HomeMy WebLinkAboutAgenda Packet 2002/11/12 CITY COUNCIL AGENDA
November 12, 2002 6:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
CI1V 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 m~etings may be viewed at 7:00 p.m. on Wednesdays on
Cox Cable Channel 24 or Chula Vista Cable Channel 68
AGENDA
November 12, 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
OATHS OF OFFICE:
Susan Fuller - Member of the Nature Center Board of Trustees
Cheryl Cox - Member of the Nature Center Board of Trustees
Herbert Young - Member of the Nature Center Board of Trustees
Margery Stinson - Member of the Nature Center Board of Trustees
Diannah Smith ~ Cultural Arts Commission
· PRESENTATION OF A CERTIFICATE BY CATHERINE HILL OF THE LEAGUE
OF CALIFORNIA CITIES TO COUNCILMEMBER DAVIS IN RECOGNITION OF
HER GRADUATION FROM THE LEAGUE OF CALIFORNIA CITIES MAYORS'
AND COUNCILMEMBERS' ACADEMY
PRESENTATION BY ROBERT WHITE, CHAIRPERSON OF THE CHULA VISTA
VETERANS ADVISORY COMMISSION OF THE 2002 SERVICE TO VETERAN'S
ANNUAL AWARD
CONSENT CALENDAR
(Items 1 through 15)
The Council will enact the staff recommendations regarding the following items
listed under the Consent Calendar by one motion, without discussion, unless a
Councilmember, a member of the public, or City staff requests that an item be
removed for discussion. If you wish to speak on one of these items, please fill out
a "Request to Speak"form (available in the lobby) andsubmitit to the City Clerk
prior to the meeting. Items pulled from the Consent Calendar will be discussed
after Action Items. Items pulled by the public will be the first items of business.
1. APPROVAL OF MINUTES of November 5, 2002.
Staffrecommendation: Council approve the minutes.
2. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA. VISTA ACTING
IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 08M (VILLAGE SIX - MCMILLIN OTAY RANCH AND OTAY
RANCH COMPANY) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN
EACH IMPROVEMENT AREA OF SUCH COMMUNITY FACILITIES DISTRICT
(SECOND READING AND ADOPTION)
Adoption of the ordinance concludes the formal proceedings to establish Community
Facilities District No. 08M. This district will fund the perpetual operation and
maintenance of slopes, medians and parkways and storm water treatment facilities
associated with Village Six - McMillin Otay Ranch and Otay Ranch Company. 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. (Director of
Public Works)
Staff recommendation: Council place the ordinance on second reading for adoption.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS AND AWARDING CONTRACT FOR THE TRAFFIC SIGNAL
INSTALLATIONS AT THE INTERSECTION OF EAST PALOMAR STREET AND
BRANDYWINE AVENUE/MEDICAL CENTER DRIVE (PROJECT TF-304) AND
EAST PALOMAR STREET AND SANTA CORA AVENUE (PROJECT TF-306) IN
THE CITY OF CHULA VISTA
On October 9, 2002, the Director of Public Works received sealed bids from three
electrical contractors for these projects. The scope of the projects includes the
installation of fully actuated traffic signal systems and other work necessary to complete
the projects. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROViNG CHANGE ORDER NO. 9 FOR PHASE I OF THE SALT CREEK
GRAVITY SEWER INTERCEPTOR PROJECT (SW219) AND THE MAIN STREET
PAVEMENT RECONSTRUCTION BETWEEN BROADWAY AND INTERSTATE
805 PROJECT (STM-332), AND AUTHORIZING THE DIRECTOR OF PUBLIC
WORKS TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE CITY
On September 18, 2001, Council awarded a contract in the mount of $8,729,617.75
(plus contingencies of $875,000.00) to Hazard Construction Company/T.C. Construction
Company, Inc., a Joint Venture, for the installation of a 42-inch gravity sewer line within
Main Street between Broadway and Interstate 805 (SW-219). This contract also includes
the reconstruction of the street pavement section on Main Street, between Broadway and
Interstate 805 (STM-332). Proposed Change Order No. 9, in the amount of$113,172.50,
is for additional labor, equipment, and materials to repave Otay Valley Road, between
Date Street and Main Street, in its entirety in order to properly repair sewer trenches
within the roadway. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECLARING CITY'S INTENTION TO UNDERGROUND OVERHEAD UTILITIES
ALONG "L" STREET FROM BROADWAY TO THIRD AVENUE, AND SETTING A
PUBLIC HEARING FOR THE FORMATION OF UNDERGROUND UTILITY
DISTRICT NUMBER 135 FOR DECEMBER 10, 2002 AT 6:00 P.M.
Page 2 - Council Agenda 11/12/02
On April 12, 2002, Underground Utility Advisory Committee meetings were held at the
site to determine the proposed.boundary of an underground utility district for the
conversion of existing overhead utilities. The district's limits extend along "L" Street
bom Broadway to Third Avenue. (Director of Public Works)
Staffrecommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECLARING CITY'S INTENTION TO UNDERGROUND OVERHEAD UTILITI.E. S
ALONG EAST "L" STREET FROM MONSERATE AVENUE TO NACION
AVENUE, AND SETTING A PUBLIC HEARING FOR THE FORMATION OF
UTILITY UNDERGROUND DISTRICT NUMBER 134 FOR DECEMBER 10, 2002
AT 6:00 P.M.
On March 15, 2002, an Underground Utility Advisory Committee meeting was held at
the site to determine the proposed boundary of an underground utility district for the
conversion of existing overhead utilities. The district's limits extend along East "L"
Street from Monserate Avenue to Nacion Avenue. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ESTABLISHING A TWO-HOUR LIMITED PARKING IN ALL AREAS FRONTING
SINGLE-FAMILY HOMES ADDRESSED WITH SHEFFIELD COURT, AND
AMENDING SCHEDULE VI OF THE REGISTER MAINTAINED IN THE OFFICE
OF THE CITY ENGINEER
Staff received a letter from James Rose and Gary Wright, residents of Sheffield Court,
complaining that residents of the Windsor Heights Planned Unit Development
continuously park their vehicles on Sheffield Court. The letter mentioned that the
residents of Windsor Heights have inadequate parking within their complex, and
constantly choose to park their vehicles on Sheffield Court and in fi.ont of the single-
family homes fronting that roadway, thereby causing safety issues with lack of driveway
clearance and creating problems with the Pacific Waste Corporation automated trash
pickup system. The request for the 2-hour parking i~one was to discourage the residents of
Windsor Heights fi.om parking their vehicles in front of the single-family homes for the
entire day. (Director of Public Works)
Staffrecommendation: Council adopt the resolution.
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A FINAL MAP OF CHULA VISTA TRACT NO. 01-09, EASTLAKE III
VISTAS PHASE II VR-9 AND VR-11, ACCEPTING ON BEHALF OF THE CITY OF
CHULA VISTA THE SEWER AND ACCESS EASEMENTS, ALL AS GRANTED ON
SAID MAP WITHIN SAID SUBDIVISION
Adoption of the resolution approves a final map of Chula Vista Tract No. 01-09, Eastlake
III Vistas Phase II VR-9 and VR-11. Said Map contains a maximum of 172
condominium units. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
Page 3 - Council Agenda 11/12/02
9 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE POGGI cANYON PUMPED SEWER AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND EASTLAKE COMPANY, LLC, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF
THE CITY
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROPRIATING $80,418 FROM THE AVAILABLE BALANCE IN THE
TELEGRAPH CANYON SEWER PUMPED FLOWS DEVELOPMENT IMPACT FEE
FUND FOR THE REIMBURSEMENT OF COSTS PERTAINING TO 'THE
PREPARATION OF THE STUDIES REQUIRED FOR THE ESTABLISHMENT OF
THE PUMPED SEWER DEVELOPMENT IMPACT FEE AND TO THE
CONSTRUCTION OF CERTAIN SEWER IMPROVEMENTS NEEDED TO CONVEY
PUMPED FLOWS (4/5THS VOTE REQUIRED)
Approval of the proposed agreement will constitute full satisfaction of Conditions 86, 87,
88, and 89 of the Eastlake III Woods and Vistas Tentative Map approved by Council
Resolution No. 2001-269 and of the requirements of Section 10 of the Master
Development Agreement for the same project approved by Council Resolution No. 2002-
090. In addition, the agreement contains provisions that will bring all developed parcels
within the Eastlake Development (i.e., Greens, Trails, Vistas, and the Woods) and the
Olympic Training Center in full compliance with the requirements of the Pumped Sewer
Development Impact Fee (DIF). Adoption of the resolution appropriates $80,418 from
the Telegraph Canyon Sewer Pumped DIF fund for reimbursing certain funds advanced
by Eastlake for the preparation of the studies required for establishing said Pumped
Sewer DIF and for the construction of certain sewer improvements needed to convey
pumped flows. (Director of Public Works)
Staff recommendation: Council adopt the resolutions.
10 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FORM OF AN ACQUISITION/FINANCING AGREEMENT
PERTAINING TO COMMUNITY FACILITIES DISTRICT NO. 06- I (EASTLAKE -
WOODS, VISTAS, AND LAND SWAP)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACTING 1N ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 06-I (EASTLAKE - WOODS, VISTAS, AND LAND
SWAP), AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF SPECIAL
TAX BONDS OF THE DISTRICT FOR IMPROVEMENT AREA A THEREOF,
APPROVING THE FORM OF BOND INDENTURE, BOND PURCHASE
AGREEMENT, PRELIMINARY OFFICIAL STATEMENT, AND OTHER
DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH
THE ISSUANCE OF SUCH BONDS
Page 4 - Council Agenda 11/12/02
Adoption of the resolutions approves the Acquisition/Finance agreement with The
EastLake Company, LLC, that establishes the procedure for acquiring the improvements
fi:om the developer, which will require each indi~vidual component of the projects to be
completed before acquisition and reimbursement. Adoption of the resolution also
approves the issuance of special tax bonds of CFD No. 064 for Improvement Area A in
the amount of $39,000,000 and approves the form of certain documents related to the
issuance of the bonds including a Bond Indenture, Bond Purchase Agreement and
Preliminary Official Statement. The developer anticipates moving forward with the Bond
sale for Improvement Area B early in the spring of 2003. (Director of Public Works)
Staffrecommendation: Council adopt the resolutions.
11. CONSIDERATION OF AMENDMENTS TO THE PUBLIC WORKS DEPARTMENT
BUDGET BY ADDING TWO STORM WATER COMPLIANCE INSPECTOR
POSITIONS, ONE SENIOR MAINTENANCE WORKER AND ONE NEW
MAINTENANCE WORKER I/II FOR THE STORM WATER PROGRAM
(CONTINUED FROM 11/5/02 -- Director of Public Works)
Staff recommendation: Continue this item to November 19, 2002.
12. RESOLUTION OF THE CITY COLrNCIL OF THE CITY OF CHULA VISTA
APPROVING THE ADOPTION OF THE 2002 CHULA VISTA SUBDIVISION
MANUAL, THE 2000 STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION ("GREENBOOK"), 2000 GREENBOOK REGIONAL
SUPPLEMENTS, THE 2000 REGIONAL STANDARD DRAWINGS, 2002 CHULA
VISTA STANDARD SPECIAL PROVISIONS, 2002 CHULA VISTA DESIGN AND
CONSTRUCTION STANDARDS (EXCLUDING CVCS-3 & 4), PORTIONS OF THE
1999 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
STANDARD PLANS AND STANDARD SPECIFICATIONS PERTAINING TO
TRAFFIC SIGNALS, SIGNAGE, STRIPING, AND SAFETY DEVICES, AND THE
1996 STATE OF CALIFORNIA MANUAL OF TRAFFIC CONTROLS
Engineering staff has prepared revisions to the Chula Vista Subdivision Manual to reflect
changes in standard engineering practices and current planning policies affecting
subdivision design. The Subdivision Manual incorporates changes recommended by the
Depa~hnents of Public Works, Fire, Building and Park Construction, and Planning and
Building, along with various recommendations fi:om the development and design
professional communities. In 2000, the "Standard Specifications for Public Works
Construction", commonly known as the "Greenbook" was revised to reflect changes in
technologies, specifications, and performance tests for the construction industry. The
Regional Standards Committee (which includes Chula Vista) has updated the Regional
Standard Drawings and Specifications and has published the revised 2000 edition.
Engineering staff has also revised the City of Chula Vista Standard Special Provisions
and the City of Chula Vista Department of Public Works "Design Standards and
Construction Standards." (Director of Public Works)
Staff recommendation: Council adopt the resolution.
Page 5 - Council Agenda 11/12/02
13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING A DONATION OF' THREE LONG-BED UTILITY ELECTRIC GLOBAL
ELECTRIC MOTORS (GEM) VEHICLES FROM THE NATIONAL PARK SERVICE
FOR THE RECREATION DEPARTMENT
The Recreation Department submitted a proposal in August 2002 to the U.S. Department
of the Interior - National Park Service (NPS) to receive a donation of three electric utility
vehicles fxom Global Electric Motors (GEM), a subsidiary of Daimler Chrysler. The
department was recently notified of approval of its request and must formally accept the
donation fi.om NPS. (Director of Recreation)
Staffrecommendation: Council adopt the resolution.
14. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2003 RECREATION DEPARTMENT BUDGET
BY APPROPRIATING $10,807 IN COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS FOR THE WlZ KIDZ PROGRAM (4/5THS VOTE REQUIRED)
The Youth Services Network, a collaborative comprised of six agencies, including the
Recreation Department, was awarded $121,000 in Community Development Block Grant
(CDBG) funds for Fiscal Year 2002/2003. The Recreation Department is requesting an
appropriation of its share of the funds, or $10,807, to its operating budget to fund the Wiz
Kidz program at Otay Recreation Center and Montgomery Elementary School for the
fiscal year. (Director of Recreation)
Staff recommendation: Council adopt the resolution.
15. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE PURCHASE AGREEMENT WITH OTAY PROJECT, LP FOR
THE REAL PROPERTY NEEDED FOR FIRE STATION NO. SEVEN, LOCATED AT
THE SOUTHEAST CORNER OF LA MEDIA ROAD AND STREET A IN VILLAGE
TWO OF OTAY RANCH 1N EASTERN CHULA VISTA, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT (CONTINUED FROM THE MEETING
OF NOVEMBER 5, 2002)
The City Council previously approved Capital Improvement Program project no. PS-150
which involves the construction of a completed and fully functional 12,000 square-foot
four-bay fire station, including the facilities and site-work required to provide fire service
to the eastern territories of the City. The design phase of the project has already
:. commenced. The resolution authorizes the purchase of the real property for Fire Station
No. Seven. (Director of Building and Park Construction)
Staff recommendation: Council adopt the resolution.
Page 6 - Council Agenda 11/12/02
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 generallyprohibits the Council from taking action on any issue
not included on the agenda, but, if appropriate, the Council may schedule the
topic for future discussion or refer the matter to staff. Comments are limited to
three minutes.
ACTION ITEM
The items listed in this section of the agenda will be considered individually by
the Council, and are expected to elicit discussion and deliberation. If you wish to
speak on any item, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting.
16. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE PARKS AND RECREATION MASTER PLAN
The Office of Building and Park Construction, under the direction of Council, the Parks
& Recreation Commission, and the Growth Management Oversight Commission, was
asked to prepare a comprehensive master plan that would guide the City in the
development of parks and recreation facilities in the community at large over the next
twenty years. The Parks and Recreation Master Plan is intended to offer guidance to the
developer when designing parks and recreation facilities. It is also envisioned that City
staff will conduct public workshops during the programming/design stage of each
neighborhood or community park, resulting modifications may be suggested that would
change the identified programming in the Master Plan for any given park. The Parks and
Recreation Master Plan has been approved by both the Parks and Recreation Commission
and Growth Management Oversight Commission. (Director of Building and Park
Construction)
Staff recommendation: Council adopt the resolution.
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.
17. CONSIDERATION OF APPROVAL OF AMENDMENTS TO TWO CHAPTERS OF
THE MUNICIPAL CODE RELATING TO UPDATES IN THE PARKS ACQUISITION
AND DEVELOPMENT FEES AND THE PUBLIC FACILITIES DEVELOPMENT
IMPACT FEES
Page 7 ~ Council Agenda 11/12/02
Since 2001, park development costs have been updated, potential parkland acreage re-
appraised, and growth impacts recalculated -- all of which indicate the need for a Park
Acquisition and Development (PAD) fee increase, as detailed in the "Park Acquisition
and Development Fee, 2002 Update". While adequate to provide basic neighborhood and
community park development, the new PAD fee will remain insufficient to build the
array of major recreation facilities, such as community centers, gymnasiums and swim
complexes that are proposed in the Parks & Recreation Master Plan. As large capital
projects, these major recreation facilities would be more appropriately funded through a
newly created Recreation component of the Public Facilities Development Impact Fee
(PFDIF). In addition to the proposed new component, a number of other changes to the
existing PFDIF fee structure are proposed in the "Public Facilities DIF, November 2002
Amendment", which will require a nominal fee increase. (Director of Budget and
Analysis)
Staff recommendation: Council conduct the public hearing, adopt the following urgency
ordinances and resolution, and place the ordinances on first reading:
A. URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHAPTER 17.10 OF THE CHULA VISTA
MUNICIPAL CODE RELATING TO UPDATES IN THE PARKS
ACQUISITION AND DEVELOPMENT FEES TO PAY FOR PARKLAND
ACQUISITION AND VARIOUS PARK FACILITIES WITHIN THE CITY OF
CHULA VISTA'S GENERAL PLAN AREA BOUNDARY
B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 17.10 OF THE CHULA VISTA MUNICIPAL CODE
RELATING TO UPDATES IN THE PARKS ACQUISITION AND
DEVELOPMENT FEES TO PAY FOR PARKLAND ACQUISITION AND
VARIOUS PARK FACILITIES WITHIN THE CITY OF CHULA VISTA'S
GENERAL PLAN AREA BOUNDARY
C. URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHAPTER 3.50 OF THE CHULA VISTA
MUNICIPAL CODE RELATING TO UPDATES IN THE PUBLIC FACILITIES
DEVELOPMENT IMPACT FEES TO PAY FOR VARIOUS PUBLIC
FACILITIES WITHIN THE CITY OF CHULA VISTA'S GENERAL PLAN
AREA BOUNDARY
D. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 3.50 OF THE CHULA VISTA MUNICIPAL CODE
RELATING TO UPDATES IN THE PUBLIC FACILITIES DEVELOPMENT
IMPACT FEES TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE
CITY OF CHULA VISTA'S GENERAL PLAN AREA BOUNDARY
E. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING THE PARK ACQUISITION AND DEVELOPMENT FEE, 2002
UPDATE AND THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE,
NOVEMBER 2002 AMENDMENT
Page 8 - Council Agenda 11/12/02
18. CONSIDERATION OF ESTABLISHI]XIG UNDERGROUND UTILITY DISTRICT NO.
140 ALONG QLq2NTARD STREET, FROM TH]RD AVENUE TO ORANGE AVENUE
On October 22, 2002, the City Council approved Resolution No. 2002-402, ordering a
Public Hearing to be held on November 12, 2002 to determine whether the public health,
safety or general welfare requires the formation of an underground utility district along
Quintard Street, from Third Avenue to Orange Avenue. The purpose of forming the
district is to require the utility companies to underground all overhead lines and to
remove all existing wooden utility poles within the proposed district. The proposed
underground utility district is about 1,100 feet long and is estimated to cost
approximately $280,000. SDG&E's allocation funds (Rule 20-A) will be used to cover
the cost of the project including reimbursements to affected property owners for their
respective trenching cost. (Director of Public Works)
Staff recommendation: C6uncil conduct the public heating and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 140 ALONG
QUINTARD STREET FROM THIRD AVENUE TO ORANGE AVENUE AND
AUTHORIZING THE EXPENDITURE OF UTILITY ALLOCATION FUNDS
TO SUBSIDIZE PRIVATE SERVICE LATERAL CONVERSION
19. CONSIDERATION OF A CONDITIONAL USE PERMIT TO INSTALL, OPERATE
AND MAINTAIN A WIRELESS TELECOMMUNICATIONS FACILITY
CONSISTING OF TWO, FIFTEEN-FOOT HIGH MONOPINES TO SUPPORT A
TOTAL OF THREE ANTENNA ARRAYS, TWO MICROWAVE DISHES, ONE GPS
ANTENNA, AND AN ASSOCIATED 45-SQUARE FOOT EQUIPMENT
ENCLOSURE BEHIND A SINGLE-FAMILY HOME AT 455 QUAIL COURT
Verizon Wireless is requesting a conditional use permit to install, operate and maintain an
unmanned wireless telecommunications facility in the back yard of a single~family
residence. Adoption of the resolution denies the'conditional use permit. (Director of
Planning and Building)
Staff recommendation: Council conduct the public heating and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DENYING CONDITIONAL USE PERMIT PCC-02-34 TO VERIZON
WIRELESS FOR CONSTRUCTION OF A WIRELESS
TELECOMMUNICATIONS FACILITY AT 455 QUAIL COURT
20. CONSIDERATION OF APPROVAL OF A 35-FOOT MONOPALM ANTENNA
STRUCTURE WITH EQUIPMENT ENCLOSURE AT 1008 INDUSTRIAL
BOULEVARD (APPLICANT: SPRINT PCS)
Page 9 - CouncilAgenda 11/12/02
Sprint PCS requests permission to install, operate, and maintain an manned cellular
communications facility within the existing parking lot of the Toys-R-Us property on
Industrial Boulevard, adjacent to the Interstate 5 northbound "L" Street off/on ramps.
The permit will allow for three antenna arrays on a 35-foot monopalm. A 450-square-
foot radio equipment compound area would be located adjacent to the structure enclosed
by a decorative block wall surrounded by two real palm trees and shrubbery. (Director
of Planning and Building)
Staff recommendation: Council conduct the public heating and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
GRANTING A CONDITIONAL USE PERMIT (PCC-02-41) TO CONSTRUCT
AN UNMANNED CELLULAR COMMUNICATIONS FACILITY AT 1008
INDUSTRIAL BOULEVARD
21. CONSIDERATION OF APPROVAL OF ANNEXATION TO COMMUNITY
FACILITIES DISTRICT NO. 9%2 (PRESERVE MAINTENANCE DISTRICT)
The City Council initiated the Community Facilities District (CFD) No. 97-2 annexation
proceedings on October 22, 2002. Adoption of the following resolutions concludes the
formal proceedings to annex territory into Improvement Area A of CFD No. 97-2.
Improvement Area A funds the costs of the Resource Monitoring Program, as well as the
Preserve Operations and Maintenance. Improvement Area B only funds the Resource
Monitoring Program. 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. (Director of Public Works)
Staff recommendation: Council conduct the public hearing and adopt the following
resolutions:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE
MAINTENANCE DISTRICT), DECLARIBIG THE RESULTS OF A SPECIAL
ELECTION IN THAT AREA DESIGNATED AS COMMUNITY FACILITIES
DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT),
IMPROVEMENT AREA "A", ANNEXATION NO. 2, AND ADDING SUCH
TERRITORY TO SUCH IMPROVEMENT AREA
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), MAKING
CERTAIN DETERMINATIONS AND AUTHORIZING SUBMITTAL OF
LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF CERTAIN
TERRITORY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES
DISTRICT NO. 97-2 (PRESERVE MAINTENANCE)
Page 10 - Council Agenda 11/12/02
ACTION ITEMS (Continued)
22. CONSIDERATION OF APPROVAL OF THE FINAL "B" MAPS OF CHULA VISTA
TRACT NO. 02-03, MCMILL]N OTAY RANCH VILLAGE SIX, R-l, R-3, R-4 AND
R-6
Adoption of the resolutions approves four final "B" maps within McMillin Otay Ranch
Village Six, four Subdivision Improvement Agreements and the Supplemental
Subdivision Improvement Agreement for McMillin Otay Ranch Village Six R-I, R-3, R-
4 and R-6. (Director of Public Works)
Staffrecommendation: Council adopt the following resolutions:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL "B" MAPS OF CHULA VISTA TRACT NO. 02-03,
MCMILLIN OTAY RANCH VILLAGE SIX, R-l, R-3, R-4 AND R-6,
ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA, THE
EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISIONS,
ACCEPTING ON BEHALF OF THE PUBLIC, VARIOUS STREETS AND
ALLEYS, APPROVING THE SUBDIVISION IMPROVEMENT
AGREEMENTS FOR THE COMPLETION OF IMPROVEMENTS REQUIRED
BY SAID SUBDIVISIONS, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENTS
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL "B" MAP SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 02-03,
MCMILLIN OTAY RANCH VILLAGE 6 R-l, R-3, R-4, AND R-6, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
23. CONSIDERATION OF APPROVAL OF AMENDMENTS TO THE SOUTHWEST
REDEVELOPMENT PLAN
During the past several months, the Redevelopment Agency/City Council has been in the
process of amending the Southwest Redevelopment Plan to extend the Agency's
authority to use eminent domain. The current period for the use of eminent domain
expires in November 2002. California Redevelopment Law allows the Agency/City
Council to extend this authority for an additional 12-year period through an amendment
to the Redevelopment Plan. Under the proposed Fourth Amendment, eminent domain
cannot be used on residential property in residential zones, which would continue the
current policy since the Plan was adopted in 1990. (Director of Community
Development)
Staffrocommendation: Council adopt the following resolutions and place the ordinance
on first reading:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING WRITTEN RESPONSES TO WRITTEN OBJECTIONS TO THE
FOURTH AMENDMENT TO THE SOUTHWEST REDEVELOPMENT PLAN,
AND HOLDING THE USE OF EMINENT DOMAIN IN ABEYANCE IN THE
100 BLOCK OF SACQUA STREET FOR A PERIOD OF THREE YEARS
WHILE THE PROPER ZONING FOR JACQUA STREET IS DETERMINED
Page 11 - Council Agenda 11/12/02
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE NEGATIVE DECLARATION FOR THE FOURTH
AMENDMENT TO THE SOUTHWEST REDEVELOPMENT PLAN
C. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AND
ADOPTING THE FOURTH AMENDMENT TO THE SOUTHWEST
REDEVELOPMENT PLAN
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
24. CITY MANAGER'S REPORTS
A. Scheduling of meetings.
25. MAYOR'S REPORTS
A. Ratification of appointment to the Human Relations Commission - Juan Celaya.
26. COUNCIL COMMENTS
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by
noon on Wednesday following the Council Meeting at the City Clerk's office in
accordance with the Ralph M. Brown Act (Government Code 54957. 7).
27. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B)
· One case
28. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A)
A. Building Industry Association of San Diego v. State Water Resources Control
Board, et al; San Diego Superior Court Case No. GIC 780263
ADJOURNMENT to a Regular Meeting of November 19, 2002, at 6:00 p.m. in the Council
Chambers.
Page 12 - Council Agenda 11/12/02
ORDINANCE NO. ~.:COlqD
ORDiNANCE OF THE CITY COUNCIL OF THE CITY OF
CHLrLA VISTA ACTING AS THE LEGISLATiVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 0SM (VILLAGE
6-MCMILLIN OTAY RANCH AND OTAY RANCH
COMPANY) AUTHORIZING THE LEVY OF A SPECIAL TAX
WITHIN EACH IMPROVEMENT AREA OF SUCH
COMMLrNITY FACILITIES DISTRICT
WHEREAS, the City Council of the City of Chula Vista (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 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 is designated as Community
Facilities District No. 08m (Village 6 - McMillin Otay Ranch And Otay Ranch Company) (the
"District") and each of the improvement areas are designated as Improvement Area No. 1 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. 08M (Village 6 - McMillin Otay Ranch and Otay Ranch
Company), 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. 1 pursuant to the Rate and Method of
Apportionment of Special Taxes as set forth in Exhibit "A" attached hereto (the "Improvement
Area No. 1 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. 1 shall not exceed the maximum special tax
calculated pursuant to the Improvement Area No. 1 Special Tax Formula, but the special tax may
be levied at a lower rate.
Ordinance No.
Page 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. 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.
SECTION3. 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.
Presented by: Approved as to form by:
John Lippitt John Kaheny
Director of Public Works City Attorney
J:\Attorney\Ordinance\CFD 08M Special Tax Levy.doc
2
COUNCIL AGENDA STATEMENT
Item
Meeting Date 11/12/02
ITEM TITLE: Resolution Accepting bids and Awarding Contract for the "Traffic
Signal Installations at the intersection of East Palomar Street and Brandywine
AvenuefMedical Center Drive (TF-304) and East Palomar Street and Santa
Cora Avenue (TF-306) in the City of Chula Vista, California."
SUBMITTED BY: Director ofPublic/~_ Worki~
REVIEWED BY: City Manager¢ 992 (4/5ths Vote: Yes __ No X )
At 2:00 p.m. on October 9, 2002, the Director of Public Works received sealed bids from three (3)
electrical contractors for the "Traffic Signal Installations at the intersection of East Palomar Street
and Brandywine Avenue/Medical Center Drive (TF~304) and East Palomar Street and Santa Cora
Avenue (TF-306) in the City of Chula Vista, California" projects. The scope of the projects includes
the installation of fully actuated traffic signal systems and other work necessary to complete the
projects.
RECOMMENDATION:
That Council Accept Bids and Award the Contract for the "Traffic Signal Installations at thc
Intersection of East Palomar Street and Brandywine Avenue/Medical Center Drive (TF-304) and
East Palomar Street and Santa Cora Avcune (TF-306) in the City of Chula Vista, Califomia" projects
to T & M Electric, dba Perry Electric in thc amount of $62,251.00.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The installation of traffic signal systems at the subject intersections was approved and budgeted for
the Fiscal Year (FY) 2002-2003 Capital Improvement Program (CIP). The funding source for both
intersections is the Traffic Signal Fund. These intersections are among the first 10 ranked for future
installation of traffic signals within the City.
With the City's effort to keep up the rapid growth of vehicular and pedestrian traffic activities in the
eastern territories, six traffic signal installations have been designed for future installation within the
past few months, including the above mentioned locations. Staff elected to purchase the traffic
signal equipment ahead of schedule due to the recent equipment shortages and anticipated delay of
delivery.
Page 2, Item _~
Meeting Date 11/12/02
Staff already received partial shipment of equipment for these intersections. Staffanticipates receipt
of the remainder of equipment by the start of construction in December of 2002.
The work to be done for these projects will include the installation of controllers, cabinets, signal
standards, mast arms Lighting Emitting Diode (LED) 12" indications, Internally Illuminated Street
Name Signs (IISNS), other signs, meter pedestal, Uninterruptible Power Supply (UPS) systems,
luminaires, trenching and conduit, Emergency Vehicle Preemption (EVPE), video detections,
conductors, cables and wire intersection, striping, restoration of existing improvements and the
construction of all appurtenances and other miscellaneous work necessary to make the traffic signal
systems complete and operational.
Bidding Process
Traffic engineering staff recently prepared plans and specifications for this project. Staff also
prepared a combined installation cost estimate of $64,455.00 using average unit prices of recently
received bids from contractors on similar types of projects.
On October 9, 2002, staff received bids from the following contractors:
I I~_T._ & M E[.ectric dba. Perry E!ectric $62,251.00~
[[.. ~_ [ H~_Constr~. ction, ._Ip.._c. ~ ......... i~o~l
i $71 061 O0
The low bid, submitted by T & M Electric, dba Perry Electric is below the final engineer's estimate
of $64,455.00 by $2,204.00 or approximately 3%. The Contractor has completed recent projects in
the City with favorable performance.
Disclosure Statement
Attached is a copy of the contractor's Disclosure Statement.
Environmental Status
The work involved in this project is exempt under Section 15301, Class lc of the California
Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public
Structures).
Page 3, Item ~
Meeting Date 11/12/02
FISCAL IMPACT:
Ii FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount (HMS Construction, Inc.) $62,251.00
i B. Equipment Costs for TF-304 & TF-306 $149,676.63
C. Staff Costs (Design~ Inspection, Contract Administration) $68,072.37
D. Contingencies $30,000.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $310,000.00 I
FUNDS AVAILABLE FOR CONSTRUCTION
A. TF-304- Traffic Signal Fund $190,000.00il
B. TF-306- Traffic Signal Fund $120,000.00
~. TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $310,000.00
After completion of construction, annual energy and maintenance costs are estimated to be $3,500.00
for each intersection.
Attachments: Contractor's Disclosure Statement
J:XEngineer~AGENDA\TF304-306A 113.mlcn~doc
Prepared by: Maria Luz Malong
Checked by: Majed AI-Ghafry
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 101-01, prior to any action upon matters, which will require discretionary
action by the Council, Planning Commission and all other official bodies of the City, a statement of
disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of
Chula Vista election must be filed. The following information must be disclosed:
I. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, and material supplier.
2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals with a $1000 investment in the business (corporation/partnership) entity.
3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names
of any person serving as director of the non-profit organization or as trustee or beneficiary or
trustor of the trust.
4. Please identify every person, including any agents, employees, consultants, or independent
contractors you have assigned to represent you before the Ci~' in this matter.
J:Engineer'~.DMINCONTRACTTF306 304 19.doc 17
5. Has any person* associated with this contract had any financial dealings with an official*~*,,of the
CiD' of Chula Vista as it relates to this contract within the past 12 months? Yes No ~
If Yes, briefly describe the nature of the financial interest the official** may have in this contract.
6. Have you made a contribution of more than $250 within the pa~ twelve (12) months to a current
member of the Chula Vista City Council? Yes No ~ If Yes, which Council member?
7. Have you or any member of your governing board (i.e. Corporate Board of Directors/Executives,
non-profit Board of Directors made contributions totaling than
more
$1,000
over~e
past
four
(4)
years to a current member of the Chula Vista C~W Council? Yes No ~'~ I£ Yes, which
Council member?
8. Have you provided more than $300 (or an item of equivalent value) to an official** of the City of
Chula Vista in the past twelve (121} months? (This incl~es being a source of income, money to
retire a legal debt, gifi. loan. etc.) Yes No ~ lfYes, which official** and what was
the nature of item provided?
giL~nat ute o f C;ntr~ctor/Ap~cant
Print or type name ot-Contractor/Applicant
* Person is defined as: any individual, firm, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver syndicate, any other count3.', cit'5., municipality,
district, or other political subdivision, -or any other group or combination acting as a unit.
** Official includes, but is not limited to: Mayor. Council member, Planning Commissioner,
Member ora board, commission, or committee of the City. employee, or staffmembers.
J:iEngineer'ADMIN.CONTRACT,TF306_304_I 9.doc 18
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS, AND AWARDING
CONTRACT FOR THE "TRAFFIC SIGNAL INSTALLATIONS
AT THE iNTERSECTION OF EAST PALOMAR STREET AND
BRANDYWINE AVENUE/MEDICAL CENTER DRIVE (TF-
304) AND EAST PALOMAR STREET AND SANTA CORA
AVENUE (TF-306) IN THE CITY OF CHULA VISTA
WHEREAS, at 2:00 p.m. on October 9, 2002, the Director of Public Works received the
following three sealed bids for the "Traffic Signal Installation at the intersection of East Palomar
Street and Brandywine Avenue/Medical Center Drive (TF-304) and East Palomar Street and
Santa Cora Avenue (TF-306) in the City of Chula Vista, Ca.:
i~_N~ Contractor ~ Bid Amount ~
[~_~!~ ~-~.-M~tric dba Perry Electric .-[ -~ l[
[[~ -~'"'""l'"~el-g-~-~ n s t rucfi~ ~i~-'i~7 .............................................. [ ........ g;]b,920 00 ......
WHE~AS, the low bid, submitted by T & M Electric, dba Pe~ Electric, is below the
final engineer's estimate of $64,455.00 by $2,204.00 or approximately 3%; and
WHE~AS, the con,actor has completed recent prQects in the Ci~ and its perfo~ance has
been satishcto~; and
WHE~AS, the work involved in this project is exempt under Section 15301, Class lc of
the California Enviromental Quality Act (Minor Alterations of Existing Public Improvements
or Public Structures).
NOW, THE~FO~, BE IT ~SOLVED that the City Council of the City of Chula
Vista does hereby accept bids ~d award the contract for the "Traffic Signal Installations at the
intersection of East Palomar Street and Brand~ine Avenue~edical Center Drive (TF-304) and
Santa Cora Avenue (TF-306) in the City of Chula Vista, Ca. (TF-297)" to T & M Electric, dba
Pe~ Electric in the amount of $62,251.00.
BE IT F~THER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said contract on behalf of the City of Chula Vista.
Presented by Approved as to fo~ by
John P. Lippitt
Director of Public Works ~,.,~ity Attorney
J:\attomey\reso\Traffic Signal Installation East Palomar
COUNCIL AGENDA STATEMENT
Item /~}
Meeting Date 11/12/02
ITEM TITLE: Resolution Approving Change Order No. 9 for the
"Phase I of the Salt Creek Gravity Sewer Interceptor (SW219) and the
Main Street Pavement Reconstruction between Broadway and Interstate 805
(STM-332)" Project and Authorizing the Director of Public Works to
Execute Said Change Order on Behalf of the City
SUBMITTED BY: Director of Public Works//~l~
REVIEWED BY: City Manager~?,,~ ual' (4/Sths Vote: Yes No X )
On September 18,2001, the City Council approved Resolution No. 2001-313 awarding a contract
in the amount of $8,729,617.75 (plus contingencies of $875,000.00) to Hazard Construction
Company/T.C. Construction Company, Inc., a Joint Venture, for the installation of a 42-inch
gravity sewer line within Main Street between Broadway and Interstate 805 (SW-219). This
contract also includes the recoristruction of the street pavement section on Main Street, between
Broadway and Interstate 805 (STM-332).
Proposed Change Order No. 9, in the amount of $113,172.50 (Attachment "A"), is for additional
labor, equipment, and materials to repave Otay Valley Road between Date Street and Main Street
in its entirety in order to properly repair sewer trenches within the roadway.
RECOMMENDATION: That Council Approve the Resolution Approving Change Order No.
9 for the "Phase I of the Salt Creek Gravity Interceptor Sewer (SW219) and the Main Street
Pavement Reconstruction between Broadway and Interstate 805 (STM-332)" Project and
Authorizing the Director of Public Works to Execute Said Change Order on Behalf of the City.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable
DISCUSSION:
As a result of the installation of the Poggi Canyon Gravity Interceptor Sewer a few years ago and
now the installation of the Salt Creek Gravity Interceptor Sewer, the present condition of Otay
Valley Road pavement between Date Street and Main Street is poor. This construction work has
taken a toll on the asphalt. The street is full of cracks and potholes, as well as failed trenches. In
order to properly repair the pavement within Otay Valley Road, staff recommends reconstruction
of the roadway within the limits of the Salt Creek Gravity Interceptor Sewer trench and then
overlaying the entire width of Otay Valley Road.
Page 2, Item~
Meeting Date 11/12/02
Proposed Contract Change Order No. 9 is for $113,172.50. The contractor's estimate is to
provide additional cold planing, pavement fabric, asphalt concrete dike and asphalt concrete
overlay within the full limits of Otay Valley Road. The cost to simply repair the sewer trench is
approximately $42,000, thereby resulting in a net increase of $71,000.
By repaying all of Otay Valley Road instead of just the trench line of the sewer, the street will not
require any significant maintenance for at least ten years. If this work is not performed now, then
the roadway will need to be repaved or reconstructed within the next three to five years.
The following is a summary of prior City Council actions with regard to this project and actions
recommended by staff under the proposed resolution:
Action Description Authorization Amount
Original (Base Contractor's Base Bid as Awarded by City Council Res. 2001-313 $8,729,617.75
Contract) Council on September 18, 2001
Change Order No.l Additional Conduits for future utility useCouncil Res. 2001-423 $ 93,130.00
by the City
Change Order No.2 Change of depth of pipe in Phase I due to Council Res. 2002-209 $ 70,768.00
design changes in next sewer phase
Change Order No.3 Remove tailed 42" Corrugated Metal Pipe Council Res. 2002-209 $ 76,036.00
(CMP) and replace with 36" Reintbrced
Concrete Pipe (RCP)
Change Order No.4 Remove existing failed CMP and install Dir. of Public Works * $ 49,205.00
24" and 36" RCP storm drain
Change Order No.5 Remobilization and provide traffic controlDir. of Public Works * $ 2,000.00
for the installation of an 8' diameter
manhole
Change Order No.6 Remove existing failed CMP and install Dir. of Public Works * $ 28,578.40
36" RCP storm drain and an A-4 cleanout
Change Order No.7 Remove failed 42" Corrugated Metal Pipe Council Res. 2002-276 $ 137,238.70
(CMP) and replace with 36' Reinforced
Concrete Pipe (RCP)
Change Order No.8 Install a total of 1,100 feet of PVC SewerCouncil Res. 2002 334 $ 680,000.00
using open cut methods east and west of (Maximum CCO
Industrial Boulevard to expedite overall Amount, Includes
sewer completion 10% Contingencies)
Change Order No.9 Repave Otay Valley Road in its entirety Proposed for Approval $ 113,172.50
between Stations 132+30 and 143+50 by the City Council
Total $9,979,746.30
· Approved by the Director of Public Works in accordance witl~ City Council Policy No. 574-01
Page 3, Item 1~
Meeting Date 11/12/02
FISCAL IMPACT:
Proposed Change Order No. 9 totals $113,172.50. The Proposed Change Order, along with prior
Change Order Nos. 1 through 8 will increase the contract amount from $9,913,772.35 to
$9,979,746.30. Sufficient funds are available in the project fund balance of the SW-219 Project
Account to cover the proposed increase in the contract amount.
/mpp
Attachment: (A) Preliminary Change Order No. 9
J:\Engineer~aGENDA\SW219_CCO9.113.doc
CHUIA VISTA
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
PREI..Ef, I:TNARYCHANGE ORDER NO. 9 Sep'cember 23, 2002
0735-10-SW219
CONTRACT: SALT CREEK SEWER INTERCEPTOR, REACH 9B
CONTRACTOR: HAZARD CONSTRUCTION COMPANY / TC CONSTRUCTION COMPANY,
(a joint venture)
The following changes shall be made to the referenced contract between the CITY
OF CHULA VIS'FA and HAZARD CONSTRUCT[ON COMPANY/TC CONS-I-RUCTION COMPANY,
INC. (Contractor):
1. Remove and replace 6' asphalt 33,435 SF @ $ 2.50/SF = $ 83,587.50
From station 132+30 to station
143+50 on Otay Valley rd. Drawing
No. 01-28-24 to 01-028-25
2. Cold Milling - 6' wide 1,830 LF @ $ 3.00/LF = $ 5,490.00
from station 143+50 to 151+85
Drawing No. 01-028-26
3. Pavement Fabric 35,320 SF @ $ 0.10/SF = $ 3,532.00
from station 143+50 to 151+85
Drawing No. 01-028-26
4. 1-1/2" AC Overlay 35,320 SF @ $ 0.40/SF = $ 14,128.00
from station 143+50 to 151+85
Drawing No. 01-028-26
5. Install new Type "A" AC Dike 2,145 LF @ $ 3.00/I.1:= $ 6,435.00
TOTAL PRICE (ESTJ'~/A TE): $113,172.50
276 FOURTH AVENUE / CHULA VISTA, CALIFORNIA 91910-2631 / (619) 691-5021
This contract change order will add 10 working days to contract.
The agreed upon total price includes all costs for furnishing all tools, labor, materials,
equipment, inddental costs and fees from performing the work in this contract change and
no additional compensation will be due. It is agreed by the undersigned that this work shall
be performed and materials furnished in accordance with the original (base) contract, Green
Book specifications and applicable standard drawings.
ORZGI*NAL CONRACT PRZCE: $8,729,617.75
PREVZOUS CHANGE ORDERS: $1,070,,982.10
THI'S CHANGE ORDER (ESI'ZI~ATED): $113,,172.50
TOTAL CONTRACT PRZCE: $9,913,772.35
~I~RED BY: ~ APPROVED BY:
CL11:FORD L. SWANSON W.S. ROGL:~S' 3OHN P. LIPPTI-I'
Deputy Dir. of Public WorksHazard Construction/ Director of Public Works
City Engineer TC Construction
CITY OF CHULA VISTA
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING CHANGE ORDER NO. 9 FOR THE "PHASE I OF THE SALT
CREEK GRAVITY SEWER iNTERCEPTOR (SW-219)" AND THE MAIN
STREET PAVEMENT RECONSTRUCTION BETWEEN BROADWAY AND
INTERSTATE 805" (STM-332)" PROJECT, AND AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS TO EXECUTE SAID CHANGE ORDER ON
BEHALF OF THE CITY
WHEREAS, on September 18, 2001, the City Council approved Resolution No. 2001-313
awarding a contract in the amount of $8,729,617.75 (plus contingencies of $875,000) to Hazard
Construction Company/T.C. Construction, Inc., a Joint Venture for the installation of a 42-inch
gravity sewer line within Main Street between Broadway and Interstate 805 (SW-219) and also
includes the reconstruction of the street pavement section on main Street, between Broadway and
Interstate 805 (STM-332); and
WHEREAS, proposed Change Order No. 9, in the amount of $113,172.50 is for additional
labor, equipment and materials to repave Otay Valley Road in its entirety in order to properly repair
sewer trenches within the roadway.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby approve Change Order No. 9 for the "Phase I of the Salt Creek Gravity Sewer
Interceptor (SW-219) and for Main Street Pavement Reconstruction, between Broadway and
Interstate 805 (STM-332)" in the amount of $113,172.50.
BE IT FURTHER RESOLVED that the Director of Public Works of the City of Chula Vista
is hereby authorized and directed to execute said change order on behalf of the City of Chula Vista.
Presented by Approved as to form by
John P. Lippitt John M. Kaheny
Director of Public Works City Attorney
JSAttomcy\Reso\Salt Creek Sewer Interceptor CO9
COUNCIL AGENDA STATEMENT
Item
Meeting Date 11/12/02
ITEM TITLE: Resolution Declaring City's intention to underground overhead
utilities along "L" Street from Broadway to Third Avenue, and setting a
public hearing for the formation of Utility Underground District Number 135
for December 10, 2002 at 6 p.m.
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: City Manager ~(~ (4/Sths Vote: Yes No X )
OnNovember 12, 1991, the City Council approved Resolution No. 16415 accepting a report on the
City's Utility Undergrounding Conversion Program and approving a revised list of utility
underground conversion projects. On April 12, 2002, Underground Utility Advisory Committee
(UUAC) meetings were held at the site to determine the proposed boundary of an underground utility
district for the conversion of existing overhead utilities. The proposed boundary is shown on
attached Exhibit A. The district's limits extend along "L" Street from Broadway to Third Avenue.
RECOMMENDATION: That Council approve the resolution declaring the City's intention to
underground overhead utilities along "L" Street from Broadway to Third Avenue and setting a public
hearing for the formation of Utility Underground District Number 135 for December 10, 2002 at 6
p.m.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable,
DISCUSSION:
The Underground Utility Advisory Committee (UUAC), consisting of representatives of SDG&E,
Pacific Bell, Cox Communications, Chula Vista Cable and the City, agreed to propose to the City
Council the formation ora district for the conversion of overhead utilities to underground along "L"
Street, from Broadway to Third Avenue. The proposed utility undergrounding district along "L"
Street is about 3,900 feet long running from Broadway to Third Avenue (See Exhibit A). The
estimated cost for undergrounding the utilities is $700,000. The Average Daily Traffic (ADT) count
on "L" Street between Broadway to Third Avenue is approximately 16,500.
Staff recommends the formation of this conversion district along this section of"L" Street because:
1. "L" Street is a major West/East four-lane thoroughfare between the western and eastern
portions of Chula Vista. The undergrounding of existing overhead utilities will contribute to
the creation of an aesthetically pleasing major street.
2. This segment of"L" Street is classified in the General Plan's Cimulation Elements as a Class
1 Collector street.
Page 2, Item ~
Meeting Date 11/12/02
Section 15.32.130 of the Chula Vista Municipal Code requires the City Council to set a public
hearing to determine whether the public health, safety, and general welfare requires the
undergrounding of existing overhead utilities within designated areas of the City to give persons the
opportunity to speak in favor of or against the formation of a proposed district to underground
utilities. The purpose of forming the district is to require the utility companies to underground all
overhead lines and to remove all existing wooden utility poles within the District and to require
property owners to convert their service connections to underground.
The conversion work by the property owners involves trenching, backfill and conduit installation
from property line to point of connection. Chula Vista City Council Policy No. 585-1 established a
mechanism that helps property owners with the cost of the conversion work from the distribution
lines to the structure. Said policy provides for the reimbursement of property owners at a rate of $35
per lineal foot of trenching, which is normally sufficient to cover total costs. Exhibit B shows a
reimbursement schedule listing reimbursement amount for all 36 affected properties, two of them are
schools, one church, and 33 residential properties of which 12 are within the Montgomery
Annexation area. The total reimbursement is approximately $66,000 and is included in the overall
cost estimate of $700,000.
Approval of this resolution will set a public hearing to be held during the City Council meeting of
December 3, 2002 at 4:00 p.m., in accordance with Section 15.32.130 of the Municipal Code for the
formation of this district.
Section 15.32.140 of the City Code requires the City Clerk to notify all affected persons and each
utility company of the time and place of the public hearing at least 15 days prior to the date of the
public hearing. Notice is to be given by mail to all property owners and occupants of property
located within the boundaries of the proposed district. The City Clerk is required by said section of
the Code to publish the Resolution of Intention, setting the public hearing in the local newspaper no
less than five days prior to the date of the public hearing.
FISCAL IMPACT: The cost of pole removal, undergrounding overhead facilities and private
property conversion reimbursements as outlined above is estimated to be approximately $700,000.
SDG&E's allocation funds (Rule 20-A) will cover the estimated cost of the project. The estimated
cost for street light project associated with the undergrounding district is estimated to be
approximately $100,000. City staff will be establishing a separate CIP project for the street light
work to be done is FY 03/04. The $100,000 funding source is anticipated to come from Gas Tax.
All staff costs associated with the formation of this district is not reimbursable from the allocation
funds and, therefore, are borne by the general fund.
Attachment: Exhibit A - Boundary Map
Exhibit B - Reimbursement Schedule
J:\engineer\aGENDA\UUD 135 Intention. Iai.doc
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DECLARING CITY'S INTENTION TO UNDERGROUND
OVERFIEAD UTILITIES ALONG "L" STREET FROM BROADWAY TO
THIRD AVENUE AND SETTING A PUBLIC HEARING FOR THE
FORMATION OF UTILITY UNDERGROUND DISTRICT NUMBER 135
FOR DECEMBER 10, 2002 AT 6:00 P.M.
WHEREAS, Chapter 15.32 of the Chula Vista Municipal Code establishes a procedure for the
creation of underground utility districts and requires as the initial step in such procedure the holding
of a public hearing to ascertain whether public necessity, health, safety, or welfare requires the
removal of poles, overhead wires and associated overhead structures and the underground
installation of wires and facilities for supplying electric, communication, or similar or associated
service in any such district; and
WHEREAS, on April 12, 2002, Underground Utility Advisory Committee (UUAC) meetings
were held at the site to determine the proposed boundary of an underground utility district for the
conversion of existing overhead utilities along "L' Street from Broadway to Third Avenue; and
WHEREAS, it has been recommended that such an underground utility district, hereinafter
called "District", be formed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as
follows:
1. NOTICE IS HEREBY GIVEN that a public hearing will be held in the Council Chambers
of the City of Chula Vista at 276 Fourth Avenue in said City on Tuesday, the 10th day of December,
2002, at the hour of 6:00 p.m., to ascertain whether the public necessity, health, safety or welfare
requires the removal of poles, overhead wires and associated overhead structures and the
underground installation of wires and facilities for supplying electric, communication, or similar
associated service in the District hereinabove described. At such heating, all persons interested shall
be given an opportunity to be heard. Said hearing may be continued from time to time as may be
determined by the City Council.
2. The City Clerk shall notify all affected property owners as shown on the last equalized
assessment roll and utilities concerned of the time and place of such hearing by mailing a copy of
this resolution to such property owners and utilities concerned at least fifteen (15) days prior to the
date thereof.
3. The area proposed to be included in the District is as shown on Exhibit A attached hereto
and made a part hereof by reference.
Presented by Approved as to form by
John P. Lippitt John M. Kaheny
Director of Public Works City Attorney
J:\attorney\reso\UUD Intention 135
COUNCIL AGENDA STATEMENT
Item
Meeting Date 11/12/02
ITEM TITLE: Resolution Declaring City's intention to underground overhead
utilities along East "L" Street from Monserate Avenue to Nacion Avenue,
and setting a public hearing for the formation of Utility Underground District
Number 134 for December I0, 2002 at 6 p.m.
SUBMITTED BY: Director of Public Works~/
REVIEWED BY: City Manager~o9/ t (4/5ths Vote: Yes No X )
On November 12, 1991, the City Council approved Resolution No. 16415 accepting a report on the
City's Utility Undergrounding Conversion Program and approving a revised list of utility
underground conversion projects. On March 15, 2002, an Underground Utility Advisory Committee
(UUAC) meetings was held at the site to determine the proposed boundary of an underground utility
district for the conversion of existing overhead utilities. The proposed boundary is shown on
attached Exhibit A. The district's limits extend along East "L" Street from Monserate Avenue to
Nacion Avenue.
RECOMMENDATION: That Council approve the resolution declaring the City's intention to
underground overhead utilities along East "L" Street from Monserate Avenue to Nacion Avenue and
setting a public heating for the formation of Utility Underground District Number 134 for December
10, 2002 at 6 p.m.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Underground Utility Advisory Committee (UUAC), consisting of representatives of SDG&E,
Pacific Bell, Cox Communications, Chula Vista Cable and the City, agreed to propose to the City
Council the formation of a district for the conversion of overhead utilities to underground along East
"L" Street, from Monserate Avenue to Nacion Avenue. The proposed utility undergrounding district
along East "L" Street is about 2,050 feet long, running from Monserate Avenue to Nacion Avenue
(See Exhibit A). The estimated cost for undergmunding the utilities is $400,000. The Average
Daily Traffic (ADT) count on East "L" Street between Monserate Avenue to Nacion Avenue is
approximately 22,500.
Staff recommends the formation of this conversion district along this section of East "L" Street
because:
East "L" Street is a four-lane major west/east thoroughfare between the western and eastern
portions of Chula Vista. The undergrounding of existing overhead utilities will contribute to
the creation of an aesthetically pleasing major street.
Page 2, Item (/
Meeting Date 11/12/02
2. This segment of East "L" Street is classified in the General Plan's Cimulation Elements as a
Class I Collector street.
The residences on Nolan Way, Monterrey Court, Melrose Avenue, Maria Way, and Myra Avenue
included in this undergrounding district (Exhibit A) were determined during a field investigation
conducted by representatives of Cox Communications, Pacific Bell, SDG&E, and City of Chula
Vista staff. In order to underground the utilities along East "L" Street from Monserate to Nacion
Avenue, up-poles would have been necessary along the cormecting streets. In order to avoid the
installation of additional poles, City staff detemfined that it would be more feasible to include the
entire side street in the district, resulting in completely undergrounded utilities rather than the
addition of up-poles.
Section 15.32.130 of the Chula Vista Municipal Code requires the City Council to set a public
hearing to determine whether the public health, safety, and general welfare requires the
undergrounding of existing overhead utilities within designated areas of the City to give persons the
opportunity to speak in favor of or against the formation of a proposed district to underground
utilities. The purpose of forming the district is to require the utility companies to underground all
overhead lines and to remove all existing wooden utility poles within the District and to require
property owners to convert their service connections to underground.
The conversion work by the property owners involves trenching, backfill and conduit installation
from property line to point of connection. Chula Vista City Council Policy No. 585-1 established a
mechanism that helps property owners with the cost of the conversion work from the distribution
lines to the structure. Said policy provides for the reimbursement of property owners at a rate of $35
per lineal foot of trenching, which is normally sufficient to cover total costs. Exhibit B shows a
reimbursement schedule listing reimbursement amount for all 69 affected properties. The total
reimbursement is approximately $127,000 and is included in the overall cost estimate of $400,000.
Approval of this resolution will set a public hearing to be held during the City Council meeting of
December 10, 2002 at 6 p.m., in accordance with Section 15.32.130 of the Municipal Code for the
formation of this district.
Section 15.32.140 of the City Code requires the City Clerk to notify all affected persons and each
utility company of the time and place of the public hearing at least 15 days prior to the date of the
public hearing. Notice is to be given by mail to all property owners and occupants of property
located within the boundaries of the proposed district. The City Clerk is required by said section of
the Code to publish the Resolution of Intention, setting the public hearing in the local newspaper no
less than five days prior to the date of the public hearing.
FISCAL IMPACT: The cost of pole removal, undergrounding overhead facilities and private
property conversion reimbursements as outlined above is estimated to be approximately $400,000.
SDG&E's allocation funds (Rule 20-A) will cover the estimated cost of the project. The estimated
cost for street lights project associated with the undergrounding district is estimated to be
approximately $100,000. City staff will be establishing a separate CIP project for the street light
Page 3, Item ~
Meeting Date 11/12/02
work to be done in FY 03/04. The $100,000 funding source is anticipated to come from Gas Tax.
All staff costs associated with the formation of this district is not reimbursable from the allocation
funds and, therefore, are borne by the General Fund.
Attachment: Exhibit A - Boundary Map
Exhibit B - Reimbursement Schedule
J:\EngineerXAGENDA\UUD 13 5 Intention. Iai.doc
District Boundary
· Exisiting Poles
0 Proposed Poles
]'---*] Parcels in Underground District UTILITY UNDERGROUND DISTRICT NO, 134
Utilities affected EAST "L" STREET,
E: Electrical
~ T: Telephone MONSERATE AVE TO NAClON AVE cr~
CHUIA VI$1'A
C: Cable EXHIBIT "'A"
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DECLAKING CITY'S INTENTION TO UNDERGROUND
OVERHEAD UTILITIES ALONG EAST "L" STREET FROM
MONSERATE AVENUE TO NACION AVENUE AND SETTiNG A
PUBLIC HEARING FOR THE FORMATION OF UTILITY
UNDERGROUND DISTRICT NUMBER 134 FOR DECEMBER 10, 2002
AT 6:00 P.M.
WHEREAS, Chapter 15.32 of the Chula Vista Municipal Code establishes a procedure for the
creation of underground utility districts and requires as the initial step in such procedure the holding
of a public hearing to ascertain whether public necessity, health, safety, or welfare requires the
removal of poles, overhead wires and associated overhead structures and the underground
installation of wires and facilities for supplying electric, communication, or similar or associated
service in any such district; and
WHEREAS, on March 15, 2002, Underground Utility Advisory Committee (UUAC)
meetings were held at the site to determine the proposed boundary of an underground utility district
for the conversion of existing overhead utilities along East "L" Street from Monserate Avenue to
Nacion Avenue; and
WHEREAS, it has been recommended that such an underground utility district, hereinafter
called "District", be formed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as
follows:
1. NOTICE IS HEREBY'GIVEN that a public hearing will be held in the Council Chambers
of the City of Chula Vista at 276 Fourth Avenue in said City on Tuesday, the 10th day of December,
2002, at the hour of 6:00 p.m., to ascertain whether the public necessity, health, safety or welfare
requires the removal of poles, overhead wires and associated overhead structures and the
underground installation of wires and facilities for supplying electric, communication, or similar
associated service in the District hereinabove described. At such heating, all persons interested shall
be given an opportunity to be heard. Said hearing may be continued from time to time as may be
determined by the City Council.
2. The City Clerk shall notify all affected property owners as shown on the last equalized
assessment roll and utilities concerned of the time and place of such hearing by mailing a copy of
this resolution to such property owners and utilities concerned at least fifteen (15) days prior to the
date thereof.
3. The area proposed to be included in the District is as shown on Exhibit A attached hereto
and made a part hereof by reference.
Presented by Approved as to form by
John P. Lippitt John M. Kaheny
Director of Public Works City Attorney
J:\attomey\reso\UUD Intention 134
2
COUNCIL AGENDA STATEMENT
Item 7
Meeting Date 11/12/02
ITEM TITLE: Resolution Establishing a 2-hour time limited parking in all areas
fronting single-family homes addressed with Sheffield Court, and amending
Schedule VI of the register maintained in the Office of the City Engineer.
SUBMITTED BY: Director of Public Work¥,~/
REVIEWED BY: City Manager ~2~ (4/5ths Vote: Yes No X )
Staff received a letter from James Rose and Gary Wright, residents of Sheffield Court, complaining
that residents of the Windsor Heights Planned Unit Development continuously park their vehicles on
Sheffield Court. The letter mentioned that the residents of Windsor Heights have inadequate parking
within their complex, and constantly choose to park their vehicles on Sheffield Court and in front of
the single-family homes fronting that roadway, thereby causing safety issues with lack of driveway
clearance and creating problems with the Pacific Waste Corporation automated trash pickup system.
The request for the 2-hour parking zone was to discourage the residents of Windsor Heights from
parking their vehicles in front of the single-family homes for the entire day.
RECOMMENDATION: That the City Council adopt a resolution establishing a 2-hour time
limited parking in all areas fronting single-family homes addressed with Sheffield Court, and
amending Schedule VI of the register maintained in the Office of the City Engineer.
BOARDS AND COMMISSIONS RECOMMENDATION: The Safety Commission, at their
meeting of September 12, 2002 voted MSC (Acton/Liken) 5-0-2 with Chair McAlister and
Commissioner Lopez absent, to accept staff'~ report thereby concurring with the recommendation
that the City Council adopt a resolution establishing a 2-hour time limited parking in all areas
fronting single-family homes addressed with Sheffield Court, and amend Schedule VI of the register
maintained in the Office of the City Engineer.
DISCUSSION:
On July 8, 2002, staff received a request from James Rose, 614 Sheffield Court, and Gary Wright,
613 Sheffield Court, complaining of parking problems created by the residents of the Windsor
Heights Condominiums. In accordance with California Vehicle Code Section 22507, local
authorities may, by ordinance or resolution, prohibit or restrict the stopping, parking, or standing of
vehicles on certain streets or highways, or portions thereof, during all or certain hours of the day.
The ordinance or resolution may include a designation of certain streets upon which preferential
Page 2, Item __
Meeting Date 11/12/02
parking privileges are given to residents and memhants adjacent to the streets for their use and the
use of their guests, under which the residents and merchants may be issued a permit or permits that
exempt them from the prohibition or restriction of the ordinance or resolution. Residents applying
for permits must apply in person at the Engineering Permit Counter in the Public Services Building
at 276 Fourth Avenue, Chula Vista, CA 91910. They will need to provide proof of residence at an
affected address, proof of ownership of the vehicle for ,vhich the permit is to be issued, and positive
identification such as a California driver license. In the past, the City had established similar parking
permit areas, such as the 300 block of"J" Street that was established in early 2000, the 200 block of
"D" Street that was established in early 1998, and several locations within the Downtown Business
District, near Chula Vista High School and Chula Vista Shopping Center.
Sheffield Court is 40' wide curb-to-curb, approximately 600' in length, with allowed parking along
both sides of the roadway, and an Average Daily Traffic of 775. There are eight single-family
homes fronting Sheffield Court and the Windsor Heights Housing Complex is located at the eastern
end of this segment. Residents of the single-family homes along Sheffield Court and residents of
Windsor Heights are currently utilizing the entire length of Sheffield Court for parking their vehicles
during the day.
Upon receiving the request, staff performed field investigations and a parking study at the subject
location. The purpose of the parking study was to tally the amount of times that specific vehicles
remain parked on Sheffield Court. Staff initiated the parking study at 8:00 pm on August 15, 2002,
and concluded the study at 2:00 pm on August 16, 2002 (a period of 18 hours). As a result of the
parking study, staff concluded that 13 vehicles remained parked on Sheffield Court overnight, and
six vehicles remained parked at the same location past the conclusion of the study. Based on such
investigation, staff concludes that the concerns and requests made by Mr. Rose and Mr. Wright have
merit and are viable measures to correct their parking situation.
Staff noted that the single-family home located at the southwestern comer of Sheffield Court and
Melrose Avenue fronted Melrose Avenue; therefore, staff recommends that the portion of Sheffield
Court adjacent to that residence should remain open to general parking. Currently, 37 parallel
parking spaces are available throughout the subject roadway, with 22 parallel parking spaces fronting
single-family homes addressed with Sheffield Court and 15 additional parking spaces not fronting
such residences. If City Council approves the Sa. fety Commission's and staff's recommendation,
thel5 parallel parking spaces will remain available for general parking use, which staff feels is
sufficient for the overnight parking being utilized on Sheffield Court. Therefore, staff recommends
that City Council adopt a resolution, thereby authorizing the installation of 2-hour time limit parking,
in all areas fronting single-family homes on Sheffield Court as listed below, and that permits be
issued for each single-family home to exempt the residents and their guests from the prohibition or
restriction of the resolution.
Page 3, Item !
Meeting Date 11/12/02
Schedule VI - Parking Time Limited on Certain Streets
Two Hour Parking Except Sundays and Public Holidays
Name of Street Beginning At Ending At Side of Street Length of Time
Permitted
Sheffield Court 100' west of 370' west of
South & West 2 Hour
Melrose Avenue Melrose Avenue
Sheffield Court Melrose Avenue 370' west of North & East 2 Hour
Melrose Avenue
FISCAL IMPACT: $400 for signs and markings.
Exhibit: 1. Powerpoint Presentation
2. Letter dated 7/8/2002 (w/o enclosures)
3. Volume Study
&\engineer\aG ENDA\SheffieldA I 13_pcm.doc
EXHIBIT.
Existing
Red Curb
3 Spaces
\ t Space
Existing
Red Curb
EXHIBff'_ ~,.' ,
July 8, 2002
Mr. Ralph R. Leyva, P.E. / ~
Public Works Department, Traffic Engineering
City of Chula Vista
276 Forth Avenue
Chula Vista, CA 91910-2699
Dear Mr. Leyva,
During the last few months the owners of single-family homes along Sheffield Court have attempted
to resolve a parking problem in front of their homes that has existed for a number of years. Residents
and guests of Windsor Heights condominiums, at the end of Sheffield Court, either have inadequate
parking or have chosen not to park within their development and instead have used all the street
parking in front of our homes. The enclosures with this letter will show the current status of parking
along our street.
At this time the Windsor Heights Home Owners Association (WHHOA) is unwilling to work with
single-family homeowners along Sheffield Court to resolve the problem. Therefore, we the
undersigned, request assistance from the City of Chula Vista to provide a solution to the issues
discussed below.
BACKGROUND: The single-family property owners on Sheffield Court are concerned with the
Windsor Height condominium overflow parking in front of our homes.
1. Enclosure 1 is a copy of a letter we sent to the Windsor Heights Home Owners Association
(WHHOA) proposing authorization for their residents to park in the "Guest" parking spaces
on their property. Observation has shown that the reserved parking spaces are under utilized
and are usually empty.
2. Enclosure 2 is a copy of the response from LHL Enterprises, Inc. (LHL). It is our
understanding that LHL Enterprises, Inc. is the manager and advisor for the WHHOA. LHL
states "Parking activities on public streets is the sole domain of the City of Chula Vista." We
concur.
3. Enclosure 3 contains photographs of signs posted at Windsor Heights.
4. Enclosure 4 contains photographs of"Worst Case" daytime street parking on Sheffield
Court.
5. Enclosure 5 contains photographs of the usual overnight parking on Sheffield Court.
SINGLE-RESII)ENT PROPERTY OWNERS CONCERNS:
1. Windsor Heights Overflow parking adjacent to our driveways often makes backing out onto
the street a hazardous and unsafe experience. The parked vehicles can, and frequently do,
obscure the view of oncoming traffic from both directions. As shown in Enclosure 4 and
Enclosure 5, vehicles are often parked over the edge of driveways, blocking them and
making backing out even more difficult.
2. Trash pickup by Pacific Waste Corporation has been complicated for homeowners as fully
explained in Enclosure 1, under PROBLEM.
3. The WHHOA has insured that their Guests will always have a place to park by stating in
their Covenants, Conditions, and Restrictions (CC&R's) that residents are prohibited from
parking in designated "Guest" parking spaces on their property and subject to towing if they
do so. It should be noted that visitors to WHHOA residents are reluctant to park in Guest
spaces because of the signage posted on Windsor Heights property. (See Enclosure 3)
Consequently, Windsor Heights visitors usually occupy the street parking spaces in front of
our homes. Thus, our guests and visitors have no place to park. Sometimes Windsor Heights
overflow vehicles are left parked for a week or more and are technically using the public
street for vehicle storage.
4. We are very concerned about Emergency Vehicle Access to our homes. Our concern
includes Police, Ambulance, and especially the Fire Department. With both sides of the street
parked up, access by large fire vehicles may be difficult.. Overnight parking is a major
problem for us.
REQUEST: We respectfully request City of Chula Vista's assistance towards resolving the issues
outlined above. We suggest that the public portion of Sheffield Court be designated as "Time
Limited Parking" (TLP), Two (2) hours maximum tune. The requested TLP parking zone should be
on both sides of Sheffield Court starting at the intersection of Melrose Avenue to the division of
property between Windsor Park Subdivision and the Windsor Heights Development. It is further
suggested that the two-hour parking limit be applicable twenty-four (24) hours a day, seven days a
week, without specified hours. As part of this suggested solution the single-family homeowners
should be issued parking permits that allow them to park their vehicles along Sheffield Court.
Thank you in advance for your consideration of this request. If you have any questions please
contact James L, Rose~ 427~1007 or Gax3r L. Wright, 420-3529.
Sincerely,
G. L. & S.L. ~'ri"gh't
612 Sheffield Court 613 Sheffield Court
~f~l~Co~~ Bruce & Helene Villman
615 Sheffield Court
617 Sheffield Court
Nina Smith
618 Sheffield Court 620 Sheffield Court
Enclosures
RESOLUTION NO.2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING A 2-HOUR LIMITED
PARKING 1N ALL AREAS FRONTiNG SINGLE-FAMILY
HOMES ADDRESSED WITH SHEFFIELD COURT, AND
AMENDiNG SCHEDULE VI OF THE REGISTER
MAiNTAINED 1N THE OFFICE OF THE CITY ENGINEER
WHEREAS, staff has received a letter from James Rose and Gary Wright, residents
of Sheffield Court, complaining that residents of the Windsor Heights Planned Unit Development
continuously park their vehicles on Sheffield Court; and
WHEREAS, residents of Windsor Heights have inadequate parking within their
complex and park their vehicles on Sheffield Court and in fi'ont of the single-family homes fronting
that roadway, thereby causing safety issues with lack of driveway clearance and creating problems
with the Pacific Waste Corporation automated trash pickup system; and
WHEREAS, the request for the 2-hour parking zone is to discourage the residents of
Windsor Heights from parking their vehicles in front of the single-family homes for the entire day;
and
WHEREAS, upon receiving the request, staff performed field investigations and a
parking study at the subject location and concludes the concerns raised by the residents have merit
and the request for a 2-hour parking zone is a viable measure to correct the parking situation; and
WHEREAS, the Safety Commission, at its meeting of September 12, 2002, voted 5-
0-2), to accept staff's report to recommend to the City Council that the Council pass a resolution
establishing a 2-hour time limited parking in all areas fronting single-family homes addressed with
Sheffield Court.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby establish a 2-hour limited parking in all areas fronting single-family homes
addressed with Sheffield Court and amend Schedule VI of the register maintained in the Office of
the City Engineer as follows:
Schedule VI - Parking Time Limited on Certain Streets
Two Hour Parking Except Sundays and Public Holidays
Name of Street Beginning at Ending at Side Length of Time
Permitted
Sheffield Court 100' west of Melrose 370' west of Melrose South & 2 Hour
Avenue Avenue West
gheffield Court Melrose Avenue 370' west of Melrose North & 2 Hour
Avenue East
1
Presented by
John P. Lippitt
Director of Public Works
j\attorney\reso\Parking Schedule VI
Approved as to form by
~.
£::: ~
City Attorney .
2
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Address
Name
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CV
WINDSOR HEIGHTS HOMEOWNERS ASSOCIATION
600 Sheffield Court
Chula Vista, California 91910
Hearing on the Issue of Safety of Parking On Sheffield Court and the
Proposed 2 hour Restricted Parking to Address Said Safety Issue.
My name is Pat Talese and the past thirty-one (31) years I have resided at
Windsor Heights located on Sheffield Court. The Board of Directors of
Windsor Heights has asked me to speak on their behalf. I want to thank the
Chula Vista City Council affording me this opportunity to address the issue
of whether there is a safety problem with the present open parking of
licensed cars on Sheffield Court, thereby, justifying the city to place a
limited two (2) hour parking restriction.
Sheffield Court is a PUBLIC street and I categorically state the position that
parking on Sheffield Court is no more a safety issue than parking on any
other public street. I state this for the following reasons:
- it is a wide street, approximately forty (40) feet curb to curb;
it has sidewalks on both sides of the street;
it has adequate street lighting;
it is NOT a thru-street but dead ends into the Windsor Heights Complex;
it is NOT a business street but a RESIDENTIAL street with only eight
(8) single-family homes.
The daily traffic using Sheffield Court comprises mostly of those living on
Sheffield Court, i.e., both the residents of the 8 single-family homes and
those of Windsor Heights.
The remaining traffic consist of service vehicles, e.g., mail delivery, trash
pick up, repair/delivery trucks, and parents dropping off their children to use
the stairway to Hilltop High School, which stairway is located on Windsor
Heights property.
The above stated conditions do NOT meet any REASONABLE criteria to
constitute a safety issue --the reason stipulated for the limited parking in the
Safety Commission Agenda Statement.
As a sidebar, also contrary to the Safety Commission Agenda Statement, the
residents of Windsor Heights are not utilizing the entire length of Sheffield
Court. The majority cars using the PUBLIC, RESIDENTIAL street are
parked ADJACENT to the OPEN space along the Windsor Heights property.
Although not relevant to the safety issue of parking on the Sheffield public
street, I would like to address the expected suggestion by some that Windsor
Heights should change their Articles and Bylaws to allow parking in the
guest spaces within the complex. Let it be known, when the contractor, Mr.
Dale Horton, sought a permit to build Windsor Heights, the city government
of Chula Vista required that there be
- two (2) car garage for each dwelling, and
defmite amount of open space with guest parking.
The city gave the reason that because of the narrow confmed space, this
requirement was necessary for access, maneuverability, and egress of
emergency and service vehicles.
Thus, the comparison between Sheffield Court - the city portion and that
portion within Windsor Heights - namely,
- there is a public road versus a private road;
a wide 40 ft. road vs. a narrow, winding 19 ft. road;
sidewalks on both sides vs. no sidewalks;
no necessary city restricted parking vs. a city required restriction of
parking; and MOST IMPORTANT,
NO SAFETY issue vs. a DEFINITE SAFETY issue.
Therefore, again, the facts stipulate that there is no safety reason to restrict
parking on the well-lighted, wide public street of Sheffield Court. And, the
suggestion of the Safety Commission Agenda Statement oflimited two-hour
parking should not be endorsed because Sheffield Court is a residential
street, not a business street. In addition, the Safety Commission Agenda
Statement does not address the alleged safety issue because, if parking were
a safety risk, then any designated time would not be warranted.
Thank you for your attention.
SUPPORTED AND APPROVED BY THE WINDSOR HEIGHTS
HOMEOWNERS ASSOCIATION BOARD OF DIRECTORS.
(Îlll#.L- ¿ ~
Carole Taris, President
~td 'df-
Sue Wright, s~ary
J~~
.
Helene Oliver, Board Member
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 11/12/02
ITEM TITLE: Resolution Approving a Final Map of Chula Vista Tract
No. 01-09, Eastlake III Vistas Phase II VR-9 and VR-11 and accepting on
behalf of the City of Chula Vista the sewer and access easements, all as
granted on said Map within said Subdivision.
SUBMITTED BY: Director of Public Work~J~
REVIEWED BY: City Manager (4/Sths Vote: Yes No X )
On August 14,2001, by Resolution 2001-269, City Council approved the Tentative Subdivision Map
for Chula Vista Tract No. 01-09, Eastlake III Woods and Vistas. The Council will be considering
the approval of a Final Map for the City of Chula Vista Tract No. 01-09,Eastlake III Vistas Phase II
VR-9 and VR-11. Said Map contain a maximum of 172 Condominium units
RECOMMENDATION: That Council adopts the resolution approving the Final Map for the
City of Chula Vista Tract No. 01-09,Eastlake III Vistas Phase II VR-9 and VR-11.
BOARD/COMMISSIONS RECOMMENDATIONS: Not Applicable
DISCUSSION:
The Project is located north of Olympic Parkway and south of Olympic Vista Road within the area
of Eastlake III Vistas. Eastlake III Vistas Phase II VR-9 and VR-11 was previously approved for
Condominium Project containing a maximum of 172 residential units with the Eastlake III Vistas
Phase II Final Map No 14404 lots 726 and 727, which the Council approved along with the
associated Subdivision Improvement Agreement and Supplemental Subdivision Improvement
Agreement on May 28, 2002.
The purpose of this map is for financial purposes only. The Map consists of eighteen numbered lots
and four lettered lots for private streets, general utility purposes, common areas and pedestrian access
to be maintained by the projects Homeowners Association. No change in the number of the
residential condominium units is proposed. All streets within the project are private and will be
maintained by the Homeowners Association.
On October 07, 2002, the Chula Vista Design Review Committee (DRC) approved the Project with
Conditions of Approval (DRC 02~65).
Page ¥3 , Item
Meeting Date 11/12/02
The Final Map has been reviewed by the Planning and Building and Public Works Departments and
found to be in substantial conformance with the approved Tentative Map and DRC Conditions of
Approval. Approval of the Map constitutes acceptance by the City on behalf of the public the sewer
and access easements granted on the Map.
Staff has received bonds from the developer for all on-site street improvements, and the deferred
monumentation for the Final Map required for the approval of this Map. Said bonds will be part
of the construction permit to be issued to the Developer when plans are approved.
ENVIRONMENTAL
The City's Environmental Review Coordinator has reviewed the Final Map and has determined that
it is consistent with the Eastlake III Woods and Vistas Replanning Program Final Subsequent
Environmental Impact Report and First and Second Addendums thereto (F SEIR #01-01) and other
related environmental documents. The Final Map will not result in any new environmental effects
that were not previously identified, nor would the Final Map result in a substantial increase in
severity in any impacts previously identified.
FISCAL IMPACT: None to the City. Developer has paid all costs associated with the proposed
Final Map.
Attachments:
Exhibit 1: Plat - Chula Vista Tract No. 01-09,Eastlake III Vistas Phase II VR-9 and VR- 1 I.
Exhibit 2: Developer's Disclosure Statement
J:\Engineer\aGENDA\EV-005 F A 113.doc
EXHIBIT 1
City of Chula Vista Disclosure Statement EXHIBIT 2
Pursuant to Council Policy 101-01, prior to any action upon matters which will require discretionary action by
the Council, Plarming Commission and all other official bodies of the City, a statement of disclosure of certain
ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must
be filed. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
William Lyon Homes, Inc.
Chula Vista Lot Option, LP
2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals with a $1000 investment in the business (corporation/partnership) entity.
N/a
3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any
person serving as director of the non-profit organization or as trustee or beneficiary or tmstor of the trust.
4. Please identify every person, including any agents, employees, consultants, or independent contractors
you have assigned to represent you before the City in this matter?
Mel Mercado - William Lyon Homes Troy Burns - LUndstrom & Assoc.
Bob Chase/Don Curry - Fuscoe Eng. John Schuller - Edinqer
Perry Cardoza Nuvis
5. Has any person* associated with this contract had any financial dealings with an official** of the City
of Chula Vista as it relates to this contract within the past 12 months. Yes__ No X
If Yes, briefly describe the nature of the financial interest the official** may have in this contract?
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member
of the Chula Vista City Council? No x~_ Yes __ If yes, which Council member?
City of Chula Vista Disclosure Statement
7. Have you or any member of your governing board (i.e. Corporate Board of Directors/Executives,
non-profit Board of Directors made contributions totaling more than $.1,000 over the past four (4) years
to a current member of the Chula Vista City Council? Yes NoX
If Yes, which Council member?
8. Have you provided more than $300 (or an item of equivalent value) to an official** of the City of Chula
Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal
debt, gift, loan, etc.) Yes No ~t~
If Yes, which official** and what was the nature of item provided?
Date: 10 · Z t't ·
rin~ e of Contractor/Applicant
Signature ot Contractor/Applicant ~'--"-'~
?dnt or type n~e of Contractor/Applicant
· Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fratemal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district,
or other political subdivision, -or any other group or combination acting as a unit.
· * Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a
board, commission, or committee of the City, employee, or staffmembers.
J:\ENGIN EER\LANDDEV~FORMS4DFFICIAL\MISC\D1SCLOSURE STATEMENT.DOC
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING FINAL MAP OF CHULA VISTA TRACT NO. 01-
09, EASTLAKE III VISTAS PHASE II VR-9 AND VR-11 AND
ACCEPTiNG ON BEHALF OF THE CITY OF CHULA VISTA THE
SEWER AND ACCESS EASEMENTS, ALL AS GRANTED ON SAID
MAP WITHiN SAID SUBDIVISION
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
hereby finds that certain map survey entitled Chula Vista Tract No. 01-09, EastLake III Vistas Phase II VR-9
and VR-t 1 and more particularly described as follows:
Being a subdivision of Parcel 2 of Parcel Map 19091 of Chula Vista Tract No.
01-09, in the City of Chula Vista, County of San Diego, State of California,
filed in the office of the County Recorder of San Diego County, November 7,
2002 as File No. 2002-0995748 of Official Records:
Area: 15.189 Acres No. of Lots: 22
Numbered Lots: 18 Lettered Lots: 4
is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map
and subdivision of land shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista hereby accepts
on behalf of the City of Chula Vista the sewer and access easements, all as shown on EastLake III Vistas
Phase II VR-9 and VR-11 map within said subdivision.
BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and is hereby
authorized and directed to endorse upon said maps the action of said Council; that said Council has approved
said subdivision map, and that those certain easements as granted on EastLake III Vistas Phase II VR-9 and
VR-11 map within said subdivision are accepted on behalf of the City of Chula Vista as herein above stated,
BE IT FURTHER RESOLVED that City Clerk be and she is hereby directed to transmit said
map to the Clerk of the Board of Supervisors of the County of San Diego.
Presented by Approved as to form by
John P. Lippitt John i~[. ~ffheny
Director of Public Works City Attorney
JSAttorney\Reso\EL I11 Vistas VR9 VR11
COUNCIL AGENDA STATEMENT
Item: ~
Meeting Date: l 1/12/02
ITEM TITLE: Resolution Approving the Poggi Canyon Pumped Sewer
Agreement between the City of Chula Vista and Eastlake Company LLC and
authorizing the Mayor to execute said agreement on behalf of the City.
Resolution Appropriating $80,418 from the available
balance in the Telegraph Canyon Sewer Pumped Flows DIF fund for the
reimbursement of costs pertaining to the preparation of the studies required
for the establishment of the Pumped Sewer DIF and to the construction of
certain sewer improvements needed to convey pumped flows.
/
SUBMITTED BY: Director of Public Worksz~
REVIEWED BY: City Manager 6~!,c /(¢~ (4/Sths Vote: Yes X No )
Approval of the proposed agreement will constitute full satisfaction of Conditions 86, 87, 88, and 89
of the Eastlake III Woods and Vistas Tentative Map approved by Council Resolution No. 2001-269
and of the requirements of Section 10 of the Master Development Agreement for the same project
approved by Council Resolution No. 2002-090. In addition, the agreement contains provisions that
will bring all developed pamels within the Eastlake Development (i.e., Greens, Trails, Vistas, and the
Woods) and the Olympic Training Center in full compliance with the requirements of the Pumped
Sewer DIF, approved by Council in a previous item of tonight's agenda. Tonight, Council will be
also considering appropriating $80,418 from the Telegraph Canyon Sewer Pumped DIF fund for
reimbursing certain funds advanced by Eastlake for the preparation of the studies required for
establishing said Pumped Sewer DIF and for the construction of certain sewer improvements needed
to convey pumped flows.
RECOMMENDATION: That Council:
I. Approve the resolution approving the Poggi Canyon Pumped Sewer Agreement and
authorizing the Mayor to execute said agreement on behalf of the City, and
2. Approve the resolution appropriating $80,418 from the available balance in the
Telegraph Canyon Sewer Pumped DIF fund for the reimbursement of costs advanced by
Eastlake for the preparation of the studies required for the establishment of the Pumped
Sewer DIF and for the construction of certain sewer improvements needed to convey
pumped flows.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
Page 2, Item: C~
Meeting Date: 11/12/02
DISCUSSION:
Poggi Canyon Pumped Sewer Agreement
The proposed Poggi Canyon Pumped Sewer Agreement ("Agreement" would accomplish the
following:
1. Requires Eastlake to provide for the monitoring of the sewage inflows to the Olympic
Parkway Pump Station. The agreement also obligates Eastlake to upgrade said pump station
once certain pump station sewage inflows thresholds are reached.
2. Requires Eastlake to remove the Otay Lakes Road and Olympic Parkway Pump Stations
once the Salt Creek Sewer Interceptor is fully operational. The Agreement also requires
Eastlake to provide sufficient security guaranteeing said removal operations.
3. Requires Eastlake to advance additional funding for preparing additional studies that may be
needed for future updates of the Pumped Sewer DIF.
4. Establish the following limit for EDUs proposed for pumping to the Poggi Canyon or
Telegraph Canyon Sewer Trunks: Flows from no more than 5,010 EDUs shall be pumped to
the Poggi Canyon Sewer. In addition, Eastlake agrees that those mapped EDUs located
within those areas of Eastlake III already conveyed to merchant builders shall be counted
towards the aforementioned thresholds.
5. Requires Eastlake to replace the existing letters of credits ("LOCs') previously submitted,
pursuant to the Telegraph Canyon Sewer Pumped Flows DIF Ordinance No 2582, with new
LOCs in the lower amounts required by the Pumped Sewer DIF. New LOCs would be
submitted for developed parcels within the Eastlake Development located within the Pumped
Sewer DIF Area of Benefit (i.e., Greens, Trails, Vistas, and Woods), and the Olympic
Training Center.
6. Acknowledges that approval of this Agreement constitute full satisfaction of Conditions 86,
87, 88, and 89 of the Eastlake III Tentative Map (see Exhibit 1), and Section 10 of the Master
Development Agreement for the Eastlake III project (see Exhibit 2).
7. Authorizes the reimbursement to Eastlake from the available balance of the Telegraph
Canyon Sewer Pumped Flows DIF fund of certain monies advanced by Eastlake for the
following:
a.' Preparation of the Poggi Canyon Sewer Basin Plan Update and Pumped Flow
Analysis report in the amount of $57,271.
b. Preparation o fthe Pumped Sewer Development Impact Fee Engineering Study in the
amount of $13,059.
c. Construction of improvements to the Poggi Canyon Sewer needed to convey pumped
sewer flows in the amount of $10,088.
The Pumped Sewer DIF authorizes the expenditure of funds collected with the Telegraph
Canyon Sewer Pumped Flows DIF for financing studies, construction of improvements, and
monitoring of the Telegraph Canyon Trunk Sewer and the Poggi Canyon Basin Interceptor.
The proposed agreement has been reviewed by staff and is ready for Council approval. The City
Attorney has already approved the agreement as to form.
Page 3, Item: ~
Meeting Date: 11/12/02
Appropriations from the Telegraph Canyon Sewer Pumped DIF fund
By approving the proposed second resolution, Council would appropriate $80,418 fi.om the available
balance of the Telegraph Canyon Sewer Pumped Flows DIF fund (Fund// 543) for reimbursing
Eastlake the funds advanced for 1) the preparation of the "Poggi Canyon Sewer Basin Plan Update
and Pumped Flow Analysis Report" prepared by PBS&J and dated May 2002, 2) the preparation of
the "Pumped Sewer Development Impact Fee Engineering Study" prepared by PBS&J and dated
September 2002, and 3) oversizing of 2,522 feet of the Poggi Canyon Sewer needed to convey
pumped flows. The abovementioned studies provided the engineering and financial analysis
required to establish the Pumped Sewer DIF (approved by Council in a previous item of tonight's
agenda). This appropriation is based on the audited total cost of preparing said studies and
construction of the sewer oversizing improvements.
FISCAL IMPACT: The balance of Telegraph Canyon Sewer Pumped Flows DIF fund (Fund #
543) is $347,003 (as of July 1, 2002). The remaining fund balance of $266,585, after reimbursing
the proposed appropriation of $80,418, may be used to fund additional studies, construction of
improvements, and monitoring of the Telegraph Canyon Trunk Sewer and the Poggi Canyon Basin
Interceptor.
ATTACHMENTS: 1) Conditions 86.87, 88, and 89 of the Eastlake 11I Woods and Vistas TM
2) Section 10 of Master Developer Agreement for Eastlake III Woods and Vistas
LDT
J:\Engineer\LANDDEV\Projects\Eastlake IIIXA 113 Poggi Canyon Sewer Agreement.doc
EXHIBIT 1
COnditions 86, 87, 88, and 89 of Eastlake III Woods and Vistas TM
86. Prior tO . .aFproval of any fin~] map or any other .m-ant of approval for any improvement
proposing lo pump .EastLake III sewage flows to the Telegraph Canyon and/or Pog.~'
Canyon sewer lxunks, the Developer sh~ll accomplish the following:
Comply Mth all the requirements of. Council Policy No. 570-03 ("Sew~e Pump
Station Financing Policy).
b. Enter into an a~eement to consmact and secure the consmaction, in accordance
with Section 18.16.220 of the Municipal Code, of those improvements required to
accomplishing th, e following: '
i. Conslracfian of pump station improvc-ments and associated facilities
necessary to pump sewage flows to the Telegraph Canyon and/or sewer
trunks.
ii. Removal of any existing, new, and/or modified pump stations and
associated improvements, to the satisfaction of the City Engineer, upon
completion of the Salt Creek Sewer Interceptor.
iii. Connection of the Project by gravity to the Salt Creek Sewer Interceptor,
to the satiffaction of the City Engineer, upon completion of the Salt Creek
Sewer Interceptor. ' ·
iv. The amount of the security for the above noted improvements shall be
~-,~ ~.~ v~, us= ~lry, l:)O~o o~the approved
cost es6m~ if improvement pln~ are be/ng processed by the City or
200% of the conslruction cost estimate approved by the City Engineer if
.. improvement plans have-not been submilted for City r~view. A ]~er
pexc~ntage may be required if it is demonstratecl, ~o the sal/sfaztion of the
City Engineer, that sufficient data or other information is ava/lable to
warrant such reductior~ (En~eering)
¢- Pro~Sd¢ funding for the pr~arafion of all the studies and reports requimt ~o
su~.. or~ the add/tion of pumped s~,age flows ~o the Telegraph Canyon and/or
Pog~ Canyon sewer l:runks, as determined by the City Engineer. ('~,nginoering)
Prior ~o apzn-oval of any l~al map or any other grant of approval for any inlprovement
proposing ~o pump EastT~ke ~f sewage flows ~o the Tele_~,raph Canyon and/or Poggi
Canyon s~,er u-unks, the City En~,ineer, at his/her sole discretion, shall determine the
needed
~)-t~nt of imvroveme~ts for pumping EastLake ]Ti sewage flows consistealt with:
the r~qu~rernents of Council Policy No. $?0-03; 2) the Preliminary Offsite Sewer
Study for F~tT ~1'e ITl px~ared by'John Powell & Associaies Inc. dated November 2000
and rev/sed 2anuary 3, 2001 (refer to Al~ehment ! of FSEIR 01-01); and 3) the City
Memorandum dated February 19, 2001 (sec Attachment I of S~bsequent ~ 01-01).
Flows fi'om no more than 1,610 Equivalent Dwelling Units shall be pumped ~o Telegraph
Canyon andy'or Poggi Canyon, as described in tho Preliminary Off-rite Sower Study for
aastI e Tn.
BB. P~or to .appmvil of the ftrst ~.1 map or mz7 other ~t of ~v~
~prov~u p~po~ to p~p ~e ~ s~,a~= fio~'s to ~e Po~ C~yon s~
~ ~ D~,~op~ ~ ~compH~ ~ ~ollo~n~:
Provide ~e n~css~ ~n~ ~ ~ ~o~t d~t~in~ by ~e Ci~ ~,
for es~bH~g ~e Pog~ C~yon P~p~ S~ Developm~t ~p~t F~ or
~5, o~ ~g mech~ ~. dm~in~ by ~e Ci~ ~e~. S~d
D~v~lopm~t ~p~t Poe, or ~g m~an~ ~1 be pr~e~ ~ ~t~ by
~ Ci~ ~nc~, ~d approv~ by Co,oil.
b. Pro,fide ~c ncccss~ ~ding for ~pl~g a Pog~ C~yon
monitoring pro~, ~ dctc~in~ by ~c Ci~ Eng~.
89. ~or to ~pmv~ of~e ~ ~ map, D~velop~.~ a~ee to ~ct
~ce ~ S~fion 18.16.~0 of~c ~a ~a M~cipM C~ ~ Pog~ C~yon .
S~ ~v~m set fo~ ~ Section 4.4.8.6 of ~e P~ ~d~ ~bs~fion
"Capaci~ of Pog~ C~yon T~ S~g" in acco~cc ~ ~e ~ ~ s~ fo~
~ ~ ad~fio~ ~ DevMop~ shill ac~owl~gc ~d a~e ~m
~y ~d ~ Po~ C~yon ~c~ol~ set fo~ ~ s~d scion of~ P~, if hff~
dct~ at M~ sole ~fio~ ~t ~c ~U ~pfion of ~-b~ ~ flows
~ ~ch ~ ~fio~ p~ped flow~ b~yond what is-id~fifi~ ~
P~, ~ be ~commo~t~ ~ ~d~c~ by mo~to~
~e ~o~t of ~c sec~ for ~c ~ove not~ ~mv~ ~
~cfion cost ~ approv~ by ~ Ci~ ~, ~ ~pmv~t p~ ~ve
b~ ~v~ by ~ Ci~ 150% of~c ~pmv~ ~m ~m~, ~v~t pl~
b~g pmc~cd by ~c Ci~, or 200% of ~c co~ua~on co~ ~m~ ~pmv~ by
Ci~ ~, if ~pmv~t p)~n~ ~ve not b~ ~b~ for Ci~ ~. A
p~ may b~ r~ if it is d~o~ to ~e ~s~on of~ Ci~ ~,
~m ~t da,~ or o~ ~o~on. is av~l~lc to w~t ~ch r~ucfiom
~~)
EXHIBIT 2
Section 10 of Master Developer Agreement for Eastlake III Woods and Vistas
10.
satisfact~on of Conditxon 86, 87, 88, and 89 of the
Resolution, Developer hereby a~rees to the following=
a. ~=i Canyon ~- - ~ ..... '
w~ ~=- -. =~ ~eement ("Poooi ~=~-.~ ~ .... ' t ueveloper shall
~..=__.~. - --- -*~er zor Deve~ ..... - .~-=~
=~=~l=~es (hereinafter c~- ~ .'~=~ u~ accompllsh the loll
Sewer Obligations.3 u~uc=lvely re=e~ed to a~ .~--=
i. C0nst~ction of ~mp i '
.... associated facilities station ~rovements ~d
necessa~ to P~o Sewaom
flows tO the Poggi Canyon Sewer T~.
ii. Removal of the Otay L~es Road ~d Ol~pic Par~ay
Sewer p~p stations ~d associated i~rovements.
iii. Cogst~ction of the ~avity
Salt Creek Interceptor upon completig~- to the
~eek ~'~' the Salt
Interceptor.
iv. Const~ction of upgrades to P~gi C~yon Sewer
T~ needed to ac~odate Eastl~e III pu~ed
sewer flows.
v. Financin~ of the fo~ation of the
Sewer Development Impact Fee or 'C~n
mech~sm as d~redted bv th= -=-- _ o~her f~ding
vi. Pin~cing of the implementation of a P~i~ C~yon
Sewer Monitorin~ Pro,am.
vll. Const~ction of the Po~gi C~yon Sewer Obli~a~ioms
shall ~ pursuit to Co~cil Policy No. 5--
Section 18.16.220 of ·
the M~cipal . Code,
Section 4.4.8.6 of the PFFP for the ~o]ec=.
Developer further a~ees that the C'
sole discretlon e~end the Co~le~ ~gineer may at ~s/her
Date for no more
120 days provided Developer is diligently P~suing co~letton
of the P~i C~yon ~mped Sewer A~eem~t.
b. ~r~ f~ ~ i Can on Sew~ Obli ati~. Developer
her~y a~ees to'the following:
and from ~ enti . ......... cre~t ~ a fo
t~ -~uv=u Dy the tit,, ~-i-
z ~ neet'
and the City Atto~eyf to ~ar~te6 the pa~ent, of
~terials ~d l~or an co~ect~on wiuh the ~o~i
C~yon Sewer Obligations.
~Y e~end said S4~l=y ~9osi= for' os --
fln~cln~ the p~-- ~ ........... P~ es of
acc~o~at e Pro4 ecu pumped sewer flows. In
addation, Developers, a~ees to pay to =he City
difference ~=we~ the to=al cos~-in~ed by
City ~o perfo~ such P~i C~yon Sewer
Obligations and any proceeds f~m the Security
D~posi=. All in=eresu ea~in~s on =h~ Security
Deposit shall be reuain~d by =he Ciuy d~in~
period d~=e~ined necessa~ by .the City En~in~%r
to comple=~ =he P~i C~yon Sewer Obligations.
~Y une~enOed amo~ of =he Security
including ~y interest ea~ed, shall be released
and remitted to Developer upon Completion of the
Po~gi C~yon Sewer Obligations set forth in this
Agreement.
iii. In th~ event that the Po~i .C~ Sewer
Obligations are reduced or th~ Securlty Deposit, ~s
replaced by ~other securlt
=-- ~u=Su, a reduct%on
in the amour of the Sec~ity Deposit. The City,
shall no= ~reason~ly wit~old approval of such
re~es~ provided however that' the Po~i C~yon
Sewer Obligations are ade~ately sec~ed as
deter~ned by the City ~gineer at his/her sole
discretion.
C.
hereby aC~owledges ~d a-re ...... er T~nk.
b~!ding Pe~ts for the ~roject~ for n~ more th~ 161 E~ivalen=
~ =~ una= the City may issue
~elling Units (EDUs) proposing to deposi~ Pu~ed sewer flows
into the Telegraph C~yon Sewer T~. In addition, Developer
a~ees ~hat the City ~ineer ~y issue
Pe~ts (~yond 161 EDUs) if he/she additiQnal
discretion tha~ ade~ate dete~nes at ~s/her sole.
Sewer ~ capacity exists in the Tele~aph C~yon
~,~cc~~ate ad~tional DUmped flows -
Developer is ~l~ly PrOceeding with ~he Pre atari ~d =ha~
P~i C~yo~ ~pe~'Sewer ~ ....... ~ _ -- P on of ~h~
C~yon ~ewer.0bligations. A= .... =~= =nu perzo~ance of its Po~i
~d/or stu~es ,~--.a_ ~ . ~e zor. the tena · ~ tha~
flow · -~=eu =o su o P =. ~tlon of ~11 re o~s
s to the Po==~ ~- _ PP ~. the ad~t - -=
-~- -~yon Sewe =o~ u~ pU~e~ se
Sewer ~ as dete~ined by the City Engineer.- ~=~=~P~ Canyon
RESOLUTION NO. 2002 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE POGGI CANYON PUMPED SEWER
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
EASTLAKE COMPANY LLC, AND AUTHORIZiNG THE MAYOR TO
EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY
WHEREAS, the Poggi Canyon Pumped Sewer Agreement will constitute full
satisfaction of Conditions 86, 87, 88, and 89 of the Eastlake III Woods and Vistas Tentative Map
approved by Council Resolution No. 2001-269 and of the requirements of Section 10 of the
Master Development Agreement for the same project approved by Council Resolution No. 2002-
090; and
WHEREAS, the Agreement will bring all developed parcels within the Eastlake
Development (i.e., Greens, Trails, Vistas, and the Woods) and the Olympic Training Center in
full compliance with the requirements of the Pumped Sewer DIF.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby approve the Poggi Canyon Pumped Sewer Agreement between the City
of Chula Vista and Eastlake Company, LLC, a copy of which shall be kept on file in the office of
the City Clerk.
BE IT FURTHER RESOLVED that the City Council of the City of Chuta Vista
does hereby authorize the Mayor of the City of Chula Vista to execute said Agreement on behalf
of the City of Chula Vista.
Presented by: Approved as to form:
John P. Lippitt J~o~ t~.~/.
Director of Public Works City Attorney
J:\Artorney\RESO\Poggi Canyon Pumped Sewer Agreement
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
ffffJ~n ~. I~aheny ~
City Attorney
Dated: /(/-- ~ -~:9 2--
Poggi Canyon Pumped Sewer Agreement
between the City of Chula Vista and
Eastlake Company LLC
RECORDING REQUEST BY:
City Clerk
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Above Space for Recorder's Use
POGGI CAi~YON PUMPED SEWER AGREEMENT FOR
EASTLAKE III WOODS AND VISTAS, CHULA VISTA TRACT NO. 01-09
This Agreement ("Agreement") is made this day of
, 2002, by and between THE CITY OF CHULA VISTA,
California ("City") and the signators of this Agreement, EASTLAKE
COMPANY LLC, a California Limited Liability Corporation
("Developer,, or "Owner"), with reference to the facts set forth
below, which recitals constitute a part of this Agreement:
RECITALS
A. This Agreement concerns and affects certain real
property located in Chula Vista, California, more particularly
described on Exhibit "A" attached hereto and incorporated herein
{"Property"). The Property is a portion of approved Tentative
Subdivision Map Chula Vista Tract 01-09 Eastlake III Woods and
Vistas. For purposes of this Agreement the term "Project" shall
also mean "Property".
B. "Owner" or "Developer" means the person, persons or
entity having a legal or an equitable interest in the property or
parts thereof and includes Owner's successors-in-interest and
assigns of any property within the boundaries of the Property.
C. Developer and/or Developer's predecessor in interest
has applied for and the City has approved Tentative Subdivision
Map commonly referred to as Chula Vista Tract 01-09 ("Tentative
Subdivision Map" or "Tentative Map") for the subdivision of the
Eastlake III Woods and Vistas project.
D. The City has adopted Resolution No. 2001-269
("Resolution") and Resolution No. 2001-375 pursuant to which it
has approved the Tentative Subdivision Map subject to certain
conditions as more particularly described in the Resolution.
E. Conditions of approval No. 86, 87, 88, and 89 of the
Resolution requires Developer to comply with certain requirements
as a condition precedent to allow Project to pump sewer flows into
the Poggi Canyon and/or Telegraph Canyon Sewer Trunks (see Exhibit
B).
F. On April 9, 2002, by Council Resolution No. 2002-090,
City approved a Master Development Agreement for Eastlake III
Woods and Vistas, Chula Vista Tract No. 01-09 ("Master Developer
Agreement"). Section 10 of the Master Developer Agreement
requires Developer to perform certain Poggi Canyon Sewer
Obligations required by Conditions 86, 87, 88, and 89 of the
Resolution.
G. Pursuant to Ordinance No. 2582 that established the
Telegraph Canyon Sewer Pumped Flows Development Impact Fee,
Developer has deposited with the City letters of credit and cash
deposits to meet its development impact fees obligations.
H. On , by Ordinance No. and
Urgency Ordinance No. , Council amended Ordinance No.
2582 by changing the name of the Telegraph Canyon Sewer Pumped
Flows Development Impact Fee to Pumped Sewer Development Impact
Fee ("Pumped Sewer DIF") and adding the Poggi Canyon Basin Sewer
Interceptor as one of the facilities financed by the Development
Impact Fee.
I. Developer has requested that City authorizes the
reimbursement from the Telegraph Canyon Sewer Pumped Flows DIF of
certain funds advanced by Developer to finance: 1) certain sewer
studies needed to establish the Pumped Sewer DIF, and 2)
oversizing of a certain portion of the Poggi Canyon Sewer
Interceptor needed to accommodate proposed pumped sewer flows.
NOW, THEREFORE, in exchange for the mutual covenants, terms
and conditions herein contained, the parties agree as set forth
below.
1. Defined Terms. The following defined terms shall have the
meaning set forth herein, unless otherwise specifically indicated:
a. "Complete Construction" shall mean that the
construction of the improvements have been completed and have
been inspected and accepted by the City.
2
b. "FSEIR # 01-01" means the Final Subsequent
Environmental Impact Report # 01-01 for Eastlake III Woods
and Vistas Replanning Program and first and second addenda
thereto.
c. "PFFP" means the Eastlake III Woods & Vistas
Public Facilities Finance Plan adopted by Resolution No.
2001-220, and as may be further amended from time to time.
2. Agreement Applicable to Subsequent Owners.
a. Agreement Binding Upon Successors. This Agreement shall
be binding upon and inure to the benefit of the successors,
assigns and interests of the parties as to any or all of the
Property as described on Exhibit "A" until released by the mutual
consent of the parties.
b. Agreement Runs with the Land. The burden of the
covenants contained in this Agreement ("Burden") is for the
benefit of the Property and the City, its successors and assigns
and any successor in interest thereto. City is deemed the
beneficiary of such covenants for and in its own right and for the
purposes of protecting the interest of the community and other
parties public or private, in whose favor and for whose benefit of
such covenants running with the land have been provided without
regard to whether City has been, remained or are owners of any
particular land or interest therein. If such covenants are
breached, the City shall have the right to exercise all rights and
remedies and to maintain any actions or suits at law or in equity
or other proper proceedings to enforce the curing of such breach
to which it or any other beneficiaries of this agreement and the
covenants may be entitled.
3. Condition No. 86 - In satisfaction of Condition 86 of the
Resolution, Developer hereby agree~ to the following:
a. Council Policy No. 570-03 (Condition No. 86.a).
Developer hereby agrees to comply with all the
requirements of City Council Policy No. 570-03.
b. Improvement Work. Developer hereby agrees to the
following:
i. Olympic Parkway Pump Station Upgrade (Condition
No. 86.b.i):
1. Pump Station Monitorinq Proqram. Developer
shall, at its sole expense, enter into a
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contract with a company acceptable to the
City Engineer for performing a monitoring
program of the sewage inflows to the Olympic
Parkway Pump Station on a monthly basis
("Pump Monitoring Program") commencing
November 2002 and ending with monitoring for
the month of December 2005 unless otherwise
determined by the City Engineer. In
addition, Developer agrees to provide a
written report of the Pump Monitoring Program
findings to the City Engineer within one week
of performing each monthly monitoring
operation.
2. Improvement Work. Developer agrees to
construct, at its sole expense, all the
Olympic Parkway pump station improvements and
associated facilities necessary to pump
Project sewage flows to the Poggi Canyon
Sewer Trunk ("Pump Station Upgrading") in
strict conformity and in accordance with
plans and specifications approved by the City
Engineer. It is expressly understood and
agreed to by the Developer that, in the
performance of the construction of said Pump
Station Upgrading, Developer shall conform to
and abide by all the provisions of the
ordinances, standards, and policies of the
City of Chula Vista, the laws of the state of
California and federal law as applicable to
said work.
Developer hereby agrees that the Pump Station
Upgrading shall commence when the sewage pump
inflows to the Olympic Parkway Pump Station
equals 1300 GPM as determined by the Pump
Monitoring Program. Developer shall complete
construction of the Pump Station Upgrading
not later than nine (9) months from receiving
a written notice to proceed from the City
Engineer. In addition, Developer agrees that
the City Engineer shall not issue building
permits for any residential and/or non-
residential building that will cause the pump
sewage inflows to the Olympic Parkway Pump
Station to exceed 1595 GPM as determined by
the Pump Monitoring Program until Developer
completes the Pump Station Upgrading to the
satisfaction of the City Engineer.
ii. Otay Lakes Road and Olympic Parkway Sewer Pump
Stations Removal (Condition No. 86.b.ii).
1. ImDrovement Work. Developer agrees to
remove, at no cost to the City, the Otay
Lakes Road and Olympic Parkway Sewer Pump
Stations (hereinafter collectively referred
to as "Pump Stations Removal") in strict
conformity and in accordance with plans and
specifications approved by the City Engineer.
Developer shall complete the Pump Stations
Removal not later that one (1) year from
receiving a written notice to proceed from
the City Engineer. It is expressly
understood and agreed to by the Developer
that, in the performance of said Pump
Stations Removal, Developer shall conform to
and abide by all the provisions of the
ordinances, standards, and policies of the
City of Chula Vista, the laws of the state of
California and federal law as applicable to
said work.
2. Security for PumD Stations Removal.
Concurrent with the execution of this
agreement, Developer agrees to furnish and
deliver to the City approved improvement
security, from a sufficient security whose
sufficiency has been approved by the City, in
the amount set forth in Exhibit "C" of this
Agreement, which security shall guarantee the
faithful performance and materials and labor
for the Pump Stations Removal by Developer.
3. DIF Credits. City hereby agrees that
Developer may seek reimbursement for the cost
of the Pump Stations Removal in accordance
with the provisions of the Salt Creek Sewer
Interceptor Development Impact Fee
established by Ordinance No. 2617 as may be
amended from time to time.
iii. Connection by Gravity to Salt Creek Sewer
Interceptor (Condition No. 86.b.iii). The City
hereby acknowledges and agrees that the
construction of the required improvements for
connecting by gravity to the Salt Creek Sewer
5
Interceptor have been completed to the
satisfaction of the City Engineer.
c. Additional Studies (Condition No. 86.c). Developer
hereby agrees to provide additional monies in the
amount required by the City Engineer ("Additional
Studies Funding") for funding the preparation of
additional studies and/or reports ("Additional
Studies") if it is determined by the City Engineer, at
his/her sole discretion, that the assumptions of the
Pumped Sewer Development Impact Fee Engineering Study
prepared by PBS&J and dated September 2002 have
materially changed necessitating the preparation of
such Additional Studies. Developer may request
reimbursement of said Additional Studies Funding in
accordance with the provisions of the Pumped Sewer DIF
program.
4. Condition 87 In compliance with condition No. 87 of the
Resolution, City and Developer agrees to the following:
a. City hereby acknowledges and agrees that Developer has
complied with the requirements of Condition No. 87 of
the Resolution. The City Engineer has concluded that
the extent of the improvements needed to pump Eastlake
III sewage flows into the Poggi Canyon Basin, as
presented in the report entitled The Poggi Canyon Basin
Update prepared by PBS&J and dated may 2002, has been
determined in accordance with the requirements of the
following documents:
i. Council Policy No. 570-03
ii. Preliminary 0ffsite Sewer Study prepared by John
Powell & Associates Inc. Dated November 2000 and
revised January 3, 2001 (Attachment I of FSEIR #
01-01).
iii. City Memorandum dated February 19, 2001
(Attachment I of FSEIR # 01-01) .
b. Developer hereby agrees that flows from no more than
1610 Equivalent Dwelling Units within the area covered
by the Tentative Map shall be pumped to the Telegraph
and/or Poggi Canyon Sewer Trunks as determined in the
Preliminary Off-site sewer study for Eastlake III
(Attachment I of FSEIR 01-01).
5. Condition 88 In satisfaction of Condition No. 88 of the
Resolution, the Parties hereby agrees as follows:
6
a. Pumped Sewer DIF' (Condition No. 88.a). City hereby
acknowledges and agrees that Developer has complied
with the provisions of Condition No. 88.a of the
Resolution. Developer has already provided funding
("Advanced Funding") in the amounts deemed necessary by
the City Engineer for accomplishing the following:
i. Preparation of report entitled The Poggi Canyon
Sewer Basin Plan Update and Pumped Flow Analysis
in the amount of $57,271
ii. Preparation of the Pumped Sewer Development Impact
Fee Engineering Study Poggi Canyon DIF in the
amount of $13,059.
b. Poggi Canyon Sewer Monitoring Program (Condition No.
88.b). City hereby acknowledges and agrees that
Developer shall not provide any advanced funding for
the implementation of the Poggi Canyon Sewer monitoring
program.
6. Condition 89 City hereby acknowledges and agrees that
Developer has complied with the provisions of Condition 89 of the
Resolution and Section 4.4.8.6 of the PFFP.
7. Sewer Oversizin~. City hereby acknowledges and agrees that
Developer has provided funding, in the amount of $10,088
("Oversizing Funding", for the oversizing of 2,522 feet of the
Poggi Canyon Sewer located between East Palomar Street and the
future alignment of SR 125 in order to accommodate anticipated
pumped sewer flows.
8. Total Allowable Pumped Flows. Developer hereby acknowledges
and agrees to the following:
a. That flows from no more than 5,010 Equivalent Dwelling
Units ("EDUs")within the Pumped Sewer DIF Area of
Benefit shall be pumped to the Poggi Canyon Sewer Trunk
as determined by the Poggi Canyon Sewer Basin Plan
Update and Pumped Flow Analysis prepared by PBS&J and
dated May 2002. In addition, Developer hereby agrees
and acknowledges that all those mapped EDUs located
within Eastlake III and recorded prior to the date of
this agreement, shall be counted towards the above-
mentioned 5,010 EDUs threshold.
9. Letters of Credit Within thirty (30) days of the City
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Council approval of this Agreement, Developer hereby agrees to
submit to City letters of credit in a form acceptable to the City
and in the amounts determined sufficient by the City Engineer, in
his/her sole discretion, to cover the Pumped Sewer DIF
Obligations for those residential and non-residential parcels of
the Eastlake Greens, Eastlake Trails, and Eastlake III projects.
Upon receiving said letters of credit, City will return to
Developer all letter of credits previously posted by Developer to
meet the requirements of the Telegraph Canyon Sewer Pumped Flows
Development Impact Fee pursuant to Ordinance No. 2582.
10. Cash deposits in Telegraph Canyon DIF Fund - The Parties
hereby agree to apply the cash balance in the Telegraph Canyon
Sewer Pumped Flows DIF Fund (Fund # 543) until such funds are
depleted, in accordance with the following order of priority:
Priority 1) Satisfy the Pumped Sewer DIP obligations, in the
amounts determined sufficient by the City Engineer,
for those existing residential and nonresidential
parcels of the Eastlake Greens, Eastlake Trails,
Eastlake III, and Olympic Training Center projects,
to the satisfaction of the City Engineer.
Priority 2) Upon City.'s determination that Developer has met all
reimbursement criteria as set forth in the Pumped
Sewer DIF Ordinance, reimburse Developer for: a) the
Advanced Funding provided by Developer for funding
the preparation of reports as outlined in Section 5
(Items "a" and "b") of this Agreement, and b) the
Oversizing Funding provided by Developer to increase
the size of certain portions of the Poggi Canyon
Sewer Interceptor to accommodate pumped sewer flows
as outlined in Section 7 of this Agreement.
Priority 3 Pay for the cost of improvements being made to the
Telegraph Canyon Sewer and/or the Poggi Canyon Sewer
due to the addition of pumped sewer flows as
determined by the City Engineer.
11. Release of Cash Security Deposit. City agrees that
upon the City Engineer's determination, in his/her sole
discretion, that Developer has submitted sufficient security in
the form of letters of credit and/or cash deposits to comply with
the Pumped Sewer DIF obligations for those residential and non-
residential parcels of the Eastlake Greens, Eastlake Trails,
Eastlake III, and Olympic Training Center projects located within
the benefit area of the Pumped Sewer DIF, City shall release to
Developer the cash security deposit in the amount of $2,283,400
(together with any applicable interest earnings) which was
required by Section 10 of the Master Developer Agreement.
12. Satisfaction of Conditions. City agrees that the
execution of this Agreement constitutes full satisfaction of
Developer's obligation of Condition Nos. 86, 87, 88, and 89 of
Resolution 2001-269 and the requirements of Section 10 of the
Master Developer Agreement. Developer further acknowledges and
agrees that the some of the provisions herein may be required to
be performed or accomplished prior to the approval of subsequent
final maps and/or building permits for the Project, as may be
appropriate.
13. Unfulfilled Conditions. Developer hereby agrees,
unless otherwise conditioned, that Developer shall comply with
all unfulfilled conditions of approval of the Tentative Map,
established by Resolution No. 2001-269 and Resolution No. 2001-
375 and shall remain in compliance with and implement the terms,
conditions and provisions therein.
1%. Previous Agreements. Developer hereby agrees to comply
with all previous agreements as they pertain to the Project.
15. Building Permits. Developer understand and agree that
the City may withhold the issuance of building permits for the
Project, should the Developer be determined by the City to be in
breach of any of the terms of this Agreement. The City shall
provide the Developer of notice of such determination and allow
the Developer reasonable time to cure said breach.
16. Miscellaneous.
a. Notices. Unless otherwise provided in this
Agreement or by law, any and all notices required or
permitted by this Agreement or by law to be served on or
delivered to either party shall be in writing and shall be
deemed duly served, delivered, and received when personally
delivered to the party to whom it is directed, or in lieu
thereof, when three (3) business days have elapsed following
deposit in the U.S. mail, certified or registered mail,
return ' receipt requested, first-class postage prepaid,
addressed to the address indicated in this Agreement. A
party may change such address for the purpose of this
paragraph by giving written notice of such change to the
other party.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA. 91910
Attn: Director of Public Works
DEVELOPER:
Eastlake Company, LLC
900 Lane Avenue, Suite 100
Chula Vista, CA 91914
Attn: Guy Asaro, Vice President
Tel: (619) 421-0127
A party may change such address ~or the purpose of this
paragraph by giving written notice of such change to the
other party in the manner provided in this paragraph.
b. Captions. Captions in this Agreement are inserted
for convenience of reference and do not define, describe or
limit the scope or intent of this Agreement or any of its
terms.
c. Entire Agreement. This Agreement contains the
entire agreement between the parties regarding the subject
matter hereof. Any prior oral or written representations,
agreements, understandings, and/or statements shall be of no
force and effect. This Agreement is not intended to
supersede or amend any other agreement between the parties
unless expressly noted.
d. Preparation of Agreement. No inference, assumption
or presumption shall be drawn from the fact that a party or
his attorney prepared and/or drafted this Agreement. It
shall be conclusively presumed that both parties participated
equally in the preparation and/or drafting this Agreement.
e. Recitals; Attachments. Any recitals set forth above
and exhibits attached hereto set forth above are incorporated
by reference into this Agreement.
f. Attorneys, Fees. If~ either party commences
litigation for the judicial interpretation, reformation,
enforcement or rescission hereof, the prevailing party will
be entitled to a judgment against the other for an amount
equal to reasonable attorney's fees and court costs incurred.
The "prevailing party" shall be deemed to be the party who is
awarded substantially the relief sought.
[NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES]
10
[PAGE TWO OF TWO SIG~NATU~E PAGES TO THE POG~I CANYON SEWER
AGREEMENT FOR EASTLAKE III WOODS AND VISTAS, CHULA VISTA TRACT NO.
01-09]
DEVELOPERS/OWNERS:
EASTLAKE COMPANY, LLC
900 LANE AVE, SUITE 100
CHULA VISTA, CA 91914
Title: President
(Attach Not ary ,~knowl ~dgment )
Title: Vice President
12
~ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California '~
Countyof ~ ~ ~ss'
personally appeared ~J~ W ~ ~ ~ ~
~ersonally known to me
~ proved to me on the basis of satisfacto~
evidence
to be the person(s) whose name(s)~/are
subscribed to the within instrument and
acknowledged to me that ~/they executed
~ ~ ~ ~1~ ~L~ ~ the same in h~c/hcr/their authorized
~ Cemmissio~ ~ 13399~ z capacity(les), and that by his/her/their
~ ~ No~ Public- California ~ signature(s) on the instrument the person(s), or
~ ~ San Di~o Coun~ [ the entity upon behalf of which the person(s)
~ ~ ~;~F~ aCtOr, oxoc~tod tho instrumont.
WITNESS my hand and official seal.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reaSachment of this form to another document.
Description of Attached Document
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
[] Individual Top of thumb here
[] Corporate Officer--Title(s):
[] Partner-- [] Limited [] General
[] Affomey-in-Fact
O Trustee
[] Guardian or Conservator
[] Other:
Signer Is Representing:
[PAGE ONE OF TWO SIGNATURE PAGES TO THE POGGI CANYON SEWER
AGREEMENT FOR EASTLAKE III WOODS AND VISTAS, CHULA VISTA TRACT NO.
01-09]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed the day and year first hereinabove set forth.
CITY OF CHULA VISTA
Mayor
Attest:
Susan Bigelow
City Clerk
Approved as to form:
John M. Kaheny
City Attorney
[NEXT PAGE IS PAGE TWO OF TWO SIGNATURE PAGES]
11
LIST OF EXHIBITS
(POGGI CANYON SEWER AGREEMENT FOR EASTLAKE III WOODS AND VISTAS,
CHULA VISTA TRACT NO. 01-09)
EXHIBIT A PROJECT LEGAL DESCRIPTION
EXHIBIT B TM CONDITIONS NO. 86, 87, 88, AND 89
EXHIBIT C PUMP STATIONS REMOVAL SECURITY
13
EXHIBIT A
LEGAL DESCRIPTION
(POGGi CANYON SEWER AGREEMENT FOR EASTLAKE III WOODS AND VISTAS,
CHULA VISTA TRACT NO. 01-09)
ALL THAT PORTION OF THE UNSURVEYED REMAINDER PARCEL OF PARCEL MAP
NO. 17677 IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA FILED IN THE OFFICE OF THE COUNTY RECORDER APRIL 9, 1996 AS
FILE NO. 1996-0174537, LYING NORTHEASTERLY OF EASTLAKE III WOODS -
NEIGHBORHOOD WR-4 ACCORDING TO THE MAP THEREOF MAP NO. 14394 FILED IN
THE OFFICE OF THE COUNTY RECORDER MAY 16, 2002 AS FILE NO. 2002~416284 OF
OFFICIAL RECORDS AND LYING WESTERLY OF EASTLAKE III WOODS -
NEIGHBORHOOD WR-1 AND WR-3 ACCORDING TO THE MAP THEREOF MAP NO.
14403 FILED IN THE OFFICE OF THE COUNTY RECORDER JUNE 5, 2002 AS FILE NO.
2002-0479665 OF OFFICIAL RECORDS.
TOGETHER WITH LOTS 1-67 INCLUSIVE OF EASTLAKE III WOODS - NEIGHBORHOOD
WR-4 ACCORDING TO THE MAP THEREOF MAP NO. 14394 FILED IN THE OFFICE OF
THE COUNTY RECORDER MAY 16, 2002 AS FILE NO. 2002-0416284 OF OFFICIAL'
RECORDS.
TOGETHER WITH LOTS 273-414 INCLUSIVE AND LOT 728 OF EASTLAKE III VISTAS
PHASE 2 ACCORDING TO THE MAP THEREOF MAP NO. 14404 FILED IN THE OFFICE
OF THE COUNTY RECORDER JUNE 5, 2002 AS FILE NO. 2002.0479829 OF OFFICIAL
RECORDS.
TOGETHER WITH LOTS 148-216 INCLUSIVE AND LOTS 233-257 INCLUSIVE OF
EASTLAKE III VISTAS PHASE 1 ACCORDING TO THE MAP THEREOF MAP NO. 14376
FILED IN THE OFFICE OF THE COUNTY RECORDER APRIL 26, 2002 AS FILE NO. 2002.
0354383 OF OFFICIAL RECORDS.
TOGETHER WITH ALL THAT PORTION OF THE UNSURVEYED REMAINDER PARCEL
OF PARCEL MAP NO. 18211 IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA FILED IN THE OFFICE OF THE COUNTY RECORDER
FEBRUARY 26, 1999 AS FILE NO. 1999-0121253 OF OFFICIAL RECORDS LYING
NORTHEASTERLY OF PARCEL 1 OF PARCEL MAP NO. 16318, FILED IN THE OFFICE
OF THE COUNTY RECORDER DECEMBER $, 1990 AS FILE NO. 90-652175 OF OFFICIAL
RECORDS AND LYING SOUTHEASTERLY OF EAST.LAKE III VISTAS PHASE 2
ACCORDING TO THE MAP THEREOF MAP NO. 14404 FILED IN THE OFFICE OF THE
COUNTY RECORDER JUNE 5, 2002 AS FILE NO. 2002-0479829 OF OFFICIAL RECORDS.
THIS PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.
MICHAEL S. B[JTC~,, PLS $922 - ' DATE
EXHIBIT B
TM CONDITIONS NO. 86, 87, 88, AND 89
(POGGI CANYON SEWER AGREEMENT FOR EASTLAKE III WOODS AND VISTAS,
CHI/LA VISTA TRACT NO. 01-09)
g6. Prior ~o .m~proval of amy firml map or-~uy other m'~ of .approval for m~y improv~m~n~
proposing ~o pump ~e !II se~:~ flows [o th~ T~legmph Canyon and/or PoK~
Canyon ~,~ tmml~, th~ D~,eloper sh~ll ac¢omp]~fn th~ following:
'a. Comply ~4th all thc rcauirements of. Council Pol~m, No. 570-03 ("Sew~c Pump
Smdon Financing ?olic~,). ' -
b. ~-nt~ into an am'~-~mcnt Io con.va'ucl and secure thc constmtctiotl, in accordance
~J/u Section 1 g.-I 6.220 of thc Murdcipa~ Code, of those improvem:nts required ~o
a~=omplishiug ~c following:
: Construction of pump smzion improvements and z~so~iatcd fm:ilkics
neccssm-y to pump sewage flows to thc Telegraph Canyon and/or sewer
truuk~.
H. Removal of any ex,lsuing, new, and/or modifim:l pump madorm and
a~sociated improvem~m, to thc satisfaction of thc City Engine:r, upon
completion of thc Salt Crock Sewer In[erector.
:::. Connection of thc Proicct by _m-aviry ~o thc Salt Creek S:w:r Iuter~tor,
m thc smisf~ction of~c City Enzineer, upon completion of thc Salt
Sewer Imm'~tor. -
h,. ~nc amount ~f thc s~cmdty for thc ~bovc noted im~row~n. ~nts ~h~l
110% of thc ¢onstructi ...... -~ - bc
cog~ Cg15rn~t~. ' '.~, ,'~ u~mc a.FP~.uVed
if improvement plmu az= b~g processed by the City or
200% of the ¢on.va-uction cost estimate anorovcd by thc City En=Mn~,~z if
.. imprOvem:~ pl~s hzvc not bccn subm~d for City ~4=w. A
pm-c=nuge may bc req~ ~ired if it is dcmonm:m~,-~ to thc satisfaction of the
City Ea_~_.uc=, that ~mu-fic4cm d~t, or otb= informmSon is available to
wazmm m=h reduction. (En=Mn_~ring)
c. }h-o~4dc funding for thc prep. m-~tiun of all thc studies and reports requiz=d to
~ .-zg~. orr thc addition of pumped s~'agc z]ows to the Tclezmzth Canyon ~udlor
Pog_~ Canyon sew= usmks, ~ d~c~izined by thc City E~_~. (Engine~5.ug)
Prior so ~.wproval of any fi.ual map or muy other _ezant of approval for zuy improwm~m
proposing to pump E~c llI x~'z~c flows to thc Tole_m-apb Canyon and/or Pog~
Canyon ~,:r u-unl~, thc City En_zin.~r., aI his/her sole dicer:don, shall determ~,e
. needed
~-tem of imnrovemen~ for ~um~ing EmstLakc I~ sewage fiow~ ¢on~istem ~dth:
the requirements of Council Po~i~x,'No. 570-03; 2) thc Pr~l~rn~u~ry Offsitc
~Sudy for =--zstLak: IlS pr:pared by Jo'~ Powell & A~socim~s tuc d
mud r:~dsed Janum-v 3 2001 z_~ ......... · azedNovembez2000
-~ , v~ ~o .'~rmcnment t o~ FSEIR 01-01); and 3) thc City
M:morandm-n dated Fio~m-y 19, 2001 (s~ Attachraem I of Subsequ:nt ~EIR 01-01).
Flows from no more than 1.610 Equh,al~x Dwelling rJniss shall be pumped so Tcle.m'-aph
Canyon and/or Poggi Can~on, as des~rfom:l in the Pr:lim~rmry OiI-six: Sewer Study for
P~or ~o ~orov~ of fus ~ _fn~ n~ or ~y
~ ~ D~'clop~ ~ ~comp~sh ~ fo~o~ng:
for :smbHs~g ~ ~og~ C~yon P~p~d Scw~ Dcvclopm~ ~pac~ F~ or
m~v o~ ~g mcch~ ~. dm~d by ~c CiV Bn~c~. SMd
Provide ~c ncccss~' ~d~ng for ~pl~g
monho~ng pro~, ~ dcm~ncd by ~c
may ~d ~c Pog~ C~yon ~cshol~ sci fo~
dmc~ at M~ sot¢ ~s~cfio~ ~t ~¢ ~U ~,~pfion of ~-b~ ~ flows
~ ~ ~ ~fio~ p~pcd flo~% beyond what ~s'
~¢ momt of ~¢ ¢~V for ~¢ ~ov¢ not~
b~ ~o~'ov~ by ~¢ Ci~ 150% of~¢ ~pmv~
b¢~z ~¢~scd by ~¢ Ci~, or 200% of~¢ co~on
Civ~.~, if ~mv~t p)~¢ have hoC b~ ~b~acd for CiV r~. A l~
p~¢ may be ~ flit is d~oma~ to ~¢ ~s~on of~¢ CiW ~,
EXHIBIT C
PUMP STATIONS REMOVAL SECURITY
(POGGI CANYON SEWER AGREEMENT FOR EASTLAKE III WOODS AND VISTAS,
CHUI~ VISTA TRACT NO. 01-09)
B ND FOR FAITHFUL PERFORMA/ C . BomtNo.:10391~7~0
Issued in Triplicate
W~$, ~ Ci~ Council of ~ Ci~ of ~ula Vlst~ Coun~ of S~ Dl~go. St~ of Cat~m~
The Eastlake Company LLC (h~e~ "Principal'9 d~ to
~S, said Principal is ~qubcd under ~e ~m~s of ~aid Agreom~t to fum~h a bo~d~ ~acu~ ~a ~ovd
of ~e Olympic P~ay and Otay L~es Road sewer pump sta~ons as disused in s~ction ~.b.i/o$ said A~o~ont,.
NOW THE~FO~, we, ~ Pr~aipal ~d Travelers Casualty and Surety
, of America , a c~oragon of ~o State of ConneCtic,t _,
"8ure~'), ~e held ~d f~]y bo~d unto file C1~ of Chula Vista. a munigipal ca.ex, finn (h~e~ "~i¥')
Coun~ of S~ Dielo. S~te of Gal~or~. ~d to and for ~e benefit of ~y and ail ~sonz who may suff~ d~ by
br~h of ~e con~ions hereof, ~ ~e p~t sum of One ~undred twenty thousand
($ 120,000.00 ), law~l mon~ of ~e U~d S~cs, for ~0 paym¢nt of w~h sum well ~d ~Iy to b~ m~a, we bind
oursekv~, o~ heirs, succossom, ~x~cutom ~d admiab~a~ors, jointly ~d severally, f~mly by ~ese presets.
Th: condiUoa of ~is obligaUoa ~'s~ch ~at if~e ~ove-botmd Princip~, ~s or irs h~ir~. :eomom,
sacc~ssors or assigns, sh~ in all ~gs s~d to ~d abide by, and well ~d ~uly kemp ~d pe~u~m ~ 1~ ¢oven~ts,
condidons, ~d pmvi~ions ~ the s~d A~sm~at ~d any nitration t:r¢ofmad: a therein provid¢d, on his or ~k p~ to
b: kept ~ penn.ed at ~e time and in ~o rammer ~in specified, ~d ~ all ~spa~a aonord~ ~ ~ ~ua ~tent ~d
l:o~in~, ~d sh~ indet~i~ a~ lave ha:lloss City, its officeri, ~ents ~d employees, ~ ~mcin mipulated,
obligation sh~l become nult and void; o~e~im:, it sh~l bo ~d remah~ ~ full forc~ ~d effec¢.
As p~t of ~ ob[i8~on secured hereby ~d i~ addition to ~ face m~otmr specified ~orefor, ~t~c
included costs ~d reasonablo expenses ~d fees, ~cluding reasonable a~omsy's lass, incu~ed by Ci~ ~
enfo~g such obligation, ~1 to be taxed as costs ~d included ~ ~y jud~ont rend~¢d.
~]e Suro~ hcr¢by stipulates ~d agre~ gzat no change, extension of flee, ~t~tlon or addition to ~e te~s ofth~
~ements Shatl ~ ay m~ner ~ect t~ obliB~gons on tt[s bo:~ and it does hereby waiv¢ noU:~ of any mu~h
~xt~msion off. m, alt~agon or addklon ~ tho terms of th:
In addition to ~o acm bondcd for p~suant to tze Agreement ~co~emred above, ~e following a~s
p~o]m~cos ~c addi~onaUy subjec~ to t~e tc~s of ~is
Removal of pump stations to tne satisfaction of CCV engineers ann s~lpumatea
within the Pogqi Canyon Pumped Sewer Aq~eement
IN WITNESS WHEREOF, this l~strumcnt has been duly executed by the Principal and Surety above named, on
November 4 ~ 2o 02.
The Eastlake Company LLC Travelers.CasJalty and Surety £nmpany of America
of Prlucipal(Applican~ Nanl. e of S1/Ite~ Company
Address of Surety Company
103913730 South Pasadena, CA 91030
Bond/Policy No, City State Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
A PP-R:O YE~D -A-$-T(9-F ORI~:
C~ty A~/ '
IN WITNESS WHEREOF, TRAV~.~S CASUALTY AND .~om~'r~ COMPANY OF AMERICA, TRAV~*~.R
CASUALTY AND SURETY COlViFANY md FARMINGTON CASUALTY COMPANY lm~ ~,~ this insmm~nt to ~
signet b~ their Senior Vice President ~n~ their co~pora~ seals m be h~to affimi *~* 27th da~ ~fFdmm7 2002.
STAT~ OF CONNECTICLrr TRAV~L~'~S CASUALTY AND ~uKgTY COMPANY OF AMerICA
}SS. Harffoni FARMINGTON CASUALTY COMPANY
COUNTY OF HARTFORD ' ~'
. .2~-
authority of his/her office under U~ St~-a!ng 1~ _~o_!mions theax~ ~,.:~ ,.
My commission expires Juno 30, 2008 Notary Public
Morle C. Teimault
CERTIFICATE
I, the undersigned, A~sistant Secretary of TIL~V~I.~RS CAdUcei,TV ~ SUI~TY COMPANY OF ~I~M~RICA
TRAVELERS CASUALI3t AND SURETY COMPANY and FARMIN~TON CASIL4~TY COMPANY, ~ock corporations o:
the State of Conneclicut, DO HEREBY c~:.,-r~ ¥ t~ the fo~ming and ..~e~t Power ~f Attorney and cemficate of Authorit3
r~mnins ill full force and has not b~n r~voked; and furthermore, thnt ~h~ Sialldil~ R~olmiom of th~ Boar~ c~' Dimctor~ as se'
forth in thc Cer~ificau) of Authority, are now in force.
Signed and Sealed at ihe Home Office of the Company, in th~ City of Hmlford, Stale of Connecticut Dated this 4th day of
November ,2002. ..
eec
Kori M. Joha~son
Assistant Secretary, Bond
TRAVF. LRRS CAS'UALTY AND xuxETy COMPANY OF AM~.~.ICA
TRAV~.Z~R~S CASUALTY AND aUnTY COMPANY '
Hsrfford, Cannmiant06183-9062 n
POWER OF ATTORNEY AND CERI1FICATE OF AUI'IiORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY TItr~SE PRESENTS, THAT TRAVI~.lr~,S CASUALTY AND SURETY COMPANY OF
AMERICA, TRAV~.n~RS CASUALTY AND SURETY COMPANY ami I~AR1MINGTON CASUALTY COMPANY,
corporations duly o _~oi~l ,-~r the laws of th~ Sram of Canm~i~, and ~ tlmir 1~ ~ in tim City of I~
County of Hanford, Sram of Connecticut, (he~-~e~r tim "C,,~pa~s") h,~h made, ~ ~,a appointed, and do by these
presents muk~, conslitme and appoint: Jame~ T. ~amita~e, Sr., Norm~ ~ ~md, Sm IP~ ]~y, John S. ~ Susan
L. Cline, of South Pasadena, California, their Uttc nn~ lawful A~o~u~,y(s)oin.~va~t, with foil pov~r and ~nthority ~ cunf~
to sign, execute and acknowledge, at any ptacc wi,bin the Unlt~l Stat~ ~ ~]lowill~'ill~hd$): by ~ ~ S~mr~ and
act, any and all bonds, rcco~i~nces, contracts of indemnity, anti othor wsitixlgS o~l~tt~y in ~ ~ of a bond, r~:o?i~nce, or
as if thc same were sisned by the duly ~-t~orized ot~ficers of thc Companies, ~ all the acts of said Atto~s).in-Fact, pur~* to
the authority herein ~iven, arc hereby m*i~ed and confi~m,~ ~
This appointment is made under and by authority of th~ following Standing R~sol~:ms of sa~d Compai~, ~ R~Ill~Oi~S a~
now in full £oxce nnd effect: ~ '
VO 1~: That the ~nn. th~ Presid~ilt, all}' Vic,~ ChairmAn. ~ ~fl~t~v~ V'I{~ pp~ tl~. Imy ~ V*I~I~ ~ imy ~g~l~ PII~t, ally
Second vice President, the Treasurer, any Assistant Treaso~r, the Coq~a~ Sect~a~ ~ any .~l-i~mt Se~etmy may appoint Allmnel~in-Fact
and Agents to act for and on behalf of the company and may give such appohlt~ sor. h snthmity as his ~ lter c~i~*~ of m,hority may pzzacfib¢
to sign with [he Complmy '$ nnmc and sca[ with the Colul~my's Seal bond-q, l~ '~,~ne~ ~ of !~dP~mlty, ~ Oth~ ~ obli~tff~ ill
thc nature of a bond, reco~i*~nce, or conditional undertaking, and any of said offices or tke Bceid of~ at any 6m* may mmave any such
appointee and revoke the power given him or her..
VOIED: That thc Chairmen, the President, any Vice Clminnen, any Executive vice President, any Senior vic~ President or any Vice President
may delegate all er any part of the fotcgning authority to one or more officers or employees of this C~.~:.~ay, provided that each such delegation is
in writing and a cepy thereofis flied in the office of thc Sesretary. ...~i .~
VOTED: That any bond, reco~?~,-ce, contract of i-~,~.;ty, or writiag oNi~o,,*~/in th~ netum of a bond, mco.~,*,~, ~ conditional
unde~akin§ shall be valid and bipdlnS upon the Complmy when (a) signed by the Preaident, any Vice C"ha~m~m. a~y Exegalive vice President, any
Senior Vice P~sident or any Vice President, any Second Vice President, the Ttcesm~, any ,a~_~isiant Ttessm~, the Corporate Seerete~, or any
Assistant Secretary and duty attested and sealed with the Comt~any' s seal by a Secreta~ or Assistant Ses~ta~, or (b) duly executed (under seal, if
required) by one er more Attemeys-in-Fact and Agents pursuant to the power pt~cribed in his or her certificate or their c~ffiiti¢~t~ of authority or
by one or more Company oflica~ pursuant to a written delegation of authoxity. ·
This Power of Attorney and Certificate of Authority is signed and sealed by fmeslmiiq (me~llmicld or prillted) under and by
authority of the following Standin~ Resolution voted by the Boards of Directors of TRAVR.!.i~.IlS CASUALTY AND SURETY
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SUI~TY COMPANY end I~ARMINGTON CASUALTY
COMPANY, which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, ally F..xecutive Vice President, ally Senior Vice Pl~ident, any Vice
President, any Assistant Vice President, any Secretary, iny Assistant Se~iaty, ami the seal of the Cmapany may bo affixed by f~:simile to any
power of attorney or to any cettificete relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Atterecys-in-Fact for
purposes only of executing and attesting bonds and undertakings and other w~*in? obligat0~y in the antm~ thesen~ and any such power of attorney
or certificate bea~ such facsimile sigllatere or facsimile seal shall be valid and bindln~ IipoIl th~ Compauy a~l any such power so e~teolt__,!~_ and
certified 'by such facsimile signature and facsimile seal shall bo valid and blnrlln~ upon the C~ in the fu0are with respect to eny bond or
undertaking to wbi. 'ch it is attached.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Los Angeles ) ss.
County of
On NOV 4, 2002 beforeme, Norma A Good, Notary Public
personally appeared ,]ames E. McInerny
~ personally known to me
E] proved to me on the basis of satisfactory
evidence
to be the person(s)' whose name(~ is/e4,e
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/h~'/their authorized
capacity(i~s), and that by his/her/their
~ -- "- ~"O~V~'--~"~i:~OD-- -- II signature(s) on the instrument the person(s), or
~'~ Comm~ion # 1205.50& [ ....~-the entity upon behalf of which the person(s)'
~ Notr~"t' Public - Ca!ifcraio ~ ~..~a~cted, executed the instrument.
Angel~
Court%,
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name: I
[] Individual Top of thumb here
[] Corporate Officer-- Title(s):
[] Partner-- [] Limited [] General
[] Attomey-in-Fact
[] Trustee
[] Guardian or Conservator
[] Other:
Signer Is Representing:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Coun of j, ss.
personalJy appeared ~'~
~personally known to me
~ proved to me on the basis of satisfacto~
evidence
~] ~~lCommission, 1339922~'~ to be the person(s)whose name(s)~are
~ subscribed to the within instrument and
~ ~ Nom~ Public- California ~z acknowledged to me that ~/they executed
~ ~ San Di~o ~un~ ~ the same in ~r/their authorized
~ ~.~F~12,2~ capacity(les), and that by ~'h~r/their
. ~ ~ ~r ~...~-~ ~ ~ .... signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS ~ ~ my hand and official ~ seal.
OPTIONAL
Though the infoiT~ation below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: ~ '~~ ~"~0 ~~
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
[] individual Top el thumb here
[] Corporate Officer--Title(s):
[] Partner--D Limited [] General
[] Attorney-in-Fact
[] Trustee
[] Guardian or Conservator
E? Other:
Signer Is Representing:
RESOLUTION NO. 2002 -
RESOLUTION OF THE CITY COUNCiL OF THE CITY OF CHULA
VISTA APPROPRIATING $80,418 FROM THE AVAILABLE FUND
BALANCE IN THE TELEGRAPH CANYON SEWER PUMPED FLOWS
DIF FUND FOR THE REIMBURSEMENT OF COSTS PERTAINING TO
THE PREPARATION OF THE STUDIES REQLrlRED FOR THE
ESTABLISI-EMENT OF THE PU1VtPED SEWER D1F AND TO THE
CONSTRUCTION OF CERTAIN SEWER IMPROVEMENTS NEEDED
TO CONVEY PUMPED FLOWS
WHEREAS, the Poggi Canyon Pumped Sewer Agreement will constitute full
satisfaction of Conditions 86, 87, 88, and 89 of the Eastlake III Woods and Vistas Tentative Map
approved by Council Resolution No. 2001-269 and of the requirements of Section 10 of the
Master Development Agreement for the same project approved by Council Resolution No. 2002-
090; and
WHEREAS, the Agreement will bring all developed parcels within the Eastlake
Development (i.e., Greens, Trails, Vistas, and the Woods) and the Olympic Training Center in
full compliance with the requirements of the Pumped Sewer DIF.
WHEREAS, it is necessary for Council to appropriate $80,418 from the available
balance of the Telegraph Canyon Sewer Pumped Flows DIF fund (Fund# 543) for reimbursing
Eastlake the funds advanced for 1) the preparation of the "Poggi Canyon Sewer Basin Plan
Update and Pumped Flow Analysis Report" prepared by PBS&J and dated May 2002, 2) the
preparation of the "Pumped Sewer Development Impact Fee Engineering Study" prepared by
PBS&J and dated September 2002, and 3) oversizing of 2,522 feet of the Poggi Canyon Sewer
needed to convey pumped flows; and
WHEREAS, the abovementioned studies provided the engineering and financial
analysis required to establish the Pumped Sewer DIF; and
WHEREAS, this appropriation is based on the audited total cost of preparing said
studies and construction of the sewer oversizing improvements.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby appropriate $80,418 from the available balance in the Telegraph Canyon
Sewer Pumped Flows DIF fund for the reimbursement of costs pertaining to the preparation of the
studies required for the establishment of the Pumped Sewer DIF and the construction of certain
sewer improvements needed to convey pumped flows.
Presented by: Approved as to form:
John P.Lippitt johfi/t~, j~'aheny
Director of Public Works City Attorney
J:\Attorney\RESO\Poggi Canyon Appropriation
Item ~0
Meeting Date 11/12/02
COUNCIL AGENDA STATEMENT
ITEM TITLE: A) Resolution of the City Council of the City of Chula Vista,
California, approving the form of an Acquisition/Financing Agreement
pertaining to Community Facilities District No. 06- I (EastLake - Woods,
Vistas, and Land Swap)
B) Resolution of the City Council of the City of Chula Vista,
acting in its capacity as the legislative body of Community Facilities District
No. 06-I (EastLake - Woods, Vistas, and Land Swap), Authorizing and
providing for the issuance of special tax bonds of the district for
Improvement Area A thereof, Approving the form of Bond Indenture, Bond
Pumhase Contract and other documents and authorizing certain actions in
connection with the issuance of such bonds.
SUBMITTED BY: Director of Public Works~ Director of Finance
REVIEWED BY: City Manager
~,~ ~e~ (4/Sths Vote: Yes No X)
On September 10, 2002 the City Council held the public h~ahng to consider the formation of
Community Facilities District No. 06-I (CFD No. 06-I) and the designation of two improvement
areas therein(Improvement Area A and Improvement Area B). At the conclusion of the public
hearing, CFD No. 06-I was formed for the purpose of providing for the financing and acquisition for
certain authorized public facilities and roadways as shown on the proposed list of facilities. On
September 17, 2002, the City Clerk, acting as the Election Official, conducted a special election in
Improvement Area A and Improvement Area B to present to the qualified electors of each
improvement area propositions to authorize the levy of special taxes within each improvement area
and to authorize the issuance of bonds by CFD No. 06-I for each improvement area. On October 10,
2002 City Council received the election results from the City Clerk who declared that 100% of the
votes cast were in favor for the authorization to levy special taxes within each improvement area and
to authorize the issuance of bonds of CFD No. 06-I for Improvement Area A and B. The City
Council also introduced and waived the first reading of the Ordinance to authorize the Levy of a
Special Tax in Improvement Area A and B.
Tonight, Council will consider approving the Acquisition/Finance Agreement with The EastLake
Company, LLC that establishes the procedure for acquiring the improvements from the developer,
which will require each individual component of the projects to be 100% completed before
acquisition and reimbursement. In addition, Council will consider the authorization of the issuance
of special tax bonds of CFD No. 06-I for Improvement Area A in the amount of $39,000,000 and the
approval of the form of certain documents related to the issuance of the bonds including a Bond
Page 2, Item
Meeting Date 11/12/02
Indenture, Bond Purchase Contract and Preliminary Official Statement. The developer anticipates
moving forward with the Bond sale for Improvement A~ea B early in the spring of 2003.
RECOMMENDATION: That Council:
· Approve the Resolution (A) approving the Acquisition/Financing Agreement that (i)
establishes the terms and conditions pursuant to which the City will acquire the authorized
public improvements and/or fund the developer's fair share of the cost of Traffic
Enhancement Improvements if constructed by a party other than the developer, (ii)
establishes the terms and conditions pursuant to which the District will agree to issue special
tax bonds to finance the acquisition or construction of such improvements and (iii)
establishes the procedure for acquiring the improvements from the developer within
Community Facilities District No. 06-I, and
· Approve the Resolution (B) authorizing the issuance of Bonds for Improvement Area A,
approving the form of the Bond Indenture, Bond Purchase Contract and other documents for
Community Facilities District No. 06-I and authorizing certain actions in connection
therewith.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Background
On September 10, 2002, a public hearing was held to consider the formation of CFD No. 06-I and
following the conclusion of such public hearing, the City Council took action to form CFD No. 06-I.
On September 17, 2002, the City Clerk, acting as the Election Official, conducted a special election
in Improvement Area A and Improvement Area B to present to the qualified electors of each
improvement area propositions to authorize the levy of special taxes within each improvement area
and to authorize the issuance o£bonds by CFD No. 06-i for each improvement area. On October 10,
2002 City Council received the election results from the City Clerk who declared that 100% of the
votes cast were in favor for the authorization to levy special taxes within each improvement area and
to authorize the issuance of bonds of CFD No. 06-I for Improvement Area A and B. The City
Council also introduced and waived the first reading of the Ordinance to authorize the Levy of a
Special Tax in Improvement Area A and B.
The Mello-Roos Community Facilities Act of 1982 is a financing mechanism for funding the
acquisition or construction of public infrastructure improvements from the proceeds of Community
Facilities Districts bonds, which are repaid from an annual special tax collected from the property
owners within such a district. There is no direct cost to the City.
CFD No. 06-I is primarily an acquisition district wherein the developer constructs the public
improvements and the City acquires them upon completion with funds derived solely from the sale
of bonds. CFD No. 06-I is also authorized to finance the developer's Fair Share of the costs of
construction of the Telegraph Canyon roadway improvements pursuant to the Agreement for the
Meeting Date 11/12/02
Construction of Roadway Improvements for Traffic Enhancement entered into between the City and
four of the developers, including The EastLake Company, LLC.
District Boundaries
Exhibit 1 presents the boundaries of CFD No. 06-I, which includes parcels located within
EastLake's Woods (394 gross acres), Vistas (343 gross acres), and "Land Swap" (143 gross acres)
owned by either The EastLake Company, LLC or a merchant builder. The Woods and Vistas
comprise Improvement Area A and the "Land Swap" comprises Improvement Area B.
The Woods area is bound to the south by Otay Lakes Road with Hunte Parkway meandering
northward almost bisecting the area. The Vistas is bound by Otay Lakes Road to the north,
Olympic Parkway to the south and Wueste Road to the east.
At buildout, Improvement Area A (Vistas and Woods) will consist of 1,597 single-family detached
residential units, 111 single-family attached units, 300 multifamily units, a 10 acre commercial site
and a 19 acre proposed hotel site. The Woods development area will consist of 663 single-family
residential lots. The Vistas will be comprised of 934 single-family residential lots, 111 single-
family attached lots, 300 multifamily apartment units, one 10 acre commercial lot, and one 19 acre
hotel lot.
Currently, in Improvement Area A the ownership is as follows:
Vistas:
· RWR owns approximately 16 acres with plans to build 82 single-family units.
· Davidson owns approximately 22 acres with plans to build 115 single-family units.
· Fieldstone owns approximately 17 acres with plans to build 93 single-family units.
· Cornerstone owns approximately 17 acres with plans to build 168 single-family units.
· William Lyon Homes owns approximately 15 acres with plans to build 170 single-family
units.
· Western Pacific Homes approximately owns 8 acres with plans to build l 11 single-family
units.
· The remainder of the 110 acres of land is owned by EastLake Company, LLC and is planned
for 619 units to be built by merchant builders.
Woods:
· Colrich owns approximately 20 acres with plans to build 77 single-family units.
· Continental owns approximately 18 acres with plans to build 72 single-family units.
· Cornerstone owns approximately 22 acres with plans to build 254 single-family units.
· The remainder of the 105 acres land is owned by EastLake Company, LLC and is planned for
259 units to be built by memhant builders.
Page 4, Item /Q
Meeting Date 11/12/02
The Improvements
The master developer (EastLake Company, LLC) has requested that CFD No. 06-I sell only the
bonds for Improvement Area A at this time. Preliminary estimates show that the maximum tax
revenue (using the proposed taxes) from all the taxable properties within Improvement Area A
would support a total bonded indebtedness of approximately $39 million (assuming a 6.0% interest
rate and a 30-year term on the bonds). This borrowing will finance approximately $32 million in
facilities (i.e. grading, landscaping, streets, utilities, drainage, sewer, etc).
The developer is proposing the financing of backbone and associated improvements (i.e. grading,
sewer, streets, dry utilities, etc.) as described below. CFD policy requires a determination of the
priority for the acquisition of improvements by a CFD. Staff, consultants, and land developers have
prepared a list of facilities as shown below. The final prioritization of these facilities has been
outlined in the Acquisition Finance/Agreement under consideration tonight.
A. Priority Items:
· Traffic Enhancement Improvements
· E. Olympic Parkway
· W. Olympic Parkway
· Otay Lakes Road
EastLake Parkway
· Hunte Parkway
· Proctor Valley Road
· Telegraph Canyon Road
· Traffic Signals
The Acquisition/Financing Agreement provides that CFD No. 06-I may finance the acquisition of
Traffic Enhancement Improvements, including the Telegraph Canyon roadway improvements,
from the developer if such improvements are constructed by the developer or CFD No. 06-I, or
CFD No. 06-I may finance the developer's fair share of the cost of construction of such
improvements if they are constructed by a third party, e.g., another developer or the City.
Special Tax Report
A copy of the Special Tax Report Community Facilities District No. 06-I for EastLake prepared by
the Special Tax Consultant, McGill Martin Self, Inc., is on file, and available for public review in the
City Clerk's Office. Said report incorporates the "Rate and Method of Apportionment" (RMA) for
Improvement Area A (previously approved by Council on July 23, 2002), that establishes the
procedures for levying the special taxes in CFD No. 06-I.
Ci~. Financial Criteria
At the time the special tax is levied, developed parcels are those parcels for which a building permit
has been issued. This special tax rate has been determined by a preliminary "2% maximum tax"
IO-¢
Page 5, Item
Meeting Date 11/12/02
analysis. Said analysis, which is based on estimated house sizes and prices, sets the amount o£the
maximum special tax that may be levied by CFD No. 06-I on residential parcels. It should be noted
that a final test will be required to be applied at escrow closing using actual house sale prices. If the
2% limit is exceeded, the developer is required to buy down the special tax lien for CFD No. 06-I or
the special tax of one of the school districts to an amount sufficient to meet the 2% criteria.
As mentioned above the final 2% test has previously been applied at the time of the close of escrow
of the sale of a lot and house to the first retail buyer. By applying the test at this time, the actual
sales price of the house can be incorporated into the test. The developer of this CFD is, however,
planning to sell custom lots within a portion oflmprovement Area A (designated as Neighborhood
WR-1) in addition to production units. At the time of the close of escrow on the sale of a custom lot
from the developer to a homeowner the actual cost of the home to be constructed on such a custom
lot will in all likelihood not be known. In order to apply the final 2% test at the close of the escrow
of the sale of the custom lot, staff is recommending that an assumed cost of construction for the
custom home be added to the sales price of the lot itself. The City's land use entitlements applicable
to the custom lots require that a minimum size home of 3,200 square feet be constructed on any
custom lot. Staffrecommends that the assumed cost of construction of the custom home be based
upon the construction of this minimum sized home at a cost of construction per square foot to be
determined by the City Engineer after consultation with the Planning and Building Department and
the developer. Applying these assumptions will provide for a conservative test result for any custom
lot. These requirements will be incorporated into the Acquisition/Financing Agreement for this CFD
that will be presented to the City Council for approval prior to the authorization of the issuance of
bonds for Improvement Area A. The requirements of the 2% test for both production units and
custom lots have been incorporated in the Acquisition/Financing Agreement.
Value to Lien Ratio: The City's Statement of Goals and Policies for Community Facilities Districts
("CFD policy") requires a minimum value to lien ratio of 4:1. In addition, the policy establishes the
following criteria:
The required value-to-debt ratio shall be determined with respect to all taxable
property within the community facilities district in the aggregate and with respect to
each development area for which no final subdivision map has been filed. A
community facilities district with a value-to-debt ratio of less than 4:1 but equal to or
greater than 3:1 may be approved, in the sole discretion of the City Council, upon a
determination by the City Manager, after consultation with the finance director, the
bond counsel, the underwriter and the financial advisor, that a value to debt ratio of
less than 4:1 is financially prudent under the circumstances of the particular
community facilities district."
Bruce W. Hull & Associates conducted an appraisal (dated September 17, 2002) on the property
within Improvement Area A. Exhibit 2 illustrates only Improvement Area A bond sale of $39
million which will result in an overall lien ratio of 4.27:1. Within Improvement Area A, eight of
the planning areas have a lien ratio of greater than 4:1, with one planning area owned by ColRich
Development has a lien ratio of 3.42:1 and the combined developer owned pamels have a 3.14:1
value to lien ratio. This value to lien ratio of 3.14:1 represents a future scenario where all of the
Page 6, Item
Meeting Date 11/12/02
proposed exempt parcels that will be exempt as defined in the Rate and Method of Apportionment
have been classified as exempt based upon land use or a change title has been recorded (such as a
school parcel). On October ,2002 EastLake Company, LLC submitted a waiver letter
(Exhibit 3) requesting approval of a lien ratio of less than 4:1 but greater than 3:1. Staff and
consultants have reviewed this request and determined that approving a lesser lien ratio for
EastLake Company, LLC and Colrich Development parcels within CFD No. 06-I is financially
prudent.
Staffrecommends that Council approve the developer's request based on the following:
1. The EastLake Company, LLC and Colrich Development have a consistent history of tax
responsibility, i.e., the timely payment of ad valorem taxes, assessments, and special taxes.
Demonstrating ability and willingness to pay taxes, assessments, and special taxes on time
over an extended period of time is critical to the City finance team on recommending a
lien ratio of less than 4:1.
2. The overall property ownership and special tax obligations within CFD No. 06-I are
relatively diversified. The merchant homebuilders currently are responsible for
approximately 46 % of the special tax obligations of the district. Diversification of special
tax obligation is perceived by the City finance team to assist in mitigating the risk to the
bondholders.
3. Development entitlements and grading is underway or completed. Model homes permits
have been issued for five of the neighborhoods. Home sales have or will be starting very
soon. The status of development indicates that further diversification of ownership should
continue and that the value within the CFD should continue to increase.
4. Infrastructure construction is advanced within CFD No. 06-I. The completion of
significant levels of infrastructure necessary to serve the property within CFD No. 06-I
also helps to mitigate the risk to the bondholders.
5. Mapping process is underway. Final maps have been recorded for 1,274 EDU's. EastLake
anticipates processing maps for the remaining 746 EDU's during late 2002 and early 2003.
The status of physical development indicates financial commitment to the project and
leads to anticipation of finalizing construction.
6. The market absorption study concludes that the district will reach buildout by the year
· This short absorption period indicates that the developer should be responsible
for special tax payment for a limited time.
7. The appraisal was completed on September I7, 2002. The appraiser revisited the
EastLake site on ,2002, visually inspected the project and determined that, had
the appraisal been done today, the project would have been at least a 3:1 value to lien.
Resolution
There are two resolutions on today's agenda that, if adopted, will accomplish the following:
(A) The RESOLUTION APPROVING AN ACQUISITION/FINANCING AGREEMENT for
Community Facilities District No. 06-I (EastLake - Woods, Vistas, and Land Swap) is the formal
action approving the Acquisition/Finance Agreement, (Exhibit 4) that establishes the procedure for
Page 7, Item 19
Meeting Date 11/12/02
acquiring the improvements from the 'developer requiring the project be fully completed and
· accepted by the City prior to acquisition.
· The agreement provides that the City may reimburse 75% (the "Base Increment") of the total
cost of the any identified improvement upon the determination by the City Engineer that
such improvement has been installed per approved plans with required City Inspection. To
be eligible for payment of the Base Increment for an improvement, the City Engineer must
determine that construction of such improvement is substantially complete, i.e., construction
has progressed to the point where the improvement is sufficiently complete so that the
improvement can be used for the purpose for which it was intended. Certain construction
activities (i.e. testing, completion of punch list, preparation of as-built drawings) may,
however, still be pending. The 25% final reimbursement (the "Final Increment") may be
made once the construction of the improvement has been fully completed, as-built drawings
have been received by the City, maintenance bonds have been posted and written
unconditional lien releases have been received for such improvement.
· The agreement also conditions the purchase of said improvements to developer's compliance
with all the applicable conditions and obligations imposed on the property within CFD No.
06-I pursuant to the land use entitlements approved by the City, including but not limited to,
payment of all applicable fees, dedication of fight -of-ways or other property (i.e. parks,
open space, etc), payment of assessments installments or special taxes, and construction of
all applicable public improvements.
· Staff has reviewed the proposed agreement and believes that 1) the 25% payment retention,
and 2) the condition requires compliance with approved land use entitlement will provide
enough security to guarantee completion of the improvements while ensuring the financial
health of CFD No. 06-I.
· The agreement also conditions the pumhase of certain "Traffic Enhancement Improvements"
to the developer(s) in conformance with the provisions stipulated within this agreement. The
said compensation shall also be in two base payments, one at 50% of completion, based upon
construction price, and the second 50% upon completion of the Traffic Enhancement
Improvement and acceptance thereof by the City.
· The City retained the firm of Best, Best and Krieger, LLP as Bond Counsel for CFD No. 06-
I. Bond Counsel drafted this agreement for and on behalf of the City with input and review
by City staff, developer legal council, developer and financial team.
(B) THE RESOLUTION AUTHORIZiNG THE ISSUANCE OF BONDS AND APPROViNG THE
FORM OF CERTAiN RELATED DOCUMENTS" authorizes the issuance of limited obligation
bonds, pursuant to the Mello-Roos Act in a principal amount not to exceed $39,000,000. The final
bond sale amount will be known once the interest on the bonds is determined at bond sale. In
addition, the resolution approves the form of the following documents:
lO-ri
Page 8, Item !0
Meeting Date 11/12/02
· The Preliminary Official Statement (Exhibit 5): describing the Community Facilities Disthct
and type of bonds, including term~ and conditions thereof, for the bondholders.
· The Bond Indenture(Exhibit 6): between the City and the Fiscal Agent, US Bank Trust
National Association, that sets forth the terms and conditions relating to the issuance and sale
of the bonds.
· The Bond Purchase Contract (Exhibit 7): The Bond Purchase Contract authorizes the sale of
bonds to the designated Underwriter (Stone & Youngberg LLC). The underwriter's discount
for this negotiated sale is not to exceed 1.5% of the total bond amount that translates into a
fee not to exceed $
,, Continuing Disclosure Agreement: between the City and U.S. Bank Trust National
Association, as dissemination agent, pursuant to which the City is required to disclose certain
financial information on an annual basis regarding the Community Facilities District and
certain significant events. These disclosures include but are not limited to:
Special tax delinquencies
Bond calls
Events reducing density oi- causing modifications
Other events reflecting financial difficulties of CFD No. 06-I
It should be noted that Council would only be approving the form of the aforementioned documents.
The proposed resolution authorizes the Director of Finance to approve the final form and to execute
such documents on behalf of the City following review by and consultation with the City Attorney,
Bond Counsel, and Financial Consultant. No additions or changes in the documents are permitted
which would result in the annual interest rate on the bonds to exceed %.
Future Actions
Adoptions of tonight's Resolutions will approve the Acquisition/Financing Agreement for CFD No.
06-I and authorize the issuance of bonds, and approve the form of related documents. The issuance
of the bonds is anticipated in December 2002.
FISCAL IMPACT:
The City's General Fund receives 1% of the bond sale amount in accordance with the CFD Policy for
the use of the City's bonding capacity. The developer will pay all formation costs and has deposited
money to fund initial consultant costs, and City costs in accordance with the approved
Reimbursement Agreement. The City will receive the benefit of the full cost recovery for staff time
involved in district formation and administration activities. Staff anticipates that most of the CFD
No. 06-1 administration will be contracted out.
Attachments:
Page 9, Item [
Meeting Date 11/12/02
Exhibit 1: Recorded Amended Boundary Map for CFD No. 06-1
Exhibit 2: Estimated Value to Lien Ratios Based on Appraisal
Exhibit 3: Waiver letter from EastLake Company, LLC, dated 10-22-02 addressing Value to
Lien Ratio
Exhibit 4: Acquisition/Financing Agreement for CFD No. 06-I
Exhibit 5: Preliminary Official Statement for CFD No. 06-I
Exhibit 6: Bond Indenture for CFD No. 06-I
Exhibit 7: Bond Purchase Contract for CFD No. 06-1
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October 22, 2002 ~$Tb~KE
COMPANY. LL¢
Mr. George KzempI
Deputy City Manager
City of Chula Vista
276 4th Avenue
Chula Vista, California 91910
Re: City of Chula Vista CFD No. 06-I (Eastlake) Improvement Area A (Woods and Vistas) -
Waiver of 4:1 Value-to-Debt Requirement
Dear.Mr. Krempl:
As you know, the City of Chula Vista ("City") has established value-to-lien criteria in their
Goals and Policies Statement relative to Community Facilities District financings. The relevant
excerpt from the Goals and Policies states:
"It is the policy of the City that the value-to-debt ratio, i.e., the full cash value
of the properties subject to the levy of special taxes, including the value of the
improvements to be financed from the proceeds of the issue or series of
special tax bonds for which the value-to-debt ratio is being computed,
compared to the aggregate amount of the special tax lien proposed to be
created plus any prior fixed assessment liens and/or special tax liens, for a
community facilities district must be at least 4:1. The required value-to-debt
ratio shall be determined with respect to all taxable property within the
community facilities district in the aggregate and with respect to each
development area for which no finals subdivision map has been filed. A
conununity facilities district with a value-to-debt ratio of less than 4:1 but
equal to or greater than 3:1 may be approved, in the sole discretion of the City
Council, upon a determination by the City Manager, after consultation with
the Finance Director, the bond counsel, the underwriter and the financial
advisor, that a value-to-debt ratio of less than 4:1 is financially prudent under
the circumstances of the particular community facilities distric)C'
Based on the appraisal report prepared by Bruce Hull & Associates, while overall value-to-debt
ratio for all taxable property within Improvement Area "A" exceeds 4:l, the appraised value for
development areas that include the remaining The EastLake Company, LLC holdings (.the
"Eastlake Properties") does not, as of the date of value, provide an overall value that will result
in the value-to-debt ratio of 4:1 or more for the EastLake Properties.
I0-t
We believe that the particular circumstances of The Eastlake Properties should allow the City to
determine that the current value-to-debt ratio is financially prudent. The circumstances that are
present in CFD No. 06-I are described as follows:
1. The Value-to-Debt Ratio should have increased since the September 3, 2002 Appraisal
Date.
Since the appraisal date, The EastLake Company, LLC has spent approximately $9,000,000
in additional improvements. This represents 20% of the remaining dollars that were to be
spent as of the appraisal date. Additionally, The EastLake Company, LLC will spend
another $25,000,000 between October 21, 2002 and December 31, 2002, which represents
57% of the remaining dollars that were to be spent as of the appraisal date. If the $34
million dollars expended on such additional improvements' were taken into account in the
appraisal, we believe the value-to-debt ratio for the EastLake Properties would be well
above the 4:1 ratio.
2. Diversity of Ownership within CFD 6-IA A.
There are a total of 2,020 units within Improvement Area "A" of CFD 06-I. Of the 2,020
total units, eight different builders within the Woods and Vistas own 1,142 of the 2,020
units, representing 57% of the total units. Additionally, The EastLake Company, LLC
'expects to sign contracts within the next 30 days to sell an additional 357 units to two
different homebuilders which represents an additional 18% of the total units. These units
area ctu'rently within the EastLake Properties. Upon the close of these escrows, the number
of dwelling units tlmt will remain under the ownership of The EastLake Company, LLC will
be reduced from 878 to 521 and 75% of the units will be owned by merchant builders.
3. Completion of Final Maps - Remaining InfrastnLcture/CFD Facility completion.
Final maps have been recorded for all units within Improvement Area "A" of CFD No. 06I
with the exception of 196 units. The two remaining final maps which comprise the
remaining 196 xmits are anticipated to be recorded within the next 4 months. The existence
of final maps makes the property within Improvement Area "A" of CFD No. 6 owned by
The EastLake Company, LLC extremely marketable to merchant builders.
4. The City's Vahie-to-Debt Ratio Policy for Assessment Districts.
The City's Policy Statement of Assessment Districts only requires a value-to-debt ratio of
3:1. As you know, assessment districts and community facilities districts are treated fairly
similarly from a bond pricing and security perspective.
5. Community Facilities District Act of 1982 Value-to-Debt Ratio Requirement.
The Community Facilities District Act of 1982 provides for a vultee-to-debt ratio of 3:1 and
the vast majority of bonds issued by local governments in California utilize this value-to-debt
ratio.
Based on the above-described ciraanstances relative to Improvement Area "A" of CFI)No. 06-
I, it is respectfully requested that the City approve a waiver of the existing policies and require a
value-to-riehl ratio of' 3:1 or more for the EastLake Properties. If you have any questions or
comments or desire additional information, please do not hesitate to call me.
President, CEO
cc: Alex A1Agha
Lombardo De Trinidad
Wm'r~n Diven
Bill Huck
Tom Johnsen
John Lippitt
Greg Mattson
Anne Moore
Peter Piller
-Dave Rowlands
Execution Copy
ACQUISITION/FINANCING AGREEMENT
THIS AGREEMENT, dated as of , 2002, is made and entered into by and
between the CITY OF CHULA VISTA, a charter city duly organized and validly existing under
the Constitution and laws of the State of California, (the "City"), COMMUNITY FACILITIES
DISTRICT NO. 06-I (EASTLAKE - WOODS, VISTAS AND LAND SWAP), a conununity
facilities district formed and existing pursuant to the laws of the State of California (the "CFD
No. 06-I") and THE EASTLAKE COMPANY, LLC, a California limited liability company (the
"Developer").
WHEREAS, the Developer is the master developer of certain property known as the
Woods, Vistas and Land Swap (the "Development Project") within that master planned
community located within the City known as EastLake and Developer has obtained certain land
use entitlements from the City which permit the development of the Development Project; and
WHEREAS, the development of the Development Project pursuant to such land use
entitlements is subject to certain conditions, including but not limited to, the requirement that the
Developer construct certain public improvements to serve the Development Project including the
improvements identified as Improvements Nos. 2 through 8 in Exhibit A attached hereto and
incorporated herein by this reference (the "Development Project Improvements"); and
WHEREAS, such land use entitlements also describe the threshold of building permits
that may be issued for the Development Project as the result of traffic impacts on roadways
within the City; and
WHEREAS, the City's Growth Management Oversight committee, in its annual
threshold compliance report, noted that development in the eastern portion of the City which
includes the Development Project was starting to strain the capacity of existing roadways
resulting in added congestion and traffic delays; and
WHEREAS, the City has determined that it is necessary to expedite the construction of
certain traffic enhancement projects, including the Telegraph Canyon Roadway Improvements
defined below (individually, a "Traffic Enhancement Improvement" and collectively, the
"Traffic Enhancement Improvements"), located in the eastern part of the City in order to
maintain the City's threshold standard and quality of life until the completion of more of the
overall transportation network in the eastern part of the City; and
WHEREAS, in order for the Developer and the master developers of other properties
located in the City east of the 1-805 freeway to continue to receive building permits beyond the
current thresholds identified in the existing land use entitlements for the Development Project
and other developments in the eastem portion of the City, such developers must contribute to the
financing of the construction of the Traffic Enhancement Improvements; and
WHEREAS, in order to provide for the financing of one of the Traffic Enhancement
Improvements, the Developer, together with certain other master developers (the "Other Master
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Developers"), have entered into that certain Agreement for the Construction of Roadway
Improvements for Traffic Enhancement (the "Telegraph Canyon Traffic Enhancement
Agreement") made as of , 2002, to establish a system for the financing and
construction of certain improvements to Telegraph Canyon Road identified in the Telegraph
Canyon Traffic Enhancement Agreement (the "Telegraph Canyon Roadway Improvements");
and
WHEREAS, the Developer requested that the City consider and the City did consider and
form CFD No. 06-I and designated two improvement areas therein ("Improvement Area 'A'" and
"Improvement Area 'B'", each an "Improvement Area" and collectively the "Improvement
Areas") under the terms and conditions of the "Mello-Roos Community Facilities Act of 1982,"
as amended (Government Code Section 53311 and following) (the "Act"), for the purpose of
financing the acquisition or construction of the Development Project Improvements and
Developer's fair share of the cost of the acquisition or construction of the Traffic Enhancement
Improvements, together with appurtenances and appurtenant work (the Development Project
Improvements and the Traffic Enhancement Improvements are referred to herein individually as
an "Improvement" or collectively as the "Improvements"); and,
WHEREAS, Developer, in order to proceed in a timely way with development of the
Development Project, desires to construct certain of the Improvements that will, following the
completion of the construction thereof, be acquired, owned, operated and maintained by the City;
and,
WHEREAS, Developer, in order to meet its obligations under the Telegraph Canyon
Traffic Enhancement Agreement and under any future agreement which is mutually agreed to by
the Developer and the City to finance the Developer's share, if any, of cost of the construction of
other Traffic Enhancement Improvements ("Future Traffic Enhancement Agreement" - all
references to "Futura Traffic Enhancement Agreement" mean only an agreement that is mutually
agreed to by the Developer and the City), also desires to finance its Fair Share (as such term is
defined in the Telegraph Canyon Traffic Enhancement Agreement) of the cost of the design of,
grading for and construction of the Telegraph Canyon Roadway Improvements and its fair share
("Additional Fair Share") as established by any Future Traffic Enhancement Agreement which is
mutually agreed to by the Developer and the City of the cost of the construction of any other
Traffic Enhancement Improvements; and,
WHEREAS, the City, CFD No. 06-1 and Developer agree that the Improvements to be
constructed by the Developer may, upon the completion of the construction thereof, be acquired
by the City through financing provided by CFD No. 06-1 at prices determined pursuant to and in
accordance with the provisions of this Agreement; provided, however, (a) if the Developer
constructs any Telegraph Canyon Roadway Improvements only that portion of the cost of
construction of such Telegraph Canyon Roadway Improvements' representing the Developer's
Fair Sham of such costs shall be paid pursuant to the terms and conditions of this Agreement and
the reimbursement to the Developer of the costs, if any, of construction of such Telegraph
Canyon Roadway ImProvements which are allocable to the Other Master Developers pursuant to
the Telegraph Canyon Traffic Enhancement Agreement shall be governed by the terms and
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conditions thereof and (b) if the Developer constructs any other Traffic Enhancement
Improvement only that portion of the cost of construction of such Traffic Enhancement
Improvement representing the Developer"s Future Fair Share of such costs shall be paid pursuant
to the terms and conditions of this Agreement and the reimbursement to the Developer of the
costs, if any, of construction of such Traffic Enhancement Improvement which are allocable to
other parties pursuant to a Future Traffic Enhancement Agreement applicable to such Traffic
Enhancement Improvement shall be governed by the terms and conditions thereof; and,
WHEREAS, except for the reimbursement of (a) the costs of construction of Telegraph
Canyon Roadway Improvements constructed by the Developer which are allocable to Other
Master Developers pursuant to the Telegraph Canyon Traffic Enhancement Agreement or (b) the
costs of construction of any other Traffic Enhancement Improvement constructed by the
Developer which are allocable to any other party pursuant to a Future Traffic Enhancement
Agreement applicable to such Traffic Enhancement Improvement, the City and the Develol~er
further agree that payment by the City for the acquisition of the Improvements shall be funded
solely from the proceeds of bonds which shall be issued by CFD No. 06-I for each Improvement
Area and which shall be secured by the levy of special taxes by CFD No. 06-1 within each such
Improvement Area; and,
WHEREAS, it is the intent of this Agreement that Developer shall be entitled pursuant to
the provisions of this Agreement to be paid for each of the Improvements constructed by the
Developer at the prices as determined by the City pursuant to this Agreement upon: (a) the sale
and delivery of bonds by CFD No. 06-1 the proceeds of which shall be authorized and designated
to make the payments to acquire such Improvements and (b) the completion of the construction
of each such Improvement; and,
WHEREAS, CFD No. 06-I is willing to finance the acquisition of and acquire the
Improvements to be constructed by the Developer and to finance the Developer's Fair Share of
the cost of the Telegraph Canyon Roadway Improvements if constructed by a party other than
the Developer subject to the requirements of the Act, the City of Chula Vista Statement of Goals
and Policies Regarding the Establishment of Community Facilities Districts adopted by the City
Council (the "Goals and Policies"), this Agreement, the Telegraph Canyon Traffic Enhancement
Agreement and any Future Traffic Enhancement Agreement and Developer desires that CFD No.
06-I so finance the acquisition and acquire such Improvements and finance Developer's Fair
Share of the cost of the Telegraph Canyon Roadway Improvements and Developer's Future Fair
Share, if any, of the cost of other Traffic Enhancement Improvements.
NOW, THEREFORE, IT IS MUTUALLY AGREED between the respective parties as follows:
SECTION 1. Recitals. The above recitals are all true and correct.
SECTION 2. Plans and Specifications. All plans, specifications and bid documents for the
Improvements (the "Plans and Specifications") and all changes in the Plans and Specifications
necessitated by change orders shall be prepared by the Developer at the Developer's initial
expense, subject to City approval. The costs of acquisition of such Improvements shall include
Execution Copy
costs of the preparation of the Plans and Specifications and all related documentation as set forth
in Section 8 below.
Developer shall not award bids for construction, commence construction or cause
commencement of construction of an Improvement until the Plans and Specifications for such
Improvement have been approved by the City.
SECTION 3. Design, Bid and Construction of Improvements. Developer covenants and
agrees that each Improvement to be acquired from Developer pursuant to this Agreement shall be
designed, bid and constructed
(a) in substantial compliance with the approved Plans and Specifications for such
Improvement;
(b) in a good and workmanlike manner by well-trained adequately supervised
workers;
(c) in strict compliance with all governmental and quasi-governmental rules,
regulations, laws, building codes and ali requirements of Developer's insurers and
lenders;
(d) free of any known design flaws and defects; and
(e) in compliance with the requirements of Exhibit C hereto which is incorporated
herein by this reference.
SECTION 4. Inspection and Acceptance of the Improvements. The construction activities
relating to the Improvements shall be subject at all reasonable times to inspection by authorized
representatives of City. Once an Improvement to be acquired by City is substantially completed
in accordance with the approved Plans and Specifications, then such Improvement shall be
eligible for payment of the Base Increment of the Purchase Price (as defined in Section 8 below)
therefor.
Prior to acceptance of any Improvement by City for purposes of paying the Retained
Increment (as defined in Section 8 below) of the Purchase Price, the Developer shall provide to
the City Engineer of the City, or his or her designee (the "City Engineer"), the documentation set
forth in this Section 4 and Section 8(c)(ii) below and obtain approval of as-built drawings for the
Improvement in accordance with the process described below in this Section 4. The engineer of
record for the Improvement ("Engineer of Record") shall file form PW-E-106 (Request for
Release of Bonds) with the City Engineer. Within 20 working days of such filing, the field
inspector of the City ("Field Inspector") or designee shall issue and transmit to the Engineer of
Record a letter requesting (i) as-built drawings and soils reports (when applicable) and (ii) a
punchlist of work to be completed or corrections to work to be completed before the
Improvement will be eligible for payment of the Retained Increment. Within 20 working days of
receipt of the Field Inspector's letter, the Engineer of Record shall prepare redline as-built
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drawings and submit them, together with any necessary soils reports, to the Field Inspector and
the Developer shall complete the items of work and/or corrections specified in the punchlist.
Within 10 working days of the Engineer of Record's submittal of the red lined as-built drawings,
the Field Inspector shall review such drawings and provide comments. The Engineer of Record
shall revise the redline as-built drawings per the Field Inspector's comments and resubmit within
10 working days. The Field Inspector shall make his final review within 5 working days of the
Engineer of Record's resubmittal and notify the Engineer of Record to prepare mylar as-built
drawings and a microfiche copy and submit both to the Public Works Director or his designee
and notify the Developer of any punchlist items which remain to be completed. The City and
Developer shall make best efforts to perform within the time periods described above. The
inability of City or Developer to perform within each time period, notwithstanding its best
efforts, shall not constitute a breach of this Agreement.
SECTION 5. Warranty of Improvements. At all times prior to the City's acceptance of an
Improvement, the Developer shall be responsible for maintaining the Improvement at the
Developer's expense. The Developer shall be obligated for the period of twelve (12) months
immediately following the City's acceptance of an Improvement to repair or replace, at
Developer's expense, any defects or failures resulting from the work of Developer, its contractors
or agents. Upon the expiration of such twelve (12) month period, Developer shall assign to City
and CFD No. 06-I its rights in and to any warranties, guarantees or other evidence of contingent
obligations of third persons with respect to such Improvement. As a condition precedent to the
payment of the Retained Increment (as defined in Section 8 below) of the Purchase Price,
Developer shall post a maintenance bond in a form reasonably approved by the City, cause such
a maintenance bond to be posted, or assign Developer's rights under such a maintenance bond
naming City and/or CFD No. 06-I as beneficiary in an amount equal to fifteen percent (15%) of
the Purchase Pr/ce of the Improvement in order to secure Developer's obligations pursuant to this
Section. Upon posting of such maintenance bond, the City shall release any performance, labor
and material bonds for such Improvement.
SECTION 6. Notice of Completion and Lien Releases. Upon completion of the construction
of an Improvement, Developer shall notify the City Engineer in writing of such completion and
shall prepare and execute a Notice of Completion for such Improvement in the form prescribed
by Section 3093 of the California Civil Code and shall record such notice in the Official Records
of the County of San Diego. Developer shall cause its contractors to provide unconditional lien
releases for such Improvement in accordance with Section 3262 of the Civil Code.
Notwithstanding the foregoing, City may waive the requirement for a Notice of Completion and
lien releases if City determines that as of the date of payment of the Retained Increment of the
Pumhase Price for an Improvement, title to such Improvement or portion thereof satisfies the
requirements for Acceptable Title (as hereinafter defined).
SECTION 7. Construction of the Telegraph Canyon Roadway Improvements or other
Traffic Enhancement Improvements. If and to the extent that the provisions of the Telegraph
Canyon Traffic Enhancement Agreement or Future Traffic Enhancement Agreement pertaining
to the design, construction, acceptance and warranty of the Telegraph Canyon Roadway
Improvements or any other Traffic Enhancement Improvements conflict with the provisions of
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this Agreement, the provisions of the Telegraph Canyon Traffic Enhancement Agreement or
Future Traffic Enhancement Agreement, as applicable, shall prevail over the conflicting
provisions of this Agreement.
SECTION 8. Payment of Purchase Price.
(a) Amount of Purchase Price. The amount to be paid by City for the Improvements to be
constructed by and acquired from Developer (the "Purchase Price") shall, as to each such
Improvement, (i) be determined by City in accordance with the provisions of this Section 8, (ii)
equal the lesser of the cost or the value thereof, (iii) include the reasonable cost or value of
eligible appurtenant public facilities, (iv) include the costs of the title insurance policy described
in Section 11 (a), and (v) include all other costs of construction and incidental costs eligible
under the Act and the Goals and Policies as a part of the cost of the Improvements; provided,
however, the Pumhase Price to be paid pursuant to this Agreement for (y) any Telegraph Canyon
Roadway Improvements constructed by the Developer shall not exceed the Developer's Fair
Share of the cost of the construction of such Roadway Improvements determined pursuant to the
provisions of the Traffic Enhancement Agreement or (z) any other Traffic Enhancement
Improvement constructed by Developer shall not exceed the Developer's Future Fair Share of the
cost of construction of such Traffic Enhancement Improvement determined pursuant to the
provisions of the applicable Future Traffic Enhancement Agreement, and provided further that
the aggregate Purchase Price for any Improvement included in the City's Traffic Development
Impact Fee ("TDIF") program shall not exceed the aggregate TDIF obligation for the property
within CFD No. 06-1.
Incidental costs eligible to be included in the Purchase Price of any Improvement shall
include the following:
(i) Usual and customary design and engineering costs not to exceed the following
percentages:
a. Civil engineering - 7.5% of the cost of the construction of the
Improvement for which the service was performed.
b. Soils engineering - 15% of the cost of the grading for the Improvement.
c. Landscape architecture - 10% of the cost of applicable landscaping and
irrigation relating to the Improvement.
d. Survey and construction staking - 2% of the combined cost of the
construction and grading for the Improvement.
e. Utility engineering/coordination - 3% of the cost of the construction of the
applicable dry utilities.
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(ii) Construction administration and supervision not to exceed, in aggregate, 1.75% of
the total construction cost of the Improvement.
(iii) Special engineering studies related to "collector" or "transmission" facilities as
reviewed and approved by the Public Works Director.
(iv) Plan check and inspection fees (less any refunds).
(v) Capacity or connection fees related solely to the Improvement.
(vi) Costs of acquisition of off-site rights-of-way and/or easements including the
following:
a. Appraisal and title insurance costs.
b. Costs of preparing acquisition plats.
c. The appraised value or actual cost of right-of-way or easement, whichever
is less.
d. Legal fees and costs related to eminent domain proceedings approved by
the City Attorney.
(vii) Costs of environmental review, permitting and mitigation related to the
Improvement.
In no event shall the cost or value of the construction of the Improvements be deemed to
exceed the construction contract prices set forth in the contracts and change orders approved by
City ("Approved Change Orders") pursuant to the applicable provisions of Exhibit "C" hereto,
which is incorporated herein by this reference, or otherwise authorized pursuant to this
Agreement.
Notwithstanding the foregoing, the aggregate Pumhase Price of the acquisition of all new
utilities to be owned by a public utility or public utilities may not exceed 5% of the proceeds of
the series of the Bonds to be utilized to pay such Pumhase Price less that portion of the reserve
fund, costs of issuance and other incidental costs allocable to such amount.
(b) Incremental Payment of Purchase Price of an Improvement other than a Traffic
Enhancement Improvement. The Pumhase Price for any Improvement constructed by the
Developer, other than a Traffic Enhancement Improvement, shall be payable in not to exceed two
increments: the "Base Increment" which shall be an amount not to exceed 75% of the Pumhase
Price for such Improvement and the "Retained Increment" which shall be an' amount not to
exceed the remaining, unpaid portion of the Purchase Price for such Improvement determined
pursuant to the provisions of(a) above.
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(c) Requisition for Incremental Payment of Pumhase Price of an Improvement other than a
Traffic Enhancement Improvement.
(i) Base Increment. The Developer may submit only one (1) written request to the
City Engineer for the payment of the Base Increment for an Improvement, other than a
Traffic Enhancement Improvement, upon the substantial completion of the construction
of such Improvement in accordance with the approved Plans and Specifications. The
criteria for determining "substantial completion" of each such Improvement is described
in Exhibit B and shall mean generally that construction, or work with respect to such
Improvement has progressed to the point where it is sufficiently complete so that such
Improvement can be utilized for the purpose for which it was intended. Substantial
completion of such an Improvement shall also mean that all components of such
Improvement are substantially complete, e.g., in the case of Improvement including
streets (other than streets included in the Traffic Enhancement Improvements), the
components are described in footnote 1 to Exhibit A. Each Base Increment payment
request must be in the form attached hereto as Exhibit D - 1, which is incorporated herein
by this reference, and conform to the requirements of (d) below. The request for payment
of the Base Increment for an Improvement shall be accompanied by a copy of the
following documents related to the construction of such Improvement: (1) each
construction contract, (2) each change order, (3) each invoice submitted pursuant to such
construction contracts, (4) evidence of payment of each such invoice such as copies of
cancelled checks or other evidence of payment satisfactory to the City Engineer, and (5)
written conditional lien releases executed by each applicable contractor, subcontractor
and materialman in a form satisfactory to the City Attorney of the City (the "City
Attorney") for such Improvement.
(ii) Retained Increment. The Developer may submit only one (1) written request to
the City Engineer for the payment of the Retained Increment for an Improvement, other
than a Traffic Enhancement Improvement, in the form attached hereto as Exhibit D - 2,
which is incorporated herein by this reference, upon the submission to the City Engineer
of (1) as-built drawings or other equivalent plans and specifications for such
Improvement in a form reasonably acceptable to the City, (2) evidence that the
Developer has posted a maintenance bond for such Improvement as required by Section 5
hereinabove, (3) evidence of the satisfaction of the requirements of Section 10,
hereinbelo~v directly related to such Improvement and (4) written unconditional lien
releases from all contractors, subcontractors and materialmen satisfactory to the City
Attorney for such Improvement.
(d) Incremental Payment of Purchase Price of Traffic Enhancement Improvements. The
Purchase Price for any Traffic Enhancement Improvement shall be payable in not to exceed two
increments: the "Base Increment" which shall be an amount not to exceed 50% of (i) the
Developer's Fair Share of the cost of the construction of such Telegraph Canyon Roadway
Improvement or (ii) the Developer's Future Fair Share of the cost of construction of any other
Traffic Enhancement Improvement, as applicable, and the "Retained Increment" which shall be
an amount not to exceed the remaining, unpaid portion of (y) the Developer's Fair Share of the
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cost of the Telegraph Canyon Roadway Improvement or (z) the Developer's Future Fair Share of
thc cost of any other Traffic Enhancement Improvement, as applicable.
(e) Requisition for Incremental Payment of Purchase Price of a Traffic Enhancement
Improvement.
(i) Base Increment. The Developer may submit a written request to the City
Engineer in the form attached hereto as Exhibit D - 3, which is incorporated herein by
this reference, for the payment of all or any portion of the Base Increment for a Traffic
Enhancement Improvement upon the completion of fifty percent (50%) the construction
by thc Developer of such Traffic Enhancement Improvement. A Traffic Enhancement
Improvement will be deemed to be 50% complete when the City Engineer has determined
that the Developer has expended an amount equal to 50% of the contract price for such
Traffic Enhancement Improvement.
(ii) Retained Increment. The Developer may submit a written request to the City
Engineer for the payment of the Retained Increment for a Traffic Enhancement
Improvement in the form attached hereto as Exhibit D - 4, which is incorporated herein
by this reference, upon the completion of the construction of such Traffic Enhancement
Improvement and acceptance thereof by the City.
(iii) Required Documentation. Any request for payment of the Base Increment,
Retained Increment or any portion thereof of the Purchase Price for a Traffic
Enhancement Improvement constructed by thc Developer shall be accompanied by a copy
of the following documents related to the construction of such Traffic Enhancement
Improvement and the payment requested in such request for payment: (1) evidence of
payment of each invoice such as copies of cancelled checks or other evidence of payment
satisfactory to the City Engineer upon which the request for payment is based and (2)
written conditional lien releases executed by each applicable contractor, subcontractor
and materialman in a form satisfactory to the City Attorney.
(f) Documentation. Any payment request submitted by Developer shall be properly
executed and shall include copies of all supporting documents required by subsection (c)(i), (c),
(d) or (e), as applicable.
(g) Review of Payment Request for an Improvement. The City Engineer or his designee
shall review each payment request and the supporting documentation accompanying such
payment request. If the City Engineer finds that any such payment request is incomplete,
improper or otherwise not suitable for approval, the City Engineer shall inform Developer in
writing within twenty (20) working days after receipt thereof, the reasons for his finding.
Developer shall have the right to respond to this finding by submitting further documentation
after receipt of the denial. The City Engineer shall review any further documentation received
from the Developer in support of a payment request and inform Developer of his approval or
denial of the payment request as supplemented in accordance with this Section within ten (10)
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working days after receipt of the supplemental documentation. A resubmittal of a payment
request shall be deemed a new payment request for purposes of this Section.
Subject to the limitations set forth herein, costs incurred under a construction contract for
an Improvement entered into pursuant to the requirements of this Agreement, the Telegraph
Canyon Traffic Enhancement Agreement or a Future Traffic Enhancement Agreement, as
applicable, and Approved Change Orders shall be deemed to be reasonable and, subject to the
other provisions of this Agreement, shall be included in the Purchase Price for such
Improvement.
The City Engineer shall, after the sale of the series of Bonds (defined in Section 20
below) pursuant to Section 20 the proceeds of which are intended to be used to acquire the
subject Improvements and after his or her approval of a payment request, immediately forward a
request to the Director of Finance of the City notifying the Director of Finance of his or her
approval of the payment request and requesting that such payment be made to the appropriate
payee. The Director of Finance shall process any such request of the City Engineer pursuant to
the applicable procedures of the Finance Department and shall make or authorize such payment
pursuant to such procedures and subsection (h) below.
(h) Payment.
(i) Priority of Payment of Cost of Construction or Purchase Price for
Improvements. The City and the Developer acknowledge and agree that the cost of
acquisition or construction of all Improvements may exceed the aggregate amount of the
Bond proceeds which will be available for the payment of that portion of cost of
construction or the Purchase Price, as applicable, for all of such Improvements eligible to
be paid from the proceeds of the Bonds. As a result the City and Developer agree that the
payment of the cost of construction or the Purchase Price, as applicable, for
Improvements shall be prioritized as follows:
Priority 1: Improvement No. 1 ("Traffic Enhancement Improvements") in
Exhibit A.
Priority 2: Improvement Nos. 2-8 in Exhibit A.
The cost of construction or Purchase Price for any lower priority Improvement
shall not be paid until the cost of construction or Purchase Price for all higher priority
Improvements has been paid or if sufficient proceeds of the Bonds are reasonably
determined to be available to fully fund the cost of construction or Purchase Price of the
higher priority Improvements, based upon the estimates of the cost of construction or the
estimates or approved Purchase Prices, as applicable, for such higher priority
Improvements on Exhibit A.
(ii) Timing of the Payment of the Purchase Price for an Improvement. Subject
to the limitations contained in (i) above and (iii) and (iv) below, the increment of the
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Purchase Price for each Improvement shall be paid to Developer within thirty (30) days
after the date of the City Engineer's approval of the payment request for any such
increment; provided, however, no Retained Increment for any Improvement other than
Traffic Enhancement Improvements shall be paid earlier than thirty-five (35) days after
the recording of a Notice of Completion for such Improvement.
(iii) Source of Payment. The Purchase Price or any increment thereof for an
Improvement shall be payable to the Developer solely from those proceeds ("Eligible
Improvement Proceeds") of the sale of that series of Bonds as provided in Section 20
hereof authorized and designated for the payment for such Improvement, after all costs of
formation of CFD No. 06-I and all costs of issuance of such Bonds have been paid and
deposits of accrued and capitalized interest to the redemption fund and the initial deposit
to the reserve fund have been made.
(iv) VFithholding of Payment. In addition to the foregoing, the City shall have the
right to withhold payment of the Purchase Price or any increment thereof of any
Improvement if (a) the Developer is delinquent in the payment of any assessment
installments or special taxes levied by the City or a community facilities district
established by the City on properties then owned by the Developer within CFD No. 06-1,
(b) the City Engineer reasonably determines that the Developer is not then in substantial
compliance with all applicable conditions and obligations imposed upon the Developer
hereunder or upon the Development pursuant to the land use entitlements approved by the
City for the Development, including but not limited to, payment of all applicable fees,
dedication of all applicable rights-of-way or other property and construction of all
applicable public improvements. The City Engineer shall provide written notice to the
Developer of the decision to withhold any such payment and shall specify the reason for
such decision. If the payment is withheld as a result of the delinquency in the payment of
assessment installments or special taxes, the notice shall identify the delinquent parcels
and the amount of such delinquency. If the payment is withheld as a result of substantial
non-compliance with a condition or obligation, the notice shall specify such condition or
obligation and what action will be necessary by the Developer to substantially comply
with such condition or obligation. Upon receipt by the City Engineer of evidence
reasonably satisfactory to the City Engineer of the payment of the delinquent special
taxes or assessments or upon the determination by the City Engineer that the Developer
has substantially complied with the subject condition or obligation, the City shall
forthwith make any payment which has been withheld pursuant to the provisions of this
paragraph.
SECTION 9. Financing of Developer's Fair Share or Future Fair Share.
(a) Financing Developer's Fair Share of Telegraph Canyon Roadway Improvements.
(i) Telegraph Canyon Roadway Improvement Account. Subject to adjustment as
provided for in the following paragraph, a portion of the proceeds of the Bonds in an amount
equal to the Developer's Fair Share, currently estimated to be $1,000,000 shall be deposited in a
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separate account (the "Telegraph Canyon Roadway Improvement Account") to be established
pursuant to the bond indenture setting forth the terms and conditions pursuant to which the
Bonds shall be issued and sold (the "Bond Indenture"). Pursuant to the requirements of this
Section 9(a), the City may from time to time authorize the disbursement of funds on deposit in
the Telegraph Canyon Roadway Improvement Account to pay for the acquisition or construction
of the Telegraph Canyon Roadway Improvements in accordance with the provision hereof and
the Telegraph Canyon Traffic Enhancement Agreement.
(ii) Adjustment of Developer's Fair Share. The Developer's Fair Share is subject to
adjustment pursuant to the terms of the Telegraph Canyon Traffic Enhancement Agreement. If
the Fair Share specified in the preceding paragraph is modified pursuant to the Telegraph Canyon
Traffic Enhancement Agreement subsequent to the issuance of the Bonds, the portion of the
proceeds of the Bonds deposited in the Telegraph Canyon Roadway Improvement Account shall
be increased or reduced, as applicable, to equal the Fair Share as modified. If the Fair Share is
modified so that the amount on deposit in the Telegraph Canyon Roadway Improvement
Account then exceeds the Fair Share as modified, the City shall authorize the release of such
excess amount from the Telegraph Canyon Roadway Improvement Account and the transfer of
such amount therefrom pursuant to the provisions of the Bond Indenture. If the Fair Share is
modified so that the amount on deposit in the Telegraph Canyon Roadway Improvement
Account, together with all prior disbursements from the Telegraph Canyon Roadway
Improvement Account to pay Developer's Fair Share of the cost of construction of the Telegraph
Canyon Roadway Improvements, is then less than the Fair Share as modified, the City shall
notify the Developer in writing of such deficit and request that the Developer deposit funds in the
amount of such deficit with Director of Finance within fifteen (15) business days of the date of
such notice. If the Developer fails to deposit such funds with such time period, the City may
authorize the transfer of an amount equal to such deficit from Eligible Improvement Proceeds to
the Telegraph Canyon Roadway Improvement Account.
(iii) Construction of Telegraph Canyon Roadway Improvements by Party Other
than Developer. If the Telegraph Canyon Roadway Improvements are constructed pursuant to
the Telegraph Canyon Traffic Enhancement Agreement by a party other than the Developer, the
City may request pursuant to the Telegraph Canyon Traffic Enhancement Agreement that the
Fiscal Agent disburse funds from the Telegraph Canyon Roadway Improvement Account to pay
Developer's Fair Share of the cost of construction of the Telegraph Canyon Roadway
Improvements pursuant to the Traffic Enhancement Agreement.
(iv) Surplus Funds. If funds remain on deposit in the Telegraph Canyon Roadway
Improvement Account upon completion of the construction or acquisition of Telegraph Canyon
Roadway Improvements and the payment of Developer's final Fair Share amount, such funds
shall be released from the reservation established pursuant to this Section 9(a) and such funds
shall be made available to pay the Purchase Price of other Improvements.
In the event that the City elects not to require the construction or acquisition of all or
some portion of the Telegraph Canyon Roadway Improvements, the funds then on deposit in the
Telegraph Canyon Roadway Improvement Account and not then allocated or necessary to pay
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Developer's Fair Share of the costs of the acquisition or construction of Telegraph Canyon
Roadway Improvements shall be released from the reservation established pursuant to this
Section 9(a) and such funds shall be made available to pay the Purchase Price of other
Improvements.
(v) Limitation on Use of Funds in Telegraph Canyon Roadway Improvement
Account. Except as provided in this Section 9(a), funds on deposit in the Telegraph Canyon
Roadway Improvement Account may not be utilized to pay all or any portion of the Purchase
Price of any other Improvements.
(vi) Investment of Funds on Deposit in Telegraph Canyon Roadway Improvement
Account. The Bond Indenture shall provide that all funds on deposit in the Telegraph Canyon
Roadway Improvement Account shall be invested in such permitted investments as may he
established by the terms of the Bond Indenture. All earnings on such investments shall be
deposited in the improvement fund established by the Bond Indenture and shall be available to
pay for the acquisition or construction of the Improvements pursuant to the terms of such Bond
Indenture and this Agreement.
(b) Financing Developer's Future Fair Share of other Traffic Enhancement Improvements.
(i) Traffic Enhancement Improvement Account. Subject to adjustment as provided
for in the following paragraph, a portion of the proceeds of the Bonds in an amount equal to the
Developer's Future Fair Share of the cost of the acquisition or construction of other Traffic
Enhancement Improvements may be deposited in the Traffic Enhancement Improvement
Account. Pursuant to the requirements of this Section 9(b), the City may from time to time
authorize the disbursement of funds on deposit in the Traffic Enhancement Improvement
Account to pay for the acquisition or construction of other Traffic Enhancement Improvements
in accordance with the provision hereof and the Future Traffic Enhancement Agreement.
(ii) Adjustment of Developer's Future Fair Share. The Developer's Future Fair
Share is subject to adjustment pursuant to the terms of the Future Traffic Enhancement
Agreement. If the Future Fair Share specified in the preceding paragraph is modified pursuant to
the Future Traffic Enhancement Agreement subsequent to the issuance of the Bonds, the portion
of the proceeds of the Bonds deposited in the Traffic Enhancement Improvement Account shall
be increased or reduced, as applicable, to equal the Future Fair Share as modified. If the Future
Fair Share is modified so that the amount on deposit in the Traffic Enhancement Improvement
Account then exceeds the Future Fair Share as modified, the City shall authorize the release of
such excess amount from the Traffic Enhancement Improvement Account and the transfer of
such amount therefrom pursuant to the provisions of the Bond Indenture. If the Future Fair Share
is modified so that the amount on deposit in the Traffic Enhancement Improvement Account,
together with all prior disbursements from the Traffic Enhancement Improvement Account to
pay Developer's Future Fair Share of the cost of construction of other Traffic Enhancement
Improvements, is then less than the Future Fair Share as modified, the City shall notify the
Developer in writing of such deficit and request that the Developer deposit funds in the amount
of such deficit with Director of Finance within fifteen (15) business days of the date of such
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notice. If the Developer fails to deposit such funds with such time period, the City may authorize
the transfer of an amount equal to such deficit from Eligible Improvement Proceeds to the Traffic
Enhancement Improvement Account.
(iii) Construction of Telegraph Canyon Roadway Improvements by ParO~ Other
than Developer. If other Traffic Enhancement Improvements are constructed pursuant to the
Future Traffic Enhancement Agreement by a party other than the Developer, the City may
request pursuant to the Future Traffic Enhancement Agreement that the Fiscal Agent disburse
funds from the Traffic Enhancement Improvement Account to pay Developer's Future Fair Share
of the cost of construction of other Traffic Enhancement Improvements pursuant to the Future
Traffic Enhancement Agreement.
(iv) Surplus Funds. If funds remain on deposit in the Traffic Enhancement
Improvement Account upon completion of the construction or acquisition of Telegraph Canyon
Roadway Improvements and the payment of Developer's final Future Fair Share amount, such
funds shall be released from the reservation established pursuant to this Section 9(b) and such
funds shall be made available to pay the Purchase Price of other Improvements.
In the event that the City elects not to require the construction or acquisition of all or
some portion of other Traffic Enhancement Improvements, the funds then on deposit in the
Traffic Enhancement Improvement Account and not then allocated or necessary to pay
Developer's Future Fair Share of the costs of the acquisition or construction of Telegraph
Canyon Roadway Improvements shall be released from the reservation established pursuant to
this Section 9(b) and such funds shall be made available to pay the Purchase Price of other
Improvements.
SECTION 10.Audit. The authorized representatives of City shall have the right, upon two (2)
days prior written notice to Developer and during normal business hours, to review all books and
records of Developer pertaining to costs and expenses incurred by Developer in construction of
the Improvements.
SECTION 11. Ownership and Transfer of Improvements. The conveyance of the
Improvements by Developer to City shall be in accordance with the following procedures:
(a) Improvements Constructed on Land not Owned by City. As a condition to the payment
of the Retained Increment of the Purchase Price, Developer shall cause an irrevocable
offer of dedication to be made to City or an outright, grant of a fee interest or easement
interest as appropriate, in the sole discretion of the City of the appropriate right, title and
interest in and to the portion of the applicable property owned by the Developer related to
the applicable Improvement, including any temporary construction or access easements.
Developer, whether or not it is the entity constructing the Improvements, agrees to
execute and deliver to the City the documents required to complete the transfer of
Acceptable Title for property owned by the Developer upon or within which such
Improvements are to be located. For purposes of this Agreement, the term "Acceptable
Title" shall mean title to the portion of the property to be conveyed free and clear of all
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taxes, liens, encumbrances, assessments, easements, leases, whether any such item is
recorded or unrecorded, except (!) non-delinquent taxes and assessments and (ii) those
non-monetary encumbrances and easements which are reasonably determined by the City
not to interfere with the intended use of the portion of the property. As a further
condition to the payment of the Retained Increment of the Pumhase Price for any
Improvement, Developer at its sole initial cost and expense, subject to reimbursement
pursuant to Section 8, shall cause to be issued a policy of title insurance for such portion
of the property in an amount not to exceed the Purchase Price and in the form normally
required by City in connection with the dedication of land for subdivision improvements
and containing such title endorsements as may be reasonably requested by City. City's
final acceptance of the portion of the property and the Improvements constructed thereon
shall not be unreasonably withheld or delayed.
(b) Improvements Constructed on Land Owned by City. If Developer is authorized to
construct an Improvement on land owned in fee by City or on land over which the City
owns an easement Developer shall obtain the necessary encroachment permits to enter
such land for purposes of constructing such Improvement. City shall cooperate with
Developer in issuing such encroachment permits. The Improvements shall be inspected
by City on an ongoing basis.
SECTION 12. Grading and Subdivision Improvement Bonds. Except as provided below or as
may be provided in the Traffic Enhancement Agreement or any Future Traffic Enhancement
Agreement, Developer shall be required to post or cause the posting of bonds or other security
acceptable to the City to guarantee completion of the Improvements in accordance with City's
standard subdivision requirements and conditions of approval of the Development (the
"Conditions of Approval"). Labor and materials bonds shall also be required to be provided by
the Developer's contractor for all Improvements to be constructed under this agreement. Such
bonds shall name the City of Chula Vista as additional obligee and shall remain in effect until the
final acceptance of the Improvements by the City Engineer. The present6 of Bond proceeds shall
not relieve the Developer of requiring this obligation of the Developer's contractor.
Performance and labor and material bonds for ,specific Improvements shall not be
required or may be released if: (1) such Improvements constitute a portion of the required
subdivision improvements, (2) Bond proceeds equal to 125% of the estimated cost to construct or
acquire such Improvements are available and set aside for such purpose, and (3) the
Improvements are to be constructed or acquired entirely with the proceeds of the Bonds.
Provided that conditions (1) and (2) are satisfied, if an Improvement is to be constructed or
acquired only in part with the proceeds of the Bonds, performance and labor and material bonds
shall not be required for that portion of the Improvements to be so constructed or acquired except
with respect to the portion that will not be acquired or constructed with Bond proceeds. In the
event that the Bond proceeds that are available and may be set aside to fund the cost to construct
or acquire an Improvement are less than 125% of the estimated cost thereof, the Developer shall
be required to provide a performance and labor and material bond or other security satisfactory to
the City Engineer and the City Attorney in the amount of such deficiency. City will cooperate
with Developer in the termination or exoneration of any performance and labor and material
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bonds assuring completion of Improvements for which bonds have been sold. The City Engineer
shall be the sole judge of determining release of such bonds.
SECTION 13. Indemnification by Developer. Developer shall defend, indemnify and hold
harmless City, its officers, directors, employees and agents, and CFD No. 06-1, its officers,
directors, employees and agents from and against any and all claims, losses, liabilities, damages,
including court costs and reasonable attorneys' fees by reason of, or resulting from, or arising out
of the design, engineering and construction of the Improvements by the Developer, its
employees, agents, independent contractors and/or representatives; provided that any claims
which relate to the Improvements shall be limited to those arising out of personal injury or
property damage caused by actions or omissions by Developer or Developer's employees, agents,
independent contractors or representatives which occurred during the period prior to the transfer
of title to the Improvements by City, whether or not a claim is filed prior to the date of
acceptance of the Improvements. Nothing in this Section 13 shall limit in any manner the rights
of the City and/or CFD No. 06-1 against any of the architects, engineers, contractors or other
consultants employed by the Developer which has performed work in connection with
construction or financing of the Improvements. Notwithstanding the foregoing, Developer shall
have no obligation to defend, indemnify or hold harmless the City, its officers, directors,
employees and agents, CFD No. 06-I, its officers, directors, employees and agents, from and
against any claims, liabilities, losses or damages (including court costs and attorneys' fees)
which result from or arise out of the sole negligence or willful misconduct of the City, its
officers, directors, employees, or agents, or CFD No. 06-I, its officers, directors, employees, or
agents.
Except as set forth in this Section 13, no provision of this Agreement shall in any way
limit the extent of the responsibility of Developer for payment of damages resulting from the
operations of the Developer, its agents, employees or contractors.
SECTION 14. Obligation of City and CFD No. 06-I. Neither the City nor CFD No. 06-I has a
legal or financial obligation to construct or finance the actual construction of the Improvements.
Except with respect to any portion of the cost of the construction by the Developer of the Traffic
Enhancement Improvements above an amount equal to the Developer's Fair Share or Future Fair
Sham which is reimbursable pursuant to the Traffic Enhancement Agreement or a Future Traffic
Enhancement Agreement, all costs incurred for actual construction of the Improvements,
including all incidentals thereto, shall be borne by Developer, and the obligations of the City and
Community Facilities District are limited to the acquisition of the Improvements pursuant to the
provisions of this Agreement.
SECTION 15. Failure by Developer to Construct Improvements.
(a) Improvements Other Than Traffic Enhancement Improvements. At any time
following commencement of the construction of any Improvements, other than Traffic
Enhancement Improvements, by Developer City determines that such construction is not
progressing within a reasonable time in accordance with the Conditions of Approval or the
Developer fails to demonstrate a continuing ability to complete the construction of such
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Improvement in accordance with the Conditions of Approval, the City may give written notice of
such failure of performance to the Developer. Developer shall have sixty (60) days from the date
of receipt of such notice to either (i) cure such failure of performance by demonstrating to the
satisfaction of the City during such cure period reasonable progress in the construction of the
Improvement and a continuing ability to complete the construction of such Improvement in
accordance with the Conditions of Approval or (ii) reasonably demonstrate that such failure of
performance is due to cimumstances or conditions beyond Developer's reasonable control
("Force Majeure") including, without limitation, the City's actions, omissions or inaction which
result in a delay of performance by Developer, labor disputes, acts of God, war, riots,
insurrections, civil commotions, moratoriums, inability to obtain labor or materials or reasonable
substitutes for either, fire, unusual delay in transportation, and adverse weather conditions.
Should Developer fail to reasonably demonstrate such reasonable progress or such continuing
ability to complete the construction of such Improvement or Fome Majeure, the obligation of the
City to pay the Purchase Price for the acquisition of such Improvement pursuant to this
agreement may be terminated by the City by providing ten (10) days written notice to the
Developer. Upon termination, the City may in its sole discretion then proceed to advertise and
bid the balance of the construction of such Improvement, and there will be no further obligation
on the part of the City for payment of the Pumhase Price for such Improvement due to Developer
pursuant to this Agreement.
In the event that the City chooses not to advertise and bid the balance of the construction
of any such Improvement following such a termination, any monies remaining in the
improvement fund for CFD No. 06-I and set aside for the acquisition of such Improvement shall
be transferred to the redemption fund for CFD No. 06-I and used to call outstanding Bonds.
(b) Traffic Enhancement Improvements. Any delay in the construction by the
Developer of the Telegraph Canyon Roadway Improvements shall be subject to and governed by
the provisions of the Telegraph Canyon Traffic Enhancement Agreement. Any delay in the
construction by the Developer of any other Traffic Enhancement Improvement shall be subject to
and governed by the provisions of the applicable Future Traffic Enhancement Agreement.
SECTION 16. Agreement Contingent. As a precondition to the sale of each series of the Bonds
of CFD No. 06-1, Developer shall pay in cash to City an origination charge of 1.0% of the
amount of the principal amount of such series of the Bonds ("Origination Payment"). Each such
Origination Payment shall be at Developer's own expense and not recoverable from the proceeds
of the special taxes or from the proceeds of the Bonds. In the event that any series of the Bonds
are, for any reason, not sold, the amount of the Origination Payment made for such series of the
Bonds shall be returned to the Developer.
This Agreement is contingent upon the successful sale of Bonds, and it shall be null and
void if the first series of Bonds are not sold within a three (3) year period following the date of
this Agreement, or any mutually agreed extension; however, this time can be extended by request
of the Developer and concurrence of the legislative body.
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The City may, at its option, suspend the performance of its obligations under this
Agreement if any legal challenge is filed relating to the validity or enforceability of this
Agreement, CFD No. 06-I proceedings or the issuance of the Bonds. The obligations of the City
and CFD No. 06-I hereunder shall be reinstated upon the entry of a final judgment in any such
proceedings upholding the validity and enfomeability of the Agreement, CFD No. 06-I
proceedings and the issuance of the Bonds. In the event that a final judgment or other final and
non-appealable resolution is entered invalidating or declaring unenforceable this Agreement,
CFD No. 06-I proceedings or the issuance of the Bonds, the City and CFD No. 06-I may, at their
option, terminate this Agreement.
SECTION 17. Notice of Special Tax. Developer, or the successor or assigns of the Developer,
shall provide written notice to all potential purchasers of lots in the form required pursuant to
Government Code Section 53341.5 and/or such additional requirements as may be established by
the City so advising the potential owner of the fact of CFD No. 06-I, with said document being
executed by the potential purchaser. Such notice shall be provided to the potential purchaser a
reasonable time before the potential pumhaser becomes contractually committed to purchase the
lot so that the potential purchaser may knowingly consider the impact of the special tax in the
decision to purchase the lot. A copy of all such notices executed by actual purchasers shall be
sent to the City Engineer.
SECTION 18. Limitation of Aggregate Taxes and Assessments.
(a) Sales of Owner-occupied Residential Dwelling Units. Developer acknowledges that
Developer has included in all existing agreements to sell all or any portion of the property to any
person or entity for the purpose of constructing and marketing owner-occupied residential
dwelling units (a "Builder") and Developer agrees to include in any such future agreement
provisions requiring the inclusion of the following "escrow instructions" in all sales by such
Builder of owner-occupied residential dwelling units to residential home owners:
(1) At or prior to the close of each such escrow with a msidentiaI homeowner, the
escrow company shall apply a "calculation formula" previously approved by the City Engineer
and deposited with the escrow company by the Builder to determine the aggregate of all annual
ad valorem property taxes, all special taxes authorized to be levied to finance the construction or
acquisition of public facilities and all assessment installments authorized to be levied to finance
the construction or acquisition of public facilities (the "Total Annual Taxes and Assessments")
applicable to the parcel subject to such escrow (the "Applicable Parcel").
(2) If the Total Annual Taxes and Assessments exceed 2% of the sales price of the
Applicable Parcel, the Escrow Company will make immediate written demand upon the Builder
for deposit into the escrow of the funds necessary to partially prepay the special tax obligation
for CFD No. 06-I or any other community facilities district so that the Total Annual Taxes and
Assessments will thereafter be equal to or less than 2% of the sales price of the Applicable
Parcel. Such funds must be received by the escrow company prior to the close of escrow of the
sale of the Applicable Parcel. If the Builder elects to prepay a portion of the CFD No. 06-I
special tax obligation, the calculation of this prepayment amount shall be in accordance with the
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method of prepayment of special tax as set forth in the rate and method of apportionment of
special taxes approved by the qualified electors of CFD No. 06-I. Upon closing of such escrow,
the amount so deposited by the Builder pursuant to this escrow instruction shall be sent by the
escrow company to the Director of Finance, together with written instructions that such amount
is to be (i) used to partially prepay the special tax obligation of the Applicable Parcel for CFD
No. 06-I or (ii) sent to the public agency which formed the comrntmity facilities district for
which the special tax obligation has been prepaid with similar written instructions.
(3) The provisions of this Section 18(a) related to sales by Builders to residential
homeowners shall also apply to any sale by Developer of a parcel to a residential home owner.
(b) Sales of Custom Home Parcels.
(1) At or prior to the close of the escrow for the sale by the Developer or the
Developer's successor or assigns of a parcel on which a custom home is proposed to be built (a
"Custom Home Parcel"), the escrow company shall apply a "calculation formula" previously
approved by the City Engineer and deposited with the escrow company by the Developer or the
Developer's successor or assigns to determine the aggregate of all annual ad valorem property
taxes, all special taxes authorized to be levied to finance the construction or acquisition of public
facilities and all assessment installments authorized to be levied to finance the construction or
acquisition of public facilities (the "Total Annual Taxes and Assessments") applicable to such
Custom Home Parcel.
(2) If the Total Annual Taxes and Assessments exceed 2% of the sales price of the
Custom Home Parcel plus the Assumed Cost of Construction (defined below) (collectively, the
"Custom Home Parcel Sales Price"), the Escrow Company will make immediate written demand
upon the Developer, its successor or assign for deposit into the escrow of the funds necessary to
partially prepay the special tax obligation for CFD No. 06~I or any other community facilities
district so that the Total Annual Taxes and Assessments will thereafter be equal to or less than
2% of the Custom Home Parcel Sales Price for the applicable Custom Home Parcel. The
Assumed Construction Cost shall be established by the City Engineer assuming the construction
of a 3,200 square foot home at a cost of construction per square foot determined by the City
Engineer after consultation with the Developer and the Planning and Building Department of the
City. Such funds must be received by the escrow company prior to the close of escrow of the sale
of the applicable Custom Home Parcel. If the Developer elects to prepay in portion of the CFD
No. 06-I special tax obligation, the calculation of this prepayment amount shall be in accordance
with the method of prepayment of special tax as set forth in the rate and method of
apportionment of special taxes approved by the qualified electors of CFD No. 06-I. Upon closing
of such escrow, the amount so deposited by the Developer pursuant to this escrow instruction
shall be sent by the escrow company to the Director of Finance, together with written instructions
that such amount is to be (i) used to partially prepay the special tax obligation of the applicable
Custom Home Parcel for CFD No. 06-I or (ii) sent to the public agency which formed the
community facilities district for which the special tax obligation has been prepaid with similar
written instructions.
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(c) Remedy. The purchaser of any Applicable Parcel or Custom Home Pamel to which the
provisions of this Section 18 apply shall be deemed to be a third party beneficiary of Section 18.
In addition to any other remedy provided for by law or in equity, such purchaser or the City may
enforce the provisions of this Section 18 by an action for specific performance or injunctive relief
or both.
SECTION 19. Relationship to Public Works. This Agreement is for the construction and
acquisition of certain Improvements by City and the sale of the Bonds for the payment of
construction and acquisition costs for such Improvements and such other amounts as are herein
provided, and is not intended to be a public works contract. In performing its obligations under
this Agreement, Developer is an independent contractor and not the agent of City. City shall
have no responsibility for payment to any contractor or supplier of Developer. Notwithstanding
the foregoing, Developer may be subject to certain public contract requirements as provided in
Section 3 of this Agreement.
SECTION 20. Sale of Bonds. CFD No. 06-I shall, immediately upon the execution of this
Agreement by the parties hereto, proceed with the issuance and sale of bonds for Improvement
Area A (the "Improvement Area A Bonds") secured by the levy of special taxes within
Improvement Area A. CFD No. 06-I shall, immediately upon receipt of a written request from
the Developer, proceed with the issuance and sale of bonds for Improvement Area B (the
"Improvement Area B Bonds" and together with the Improvement Area A Bonds, the "Bonds")
secured by the levy of special taxes within Improvement Area B. Each series of Bonds shall be
sized so that as of the date of issuance of such series of Bonds the aggregate appraised value of
all taxable properties within the Improvement Area for which the Bonds are being issued shall be
at least 4 times the Land Secured Debt (defined below) allocable to such properties, (ii) the
appraised value of each property to be developed for which a final subdivision map has not been
recorded shall be at least four (4) times the Land Secured Debt allocable to each such property
and (iii) the appraised value of each taxable property within such Improvement Area shall be at
least three (3) times the Land Secured Debt allocable to each such property. "Land Secured
Debt" means as to any taxable property, the principal amount of all outstanding Bonds allocable
to such property, together with the principal amount of any other indebtedness of any other
community facilities district secured by the levy of special taxes which is allocable to such parcel
and the principal amount of any fixed lien assessment levied against such property. The
appraised value of taxable property for purposes of this paragraph shall be determined by an
independent appraisal undertaken for the City utilizing appraisal assumptions approved by the
City and, as to each subsequent series of the Bonds, consistent with the applicable parity bonds
requirements. The City may, in its sole discretion, accept a lower ratio of appraised value to Land
Secured Debt or accept a form or forms of credit enhancement such as a letter of credit, cash
deposit, Bond insurance or the escrow of Bond proceeds to offset a deficiency in the required
value-to-debt ratio.
The proceeds of each series of the Bonds shall be used in the following priority to (i) fund
a reserve fund for the payment of principal and interest with respect to such Bonds; (ii) fund
capitalized interest on such Bonds in an amount not to exceed the amount required to pay interest
on such series of the Bonds until sufficient special taxes of the applicable Improvement Area
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may be placed on the tax roll to pay the scheduled debt service on such series of the Bonds; (iii)
pay for costs of issuance of such series of the Bonds including, without limitation, underwriter's
discount, bond counsel fees, printing, and paying agent fees; (iv) pay for that portion of the costs
of forming CFD No. 06-I allocable to the Improvement Area for which the Bonds have been
issued, including reimbursement of advances of funds to the City by Developer and the
Developer's legal, engineering and financial consulting expenses incurred relating to the
formation of CFD No. 06-I and issuance of the Bonds; and (v) pay the portion of the costs of the
construction or acquisition of the Improvements allocable to the Improvement Area for which the
Bonds have been issued pursuant to the provisions of this Agreement and consistent with the
priorities set forth herein.
The timing of the issuance and sale of each series of the Bonds shall be determined solely
by the City. Additionally, the terms and conditions upon which each series of the Bonds shall be
issued and sold, the method of sale of each series of the Bonds and the pricing thereof shall be
determined solely by the City and shall conform to the Goals and Policies and this Agreement.
The sale of each series of the Bonds shall be subject to receipt by the City of a competitively bid
or negotiated bond purchase agreement which is acceptable to the City.
The amount of each series of the Bonds to be issued shall be determined in accordance
with the Goals and Policies such that the maximum projected annual special tax revenues
securing such series of the Bonds equals at least 110% of the projected annual gross debt service
on all of the outstanding Bonds of such series.
Developer agrees to provide all information regarding the development of the property
within the Improvement Area for which a series of Bonds is proposed to be issued, including the
financing plan for such development, which are necessary to ensure that the official statement for
such Bonds complies with the requirements of Rule 15c2-12 of the Securities and Exchange
Commission (the "Rule") and all other applicable federal and state securities laws. Additionally,
Developer agrees to enter into a continuing disclosure agreement to provide such continuing
disclosure pertaining to the Community Facilities District, the development thereof and the
Developer as necessary to ensure ongoing compliance with the continuing disclosure
requirements of the Rule. Finally, Developer agrees to cause its counsel to provide an opinion of
such counsel in a form satisfactory to the underwriter of such series of the Bonds and
underwriter's counsel or disclosure counsel, as applicable.
SECTION21. Development Impact Fee Credit, Payment and Reimbursement. The
Improvements include public facilities that are included in several City development impact fee
programs (each, a "DIF Program"). Credits against the applicable DIF Program fees shall be
granted in accordance with the applicable City ordinances, regulations and policies.
SECTION 22. Conflict with Other Agreements. Except as specifically provided herein,
nothing contained herein shall be construed as releasing Developer from any condition of
development or requirement imposed by any other agreement with City.
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SECTION 23. General Standard of Reasonableness. Any provision of this Agreement which
requires the consent, approval, discretion or acceptance of any party hereto or any of their
respective employees, officers or agents shall be deemed to require that such consent, approval or
acceptance not be unreasonably withheld or delayed, unless such provision expressly
incorporates a different standard.
SECTION 24. Entire Agreement; Amendment. This Agreement and the agreements expressly
referred to heroin contains all of the agreements of the parties hereto with respect to the matters
contained herein and no prior or contemporaneous agreement or understandings, oral or written,
pertaining to any such matters shall be effective for any purpose. No provision of this
Agreement may be modified, waiver, amended or added to except by a writing signed by the
party against which the enforcement of such modification, waiver, amendment or addition is or
may be sought.
SECTION 25. Notices. Any notice, payment or instrument required or permitted by this
Agreement to be given or delivered to either party shall be deemed to have been received when
personally delivered or seventy-two (72) hours following deposit of the same in any United
States Post Office in California, registered or certified, postage prepaid, addressed as follows:
Developer: The EastLake Company, LLC
900 Lane Avenue, Suite 100
Chula Vista, CA 91914
Attn: William Ostrem
City: City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Attn: City Manager
Each party may change its address for delivery of notice by delivering written notice of such
change of address to the other party.
SECTION 26. Severability. If any provision of this Agreement is held to be illegal or
unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be
given effect to the fullest extent reasonably possible.
SECTION 27. Successors and Assigns. This Agreement shall be binding upon and inure to the
benefit of the successors and assigns of the parties hereto. Developer may not assign its rights or
obligations hereunder except upon written notice to City within ten (10) days of the date of such
assignment indicating the name and address of the assignee. Upon such notice and the
assumption by the assignee of the rights, duties and obligations of the Developer arising under or
from this Agreement, Developer shall be released by City from all future duties or obligations
rising under or from this Agreement. Notwithstanding the preceding sentence, Developer may
assign its rights and obligations hereunder as security to lenders for the purpose of obtaining
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loans to finance development within CFD No. 06-1, but no such assignment shall release
Developer from its obligations hereunder yo City.
SECTION 28. Governing Law. This Agreement and any dispute arising hereunder shall be
governed by and interpreted in accordance with the laws of the State of California, Additionally,
this Agreement and the construction of the Improvements shall be subject to all City ordinances
and regulations relating to the requirement of improvement agreements, land division,
improvement security or other applicable development requirements.
SECTION 29. Waiver. Failure by a party to insist upon the strict performance of any of the
provisions of this Agreement by any other party, or the failure by a party to exemise its rights
under the default of any other party, shall not constitute a waiver of such party's right to insist
and demand strict compliance by any other party with the terms of this Agreement thereafter.
SECTION 30. Singular and Plural; Gender. As used herein, the singular of any work includes
the plural, and terms in the masculine gender shall include the feminine.
SECTION 31. Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original.
SECTION 32. Construction of Agreement. This Agreement has been reviewed by legal counsel
for both the City and the Developer and shall be deemed for all purposes to have been jointly
drafted by the City and the Developer. No presumption or rule that ambiguities shall be
construed against the drafting party shall apply to the interpretation or enforcement of this
Agreement. The language in all parts of this Agreement, in all cases, Shall be construed as a
whole and in accordance with its fair meaning and not strictly for or against any party and
consistent with the provisions hereof, in order to achieve the objectives of the parties hereunder.
The captions of the sections and subsections of this Agreement are for convenience only and
shall not be considered or referred to in resolving questions of construction.
SECTION 33. Recitals; Exhibits. Any recitals set forth above and any attached exhibits are
incorporated by reference into this Agreement.
SECTION 34. Authority of Signatories. Each signatory and party hereto hereby represents and
warrants to the other party that it has legal authority and capacity and direction from its principal
to enter into this Agreement, and that all resolutions and/or other actions have been taken so as to
enable such party to enter into this Agreement.
[End of page. Next page is signature page.]
11/06/2002 15:33 FAX 6194211830 EASTLAKE COMPANY [~002
11.$.02
Signature Page to
Acquisition/Financing Agreement by and between
the City of Chula Vista and The EastLake Company, LLC,
EXECUTED by and between the parties hereto on the day and year first hereinabove written.
"CITY"
CITY OF CHULA VISTA
MAYOR
CITY OF CHULA VISTA
STATE OF CALIFORNIA
ATTEST: APPROVED AS TO FORM:
CITY CLERK JOHN KAHENY, CITY ATTORNEY
CITY OF CHULA VISTA CITY OF CHULA VISTA
STATE OF CALIFORNIA STATE OF CALIFORNIA
"DEVELOPER"
THE EASTLAKE COMPANY, LLC, a
California li,mite iabi ' mpany
Its: ~. ?~%~ ~ ,~,~
Execution Copy
Signature Page to
Acquisition/Financing Agreement by and between
the City of Chula vista and The EastLake Company, LLC,
EXECUTED by and between the parties hereto on the day and year first hereinabove written.
"CITY"
CITY OF CHULA VISTA
MAYOR
CITY OF CHULA VISTA
STATE OF CALIFORNIA
ATTEST: APPROVED AS TO FORM:
CITY CLERK JOHN KAHENY, CITY ATTORNEY
CITY OF CHULA VISTA CITY OF CHULA VISTA
STATE OF CALIFORNIA STATE OF CALIFORNIA
"DEVELOPER"
THE EASTLAKE COMPANY, LLC, a
California limited liability company
By:
Its:
By:
Its:
S-I
J:\Aaorney\ANN\CFDs\06-I\Acq Fin Agmt - Execution Copy.doc
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Exhibit "A"
ACQUISITION AND FINANCING AGREEMENT FOR CFD 06-I
(EASTLAKE - WOODS, VISTAS AND LAND SWAP)
IMPROVEMENT DESCRIPTION AND ESTIMATED COSTS
Improvement Improvement Description' Cost
Number Estimate2
I Traffic Enhancement Improvements $1,000,0003
2 East Olympic Parkway 6,628,979
3 West Olympic Parkway 14,827,891
4 Hunte Parkway 1,565,687
5 Otay Lakes Road 6,834,815
6 Proctor Valley Road 1,000,000
7 Telegraph Canyon Road Widening/Traffic Improvements 2,700,000
8 Traffic signals 1,441,784
Totals $35,999,156
Notes:
Sources: Developer, McGill Martin Self, Inc.
l/ The description of the Improvements set forth in this Exhibit "A" is preliminary and
general. The final plans and specifications may show substitutes or modifications to the
proposed Improvements and proposed Improvements may be added or deleted with the consent
of Developer and the City Engineer. Components of all roadway improvements eligible for
funding shall include (i) grading, including site preparation and mobilization, (ii) wet and dry
utilities within the right-of-way, (iii) storm drain facilities, (iv) paving, (v) curb, gutter, sidewalk,
medians, (vi) traffic signals, (vii) lighting, (viii) landscaping and (ix) all other appurtenant
improvements.
2/ Cost estimates are preliminary and may be modified from time to time with the consent
of Developer and the City Engineer.
3/ Cost estimate for the Traffic Enhancement Improvements constitutes the estimated
amount to be reserved out of the proceeds of the Bonds equivalent to the Developer's Fair Share
of the cost of construction of the Telegraph Canyon Roadway Improvements as established
pursuant to the provisions of the Telegraph Canyon Traffic Enhancement Agreement. Such
amount shall be subject to revision pursuant to the provisions hereof, the Telegraph Canyon
Traffic Enhancement Agreement and any Future Traffic Enhancement Agreement.
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EXHIBIT B
SUBSTANTIAL COMPLETION CRITERIA FOR IMPROVEMENTS
OTHER THAN TRAFF1C ENHANCEMENT IMPROVEMENTS
General:
1. Substantial completion of an Improvement, other than a Traffic Enhancement Improvement,
for purposes of determining the eligibility of such Improvement for the payment of the "Base
Increment" (75% of the Purchase Price) therefore shall mean that the construction or work
with respect to such Improvement, including each component of such Improvement, has
progressed to the point where it is sufficiently complete so that it can be utilized for the
purpose for which it was intended. Substantial completion criteria for each Improvement or
component of an Improvement is further described below.
2. Payment for the remaining 25% ("Retained Increment") of the Purchase Price for an
Improvement shall be in accordance with Section 7, paragraph (c)(ii) and shall be made after
(a) the substantial completion of all landscaping included in any related Improvement and (b)
submittal of a payment request form, as-built plans, posting of maintenance bonds, and
submittal of lien release evidence. For example, the Retained Increment for the La Media
Road South shall not be made until the substantial completion of the La Media Road South
Landscaping.
Substantial Completion Criteria:
A. Grading: Grading shall be deemed to be complete upon (1) completion of all preliminary
grading work (mobilization, site clearing, remedial grading, overexcavation, installation of
subdrainage systems) (2) certification of compaction by the geotechnical engineer, quantity
verification by the civil engineer, and confirmation by the City inspector and (3) installation
of all surface grading improvements (brow ditches, retaining walls, slope protection and
similar improvements) and the certification thereof by the geotechnical engineer and
confirmation by the City inspector.
B. Sewer: Sewer construction shall he deemed substantially complete upon the installation,
flushing, and testing of sewer main line, laterals, cleanouts, manholes, and all other
appurtenances of the sewer system as shown on the approved plans and specifications
therefore and in accordance with the City standard plans and specifications and the
verification of such installation by the civil engineer and confirmation of such installation by
the City inspector.
C. Storm Drain: Box culverts and headwall structures shall be deemed substantially complete
upon installation as shown on the approved plans and specifications therefore and in
accordance with the City standard plans and specifications and verification of such
installation by the civil engineer, and confirmation of such installation by the City inspector.
D. Drainage Facilities: Drainage structures including energy dissipation devices (rip-rap, drop
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structures, cut-off walls, etc), drainage diversion structures, facilities required as part of the
environmental mitigation measures, and other drainage channel appurtenances including
drainage pipes connecting the brow ditches to the channel, shall be deemed substantially
complete for payment of the Base Increment upon the installation thereof as shown on the
approved plans and specifications therefore and in accordance with City standard plans and
specifications and the verification of such installation by the civil engineer and confirmation
of such installation by the City inspector.
E. Dry Utility Backbone System: Dry utilities (electric, gas, telephone, CATV) shall be deemed
substantially complete upon the installation of the conduits, junction boxes, payment of
utility fees, and written acceptance of the facilities by the utility companies.
F. Roadway Pavement and Roadway Drainage System: Roadway pavement and drainage
improvements shall be deemed substantially complete upon the installation thereof as shown
on the approved improvement plans therefore and in accordance with City standard plans and
specifications and confirmation of such installation by the City inspector of all storm drain
pipes, catch basins, drainage inlets and cleanouts for the roadway storm drain system,
installation of roadway base material, concrete curb and gutter, and AC pavement including
the preparation of the subgrade and base material.
G. Other Street Surface Improvements: Street surface improvements including street lights,
traffic signals and conduits, signal interconnect, street name signs, roadway signing and
striping, and appurtenances shall be deemed substantially complete when installed as shown
on the improvement plans and in accordance with City standard plans and specifications and
upon confirmation of such installation by the City inspector.
H. Street Landscape Irrigation and Planting: Parkway landscaping within the roadway right of
way including planting, irrigation, concrete sidewalks, median maintenance strip, pedestrian
ramps, channel maintenance roads and all associated subgrade and base material preparation
shall be deemed substantially complete upon installation thereof as shown on the approved
improvement plans therefore and in accordance with City standard plans and specifications
and confirmation of such installation by the City inspector.
I. Slope Landscaping: Landscape planting and irrigation improvements for the slopes outside
of the roadway and channel right of way and the regional trail (DG) and fencing shall be
deemed substantially complete upon installation thereof as shown on the approved
improvement plans therefore and in accordance with City standard plans and specifications
and confirmation of such installation by the City inspector.
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EXHIBIT "C"
DESIGN, BID, CONTRACT AND CHANGE ORDER REQUIREMENTS
1. General
These requirements shall be applied to all improvements proposed to be acquired through
CFD No. 06-1. Any deviation from these requirements must be approved by the Public
Works Director.
References to the Public Works Director means the Public Works Director, City Engineer
or their designee.
The City reserves the right to make the final determination of cost of the Improvements to
be acquired in accordance with this Agreement.
2. Design Phase
A. Only design costs directly related to the public improvements to be acquired are
eligible for inclusion.
B. Bidding Documents. Two complete sets of bidding documents, including
improvement plans, general provisions, and bid proposal forms shall be submitted to the
Engineering Division for review and approval within 15 working days of submittal.
Advertising for bids shall not take place until the bidding documents are approved in
writing by the City. This procedure shall be followed for each contract proposed to be
advertised. Unless otherwise noted, the bidding documents shall conform to the
following minimum requirements:
1. Unless impractical due to the nature of the improvement, the bid proposal
shall be unit priced rather than lump sum. A.C. pavement, base and sub-base
shall be bid on a square foot per inch thickness basis.
2. The bidding documents shall require the bidder/contractor to provide the
following bonds:
a. Bid Bond - 10% of the amount of the bid.
b. Material and Labor Bond - 50% of the contract amount.
c. Performance Bond - 100% of the contract amount.
The Contractor shall post performance and labor and material bonds for all
improvements as part of the bid. The City of Chula Vista shall be named as
additional obligee with the right to call such bonds if needed. Such bonds shall
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remain in effect until such time as all improvements are completed and accepted
by the City Engineer. The City Engineer shall be the sole judge in determining
the release of such bonds.
3. The biddin, g documents shall require the successful bidder to provide
evidence of comprehensive or commercial general public liability insurance in the
amount of at least $1,000,000 prior to the award of the contract.
4. Unless otherwise required by the City, the contractor is not required to pay
prevailing wages.
5. The bidding documents must clearly state the time, date, and place where
bids are to be submitted and opened.
6. The bidding documents shall clearly state the amount of time to complete
the work. The time allowed must be reasonable for the amount of work.
Accelerated construction time allowances must be supplementally bid, and are not
eligible for public finance unless previously approved by the City Engineer.
3. Bidding Phase
A. The Notice inviting Sealed Bids shall be published in the Chula Vista Star News
and the San Diego Daily Transcript. The notice inviting bids shall state where
bidding documents are available.
B. The bidding period following the advertisement of the Notice Inviting Sealed Bids
shall be a minimum of 14 calendar days.
C. Developer shall provide complete sets of bidding documents to all contractors,
subcontractors, or suppliers requesting them. A reasonable price may be charged
for bidding documents.
D. Developer shall keep a log of all persons obtaining bidding documents, and their
mailing address.
E. Addenda shall be mailed by first class mail to all bidding document holders and
the Public Works Director. If an addendum is required within five working days
of the noticed bid opening date, the bid opening date shall be extended.
F. Submitted bids shall be in sealed envelopes.
G. Bids shall not be accepted after the stated time for submission.
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H. Bid opening shall be conducted by thc Developer at the Developer's place of
business or other site mutually acceptable to the Developer and Public Works
Director.
E. Sealed bids shall be opened and read aloud immediately following the submission
time. A City representative shall be invited to attend the bid opening.
J. Conditioned bids, unless the bid proposal lists them for all to l~id on, shall not be
accepted.
K. The bid proposals shall conform to all state and local laws governing the listing of
subcontractors and suppliers.
L. The arithmetic of the two lowest bid proposals received shall immediately be
checked for errorsl
M. A tabulation of all bids received shall be provided to the Public Works Director
within five working days of the bid opening.
N. Award shall be made to the lowest responsible bidder within a reasonable period
of time following approval by the Public Works Director.
O. A preconstruction meeting shall be held with the contractor prior to beginning the
work. A City representative shall be invited to attend the meeting.
P. The Notice to Proceed shall be issued within a reasonable period of time
following the contract execution.
4. Construction Phase
A. The City shall be provided a copy of the construction schedule.
B. Developer shall require the contractor to conduct weekly construction
status meetings to which a City representative shall be invited.
C. Any additional costs incurred for the benefit of the Developer, such as
accelerating the construction schedule, shall not be eligible for public financing
unless previously approved by the City Engineer.
D. Any additional construction costs incurred due solely to delays caused by
the Developer shall not be eligible for public financing.
E. All contracts and construction related records shall be available to the City
as and when required for the final determination of eligible costs for the public
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financing. This shall include trip tickets and other confirmations of material
delivered to the Improvement.
5. Change Orders
A. No single change order for a TDIF Improvement shall be eligible for inclusion in
the Pumhase Price for such Improvement that increases or decreases the original
contract amount for the construction of such Improvement by more than $50,000
without City Council approval.
B. All change orders shall be fully documented and be in a format consistent and be
in a format consistent with the original bid items (i.e., show units, unit costs,
extensions and total costs). The City Engineer, in his/her sole discretion shall
determine the eligibility of each change order for inclusion in the Purchase Price
for an Improvement.
C. The aggregate of all change orders for TDIF Improvements, including those for
differences between estimated and actual quantities shall not increase the contract
amount by more than the amount specified below without City Council approval:
Original Contract Range Maximum Aggregate Increase
Up to $100,000 10%
$100,001 to $1,000,000 $10,000 plus 7% of amount over $100,000
More than $1,000,000 $73,000 plus 5% of amount over $1,000,000
The aggregate of all change orders for any non-TDIF Improvement shall not
increase the Purchase Price thereof so as to cause such Purchase Price to exceed
the cost estimate for such Improvement as set forth in Exhibit A by more than
25% without City Council approval.
D. All change orders involving changes in scope of the project, or increases of
contract amounts greater than outlined in C. above shall be submitted to the City
Council for approval after the construction of the Improvement is completed, but
before the payment of any portion of the Purchase Price for such Improvement is
authorized by the City Engineer. Change orders that the Developer does not wish
to include in the Purchase Price for an Improvement do not need to go to City
Council for approval.
E. Negotiated set price change orders are acceptable where most of the items of work
in the change order have unit prices from the bids. Where change orders are for
work that does not have unit prices for a substantial portion of the work contained
within the bids, time and materials change orders are preferred.
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EXHIBIT "D-I"
BASE INCREMENT
PAYMENT REQUEST NO. __
(IMPROVEMENT OTHER THAN TRAFFIC ENHANCEMENT IMPROVEMENTS)
The undersigned (the "Developer") hereby requests payment in the total amount
of $ for the Base Increment of the Purchase Price of the Improvements (as defined in
the Acquisition/Financing Agreement by and among the City of Chula Vista (the "City") and
Developer and described in Exhibit A to that Agreement), all as more fully described in
Attachment 1 hereto. In connection with this Payment Request, the undersigned hereby certifies,
represents and warrants to the City as follows:
A. He(she) is a duly authorized representative or signatory of Developer, qualified
to execute this Payment Request for payment on behalf of Developer and is
knowledgeable as to the matters set forth herein.
B. The Improvements that are the subject of this Payment Request have been
substantially completed in accordance with Exhibits A and B.
C. The Purchase Price for the Improvements has been calculated in conformance
with the terms of the Agreement. All costs for which payment is requested hereby
are eligible costs (as permitted in the Agreement) and have not been inflated in
any respect. The Base Increment for which payment is requested has not been the
subject of any prior payment request paid by the City.
D. All items have been clearly delineated as DIF/Non-DIF eligible (all DIF's) and
detailed backup and cost breakdown is provided supporting each item.
E. Supporting documentation (such as third party invoices, change orders and
checks) is attached with respect to each cost for which payment is requested.
F. The Improvements for which payment is requested were constructed in
accordance with the requirements of the Agreement.
G. Developer is in compliance with the terms and provisions of the Agreement.
H. No mechanics liens or other encumbrances have attached, or to the best
knowledge of Developer, after due inquiry, will attach to the Improvements.
I. A copy of a letter of conditional lien release for the Improvements for which
payment is requested is included this request. In addition, a letter from the
contractor(s) stating that have been paid in full by the Developer for the
Improvements for which payment is requested is also included in this request.
D-l-1
Execution Copy
I hereby declare under penalty of perjury that the above representations and warranties are true
and correct.
DEVELOPER:
Dated:
CITY
Payment Request Approved for Submission to
Director of Finance
Public Works Director
Dated:
D-l-2
Execution Copy
ATTACHMENT 1
SUMMARY OF IMPROVEMENTS
TO BE ACQUIRED AS PART OF PAYMENT REQUEST NO. __
Improvement Purchase Price Base Increment Disbursement
Requested
[List here all Improvements for which payment is requested, and attach supporting
documentation]
D-l-3
Execution Copy
EXHIBIT "D - 2"
RETAINED INCREMENT
PAYMENT REQUEST NO.
(IMPROVEMENT OTHER THAN TRAFFIC ENHANCEMENT IMPROVEMENT)
The undersigned (the "Developer") hereby requests payment in the total amount
of' $ for the Retained Increment of' the Purchase Price of the Improvements (as
defined in the Acquisition/Financing Agreement by and among the City of' Chun Vista (the
"City") and Developer and described in Exhibit A to that Agreement), all as more fully described
in Attachment 1 hereto. In connection with this Payment Request, the undersigned hereby
certifies, represents and warrants to the City as £ollows:
A. He(she) is a duly authorized representative or signatory of Developer, qualified to
execute this Payment Request for payment on behalf` of` Developer and is
knowledgeable as to the matters set forth herein.
B. Developer has submitted or submits herein to the City, if` applicable, as-built
drawings or similar plans and specifications for the Improvements and such
drawings or plans and specifications, as applicable, are true, correct and complete.
C. The Purchase Price for the Improvements has been calculated in conformance
with the terms of`the Agreement. All costs for which payment is requested hereby
are eligible costs (as permitted in the Agreement) and have not been inflated in
any respect. The Retained Increment for which payment is requested has not been
the subject of` any prior payment request paid by the City.
D. Supporting documentation (such as third party invoices, change orders, lien
releases and checks) is attached with respect to each cost for which payment is
requested.
E. The Improvements for which payment is requested were constructed in
accordance with the requirements of the Agreement.
F. Developer is in compliance with the terms and provisions of the Agreement.
G. No mechanics liens or other encumbrances have attached, or to the best
knowledge of Developer, after one inquiry, will attach to the Improvements.
D-2-I
Execution Copy
I hereby declare under penalty of perjury that the above representations and warranties are tree
and correct.
DEVELOPER:
Dated:
CITY
Payment Request Approved for Submission to
Director of Finance
Public Works Director
Dated:
D-2-2
to
Execution Copy
ATTACHMENT 1
SUMMARY OF IMPROVEMENTS
TO BE ACQUIRED AS PART OF PAYMENT REQUEST NO.
Improvement Purchase Pric_e Base Increment DisbursementRequested
[List here all Improvements for which payment is requested, and
attach supporting documentation]
D-2-3
Execution Copy
EXHIBIT "D-3"
BASE INCREMENT
PAYMENT REQUEST NO. __
(TRAFFIC ENHANCEMENT IMPROVEMENTS)
The undersigned (the "Developer") hereby requests payment in the total amount
of $ for the Base Increment of the Purchase Price of the Traffic Enhancement
Improvements (as defined in the Acquisition/Financing Agreement by and among the City of
Chula Vista (the "City") and Developer and described in Exhibit A to that Agreement), all as
more fully described in Attachment 1 hereto. In connection with this Payment Request, the
undersigned hereby certifies, represents and warrants to the City as follows:
A. He(she) is a duly authorized representative or signatory of Developer, qualified
to execute this Payment Request for payment on behalf of Developer and is
knowledgeable as to the matters set forth herein.
B. The Traffic Enhancement Improvements that are the subject of this Payment
Request have been substantially completed in accordance with Exhibits A and
B.
C. The Purchase Price for the Traffic Enhancement Improvements has been
calculated in conformance with the terms of the Agreement. All costs for which
payment is requested hereby are eligible costs (as permitted in the Agreement)
and have not been inflated in any respect. The portion of the Base Increment for
which payment is requested has not been the subject of any prior payment request
paid by the City.
D. All items have been clearly delineated as DIF/Non-DIF eligible (all DIF's) and
detailed backup and cost breakdown is provided supporting each item.
E. Supporting documentation (such as third party invoices, change orders and
checks) is attached with respect to each cost for which payment is requested.
F. The Traffic Enhancement Improvements for which payment is requested were
constructed in accordance with the requirements of the applicable Traffic
Enhancement Agreement.
G. Developer is in compliance with the terms and provisions of the Agreement.
H. No mechanics liens or other encumbrances have attached, or to the best
knowledge of Developer, after due inquiry, will attach to the Traffic Enhancement
Improvements.
Execution Copy
I. A copy of a letter of conditional lien release for the Traffic Enhancement
Improvements for which payment is requested is included this request. In
addition, a letter from the contractor(s) stating that have been paid in full by the
Developer for the Traffic Enhancement Improvements for which payment is
requested is also included in this request.
I hereby declare under penalty of perjury that the above representations and warranties are true
and correct.
DEVELOPER:
Dated:
CITY
Payment Request Approved for Submission to
Director of Finance
Public Works Director
Dated:
Execution Copy
ATTACHMENT 1
SUMMARY OF TRAFFIC ENHANCEMENT IMPROVEMENTS
TO BE ACQUIRED AS PART OF PAYMENT REQUEST NO. __
Traffic Purchase Price Base Increment Disbursement
Enhancement Requested
Improvement
[List here all Traffic Enhancement Improvements for which payment is requested, and attach
supporting documentation]
D-3 -3
Execution Copy
EXHIBIT "D - 4"
RETAINED INCREMENT
PAYMENT REQUEST NO.
(TRAFFIC ENHANCEMENT IMPROVEMENT)
The undersigned (the "Developer") hereby requests payment in the total amount
of $ for the Retained Increment of the Purchase Price of the Traffic Enhancement
Improvements (as defined in the Acquisition/Financing Agreement by and among the City of
Chula Vista (the "City") and Developer and described in Exhibit A to that Agreement), all as
more fully described in Attachment 1 hereto. In connection with this Payment Request, the
undersigned hereby certifies, represents and warrants to the City as follows:
A. He(she) is a duly authorized representative or signatory of Developer, qualified to
execute this Payment Request for payment on behalf of Developer and is
knowledgeable as to the matters set forth herein.
B. The Traffic Enhancement Improvements have been accepted by the City.
C. The Purchase Price for the Traffic Enhancement Improvements has been
calculated in conformance with the terms of the Agreement. All costs for which
payment is requested hereby are eligible costs (as permitted in the Agreement)
and have not been inflated in any respect. The Retained Increment for which
payment is requested has not been the subject of any prior payment request paid
by the City.
D. Supporting documentation (such as third party invoices, change orders, lien
releases and checks) is attached with respect to each cost for which payment is
requested.
E. The Traffic Enhancement Improvements for which' payment is requested were
constructed in accordance with the requirements of the applicable Traffic
Enhancement Agreement.
F. Developer is in compliance with the terms and provisions of the applicable Traffic
Enhancement Agreement and the Acquisition/Financing Agreement.
G. No mechanics liens or other encumbrances have attached, or to the best
knowledge of Developer, after one inquiry, will attach to the Traffic Enhancement
Improvements.
D-4-I
Execution Copy
I hereby declare under penalty of perjury that thc above representations and warranties arc truc
and correct.
DEVELOPER:
Dated:
CITY
Payment Request Approved for Submission to
Director of Finance
Public Works Director
Dated:
D-4-2
Execution Copy
ATTACHMENT I
SUMMARY OF TRAFFIC ENHANCEMENT IMPROVEMENTS
TO BE ACQUIRED AS PART OF PAYMENT REQUEST NO.
Traffic Purchase Price Base Increment Disbursement
Enhancement Requested
Improvement
[List here ail Traffic Enhancement Improvements for which payment is requested, and
attach supporting documentation]
EXH / ......... Stradling Yocca Carlson & Rauth
a Draft of 10/18/02
~ PRELIMINARY OFFICIAL STATEMENT DATED AS OF NOVEMBER _, 2002
.~ NEW ISSUE - BOOK-ENTRY-ONLY NO RATING
~ In the ooinion of Best Best & Krieger LLP Bond Counsel based on an analysis of existing laws, regulations, rulings and court decisions.
o and assuming, among other matters, comphance wtth certam covenants, tnterest on the Bonds ts excluded from gross tncomeforfederal tncome
~ t~r -urposes under Section 103 of the Internal Revenue Code of 1986 and is exempt fr_om State of California personal income tastes. In the
~ furt~r opinion of Bond Counsel, ~nterest on the Bonds is not a specific preference item for purposes of federal individual or corporate alternate
~rninimur~ taxes although Bond Counsel observes that such interest is included in adjusted current earnings in calculating fdderal corporate
~ .lt~,..ative minimum t'~ble income Bond Counsel exvresses no opinion regarding any other federal or state income tax consequences relating
~ to the ownership or dtsposttwn of, or the accrual or recetpt ofmterest on, the Bonds. See TAXMATTERS heretn. ~ ~.~
$ 9,ooo,ooo
· ~ CITY OF CHULA VISTA
'~ COMMUNITY FACILITIES DISTRICT NO. 06-I (EASTLAKE - WOODS~SIA~ AND -~ LAND SWAP)
2002 IMPROVEMENT AREA A SPECIAL TAX BONDS
. Dated: Date of Delivery Due: September 1, as shown on the inside page
~ The C tv of Chula Vista Community Facilities District No. 06-I (Eastlake - a Wood~- Vi~ta~ and a Land Swan1 2002 Improvement
Area A Snecml Tax Bonds the Bonds ) are bemg issued and dehvered to finance various public improvements needed to develop property
.~located ~v~ihin Improvement'Area A of Community Facilities District No. 06-I (Eastlake - Woods: Vistas and -~ Uand Swan~ (the "District").
~ The District has been formed by and is located in the City of Chula Vista (the "City"). County of San Diego, California.
The Bonds are authorized to be issued pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Sections 53311 e~
<~sea of the Government Code of the State of Califumia) and pursuant to a Bond Indenture (the "Indenture") dated as of November 1, 2002 by
'~ ~A hoe ...... th~ YUet,'iot and IT S Bank N A as fiscal agent/the "F sca Agent"). The Bonds are s~ecial obhgatlons of the D~stnct and are
:=~ payable solely from revenues derived from certain annual Special Taxes (as defined hereto) to be levied on - the taxable land wahm
g Improvement Area A of the District and from certain other funds pledged under the Indenture, all as further described herein. The Special Taxes
Ware to be lev ed accord ng to the rate and method of apportionment approved by the City Council.of the C!,ty and thy qualifie~ electors ~ith!n the
~ District. See "SOURCES OF PAYMENT FOR THE BONDS -- Rate and Method of Apportmnment. The City Council of the C~ty xs the
'~ legislative body of the District.
· -~ The Bonds are issuable in fully registered form and when issued will be registered in th? nan]e ?f Cede & Co., as nominee of The
~Depos tory Trust Company, New York, New York ("DTC"). Individual purchases may be made ~n pnnc~pal amounts of $5,000 and ~ntegml
~ mn/tinles thereof and will be in bookZentrv form only Purchasers of Bonds w Il not rece ve certificates representing their beneficial ownership
~ o'-?-tl~-l]~is but will receive credit balan'ces on the' gooks of their respective nominees. The Bonds will not be transferable or exchangeable
'~, exeent for transfer to another nominee of DTC or as otherwise described herein. Interest on the Bonds will be payable on September 1, 2003 and
.~e·'~hn-~il-f~ereafler on each March 1 and September 1. Principal of and interest on the Bonds will b~ paid by the Fiscal Agent to DT,~ for
~ subsequent disbursement to DTC Participants who are obligated to remit such payments to the beneficial owners of the Bonds. See THE
~ BONDS - Description of the Bonds" herein.
Neither the faith and credit nor the taxing power of the City, the County of San Diego. the State of California or any political
-~ subdivision thereof is pledged to the payment of the Bonds. Except for the Special Taxes. no other taxes are pledged to the payment of the Bonds.
~ The Bonds are special tax obligations of the District payable solely from Special Taxes and other amounts held under the Indenture as more fully
~ described herein.
The Bonds are subject,to optional redemption, extraordinary ,,m, andatory redemption and mandatory sinking fund redemption prior to
~ maturity as set forth herein. See 'THE BONDS - Redemption of Bonds herein.
~ CERTAIN EVENTS COULD AFFECT THE ABILITY OF THE DISTRICT TO PAY THE PRINCIPAL OF AND
'~ INTleRleRT ON THE BONDS WHEN DUE THE PURCHASE OF THE BONDS INVOLVES SIGNIFICANT RISKS, AND THE
'~ ~~)~N~D'~'~RE NOT SU1TABLE INVESTME.~,TS FOR ALL INVESTORS. SEE THE SECTION OF THIS OFFICIAL STATEMENT
;~ ENTITLED "SPECIAL RISK FACTORS FOR A DISCUSSION OF CERTAIN RISK FACTORS THAT SHOULD BE
~ CONSIDERED, IN ADDITION TO THE OTHER MATTERS SET FORTH HEREIN, IN EVALUATING THE INVESTMENT
~QVALITY OF THE BONDS.
o This cover page contains certain information for general reference only. It is not intended to be a summary of the security or terms of
~o this issue. Investors are advised to read the entire Official Statement to obtain information essential to the making of an informed investment
~ decision·
MATURITY SCHEDULE
(See Inside Cover Page)
'~ when and if issued and accepted by the Underwriter subject to approval as to their legality by Best Best &
The
Bonds
-~ Krieger LLP, Bond Counsel, and subject to certain other conditions. Certain legal matters will be pa~sed on for the City and [he ?istrict by the
:~ C tv Attorney and for the Underwriter by Stmdling Yocca Carlson & Rauth, a Professional Corporation, Newport Beach, Cahfornia, as counsel
.~ to ~he Underrwriter. It is anticipated that the Bonds in book-entry form will be available for delivery to DTC in New York, New York, on or
· >~about December 10~ 2002.
..= Stone & Youngberg EEC
~ Dated: November__, 2002
DOCSOC\922620v3\22245.0138
MATURITY SCHEDULE
(Base CUSIP: )*
Maturity Maturity
Date Principal Interest Date Principal Interest
(September 1) Amount Rate Yield CUSIP* (September 1) Amount Rate Yield CUSIP*
$ __ % Term Bonds due September 1, 20 Price: % - CUSIP:
$ % Term Bonds due September 1, 2033 Price: % - CUSIP: --
Copyright 2002, American Bankers Association. CUSIP data herein ~' prov ded by Standard & Poor's, CUBIP Service Bureau, a division of
The McGraw-Hill Companies, lnc,
DOCSOC\922620v3\22245.0,38 [' ~'~ .~ ~3 ~
CITY OF CHULA VISTA, CALIFORNIA
CITY COUNCIL
Shirley Horton, Mayor
PatXy Davis, Councilmember
Steve Padilla, Councilmember
Mary Salas, Councilmember
Jerry R. indone, Councilmember
CITY STAFF
David D. Rowlands, Jr., City Manager
Sid Morris, Assistant City Manager
George Krempl, Assistant City Manager
Robert Powell, Assistant City Manager
Susan Bigelow, City Clerk
John Kaheny, City Attorney
John Lippitt, Public Works Director
BOND COUNSEL
Best Best & Krieger LLP
San Diego, California
FINANCIAL ADVISOR TO THE CITY
Fieldman I~olapp & Associates
Irvine, California
SPECIAL TAX CONSULTANT REAL ESTATE APPRAISER
McGill Martin Self, Inc. Bruce W. Hull & Associates, Inc.
Chula Vista, California Irvine, California
MARKET ABSORPTION CONSULTANT FISCAL AGENT
The Meyers Group U.S. Bank, N.A.
Solana Beach, California Los Angeles, California
DOCSOC\922620v3L22245.0138 / ~
Except where otherwise indicated, all information contained in this Official Statement has
been provided by the District. No dealer, broker, salesperson or other person has been authorized by
the District, the City, the Fiscal Agent or the Underwriter to give any information or to make any
representations in connection with the offer or sale of the Bonds other than those contained herein
and, if given or made, such other information or representations must not be relied upon as having
been authorized by the District, the City, the Fiscal Agent or the Underwriter. This Official
Statement does not constitute an offer to sell or the solicitation of an offer to buy nor shall there be
any sale of the Bonds by a person in any jurisdiction in which it is unlawful for such person to make
such an offer, solicitation or sale.
This Official Statement is not to be construed as a contract with the purchasers or Owners of
the Bonds. Statements contained in this Official Statement which involve estimates, forecasts or
matters of opinion, whether or not expressly so described herein, are intended solely as such and are
not to be construed as representations of fact. This Official Statement, including any supplement or
amendment hereto, is intended to be deposited with a nationally recognized municipal securities
depository.
The Underwriter has provided the following sentence for inclusion in this Official Statement:
The Underwriter has reviewed the information in this Official Statement in accordance with,
and as part of, its responsibilities to investors under the federal securities laws as applied to the facts
and circumstances of this transaction, but the Underwriter does not guarantee the accuracy or
completeness of such information.
The information set forth herein which has been obtained from third party sources is believed
to be reliable but is not guaranteed as to accuracy or completeness by the District or the City. The
information and expressions of opinion herein are subject to change without notice, and neither the
delivery of this Official Statement nor any sale made hereunder shall, under any circumstances,
create any implication that there has been no change in the affairs of the District, the City or any
other parties described herein since the date hereof. All summaries of the Indenture or other
documents are made subject to the provisions of such documents respectively and do not purport to
be complete statements of any or all of such provisions. Reference is hereby made to such
documents on file with the District for further information in connection therewith.
IN CONNECTION WITH THE OFFERING OF THE BONDS, THE UNDERWRITER
MAY OVERALLOT OR EFFECT TRANSACTIONS WHICH STABILIZE OR MAINTAIN
THE MARKET PRICE OF SUCH BONDS AT A LEVEL ABOVE THAT WHICH MIGHT
OTHERWISE PREVAIL IN THE OPEN MARKET. SUCH STABILIZING, IF
COMMENCED, MAY BE DISCONTINUED AT ANY TIME.
THE BONDS HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT
OF 1933, AS AMENDED, IN RELIANCE UPON AN EXEMPTION CONTAINED IN SUCH
ACT. THE BONDS HAVE NOT BEEN REGISTERED OR QUALIFIED UNDER THE
SEC_URITIES LAWS OF ANY STATE.
DOCSOC\922620v3\22245.0138 / O' ~ ~
TABLE OF CONTENTS
Page
INTRODUCTION .................................................................................................................................. 1
General ................................................. : ........................................................................................... 1
The District ...................................................................................................................................... 1
Sources of Payment for the Bonds ................................................................................................... 3
Description of the Bonds ................................................................................................................. 4
Tax Matters ...................................................................................................................................... 5
Professionals Involved in the Offering ............................................................................................ 5
Continuing Disclosure ..................................................................................................................... 5
Bond Owners' Risks ........................................................................................................................ 5
Forward Looking Statements ........................................................................................................... 6
Other Information ............................................................................................................................ 6
ESTIMATED SOURCES AND USES OF FUNDS .............................................................................. 7
THE BONDS ......................................................................................................................................... 7
Authority for Issuance ...................................................................................................................... 7
Purpose of the Bonds ....................................................................................................................... 7
Description of the Bonds ................................................................................................................. 7
Redemption of Bonds ............................................................ : ......................................................... 8
Notice and Selection of Bonds for Redemption ............................................................................. 10
Notice of Redemption .................................................................................................................... 11
Effect of Redemption ..................................................................................................................... 11
Transfer and Exchange of Bonds ................................................................................................... 12
Debt Service Schedule for the Bonds ............................................................................................ 13
SOURCES OF PAYMENT FOR THE BONDS ................................................................................. 13
Limited Obligations ....................................................................................................................... 13
Special Taxes ................................................................................................................................. 14
Reserve Fund ................................................................................................................................. 18
Issuance of Parity Bonds ................................................................................................................ 19
THE COMMUNITY FACILITIES DISTRICT ................................................................................... 19
General Description of the District and Improvement Area A ...................................................... 19
Description of Authorized Facilities .............................................................................................. 20
Status of Public Improvements ...................................................................................................... 20
Principal Taxpayers ....................................................................................................................... 21
Estimated Direct and Overlapping Indebtedness ........................................................................... 23
Expected Tax Burden ..................................................................................................................... 26
Estimated Value-to-Lien Ratios ..................................................................................................... 26
Permitted Land Use ........................................................................................................................ 31
THE DEVELOPMENT AND PROPERTY OWNERSHIP ................................................................ 33
General Description and Location of Improvement Area A .......................................................... 33
The Developer ................................................................................................................................ 33
Development Plan .......................................................................................................................... 34
Merchant -~ Builder ....................................................................................................................... 35
Financing Plan ............................................................................................................................... 36
Status of Entitlement Approvals .................................................................................................... 38
Environmental Constraints ............................................................................................................. 38
Infrastructure Requirements and Construction Status ................................................................... 38
Docsoc,922s20v3,22245.0,38 / C)-
TABLE OF CONTENTS
Page
Potential Limitations on Development .......................................................................................... 39
Appraisal ........................................................................................................................................ 41
Market Absorption Study ............................................. : ................................................................. 41
SPECIAL RISK FACTORS ................................................................................................................. 42
Concentration of Ownership .......................................................................................................... 42
Limited Obligations ....................................................................................................................... 42
Insufficiency of Special Taxes ....................................................................................................... 43
Tax Delinquencies ......................................................................................................................... 43
Failure to Develop Properties ........................................................................................................ 43
Future Land Use Regulations and Growth Control Initiatives ...................................................... 45
Endangered Species ....................................................................................................................... 45
Natural Disasters ............................................................................................................................ 46
Hazardous Substances .................................................................................................................... 46
Parity Taxes, Special Assessments and Land Development Costs ................................................ 46
Disclosures to Future Purchasers ................................................................................................... 47
Non-Cash Payments of Special Taxes ........................................................................................... 47
Payment of the Special Tax is not a Personal Obligation of the Owners ......................................48
Land Values ................................................................................................................................... 48
Terrorism ........................................................................................................................................ 49
FDIC/Federal Government Interests in Properties ......................................................................... 49
Bankruptcy and Foreclosure .......................................................................................................... 50
No Acceleration Provision ............................................................................................................. 51
Loss of Tax Exemption .................................................................................................................. 51
Limitations on Remedies ............................................................................................................... 51
Limited Secondary Market ............................................................................................................. 51
Proposition 218 .............................................................................................................................. 52
Ballot Initiatives ............................................................................................................................. 53
CONTINUING DISCLOSURE ........................................................................................................... 53
TAX MATTERS .................................................................................................................................. 54
LEGAL MATTERS ............................................................................................................................. 55
LITIGATION ....................................................................................................................................... 55
NO RATING ........................................................................................................................................ 55
UNDERWRITING ............................................................................................................................... 55
FINANCIAL INTERESTS .................................................................................................................. 56
PENDING LEGISLATION ................................................................................................................. 56
ADDITIONAL INFORMATION ........................................................................................................ 56
APPENDIX A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX ............. A-1
APPENDIX B SUMMARY OF MARKET ABSORPTION STUDY ........................................ B-1
-ii-
T/IBLE OF CONTENTS
Page
APPENDIX C APPRAISAL REPORT ...................................................................................... C-I
APPENDIX D INFORMATION REGARDING THE CITY OF CHOLA VISTA ................... D-1
APPENDIX E SUMMARY OF INDENTURE .......................................................................... E- 1
APPENDIX F CONTINUING DISCLOSURE AGREEMENT OF THE DISTRICT .............. F-1
APPENDIX G CONTINUING DISCLOSURE AGREEMENT OF THE DEVELOPER ......... G-1
APPENDIX H FORM OF OPINION OF BOND COUNSEL .................................................... H-1
APPENDIX I DTC AND THE BOOK ENTRY SYSTEM ........................................................ I-1
-iii-
[AERIAL PHOTO]
-i-
$39,000,000*
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 06-I
(EASTLAKE - WOODS. VISTAS AND -~
2002 IMPROVEMENT AREA A SPECIAL TAX BONDS
INTRODUCTION
General
This introduction is not a summary of this Official Statement. It is only a brief description of
and guide to, and is qualified by, more complete and detailed information contained in the entire
Official Statement and the documents summarized or described herein. A full review should be
made of the entire Official Statement. The sale and delivery of Bonds to potential investors is made
only by means of the entire Official Statement. All capitalized terms used in this Official Statement
and not defined shall have the meaning set forth in Appendix E -- "SUMMARY OF INDENTURE"
herein.
The purpose of this Official Statement, which includes the cover page, the table of contents
and the attached appendices (collectively, the "Official Statement"), is to provide certain information
concerning the issuance of the $39,000,000' City of Chula Vista Community Facilities District
No. 06-I (Eastlake - ~- Woods: Vistas and ~- l,~, 2002 Improvement Area A Special Tax
Bonds (the "Bonds"). The proceeds of the Bonds will be used to construct and acquire various
public improvements needed with respect to the proposed development within Improvement Area A
("Improvement Area A") of the City of Chula Vista Community Facilities District No. 06-I (Eastlake
- -~ Woods. Vista~s and a ~ (the "District"), to fund the Reserve Fund securing the Bonds,
to pay costs of issuance of the Bonds and to capitalize interest on the Bonds through September 1,
2003.
The Bonds are authorized to be issued pursuant to the Act (as defined herein) and a Bond
Indenture (the "Indenture") dated as of November 1, 2002, by and between the District and U.S.
Bank, N.A. (the "Fiscal Agent"). The Bonds are secured under the Indenture by a pledge of and lien
upon Special Tax Revenues (as defined herein) and all moneys in the funds and accounts under the
Indenture other than the Rebate Fund, the Acquisition Fund and the Administrative Expense Fund.
The District
Formation Proceedings. The District has been formed by the City of Chula Vista (the
"City") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Sections 53311
et seq. of the Government Code of the State of California) (the "Act"), and the City of Chula Vista
Community Facilities District Ordinance.
The Act was enacted by the California legislature to provide an alternative method of
fina~ncing certain public capital facilities and services, especially in developing areas of the State.
Any local agency (as defined in the Act) may establish a community facilities district to provide for
and finance the cost of eligible public facilities and services. Generally, the legislative body of the
local agency which forms a community facilities district acts on behalf of such district as its
legislative body. Subject to approyal by two-thirds of the votes cast at an election and compliance
with the other provisions of the Act, a legislative body of a local agency may issue bonds for a
' Preliminary, subject to change.
DOCSOC\922620v3\22245.0138
community facilities district and may levy and collect a special tax within such district to repay such
indebtedness. The City Council of the City acts as the legislative body of the District.
Pursuant to the Act, the City Council adopted the necessary resolutions stating its intent to
establish the District, to authorize the levy of Special Taxes on taxable property within the
boundaries of the District, and to have the District incur bonded indebtedness. Following public
hearings conducted pursuant to the provisions of the Act, the City Council adopted resolutions
establishing the District, designating Improvement Area A and Improvement Area B therein and
calling special elections to submit the levy of the Special Taxes and the incurring of bonded
indebtedness to the qualified voters of each of the improvement areas. On September 17, 2002, at an
election held pursuant to the Act, the landowners who comprised the qualified voters of Improvement
Area A, authorized the District to incur bonded indebtedness in the aggregate principal amount not to
exceed -~ 5;39:000.000 to be secured by the levy of Special Taxes (defined below) on taxable property
within Improvement Area A. On that same date, the landowners within Improvement Area A
approved the rate and method of apportionment of the Special Taxes on land within Improvement
Area A of the District (the "Special Taxes") to pay the principal of and interest on the bonds of the
District issued for Improvement Area A (the "Rate and Method") which is set forth in Appendix A
hereto. Pursuant to the Rate and Method, developed property within Improvement Area A will be
assigned to either Zone I (known as Vistas) or Zone 2 (known as Woods). The Special Tax rate on
residential property in Vistas is different than the Special Tax rate on residential property in Woods,
all as described under the caption "SOURCES OF PAYMENT FOR THE BONDS- Special
Taxes."
Description and Development. The District encompasses approximately 875 acres and is
located approximately five miles east of Interstate 805 along both the north and south sides of Otay
Lakes Road -~.
The District is divided into two Improvement Areas: Improvement Area A which consists of
approximately -~ 73'/ gross acres and Improvement Area B which consists of the balance of the
acreage within the District. The Bonds will be secured by Special Taxes levied on property within
Improvement Area A only.
The land use entitlements for Improvement Area A permit development in sub-areas known
as "planning areas." Improvement Area A has been divided into 21 residential planning areas and
two commercial planning areas. Based on current land use approvals and projections, the land within
the residential planning areas of Improvement Area A is expected to be developed into 1,439
detached residential units and 581 multifamily residential units. The land within the commercial
planning areas of Improvement Area A is expected to be developed into a 12.2 acre commercial site
and an 18.4 acre tourist hotel site. See "THE DEVELOPMENT AND PROPERTY OWNERSHIP
-- Potential Limitations on Development."
As of October 1, 2002, mass grading of Improvement Area A was complete and lots were
being terraced and utilities installed. Model homes were complete in two of the residential planning
areas owned by merchant builders with sales activity underway. -~ Model homes were under
construction in six -~ additional residential planning areas owned by merchant builders within
Improvement Area A. In tract improvements are currently being completed in the residential
planning areas still owned by the Developer. The Developer expects to sell such planning areas to
merchant builders over the next one to two years. The two commercial planning areas owned by the
Developer are in a graded undeveloped condition. The Developer expects to sell such planning areas
to commercial developers over the next three to four years. For a more detailed description of
development activity within Improvement Area A, see "THE COMMUNITY FACILITIES
DISTRICT- Status of Public Improvements."
2
DOCSOC\922620v3\22245~0138
/o
Improvement Area B is authorized to issue bonds secured by special taxes levied on property
within such improvement area. Improvement Area B consists of approximately 143 gross acres -~.
Significant development of Improvement Area B has not yet begun. The Bonds are not secured by
and will not be payable from any furore special taxes or assessments levied on land within
Improvement Area B.
Developer. The master developer of the property in Improvement Area A is The EastLake
Company, LLC, a Califomia limited liability company (the "Developer"). The members of the
Developer are Boswell Properties, Inc. and the Tulago Company, both wholly owned subsidiaries of
the J.G. Boswell Company. The Developer was formed to acquire, develop and manage a master-
planned community named EastLake in the City, which includes Improvement Area A. For certain
information concerning the Developer, see "THE DEVELOPMENT AND PROPERTY
OWNERSHIP -- The Developer."
The Developer currently owns eleven planning areas (including the commercial planning
areas) consisting of approximately 456 taxable acres within Improvement Ama A. Since purchasing
the land within Improvement Area A in April 2000, the Developer has completed sales of twelve
planning areas consisting of approximately 155 taxable acres to various memhant builders, all as
described under "THE DEVELOPMENT AND PROPERTY OWNERSHIP -- Development Plan"
and "~ Memhant Builders."
Appraisal. Brace W. Hull & Associates, Inc. (the "Appraiser") has conducted an appraisal
(the "Appraisal") of land within Improvement Area A and has concluded, based upon the
assumptions and limiting conditions contained in the Appraisal that as of September 3, 2002, the
aggregate value of such land was $173,735,000. The Meyers Group (the "Market Absorption
Consultant") has prepared a Market Analysis and Absorption Projection report (the "Market
Absorption Study") for the purpose of developing a build-out projection for the 1,439 for-sale
residential units and 581 multifamily rental units planned in Improvement Area A as of August 19,
2002. The Market Absorption Study concludes that the residential units within Improvement Area A
should be built-out in the 2002-2007 period assuming continued development with no stops due to
unanticipated market or business factors. See "THE DEVELOPMENT AND PROPERTY
OWNERSHIP -- Appraisal" and "-- Market Absorption Study," Appendix B -- "SUMMARY OF
MARKET ABSORPTION STUDY" and Appendix C -- "APPRAISAL REPORT."
Sources of Payment for the Bonds
Special Taxes. As used in this Official Statement, the term "Special Tax" is that tax which
has been authorized pursuant to the Act to be levied against certain land within Improvement Area A
pursuant to the Act and in accordance with the Rate and Method. See "SOURCES OF PAYMENT
FOR THE BONDS -- Special Taxes" and Appendix A -- RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAX." Under the Indenture, the District has pledged to repay
the Bonds from the Special Tax Revenues and amounts on deposit in the funds and accounts
established under the Indenture other than the Acquisition Fund, the Rebate Fund and the
Administrative Expense Fund. Special Tax Revenues are defined in the Indenture to include the
proceeds of the Special Taxes received by the District, including any scheduled payments and
prepayments thereof, interest and penalties thereon and the proceeds of the redemption or sale of
property sold as a result of foreclosure of the lien of the delinquent Special Taxes in the amount of
said lien and interest and penalties thereon.
The Special Taxes are the primary security for the repayment of the Bonds. In the event that
the Special Taxes are not paid when due, the only sources of funds available to pay the debt service
on the Bonds are amounts held by the Fiscal Agent, including amounts held in the Reserve Fund.
See "SOURCES OF PAYMENT FOR THE BONDS -- Reserve Fund."
Foreclosure Proceeds. The District has covenanted for the benefit of the owners of the
Bonds that it will commence, and diligently pursue to completion, judicial foreclosure proceedings
against Assessor's Parcels under common ownership with delinquent Special Taxes in the aggregate
in excess of $5,000 by the October 1 following the close of the fiscal year in which such Special
Taxes were due, and it will commence and diligently pursue to completion judicial foreclosure
proceedings against all Assessor's Parcels under common ownership with delinquent Special Taxes
in the aggregate in excess of $2,500 by the October 1 following the close of any fiscal year if the
amount in the Reserve Fund is less than the Reserve Requirement. See "SOURCES OF PAYMENT
FOR THE BONDS -- Proceeds of Foreclosure Sales" herein. There' is no assurance that the
property within Improvement Area A can be sold for the appraised value or assessed values
described herein, or for a price sufficient to pay the principal of and interest on the Bonds in the
event of a default in payment of Special Taxes by the current or future landowners within
Improvement Area A. See "SPECIAL RISK FACTORS -- Land Values" and Appendix C --
"SUMMARY APPRAISAL REPORT" herein.
EXCEPT FOR THE SPECIAL TAXES, NO OTHER TAXES ARE PLEDGED TO
THE PAYMENT OF THE BONDS. THE BONDS ARE NOT GENERAL OR SPECIAL
OBLIGATIONS OF THE CITY NOR GENERAL OBLIGATIONS OF THE DISTRICT, BUT
ARE SPECIAL OBLIGATIONS OF THE DISTRICT PAYABLE SOLELY FROM SPECIAL
TAXES AND AMOUNTS HELD UNDER THE INDENTURE AS MORE FULLY
DESCRIBED HEREIN.
Description of the Bonds
The Bonds will be issued and delivered as fully registered Bonds, registered in the name of
Cede & Co. as nominee of The Depository Trust Company, New York, New York ("DTC"), and will
be available to actual purchasers of the Bonds (the "Beneficial Owners") in the denominations of
$5,000 or any integral multiple thereof, under the book-entry system maintained by DTC, only
through brokers and dealers who are or act through DTC Participants as described herein. Beneficial
Owners will not be entitled to receive physical delivery of the Bonds. In the event that the book-
entry-only system described herein is no longer used with respect to the Bonds, the Bonds will be
registered and transferred in accordance with the Indenture. See Appendix I -- "DTC AND THE
BOOK ENTRY SYSTEM."
Principal of, premium, if any, and interest on the Bonds is payable by the Fiscal Agent to
DTC. Disbursement of such payments to DTC Participants is the responsibility of DTC and
disbursement of such payments to the Beneficial Owners is the responsibility of DTC Participants.
In the event that the book-entry-only system is no longer used with respect to the Bonds, the
Beneficial Owners will become the registered owners of the Bonds and will be paid principal and
interest by the Fiscal Agent, all as described herein. See "BOOK-ENTRY-ONLY SYSTEM" herein.
The Bonds are subject to optional redemption, extraordinary mandatory redemption and
mandatory sinking fund redemption as described herein. For a more complete descriptions of the
Bonds and the basic documentation pursuant to which they are being sold and delivered, see "THE
BONDS" and Appendix E -- "SUMMARY OF INDENTURE" herein.
4
/ 0
Tax Matters
In the opinion of Bond Counsel, based on an analysis of existing laws, regulations, rulings
and court decisions, and assuming, among other matters, compliance with certain covenants, interest
on the Bonds is excluded from gross income for federal income tax purposes under Section 103 of
the Internal Revenue Code of 1986 and is exempt from State o£ Califoruia personal income taxes. In
the further opinion of Bond Counsel, interest on the Bonds is not a specific preference item for
purposes of federal individual or corporate alternate minimum taxes, although Bond Counsel
observes that such interest is included in adjusted current earnings in calculating federal corporate
alternative minimum taxable income. Bond Counsel expresses no opinion regarding any other
federal or state income tax consequences relating to the ownership or disposition of, or the accrual or
receipt of interest on, the Bonds. See "TAX MATTERS" herein.
Professionals Involved in the Offering
U.S. Bank, N.A. will act as Fiscal Agent under the Indenture and as the initial Dissemination
Agent under the Continuing Disclosure Agreement and the Developer Continuing Disclosure
Agreement. See Appendices F and G. Stone & Youngberg LLC is the Underwriter of the Bonds.
All proceedings in connection with the issuance and delivery of the Bonds are subject to the approval
of Best [lest & Krieger LLP, San Diego, Bond Counsel. Fieldman Rolapp & Associates is acting as
Financial Advisor to the City in connection with the Bonds. Certain legal matters will be passed on
for the City and the District by the City Attorney, and for the Underwriter by Stradling Yocca
Carlson & Rauth, a Professional Corporation, Newport Beach, California, as Underwriter's Counsel.
Other professional services have been performed by McGill Martin Self, Inc. as Special Tax
Consultant, Bruce W. Hull & Associates, Inc. as Appraiser, and The Meyers Group, as Market
Absorption Consultant.
For information concerning the respects in which certain of the above-mentioned
professionals, advisors, counsel and agents may have a financial or other interest in the offering of
the Bonds, see "FINANCIAL INTERESTS" herein.
Continuing Disclosure
Each of the District and the Developer has agreed to provide, or cause to be provided, to each
nationally recognized municipal securities information repository and any public or private
repository or entity designated by the State as a state repository for purposes of Rule 15c2-12(b)(5)
adopted by the Securities and Exchange Commission certain financial information and operating
data. The District has further agreed to provide notice of certain material events. These covenants
have been made in order to assist the Underwriter in complying with Rule 15c2-12(b)(5). See
"CONTINUING DISCLOSURE" herein, Appendix F and Appendix G hereto for a description of the
specific nature of the reports to be filed by the District and the Developer and notices of material
events to be provided by the District.
Bond Owners' Risks
Certain events could affect the timely repayment of the principal of and interest on the Bonds
when due. See the section of this Official Statement entitled "SPECIAL RISK FACTORS" for a
discussion of certain factors which should be considered, in addition to other matters set forth herein,
in evaluating an investment in the Bonds. The Bonds are not rated by any nationally recognized
rating agency. The purchase of the Bonds involves significant risks, and the Bonds may not be
appropriate investments for some investors. See "SPECIAL RISK FACTORS" herein.
5
DOCSOC\922620v3\22245.0138 ff ~
Forward Looking Statements
Certain statements included or incorporated by reference in this Official Statement constitute
"forward-looking statements" within the meaning of the United States Private Securities Litigation
Reform Act of 1995, Section 21E of the United States Securities Exchange Act of 1934, as amended,
and Section 27A of the United States Securities Act of 1933, as amended. Such statements are
generally identifiable by the terminology used such as "plan," "expect," "estimate," "project,"
"budget" or other similar words. Such forward-looking statements include, but are not limited to,
certain statements contained in the information under the caption "THE COMMUNITY
FACILITIES DISTRICT" and "THE DEVELOPMENT AND PROPERTY OWNERSHIP."
THE ACHIEVEMENT OF CERTAIN RESULTS OR OTHER EXPECTATIONS
CONTAINED IN SUCH FORWARD-LOOKING STATEMENTS INVOLVE KNOWN AND
UNKNOWN RISKS, UNCERTAINTIES AND OTHER FACTORS WHICH MAY CAUSE
ACTUAL RESULTS, PERFORMANCE OR ACHIEVEMENTS DESCRIBED TO BE
MATERIALLY DIFFERENT FROM ANY FUTURE RESULTS, PERFORMANCE OR
ACHIEVEMENTS EXPRESSED OR IMPLIED BY SUCH FORWARD-LOOKING
STATEMENTS. THE DISTRICT DOES NOT PLAN TO ISSUE ANY UPDATES OR
REVISIONS TO THE FORWARD-LOOKING STATEMENTS SET FORTH IN THIS OFFICIAL
STATEMENT.
Other Information
This Official Statement speaks only as of its date, and the information contained herein is
subject to change.
Brief descriptions of the Bonds and the Indenture are included in this Official Statement.
Such descriptions and information do not purport to be comprehensive or definitive. All references
herein to the Indenture, the Bonds and the constitution and laws of the State as well as the
proceedings of the City Council, acting as the legislative body of the District, are qualified in their
entirety by references to such documents, laws and proceedings, and with respect to the Bonds, by
reference to the Indenture. Capitalized terms not otherwise defined herein shall have the meanings
set forth in the Indenture.
Copies of the Indenture and other documents and information referred to herein are available
for inspection and (upon request and payment to the City of a charge for copying, mailing and
handling) for delivery from the City at 276 Fourth Avenue, Chula Vista, CA 91910, Attention:
Director of Finance.
6
ESTIMATED SOURCES AND USES OF FUNDS'
The following table sets forth the expected uses of Bond proceeds:
Sources of Funds
Principal Amount of Bonds $
TOTAL SOURCES $
Uses of Funds
Interest Account(° $
Acquisition Fund
Reserve Fund
Cost of Issuance Fund
Underwriter's Discount
Administrative Expense Fund
TOTAL USES $
Represents a orna~ fi~nded capitalized interest on the Bonds through September 1, 2003.
THE BONDS
Authority for Issuance
The Bonds in the aggregate principal amount of $39,000,000* are authorized to be issued by
the District under and subject to the terms of the Indenture, the Act and other applicable laws of the
State of California.
Purpose of the Bonds
The Bonds are being issued to provide funds to: (i) finance the costs of constructing and
acquiring certain public facilities related to the proposed development within Improvement Area A
(See "THE COMMUNITY FACILITIES DISTRICT -- Description of Authorized Facilities");
(ii) pay costs related to the issuance of the Bonds; (iii) fund the Reserve Fund for the Bonds in the
initial amount of $ *; and (iv)net fund capitalized interest on the Bonds through
September 1,2003. See "ESTIMATED SOURCES AND USES OF FUNDS."
DeScription of the Bonds
The Bonds will be issued as fully registered bonds without coupons in denominations of
$5,000 and any integral multiple thereof and shall be dated the date of delivery thereof. The Bonds
will be issued in book-entry only form and The Depository Trust Company, New York, New York
("DTC") will act as securities depository for the Bonds. So long as the Bonds are held in book-entry
only form, principal of, premium, if any, and interest on the Bonds will be paid directly to DTC for
distribution to the beneficial owners of the Bonds in accordance with the procedures adopted by
DTC. See Appendix i -- "DTC AND THE BOOK ENTRY ONLY SYSTEM." The Bonds will
· Preliminary, subject to change.
7
DOCSOC\922620v3\22245.0138 /O-
mature on September 1, in the principal amounts and years, and bearing rates of interest, as shown on
the inside cover of this Official Statement.
Interest on the Bonds will be payable semiannually on March 1 and September 1 of each
year, commencing September 1, 2003 (each, an "Interest Payment Date") and will be computed on
the basis of a 360-day year comprised of twelve 30-day months. Each Bond will bear interest from
the Interest Payment Date next preceding the date of authentication, thereof, unless (i) such date of
authentication is an Interest Payment Date, in which event interest shall be payable from such date of
authentication, (ii) the date of authentication is after a Record Date but prior to the immediately
succeeding Interest Payment Date, in which event interest shall be payable from the Interest Payment
Date immediately succeeding the date of authentication or (iii) the date of authentication is prior to
the close of business on the first Record Date, in which event interest shall be payable from the date
of the Bonds; provided, however, that if at the time of authentication of a Bond, interest is in default,
interest on that Bond shall be payable from the last Interest Payment Date to which the interest has
been paid or made available for payment.
Interest on any Bond shall be paid to the person whose name shall appear in the books of
registration as the owner of such Bond as of the close of business on the Record Date immediately
preceding such Interest Payment Date. Such interest shall be paid by check of the Fiscal Agent
mailed to such Bondowner at his or her address as it appears on the books of registration or, upon the
request in writing prior to the Record Date of a Bondowner of at least $1,000,000 in aggregate
principal amount of Bonds, by wire transfer in immediately available funds to an account in the
United States designated by such Owner.
Redemption of Bonds*
Optional Redemption. The Bonds maturing on and after September 1, 20__ may be
redeemed at the option of the District prior to maturity as a whole, or in part on any Interest Payment
Date on and after September 1, 20__, from such maturities as are selected by the District, and by lot
within a maturity, from any source of funds, at the following redemption prices (expressed as
percentages of the principal amount of the Bonds to be redeemed), together with accrued interest to
the date of redemption:
Redemption Date Redemption Price
September 1,20__ and March 1, 20__
September i, 20__ and March 1,20__
September 1, 20__ and thereafter
Prehminat3;, subJec o change,
ocsoc,922 2ov3,22245.o, a
Extraordinary Mandatory Redemption from Special Tax Prepayment. The Bonds are subject
to redemption on any Interest Payment Date, prior to maturity, as a whole or in part on a pro rata
basis among maturities from the proceeds of the prepayment of Special Taxes pursuant to the Rate
and Method. Such extraordinary mandatory redemption of the Bonds shall be at the following
redemption prices (expressed as percentages of the principal amount of the Bonds to be redeemed),
together with accrued interest thereon to the date of redemption:
Redemption Date Redemption Price
March 1, 2003 through March 1, 20__ 103%
September 1, 20__ and March 1, 20__ 102
September 1, 20__ and March 1, 20__ 101
September 1, 20__ and thereafter 100
See "SOURCES OF PAYMENT FOR THE BONDS -- Special Taxes -- Prepayment of Special
Taxes" and Section __ of Appendix A for a description of how a property owner may prepay, or will
be required to prepay, Special Taxes.
Mandatory Sinking Fund Redemption. The Bonds maturing on September 1, 20__ are
subject to mandatory sinking fund redemption, in part, by lot, on September 1 in each year
commencing September 1, 20__, at a redemption price equal to the principal amount of the Bonds to
be redeemed, plus accrued and unpaid interest thereon to the date fixed for redemption, without
premium, in the aggregate principal amounts and in the years shown on the following redemption
schedule.
Redemption Date Principal
(September 1) Amount
The Bonds maturing on September 1, 2033 are subject to mandatory sinking fund
redemption, in part, by lot, on September l in each year commencing September 1, 20__, at a
redemption price equal to the principal amount of the Bonds to be redeemed, plus accrued and unpaid
interest thereon to the date fixed for redemption, without premium, in the aggregate principal
amounts and in the years shown on the following redemption schedule.
Redemption Date Principal
(September 1) Amount
In the event of a partial optional redemption or special mandatory redemption of the Bonds,
each of the remaining mandatory sinking fund payments for such Bonds, as applicable, will be
reduced, as nearly as practicable, on a pro rata basis.
Purchase in Lieu of Redemption. In lieu of such an optional, extraordinary mandatory or
mandatory sinking fund redemption, the District may elect to purchase such Bonds at public or
private sale at such prices as the District may in its discretion determine; provided, that, unless
otherwise authorized by law, the purchase price (including brokerage and other charges) thereof shall
not exceed the principal amount thereof plus accrued interest to the purchase date.
Notice and Selection of Bonds for Redemption
In the event the District shall elect to redeem Bonds as provided in the Indenture, the District
shall give written notice to the Fiscal Agent of its election to so redeem, the redemption date, the
principal amount of the Bonds to be redeemed, the maturities from which such Bonds are to be
redeemed and the principal amount of the Bonds to be redeemed from each such maturity, the Bonds
or portions thereof to be selected for redemption.
The notice to the Fiscal Agent shall be given not less than 60 days prior to the redemption
date or such shorter period as shall be acceptable to the Fiscal Agent. If less than all of the Bonds
Outstanding are to be redeemed, the portion of any Bond of a denomination of more than $5,000 to
be redeemed shall be in the principal amount of $5,000 or a multiple thereof, and, in selecting
portions of such Bonds for redemption, the District shall treat each such Bond as representing that
number of Bonds of $5,000 denomination which is obtained by dividing the principal amount of such
Bond to be redeemed in part by $5,000.
oocsoc,922620v3 2245.0,3 ,0
Notice of Redemption
Notice by Mail to Registered Owners. The Fiscal Agent shall mail, at least 30 days but not
more than 4~5 days prior to the date of redemption, notice of intended redemption, by first-class mail,
postage prepaid, to the original purchasers of the Bonds and the respective registered Owners of the
Bonds at the addresses appearing on the Bond registry books. The notice of redemption shall state:
(a) the redemption date; (b) the redemption price; (c) the bond registration numbers, dates of maturity
and CUSIP numbers of the Bonds to be redeemed, and in the case of Bonds to be redeemed in part,
the respective principal portions to be redeemed; provided, however, that whenever any call includes
all Bonds of a maturity, the numbers of the Bonds of such maturity need not be stated; (d) that such
Bonds must be surrendered at the Principal Corporate Trust Office of the Fiscal Agent; (e) that
further interest on such Bonds will not accrue from and after the designated redemption date; (f) the
date of the issue of the Bonds as originally issued; (g) the rate of interest borne by each Bond being
redeemed; and (h) that any other descriptive information needed to identify accurately the Bonds
being redeemed as the District shall direct.
Further Notice. Further notice of redemption shall be sent at least two days before the notice
of redemption is mailed to the Bondholders, as described above, by registered or certified mail or
overnight delivery service to the registered securities depositories and to the national information
services listed in the Indenture or, in accordance with the then-current guidelines of the Securities
and Exchange Commission, such other securities depositories and services providing information on
called bonds, or such other securities depositories and services, as the District may determine in its
sole discretion.
Failure to Receive Notice. So long as notice by first class mail has been provided as set forth
above, the actual receipt by the Owner of any Bond of notice of such redemption shall not be a
condition precedent to redemption, and failure to receive such notice shall not affect the validity of
the proceedings for redemption of such Bonds or the cessation of interest on the date fixed for
redemption.
Certificate of Giving Notice. The notice or notices described above shall be given by the
Fiscal Agent on behalf of the District. A certificate by the Fiscal Agent that notice of call and
redemption has been given to the registered Owners of the Bonds as herein provided shall be
conclusive against all parties, and no Owner whose Bond is called for redemption may object thereto,
or object to cessation of interest on the redemption date, by any claim or showing that he failed to
receive actual notice of call and redemption.
Notice from DTC to Beneficial Owners. So long as the Bonds are held in book-entry-form,
notice of redemption will be sent by the Fiscal Agent only to DTC or its nominee. Conveyance of
redemption notice by DTC to Beneficial Owners is determined by DTC and its participants and is not
the responsibility of the District. See Appendix I --"DTC AND THE BOOK ENTRY SYSTEM."
Effect of Redemption
When notice of redemption has been given, and when the amount necessary for the
redemption of the Bonds called for redemption is set aside for that purpose in the Redemption Fund,
the Bonds designated for redemption shall become due and payable on the date fixed for redemption
thereof, and upon presentation and surrender of said Bonds at the place specified in the notice of
redemption, with the form of assignment endorsed thereon executed in blank, said Bonds shall be
redeemed and paid at the redemption price out of the Redemption Fund and no interest will accrue on
such Bonds or portions of Bonds called for redemption from and after the redemption date specified
in said notice, and the Owners of such Bonds so called for redemption after such redemption date
DOCSOC\922620v3~22245.0138 Il
shall look for the payment of principal and premium, if any, of such Bonds or portions of Bonds only
to said Redemption Fund.
All Bonds redeemed shall be canceled forthwith by the Fiscal Agent and shall not be
reissued. Upon surrender of Bonds redeemed in part, a new Bond or Bonds of the same maturity
shall be registered, authenticated and delivered to the registered Owner at the expense of the District,
in the aggregate principal amount of the unredeemed portion. All unpaid interest payable at or prior
to the date fixed for redemption shall continue to be payable to the respective registered owners of
such Bonds or their order, but without interest thereon.
Transfer and Exchange of Bonds
There shall be kept by the Fiscal Agent, sufficient books for the registration and transfer of
the Bonds and, upon presentation for such purpose, the Fiscal Agent shall, under such reasonable
regulations as it may prescribe, register or transfer or cause to be registered or transferred, on said
register, Bonds. The ownership of the Bonds shall be established by the Bond registration books
held by the Fiscal Agent. Whenever any Bond or Bonds shall be surrendered for registration of
transfer or exchange, the Fiscal Agent shall authenticate and deliver a new Bond or Bonds of the
same maturity, for a like aggregate principal amount of authorized denominations; provided that the
Fiscal Agent shall not be required to register transfers or make exchanges of(i) Bonds for a period of
15 days next preceding the date of any selection of the Bonds to be redeemed, or (ii) any Bonds
chosen for redemption.
Bonds may be exchanged at the Principal Corporate Trust Office, for a like aggregate
principal amount of Bonds of authorized denominations, interest rate and maturity, subject to the
terms and conditions of the Indenture, including the payment of certain charges, if any, upon
surrender and cancellation of a Bond. Upon such transfer and exchange, a new registered Bond or
Bonds of any authorized denomination or denominations of the same maturity and for the same
aggregate principal amount will be issued to the transferee in exchange therefor.
The transfer of any Bond may be registered only upon such books of registration upon
surrender thereof to the Fiscal Agent, together with an assignment duly executed by the Owner or his
attorney or legal representative, in satisfactory form. Upon any such registration of transfer, a new
Bond or Bonds shall be authenticated and delivered in exchange for such Bond, in the name of the
transferee, of any denomination or denominations authorized by the Indenture, and in an aggregate
principal amount equal to the principal amount of such Bond or Bonds so surrendered. In all cases in
which Bonds shall be exchanged or transferred, the Fiscal Agent shall authenticate the Bonds in
accordance with the provisions of the Indenture. All Bonds surrendered in such exchange or transfer
shall forthwith be canceled. The Fiscal Agent may make a charge for every such exchange or
registration of transfer of Bonds sufficient to reimburse it for any tax or other govermnental charge
required to be paid with respect to such exchange or registration or transfer.
12
DOCSOC\922620v3\22245.0138 /~) ,~
Schedule for the Bonds'
Period Ending Principal Interest Total Debt Service
(September 1) on Bonds on Bonds on Bonds
2003 $ $
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
SOURCES OF PAYMENT FOR THE BONDS
Obligations
are special, limited obligations of the District payable only from amounts pledged
Indenture and from no other sources.
Special Taxes are the primary security for the repayment of the Bonds. Special Taxes d~o
amounts received by the District with respect to property within Improvement
the Indenture, the District has pledged to repay the Bonds from the Special Tax
remaining after the funding of the annual Administxative Expense Requirement of $75,000
held in the funds and accounts under the Indenture, other than amounts held in the
the Rebate Fund and the Administrative Expense Fund. Special Tax Revenues are
Indenture to include the proceeds of the Special Taxes received by the District,
scheduled payments and prepayments thereof, interest and penalties thereon, the
redemption of delinquent Special Taxes or sale of property sold as a result of
change.
13
DOCSOC\922620v3\22245.0138 / ~.~--~
foreclosure of the lien of delinquent Special Taxes in the amount of said lien, and interest and
penalties thereon.
In the event that the Special Tax Revenues are not received when due, the only sources of
funds available to pay the debt service on the Bonds are amounts held by the Fiscal Agent, including
amounts held in the Reserve Fund, for the exclusive benefit of the Owners of the Bonds.
NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE CITY,
THE COUNTY OF SAN DIEGO, THE STATE OF CALIFORNIA OR ANY POLITICAL
SUBDIVISION THEREOF 1S PLEDGED TO THE PAYMENT OF THE BONDS. EXCEPT
FOR THE SPECIAL TAXES, NO OTHER TAXES ARE PLEDGED TO THE PAYMENT OF
THE BONDS. THE BONDS ARE NOT GENERAL OR SPECIAL OBLIGATIONS OF THE
CITY BUT ARE SPECIAL OBLIGATIONS OF THE DISTRICT PAYABLE SOLELY
FROM THE SPECIAL TAXES AND OTHER AMOUNTS PLEDGED UNDER THE
INDENTURE AS MORE FULLY DESCRIBED HEREIN.
Special Taxes
Authorization and Pledge. In accordance with the provisions of the Act, the City Council
established the District and designated Improvement Areas A and B on September 10, 2002 for the
purpose of financing the acquisition, construction and installation of various public improvements to
serve the District. At a special election held on September 17, 2002, the owners of the property
within Improvement Area A authorized the District to incur indebtedness secured bv S_~necial Taxes
levied on nropertv in lmnrovement Area A in an amount not to exceed a $39.000.00~0, and
approved the Rate and Method which authorized the Special Tax to be levied to repay District
indebtedness for Improvement Area A, including the Bonds.
The District has covenanted in the Indenture that by July I of each year (or such later date as
may be authorized by the Act) it will levy Special Taxes within Improvement Area A up to the
maximum rates permitted under the Rate and Method in the amount required for the payment of
principal of and interest on any Outstanding Bonds becoming due and payable during the ensuing
calendar year, including any necessary replenishment or expenditure of the Reserve Fund and the
amount estimated to be sufficient to pay the Administrative Expenses during such calendar year.
The Special Taxes levied in any fiscal year may not exceed the maximum rates authorized
pursuant to the Rate and Method. See Appendix A -- "RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAX" hereto. There is no assurance that the Special Tax
proceeds will, in all circumstances, be adequate to pay the principal of and interest on the Bonds
when due. See "SPECIAL RISK FACTORS Insufficiency of Special Taxes" herein.
Rate and Method. Under the Rate and Method, all Taxable Property within Improvement
Area A shall be classified as Developed Property or Undeveloped Property and shall be subject to the
levy of annual Special Taxes as described below. Developed Property shall be assigned to Zone I or
Zone 2 and shall be further classified as Residential Property, Commercial Property or Hotel
Property.
The Maximum Annual Special Tax for each Assessor's Parcel of Residential Property,
Commercial Property or Hotel Property shall be the greater of (1)the Assigned Special Tax
described below or (2) the Backup Special Tax computed as described below.
The Assigned Special Tax for each Assessor's Parcel of Developed Property is shown in the
tables below.
Zone 1 (Vistas)
Assigned Annual Special Tax for Developed Property
Land Use Class Description Assigned Annual Special Tax
1 Residential Property $0.58 per square foot of
Residential Floor Area
2 Commercial Property $6,000 per Acre
3 Hotel Property $6,000 per Acre
Zone 2 (Woods)
Assigned Annual Special Tax for Developed Property
Land Use Class Description Assigned Annual Special Tax
I Residential Property $0.67 per square foot of
Residential Floor Area
2 Commercial Property $6,000 per Acre
When a Final Subdivision Map is recorded within Zone 1 and 2 of Improvement Area A the
Backup Special Tax for Assessor's Parcels classified as Residential Property, Commercial Property
or Hotel Property shall be determined as follows:
For each Assessor's Parcel of Residential Property or for each Assessor's Parcel of
Undeveloped Property to be classified as Residential Property upon its development within the Final
Subdivision Map area, the Backup Special Tax shall be the rate per Lot calculated according to the
following formula:
Zone 1 (Vistas)
$11,037 x A
L
Zone 2 (Woods)
$8,332 x A
L
The terms above have the following meanings:
B = Backup Special Tax per Lot in each Fiscal Year.
A= Acreage classified or to be classified as Residential Property in such Final
Subdivision Map.
L = Lots in the Final Subdivision Map which are classified or to be classified as
Residential Property.
~5
For each Assessor's Parcel of Commercial Property or Hotel Property or for each Assessor's
Parcel of Undeveloped Property to be classified as Commercial Property or Hotel Property within the
Final Subdivision Map area, the Backup Special Tax shall be determined by multiplying $11,037 for
Zone I and $8,332 for Zone 2 by the total Acreage of each Assessor's parcels of the Commercial or
Hotel Property and Undeveloped Property to be classified as Commercial Property or Hotel Property
within the Final Subdivision Map area.
Notwithstanding the foregoing, if Assessor's Parcels of Residential Property, Commemial
Property, Hotel Property or Undeveloped Property for which the Backup Special Tax has been
determined are subsequently changed or modified by recordation of a new or amended Final
Subdivision Map, then the Backup Special Tax applicable to such Assessor's Parcels shall be
recalculated to equal the amount of Backup Special Tax that would have been generated if such
change did not take place.
The Maximum Annual Special Tax for each Assessor's Parcel classified as Undeveloped
Property shall be $11,037 per acre for Zone 1 and $8,332 per acm for Zone 2.
Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the City Council
shall determine the Special Tax Requirement and shall levy the Special Tax until the amount of
Special Taxes 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 within Zones 1 or 2 at a rate up to 100% of the applicable Assigned Special Tax
to satisfy the Special Tax Requirement.
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
Undeveloped Property, excluding any Assessor's Parcels classified as Exempt Property at a rate up to
100% of the Maximum Annual Special Tax for Undeveloped Property.
Third: If additional monies are needed to satisfy the Special Tax Requirement after the first
two steps have been completed, the Special Tax to be levied on each Assessor's Parcel of Developed
Property whose Maximum Annual Special Tax is derived by the application of the Backup Special
Tax shall be increased Proportionately from the Assigned Special Tax up to the Maximum Annual
Special Tax for each such Assessor's Parcel.
Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first
three steps have been completed, then the Special Tax shall be levied Proportionately on each
Assessor's Parcel classified as Undeveloped Property pursuant to -~ Section E of the Rate and
Method at a rate up to 100% of the Maximum Annual Special Tax for Undeveloped Property.
Notwithstanding the above, under no circumstances will the Special Tax levied against any
Assessor's Parcel of Residential Property be increased by more than ten percent per year as a
consequence of delinquency or default in the payment of Special Taxes by the owner of any other
Assessor's Parcel.
Prepayment of Special Taxes. There are certain events that will result in a required
prepayment of Special Taxes. In addition, under the Rate and Method, the owner of a parcel for
which a building permit has been issued may prepay the Special Tax obligation for a parcel in whole
or in part. Any required or voluntary prepayment of Special Taxes will result in an extraordinary
16
DOCSOC\922620v3\22245.0138 /1~- ~'~
redemption of Bonds. See "THE BONDS -- Redemption -- Extraordinary Mandatory Redemption
from Special Tax Prepayment."
A required prepayment of Special Taxes will also occur on a parcel to the extent necessary to
comply with the City's policy that the total annual taxes and assessments on a parcel, exclusive of
special taxes for services, will not exceed two pement (2%) of the sales price of a parcel to a
residential homeowner. The Developer has agreed to comply with the policy and the Developer and
the City expect that the current memhant builders will also agree to comply with the policy.
Additionally, the Developer has agreed with the City to require all additional merchant builders to
comply with this policy. Based on estimated retail home sales prices, the Developer does not
anticipate that the total taxes and assessments, exclusive of special taxes for services, will exceed 2%
of the sales price. As shown in Table 6 under the caution "THE COMMUNITY FACILITIES
DISTRICT -- Exnected Tax Burden." the exnected tax burden ~excludin~ taxes allocable to
City. maintenance communi .ty facilities districts~ on a tvnical single family detached unit will be
1.729% in the case of a unit in Vistas and 1.63006% in the case of a unit in Woods. Under the
policy, prior to the closing of an escrow for the sale of a residential unit, the merchant builder is to
deposit into escrow the amount needed to partially prepay the Special Taxes or other special taxes or
assessments so that following such prepayment the parcel will be in compliance with the policy.
Upon the closing of the escrow, any prepayment of Special Taxes will be paid to the Director of
Finance of the City and will be sent to the Fiscal Agent to redeem Bonds.
Collection and Application of Special Taxes. The Special Taxes are levied and collected by
the Treasurer-Tax Collector of the County in the same manner and at the same time as ad valorem
property taxes.
The District has made certain covenants in the Indenture for the purpose of ensuring that the
current maximum Special Tax rates and method of collection of the Special Taxes are not altered in a
manner that would impair the District's ability to collect sufficient Special Taxes to pay debt service
on the Bonds and Administrative Expenses when due. First, the District has covenanted that, to the
extent it is legally permitted to do so, it will not reduce the maximum Special Tax rates and will
oppose the reduction of maximum Special Tax rates by initiative where such reduction would reduce
the maximum Special Taxes payable from parcels on which a completed structure is located to less
than 110% of Maximum Annual Debt Service on Outstanding Bonds and Parity Bonds. See
"SPECIAL RISK FACTORS -- Proposition 218." Second, the District has covenanted not to permit
the tender of Bonds in payment of any Special Taxes except upon receipt of a certificate of a Special
Tax Consultant that to accept such tender will not result in the District having insufficient Special
Tax Revenues to pay the principal of and interest when d~e on the Bonds remaining Outstanding
following such tender. See "SPECIAL RISK FACTORS -- Non-Cash Payment of Special Taxes."
Although the Special Taxes constitute liens on taxed parcels within Improvement Area A,
they do not constitute a personal indebtedness of the owners of such property within Improvement
Area A. Moreover, other liens for taxes and assessments already exist on the property located within
Improvement Area A and other such liens could come into existence in the future in certain situations
without the consent or knowledge of the City or the landowners therein. See "SPECIAL RISK
FACTORS -- Parity Taxes, Special Assessments and Land Development Costs" herein. There is no
assurance that property owners will be financially able to pay the annual Special Taxes or that they
will pay such taxes even if financially able to do so, all as more fully described in the section of this
Official Statement entitled "SPECIAL RISK FACTORS."
Under the terms of the Indenture, not later than the tenth Business Day after receipt, all
Special Tax Revenues received by the District are to be deposited in the Special Tax Fund. Special
Tax Revenues (with the exception of Special Tax Revenues representing Prepayments) are to be
applied by the Fiscal Agent under the Indenture in the following order of priority: (1)to deposit
annually up to $75,000 to the Administrative Expense Ftmd, (2) to pay the principal of and interest
on the Bonds when due, (3) to replenish the Reserve Fund to the Reserve Requirement, (4) to make
any required transfers to the Rebate Fund and (5)to pay Administrative Expenses of the District
above the $75,000 referenced in (1) above. See Appendix E --"SUMMARY OF INDENTURE."
Special Tax Revenues representing Prepayments shall be transferred to the Bond Service Fund as
provided for in the Indenture and used to redeem Bonds. See "THE BONDS - Redemption of Bonds
- Extraordinary Mandatory Redemption from Prepayment."
Proceeds of Foreclosure Sales. The net proceeds received following a judicial foreclosure
sale of land within Improvement Area A resulting from a landowner's failure to pay the Special
Taxes when due are included within the Special Tax Revenues pledged to the payment of principal of
and interest on the Bonds under the Indenture.
Pursuant to Section 53356.1 of the Act, in the event of any delinquency in the payment of
any Special Tax or receipt by the District of Special Taxes in an amount which is less than the
Special Tax levied, the City Council, as the legislative body of the District, may order that Special
Taxes be collected by a superior court action to foreclose the lien within specified time limits. In
such an action, the real property subject to the unpaid amount may be sold at a judicial foreclosure
sale. Under the Act, the commencement of judicial foreclosure following the nonpayment of a
Special Tax is not mandatory. However, the District has covenanted for the benefit of the owners of
the Bonds that it will commence and diligently pursue to completion, judicial foreclosure
proceedings against (i) properties under common ownership with delinquent Special Taxes in the
aggregate of $5,000 or more by the October 1 following the close of the Fiscal Year in which such
Special Taxes were due, and (ii) against all properties with delinquent Special Taxes in the aggregate
of $2,500 or more by the October 1 following the close of any fiscal year if the amount in the
Reserve Fund is less than the Reserve Requirement. See Appendix E -- "SUMMARY OF
INDENTURE -- Other Covenants of the District" herein.
If foreclosure is necessary and other funds (including amounts in the Reserve Fund) have
been exhausted, debt service payments on the Bonds could be delayed until the foreclosure
proceedings have ended with the receipt of any foreclosure sale proceeds. Judicial foreclosure
actions are subject to the normal delays associated with court cases and may be further slowed by
bankruptcy actions, involvement by agencies of the federal government and other factors beyond the
control of the City and the District. See "SPECIAL RISK FACTORS -- Bankruptcy and
Foreclosure" herein. Moreover, no assurances can be given that the real property subject to
foreclosure and sale at a judicial foreclosure sale will be sold or, if sold, that the proceeds of such
sale will be sufficient to pay any delinquent Special Tax installment. See "SPECIAL RISK
FACTORS -- Land Values" herein. Although the Act authorizes the District to cause such an action
to be commenced and diligently pursued to completion, the Act does not impose on the District or
the City any obligation to purchase or acquire any lot or parcel of property sold at a foreclosure sale
if there is no other purchaser at such sale. However, the City does have the ability to use the
foreclosure judgment to purchase property by credit bid at a foreclosure sale, in which case the City
would have no obligation to pay such credit bid for 24 months. The Act provides that, in the case of
a delinquency, the Special Tax will have the same lien priority as is provided for ad valorem taxes.
Reserve Fund
In order to secure further the payment of principal of and interest on the Bonds, the District is
required, upon delivery of the Bonds, to deposit in the Reserve Fund and thereafter to maintain the
Reserve Fund at an amount equal to the Reserve Requirement. The Indenture provides that the
amount in the Reserve Fund shall, as of any date of calculation, equal the lesser of (i) 10% of the sale
DOCSOC\922620v3\22245.0138 / ~ ~-
proceeds of the Bonds, (ii)the maximum annual debt service of the Bonds, or (iii)one hundred
twenty-five percent (125%) of the average annual debt service on the proceeds of the Bonds (the
"Reserve Requirement").
Subject to the limits on the maximum annual Special Tax which may be levied within
Improvement Area A, as described in Appendix A, the District has covenanted to levy Special Taxes
in an amount that is anticipated to be sufficient, in light of the other intended uses of the Special Tax
proceeds, to maintain the balance in the Reserve Fund at the Reserve Requirement. Amounts in the
Reserve Fund are to be applied to (i) pay debt service on the Bonds, to the extent other monies are
not available therefore, (ii)redeem the Bonds in whole or in part, and (iii)pay the principal and
interest due in the final year of maturity of the Bonds. In the event ora prepayment of Special Taxes,
under certain circumstances, a portion of the Reserve Fund will be added to the amount being
prepaid. As described in the Rate and Method, the Reserve Fund Credit will be equal to the lesser of:
(a) the expected reduction in the Reserve Requirement, if any, as a result of prepayment, or (b) the
amount derived by subtracting the new Reserve Requirement in effect after the redemption fi.om the
balance in the Reserve Fund, but in no event shall such amount be less than zero. See Appendix E --
"SUMMARY OF INDENTURE" herein.
Issuance of Parity Bonds
The District covenanted in the Indenture not to issue any other obligations payable fi.om the
Special Taxes levied on land within Improvement Area A which have, or purport to have, any lien
upon the Special Taxes superior to or on a parity with the lien of the Bonds herein authorized.
Nothing in the Indenture prevents the District from issuing and selling, pursuant to law, refunding
bonds or other refunding obligations payable from and having a first lien upon the Special Taxes on a
parity with the Outstanding Bonds so long as the issuance of such refunding bonds or other refunding
obligations results in a reduction in the Annual Debt Service on the Bonds and such refunding bonds
or other refunding obligations taken together.
THE COMMUNITY FACILITIES DISTRICT
General Description of the District and Improvement Area A
The District consists of approximately 875 acres and is located in the easterly portion of the
City, approximately five miles east of Interstate 805 along both the north and south sides of Otay
Lakes Road -~. The District is divided into two Improvement Areas: Improvement Area A and
Improvement Area B. The Bonds will be secured by Special Taxes levied on property within
Improvement Area A only. Improvement Area A is divided into 21 residential planning areas and 2
commercial planning areas and consists of approximately a 737 gross acres. At buildout, the
residential planning areas are expected to be developed into 1,439 detached residential units, 581
multifamily residential units, two school sites, a community facilities site, a fire station site and
parkland. The commercial planning areas are expected to be developed into a 12.2 acre commercial
site and an l 8.4 acre tourist hotel site.
The Developer is currently the owner of 11 planning areas within Improvement Area A
(including the two commercial planning areas) has sold 12 planning areas to various merchant
builders. See "THE DEVELOPMENT AND PROPERTY OWNERSHIP -- Development Plan."
19
DOCSOC\922620v3\22245.0138
Description of Authorized Facilities
The facilities authorized to bc acquired or constructed by thc District with the proceeds of the
Bonds consist of various public improvements to serve property within Improvement Area A
described in Table 1 below. In addition to or in substitution for thc facilities listed below, thc City
and thc Developer may agree to finance additional or different eligible facilities.
TABLE 1
ESTIMATED COSTS OF PROJECTS
Projects Cost Estimate(l)
City of Chula Vista - Traffic Enha. ncement Program $ 1,000,000
East Olympic Parkway 6,628,980
West Olympic Parkway 14,317,392
Hunte Parkway 1,565,687
Otay Lakes Road 6,759,814
Proctor Valley Road 1,000,000
Telegraph Canyon Road Widening/Traffic Improvements 2,700,000
Traffic Signals 1,111,000
TOTALS $ 35,082,873
Costs shown may not represent total cost of improvement and sol~ costs. The Developer expects to pay the overage from
proceeds of lot sales.
Sources: Developer and McGill Martin Self, Inc.
Status of Public Improvements
The status of certain of the public imnrovements servine Imnrovement Area A as
October 15. 2002 is summarized in Table 2 below.
STATUS OF PUBLIC IMPROVEMENTS
Total Soent to
Public Imorovement Bgldg~t Date Comnlet¢
O~lpJr~.al:kl~ ~ ~ 51o/.
~LLake,5~/a~ 7.383.59~22 2~464.451 33
~[.0~C~- Traffic Enhancement Pro~ralrll 1.000.000 0 0
t~.,Q,~l jg~arJ~,~ 6+6211,9280 5.471.571 83
~ 1.565:687 1~565.687 100
~ 1,000.000 0 0
Tele~.ranh Canyon Road Widening/Traffic 2,7J11)+0~ 0 0
Imnrovements
~ 1.111,000 319:166 29
Source: Develone~r -~
For a description of development activity within certain individual planning areas, see "THE
DEVELOPMENT AND PROPERTY OWNERSHIP -- Merchant Builders."
20
DOCSOC\922620v3\22245.0138
Principal Taxpayers
Table 3 below sets forth the percentage of the Special Taxes that the property owners in
Improvement Area A would pay in fiscal year 2003-04 based on a projected Special Tax levy of
$2,962,440.
DOCSOC\922620v3\22245.0138
TABLE ~' 3
PROJECTED PRINCIPAL TAXPAYERS FOR
FISCAL YEAR 2003-04
Fiscal -~ Year
Planning Area Ownera) 2003-04 Special Taxa~ % of Total
Merchant Builder Owned
Planning Areas
Vistas (Zone 1)
VR3 RWR $ -~ 173.874 5.87%
VR4 Davidson ~ 128:906 4.35%
VR5/6 Fieldstone a 125:335 4.23%
VR8 Cornerstone a 124.21~2 4.19%
VR9/I 1 William Lyon Homes -~ 113:955 3.85%
VR 10 Western Pacific Homes -~ 57.05~2 i .93 o/~
Subtotal $ -~ 723.334 24.42%
Woods (Zone 2)
WR-3 Colrich $ ~- 162:076 5.47%
WR-4 Continental -~ 100:948 3.41%
WR-6/7 Cornerstone a 228.14~5 7.70 o/o
Subtotal $ -~ 491:169 16.58%
Developer Owned Planning
Areas
Vistas (Zone 1)
VR-1 a The Eastl,ake Comnanv. LL~C 5; 164:269 5.55%
VR-2 The EastLake Comnanv. I~I,C 118:148 3.99 °/0
VR-6B The EastLake Comnanv. LLC 114.40~4 3.86%
VR-7 The EaatLake Comnanv. LI[,~C 96.585 3.26%
VR-12 The Eaatl~ake Com nanv.~2. LLC 103.17~3 3.48%
~ The EastLake Comnanv. LI,C 93.66~ 3.16%
~ The EastLake Comnanv. I,LC 228.50~9 7.71%
CPF-1 The Ea~tLake Comnanv. I,L~C 30.024 1.01%
Subtotal 5; 948.77~5 32.03%
Woods ~Zone ~)
WR-1 The EastLake Company. LI.C $ 276.392 9.33%
-3~tLRe2,a~K03:Y]~- The EastLake Comnanv. LI,~C 335.626 11.33%
~ The Eastl,ake Comnanv. LL~C 84.95~2 2.87%
PO-l(E~lem School) The EastLake Comnany: LL(' 80.48~7 2.72%
PO_-3(Fire Station) The Eastl,ake Comnanv. LLC 4.74/I 0.16%
P-2 The Eastl,ake Comnanv. 1,1,C 16.957 0.57%
Subtotal 5; 799~162 26.98%
Developer Combined Total
-~ The Ea~tLake Comnanv. LL~C $ 1,747.937 59.00%
TOTAL $ 2.962.44~0 100.00%
i1) Ownership information from Developer as ofa Sentember 3. 20fl~2.
tel Estimated Special Tax Levy for Fiscal Year 2003-04 based on Property Special Tax.
22
Estimated Direct and Overlapping Indebtedness
Within Improvement Area A's boundaries are numerous overlapping local agencies
providing public services. Some of these 'local agencies have outstanding bonds or other forms of
indebtedness which are secured by taxes and assessments on the parcels within Improvement Area A
and others have authorized but unissued bonds which, if issued, will also be secured by taxes and
assessments levied on parcels within Improvement Area A. The approximate amount of the direct
and overlapping debt secured by such taxes and assessments on the parcels within Improvement
Area A for fiscal year 2002-03 is shown in -~ Table 4 below (the "Debt Report").
The Debt Report has been derived from data assembled and reported to the District by
California Municipal Statistics, Inc. Neither the District, the City nor the Underwriter has
independemly verified the information in the Debt Report and do not guarantee its completeness or
accuracy.
23
DOCSOC\922620v3\22245.0138
TABLE -~ 4
DIRECT AND OVERLAPPING DEBT SUMMARY
IMPROVEMENT AREA A OF CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 06-I (EASTLAKE - WOODS
2001-02 l,neal Secured Assessed Valuation: ~3-g_760.1g~fl
DIRECT AND OVERLAPPING TAX AND ASSESSMENT DEBT: ~App]h~ Debt 913102
San Diego Coun~ Water Authnri~ 0.fllq°/~ ~ 612
Metranolitan Water District fi.fl03 1
Otav Municinal Water Dintriet. I.D. No. 2~ 1.2&~ 132.46~
Southwestern Cnmmuni~ College District 0.172
~Wg~ater Union Hioh School Dist~ct 0.206 74.397
Chula Vista City ~ehool District 0.299 1S1.48~
Chula Vista Ci~ and ~wee~ater Union Hioh ~chool District
Communi~ Facilities Districts ~ 1
Cit~ Of Chula Vista Community Facilities District No. 06-1 100.
Ci~ of Chula Vista A~nennment District No. 2001-1 (Refnnded AD 90-03~ 0.242
TOTAL DIRECT AND ~VERI,APPlNG TAX AND A~SES~MENT DEBT
OVERLAPPING GENERAl, FUND OBLIGATION DEBT:
~an Dieoa Coun~ General Fund Oblioations 0.018%
San Diego County Pension Ohlioatians 0.018
~an Diego Coun~ ~unerintendent of Schools Ohlioations 0.018
Ot~y Mnnicinal Water District Ce~ifieaten of Partieination 0.35~
~outhwestern Commnni~ Calleoe District General Fund Ohlioationn 0.184 7.02~
~wee~ater I~nion Hioh ~chnnl District Certificates of Pnrtiei~atlon 0.223
Chula Vin~a Ci~ ~chool District General Fund Obligations fl.314 202.01~
Ci~ nf Chula Vista Certificates flf Pa~icination 0.375
Ci~ of Chula Vista Pension Ohlioation~ 0.37S 49.61~
TOTAL GROSS OVERLAPPING GENERAl, FUND ORI,IGATI~N DEBT ~g86.67~
Leas: Otav Mnnicinal Water Digtriet Ce~ifieates of Participation tiff0% self-sunnorting~
TOTAL NET OVERLAPPING GENERAL FUND OBLIGATION DEBT ~79S.71~
GROSS COMBINED TOTAL DEBT
NET COMBINED TOTAL DEBT ~1.300_6S~
Rafina to 2001-02 Ansenned Valuafinn:
Direct Debt ................................................................................ - %
Total Direct and Overlannln~Tax and A~senament Deb~ .,....1.41%
o
Gross Combined Total Debt ...................................................3.89 Fo
STATE SCHOOL RUILDING AID REPAVARI,E A~ OF 6/30/02:~0
~ Excludes the Bonds.
Excludes tax and revenue antlcination notes: revenue, mo~oaoe revenne and tax allocation honda and non-
bonded eanital lease oblioations.
Source: California Mnnieipal Statistics. Inc.
24
The authorized but unissued debt of -~ existin~ community facilities districts with
boundaries overlapnin~ Improvement Area A as of October 1, 2002 is summarized in -~ Table 5
below. In addition, landowners within Improvement Area A may form other community facilities
districts.
TABLE -~ 5_
SUMMARY OF OVERLAPPING COMMUNITY FACILITIES DISTRICTS
Undeveloped
Land Final Map
Special Tax Special Tax Propert~ Special
District Purpose Per Acre Base Rate a~a~ Tax (4~ Authorized Debt
Chula Vista Elementary CFD No. Im Elementary Schools $ 1,000 $ 185.94 250% 150,000,000
Sweetwater High School CFD No. IItl High Schools 1,000 449.17I~l 250% 150,000,000
On July I of each year, the maximum special tax rates shall be increased prior to development of a parcel by the greater of (i) the annual
percentage change in the Engineering News Record building cost index for the City of Los Angeles determined every May 31 for the prior
12-month pedod, or (ii) two percent per fiscal year, and after development of a parcel at the rate of 2% per annum.
The Special Tax for developed Property is applied by multiplying the Base Rate by the factor derived from the following data:
Residential (Developed Square FeeO Factor (% of Base Tax)
400-950 55%
951-1,100 80%
1,100-1,350 95%
1,351-1,500 110%
1,501-I,650 125%
1,651-2,000 150%
2,001 + 180%
Commercial (Developed Square FooO
Per square foot of developed space .15%
Industrial
Per acre of land 500%
These amounts are currently pledged to lease payment with respect to certain certificates of participation of the Sweetwater High School
District and will also be pledged to lease payments with respect to a future series of certificates of participation.
This Special Tax is derived using a factor of 250% of the Special Tax Base Rate and multiplying by the acreage, or pro-rata portion thereof,
mi any approved subdivision tract end,or parcel map.
Source: McGill Martin Self, Inc.
25
DOCSOC\922620v3\22245.0138 /0"~/
Expected Tax Burden
It is expected that the total tax burden on residential units in Improvement Area A will be
slightly less than 2% of the initial sales price of the units. The estimated total effective tax rate for a
typical single family detached unit is estimated to be 1.80073% in the case of a unit in Vistas and
1.68854% in the case of a unit in Woods. a Table 6 below sets forth an estimated property tax bill
for a single £amily detached unit of 2,396 square feet in the case of a unit in Vistas and 2,603 square
feet in the case of a unit in Woods. .ITYPICAL UNIT DESCRIPTION TO COME FROM
McGILL MARTIN SELF!
SAMPLE PROPERTY TAX BILL
PROJECTED FOR FISCAL YEAR 2003-04
FOR A SINGLE FAMILY DETACHED UNIT
Single Family Single Family
Percent of Detached Unit Detached Unit
Total,4ssessed In Tax Zone 1 In Tax Zone 2
Valuation (Vistas) (Woods)
House Square Footage a 2.39~6 2.60~3
Sales Price $ 360,717.00 $ 480,738.00
Total Assessed Value $ 353,717.00 $ 473,738.00
Basic Levy 1.00000% $ 3,537.17 $ 4,737.38
MWD 0.00670 23.70 3 1.74
County Water Authority 0.00075 2.65 3.55
Chula Vista Elementary G.O. Bond 0.02645 93.56 125.30
Sweetwater High School District G.O. Bond 0.02196 77.68 104.03
Southwestern Community College G.O. Bond 0.01504 53.20 71.25
Ota¥ Water ID #27 0.01500 53.06 71.06
Total Taxes Based on Assessed Value $ 3,841.02 $ 5,144.31
Chula Vista Elementary CFD No. 1 334.69 334.69
Chula Vista Elementary CFD No. 1 G.O. Credit (93.56) (125.30)
Sweetwater Union High School CFD No. 1 808.85 808.85
Sweetwater UHSD No. a I G.O. Credit (77.68) (104.03)
Chula Maintenance CFD No. 07-M 258.77 281.12
City of Chula Vista CFD 06-I 1,389.68 1,744.01
Mosquito/Rat Control 2.29 2.29
MWD Water Standby Charge 11.50 11.50
Otay Water Availability 10.00 10.00
CWA Water Availability 10.00 10.00
Total Assessments and Parcel Charges 2,654.54 2,973.13
$ 6._495.56 $ 8_.117.44
Total Effective Tax Rate 1.80073% 1.68854%
Source: McGill Martin Self, Inc.
Estimated Value-to-Lien Ratios
The value of the land within Improvement Area A is.significant because in the event of a
delinquency in the payment of Special Taxes the District may foreclose only against delinquent
parcels in Improvement Area A. -~ Table 7A summarizes the existing direct and overlapping debt
26
payable from taxes and assessments levied on property within Improvement Area A and the
appraised value-m-lien ratios for property in Improvement Area A. The assessed value of the land
within Improvement Area A for fiscal year -~ ~ which is expected to be taxed in fiscal year
2003-04 was ~' $35.760~180. The estimated assessed value-to-lien ratio of the property within
Improvement Area A following the issuance of the Bonds based on the fiscal year 2002-03
Assessor's roll is -~ 1.09 to 1'. The appraised value of the land within Improvement Area A as set
forth in the Appraisal is $173,735,000. The estimated appraised overall value-to-lien ~- ratio based
upon land values and property ownership in Improvement Area A described in the Appraisal as of
September 3, 2002 is 4.27 to 1^*. The estimated value-to-lien ratio for the combined Develoner-
owned land in lmnrovement Area A is 2.90 to 1',
'Preliminary, subjec ochange.
27
DOCSOC\922620v3\22245.0138 //{9 '~ ~
Certain Developer-owned nronerty, in lmnrovement Area A consistin~ of onen snace, a
school site: a hark site. a community nurnose site and a fire station site a ....
to the Snecial Tax levv but were not assigned a value in the Annraisal. It is exnected that such
nronerties will become exemnt from the Sneciai Tax levy. in the future upon transfer tO an
exemnt entity. Table 7B below summarizes the apnraised value-to-lien ratios for nronertv in
Imnrovement Area A that would result if such nronertv was currently exemnt from the Snecla!
Tax levv. There can be no ~uarantee as to when such nronertv will become exemot or that the
ratios described in Table 7B below will result upon such nronertv becomin~ exemnt. The effect
of such pronertv becomin~ exemnt is to shift more Snecial Taxes to the merchant builder
owned narcels from the Developer owned narcels thereby Iowerin~ the estimated value-to-lien
ratio on the merchant builder owned narceis and increasin~ such ratio on the Developer owned
oarceIs.
29
DOCSOC\922620v3X22245.0138
Permitted Land Use
Table 8 below describes the currently approved land uses within Improvement Area A.
TABLE ~- 8
LAND USE SUMMARY IMPROVEMENT AREA A OF
COMMUNITY FACILITIES DISTRICT NO. 06-I
Dwelling
Use Acres Units
Residential 356 2,020
Commercial 30
-~ Parks°) 16
Community Purpose a FaeilitiesOl 13
a School(i) 41
Fire -~ Station(l) 1
Open Space and -~ Road~ 280
Total 737 2.020
~ Certain of such land will initially be sub,!ect to the levv of Special Taxes but was not
assigned a value in the Annraisal. See "~ Estimated Value-To-Lien Ratios."
Source: City and Developer
DOCSOC~922620v3\22245.0138
[PLANNING AREA MAP]
32
DOCSOC\922620v3\22245.0138
I~
THE DEVELOPMENT AND PROPERTY OWNERSHIP
Except for the information under .the captions "--Appruisal' and" Market Absorption
Study, "the Developer has provided the information in this section.
The information herein regarding ownership of property in Improvement Area A has been
included because it is considered relevant to an informed evaluation of the Bonds. The inclusion in
this OJficial Statement of information related to existing owners of property should not be construed
to suggest that the Bonds, or the Special Taxes that will be used to pay the Bonds, are recourse
obligations of the property owners. A property owner may sell or otherwise dispose of land within
Improvement Area A or a development or any interest therein at any time.
No assurance can be given that the proposed development within Improvement Area A w£11
occur as described below. As the proposed land development progresses and parcels are sold, it is
expected that the ownership of the land within Improvement Area A will become more diversified.
Although planning for the development of Improvement Area A is at an advanced stage, actual
construction of improvements are as described below under the caption "Infrastructure
Requirements and Construction Status." No assurance can be given that development of the land
within Improvement Area A will occur, or that it will occur in a timely manner or in the
configuration or intensity described herein, or that any landowner described herein or the Developer
will obtain or retain ownership of any of the land within Improvement Area A. The Bonds and the
Special Taxes are not personal obligations of any landowners or the Developer and, in the event that
a landowner defaults in the payment of the Special Taxes, the District may proceed with judicial
foreclosure but has no direct recourse to the assets of any landowner. As a result, other than as
provided herein, no financial statements or information is, or will be, provided about the Developer
or other landowners. The Bonds are secured solely by the Special Taxes and other amounts pledged
under the Indenture. See "SOURCES OF PAYMENT FOR THE BONDS" and "SPECIA£ RISK
FA CTORS. "
General Description and Location of Improvement Area A
Improvement Area A comprises approximately -~ 737 gross acres in the City of Chula Vista-~
and is located east of Interstate 805. Current residential developments in the area include Otay
Ranch, Lomas Verdes, Rancho Del Rey, Sunbow, Rolling Hills Ranch and San Miguel Ranch.
Improvement Area A is bounded to the north by Rolling Hills Ranch, beyond which is San Miguel
Ranch. East of Improvement Area A are the Upper and Lower Otay Reservoirs and unincorporated
lands. South of Improvement Area A are undeveloped lands. To the west are the recently developed
communities of -~ EastLake Greens and EastLake Trails. both of which were develooed bv the
The Developer
The Developer is The EastLake Company, LLC, a California limited liability company,
which currently is the owner of l l planning areas within Improvement Area A (including the
commercial planning areas). The Developer purchased the property in May 2000. The members of
the Developer are Boswell Properties, Inc. and the Tulago Company, both wholly owned subsidiaries
of the J.G. Boswell Company. The Developer was formed as a limited partnership in 1983 and
converted to a limited liability company in 1997. The Developer was formed to acquire, develop and
manage a master-planned community named EastLake, which includes Improvement Area A.
33
DOCSOC\922620v3\22245.0138 t 0 ~ ~i~t i~~
The Developer is the master developer of EastLake (which includes Improvement Area A),
one of the largest master-planned communities in San Diego County. At buildout, EastLake is
planned to encomnass annroximatelv 3.200 gross acres and include approximately 8,600
residential units with population exceeding 20,000 people.
The initial phase of EastLake was built over a six-year period beginning in 1985. The initial
phase included two residential neighborhoods, EastLake Hills and Shores, and the first phase of the
EastLake Business Center. Initial residential sales started in April 1986 with the last of the 1,823
units in the initial phase being sold in June 1990. Amenities in Hills include the EastLake Swim and
Tennis Club, a private 2.8-acre park with a junior Olympic swimming pool, spa, children's play area,
picnic area and lighted tennis courts. Shores has a water-oriented lifestyle and is designed around the
21.5-acre lake, boat launching and fishing facilities, a swimming lagoon, sandy beach with volleyball
and picnic facilities and a 1,500 sq. ft. community center. In addition, three satellite parks in Shores
are for the exclusive use of residents of Hills and Shores. All landscaping, open space and
recreational elements are owned and operated by the EaatLake I Homeowners Association.
The second phase of-~ ~ was the Greens and includes an 18-hole championship golf
course. Greens totaled approximately 2,800 homes ranging from attached housing to estate homes.
Greens opened in February 1991 with the last of the 2.800 homes beine sold in 1999. Greens
features a Ted Robinson designed, 18 hole, championship golf course and a country club living
environment. Twelve distinct product types from custom and single family homes to condominiums
and town-homes were offered in the Greens. EastLake County Club officially opened for public play
on June 22, 1991. A permanent clubhouse opened in August 1997. Three private neighborhood
parks are owned and maintained by the EastLake II Community Association for use exclusively by
residents of Greens.
Development Plan
Residential Planning Areas. The approved tentative tract map applicable to Improvement
Area A allows for the development of -~ ~ dwelling units. Upon buildout, development within
Improvement Area A is anticipated to include 1,439 single-family units and 581 multi-family units,
along with approximately 13 acres of commtmity purpose property and approximately 16 acres of
parks.
As of the date of the Appraisal, the Developer had sold 12 planning areas to various memhant
builders. Lots were delivered to the merchant builders as rough graded individual lots and certified
by the civil and soils engineer with the utilities stubbed into the tract boundary. The individual
merchant builders are responsible for completing intract improvements such as sewer, water, dry
utilities and street improvements. Tracts that require a site plan by the City were delivered as a rough
graded super-pad and certified by a civil and soils engineer. The Developer is responsible for the
completion of all other improvements adjacent to the tracts including master backbone sewer and
water, storm drains, dry utilities, streets, master landscaping and trails, parks and any offsite
improvements.
34
DOCSOC,022620v3 2245.0 38
The table below summarizes proposed development within Improvement Area A.
TABLE -~ _~
SUMMARY OF PROPOSED MERCHANT BUILDERS
Proposed
Planning Product Type Number Proposed Square
Area Lot Size Proposed Mercbant Builder of Units Footage Range Projected Home Prices
WR-I 0.5 Acre a To he determined 64 4,000 - 6,000 $540,000 - $640,000
WR-2 13,800 sf a Tn he determined 57 3,700 - 4,500 $515,000 - $555,000
WR-3 10,450 sf Woods Homebuilding Company LLCI~l 77 3,201 - 4,302 $480,000 - $540,000
WRMA 7,350 sf Continental Residential, Inc. 72 2,600 - 3,750 $420,000 - $485,000
WR-4B 7,350 sf a Tn he determined 67 3,201 - 4,302 $460,000 - $520,000
WR-5 8,400 sf a Tn he determined 71 2,600 - 3,750 $440,000 - $500,000
WR-6 4,500 sf Meridian at a I~aatl.alrp L.P? 135 2,100 - 2,500 $345,000 - $363,000
WR-7 3,150 sf Sonoma at a Eantl,ake L.P? 119 1,701 - 2,150 $307,500 - $327,500
VR-1 10,450 sf a To he determined 56 3,201 - 4,302 $460,000 - $520,000
VR-2 7,350 st' ^ Tn he determined 68 2,600 - 3,750 $440,000 - $500,000
VR-3 7,020 s£ DW Chula Vista, L.P? 115 3,040 - 3,610 $430,000 - $465,000
VR-4 6,000 st Vista 82 RWR, LLC / RWR 82 2,450 - 3,400 $377,500 - $430,000
VR-5 5,000 st' Fieldstone Bridgepark, LLC® 62 2,564 - 2,950 $370,000 - $383,000
VR-6A 5,000 sf Fieldstone Bridgepark, ~- 1,1,O41 31 2,564 - 2,950 $370,000 - $383,000
VR-6B 5,000 st' -~ To he determined 99 2,564 ~ 2,950 $370,000 - $383,000
VR-7 4,200 si' -~ To he determined 96 2,100 - 2,500 $340,000 - $360,000
VR*8 3,150 st Montecillo at ^ Eant~'.ake L.p.121 168 1,600 - 2,150 $306,000 - $336,000
VR-9 10du/ac Chula Vista Lot Option. L.P?~ 73 1,200 - 1,750 $245,000 - $275,000
VR-10 15du/ac Western Pacific Housing, Inc.161 I I 1 1,271 - 1,724 $235,000 - $265,000
VR-I I 10du/ac Chula Vista Lot Option, L.P)s~ 97 1,200 - 1,750 $245,000 - $275,000
VR-12 24.4du/ac ^ Tn he determined 300 1,300 - 1,850 $230,000 - $270,000
01 Affiliated with Colrich Communities.
Affiliated with Cornerstone.
131 Affiliated with Davidson
Affiliated with Fieldstone.
151 Affiliated with William Lyon Homes.
161 Affiliated with Western Pacific.
Source: Developer
As of October 1, 2002, model homes are complete in planning areas WR-6 and WR-7 with
home sales activity underway. Approximately 85 houses in Improvement Area A had been sold and
reservations had been taken for 9 additional homes. Initial homes are expected to be delivered by
January 2003. Model homes are under construction in planning areas WR-3, WR-4A, VR-3, VR-4,
VR-5 and VR-6A with completion expected by the end of 2002. Home sales activity in such
lllattningal:ea~ is expected to commence shortly thereafter.
While the overall development of Improvement Area A is expected to last through 2007, the
infrastructure improvements within Improvement Area A, inclusive of non-District financed
improvements, are expected to be substantially complete by the end of 2003.
Commercial Planning Areas. The two commercial planning areas owned by the Developer
are in an undeveloped mass graded condition. The Developer intends to sell the commercial
planning areas to a to-be-determined commercial developer. The Developer expects the timing of the
eventual disposition of the commercial planing area to be driven by the residential buildout of the
District.
Merchant -~ Builder
Cornerstone, the only merchant builder within Improvement Area A that is expected to be
responsible for -~ 10% or more of the projected fiscal year 2003-04 Special Tax levy (based on
35
DOCSOCX922620v3\22245.0138 .~ /tf)/
ownership as of the date of the Appraisal), is discussed in greater detail below. The Developer
intends to complete the land development process and sell all of the developable land within
Improvement Area A to merchant builders. Future sales bv the Develuner could result in
additional merchant builders bein~ individually resnunsible for more than 10% of the Sneclul
Tax levv_.~.
Cornerstone. [TO COME]
Financing Plan
The development of Improvement Area A will require a large expenditure of funds to fully
develop the property and all of the attendant infrastructure. Roughly [98%] of the total development
funds indicated in the table below will be spent within the boundaries of Improvement Area A. All
of the funds will be spent to benefit the property within Improvement Area A. While the necessary
debt and equity sources outside of the Bond proceeds are in place or expected to be in place, the
desire and the ability of the Developer to develop the entire project is dependent upon a number of
external factors, including the general and local economy and the health of the local real estate
market. While the table below represents the Developer's current estimate of the sources and uses of
funds there can be no assurance there will not be substantial changes to the sources and uses of funds.
As of September 30, 2002 $ of total anticipated project costs of -~ $ have
been expended, including $ of land acquisition costs.
While the property is not subject to third party debt or equity, the repayment of debt, payment
of interest and return of equity will be paid out of excess sources over uses. Beginning in 2002, the
Developer expects that the debt and equity balances will decrease over a given year, and that while
loan proceeds and equity will be used for project costs during a given year, the year to year debt and
equity balances will decline.
To the extent that actual revenues are less than projected in Table -~ 10 or are received more
slowly than projected in Table -~ 10, other needed financing mechanisms are not put into place, other
property owners do not contribute funds as projected, or actual expenses are greater than or occur
earlier than projected above, there could be a shortfall in the cash required to complete the
development as projected above.
36
DOCSOC\922620v3\22245.0138
TABLE 10 -~
DEVELOPER'S PROJECTED SOURCES AND USES OF FUNDS*
-~ 1/1/97 to Calendar Year Calendar 2004
Sources of Funds 12/31/2002 2003 and Beyond Totals
Beginning Cash Balance $ t, 20.612.04~44 $ $ $ a 20.612.04~
Net Land Sale Proceeds a 129.1131.12~0 128,060,293 79,077,697 a 336.169.11~9
Misc. Cash Receipts a 5.548.21~11 a 5.5d8.21~1
Borrowed a Euad~ 26,849,587 ~26.849.587__1 ~
Net Bond Proceeds CFD 61 - Improvement Area A ~- 15.fl00.0O~0 14.164.68~77 8.873.70~0 38.038.38~7
Net Bond Proceeds CFD 61 - Improvement Area B
Total Sources $ -~ $ 115.375.39~3 $ 87.951.30__7 $ 400.367.76~1
197.040.97~1
Use of Funds
Public Facilities CFD 6I $ a 29.082.05~5 _~ 7.490.41~ $ 6,133,978 $ a 42.706.44~8
Other Capital Improvements -~ 139.793.09~1 33,101,285 (6,355,769) a 166.$;38.60~7
Subtotal Development Costs -~$ $ 40.591.70~0 $ (221:19~ a $209.245.05~5
168.875.14~6
Operating Costs a_~ 3.142.31~1 _$ 3,327,712 $ 1,611,338 a_$18.081.36~1
Debt Service _: 725,505 ~ 725,505
Distributions __- __- ~
-~ Total Uses $_ a $ 44:644.917 $ 1.389.54~77 Sa 228.051.02~1
182.017.45~7
SourcesinExcessofUses $-~15.023.51~44 $ 7fl.730.47~6 $ 86.561.85~0 ~
~- Aggregate Annual Sources Over Uses $ a 15.023.51~44 $ 85.753.990 $172.31~_84~0 $ 172.31_~.84~0
~B Consists of loans made bv members of the rleveloner pursuant to the Operatinp Apreement of the Develoner.
Source: Developer
The projected sources and uses of funds in the table above has been prepared based on the
assumptions of future sales revenues, development costs, operating costs, property taxes, public
facilities financing and other items. The absorption estimates used for the sources and uses of funds
may differ from those derived by the Appraiser. The project's actual sources and uses of funds may
vary from the table above. Therefore, there can be no assurance that the actual revenues will not be
less than projected or occur later than projected by the Developer.
Detailed construction plans have not been approved or developed for all of the work which is
contemplated for the project. As such, there is no assurance that the actual costs will not be grater
than projected or occur sooner than projected. There can be no assurance that any of the projections
in the above table will occur or that other matters that affect the development costs and or timing will
not occur and have an adverse impact on the cash available to the developer for the construction of
the necessary improvements. There can be no assurance that projected revenues will, in fact, be
available as projected by the Developer.
· Preliminary, sul?/ect to change.
37
DOCSOC\922620v3,22245.0138 / ~
To the extent that actual revenues are less than projected in the above table or are received
more slowly than projected, other needed financing mechanisms are not put into place or actual
expenses are greater than or occur earlier than projected above, there could be a shortfall in the cash
required to complete the development of Improvement Area A.
Status of Entitlement Approvals
Improvement Area A was pre-zoned Planned Community ("PC") as part of the General
Development Plan ("GDP") planning process. The PC zone required a multi-phase planning process
beginning with a GDP, followed by the preparation of a Sectional Planning Area ("SPA") Plan. The
SPA Plan is to be used as a supplement to other existing City regulations, and supersedes those
established in the City Zoning Ordinance. Incorporated into the SPA Plan is the Site Utilization
Plan, which designates the zoning on Improvement Area A. The SPA Plan was adopted by the City
on July 17, 2001 by Resolution No. 2001-220. Per the SPA Plan, Improvement Area A is designated
for residential and commercial development and open space lands, park lands, two school sites, a
community purpose facility site, a fire station site and both major circulation and internal streets.
Improvement Area A is covered by Tentative Map for Chula Vista T.M. 01-09, -~ EastLake
III Woods -~t Vistas ~ allowing for 1,447 single family detached residential lots and
four multi-family lots. In addition, several tracts within TM 01-09 have been recorded, covering
1,838 units.
The Developer believes that all discretionary approvals required for the development of
Improvement Area A have been obtained.
Environmental Constraints
Improvement Area A has undergone extensive environmental and biological review and has
received the necessary permits for the development of the entire property covered by the tentative
map. These include take authorizations from the United States Fish and Wildlife and the California
Department of Fish and Game for endangered species, and all applicable wetland permits from the
Army Corp of Engineers and California Department of Fish and Game.
Infrastructure Requirements and Construction Status
The infrastructure requirements for Improvement Area A can be broken into three categories
as follows:
Major Backbone Infrastructure. The major roads, which form the primary access to the
community are: Hunte Parkway which is a four lane major street (currently fully improved), Otay
Lakes Road which is a six-lane prime arterial (currently under ~' construction), Olympic Parkway
which is a six lane prime arterial westerly of Hunte Parkway ~-(eonstrnetion is substantially
eomnlete~ and a four lane major arterial easterly of Hume Parkway (currently fully improved), and
the future extension of Proctor Valley Road which is four lane major arterial. Also included in this
infrastructure category are the backbone sewer and storm drain facilities, dry utility systems, water
systems, traffic signals, associated landscaping, and a community park. The water system will be
owned by the Otay Water District, and the community park will be owned by the City.
Minor Backbone Infrastructure. The secondary backbone infrastructure consists of the
following collector streets: Stone Gate Drive, Woods Drive, Northwoods Drive, Hawthorne Creek
Drive, Old Janal Road and Lakecrest Drive. These roads transverse the community and take access
of Proctor Valley Road, Hunte Parkway, Otay Lakes Road, and Olympic Parkway. Each of these
38
DOCSOC\922620v3~22245.0138 /~ ¢
roads provides access to several neighborhoods. In addition to the roads are sewer; water, dry
utilities, storm drain facilities, and associated landscaping.
Intract Infrastructure. Single-lots in the community are planned to be delivered to merchant
builders rough graded and blue-topped with the intract streets undercut. Multi-family pads will be
delivered as rough graded blue topped super pads. Wet and dry utilities will be stubbed to the tract
boundaries. The merchant builders will be responsible for completing intract improvements, utilities
and slope ~- ~.
Potential Limitations on Development
Growth Management Oversight Commission ("GMOC"). The City has established a
Threshold Standards Policy (the "Threshold Policy") through the adoption of a Growth Management
Ordinance, which established eleven public facility and service area "quality of life" measures. The
eleven public facility and service thresholds include police, fire and emergency medical services,
traffic, schools, parks and recreation, libraries, sewer, drainage, fiscal impact, air quality and water.
The Threshold Policy established goals, objectives, standards or thresholds and applicable
implementation measures for the eleven services. The GMOC was created to provide an annual
independent review for compliance with the Threshold Policy.
The GMOC review for compliance occurs on a fiscal year cycle. The Threshold Policy calls
for preparation of short-range, 12 to 18 month, and mid-range, five to seven year, development
forecasts. These forecasts are utilized by City staff and external service agencies to evaluate
projected service levels, identify any potential threshold problems and address implementation
measures to avoid level of service problems.
As a condition to developing property within the District, a developer must, prior to final
map approval for a parcel, enter into an agreement with the City acknowledging that building permits
may be withheld if any of the required development threshold limits set in the City transportation
planning phase are exceeded. The tentative map conditions for the land within the District subject
the land to the provisions of the GMOC.
The Threshold Policy includes traffic thresholds which require that level of service "C" be
maintained on the arterial street system except level of service "D" can occur for no more than two
hours of the day. The level of service is a descriptive and qualitative measure of the degree of traffic
congestion experienced by motorists. There are six levels of congestion, assigned letters 'A' through
'F.' Levels of service 'A' Through 'D' represent generally acceptable levels of service with level of
service 'A' corresponding to no congestion and level of service 'C' represents a range in which the
ability of vehicles to maneuver is affected by the presence of other vehicles and speeds begin to show
some reduction. Level of service 'D' is approaching roadway capacity with the ability to maneuver
being severely restricted and traffic is subject to speed reductions. Level of service 'E' is at roadway
capacity with unstable speeds. Level of service 'F' occurs when roadway capacity is exceeded,
excessive delays are experienced and stop-and-go traffic conditions exist. Should the traffic
threshold standard be exceeded, the Growth Management Ordinance calls for a building permit
moratorium to be considered by the City Council until the threshold problem can be mitigated. There
can be no guarantee that any such moratorium would exclude Improvement Area A, even if the
traffic congestion leading to such moratorium occurs outside of the Improvement Area A area. The
Ci.ty currently expects to conduct a traffic study in early 2003. Based on the results of the
study, the City Council may review the buildinf[ permit threshold at which any moratorium
39
To avoid the possibility of a moratorium, the City is working with the development
community to identify additional roadways that can be constructed should State Route 125 be
delayed (currently expected to be completed by 2006) and the rapid pace of development be
sustained. One such roadway that could increase capacity is an interim facility within portions of the
State Route 125 corridor. So far, the City has collected $9 million in its interim State Route 125
development impact fee program for the interim State Route 125 facility, the first phase of which is
estimated to cost $12.4 million. Other transportation improvements that are being studied which
would increase system capacity are intemhange improvements at 1-805 and East "H" Street
(construction is exnected to commence in early November 2002 with comnletion antieinated in
Agril_21111~, 1-805 and Telegraph Canyon Road tconstructiun is exnected to commence in Aoril
2003 with comnletion antlcinated in August 2003), the southerly extension of Pasco Ranchero in
Otay Ranch from Telegraph Canyon Road to Main Street, and the extension of Mt. Miguel Road in
San Miguel Ranch westerly to Proctor Valley Road. These are all possible improvements to allow
for continued development until State Route 125 can be completed -~. It should be noted that the
State Route 125 nroieet team composed of CALTRANS staff, nrivate consultants, and
renresentatives of the different cities havin~ iurisdictionai interest has already been assembled
in the nroiect offices located in the City. The nroiect team has already started the nrenaration
of the final desDn nlans for the oronosed tollway.
The City also is exploring ways to lower traffic congestion generally by taking vehicles off
the road during peak times. Considerations include offering City employers incentives to promote
carpooling or asking that they adjust schedules to stagger times when people are traveling to and
from work.
Concurrently, on the supply side, the City is exploring Transportation Demand Management
Measures to reduce the peak hour traffic demand. Surveys are being prepared for major employers
and residents living east of 1-805 to explore the level of interest in techniques such as staggered work
hours, van pooling and carpooling to alleviate the peak a.m. and p.m. traffic volumes.
In sum, the City is continuing to monitor development activity, conducting additional traffic
studies, studying various absorption models, pursuing how the interim facility within the State Route
125 corridor might be constructed and looking at other roadway improvements to enhance capacity.
If the traffic forecasts prove accurate, and if the development pace does not decrease from the
levels projected by property owners, and if State Route 125 is delayed significantly, and if no
additional roadway capacity can be delivered in the interim, the City may impose a development
slowdown (i.e. a metering of permits) in lieu of ever having to impose a moratorium on the issuance
of building permits. The City would consider whether such a planned slowdown should
acknowledge and give priority to marketing studies and baseline development that was projected in
connection with the issuance of bonds by assessment districts formed by the City. No assurance can
be given that such priority will be established.
A development slowdown or moratorium on development could adversely impact the rate of
development in Improvement Area A and presents certain risks to the owners of the Bonds. See
"SPECIAL RISK FACTORS -- Failure to Develop Properties" and "-- Future Land Use
Regulations and Growth Control Initiatives."
Investors should note that, in particular, the City may amend its Growth Management
Ordinance from time to time and no assurance can be given that its terms will not be more restrictive
on development than those currently in effect.
40
DOCSOC\922620v3~22245.0138
Appraisal
The information regarding ownership of property in Improvement Area A included in the
Appraisal has been included because it is considered relevant to an informed evaluation of the Bonds.
The inclusion in this Official Statement of information related to existing owners of property should
not be construed to suggest that the Bonds, or the Special Taxes that will be used to pay the Bonds,
are recourse obligations of the property owners. A property owner may sell or otherwise dispose of
land within Improvement Area A or a development or any interest therein at any time. Development
may also be abandoned at any time.
The Appraiser valued the property within Improvement Area A primarily based upon' a sales
comparison approach to value and based upon a number of assumptions and limiting conditions
contained in the Appraisal as set forth in Appendix C. Under the sales comparison approach to
value, the Appraisal takes into account the development status of the residential lots and the
commercial land in Improvement Area A, analyzes the market for similar properties and compares
these properties to the properties in Improvement Area A. The Appraiser is of the opinion that the
aggregate "as is" value of the land within Improvement Area A as of September 3, 2002, assuming
the completion of all improvements to be financed with proceeds of the Bonds was $173,735,000.
Certain land that is exuected to become exemnt from the levy., of Snecial Taxes in the future was
not assi~.ned a value in the Annraisal. all as described under the caution "-- Estimated Value
In arriving at its statement of value, the Appraiser assumes that there are no hidden or
unapparent conditions of the property or subsoil that render it more or less valuable, that all required
licenses, certificates of occupancy or other legislative or administrative authorizations from
governmental agencies or private entities or organizations have been or can be obtained, that no
hazardous waste and/or toxic materials are located on the property within Improvement Area A that
would affect the development process, that the improvements to be funded with the Bonds are
completed and that the proposed development is constructed in a timely manner with no adverse
delays (i.e., construction will proceed as proposed with no limitations on development occurring).
See "- Potential Limitations on Development" above.
No assurance can be given that the assumptions made by the Appraiser will, in fact, be
realized, and, as a result, no assurance can be given that the property within Improvement Area A
could be sold at the appraised values included in the Appraisal.
Market Absorption Study
The Market Absorption Study dated August 19, 2002 for Improvement Area A has been
prepared by the Market Absorption Consultant. A synopsis and summary of the Market Absorption
Study is included herein as Appendix B. The Market Absorption Consultant has estimated, based
upon the analysis of relevant demographic and economic conditions in the Chula Vista area, the
number and proportion of housing units in Improvement Area A that can be expected to be marketed
annually using the estimated absorption schedules for each of the product types. The Market
Absorption Study concludes that it will take until 2007 for the residential units within Improvement
Area A to be constructed and sold, with final absorption occurring in 2007. The Market Absorption
Study projects that, of the 2,020 single family and multi-family units within Improvement Area A,
164 will be absorbed in 2002, 836 in 2003, 567 in 2004, 297 in 2005, 96 in 2006 and 60 in 2007.
The Market Absorption Study assumes that all required governmental approvals will be
obtained, that there are no physical impediments to construction such as earthquakes and hazardous
waste, that the public infrastructure necessary to develop will be provided in a timely manner, that
41
DOCSOC\922620v3\22245.0138 ~ ? ~) r?
the developers and merchant builders in Improvement Area A will respond to market conditions with
products that are competitively priced and have the features and amenities desired by purchasers, that
the developers and merchant builders and their lenders have sufficient financial sU~ength to fund
adequately the projects and that they have Sufficient cash flow reserves to supplement their cash flow
positions in the event that adverse economic or market conditions occur. The actual absorption of
units could be adversely affected if one or more of the foregoing assumptions is not realized. See
Appendix B -- "SUMMARY OF MARKET ABSORPTION STUDY."
SPECIAL RISK FACTORS
The purchase of the Bonds involves a high degree of investment risk and, therefore, the
Bonds are not appropriate investments for many types of investors. The following is a discussion of
certain risk factors which should be considered, in addition to other matters set forth herein, in
evaluating the investment quality of the Bonds. This discussion does not purport to be
comprehensive or definitive. The occurrence of one or more of the events discussed herein could
adversely affect the ability or willingness of property owners in Improvement Area A to pay their
Special Taxes when due. Such failures to pay Special Taxes could result in the inability of the City
to make full and punctual payments of debt service on the Bonds. In addition, the occurrence of one
or more of the events discussed herein could adversely affect the value of the property in
Improvement Area A. See "Land Values" and "Limited Secondary Market" below.
Concentration of Ownership
As of the date of the Appraisal, all of the taxable land within Improvement Area A was
owned by nine landowners. Based on land use status, approximately a 59% of the projected fiscal
year 2003-2004 Special Tax levy will be paid by the Developer, -~ 11.89% will be paid by
Cornerstone and the balance of the levy will be paid by the other seven merchant builders. See "THE
COMMUNITY FACILITIES DISTRICT -- Principal Taxpayers." Until the completion and sale of
additional parcels, the receipt of the Special Taxes is dependent on the willingness and the ability of
such landowners to pay the Special Taxes when due. Failure of the current landowners, or any
successor, to pay the annual Special Taxes when due could result in a default in payments of the
principal of, and interest on, the Bonds, when due. See "~ Failure to Develop Properties" below.
No assurance can be made that such landowners, or their successors, will complete the
intended construction and development in the District. See "-- Failure to Develop Properties"
below. As a result, no assurance can be given that such landowners will continue to pay Special
Taxes in the future or that they will be able to pay such Special Taxes on a timely basis. See "-
Bankruptcy and Foreclosure" below, for a discussion of certain limitations on the District's ability to
pursue judicial proceedings with respect to delinquent parcels.
As described under "THE COMMUNITY FACILITIES DISTRICT -- Taxable Acreage Not
Valued in Appraisal," certain of the land owned by the Developer was not valued in the Appraisal,
but will be initially subject to the levy of Special Taxes.
Limited Obligations
The Bonds and interest thereon are not payable fi.om the general funds of the City. Except
with respect to the Special Taxes, neither the credit nor the taxing power of the District or the City is
pledged for the payment of the Bonds or the interest thereon, and, except as provided in the
Indenture, no Owner of the Bonds may compel the exercise of any taxing power by the District or the
City or force the forfeiture of any City or District property. The principal of, premium, if any, and
42
DOCSOC\922620v3\22245.0138 10,~ /O~
interest on the Bonds are not a debt of the City or a legal or equitable pledge, charge, lien or
encumbrance upon any of the City's or the District's property or upon any of the City's or the
District's income, receipts or revenues, except the Special Taxes and other amounts pledged under
the Indenture.
Insufficiency of Special Taxes
Under the Rate and Method, the annual amount of Special Tax to be levied on each taxable
parcel in Improvement Area A will generally be based on whether such parcel is categorized as
Undeveloped Property or as Developed Property and on the zone and land use class to which a parcel
of Developed Property is assigned. See Appendix A -- "RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAXES" and "SOURCES OF PAYMENT FOR THE BONDS
-- Method of Apportionment of Special Tax."
The Rate and Method governing the levy of the Special Tax expressly exempts property
owned by public agencies or a property owners association provided that no such exemption shall
reduce the sum of all taxable property to less than 346.26 acres.
Moreover, if a substantial portion of land within Improvement Area A became exempt
from the Special Tax because of public ownership, or otherwise, the maximum Special Tax
which could be levied upon the remaining property within Improvement Area A might not be
sufficient to pay principal of and interest on the Bonds when due and a default could occur
with respect to the payment of such principal and interest.
Tax Delinquencies
Under provisions of the Act, the Special Taxes, from which funds necessary for the payment
of principal of, and interest on, the Bonds are derived, are customarily billed to the properties within
Improvement Area A on the ad valorem property tax bills sent to owners of such properties. The Act
currently provides that such Special Tax installments are due and payable, and bear the same
penalties and interest for non-payment, as do ad valorem property tax installments. See "SOURCES
OF PAYMENT FOR THE BONDS -- Special Taxes," for a discussion of the provisions which
apply, and procedures which the District is obligated to follow under the Fiscal Agent Agreement, in
the event of delinquencies in the payment of Special Taxes. See "- Bankruptcy and Foreclosure"
below, for a discussion of the policy of the Federal Deposit Insurance Corporation (the "FDIC")
regarding the payment of special taxes and assessment and limitations on the District's ability to
foreclosure on the lien of the Special Taxes in certain circumstances.
The Developer is not currently delinquent in the payment of any Special Taxes or
assessments and has no history of such delinquency since its formation.
Failure to Develop Properties
Undeveloped or partially developed land is inherently less valuable than developed land and
provides less security to the Bondowners should it be necessary for the District to foreclose on the
property due to the nonpayment of Special Taxes. The failure to complete development of the
required infrastructure for development in Improvement Area A as planned, or substantial delays in
the completion of the development or the required infrastructure for the development due to litigation
or other causes may reduce the value of the property within Improvement Area A and increase the
length of time during which Special Taxes will be payable from undeveloped property, and may
affect the willingness and ability of the owners of property within Improvement Area A to pay the
Special Taxes when due.
43
nocsoc,92262ov3,22245.o, 8
Land development is subject to comprehensive federal, State and local regulations. Approval
is required from various agencies in connection with the layout and design of developments, the
nature and extent of improvements, construction activity, land use, zoning, school and health
requirements, as well as numerous other matters. There is always the possibility that such approvals
will not be obtained or, if obtained, will not be obtained on a timely basis. Failure to obtain any such
agency approval or satisfy such governmental requirements would adversely affect planned land
development. Finally, development of land is subject to economic considerations.
Additionally, the Developer and the merchant builders may need tO obtain financing to
complete the development of the units that they are developing. No assurance can be given that the
required funding will be secured or that the proposed development will be partially or fully
completed, and it is possible that cost overruns will be incurred which will require additional funding
beyond what the Developer has projected, which may or may not be available. See "THE
DEVELOPMENT AND PROPERTY OWNERSHIP -- Finance Plan" herein.
The future development of the vacant land within Improvement Area A may be adversely
affected by existing or future governmental policies, or both, restricting or controlling the
development of vacant land in Improvement Area A. See "THE DEVELOPMENT AND
PROPERTY OWNERSHIP -- Finance Plan" for a discussion of certain significant limitations on the
ability of the Developer and merchant builders to complete the projected development of
Improvement Area A. Specifically, investors should consider the broad power of the City to halt or
delay "B" map approval under its Growth Management Ordinance. There can be no assurance that
the owners of the vacant land in Improvement Area A will be able to secure the necessary
discretionary approvals if they choose to develop their properties. See also "-- Future Land Use
Regulations and Growth Control Initiatives" below.
There can be no assurance that land development operations within Improvement Area A will
not be adversely affected by a future deterioration of the real estate market and economic conditions
or future local, State and federal governmental policies relating to real estate development, the
income tax treatment of real property ownership, or the national economy, or the direct or indirect
consequences of military and/or terrorist activities in this country or abroad. A slowdown of the
development process and the absorption rate could adversely affect land values and reduce the ability
or desire of the property owners to pay the annual Special Taxes. In that event, there could be a
default in the payment of principal of, and interest on, the Bonds when due.
Bondowners should assume that any event that significantly impacts the ability to develop
land in Improvement Area A would cause the property values within Improvement Area A to
decrease substantially from those estimated by the Appraiser and could affect the willingness and
ability of the owners of land within Improvement Area A to pay the Special Taxes when due.
The payment of principal of and interest on the Bonds depends upon the receipt of Special
Taxes levied on undeveloped property. Undeveloped property is less valuable per unit of area than
developed land, especially if there are no plans to develop such land or if there are severe restrictions
on the development of such land. The undeveloped property also provides less security to the
Bondowners should it be necessary for the District to foreclose on undeveloped property due to the
nonpayment of the Special Taxes. Furthermore, an inability to develop the land within Improvement
Area A as currently proposed will make the Bondowners dependent upon timely payment of the
Special Taxes levied on undeveloped property for a longer period of time than projected. Because all
of the land within Improvement Area A is currently owned by just six owners, two of which are
affiliated, the timely payment of the Bonds depends upon the willingness and ability of such owners
to pay the Special Taxes levied on the undeveloped property when due. See "- Concentration of
Ownership" above. A slowdown or stoppage in the continued development of Improvement Area A
44
DOCSOC\922620v3\22245.0138 / ~ ,*
could reduce the willingness and ability of such owners to make Special Tax payments on
~undeveloped property and could greatly reduce the value of such property in the event it has to be
foreclosed upon. See "-Land Values" below.
Future Land Use Regulations and Growth Control Initiatives
It is possible that future growth control initiatives could be enacted by the voters or future
local, state or federal land use regulations could be adopted by governmental agencies and be made
applicable to the development of the vacant land within Improvement Area A with the effect of
negatively impacting the ability of the owners of such land to complete the development of such land
if they should desire to develop it. Development could also be delayed or prohibited under the City's
existing Growth Management Ordinance. See "~ Endangered Species" below. This possibility
presents a risk to prospective purchasers of the Bonds in that an inability to complete desired
development increases the risk that the Bonds will not be repaid when due. The owners of the Bonds
should assume that any reduction in the permitted density, significant increase in the cost of
development of the vacant land or substantial delay in development caused by growth and building
permit restrictions or more restrictive land use regulations would cause the values of such vacant land
within Improvement Area A to decrease. A reduction in land values increases the likelihood that in
the event of a delinquency in payment of Special Taxes a foreclosure action will result in inadequate
funds to repay the Bonds when due.
Completion of construction of any proposed structures on the vacant land within
Improvement Area A is subject to the receipt of approvals from a number of public agencies
concerning the layout and design of such structures, land use, health and safety requirements and
other matters. The failure to obtain any such approval could adversely affect the planned
development of such land.
Under current State law, it is generally accepted that proposed development is not exempt
from future land use regulations until building permits have been issued and substantial work has
been performed and substantial liabilities have been incurred in good faith reliance on the permits.
There is no case law precedent on the issue of whether a statutory development agreement will
exempt development within Improvement Area A from future land use regulations. Because future
development of vacant property in Improvement Ama A could occur over several years, if at all, the
application of future land use regulations to the development of the vacant land could cause
significant delays and cost increases not currently anticipated, thereby reducing the development
potential of the vacant property and the ability or willingness of owners of such land to pay Special
Taxes when due or causing land values of such land within Improvement Area A to decrease
substantially from those in the Appraisal.
Endangered Species
In recent years there has been an increase in activity at the State and federal levels related to
the possible listing of certain plant and animal species found in the southern San Diego County area
as endangered species. An increase in the number of endangered species could curtail development
in the southern San Diego County area. Any action by the State or federal governments to protect
species located on or adjacent to the property within Improvement Area A could negatively impact
the ability of the owners of that land to develop it. This, in turn, could reduce the likelihood of
timely payment of the Special Taxes levied against such that land and would likely reduce the value
of such land and the potential revenues available at the foreclosure sale for delinquent Special Taxes.
See "~ Failure to Develop Land" above.
45
DOCSOC\922620v3~22245.0138 / (%~,,~ (
Natural Disasters
Improvement Area A, like all California conu'nunities, may be subject to unpredictable
seismic activity, fires, flood, or other natural disasters. Southern California is a seismically active
area. Seismic activity represents a potential risk for damage to buildings, roads, bridges and property
within Improvement Area A. In addition, land susceptible to seismic activity may be subject to
liquefaction during the occurrence of such event.
In the event of a severe earthquake, fire, flood or other natural disaster, there may be
significant damage to both property and infrastructure in Improvement Area A. As a result, a
substantial portion of the property owners may be unable or unwilling to pay thc Special Taxes when
due. In addition, the value of land in Improvement Area A could be diminished in the aftermath of
such a natural disaster, reducing the resulting proceeds of foreclosure sales in the event of
delinquencies in the payment of the Special Taxes.
Hazardous Substances
A serious risk in terms of the potential reduction in the value of a parcel is a claim with
regard to a hazardous substance. In general, the owners and operators of a parcel may be required by
law to remedy conditions of the parcel relating to releases or threatened releases of hazardous
substances. The Federal Comprehensive Environmental Response, Compensation and Liability Act
of 1980, sometimes referred to as "CERCLA' or the "Superfund Act," is the most well-known and
widely applicable of these laws, but California laws with regard to hazardous substances are also
stringent and similar. Under many of these laws, the owner or operator is obligated to remedy a
hazardous substance condition of property whether or not the owner or operator has anything to do
with creating or handling the hazardous substance. The effect, therefore, should any of the taxed
parcels be affected by a hazardous substance, is to reduce the marketability and value of the parcel by
the costs of remedying the condition, because the purchaser, upon becoming owner, will become
obligated to remedy the condition just as is the seller.
Further, it is possible that liabilities may arise in the fi~ture with respect to any of the parcels
resulting from the existence, currently, on the parcel of a substance presently classified as hazardous
but which has not been released or the release of which is not presently threatened, or may arise in
the future resulting from the existence, currently on the parcel of a substance not presently classified
as hazardous but which may in the future be so classified. Further, such liabilities may arise not
simply from the existence of a hazardous substance but from the method of handling it. All of these
possibilities could significantly affect the value of a parcel that is realizable upon a delinquency.
Neither the City nor the Developer has knowledge of any hazardous substances being located
on the property within Improvement Area A.
Parity Taxes, Special Assessments and Land Development Costs
Property within Improvement Area A is subject to the lien of several overlapping districts.
See "THE COMMUNITY FACILITIES DISTRICT -- Estimated Direct and Overlapping
Indebtedness."
The Special Taxes and any penalties thereon will constitute a lien against the lots and parcels
of land on which they will be annually imposed until they are paid. Such lien is on a parity with all
special taxes and special assessments levied by the City and other agencies and is co-equal to and
independent of the lien for general property taxes regardless of when they are imposed. The Special
Taxes have priority over all existing and future private liens imposed on the property except,
46
DOCSOC\922620v3~22245.0138 J 0 ~ [ / ~
possibly, for liens or security interests held by the Federal Deposit Insurance Corporation. See "-
Bankruptcy and Foreclosure" below.
Development of land within Improvement Area A is contingent upon construction or
acquisition of major public improvements such as arterial streets, water distribution facilities, sewage
collection and transmission facilities, drainage and flood protection facilities, gas, telephone and
electrical facilities, schools, parks and street lighting, as well as local in-tract improvements and on-
site grading and related improvements. Certain of these improvements have been acquired and/or
completed; however, there can be no assurance that the remaining improvements will be constructed
or will be constructed in time for development to proceed as currently expected. The cost of these
additional improvements plus the public and private in-tract, on-site and off-site improvements could
increase the public and private debt for which the land within Improvement Area A is security. This
increased debt could reduce the ability or desire of the property owners to pay the annual Special
Taxes levied against the property. In that event there could be a default in the payment of principal
of, and interest on, the Bonds when due.
Neither the City nor the District has control over the ability of other entities and
districts to issue indebtedness secured by special taxes or assessments payable from all or a
portion of the property within Improvement Area A. In addition, the landowners within the
District may, without the consent or knowledge of the City, petition other public agencies to
issue public indebtedness secured by special taxes or assessments. Any such special taxes or
assessments may have a lien on such property on a parity with the Special Taxes and could
reduce the estimated value-to-lien ratios for property within Improvement Area A described
herein.
Disclosures to Future Purchasers
The willingness or ability of an owner of a parcel to pay the Special Tax even if the value of
the parcel is sufficient may be affected by whether or not the owner was given due notice of the
Special Tax authorization at the time the owner purchased the parcel, was informed of the amount of
the Special Tax on the parcel should the Special Tax be levied at the maximum tax rate and the risk
of such a levy and, at the time of such a levy, has the ability to pay it as well as pay other expenses
and obligations. The City has caused a notice of the Special Tax lien to be recorded in the Office of
the Recorder for the County against each parcel. While title companies normally refer to such
notices in title reports, there can be no guarantee that such reference will be made or, if made, that a
prospective purchaser or lender will consider such Special Tax obligation in the pumhase of a
property within Improvement Area A or lending of money thereon.
The Act requires the subdivider (or its agent or representative) of a subdivision to notify a
prospective purchaser or long-term lessor of any lot, parcel, or unit subject to a Mello-Roos special
tax of the existence and maximum amount of such special tax using a statutorily prescribed form.
California Civil Code Section 1102.6b requires that in the case of transfers other than those covered
by the above requirement, the seller must at least make a good faith effort to notify the prospective
purchaser of the special tax lien in a format prescribed by statute. Failure by an owner of the
property to comply with the above requirements, or failure by a purchaser or lessor to consider or
understand the nature and existence of the Special Tax, could adversely affect the willingness and
ability of the purchaser or lessor to pay the Special Tax when due.
Non-Cash Payments of Special Taxes
Under the Act, the City Council as the legislative body of the District may reserve to itself
the right and authority to allow the owner of any taxable parcel to tender a Bond in full or partial
47
~3 i~ ~-
DOCSOC\922620v3\22245.0138 ~/ +~ . ~ ~
payment of any installment of the Special Taxes or the interest or penalties thereon. A Bond so
tendered is to be accepted at par and credit is to be given for any interest accrued thereon to the date
of the tender. Thus, if Bonds can be purchased in the secondary market at a discount, it may be to
the advantage of an owner of a taxable parcel to pay the Special Taxes applicable thereto by
tendering a Bond. Such a practice would decrease the cash flow available to the District to make
payments with respect to other Bonds then outstanding; and, unless the practice was limited by the
District, the Special Taxes paid in cash could be insufficient to pay the debt service due with respect
to such other Bonds. In order to provide some protection against the potential adverse impact on
cash flows which might be caused by the tender of Bonds in payment of Special Taxes, the Indenture
includes a covenant pursuant to which the District will not authorize owners of taxable parcels to
satisfy Special Tax obligations by the tender of Bonds unless the District shall have first obtained a
report of a Special Tax Consultant certifying that doing so would not result in the District having
insufficient Special Tax Revenues to pay the principal of and interest on all Outstanding Bonds and
any Parity Bonds when due.
Payment of the Special Tax is not a Personal Obligation of the Owners
An owner of a taxable parcel is not personally obligated to pay the Special Tax. Rather, the
Special Tax is an obligation which is secured only by a lien against the taxable parcel. If the value of
a taxable parcel is not sufficient, taking into account other liens imposed by public agencies, to
secure fully the Special Tax, the District has no recourse against the owner.
Land Values
The value of the property within Improvement Area A is a critical factor in determining the
investment quality of the Bonds. If a property owner is delinquent in the payment of Special Taxes,
the District's only remedy is to commence foreclosure proceedings in an attempt to obtain funds to
pay the Special Taxes. Reductions in property values due to a downturn in the economy, the direct
or indirect consequences of military and/or terrorist actions in this country or abroad, physical events
such as earthquakes, fires or floods, stricter land use regulations, delays in development or other
events will adversely impact the security underlying the Special Taxes. See "THE COMMUNITY
FACILITIES DISTRICT -- Estimated Value-to-Lien Ratios" herein.
The assessed values set forth in this Official Statement do not represent market values arrived
at through an appraisal process and generally reflect only the sales price of a parcel when acquired by
its current owner, adjusted annually by an amount determined by the San Diego County Assessor, not
to exceed an increase of more than 2% per fiscal year. No assurance can be given that a parcel could
actually be sold for its assessed value.
The Appraiser has estimated, on the basis of certain definitions, assumptions and limiting
conditions contained in the Appraisal, that as of September 3, 2002 the value of the land within
Improvement Area A was $173,735,000. The Appraisal is based on the assumptions as stated in
Appendix C -- "APPRAISAL REPORT." The Appraisal does not reflect any possible negative
impact which could occur by reason of future slow or no growth voter initiatives, any potential
limitations on development occurring due to time delays, an inability of the Developer to obtain any
needed development approval or permit, the presence of hazardous substances within Improvement
Area A, the listing of endangered species or the determination that habitat for endangered or
threatened species exists within Improvement Area A, or other similar situations. The Appraiser has
conditioned the Appraisal on a specific condition in addition to the typical list of assumptions and
limiting conditions which is that there are no environmental issues which would slow or thwart
development of Improvement Area A to its highest and best use. See "THE DEVELOPMENT AND
PROPERTY OWNERSHIP -- Potential Limitations on Development."
48
Prospective purchasers of the Bonds should not assume that the land within Improvement
Ama A could be sold for the appraised amount described above at a foreclosure sale for delinquent
Special Taxes. In arriving at the estimates of value, the Appraiser assumes that any sale will be
unaffected by undue stimulus and will occur following a reasonable marketing period, which is not
always present in a foreclosure sale. See Appendix C for a description of other assumptions made by
the Appraiser and for the definitions and limiting conditions used by the Appraiser.
No assurance can be given that any bid will be received for a parcel with delinquent Special
Taxes offered for sale at foreclosure or, if a bid is received, that such bid will be sufficient to pay all
delinquent Special Taxes. See "SOURCES OF PAYMENT FOR THE BONDS -- Special Tax --
Proceeds of Foreclosure Sales."
Terrorism
Neither the City nor the Developer can predict the economic effect of the ongoing threat of
terrorism and the response of the United States government thereto, though impacts could be
significant. No assurance can be given that the direct and indirect consequences of military and/or
terrorist activities in this country or abroad will not have an effect on the District, the Developer or
the property owners in Improvement Area A, which may include, among other effects, a slowdown
in home sales and a decrease in land values in Improvement Area A.
FDIC/Federal Government Interests in Properties
The ability of the District to foreclose the lien of delinquent unpaid Special Tax installments
may be limited with regard to properties in which the Federal Deposit Insurance Corporation (the
"FDIC") has an interest. In the event that any financial institution making any loan which is secured
by real property within Improvement Area A is taken over by the FDIC, and prior thereto or
thereafter the loan or loans go into default, then the ability of the District to collect interest and
penalties specified by State law and to foreclose the lien of delinquent unpaid Special Taxes may be
limited.
The FDIC's policy statement regarding the payment of state and local real property taxes (the
"Policy Statement") provides that property owned by the FDIC is subject to state and local real
property taxes only if those taxes are assessed according to the property's value, and that the FDIC is
immune from real property taxes assessed on any basis other than property value. According to the
Policy Statement, the FDIC will pay its property tax obligations when they become due and payable
and will pay claims for delinquent property taxes as promptly as is consistent with sound business
practice and the orderly administration of the institution's affairs, unless abandonment of the FDIC's
interest in the property is appropriate. The FDIC will pay claims for interest on delinquent property
taxes owed at the rate provided under state law, to the extent the interest payment obligation is
secured by a valid lien. The FDIC will not pay any amounts in the nature of fines or penalties and
will not pay nor recognize liens for such amounts. If any property taxes (including interest) on
FDIC-owned property are secured by a valid lien (in effect before the property became owned by the
FDIC), the FDIC will pay those claims. The Policy Statement further provides that no property of
the FDIC is subject to levy, attachment, garnishment, foreclosure or sale without the FDIC's consent.
In addition, the FDIC will not permit a lien or security interest held by the FDIC to be eliminated by
foreclosure without the FDIC's consent.
The Policy Statement states that the FDIC generally will not pay non-ad valorem taxes,
including special assessments, on property in which it has a fee interest unless the amount of tax is
fixed at the time that the FDIC acquires its fee interest in the property, nor will it recognize the
validity of any lien to the extent it purports to secure the payment of any such amounts. Special taxes
49
ocsoc,922620v ,22245.0138
imposed under the Mello-Roos Act and a special tax formula which determines the special tax due
each year are specifically identified in the Policy Statement as being imposed each year and therefore
covered by the FDIC's federal immunity.
The District is unable to predict what effect the application of the Policy Statement would
have in the event of a delinquency in the payment of Special Taxes on a parcel within Improvement
Area A in which the FDIC has or obtains an interest, although prohibiting the lien of the FDIC to be
foreclosed out at a judicial foreclosure sale could reduce or eliminate the number of persons willing
to purchase a parcel at a foreclosure sale. Such an outcome could cause a draw on the Reserve
Account and perhaps, ultimately, a default in payment on the Bonds.
Bankruptcy and Foreclosure
Bankruptcy, insolvency and other laws generally affecting creditors rights could adversely
impact the interests of owners of the Bonds in at least two ways. First, the payment of property
owners' taxes and the ability of the District to foreclose the lien of a delinquent unpaid Special Tax
pursuant to its covenant to pursue judicial foreclosure proceedings may be limited by bankruptcy,
insolvency or other laws generally affecting creditors' rights or by the laws of the State relating to
judicial foreclosure. In addition, the prosecution of a foreclosure could be delayed due to many
reasons, including crowded local court calendars or lengthy procedural delays.
Second, the Bankruptcy Code might prevent moneys on deposit in the funds and accounts
created under the Indenture from being applied to pay interest on the Bonds and/or to redeem Bonds
if bankruptcy proceedings were brought by or against the Developer and if the court found that the
Developer had an interest in such moneys within the meaning of Section 541(a)(1) of the Bankruptcy
Code.
Although a bankruptcy proceeding would not cause the Special Taxes to become
extinguished, the amount of any Special Tax lien could be modified if the value of the property falls
below the value of the lien. If the value of the property is less than the lien, such excess amount
could be treated as an unsecured claim by the bankruptcy court. In addition, bankruptcy of a
property owner could result in a delay in prosecuting Superior Court foreclosure proceedings. Such
delay would increase the likelihood of a delay or default in payment of delinquent Special Tax
installments and the possibility of delinquent Special Tax installments not being paid in full.
On July 30, 1992, the United States Court of Appeals for the Ninth Circuit issued its opinion
in a bankruptcy case entitled In re Glasply Marine Industries. In that case, the court held that ad
valorem property taxes levied by Snohomish County in the State of Washington after the date that
the property owner filed a petition for bankruptcy were not entitled to priority over a secured creditor
with a prior lien on the property. Although the court upheld the priority of unpaid taxes imposed
before the bankruptcy petition, unpaid taxes imposed after the filing of the bankruptcy petition were
declared to be "administrative expenses" of the bankruptcy estate, payable after all secured creditors.
As a result, the secured creditor was able to foreclose on the property and retain all the proceeds of
the sale except the amount of the pre-petition taxes.
The Bankruptcy Reform Act of 1994 (the "Bankruptcy Reform Act") included a provision
which excepts from the Bankruptcy Code's automatic stay provisions, "the creation of a statutory
lien for an ad valorem property tax imposed by... a political subdivision of a state if such tax comes
due after the filing of the petition [by a debtor in bankruptcy court]." This amendment effectively
makes the Glasply holding inoperative as it relates to ad valorem real property taxes. However, it is
possible that the original rationale of the Glasply ruling could still result in the treatment of post-
5o
DOCSOC\922620v3~22245.0138 ~ *
petition special taxes as "administrative expenses," rather than as tax liens secured by real property,
at least during the pendency of bankruptcy proceedings.
According to the court's ruling, as administrative expenses, post petition taxes would be paid,
assuming that the debtor had sufficient assets to do so. In certain circumstances, payment of such
administrative expenses may be allowed to be deferred. Once the property is transferred out of the
bankruptcy estate (through foreclosure or otherwise), it would at that time become subject to current
ad valorem taxes.
The Act provides that the Special Taxes are secured by a continuing lien which is subject to
the same lien priority in the case of delinquency as ad valorem taxes. No case law exists with respect
to how a bankruptcy court would treat the lien for Special Taxes levied after the filing ora petition in
bankruptcy. Glaspl¥ is controlling precedent on bankruptcy courts in the State. If the Glaspl¥
precedent was applied to the levy of the Special Taxes, the amount of Special Taxes received from
parcels whose owners declare bankruptcy could be reduced.
The various legal opinions to be delivered concurrently with the delivery of the Bonds
(including Bond Counsel's approving legal opinion) will be qualified, as to the enfomeability of the
various legal instruments, by moratorium, bankruptcy, reorganization, insolvency or other similar
laws affecting the rights of creditors generally.
No Acceleration Provision
The Bonds do not contain a provision allowing for the acceleration of the Bonds in the event
of a payment default or other default under the Bonds or the Indenture.
Loss of Tax Exemption
As discussed under the caption "TAX MATTERS," the interest on the Bonds could become
includable in gross income for federal income tax purposes retroactive to the date of issuance of the
Bonds as a result of a failure of the District to comply with certain provisions of the Internal Revenue
Code of 1986, as amended. Should such an event of taxability occur, the Bonds are not subject to
early redemption and will remain outstanding to maturity or until redeemed under the optional
redemption provisions of the Indenture.
Limitations on Remedies
Remedies available to the owners of the Bonds may be limited by a variety of factors and
may be inadequate to assure the timely payment of principal of and interest on the Bonds or to
preserve the tax-exempt status of the Bonds.
Bond Counsel has limited its opinion as to the enforceability of the Bonds and of the
Indenture to the extent that enforceability may be limited by bankruptcy, insolvency, reorganization,
fraudulent conveyance or transfer, moratorium, or other similar laws affecting generally the
enforcement of creditors' rights, by equitable principles and by the exercise of judicial discretion.
The lack of availability of certain remedies or the limitation of remedies may entail risks of delay,
limitation or modification of the rights of the owners of the Bonds.
Limited Secondary Market
There can be no guarantee that there will be a secondary market for the Bonds or, if a
secondary market exists, that such Bonds can be sold for any particular price. Although the District
51
and the Developer have committed to provide certain financial and operating information on an
annual basis, there can be no assurance that such information will be available to Bondowners on a
timely basis. See "CONTINUING DISCLOSURE." The failure to provide the required annual
financial information does not give rise to monetary damages but merely an action for specific
performance. Occasionally, because of general market conditions, lack of current information, or
because of adverse history or economic prospects connected with a particular issue, secondary
marketing practices in connection with a particular issue are suspended or terminated. Additionally,
prices of issues for which a market is being made will depend upon then prevailing circumstances.
Such prices could be substantially different from the original purchase price.
Proposition 218
An initiative measure commonly referred to as the "Right to Vote on Taxes Act" (the
"Initiative') was approved by the voters of the State of California at the November 5, 1996 general
election. The Initiative added Article XIIIC and Article XIIID to the California Constitution.
According to the "Title and Summary" of the Initiative prepared by the California Attorney General,
the Initiative limits "the authority of local governments to impose taxes and property-related
assessments, fees and charges." The provisions of the Initiative have not yet been interpreted by the
courts, although several lawsuits have been filed requesting the courts to interpret various aspects of
the Initiative. The Initiative could potentially impact the Special Taxes available to the City to pay
the principal of and interest on the Bonds as described below.
Among other things, Section 3 of Article XIII states that "... the initiative power shall not be
prohibited or otherwise limited in matters of reducing or repealing any local tax, assessment, fee or
charge." The Act provides for a procedure which includes notice, hearing, protest and voting
requirements to alter the rate and method of apportionment of an existing special tax. However, the
Act prohibits a legislative body from adopting any resolution to reduce the rate of any special tax or
terminate the levy of any special tax pledged to repay any debt incurred pursuant to the Act unless
such legislative body determines that the reduction or termination of the special tax would not
interfere with the timely retirement of that debt. On July 1, 1997, a bill was signed into law by the
Governor of the State enacting Government Code Section 5854, which states that:
"Section 3 of Article XIIIC of the California Constitution, as adopted at the
November 5, 1996, general election, shall not be construed to mean that any owner or
beneficial owner of a municipal security, purchased before or after that date, assumes the risk
of, or in any way consents to, any action by initiative measure that constitutes an impairment
of contractual rights protected by Section 10 of Article I of the United States Constitution."
Accordingly, although the matter is not free from doubt, it is likely that the Initiative has not
conferred on the voters the power to repeal or reduce the Special Taxes if such reduction would
interfere with the timely retirement of the Bonds.
It may be possible, however, for voters or the City Council acting as the legislative body of
the District to reduce the Special Taxes in a manner which does not interfere with the timely
repayment of the Bonds, but which does reduce the maximum amount of Special Taxes that may be
levied in any year below the existing levels. Furthermore, no assurance can be given with respect to
the future levy of the Special Taxes in amounts greater than the amount necessary for the timely
retirement of the Bonds. Therefore, no assurance can be given with respect to the levy of Special
Taxes for Administrative Expenses. Nevertheless, to the maximum extent that the law permits it to
do so, the District has covenanted that it will not initiate proceedings under the Act to reduce the
maximum Special Tax rates on parcels within Improvement Area A to less than an amount equal to
110% of Maximum Annual Debt Service on the Outstanding Bonds and Parity Bonds. In connection
52
DOCSOC\922620v3~22245.0138 /~. //~
with the foregoing covenant, the District has made a legislative finding and determination that any
elimination or reduction of Special Taxes below the foregoing level would interfere with the timely
retirement of the Bonds. The District also has covenanted that, in the event an initiative is adopted
which purports to alter the Rate and Method of Apportionment of Special Tax, it will commence and
pursue legal action in order to preserve its ability to comply with the foregoing covenant. However,
no assurance can be given as to the enforceability of the foregoing covenants.
The interpretation and application of the Initiative will ultimately be determined by the courts
with respect to a number of the matters discussed above, and it is not possible at this time to predict
with certainty the outcome of such determination or the timeliness of any remedy afforded by the
courts. See "SPECIAL RISK FACTORS -- Limitations on Remedies."
Ballot Initiatives
Article XIIIA, Article XIII B and Proposition218 were adopted pursuant to measures
qualified for the ballot pursuant to California's constitutional initiative process. On March 6, 1995 in
the case of Rossi v. Brown, the State Supreme Court held that an initiative can repeal a tax ordinance
and prohibit the imposition of further such taxes and that the exemption from the referendum
requirements does not apply to initiatives. From time to time, other initiative measures could be
adopted by California voters. The adoption of any such initiative might place limitations on the
ability of the State, the City or local districts to increase revenues or to increase appropriations or on
the ability of the landowners within Improvement Area A to complete the remaining proposed
development. See "SPECIAL RISK FACTORS -- Failure to Develop Properties" herein.
CONTINUING DISCLOSURE
Pursuant to a Continuing Disclosure Agreement with the Fiscal Agent, as dissemination
agent (the "Disclosure Agreement"), the District, has agreed to provide, or cause to be provided, to
each nationally recognized municipal securities information repository and any public or private
repository or entity designated by the State as a state repository for purposes of Rule 15c2-12(b)(5)
adopted by the Securities and Exchange Commission (each, a "Repository") certain annual financial
information and operating data concerning the District. The Annual Report to be filed by the District
is to be filed not later than February I of each year, beginning February 1, -~ 2004, and is to include
audited financial statements of the City. The requirement that the City file its audited financial
statements as a part of the Annual Report has been included in the Disclosure Agreement solely to
satisfy the provisions of Rule 15c2-12. The inclusion of th. is information does not mean that the
Bonds are secured by any resources or property of the City other than as described hereinabove. See
"SOURCES OF PAYMENT FOR THE BONDS" and "SPECIAL RISK FACTORS -- Limited
Obligations." The City has never failed to comply in all material respects with any previous
undertakings with regard to Rule 15c2-12 to provide annual reports or notices of material events.
The full text of the Disclosure Agreement is set forth in Appendix G.
To assist the Underwriter in complying with Rule 15c2-12(b)(5), the Developer will enter
into a certain Continuing Disclosure Agreement (the "Developer Disclosure Agreement")
covenanting to provide Semi-Annual Reports not later than February 1 and August 1 of each year
beginning August 1, 2003. The Semi-Annual Reports provided by the Developer are to contain the
unaudited financial statements of the Developer and, if available, audited financial statements, and
the additional financial and operating data outlined in Section 4 of the Developer Disclosure
Agreement attached in Appendix G.
53
The Developer's obligations under the Developer Disclosure Agreement will terminate upon
the earliest to occur of: (a) the legal defeasance, prior redemption or payment in full of all the
Bonds; (b)the date on which the Developer and all affiliates of the Developer are no longer
responsible for the payment of more than 20 percent of the annual Special Tax levy; or (c) the date
on which the Developer delivers to the City an opinion of nationally-recognized bond counsel to the
effect that the continuing disclosure is no longer required under the Rule. The Developer has also
agreed that if it sells or transfers an ownership interest in any property in the District which will
result in the transferee becoming responsible for the payment of 20 percent of the annual Special Tax
levy in the fiscal year following such transfer, the Developer will cause any such transferee to enter
into a disclosure agreement described in Section 12 of the Developer Disclosure Agreement attached
hereto in Appendix G.
The Developer Disclosure Agreement will inure solely to the benefit of the District, any
Dissemination Agent, the Underwriter and owners or beneficial owners from time to time of the
Bonds.
TAX MATTERS
In the opinion of Best Best & Krieger LLP ("Bond Counsel"), based upon an analysis of
existing laws, regulations, rulings and court decisions, and assuming, among other matters,
compliance with certain covenants, interest on the Bonds is excluded from gross income for federal
income tax purposes under Section 103 of the Internal Revenue Code of 1986 (the "Code") and is
exempt from State of California personal income taxes. Bond Counsel is of the further opinion that
interest on the Bonds is not a specific preference item for purposes of the federal individual or
corporate alternative minimum taxes, although Bond Counsel observes that such interest is included
in adjusted current earnings when calculating federal corporate alternative minimum taxable income.
A complete copy o£the proposed form of opinion of Bond Counsel is set forth in Appendix H hereto.
The Code imposes various restrictions, conditions and requirements relating to the exclusion
from gross income for federal income tax purposes of interest on obligations such as the Bonds. The
City has covenanted to comply with certain restrictions designed to insure that interest on the Bonds
will not be included in federal gross income. Failure to comply with these covenants may result in
interest on the Bonds being included in federal gross income, possibly from the date of original
issuance of the Bonds. The opinion of Bond Counsel assumes compliance with these covenants.
Bond Counsel has not undertaken to determine (or to inform any person) whether any actions taken
(or not taken) or events occurring (or not occurring) after the date of issuance of the Bonds may
adversely affect the value of, or the tax status of interest on, the Bonds. Further, no assurance can be
given that pending or future legislation or amendments to the Code, if enacted into law, or any
proposed legislation or amendments to the Code, will not adversely affect the value of, or the tax
status of interest on, the Bonds. Prospective Bondholders are urged to consult their own tax advisors
with respect to proposals to restructure the federal income tax.
Certain requirements and procedures contained or referred to in the Indenture, the Tax
Certificate, and other relevant documents may be changed and certain actions (including, without
limitation, defeasance of the Bonds) may be taken or omitted under the circumstances and subject to
the terms and conditions set forth in such documents. Bond Counsel expresses no opinion as to any
Bond or the interest thereon if any such change occurs or action is taken or omitted upon the advice
or approval of Bond Counsel other than itself.
Although Bond Counsel is of the opinion that interest on the Bonds is excluded from gross
income for federal income tax purposes and is exempt from State of California personal income
54
DOCSOC\922620v3\22245.0138 /~ ~ /,~'~ 0
taxes, the ownership or disposition of, or the accrual or receipt of interest on, the Bonds may
otherwise affect a bondholder's federal or state tax liability. The nature and extent of these other tax
consequences will depend upon the particular tax status of the Bondholder or the Bondholder's other
items of income or deduction, and Bond Counsel expresses no opinion regarding any such other tax
consequences.
LEGAL MATTERS
Certain legal matters incident to the issuance of the Bonds are subject to the approving legal
opinion of Best Best & Krieger LLP, San Diego, California ("Bond Counsel"). A copy of the
proposed form of opinion of Bond Counsel is set forth in Appendix H hereto. The opinion of Bond
Counsel will be qualified as to the enforceability of certain of the proceedings by limitations imposed
by bankruptcy, insolvency, moratoria and other similar laws affecting creditors' rights, heretofore or
hereafter enacted, and by the exercise of judicial discretion in accordance with general principles of
equity.
Bond Counsel has reviewed the cover page of this Official Statement and the portions hereof
under the captions "INTRODUCTION," "THE BONDS," "SOURCES OF PAYMENT FOR THE
BONDS" "TAX MATTERS" and in Appendices E and H, insofar as such portions purport to
summarize certain provisions of the Bonds, the Indenture, the legal procedures required for the
authorization of the Bonds, and the opinion of Bond Counsel concerning the exclusion of interest on
the Bonds from gross income, but Bond Counsel has not assisted in the preparation of or reviewed
the remainder of this Official Statement, and accordingly Bond Counsel expresses no opinion as to
the accuracy or sufficiency of any statements, material or financial information contained in the
remainder of this Official Statement.
Certain legal matters will be passed upon for the City and the District by the City Attorney
and for the Underwriter by its counsel, Stradling Yocca Carlson & Rauth, a Professional Corporation,
Newport Beach, California ("Stradling"). Although it serves as counsel to the Underwriter in
connection with the issuance and sale of the Bonds, Stradling represents the City in connection with
other financings.
LITIGATION
No litigation is pending or threatened concerning the validity of the Bonds or the pledge of
Special Taxes to repay the Bonds and a certificate of the District to that effect will be furnished to the
Underwriter at the time of the original delivery of the Bonds. The District is not aware of any
litigation pending or threatened which questions the existence of the District or contests the authority
of the District to levy and collect the Special Taxes or to issue and retire the Bonds.
NO RATING
The District has not made and does not contemplate making application to any rating agency
for the assignment ora rating of the Bonds.
UNDERWRITING
The Bonds are being purchased by Stone & Youngberg LLC (the "Underwriter"). The
Underwriter has agreed to purchase the Bonds at a price of $ (being $
55
DOCSOC\922620v3\22245.0138
aggregate principal amount thereof, less Underwriter's discount of $ ). The purchase
agreement relating to the Bonds provides that the Underwriter will purchase all of the Bonds if any
are purchased. The obligation to make such purchase is subject to certain terms and conditions set
forth in such purchase agreement, the approval of certain legal matters by counsel and certain other
conditions.
The Underwriter may offer and sell the Bonds to certain dealers and others at prices lower
than the offering price stated on the cover page hereof. The offering price may be changed from time
to time by the Underwriter.
FINANCIAL INTERESTS
The fees being paid to the Underwriter, Underwriter's Counsel and Bond Counsel are
contingent upon the issuance and delivery of the Bonds. The fees being paid to the Financial
Advisor arc partially contingent upon the issuance and delivery of the Bonds. From time to time,
Bond Counsel represents the Underwriter on matters unrelated to the Bonds and Underwriter's
Counsel represents the City on matters unrelated to the Bonds.
PENDING LEGISLATION
The District is not aware of any significant pending legislation which would have material
adverse consequences on the Bonds or the ability of the District to pay the principal of and interest
on the Bonds when due.
ADDITIONAL INFORMATION
The purpose o£ this Official Statement is to supply information to prospective buyers of the
Bonds. Quotations and summaries and explanations of the Bonds and documents contained in this
Official Statement do not purport to be complete, and reference is made to such documents for full
and complete statements and their provisions.
56
DOCSOC\922620v3\22245,0138 / 0,, /~)~,
The execution and delivery of this Official Statement by the Director of Finance of the City
has been duly authorized by the City Council acting in its capacity as the legislative body of the
District.
CITY OF CHULA VISTA COMMUNITY
FACILITIES DISTRICT NO. 06-1
(EASTLAKE - WOODS. VISTAS AND -~
By:
Director of Finance
57
DOCSOC\922620v3\22245.0138
APPENDIX A
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 06-I
IMPROVEMENT AREA A
(Eastlake - Woods: Vistas and ~- ~
Property within the City of Chula Vista Community Facilities District No. 06-I, Improvement
Area A ("Improvement Area A") and collected each Fiscal Year commencing in Fiscal Year 2003-
2004 in an amount determined by the City Council through the application of the appropriate Special
Tax for "Developed Property," and "Undeveloped Property" as described below. All of the Taxable
Property in Improvement Area A, unless exempted by law or by the provisions hereof, A Special Tax
as hereinafter defined shall be levied on each Assessor's Parcel of Taxable 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 meaning:
"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, parcel map, condominium plan, record of survey, or other
recorded document creating or describing the land area. If the preceding maps for a land area are not
available, the Acreage of such land area shall be determined by the City Engineer.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter
2.5, Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the actual or reasonably estimated costs directly related
to the administration of Improvement Area A including, but not limited to, the following: the costs
of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether
by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the
County, the City, or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of
the Trustee (including its legal counsel) in the discharge of the duties required of it under the
Indenture; the costs to the City, CFD-06-I, or any designee thereof of complying with arbitrage
rebate requirements; the costs to the City, CFD-06-I, or any designee thereof of providing continuing
disclosure; the costs associated with preparing Special Tax disclosure statements and responding to
public inquiries regarding the Special Taxes; the costs of the City, CFD-06-I, or any designee thereof
related to any appeal of the levy or application of the Special Tax; and the costs associated with the
release of funds from an escrow account, if any. Administrative Expenses shall also include amounts
estimated or advanced by the City or CFD-06-I, for any other administrative purposes of
Improvement Area A, including, but not limited to attorney's fees and other costs related to
commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned Assessor's Parcel number.
A-1
DOCSOC\922620v3\22245.0138
"Assessor's Parcel Map" means an official map of the County Assessor of the County
designating parcels by Assessor's Parcel number.
"Assigned Special Tax" means the Special Tax for each Land Use Category of Developed
Property as determined in accordance with Section C.1 .a.
"Available Funds" means the balance in the reserve fund established pursuant to the terms
of the Indenture in excess of the reserve requirement as defined in such Indenture, delinquent Special
Tax payments not required to fund the Special Tax Requirement for any preceding Fiscal Year, and
Special Tax prepayments collected to pay interest on Bonds, and other sources of funds available as a
credit to the Special Tax Requirement as specified in such Indenture.
"Backup Special Tax" means the Special Tax amount set forth in Section C. 1 .b.
"Bonds" means any bonds or other debt (as defined in the Act), whether in one or more
series, issued or incurred by CFD-06-I for Improvement Area A under the Act.
"Bond Year" means a one-year period beginning on September 2nd in each year and ending
on September I st in the following year, unless defined otherwise in the applicable Indenture.
"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-06-I' means City of Chula Vista Community Facilities District No. 06-I.
"City" means the City of Chula Vista.
"Commercial Property" means all Assessors' Parcels of Developed Property, for which a
building permit(s) was issued for a non-residential use, excluding Community Purpose Facility
Property and Hotel Property.
"Community Purpose Facility Property" means all Assessors' 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, acting as the legislative body of CFD-06-I.
"County" means the County of San Diego.
"Developed Property" means, for each Fiscal Year, all Taxable Property for which a
building permit for new construction was issued prior to March 1 of the prior Fiscal Year.
"Exempt Property" means property not subject to the Special Assigned Tax due to its
classification as either Public Property, Property Owner Association Property, Community Purpose
Facility Property, public or utility easements.
"Final Subdivision Map" means a subdivision of property, created by recordation of a Final
Subdivision Map, parcel map or lot line adjustment, approved by the City 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 residential building
permits may be issued without further subdivision of such property.
A-2
DOCSOC\922620v3\22245,0138 ,~. ~,~ ~
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Hotel Property" means any Assessor's Parcel(s) of Commercial Property within the
boundaries of CFD 06-I entitled or otherwise designated by the City to be used as a Hotel site.
"Hotel" means a building or group of buildings comprising six or more individual sleeping
or living units without kitchens, except as otherwise provided herein, for the accommodation of
transient guests.
"Improvement Area A' means Improvement Area A of CFD No. 06-I known as the Woods
~ Vistas and. Laad3ma~.
"Indenture" means the indenture, fiscal agent agreement, trust agreement, resolution or
other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented
from time to time, and any instrument replacing or supplementing the same.
"Land Use Class" means any of the classes listed in Tables 1 and 2 of Section C.
"Lot" means an individual legal lot created by a Final Subdivision Map for which a building
permit for residential construction has been or could be issued.
"Master Developer" means the owner of the predominant amount of Undeveloped Property
in Improvement Area A.
"Maximum Annual Special Tax" means the maximum annual Special Tax, determined in
accordance with the provisions of Section C, which may be levied in any Fiscal Year on any
Assessor's Parcel of Taxable Property.
"Outstanding Bonds" means all Bonds, which remain outstanding as defined in the
Indenture.
"Property Owner Association Property" means any property within the boundaries of
Improvement Area A owned by or dedicated to a property owner association, including any master or
sub-association.
"Proportionately" means for Developed Property that the ratio of the actual Special Tax
levy to the Assigned Annual Special Tax or the Backup Special Tax is equal for all Assessors'
Parcels of Developed Property within Improvement Area A. For Undeveloped Property
"Proportionately" means that the ratio of the actual Special Tax levy per Acre to the Maximum
Annual Special Tax per Acre is equal for ~11 Assessor's Parcels of Undeveloped Property within
Improvement Area A.
"Public Property" means any property within the boundaries of Improvement Area A that
is owned by or dedicated to the federal government, the State of California, the County, the City or
any other public agency.
"Residential Property" means all Assessors' Parcels of Developed Property for which a
building permit has been issued for purposes of constructing one or more residential dwelling units.
"Residential Floor Area" means all of the square footage of living area within the perimeter
of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed
patio, or similar area. The determination of Residential Floor Area shall be made by the CFD
Administrator by reference to appropriate records kept by the City's Building Department.
A-3
DOCSOC\922620v3\22245.0138
Residential Floor Area for a residential structure will be based on the building permit(s) issued for
such structure.
"Special Tax" means the annual special tax to be levied in each Fiscal Year on each
Assessor's Parcel of Taxable Property to fund the Special Tax Requirement.
"Special Tax Requirement" means that amount of Special Tax revenue required in any
Fiscal Year for Improvement Area A to: (i) pay annual debt service on all Outstanding Bonds (as
defined in Section A) due in the Bond Year beginning in such Fiscal Year; (ii) pay other periodic
costs on Outstanding Bonds, including but not limited to, credit enhancement and rebate payments on
Outstanding Bonds; (iii) pay Administrative Expenses; (iv) pay any amounts required to establish or
replenish any reserve funds for all Outstanding Bonds in accordance with the Indenture; and (v) pay
directly for acquisition and/or construction of public improvements which are authorized to be
financed by CFD-06-I provided that the inclusion of such amount does not cause an increase in the
levy of Special Tax on the Undeveloped Property and for Improvement Area A; less (vi) a credit for
Available Funds.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of
Improvement Area A that are not exempt from the Special Tax pursuant to law or Section E below.
"Trustee" means the trustee, fiscal agent, or paying agent under the Indenture.
"Undeveloped Property" means, for each Fiscal year, all Taxable Property not classified as
Developed Property.
"Zone 1" means a specific geographic location known as the Vistas development area as
depicted in Exhibit A attached herein.
"Zone 2" means a specific geographic location known as the Woods development area as
depicted in Exhibit A attached herein.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Assessors' Parcels of Taxable Properly within Improvement Area A
shall be classified as Developed Property or Undeveloped Property and shall be subject to the levy of
annual Special Taxes determined pursuant to Sections C and D below. Developed Property shall be
assigned to Zone I or Zone 2 and shall be further classified as Residential Property, Commercial
Property or Hotel Property.
C. MAXIMUM ANNUAL SPECIAL TAX RATE
1. Developed Property
The Maximum Annual Special Tax for each Assessor's Parcel of Residential Property,
Commercial Property or Hotel Property shall be the greater of (l)the Assigned Special Tax
described in Tables l and 2 below or (2) the Backup Special Tax computed pursuant to b. below.
a. Assigned Special Tax
The Assigned Special Tax for each Assessor's Parcel of Developed Property
is shown in Tables 1 and 2.
A-4
DOCSOC\922620v3\22245.0138 / ~) / ~)~.~j,
Table 1
Zone 1 (Vistas)
Assigned Annual Special Tax for Developed Property
Land Use Class Description Assigned Annual Special Tax
1 Residential Property $0.58 per square foot of
Residential Floor Area
2 Commercial Property $6,000 per Acre
3 Hotel Property $6,000 per Acre
Table 2
Zone 2 (Woods)
Assigned Annual Special Tax for Developed Property
Land Use Class Description Assigned Annual Special Tax
1 Residential Property $0.67 per square foot of
Residential Floor Area
2 Commercial Property $6,000 per Acre
b. Backup Special Tax
When a Final Subdivision Map is recorded within Zone 1 and 2 of
Improvement Area A the Backup Special Tax for Assessor's Parcels of classified as Residential
Property, Commercial Property or Hotel Property shall be determined as follows:
For each Assessor's Parcel of Residential Property or for each Assessor's
Parcel of Undeveloped Property to be classified as Residential Property upon its development within
the Final Subdivision Map area, the Backup Special Tax shall be the rate per Lot calculated
according to the following formula:
Zone 1 (Vistas)
$11,037 x A
L
Zone 2 (Woods)
$8,332 x A
L
The terms above have the following meanings:
B = Backup Special Tax per Lot in each Fiscal Year.
A= Acreage classified or to be classified as Residential Property in such Final
Subdivision Map.
L = Lots in the Final Subdivision Map which are classified or to be classified as
Residential Property.
A-5
DOCSOC\922620v3\22245.0138 ~/~) ~ / ~:) {~
For each Assessor's Parcel of Commercial Property or Hotel Property or for
each Assessor's Parcel of Undeveloped Property to be classified as Commercial Property or Hotel
Property within the Final Subdivision Map area, the Backup Special Tax shall be determined by
multiplying $11,037 for Zone 1 and $8,332 for Zone 2 by the total Acreage of each Assessor's
parcels of the Commercial or Hotel Property and Undeveloped Property to be classified as
Commercial Property or Hotel Property within the Final Subdivision Map area.
Notwithstanding the foregoing, if Assessor's Parcels of Residential Property,
Commercial Property, Hotel Properly or Undeveloped Property for which the Backup Special Tax
has been determined are subsequently changed or modified by recordation of a new or amended Final
Subdivision Map, then the Backup Special Tax applicable to such Assessor's Parcels shall be
recalculated to equal the amount of Backup Special Tax that would have been generated if such
change did not take place.
2. Undeveloped Property
The Maximum Annual Special Tax for each Assessor's Parcel classified as Undeveloped
Property shall be $11,037 per acre for Zone I and $8,332 per acre for Zone 2.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the Council shall
determine the Special Tax Requirement and shall levy the Special Tax until the amount of Special
Taxes 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 within Zones 1 or 2 at a rate up to I00% of the applicable Assigned Special Tax
to satisfy the Special Tax Requirement.
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
Undeveloped Property, excluding any Assessor's Parcels classified as Undeveloped Property
pursuant to Section E, at a rate up to 100% of the Maximum Annual Special Tax for Undeveloped
Property.
Third: If additional monies are needed to satisfy the Special Tax Requirement after the first
two steps have been completed, the Special Tax to be levied on each Assessor's Parcel of Developed
Property whose Maximum Annual Special Tax is derived by the application of the Backup Special
Tax shall be increased Proportionately from the Assigned Special Tax up to the Maximum Annual
Special Tax for each such Assessor's Parcel.
Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first
three steps have been completed, then the Special Tax shall be levied Proportionately on each
Assessor's Parcel classified as Undeveloped Property pursuant to Section E at a rate up to 100% of
the Maximum Annual Special Tax for Undeveloped Property.
Notwithstanding the above, under no circumstances will the Special Tax levied against any
Assessor's Parcel of Residential Property be increased by more than ten percent per year as a
consequence of delinquency or default in the payment of Special Taxes by the owner of any other
Assessor's Parcel.
A-6
DOCSOC\922620v3\22245.0138 i~, / e,~ (~]
E. EXEMPTIONS
1. The CFD Administrator shall classify the following Assessor Parcel(s) as Exempt
Property: (i) Public Property, (ii) Property Owner Association Property, (iii) Community Purpose
Facility Property, and (iv) Assessor's Parcels with public or utility easements making impractical
their utilization for other than the purposes set forth in the easement; provided, however, that no such
classification shall reduce the sum of all Taxable Property within Zone 1 (Vistas) to less than 180.03
Acres and within Zone 2 (Woods) to less than 166.23 acres. Assessor's Parcels which cannot be
classified as Exempt Property because such classification would reduce the Acreage of all Taxable
Property to less than for Zone 1 (Vistas) 180.03 acres and Zone 2 (Woods) 166.23 acres will be
classified as Undeveloped Property and shall be taxed as such. Tax exempt status for purposes of this
paragraph will be assigaed by the CFD Administrator in the chronological order in which property
becomes Exempt Property.
2. The Maximum Annual Special Tax obligation for any property which would be
classified as Public Property upon its transfer or dedication to a public agency but which cannot be
classified as Exempt Property as described in paragraph 1 of Section E shall be prepaid in gull by the
seller pursuant to Section H. 1, prior to the transfer/dedication of such property to such public agency.
Until the Maximum Annual Tax obligation for any such Public Property is prepaid, the property shall
continue to be subject to the levy o£the Special Tax as Undeveloped Property.
F. REVIEW/APPEAL COMMITTEE
Any landowner or resident who feels that the amount of the Special Tax levied on their
Assessor's Parcel is in error shall first consult with the CFD Administrator regarding such error. If
following such consultation, the CFD Administrator determines that an error has occurred; the CFD
Administrator 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 CFD-06-I 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
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
The annual Special Tax shall be collected in the same manner and at the same time as
ordinary ad valorem property taxes; provided, however, that CFD-06-I, may directly bill the Special
Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its
financial obligations, and may covenant to foreclose and may actually foreclose on Assessor's
Parcels of Taxable Property that are delinquent in the payment of Special Taxes.
Tenders of Bonds may be accepted for payment of Special Taxes upon the terms and
conditions established by the Council pursuant to the Act. However, the use of Bond tenders shall
only be allowed on a case-by-case basis as specifically approved by the Council.
A-7
H. PREPAYMENT OF SPECIAL TAX
The following definition applies to this Section H:
"CFD Public Facilities" means either $34.5 million in 2002 dollars, which shall increase by
the Construction Inflation Index on July 1, 2003, and on each July 1 thereafter, or such lower number
as (i)shall be determined by the CFD Administrator as sufficient to provide the public facilities
under the authorized bonding program for CFD No. 06-I Improvement Area A, or (ii)shall be
determined by the Council concurrently with a covenant that it will not issue any more Bonds to be
supported by Special Taxes levied under this Rate and Method of Apportionment as described in
Section D.
"Construction Fund" means an account specifically identified in the Indenture to hold funds
which are currently available for expenditure to acquire or construct public facilities eligible under
the Act.
"Construction Inflation Index" means the annual percentage change in the Engineering
News-Record Building Cost Index for the City of Los Angeles, measured as of the calendar year
which ends in the previous Fiscal Year. In the event this index ceases to be published, the
Construction Inflation Index shall be another index as determined by the CFD Administrator that is
reasonably comparable to the Engineering News-Record Building Cost Index for the City of Los
Angeles.
"Future Facilities Costs" means the CFD Public Facilities minus public facility costs
available to be funded through existing construction fund, or funded by the Outstanding Bonds as
defined below, minus public facility costs funded by interest earnings on the Construction Fund
actually earned prior to the date of prepayment, and minus public facilities costs paid directly with
Special Taxes.
"Outstanding Bonds" means all previously issued Bonds which will remain outstanding
after the first interest and/or principal payment date following the current Fiscal Year, excluding
Bonds to be redeemed at a later date with the proceeds of prior prepayments of Maximum Annual
Special Taxes.
1. Prepayment in Full
The Maximum Annual Special Tax obligation may only be prepaid and permanently satisfied
for an Assessor's Parcel of Developed Property, Undeveloped Property for which a building permit
has been issued, or Public Property. The Maximum Annual Special Tax obligation applicable to
such Assessor's Parcel may be fully prepaid and the obligation of the Assessor's Parcel to pay the
Special Tax permanently satisfied as described herein; provided, however that a prepayment may be
made only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time
of Prepayment. An owner of an Assessor's Parcel intending to prepay the Maximum Annual Special
Tax obligation shall provide the CFD Administrator with written notice of intent to prepay. Within
30 days of receipt of such written notice, the CFD Administrator shall notify such owner of the
Prepayment amount of such Assessor's Parcel. The CFD Administrator may charge a reasonable fee
for providing this figure.
The Prepayment Amount shall be calculated as summarized below (capitalized terms as
defined below):
Bond Redemption Amount
A-8
DOCSOC\922620v3\22245.0138
I3/
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
less Capitalized Interest Credit
Total: equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be
calculated as follows:
Step No.:
1. For Assessor's Parcels of Developed Property, compute the Maximum Annual
Special Tax for the Assessor's Parcel to be prepaid. For Assessor's Parcels of Undeveloped Property
for which a building permit has been issued to be prepaid, compute the Maximum Annual Special
Tax for that Assessor's Parcel as though it was already designated as Developed Property, based
upon the building permit, issued for that Assessor's Parcel. For Assessor's Parcels of Public
Property to be prepaid, compute the Maximum Annual Special Tax for that Assessor's Parcel using
the Maximum Annual Special Tax for Undeveloped Property.
2. Divide the Maximum Annual Special Tax computed pursuant to paragraph I by the
sum of the total expected Maximum Annual Special Tax revenues which may be levied within
Improvement Area A excluding any Assessors Parcels for which the Maximum Annual Special Tax
obligation has been previously prepaid.
3. Multiply the quotient computed pursuant to paragraph 2 by the principal amount of
the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the
"Bond Redemption Amount').
4. Multiply the Bond Redemption Amount computed pursuant to paragraph 3 by the
applicable redemption premium on the next possible Bond call date, if any, on the Outstanding
Bonds to be redeemed (the "Redemption Premium ").
5. If all the Bonds authorized to be issued for Improvement Areas A have not been
issued, compute the Future Facilities Costs.
6. Multiply the quotient computed pursuant to paragraph 2 by the amount if any,
determined pursuant to paragraph 5 to compute the amount of Future Facilities Costs to be allocated
to such Assessor's Parcel (the "Future Facilities Amount").
7. Compute the amount needed to pay interest on the Bond Redemption Amount from
the first bond interest and/or principal payment date following the current Fiscal Year until the
earliest redemption date for the Outstanding Bonds.
8. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel.
9. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal
Year, which have not yet been paid.
10. Compute the amount the CFD Administrator reasonably expects to derive from the
reinvestment of the Prepayment Amount less the Administrative Fees and Expenses (including the
A-9
DOCSOC\922620v3~22245.0138 /~) ~ /3 ~t~
costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of
redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the
redemption) from the date of prepayment until the redemption date for the Outstanding Bonds to be
redeemed with the prepayment.
11. Add the amounts computed pursuant to paragraphs 7 and 9 and subtract the amount
computed pursuant to paragraph 10 (the "Defeasance Amount").
12. Determine the administrative fees and expenses of CFD-06-I, applicable prepayment
totals, including the costs of computation of the prepayment, the costs to invest the prepayment
proceeds, the costs of redeeming Bonds, and the cost of recording any notices to evidence the
prepayment and the redemption (the "Administrative Fees and Expenses ")
13. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser off (a) the
expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with
the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by
subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of
Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the
prepayment date, but in no event shall such amount be less than zero.
14. If any capitalized interest for the Outstanding Bonds will not have been expended at
the time of the first interest payment following the current Fiscal Year, a capitalized interest credit
shall be calculated by multiplying the quotient computed pursuant to paragraph 2 by the expected
balance in the capitalized interest fund after such first interest payment (the "Capitalized Interest
Credit ").
15. The Maximum Annual Special Tax prepayment is equal to the sum of the amounts
computed pursuant to paragraphs 3, 4, 6, ll, and 12, less the amounts computed pursuant to
paragraphs 13 and 14 (the "Prepayment Amount").
16. From the Prepayment Amount, the amounts computed pursuant to paragraphs 3, 4,
11, 13, and 14 shall be deposited into the appropriate fund as established under the Indenture and be
used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to
paragraph 12 shall be retained by CFD-06. The amount computed pursuant to paragraph 5 shall be
deposited in the Construction Fund.
The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of
Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the
appropriate fund established under the Indenture to be used with the next prepayment of bonds or to
make debt service payments.
As a result of the payment of the current Fiscal Year's Special Tax levy as determined under
paragraph 9 above, the CFD Administrator shall remove the current Fiscal Year's Special Tax levy
for such Assessor's Parcel from the County tax rolls. With respect to any Assessor's Parcel that is
prepaid, the Council shall cause a suitable notice to be recorded in compliance with the Act, to
indicate the prepayment of Special Taxes and the release of the Special Tax lien on such Assessor's
Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the
amount of Maximum Annual Special Taxes that may be levied on Taxable Property within
Improvement Area A both prior to and after the proposed prepayment is at least 1.1 times the
maximum annual debt service on all Outstanding Bonds.
A-10
DOCSOC\922620v3~22245.0138 ,~ ~
Tenders of Bonds in prepayment of Maximum Annual Special Taxes may be accepted upon
the terms and conditions established by the Council pursuant to the Act. However, the use of Bond
tenders shall only be allowed on a case-by-case basis as specifically approved by the Council.
2. Prepayment in Part
The Maximum Annual Special Tax on an Assessor's Parcel of Developed Property or an
Assessor's Parcel of Undeveloped Property for which a building permit has been issued may be
partially prepaid. The amount of the prepayment shall be calculated as in Section H 1; except that a
partial prepayment shall be calculated according to the following formula:
PP= (P£xF) + A
These terms have the following meaning:
PP = the partial prepayment
PE = the Prepayment Amount calculated according to Section H.1, minus Administrative
Expenses and Fees determined pursuant to Step 12.
F = the percent by which the owner of the Assessor's Parcel(s) is partially prepaying the
Maximum Annual Special Tax.
A= the Administrative Expenses and Fees determined pursuant to Step 12.
The owner of an Assessor's Parcel who desires to partially prepay the Maximum Annual
Special Tax shall notify the CFD Administrator of (i) such owner's intent to partially prepay the
Maximum Annual Special Tax, (ii) the percentage by which the Maximum Annual Special Tax shall
be prepaid, and (iii) the company or agency that will be acting as the escrow agent, if applicable.
The CFD Administrator shall provide the owner with a statement of the amount required for the
partial prepayment of the Maximum Annual Special Tax for an Assessor's Parcel within 30 days of
the request and may charge a reasonable fee for providing this service.
With respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute the
funds remitted to it according to Step 16 of Section H. 1, and (ii) indicate in the records of CFD-06-I
that there has been a partial prepayment of the Maximum Annual Special Tax and that a portion of
the Maximum Annual Special Tax equal to the outstanding percentage (1.00 - F) of the remaining
Maximum Annual Special Tax shall continue to be authorized to be levied on such Assessor's Parcel
pursuant to Section D.
I. TERM OF MAXIMUM ANNUAL SPECIAL TAX
The Maximum Annual Special Tax shall be levied commencing in Fiscal Year 2003-2004 to
the extent necessary to fully satisfy the Special Tax Requirement and shall be levied for a period no
longer than the 2042-2043 Fiscal Year.
A-II
DOCSOC\922620,3\22245.0138 / ~) [~ -['
APPENDIX B
SUMMARY OF MARKET ABSORPTION STUDY
DOCSOC\922620v3\22245.0138 / ~ ~I ~2~) ~ ~
APPENDIX C
APPRAISAL REPORT
APPENDIX D
INFORMATION REGARDING THE CITY OF CHULA VISTA
GENERAL INFORMATION
This appendix sets forth general information about the City of Chula Vista ("Chula Vista '') including
information with respect to its finances. The following information concerning Cbula Vista, the County of San
Diego (the "County"), the State of California (the "State') and the United States of America (the "United
States '') are included only for general background purposes.
General Description
Chun Vista is located on San Diego Bay in Southern California, 8 miles south of the City of San
Diego and 7 miles north of the Mexico border, in the area generally known as "South Bay." Chula Vista's city
limits cover approximately 50 square miles. Chula Vista was incorporated March 17, 1911 and became a
chartered city in 1949. Chula Vista operates under a Council-Manager form of government and provides the
following services: public safety, community services, engineering services, planning services, public works,
general administrative services and capital improvements. With a ^Januarv 2002 estimated population ora
190:900, Chula Vista is the second largest city in the County.
Population
The historic population of Chula Vista, the County and the State is shown below.
Cily of Chula Vista, County of San Diego and State of California
Population Estimates
Year City of Chula Vista County of San Diego State of California
-~ 1998 159,500 2,702,800 32,657,000
1999 164,200 2,751,000 33,140,000
2000 171,700 2,805,900 33,753,000
2001 181,200 2,859,000 34,385,000
2002 190,900 2,918,300 35,037,000
Source: California State Department of Finance, E-4 Revised Historical City, County and State Population Estimates, 1991-
2000, with 1990 and 2000 Census Counts and E-1 City/County Population Estimates, with Annual Percent Change,
January 1, 2001 and 2002,
Building Activity
Residential building activity for the past five calendar years for Chula Vista is shown in the
following tables.
City of Chula Vista
New Housing Units Building Permits
1998 1999 2000 2001 2002t°
Single Family Unitsa 1,180 1,796 1,776 2,184 1.17~8
Multifamily Units -~ 166 750 864 1,341 480
Total Units -~ 1,346 2,546 2,640 3,525 1.65~8
t~ Fimlre~ are through the end of the Third Ouarter of 20fl2.
Source: Construction Industry Research Board.
City of Chula Vista
Building Permit Valuations
1998 1999 2000 2001 a 2002o)
Residential
New Single Family $214.996.428 $307.653.35~8 $319.085.98~6 $433_gSfl.821 5~265:097:0#2
Nt~w Multlfamilv t L452.03~6 53.47fl_gl~8 74.634.32~4 107.731.70~2 44.610.57~5
~ 5.391.19~2 5.085.04~9 4.g62.gT~9 7_087.04~9 7_~4n.st~
~ltlfl_R~,.~lg/lt~ 231.g29.65~6 366.200.22~ 30R_593.1 g~9 .~d0_560_572 316.94g:flol
-~ Nonresidential
a New Commercial 17.432.322 17.2t 3_g6~0 17.916.0g~5 22.139.24~ 10.960.g8~3
NeW Induntrial $_5g1.655 7~gflq_sg7 17.41 g_2fl~7 2.130-31_.~.~N 737.65~1
Nt~w Other(2) 11.493.22fl 5_g40.33~9 17.fl00.100 11_112.335 12_885.16~2
/~ltt~rn. & Add~. 12_783.74~d 13.552.63~8 10.527.193 13.091.60~0 14.240.67~9
Total Non- Residential a 47.280.85~2 38.516.43__~3 63.751.58~ 48_482.40__.__~N 47:824.375
Total All RnildinE $279.110:508 $d04.725.65~8 $462.334.774 $508.052.06~5 ~364.772.466
Fipures are through the end of the Third Ouarter of 21)02.
Includes churches and religious buildings, hospitals and institutional buildings, schools and educational buildings,
residential garages, public works and utilities buildings and no-residential alterations and additions.
Note: "Total All Building" is the sum of Residential and Nonresidential Building Permit Valuations. Totals may not add to
sums because of independent rounding.
Source: Construction Industry Research Board.
D-2
DOCSOC,922620v3\22245.0138 /0 ~ /":~
Employment
The following table summarizes the labor force, employment and unemployment figures over the
period 1997 through 2001 for Chula Vista, the County, the State and the United States.
Chnla Vista, San Diego County, State of California and United States
Labor Force, Employment and Unemployment Yearly Average
Civilian Civilian Civilian Civilian
Year and Area Labor Force Employmentfll Unemploymentt2) Unemployment Rate~3~
1997
Chula Vista 67,340 64,340 3,010 4.5%
San Diego County 1,285,100 1,230,800 54,300 4.2%
California 15,947,200 14,942,500 1,004,700 6.3%
United States{a~ 136,297,000 129,558,000 6,739,000 5.0%
1998
Chula Vista 69,200 66,630 2,570 3.7%
San Diego County 1,321,000 1,274,600 46,400 3.5%
California 16,336,500 15,367,500 969,000 5.9%
United States® 137,673,000 131,463,000 6,210,000 4.5%
1999
Chula Vista 71,300 68,980 2,320 3.3%
San Diego County 1,361,600 1,3 l 9,600 42,000 3.1%
California 16,596,500 15,731,700 864,800 5.2%
United States(al 139,368,000 133,488,000 5,580,000 4.2%
2000
Chula Vista 73,410 71,080 2,330 3.2%
San Diego County 1,401,900 1,359,900 42,000 3.0%
California 17,090,800 16,245,600 845,200 4.9%
United States(~) 140,863,000 135,208,000 5,655,000 4.0%
200l
Chula Vista 74,620 72,090 2,530 3.4%
San Diego County 1,424,900 1,379,200 45,700 3.2%
California 17,362,200 16,435,200 927,100 5.3%
United States(5) 141,815,000 135,073,000 6,742,000 4.8%
(~ Includes persons involved in labor-management trade disputes.
12) Includes all persons without jobs who are actively seeking work.
(3) The unemployment rate is computed from unrounded data; therefore, it may differ from rates computed from rounded
figures in this table.
(a) Not strictly comparable with data for prior years.
Source: California Employment Development Department, based on March 2001 benchmark and U.S. Department of Labor,
Bureau of Labor Statistics.
D-3
DOCSOC\922620v3\2224S.0138 /
San Diego Metropolitan Statistical Area ("MSA"), which includes Chula Vista, civilian labor force
and wage and salary employment figures for calendar years 1997 through 2001 are shown in the following
table. These figures are county-wide statistics and may not necessarily accurately reflect employment trends in
Chula Vista.
San Diego MSA
Civilian Labor Force, Employment and Unemployment
Annual Averages, March 2001 Benchmark
1997 1998 1999 2000 2001
Civilian Labor ForceIll 1,285,100 1,321,100 1,361,600 1,401,900 1,424,800
Employment 1,230,800 1,274,700 1,319,600 1,359,900 1,379,200
Unemployment 54,300 46,400 42,000 42,000 45,700
Unemployment Rate 4.2% 3.5% 3.1% 3.0% 3.2%
Wage & Salary Employmental
Total, All Industries 1,065,000 1,116,100 1,164,100 1,205,200 1,232,600
Agricultural, Forestry, and 10,800 10,600 11,200 11,400 11,000
Fisheries
Non-Agricultural 1,054,200 1,105,500 1,152,900 1,193,800 1,221,600
Mining 400 300 300 400 300
Construction 53,000 61,800 67,000 70,000 73,400
Manufacturing 123,100 127,600 128,100 129,200 130,600
Transportation & public utilities 41,600 47,000 51,300 50,800 52,000
Wholesale trade 45,600 48,300 50,300 51,000 50,300
Retail trade 198,400 201,100 206,100 217,100 220,800
Finance, insurance & real estate 60,900 65,300 68,700 69,500 70,800
Services 339,300 359,600 381,700 399,200 409,500
Government 192,000 194,500 199,300 206,600 213,900
Note: The "Total, All Industries" data is not directly comparable to the employment data found herein.
t~l Based on place ofresidence.
121 Based on place of work.
Source: State of California, Employment Development Department, San Diego MSA Annual Average Labor Force and
Industry Employment, March 2001 Benchmark.
D-4
DOCSOC\922620v3\22245.0138
The following listings set forth Chula Vista's Major Employers by Business Industrial/Office,
Government and Retail based industries:
Chula Vista's Major Employers
(Businesses with 150 or more Employees)
Business Industrial/Office
No. of
Name Type of Business Employees
BF Goodrich Aerospace Aerostructures Group Aerospace Manufacturer 2,075
Sharp Chula Vista Medical Center Hospital 800
Scripps Memorial Hospital Hospital 650
White Water Canyon Amusement Park 500
American Fashion lnc. Clothing Manufacturer 500
Sunrise Medical Inc. Medical Offices 450
Eco Building Systems Modular Building Manufacturer 210
American Manufacturing Concepts Clothing Manufacturer 200
Coastal Embroidery Specialty Manufacturer 200
Sharp Rees-Stealy Medical Group Medical Offices 200
Frcdericka Manor Care Center Day Care Service 200
MDI Interviewing Services Inc. Management Consulting Service 200
Pacific Waste Services Inc. Sanitary Waste Service 200
Hyspan Precision Products Inc. Fabricated Metal Manufacturer 200
Raytheon Systems Electrical Manufacturer 200
Fredericka Manor Retirement Community Elderly Care Facility 171
South Bay Community Services Social Service Agency 160
Crower Cams & Equipment Inc. Motor Vehicle Part Manufacturer 160
Navcare Hospital 150
Community Health Group Medical Offices 150
Government
No. of
Name Type of Business Employees
United States Border Patrol Government Agency 2,700
Southwestern Community College Community College 1,100
City of Chula Vista Municipal Government 825
Department of Social Services Social Service Agency 300
Sweetwater Union High School District Secondary School District 260
United States Postal Service Government Agency 150
Feaster Edison Charter School Elementary School 150
Chula Vista Elementary School District Elementary School District 150
Retail
No. of
Name Type of Business Employees
Sears Department Store 360
Price Costco General Merchandise 250
Macy's Department Store 250
Big Kmart General Merchandise 200
Fuller Honda Automotive Retailer 200
Target Stores General Merchandise 180
J C Penney Department Store 150
Vons Grocery Store 150
Fuller Ford Automotive Retailer 150
Source: City of Chula Vista
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DOCSOC\922620v3\22245.0138 / 0 '~' /¢/
Effective Buying Income
"Effective Buying Income" is defined as personal income less personal tax and nontax payments, a
number ot~en referred to as "disposable" or "alter-tax" income. Personal income is the aggregate of wages and
salaries, other than labor-related income (such as employer contributions to private pension funds), proprietor's
income, rental income (which includes imputed rental income of owner-occupants of non-farm dwellings),
dividends paid by corporations, interest income from all sources and transfer payments (such as pensions and
welfare assistance). Deducted from this total are personal taxes (federal, state and local, nontax payments,
fines, fees, penalties, etc.) and personal contributions to social insurance. According to U.S. government
definitions, the resultant figure is commonly known as "disposable personal income."
The followin~ table summarizes the total effective huvint~ income, the her eanita effective huvin~
income, the median household effective buvin~ income and nercent of households over $50.000 for
Chula Vista. the County and the State between 1997 and 2001.
Chula Vista, San Diego County and California
Effective Buying Income°l
Median
Effective Per Capita Household Percent of
Buyinga Effective Effective Households
Income~'J Buying Income Buying Income over $50,000
a 1997
Chula Vista $ 2,217,170 $13,762 $33,267
San Diego County 43,212,824 15,619 35,725 31.7
California 524,439,600 15,797 36,483 33.5
1998
Chula Vista $ 2,408,888 $14,187 $33,911 -~ Jl0-1 °~
San Diego County 46,056,143 16,101 36,296 32.8
California 551,999,317 16,299 37,091 34.6
1999
Chula Vista $ 2,629,899 $15,776 $37,725 -~ 3~-4%
San Diego County 49,907,828 17,270 39,213 37.4
California 590,376,663 17,245 39,492 38.3
2000
Chula Vista $ 2,959,674 $17,268 $42,550 a 41-6%
San Diego County 54,337,662 19,150 44,292 43.7
California 652,190,282 19,081 44,464 44.3
2001
Chula Vista $ 2:917:494 $16.128 ~42.22___...~9 39.1o/o
.~lan lBie~o Country -~-~.210.11~9 10.00~2 44.14~6 42.0
California 6-~0.521.407 18.6_~_._~2 43.53~2 41,9
(~} Not comparable with prior years. Effective Buying Income is now based on money income (which does not take into
account sale of property, taxes and social security paid, receipt of food stamps, etc.) versus personal income.
{2~ Dollars in thousands.
Source: "Survey of Buying Power," Sales & Marketing Management Magazine, dated 1997, 1998, 1999, 2000 and 2001.
Sales Taxes
The following table shows taxable transactions in Chula Vista by type of business during calendar
years 1996 through 2000. As indicated below, total retail sales for Chulh Vista in 1996 increased by
approximately 6.5% over the 1995 level, in 1997 increased by approximately 7.1% over the 1996 level, in
D-6
1998 increased by approximately 8.8% over the 1997 level, in 1999 increased approximately 10.3% over the
1998 level and in 2000 increased approximately 13% over the 1998 level.
A summary of historic taxable transactions for Chula Vista is shown in the following table.
City of Chnla Vista
Taxable Transactions
(Dollars in thousands)
1996 1997 1998 1999 2000
Apparel Stores Group $ 61,487 $ 64,979 $ 63,414 $ 61,758 $ 66,598
General Merchandise Stores 287,235 337,230 382,944 439,731 495,679
Drag Stores 23,220 (~)
Food Stores Group 72,388 81,503 81,006 85,662 90,487
Packaged Liquor Stores 5,948 (2) (2) (2) (2)
Eating and Drinking Group 121,494 126,357 131,661 142,329 155,583
Household Group/Home Fum. Appli. 43,600 47,004 55,856 61,923 66,365
Building Material Group 68,119 70,930 75,812 87,902 102,370
Automotive Group 92,235 89,986 107,808 126,304 145,923
Service Stations 101,821 103,994 88,570 95,546 121,244
Other Retail Stores 109,664 120,212 133~463 139,837 157,152
Retail Stores Total $ 987,211 $1,042,195 $1,120,534 $1,240,992 $1,401,401
All Other Outlets 145,881 171,228 199,661 215,396 206,889
Total Ail Outlets $ I_. 133:0~2 $1.213.42~3 $1.320~.~ ! 9~5 $_1:456.388 $1.608:29~
(~) Included in General Merchandise Stores.
12) Included in Eating and Drinking Group.
Source: State Board of Equalization.
Education
Public educational instruction from kindergarten through high school is provided by the Chula Vista
Elementary School District and Sweetwater Union High School District. These districts administer twenty-six
elementary schools, nine junior high schools and eight senior high schools. Southwestern College, a two year
Community College, has an enrollment of more than 15,000. There are also four adult education schools and
twelve private schools. There are seven universities or colleges within 30 minutes commuting distance from
Chula Vista in the San Diego Metropolitan Area. Chula Vista has proposed a University of California campus
in Chula Vista, to be located on a 400 acre site adjoining the Olympic Training Center.
Community Facilities
There are two acute-care hospitals, two psychiatric hospitals and three convalescent hospitals, and
more than 400 medical doctors and allied professionals in Chula Vista.
There are two daily, one weekly and one semi-weekly newspapers published and circulated in Chula
Vista. Chula Vista has one main public library and two branch libraries.
Recreational facilities within or near Chula Vista include twenty-four parks, four community centers,
six "tot lots," two ball fields, twenty-eight tennis courts, three golf courses, four municipal swimming pools,
two gymnasiums and boat launching facilities. Chula Vista's bayfront area contains a marina which houses
552 boats and miles of public beaches. Chula Vista also provides many trails for bicycling, hiking and
jogging.
Chula Vista is also the home of the United States Olympic Training Center. This is the third such
training center in the nation and the only year round training facility. The center is located on a 150-acre site
donated by EastLake Development Company adjacent to the Otay Lake reservoir.
Chula Vista has more than sixty churches and nearly 100 service, fraternal and civic organizations.
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DOCSOC\922620v3~22245.0138
Transportation
U.S. Highways 5 (along the coast) and 805 (inland) provide full freeway access from Chula Vista
north to San Diego and south to the Mexican boarder. Commuter rail service is provided by the San Diego
Trolley, a light rail system started in 1981 and eleven bus routes serve Chula Vista.
Daily bus connections serve Chula Vista, and Southern Pacific Railway and San Diego's Lindbergh
Imemational Airport are fifteen minutes to the north of Chula Vista.
Utilities
Electric power and natural gas are provided by San Diego Gas and Electric. Pacific Bell provides
telephone service to the area. Otay Water District and Sweetwater Water District provide water service and
Chula Vista provides sewer service.
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DOCSOC\922620v3\22245.0138 ~ ~
APPENDIX E
SUMMARY OF INDENTURE
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DOCSOC\922620v3\22245.0138
APPENDIX F
CONTINUING DISCLOSURE AGREEMENT OF THE DISTRICT
This Continuing Disclosure Agreement dated as of ,2002 (the "Disclosure
Agreement") is executed and delivered by the City of Chula Vista Community Facilities District
No. 06-1 (Eastlake - -~ Woods. Vistas and -~ l.,alld_S3~l~ (the "Issuer") and U.S. Bank, N.A., as
fiscal agent (the "Fiscal Agent") and as dissemination agent (the "Dissemination Agent"), in
connection with the issuance and delivery by the Issuer of its $ 2002 Improvement
Area A Special Tax Bonds (the "Bonds"). The Bonds are being issued pursuant to an Indenture,
dated as of ,2002 (the "Indenture"), by and between the Issuer and the Fiscal Agent.
The Issuer, the Fiscal Agent and the Dissemination Agent covenant as follows:
SECTION 1. Purpose of the Disclosure Agreement. This Disclosure Agreement is being
executed and delivered by the Issuer, the Fiscal Agent and the Dissemination Agent, for the benefit
of the Owners and Beneficial Owners of the Bonds and in order to assist the Participating
Underwriter in complying with the Rule.
SECTION 2. Definitions. In addition to the definitions set forth in the Indenture, which
apply to any capitalized term used in this Disclosure Agreement unless otherwise defined in this
Section, the following capitalized terms shall have the following meanings:
"Annual Report" shall mean any Annual Report provided by the Issuer pursuant to, and as
described in, Sections 3 and 4 of this Disclosure Agreement.
"Beneficial Owner" shall mean any person which (a) has the power, directly or indirectly, to
vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding
Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any
Bonds for federal income purposes.
"Disclosure Representative" shall mean the Director of Finance of the City of Chula Vista or
his or her designee, or such other officer or employee as the Issuer shall designate in writing to the
Dissemination Agent from time to time.
"Dissemination Agent" shall mean, initially, U.S. Bank, N.A., acting in its capacity as
Dissemination Agent hereunder, or any successor Dissemination Agent designed in writing by the
Issuer and which has been filed with the then current Dissemination Agent a written acceptance of
such designation.
"Listed Events" shall mean any of the events listed in Section 5(a) of this Disclosure
Agreement.
"National Repository" shall mean any Nationally Recognized Municipal Securities
Information Repository for purpose of the Rule.
"Official Statement" shall mean the Official Statement, dated ,2002 relating
to the Bonds.
"Participating Underwriter" shall mean Stone & Youngberg LLC, whose address for
purposes of this Agreement is 50 California Street, Suite 3500, San Francisco, California 94111,
Attention: Research Department.
DOCSOC\922620v3\22245.0138
"Repository" shall mean each National Repository and each State Repository.
"Rule" shall mean Rule 15c2-12(b)(5) adopted by the Securities and Exchange Commission
under the Securities Exchange Act of 1934; as the same may be amended from time to time.
"State Repository" shall mean any public or private repository or entity designated by the
State of California as a state repository for the purpose of the Rule and recognized as such by the
Securities and Exchange Commission. As of the date of this Disclosure Agreement, there is no State
Repository.
"Tax-exempt" shall mean that interest on the Bonds is excluded from gross income for
federal income tax purposes, whether or not such interest is includable as an item of tax preferences
or otherwise includable directly or indirectly for purposes of calculating any other tax liability,
including any alternative minimum tax or environmental tax.
SECTION 3. Provision of Annual Reports.
(a) The Issuer shall, or shall cause the Dissemination Agent by written direction to such
Dissemination Agent to, not later than February 1 after the end of the Issuer's fiscal year (which
currently ends on June 30), commencing with the report due by February 1, -~ 2004, provide to each
Repository and the Participating Underwriter an Annual Report which is consistent with the
requirements of Section 4 of this Disclosure Agreement. The Annual Report may be submitted as a
single document or as separate documents comprising a package, and may include by reference other
information as provided in Section 4 of this Disclosure Agreement; provided that the audited
financial statements of the Issuer may be submitted separately from and later than the balance of the
Annual Report if they are not available by the date required above for the filing of the Annual
Report.
An Annual Report shall be provided at least annually notwithstanding any fiscal year
longer than 12 calendar months. The Issuer's fiscal year is currently effective from July 1 to the
immediately succeeding June 30 of the following year. The Issuer will promptly notify each
Repository or the Municipal Securities Rulemaking Board and, in either case, the Fiscal Agent and
the Dissemination Agent ora change in the fiscal year dates.
(b) Not later than fifteen (15) Business Days prior to the date specified in subsection (a)
for providing the Annual Report to Repositories, the Issuer shall provide the Annual Report to the
Dissemination Agent and the Fiscal Agent (if the Fiscal Agent is not the Dissemination~Agent). If by
fifteen (15) Business Days prior to such date the Fiscal Agent has not received a copy of the Annual
Report, the Fiscal Agent shall contact the Issuer and the Dissemination Agent to determine if the
Issuer is in compliance with subsection (a). The Issuer shall provide a written certification with each
Annual Report furnished to the Dissemination Agent and the Fiscal Agent to the effect that such
Annual Report constitutes the Annual Report required to be furnished by it hereunder. The
Dissemination Agent and Fiscal Agent may conclusively rely upon such certification of the issuer
and shall have no duty or obligation to review such Annual Report.
(c) If the Dissemination Agent is unable to verify that an Annual Report has been
provided to Repositories by the date required in subsection (a), the Dissemination Agent shall send a
notice to each Repository, in substantially the form attached as Exhibit A.
F-2
DOCSOC\922620v3\22245.0138
/0-/¢7
(d) The Dissemination Agent shall:
(i) determine each year prior to the date for providing the Annual Report the
name and address of each National Repository and each State Repository, if any; and
(ii) promptly after receipt of the Annual Report, file a report with the Issuer and
(if the Dissemination Agent is not the Fiscal Agent) the Fiscal Agent certifying that the
Annual Report has been provided pursuant to this Disclosure Agreement, stating the date it
was provided and listing all the Repositories to which it was provided.
SECTION 4. Content of Annual Reports. The initial Annual Report due by February 1,
2003 shall include only a copy of the Official Statement and the audited financial statements of the
Issuer described in Section 4(a) below. Thereafter, the Issuer's Annual Report shall contain or
include by reference:
(a) Financial Statements. The audited financial statements of the Issuer for the most
recent fiscal year of the Issuer then ended. If the Issuer prepares audited financial statement and if
the audited financial statements are not available by the time the Annual Report is required to be
filed, the Annual Report shall contain any unaudited financial statements of the Issuer in a format
similar to the financial statements, and the audited financial statements shall be filed in the same
manner as the Annual Report when they become available. Audited financial statements of the
Issuer shall be audited by such auditor as shall then be required or permitted by State law or the
Indenture. Audited financial statements, if prepared by the Issuer, shall be prepared in accordance
with generally accepted accounting principles as prescribed for governmental units by the
Governmental Accounting Standards Board; provided, however, that the Issuer may from time to
time, if required by federal or state legal requirements, modify the basis upon which its financial
statements are prepared. In the event that the Issuer shall modify the basis upon which its financial
statements are prepared, the Issuer shall provide a notice of such modification to each Repository,
including a reference to the specific federal or state law or regulation specifically describing the legal
requirements for the change in accounting basis.
(b) Financial and Operating Data. The Annual Report shall contain or incorporate by
reference the following information:
(i) the principal amount of Bonds outstanding as of the September 2 preceding
the filing of the Annual Report;
(ii) the balance in each fund under the Indenture and the Reserve Requirement as
of the September 2 preceding the filing of the Annual Report;
(iii) an update on the status of construction of the public improvements to be
constructed with the proceeds of the Bonds, which shall include an update of Table 1 in the
Official Statement;
(iv) any changes to the Rate and Method of Apportionment of the Special Taxes
approved or submitted to the qualified electors for approval prior to the filing of the Annual
Report and a description of any parcels for which the Special Taxes have been prepaid in the
Fiscal Year for which the Annual Report is being prepared;
(v) an update of the estimated assessed value-to-lien ratios within the District
substantially in the form of Table 6 in the Official Statement based upon the most recent
Special Tax levy preceding the date of the Annual Report and on the assessed values of
F-3
DOCSOC\922620v3L22245.0138 /~)~/ ¢~
property for the current fiscal year; provided, however, that all parcels which constitute
Developed Property may be grouped as a single category;
(vi) an update of Table 2 in the Official Statement, including a list of all taxpayers
within the District which own property in the District upon which 5% or more of the total
Special Taxes for the current fiscal year have been levied, and a statement as to whether any
of such taxpayers is delinquent in the payment of Special Taxes;
(vii) any event known to the Issuer which reduces or slows the number of
residential units permitted to be constructed within the District or which results in a
moratorium on future building within the District;
(viii) the status of any foreclosure actions being pursued by the Issuer with respect
to delinquent Special Taxes;
(ix) the total Special Taxes levied and the total Special Taxes collected for the
prior fiscal year and the total Special Taxes that remain unpaid for each prior fiscal year in
which Special Taxes were levied; and
(x) any information not already included under (i) through (ix) above that the
Issuer is required to file in its annual report to the California Debt and Investment Advisory
Commission pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982,
as amended.
(c) Any or all of the items listed in (a) or (b) above may be included by specific reference
to other documents, including official statements of debt issues of the Issuer or related public entities,
which have been submitted to each of the Repositories or the Securities and Exchange Commission.
If the document included by reference is a final official statement, it must be available from the
Municipal Securities Rulemaking Board. The Issuer shall clearly identify each such other document
so included by reference.
SECTION 5. Reporting of Significant Events.
(a) Pursuant to the provisions of this Section 5, the Issuer shall give, or cause to be given,
notice of the occurrence of any of the following events with respect to the Bonds, if material:
(1) principal and interest payment Delinquencies.
(2) an event of default under the Indenture other than as described in (1)
above.
(3) unscheduled draws on the Reserve Fund reflecting financial
difficulties.
(4) unscheduled draws on any credit enhancements securing the Bonds
reflecting financial difficulties.
(5) any change in the provider of any letter of credit or any municipal
bond insurance policy securing the Bonds or any failure by the providers of
such letters of credit or municipal bond insurance policies to perform on the
letter of credit or municipal bond insurance policy.
F-4
DOCSOC\922620v3\22245.0138 /~ _ t¢(~
(6) adverse tax opinions or events adversely affecting the tax-exempt
status of the Bonds.
(7) modifications to the rights of Bond Owners.
(8) unscheduled redemption of any Bond.
(9) defeasances.
(10) any release, substitution, or sale of property securing repayment of the
Bonds.
( 11 ) rating changes.
(b) The Fiscal Agent shall, promptly upon the obtaining actual knowledge of the
occurrence of any of the Listed Events, contact the Issuer pursuant to the Indenture, inform such
person of the event, and request that the Issuer promptly notify the Dissemination Agent in writing
whether or not to report the event pursuant to subsection (f). For purposes of this Disclosure
Agreement, "actual knowledge" of the occurrence of such Listed Events shall mean actual
knowledge by the officer at the corporate trust office of the Fiscal Agent with regular responsibility
for the administration of matters related to the Indenture.
(c) Whenever the issuer obtains knowledge of the occurrence of a Listed Event, whether
because of a notice from the Fiscal Agent pursuant to subsection (b) or otherwise, the Issuer shall as
soon as possible determine if such event would be material under applicable federal securities laws.
(d) If the Issuer has determined that knowledge of the occurrence of a Listed Event
would be material under applicable federal securities laws, the Issuer shall promptly notify the
Dissemination Agent in writing. Such notice shall instruct the Dissemination Agent to report the
occurrence pursuant to subsection (f).
(e) If in response to a request under subsection (b), the Issuer determines that the Listed
Event would not be material under applicable federal securities laws, the Issuer shall so notify the
Dissemination Agent in writing and instruct the Dissemination Agent not to report the occurrence
pursuant to subsection (f).
(f) If the Dissemination Agent has been instructed by the Issuer to report the occurrence
of a Listed Event, the Dissemination Agent shall file a notice of such occurrence with (i)the
Municipal Securities Rulemaking Board or (ii) each National Repository, and in either case, to each
State Repository. Notwithstanding the foregoing, notice of Listed Events described in subsections
(a)(8) and (9) need not be given under this subsection any earlier than the notice (if any) of the
underlying event is given to Owners of affected Bonds pursuant to the Indenture. In each case of the
Listed Event, the Dissemination Agent shall not be obligated to file a notice as required in this
subsection (f) prior to the occurrence of such Listed Event.
(g) The Issuer hereby agrees that the undertaking set forth in this Disclosure Agreement
is the responsibility of the Issuer and that the Fiscal Agent or the Dissemination Agent shall not be
responsible for determining whether the Issuer's instructions to the Dissemination Agent under this
Section 5 comply with the requirements of the Rule.
SECTION 6. Termination of Reporting Obligation. The obligation of the Issuer, the Fiscal
Agent and the Dissemination Agent under this Disclosure Agreement shall terminate upon the legal
F-5
DOCSOC\922620v3\22245.0138
defeasance, prior redemption or payment in full of all of the Bonds. If such termination occurs prior
to the final maturity of the Bonds, the Issuer shall give notice of such termination in the same manner
as for a Listed Event under Section 5.
SECTION 7. Dissemination Agent. The Issuer may, from time to time, appoint or engage a
Dissemination Agent to assist it in carrying out its obligations under the Disclosure Agreement, and
may discharge any such Dissemination Agent, with or without appointing a successor Dissemination
Agent. If at any time there is not any other designated Dissemination Agent, the Fiscal Agent shall
be the Dissemination Agent. The initial Dissemination Agent shall be U.S. Bank, N.A.. The
Dissemination Agent may resign by providing (i)thirty days written notice to the Issuer and the
Fiscal Agent and (ii) upon appointment of a new Dissemination Agent hereunder.
SECTION 8. Amendment. (a) This Disclosure Amendment may be amended, by written
agreement of the parties, without the consent of the Owners, if all of the following conditions are
satisfied: (1) such amendment is made in connection with a change in circumstances that arises from
a c.han, ge in legal (including regulatory) requirements, a change in law (including roles or regulations)
or in interpretations thereof, or a change in the identity, nature or status of the Issuer or the type of
business conducted thereby, (2) this Disclosure Agreement as so amended would have complied with
the requirements of the Rule as of the date of this Disclosure Agreement, after taking into account
any amendments or interpretations of the Rule, as well as any change in circumstances, (3) the Issuer
shall have delivered to the Fiscal Agent an opinion of a nationally recognized bond counsel or
counsel expert in federal securities laws, addressed to the Issuer and the Fiscal Agent, to the same
effect as set forth in clause (2) above, (4) the Issuer shall have delivered to the Dissemination Agent
an opinion of nationally recognized bond counsel or counsel expert in federal securities laws,
addressed to the Issuer, to the effect that the amendment does not materially impair the interests of
the Owners or Beneficial Owners, and (5) the Issuer shall have delivered copies of such opinion and
amendment to each Repository.
(b) This Disclosure Agreement may be amended, by written agreement of the parties,
upon obtaining consent of Owners in the same manner as provided in the Indenture for amendments
to the Indenture with the consent of the Owners of the Bonds, provided that the conditions set forth in
Section 8(a)(1), (2) and (3) have been satisfied.
(c) To the extent any amendment to this Disclosure Agreement results in a change in the
type of financial information or operating data provided pursuant to this Disclosure Agreement, the
first Annual Report provided thereafter shall include a narrative explanation of the reasons for the
amendment and the impact of the change.
(d) If an amendment is made to the basis on which financial statements are prepared, the
Annual Report for the year in which the change is made shall present a comparison between the
financial statements or information prepared on the basis of the new accounting principles and those
prepared on the basis of the former accounting principles. Such comparison shall include a
quantitative and, to the extent reasonably feasible, qualitative discussion of the differences in the
accounting principles and the impact of the change in the accounting principles on the presentation of
the f~nancial information.
SECTION 9. Additional Information. Nothing in this Disclosure Agreement shall be
deemed to prevent the Issuer from disseminating any other information, using the means of
dissemination set forth in this Disclosure Agreement or any other means of communication, or
including any other information in any Annual Report or notice of occurrence of a Listed Event, in
addition to that which is required by this Disclosure Agreement. If the Issuer chooses to include any
information in any Annual Report or notice of occurrence of a Listed Event in addition to that which
F-6
DOCSOC\922620v3\22245.0138
is specifically required by this Disclosure Agreement, the Issuer shall have no obligation under this
Agreement to update such information or include it in any future Annual Report or notice if
occurrence of a Listed Event.
The Issuer acknowledges and understands that other state and federal laws, including but not
limited to the Securities Act of 1933 and Rule 10b-5 promulgated under the Securities Exchange Act
of 1934, may apply to the Issuer, and that under some circumstances compliance with this Disclosure
Agreement, without additional disclosures or other action, may not fully discharge all duties and
obligations of the Issuer under such laws.
SECTION 10. Default. In the even~ of a failure of the Issuer or the Dissemination Agent to
comply with any provision of this Disclosure Agreement, the Participating Underwriter or any
Owner or Beneficial Owner of the Bonds may take such actions as may be necessary and appropriate,
including seeking mandate or specific performance by court order, to cause the Issuer to comply with
its obligations under this Disclosure Agreement. A default under this Disclosure Agreement shall not
be deemed an Event of Default under the Indenture, and the sole remedy under this Disclosure
Agreement in the event of any failure of the Issuer or the Fiscal Agent to comply with this Disclosure
Agreement shall be an action to compel performance.
SECTION 11. Duties, Immunities and Liabilities of Fiscal Agent and Dissemination Agent.
Article VII of the Indenture is hereby made applicable to this Disclosure Agreement as if this
Disclosure Agreement were (solely for this purpose) contained in the Indenture and the
Dissemination Agent and the Fiscal Agent shall be entitled to the same protections, limitations from
liability and indemnification hereunder as are afforded the Fiscal Agent thereunder. The
Dissemination Agent and the Fiscal Agent shall have only such duties as are specifically set forth in
this Disclosure Agreement, and the Issuer agrees to indemnify and save the Dissemination Agent and
the Fiscal Agent and their respective officers, directors, employees and agents, harmless against any
loss, expense and liabilities which they may incur arising out of or in the exercise or performance of
their powers and duties hereunder, including the costs and expenses (including attorneys fees) of
defending against any claim of liability, but excluding liabilities due to the Dissemination Agent's or
the Fiscal Agent's respective negligence or willful misconduct. The Dissemination Agent shall be
paid compensation by the Issuer for its services provided hereunder in accordance with its schedule
of fees as amended from time to time and all expenses, legal fees and advances made or incurred by
the Dissemination Agent in the performance of its duties hereunder. The Dissemination Agent and
the Fiscal Agent shall have no duty or obligation to review any information provided to them
hereunder. The obligations of the Issuer under this Section shall survive resignation or removal of
the Dissemination Agent and Fiscal Agent and payment of the Bonds. No person shall have any
right to commence any action against the Fiscal Agent or the Dissemination Agent seeking any
remedy other than to compel specific performance of this Disclosure Agreement. The Dissemination
Agent and the Fiscal Agent shall not be liable under any circumstances for monetary damages to any
person for any breach under this Disclosure Agreement.
SECTION 12. Beneficiaries. This Disclosure Agreement shall inure solely to the benefit of
the Issuer, the Fiscal Agent, the Dissemination Agent, the Participating Underwriter and Owners and
Beneficial Owners from time to time of the Bonds, and shall create no rights in any other person or
entity.
F-7
DOCSOC~922620v3~22245.0138 /0 ~' /'~
SECTION 13. Notices. Notices should be sent in writing to the following addresses. The
following information may be conclusively relied upon until changed in writing.
Disclosure Representative: Director of Finance
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
Dissemination Agent and U.S. Bank, N.A.
Fiscal Agent: 550 South Hope Street, Suite 500
Los Angeles, California 90071
Attention: Corporate Trust Department
SECTION 14. Counterparts. This Disclosure Agreement may be executed in several
counterparts, each of which shall be an original and all of which shall constitute but one and the same
instrument.
CITY OF CHULA VISTA COMMUNITY
FACILITIES DISTRICT NO. 06-I (EASTLAKE -
WOODSdf2kSI~ AND -~
By:
Director of Finance
U.S. BANK, N.A., as Fiscal Agent and Dissemination
Agent
By:
Authorized Officer
F~8
DOCSOC\922620v3~22245.0138
EXHIBIT A
NOTICE TO REPOSITORIES OF FAILURE TO FILE ANNUAL REPORT
Name of Issuer: City of Chula Vista Community Facilities District No. 06-I (Eastlake - ~-
Woods. Vistas and ~- ~
Name of Bond Issue: City of Chula Vista Community Facilities District No. 06-I (Eastlake - -~
Woods. Vistas and -~ ~ $ 2002 Improvement Area A
Special Tax Bonds
Date of Issuance: ., 2002
NOTICE IS HEREBY GIVEN that the City of Chula Vista Community Facilities District
No. 06-I (Eastlake - -~ Woods.. Vistas and -~ ~ located in the City of Chula Vista,
California (the "District") has not provided an Annual Report with respect to the above-named Bonds
as required by Section 3 of the Continuing Disclosure Agreement, dated as of ,2002,
by and between the District and U.S. Bank, N.A., as fiscal agent and dissemination agent. [The
District anticipates that the Annual Report will be filed by .]
Dated:
U.S. Bank, N.A., as Dissemination Agent
cc: City of Chula Vista
Stone & Youngberg LLC
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DOCSOC\922620v3\22245.0,38
APPENDIX G
CONTINUING DISCLOSURE AGREEMENT OF THE DEVELOPER
This Continuing Disclosure Agreement (the "Disclosure Agreement") dated as of
,2002 is executed and delivered by The EastLake Company, LLC (the "Developer"),
and U.S. Bank, N.A., as fiscal agent (the "Fiscal Agent") and as dissemination agent (the
"Dissemination Agent"), in connection with the execution and delivery by City of Chula Vista
Community Facilities District No. 06-I (Eastlake - -~ Woods~ Vistas and a Lan~ (the
"District") $ aggregate principal amount of its City of Chula Vista Community Facilities
District No. 06-I (Eastlake - -~ Woods._~_Vistas and a ~ 2002 Improvement Area A Special
Tax Bonds (the "Bonds"). The Bonds are being executed and delivered pursuant to an Indenture
dated as of 1, 2002 by and between the District and U.S. Bank, N.A., as Fiscal Agent
(the "Agreement"). The Developer covenants and agrees as follows:
SECTION 1. Purpose of the Disclosure Agreement. This Disclosure Agreement is being
executed and delivered by the Developer for the benefit of the Bondowners and Beneficial Owners
and in order to assist the Participating Underwriter in complying with S.E.C. Rule 15c2-12(b)(5).
This Disclosure Agreement does not address additional undertakings, if any, by or with respect to
persons other than the Developer who may be considered obligated persons or purposes of the Rule,
which additional undertakings, if any, may be required for the Participating Underwriter to comply
with the Rule.
SECTION 2. Definitions. In addition to the definitions set forth in the Agreement, which
apply to any capitalized term used in this Disclosure Agreement unless otherwise defined in this
Section, the following capitalized terms shall have the following meanings:
"Affiliate" shall mean, with respect to any Person, (a) each Person that, directly or indirectly,
owns or controls, whether beneficially or as an agent, guardian or other fiduciary, twenty-five percent
(25%) or more of any class of Equity Securities of such Person, (b) each Person that controls, is
controlled by or is under common control with such Person, or (c) each of such Person's executive
officers, directors, joint venturers and general partners; provided, however, that in no case shall the
District be deemed to be an Affiliate of the Developer for purposes of this Agreement. For the
purpose of this definition, "control" of a Person shall mean the possession, directly or indirectly, of
the power to direct or cause the direction of its management or policies, whether through the
ownership of voting securities, by contract or otherwise.
"Beneficial Owner" shall mean any person which has or shares the power, directly or
indirectly, to make investment decisions concerning ownership of the Bonds (including persons
holding Bonds through nominees, depositories or other intermediaries).
"Dissemination Agent" shall mean U.S. Bank, N.A., acting in its capacity as Dissemination
Agent hereunder, or any successor Dissemination Agent designated in writing by the Developer and
which has filed with the Developer and the City a written acceptance of such designation.
"District" shall mean City of Chula Vista Community Facilities District No. 06-I (Eastlake
-~ Woods. Vistas and -~ ~.
"Equity Securities" of any Person shall mean (a)al.1 common stock, preferred stock,
participations, shares, general partnership interests or other equity interests in and of such person
G~I
DOCSOC\922620v3,22245.0138 / ~ . / ~.~.~.~.
(regardless of how designated and whether or not voting or non-voting) and (b) all warrants, options
and other rights to acquire any of the foregoing.
"Fiscal Year" shall mean the period beginning on July I of each year and ending on the next
succeeding June 30.
"Government Authority" shall mean any national, state or local government, any political
subdivision thereof, any department, agency, authority or bureau of any of the foregoing, or any other
Person exercising executive, legislative, judicial, regulatory or administrative functions of or
pertaining to government.
"Improvement Area A" means Improvement Area A of the District.
"Listed Event" shall mean any of the events listed in Section 5(a) of this Disclosure
Agreement.
"National Repository" shall mean any Nationally Recognized Municipal Securities
Information Repository for purposes of the Rule.
"Official Statement" shall mean the Official Statement, dated ,2002, relating
to the Bonds.
"Participating Underwriter" shall mean Stone & Youngberg LLC, the original underwriter of
the Bonds, whose address for purposes of this Agreement is 50 California Street, Suite 3500, San
Francisco, California 94111, Attention: Research Department, and any other underwriting firm that
provides written notice to the Developer that it is required to comply with the Rule in connection
with the offering of the Bonds.
"Person" shall mean any natural person, corporation, limited liability company, parmership,
firm, association, Government Authority or any other Person whether acting in an individual
fiduciary, or other capacity.
"Repository" shall mean each National Repository and the State Repository.
"Rule" shall mean Rule 15c2-12(b)(5) adopted by the Securities and Exchange Commission
under the Securities Exchange Act of 1934, as the same may be amended from time to time.
"Semi-Annual Report" shall mean any Semi-Annual Report provided by the Developer
pursuant to, and as described in, Sections 3 and 4 of this Disclosure Agreement.
"State" shall mean the State of California.
"State Repository" shall mean any public or private repository or entity designed by the State
as a state repository for the purpose of the Rule and recognized as such by the Securities and
Exchange Commission. As of the date of this Disclosure Agreement, there is no State Repository.
SECTION 3. Provision of Annual Reports.
(a) The Developer shall, or shall cause the Dissemination Agent to, not later than
February 1 and August 1 of each year, commencing a AIIglIsLt, 2003, provide to each Repository,
the District and to Stone & Youngberg LLC a Semi-Annual Report which is consistent with the
requirements of Section 4 of this Disclosure Agreement. The Semi-Annual Report may be submitted
as a single document or as separate documents comprising a package, and may include by reference
G-2
other information as provided in Section 4 of this Disclosure Agreement provided that the audited
financial statements, if any, of the Developer may be submitted separately from the balance of the
Semi-Annual Report and later than the date required for the filing of the Semi-Annual Report if they
am not available by that date.
(b) Not later than fifteen (15) Business Days prior to the date specified in subsection (a)
for providing the Semi-Annual Report to Repositories, the Developer shall provide the Semi~Annual
Report to the Dissemination Agent or shall provide notification to the Dissemination Agent that the
Developer is preparing, or causing to be prepared, the Semi-Annual Report and the date which the
Semi-Annual Report is expected to be available. If by such date, the Dissemination Agent has not
received a copy of the Semi-Annual Report or notification as described in the preceding sentence, the
Dissemination Agent shall contact the Developer to determine if the Developer is in compliance with
the first sentence of this subsection (b).
(c) If the Dissemination Agent is unable to provide a Semi-Annual Report to
Repositories by the date required in subsection (a) or to verify that a Semi-Annual Report has been
provided to Repositories by the date required in subsection (a), the Dissemination Agent shall send a
notice to each Repository in substantially the form attached as Exhibit A.
(d) The Dissemination Agent shall:
(i) determine each year prior to the date for providing the Semi-Annual Report
the name and address of each National Repository and the State Repository, if any; and
(ii) file a report with the Developer and the District certifying that the Semi-
Annual Report has been provided pursuant to this Disclosure Agreement, stating the date it
was provided and listing all the Repositories to which it was provided.
SECTION 4. Content of Semi-Annual Report. The Developer's Semi-Annual Report shall
contain or include by reference the information which is available as of January 1 and July 1 of each
year, as applicable, relating to the following:
a. An update to the section in the Official Statement entitled "THE DEVELOPMENT
AND PROPERTY OWNERSHIP" (excluding the subsections entitled "Appraisal"
and "Market Absorption Study") including an update of the tables therein and a
discussion of the sources of funds to finance development relating to its property
within Improvement Area A, and whether any material defaults exist under any loan
arrangement related to such financing.
b. A summary of development activity within Improvement Area A, including the
number of parcels for which building permits have been issued, the number of parcels
for which certificates of occupancy have been issued, the number of parcels for which
sales have closed, and land or lot sales including the amount of land or lots sold and
the name of the purchaser of lots to be developed.
c. Status of any material governmentally-imposed preconditions for commencement or
continuation of development of the undeveloped parcels within Improvement Area A
known to the Developer.
d. Status of any material legislative, administrative and judicial challenges known to the
Developer to or affecting the construction of the development or the time for
construction of any public or private improvements to be made by the Developer or
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DOCSOC\922620v3X22245.0138
lo t
any of its Affiliates within Improvement Area A, other than the public improvements
described in (e) below (the "Developer Improvements").
e. Status of completion of the public improvements financed by the Bonds and any
material legislative, administrative and judicial challenges known to the Developer to
or affecting the construction of such public improvements (the "District
Improvements").
f. Any material amendments to land use entitlements or Sneeial Tax exemntion status
with respect to ,x parcels within Improvement Area A that are known to the
Developer, including -~ID an update of the total acres subject to the levy of Special
Taxes if the amendment affects the total number of acres subject to the levy of the
Special Taxers become exemnt from the
g. Until such time as the Developer and its Affiliates no longer own land within
Improvement Area A which is responsible for 20% or more of the annual Special Tax
levy, unaudited financial statements of the Developer and its Affiliates owning land
within Improvement Area A and, if prepared, audited financial statements of each of
such entities for its most recently completed fiscal year (which currently ends on each
December 31), prepared in accordance with generally accepted accounting principles
as promulgated to apply to private entities from time to time by the Financial
Accounting Standards Board. If the Developer has audited financial statements
prepared and the audi.ted financial statements are not available by the time the Semi-
Annual Report is required to be filed pursuant to Section 3Ia), the Semi-Annual
Report shall contain unaudited financial statements in a format similar to the financial
statements for the preceding year, and the audited financial statements shall be filed
in the same manner as the Semi-Annual Report when they become available. The
Developer need only provide audited or unaudited data once per year.
h. The filing of any lawsuit against the Developer or otherwise known to the Developer
which will materially adversely affect the completion of the District Improvements,
the Developer Improvements or the development of undeveloped parcels within
Improvement Area A, or litigation which would materially adversely affect the
financial condition of the Developer or its Affiliates that own property within
Improvement Area A.
i. Material payment default by the Developer on any loan of the Developer (whether or
not such loan is secured by property within the District) which is beyond any
applicable cure period in such loan.
Any and all of the items listed above may be included by specific reference to other
documents, including official statements of debt issues which have been submitted to each of the
Repositories or the Securities and Exchange Commission. If the document included by reference is a
final official statement, it must be available from the Municipal Securities Rulemaking Board. The
Developer shall clearly identify each such other document so included by reference.
G-4
SECTION 5. Reporting of Significant Events.
(a) Pursuant to the provisions of this Section 5, the Developer shall give, or cause to be
given, notice of the occurrence of any of the following events with respect to the Bonds, if material
under clauses (b) and (c):
1. Failure to pay any real property taxes, special taxes or assessments (including
any assessment installment) levied within Improvement Area A on a parcel owned by the
Developer or any of its Affiliates;
2. Material payment default by the Developer or any Affiliate on any loan
secured by property within Improvement Area A owned by the Developer or any of its
Affiliates which is beyond any applicable cure period in such loan;
3. The filing of any proceedings with respect to the Developer or any of its
Affiliates, in which the Developer or any of its Affiliates that own property within
Improvement Area A may be adjudicated as bankrupt or discharged from any or all of their
respective debts or obligations or granted an extension of time to pay debts or a
reorganization or readjustment of debts; and
(b) Whenever the Developer obtains knowledge of the occurrence of a Listed Event, the
Developer shall as soon as possible determine if such event would be material under applicable
federal securities laws.
(c) If the Developer determines that knowledge of the occurrence of a Listed Event
would be material under applicable federal securities laws, the Developer shall promptly file a notice
of such occurrence with the Dissemination Agent which shall then distribute such notice to the
Municipal Securities Rulemaking Board and each State Repository, with a copy to the District and
the Participating Underwriter.
SECTION 6. Termination of Reporting Obligation. The Developer's obligations under this
Disclosure Agreement shall terminate upon any of the following events:
(a) the legal defeasance, prior redemption or payment in full of all of the Bonds,
(b) if as of the date for filing the Semi-Annual Report the Developer and its Affiliates
own property within Improvement Area A which is responsible for less than twenty percent (20%) of
the Special Taxes levied in the Fiscal Year for which the Semi-Annual Report is being prepared, and
the Developer Improvements and any District Improvements to be constructed by the Developer have
been completed, or
(c) upon the delivery by the Developer to the District and the Participating Underwriter
of an opinion of nationally recognized bond counsel to the effect that the information required by this
Disclosure Agreement is no longer required. Such opinion shall be based on information publicly
provided by the Securities and Exchange Commission or a private letter ruling obtained by the
Developer or a private letter ruling obtained by a similar entity to the Developer. If such termination
occurs prior to the final maturity of the Bonds, the Developer shall give notice of such termination in
the same manner as for a Semi-Annual Report hereunder.
SECTION 7. Dissemination Agent. The Developer may from time to time, appoint or
engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure
Agreement, and may discharge any such Dissemination Agent, with or without appointing a
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DOCSOC~922620v3\22245.0138 ? ~
successor Dissemination Agent. If the Dissemination Agent is not the Developer, the Dissemination
Agent shall not be responsible in any manner for the content of any notice or report prepared by the
Developer pursuant to this Disclosure Agreement. The Developer has initially appointed U.S. Bank,
N.A. as the Dissemination Agent hereunder.
SECTION 8. Amendment; Waiver. Notwithstanding any other provision of this Disclosure
Agreement, the Developer may amend this Disclosure Agreement, and any provision of this
Disclosure Agreement may be waived, provided that the following conditions are satisfied:
(a) If the amendment or waiver relates to the provisions of Sections 3(a), 4 or 5, it may
only be made in connection with a change in circumstances that arises from a change in legal
requirements, change in law, or change in the identity, nature or status of an obligated person with
respect to the Bonds, or the type of business conducted;
(b) This Disclosure Agreement, as amended or taking into account such waiver, would,
in the opinion of nationally recognized bond counsel addressed to the District, the Fiscal Agent and
the Participating Underwriter, have complied with the requirements of the Rule at the time of the
original issuance of the Bonds, after taking into account any amendments or interpretations of the
Rule, as well as any change in cimumstances;
(c) The amendment or waiver either (i)is approved by the Bondowners in the same
manner as provided in the Agreement for amendments to the Agreement with the consent of
Bondowners, or (ii) does not, in the opinion of nationally recognized bond counsel addressed to the
City and the Fiscal Agent, materially impair the interests of the Bondowners or Beneficial Owners of
the Bonds; and
(d) The Developer, or the Dissemination Agent, shall have delivered copies of the
amendment and any opinions delivered under (b) and (c) above.
In the event of any amendment or waiver of a provision of this Disclosure Agreement, the
Developer shall describe such amendment in the next Semi-Annual Report, and shall include, as
applicable, a narrative explanation of the reason for the amendment or waiver and its impact on the
type (or, in the case of a change of accounting principles, on the presentation) of financial
information or operating data being presented by the Developer. In addition, if the amendment
relates to the accounting principles to be followed in preparing financial statements, (i) notice of such
change shall be given to the Municipal Securities Rulemaking Board, the State Repository, if any,
and the Repositories, and (ii)the Semi-Annual Report for the year in which the change is made
should present a comparison (in narrative form and also, if feasible, in quantitative form) between the
financial statements as prepared on the basis of the new accounting principles and those prepared on
the basis of the former accounting principles. The comparison of financial data described in
clause (ii) of the preceding sentence shall be provided at the time financial statements, if any, are
filed under Section 4(g) hereof.
SECTION 9. Additional Information. Nothing in this Disclosure Agreement shall be
deemed to prevent the Developer from disseminating any other information, using the means of
dissemination set forth in this Disclosure Agreement or any other means of communication, or
including any other information in any Semi-Annual Report or notice of occurrence of a Listed
Event, in addition to that which is required by this Disclosure Agreement. If the Developer chooses
to include any information in any Semi-Annual Report or notice of occurrence of a Listed Event in
addition to that which is specifically required by this Disclosure Agreement, the Developer shall have
no obligation under this Disclosure Agreement to update such information or include it in any future
Semi-Annual Report or notice of occurrence of a Listed Event.
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Docsoc,922 20v3 2224s.0,38
SECTION 10. Default. In the event of a failure of the Developer to comply with any
provision of this Disclosure Agreement, any Participating Underwriter or any Bondowner or
Beneficial Owner of the Bonds may, take such actions as may be necessary and appropriate,
including seeking mandate or specific performance by court order, to cause the Developer or the
Dissemination Agent to comply with its obligations under this Disclosure Agreement. A default
under this Disclosure Agreement shall not be deemed an Event of Default under the Indenture, and
the sole remedy under this Disclosure Agreement in the event of any failure of the Developer to
comply with this Disclosure Agreement shall be an action to compel specific performance.
SECTION 11. Duties, Immunities and Liabilities of Dissemination Agent. The
Dissemination Agent shall have only such duties as are specifically set forth in this Disclosure
Agreement and the Developer agrees to indemnify and save the Dissemination Agent, its officers,
directors, employees and agents, harmless against any loss, expense and liabilities which they may
incur arising out of or in the exercise or performance of theirs powers and duties hereunder, including
the costs and expenses (including attorneys fees) of defending against any claim of liability, but
excluding liabilities due to the Dissemination Agent's negligence or willful misconduct. The
Dissemination Agent shall not be deemed to be acting in any fiduciary capacity for the Developer,
the Participating Underwriter, Bondowners or Beneficial Owners or any other party. The
Dissemination Agent may rely and shall be protected in acting or refraining from acting upon a
direction from the Developer or an opinion of nationally recognized bond counsel. The obligations
of the Developer under this Section shall survive resignation or removal of the Dissemination Agent
and payment of the Bonds. No person shall have any right to commence any action against the
Dissemination Agent seeking any remedy other than to compel specific performance of this
Disclosure Agreement.
The Dissemination Agent will not, without the Developer's prior written consent, settle,
compromise or consent to the entry of any judgment in any pending or threatened claim, action or
proceeding in respect of which indemnification may be sought hereunder unless such settlement,
compromise or consent includes an unconditional release of the Developer and its controlling persons
from all liability arising out of such claim, action or proceedings. If a claim, action or proceeding is
settled with the consent of the Developer or if there is a final judgment (other than a stipulated final
judgment without the approval of the Developer) for the plaintiff in any such claim, action or
proceeding, with or without the consent of the Developer, the Developer agrees to indemnify and
hold harmless the Dissemination Agent to the extent described herein.
SECTION 12. Reporting Obligation of Developer's Transferees. The Developer shall, in
connection with any sale or transfer of ownership of land within Improvement Area A which will
result in the transferee (which term shall include any successors and assigns of the Developer)
becoming responsible (i) for the payment of more than 20 percent of the Special Taxes levied on
property within Improvement Area A in the Fiscal Year following such transfer and (ii) for the
construction and/or installation of some or all of the improvements needed to bring such sold or
transferred land to finished lot condition, cause such transferee and any Affiliate of the transferee to
enter into a disclosure agreement with terms substantially similar to the terms of this Disclosure
Agreement, whereby such transferee agrees to be bound by the obligations of the Developer under
this Disclosure Agreement as an additional obligated party. Additionally, the Developer shall, in
connection with any sale or transfer of ownership of land within the District which will result in the
transferee and any Affiliate of the transferee becoming responsible for the payment of more than 20
percent of the Special Taxes levied on property within the District in the Fiscal Year following such
transfer, which sale or transfer occurs before such sold or transferred land is in finished lot condition,
and the transferee is not responsible for the construction or installation of some or all of the
infrastructure needed to bring such land to finished lot condition, cause such transferee to enter into a
disclosure agreement with terms substantially similar to the terms of this Disclosure Agreement,
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DOCSOC\922620v3\22245.0138
whereby such transferee agrees to provide the information of the type described in Section 4(b), (c),
(d) and (f) of this Disclosure Agreement with respect to its property; provided that such transferee's
obligations under such disclosure agreement shall terminate upon the transferee and any Affiliate of
the transferee becoming responsible for the payment of less than 20 percent of the annual Special
Taxes. A memorandum regarding the Developer's obligations under this Disclosure Agreement shall
be recorded in the Official Records in the office of the County Recorder of the County of San Diego.
SECTION 13. Developer as Independent Contractor. In performing under this Disclosure
Agreement, it is understood that the Developer is an independent contractor and not an agent of the
City of Chula Vista or the District.
SECTION 14. Beneficiaries. This Disclosure Agreement shall inure solely to the benefit of
the Developer, the City, the Dissemination Agent, the Participating Underwriter and Bondowners and
Beneficial Owners from time to time of the Bonds, and shall create no rights in any other person or
entity.
SECTION 15. Counterparts. This Disclosure Agreement may be executed in several
counterparts, each of which shall be an original and all of which shall constitute one and the same
instrument.
THE EASTLAKE COMPANY, LLC
By:
Its:
U.S. BANK, N.A.
By:
Its:
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EXHIBIT A
NOTICE TO REPOSITORIES OF FAILURE TO FILE SEMI-ANNUAL REPORT
Name of the Issuer: City of Chula Vista Community Facilities District No. 06-I (Eastlake
-~ Woods.. Vistas and ~- ~ City of Chula Vista, California
Name of Bond Issue: City of Chula Vista
Community Facilities District No. 06-1
(Eastlake - Woods. Vistas and a ~ 2002 Improvement
Area A Special Tax Bonds
Date of Issuance: ,2002
NOTICE IS HEREBY GIVEN that has not provided a Semi-
Annual Report with respect to the above-named Bonds as required by the Continuing Disclosure
Agreement. [The Developer anticipates that such Semi-Annual Report will be filed not later than
.]
Dated:
U.S. BANK, N.A.
By:
cc: City of Chula Vista, Califomia
Stone & Youngberg LLC
G~9
APPENDIX H
FORM OF OPINION OF BOND COUNSEL
APPENDIX I
DTC AND THE BOOK ENTRY SYSTEM
The Depository Trust Company ("DTC"), New York, NY, will act as securities depository
for thc Bonds. The Bonds will be issued as ~ully-registered securities registered in the name of Cede
& Co. (DTC's partnership nominee) or such other name as may be requested by an authorized
representative of DTC. One ~lly-registered bond will be issued for each maturity of the Bonds, each
in the aggregate principal amount of such maturity, and will be deposited with DTC.
DTC, the world's largest depository, is a limited-purpose trust company organized under the
New York Banking Law, a "banking organization" within the meaning of the New York Banking
Law, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the
New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions
of Section 17A of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for
over 2 million issues of U.S. and non-U.S, equity issues, corporate and municipal debt issues, and
money market instruments from over 85 countries that DTC's participants ("Direct Participants")
deposit with DTC. DTC also facilitates the post-trade settlement among Direct Participants of sales
and other securities transactions in deposited securities, through electronic computerized book-entry
transfers and pledges between Direct Participants' accounts. This eliminates the need for physical
movement of securities certificates. Direct Participants include both U.S. and non-U.S, securities
brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations.
DTC is a wholly-owned subsidiary of The Depository Trust & Clearing Corporation ("DTCC").
DTCC, in turn, is owned by a number of Direct Participants of DTC and Members of the National
Securities Clearing Corporation, Government Securities Clearing Corporation, MBS Clearing
Corporation, and Emerging Markets Clearing Corporation, (NSCC, GSCC, MBSCC, and EMCC,
also subsidiaries of DTCC), as well as by the New York Stock Exchange, Inc., the American Stock
Exchange LLC, and the National Association of Securities Dealers, Inc. Access to the DTC system is
also available to others such as both U.S. and non-U.S, securities brokers and dealers, banks, trust
companies, and clearing corporations that clear through or maintain a custodial relationship with a
Direct Participant, either directly or indirectly ("Indirect Participants"). DTC has Standard & Poor's
highest rating: AAA. The DTC Rules applicable to its Participants are on file with the Securities and
Exchange Commission.
Purchases of Bonds under the DTC system must be made by or through Direct Participants,
which will receive a credit for the Bonds on DTC's records. The ownership interest of each actual
purchaser of each Series 2002A Bond ("Beneficial Owner") is in mm to be recorded on the Direct
and Indirect Participants' records. Beneficial Owners will n6t receive written confirmation from
DTC of their purchase. Beneficial Owners are, however, expected to receive written confirmations
providing details of the transaction, as well as periodic statements of their holdings, from the Direct
or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of
ownership interests in the Bonds are to be accomplished by entries made on the books of Direct and
Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive
bonds representing their ownership interests in Bonds, except in the event that use of the book-entry
system for the Bonds is discontinued.
To facilitate subsequent transfers, all Bonds deposited by Direct Participants with DTC are
registered in the name of DTC's partnership nominee, Cede & Co., or such other name as may be
requested by an authorized representative of DTC. The deposit of Bonds with DTC and their
registration in the name of Cede & Co. or such other DTC nominee do not effect any change in
beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Bonds; DTC's
records reflect only the identity of the Direct Participants to whose accounts such Bonds are credited,
DOCSOC\922620v3\22245.0138
which may or may not be the Beneficial Owners. The Direct and Indirect Participants will remain
responsible for keeping account of their holdings on behalf of their customers.
Conveyance of notices and other conmaunications by DTC to Direct Participants, by Direct
Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial
Owners will be governed by arrangements among them, subject to any statutory or regulatory
requirements as may be in effect from time to time. Beneficial Owners of Bonds may wish to take
certain steps to augment the transmission to them of notices of significant events with respect to the
Bonds, such as redemptions, tenders, defaults, and proposed amendments to the Series 2002A Bond
documents. For example, Beneficial Owners of Bonds may wish to ascertain that the nominee
holding the Bonds for their benefit has agreed to obtain and transmit notices to Beneficial Owners.
In the alternative, Beneficial Owners may wish to provide their names and addresses to the registrar
and request that copies of notices be provided directly to them.
Redemption notices shall be sent to DTC. If less than all of the Bonds within a maturity are
being redeemed, DTC's practice is to determine by lot the amount of the interest of each Direct
Participant in such maturity to be redeemed.
Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect
to Bonds unless authorized by a Direct Participant in accordance with DTC's Procedures. Under its
usual procedures, DTC mails an Omnibus Proxy to the District as soon as possible after the record
date. The Omnibus Proxy assigns Cede & Co.'s consenting or voting rights to those Direct
Participants to whose accounts Bonds are credited on the record date (identified in a listing attached
to the Omnibus Proxy).
Redemption proceeds, distributions, and dividend payments on the Bonds will be made to
Cede & Co., or such other nominee as may be requested by an authorized representative of DTC.
DTC's practice is to credit Direct Participants' accounts upon DTC's receipt of funds and
corresponding detail information from the District or the Fiscal Agent, on payment date in
accordance with their respective holdings shown on DTC's records. Payments by Participants to
Beneficial Owners will be governed by standing instructions and customary practices, as is the case
with securities held for the accounts of customers in bearer form or registered in "street name," and
will be the responsibility of such Participant and not of DTC nor its nominee, the Fiscal Agent, or the
District, subject to any statutory or regulatory requirements as may be in effect from time to time.
Payment of redemption proceeds, distributions, and dividend payments to Cede & Co. (or such other
nominee as may be requested by an authorized representative of DTC) is the responsibility of the
Fiscal Agent, disbursement of such payments to Direct Participants will be the responsibility of DTC,
and disbursement of such payments to the Beneficial Owners will be the responsibility of Direct and
Indirect Participants.
A Beneficial Owner shall give notice to elect to have its Bonds purchased or tendered,
through its Participant, to the Fiscal Agent, and shall effect delivery of such Bonds by causing the
Direct Participant to transfer the Participant's interest in the Bonds, on DTC's records, to the Fiscal
Agent. The requirement for physical delivery of Bonds in connection with an optional tender or a
mandatory purchase will be deemed satisfied when the ownership rights in the Bonds are transferred
by Direct Participants on DTC's records and followed by a book-entry credit of tendered Bonds to
the Fiscal Agent's DTC account.
DTC may discontinue providing its services as depository with respect to the Bonds at any
time by giving reasonable notice to the District or the Fiscal Agent. Under such circumstances, in the
event that a successor depository is not obtained, physical Bonds are required to be printed and
delivered.
I-:2
DOCSOC\922620v3~22245.0 ' 38 /(9 '
The District may decide to discontinue use of the system of book-entry transfers through
DTC (or a successor securilies depository). In that event, physical Bonds will be printed and
delivered.
The information in this section concerning DTC and DTC's book-entry system has been
obtained from sources that th,:: District believes to be reliable, but the District takes no responsibility
for the accuracy thereof.
1-3
DOCSOC\922620v3\22245.0138 t0 _ t(/~[~>7
Draft 10.17.02
BOND INDENTURE
by and between
City Of Chula Vista
Community Facilities District No. 06-I
(EastLake - Woods, Vistas and Land Swap)
and
U.S. Bank, N.A.,
As Fiscal Agent
Dated as of December 1, 2002
Re: SXX,XXX,000
City of Chula Vista
Community Facilities District No. 06-I
(EastLake - Woods, Vistas and Land Swap)
2002 Improvement Area A Special Tax Bonds
Draft 10.17.02
TABLE OF CONTENTS
Page
ARTICLE I. DEFINITIONS ...................................................................................................... 1
SECTION 1.01 DEFINITIONS ..................................................................................................... 1
ARTICLE II. GENERAL AUTHORIZATION AND TERMS ............................................. 13
SECTION 2.01 AMOUNT, ISSUANCE AND PURPOSE ................................................................ 13
SECTION 2.02 TYPE AND NATURE OF BOND ......................................................................... 13
SECTION 2.03 TERMS OF THE BONDS ................................................................................... 13
SECTION 2.04 DESC~PTION Or BONDS; INTEREST RATES .................................................... 14
SECTION 2.05 PAYMENT ....................................................................................................... 14
SECTION 2.06 EXECUTION OF BONDS ................................................................................... 15
SECTION 2.07 OP, DER TO PmNT AND AUTHENTICATE BONDS ..............................................15
SECTION 2.08 BOOKS OF REGISTRATION; BOOK ENTRY SYSTEM ......................................... 15
SECTION 2.09 EXCHANGE OF BONDS .................................................................................... 17
SECTION 2.10 NEGOTIABILITY, REGISTRATION AND TRANSFER OF BONDS .......................... 17
SECTION 2.11 AUTHENTICATION .......................................................................................... 17
ARTICLE Ill. FUNDS AND ACCOUNTS ............................................................................. 19
SECTION 3.01 ESTABLISHMENT Or SPECIAL FUNDS ............................................................. 19
SECTION 3.02 SPECIAL TAX FUND ........................................................................................ 19
SECTION 3.03 BOND SERVICE FUND ..................................................................................... 21
g. Interest ,4ccount ............................................................................................................ 21
B. Principal Account. ........................................................................................................ 21
SECTION 3.04 COSTS OF ISSUANCE FUND ............................................................................. 21
SECTION 3.05 PROJECT FUND ............................................................................................... 21
SECTION 3.06 RESERVE FUND .............................................................................................. 23
SECTION 3.07 REBATE FUND ................................................................................................ 24
SECTION 3.08 REDEMPTION FUND ........................................................................................ 24
SECTION 3.09 ADMINISTRATIVE EXPENSE FUND .................................................................. 24
SECTION 3.10 INVESTMENT OF FUNDS .................................................................................. 25
SECTION 3.11 DISPOSITION OF BOND PROCEEDS ................................................................. 26
ARTICLE IV. REDEMPTION ................................................................................................ 27
SECTION 4.01 NOTICE OF REDEMPTION ................................................................................ 27
A. Notice by Mail to Bondholders: .................................................................................... 27
B. Further Notice: ............................................................................................................. 27
C. Failure to Receive Notice ............................................................................................. 27
D. Certificate of Giving Notice .......................................................................................... 27
SECTION 4.02 EFFECT OF REDEMPTION ................................................................................. 28
SECTION 4.03 REDEMPTION PRICES AND TERMS .................................................................. 28
A. Optional Redemption .................................................................................................... 28
B. Extraordinary Mandatory Redemption ......................................................................... 28
C. Mandatory Sinking Fund Redemption .......................................................................... 29
E. Notice and Selection of Bonds for Redemption ............................................................ 30
ARTICLE V. SUPPLEMENTAL INDENTURES .................................................................. 31
¢i> /
Draft 10.17.02
TABLE OF CONTENTS
(Continued)
Page
SECTION 5.01 AMENDMENTS OR SUPPLEMENTS ................................................................... 31
ARTICLE VI. MISCELLANEOUS CONDITIONS ............................................................ 33
SECTION 6.01 OWNERSHIP OF BONDS ................................................................................... 33
SECTION 6.02 MUTILATED, LOST, DESTROYED OR STOLEN BONDS ..................................... 33
SECTION 6.03 CANCELLATION OF BONDS ............................................................................. 33
SECTION 6.04 COVENANTS ................................................................................................... 33
SECTION 6.05 ARBITRAGE CERTIFICATE .............................................................................. 36
SECTION 6.06 DEFEASANCE ................................................................................................. 37
SECTION 6.07 FISCAL AGENT ............................................................................................... 38
SECTION 6.08 LIABILITY OF FISCAL AGENT ......................................................................... 39
SECTION 6.09 PROVISIONS CONSTITUTE CONTRACT ............................................................ 40
SECTION 6.10 CUSIP NuMBERS ........................................................................................... 40
SECTION 6.11 SEVERABILIT¥ ............................................................................................... 40
SECTION 6.12 UNCLAIMED MONEY ...................................................................................... 41
SECTION 6.13 NONPRESENTMENTOF BONDS ....................................................................... 41
SECTION 6.14 CONTINUING DISCLOSURE ............................................................................. 41
ARTICLE VII. BOND FORM .................................................................................................. 42
SECTION 7.01 FORM OF BONDS ............................................................................................ 42
SECTION 7.02 TEMPORARY BONDS ...................................................................................... 42
ARTICLE VIII EVENT OF DEFAULT .................................................................................. 43
SECTION 8.01 EVENTS OF DEFAULT ..................................................................................... 43
SECTION 8.02 APPLICATION OF REVENUES AND OTHER FUNDS AFTER DEFAULT ................ 43
EXHIBIT "A"- FORM OF BOND ........................................................................................ A-1
EXHIBIT "B" - ARBITRAGE REBATE INSTRUCTIONS ..................................................B- 1
(ii) /O-/70
Draft 10.17.02
BOND INDENTURE
This Bond Indenture dated as of December 1, 2002, is entered into by and between
Community Facilities District No. 06-I (EastLake - Woods, Vistas and Land Swap), a community
facilities district organized and existing under the laws of the State, and U.S. Bank, N.A., as Fiscal
Agent, to establish the terms and conditions and pertaining to the issuance of the Bonds as defined
herein.
ARTICLE I. DEFINITIONS
SECTION 1.01 Definitions.
As used in this Indenture, thc following terms shall have the following meanings:
"Acquisition Account" means the account by that name within the Project Fund established pursuant
to Section 3.10 hereof.
"Acquisition/Financing Agreement" means that certain Acquisition/Financing Agreement, dated as
of ,2002 by and between the City, acting on behalf of itself and the District, and
EastLake Company LLC, a California limited liability company as such agreement may be amended
from time to time.
"Act" means the "Mello-Roos Community Facilities Act of 1982", as amended, being Chapter 2.5,
Part I, Division 2, Title 5 of the Government Code of the State of California.
"Administrative Expense Fund" means the fund by that name established pursuant to Section 3.01
hereof.
"Administrative Expenses" means the expenses directly related to the administration of the District,
including, but not limited to, the following: the costs of computing the Special Taxes and preparing
the annual Special Tax collection schedules (whether by the City or a designee thereof or both); the
costs of collecting the Special Taxes (whether by the County, the City or otherwise); the costs of
remitting the Special Taxes to the Fiscal Agent; the costs 6f the Fiscal Agent (including its legal
counsel) in the discharge of the duties of the Fiscal Agent required under this Indenture; the costs of
the City, the District or any designee thereof of complying with the arbitrage rebate requirements;
the costs of the City, the District, or any designee thereof of complying with City, District or
obligated person disclosure requirements associated with applicable federal or state securities laws
and of the Act; the costs associated with preparing Special Tax disclosure statements and responding
to public inquiries regarding the Special Taxes; the costs of the City, District or any designee thereof
related to an appeal of the Special Tax; and the costs of any credit enhancement obtained by the City
or the District (but excluding the costs of any credit enhancement required to be provided by
EastLake Company LLC and/or its successor). Administrative Expenses shall also include
Delinquency Collection Expenses.
"Administrative Expense Requirement" means an annual amount equal to $75,000, or such lessor
amount as may be designated by written instruction from an Authorized Representative to the Fiscal
Draft 10.17.02
Agent, to be allocated as the first priority of Special Taxes received each Fiscal Year for the
payment of Administrative Expenses.
"Annual Debt Service" means, for each Bond Year, the sum of (a) the interest payable on the
Outstanding Bonds in such Bond Year, and (b) the principal amount of the Outstanding Bonds
scheduled to be paid in such Bond Year, including from mandatory sinking fund payments.
"Appraisal" means an appraisal prepared by the Appraiser or an MAI appraiser who is also a state
certified appraiser, as defined in California Business and Professions Code Section 11340(c)
appointed and retained by the City or the District. Such appraisal shall be substantially based upon
the then applicable assumptions of and subject to the then applicable qualifications and limitations
contained in the appraisal prepared by the Appraiser and dated ,2002.
"Appraiser" means Bruce W. Hull & Associates, Inc.
"Assistant Director of Finance" means the Assistant Director of Finance of the City.
"Assessor's Parcel" means an Assessor's Parcel as defined in the Special Tax RMA.
"Authorized Representative" of the District means the City Manager, Director of Finance or
Assistant Director of Finance of the City, acting on behalf of the District, or any other person
designated by the City Council and authorized to act on behalf of the District under or with respect
to this Indenture and all other agreements related hereto.
"Average Annual Debt Service" means the average annual debt service on the Bonds based upon a
Bond Year during the term of the Bonds.
"Bond Counsel" means an attorney or firm of attorneys, selected by the District, of nationally
recognized standing in matters pertaining to the tax treatment of interest on bonds issued by states
and their political subdivisions, duly admitted to the practice of law before the highest court of the
State.
"Bondowner" or "Owner", or any similar term, means any person who shall be the registered owner
or his duly authorized attorney, trustee, representative or assign of any Outstanding Bond which
shall at the time be registered.
"Bonds" means the SXX,XXX,000, City of Chula Vista Community Facilities District 06-I
(EastLake - Woods, Vistas and Land Swap) 2002 Improvement Area A Special Tax Bonds issued
pursuant to this Indenture.
"Bond Service Fund" means the fund created and established pursuant to Section 3.01 hereof.
"Bond Year" means each twelve-month period extending from September 2 in one calendar year to
September 1 of the succeeding calendar year, except in the case of the initial Bond Year which shall
be the period from the Delivery Date to September 1, 2003.
Draft 10.17.02
"Business Day" means a day that is not a Saturday or a Sunday or a day of the year on which banks
in New York, New York and Los Angeles, California, or where the Principal Corporate Trust Office
is located, are not required or authorized to remain open.
"Capitalized Interest Sub-Account" means the sub-account by that name within the Interest Account
of the Bond Service Fund established pursuant to Section 3.10 hereof.
"City" means the City of Chula Vista, California.
"City Manager" means the City Manager of the City, acting for and on behalf of the District.
"Code" means the Internal Revenue Code of 1986, as amended.
"Costs of Issuance" means, as to the Bonds, all of the costs of formation of the District and the costs
of issuing the Bonds, including but not limited to, all printing and document preparation expenses in
connection with this Indenture and any Supplemental Indenture, the Bonds, and any and all other
agreements, instruments, certificates or other documents issued in connection therewith; any
computer and other expenses incurred in connection with the Bonds; the initial fees and expenses of
the Fiscal Agent (including without limitation, acceptance fees and first annual fees payable in
advance); and other fees and expenses incurred in connection with the issuance of the Bonds, to the
extent such fees and expenses are approved by the District.
"Costs of Issuance Fund" means the fund by that name established pursuant to Section 3.01 hereof.
"Comptroller of the Currency" shall mean the Comptroller of the Currency of the United States.
"Delinquency Collection Expenses" means those fees and expenses of the District incurred by or on
behalf of the District in or related to the collection of delinquent Special Taxes.
"Delinquency Proceeds" means the amounts collected from the redemption of delinquent Special
Taxes including the penalties and interest thereon and from the sale of property sold as a result of the
foreclosure of the lien of the Special Tax resulting from the delinquency in the payment of Special
Taxes due and payable on such property.
"Delivery Date" means the date on which the Bonds are issued and delivered to the initial purchaser
thereofi
"Depository" shall mean DTC and its successors and assigns or if (a) the then Depository resigns
from its functions as securities depository of the Bonds, or (b) the District discontinues use of the
Dep6sitory pursuant to this Indenture, any other securities depository which agrees to follow
procedures required to be followed by a securities depository in connection with the Bonds and
which is selected by the Treasurer.
"Director of Finance" means the Assistant City Manager/Director of Finance of the City, acting for
and on behalf of the District.
Draft 10.17.02
"District" means Community Facilities District No. 06-1 (EastLake - Woods, Vistas and Land
Swap).
"DTC" shall mean The Depository Trust Company, New York, New York, and its successors
and assigns.
"Fiscal Agent" means U.S. Bank, N.A., and any successor thereto.
"Fiscal Year" means the 12 month period beginning July 1 of each year and terminating on June 30
of the following year, or any other annual accounting period hereinafter selected and designated by
the District as its fiscal year in accordance with applicable law.
"Govemment Obligations" means obligations described in Paragraph 1 of the definition of Permitted
Investments.
"Gross Proceeds" has the meaning ascribed to such term in Section 148(0(6) of the Code.
"Improvement Area A" means Improvement Area A of the District.
"Indenture" means this Bond Indenture, as amended or supplemented pursuant to the terms hereof.
"Independent Accountant" means any certified public accountant or firm of such certified public
accountants appointed and paid by the District, and who, or each of whom -
1. is in fact independent and not under domination of the District or the City;
2. does not have any substantial interest, direct or indirect, in the District or the City;
and
3. is not an officer or employee of the District or the City, but who may be regularly
retained to make annual or other audits of the books of or reports to the City or the
District.
"Information Services" means Financial Information, Inc's., "Daily Called Bond Service," 30
Montgomery Street, 10th Floor, Jersey City, New Jersey 07302, Attention: Editor; Kenny
Information Services' "Called Bond Service," 65 Broadway, 16th Floor, New York, New York
10006; Moody's Investors Service "Municipal and Government," 99 Church Street, 8th Floor,
New York, New York 10007, Attention: Municipal News Reports; Standard and Poor's
Corporation "Called Bond Record," 25 Broadway, 3rd Floor, New York, New York 10004; and,
in accordance with then current guidelines of the Securities and Exchange Commission, such other
addressees providing information with respect to called bonds as the District may designate in
writing to the Fiscal Agent.
"Interest Payment Date" means March 1 and September 1 of each year, commencing September 1,
2003.
Draft 10.17.02
"Investment Agreement" means any investment satisfying the requirements of Paragraph 11 of the
definition of Permitted Investments.
"Legislative Body" means the City Council of the City, acting as the legislative body of the District.
"Maximum Annual Debt Service" means, as of the date of any calculation, the largest Annual Debt
Service during the current or any future Bond Year.
"Moody's" means Moody's Investors Service, its successors and assigns.
"Nominee" shall mean the nominee of the Depository which may be the Depository, as
determined from time to time by the Depository.
"Outstanding" means as to the Bonds, all of the Bonds, except:
1. Bonds theretofore canceled or surrendered for cancellation in accordance with
Section 6.03 hereof;
2. Bonds for the payment or redemption of which monies shall have been theretofore
deposited in trust (whether upon or prior to the maturity or the redemption date of
such bonds), provided that, if such Bonds are to be redeemed prior to the maturity
thereof, notice of such redemption shall have been given as provided in this
Indenture or any applicable Supplemental Indenture.
"Participant" shall mean a member of or participant in the Depository.
"Permitted Investments" means any of the following which at the time of investment are legal
investments under the laws of the State for the moneys proposed to be invested therein (the Fiscal
Agent shall be entitled to rely upon any written investment direction from an Authorized
Representatives of the District asa certification to the Fiscal Agent that such investment constitutes
a Permitted Investment):
1. A. Direct obligations (other than an obligation subject to variation in principal
payment) of the United States of America ("United States Treasury Obligations");
B. Obligations fully and unconditionally guaranteed as to timely payment of
principal and interest by the United States of America;
C. Obligations fully and unconditionally guaranteed as to timely payment of
principal and interest by any agency or instrumentality of the United States of
America when such obligations are backed by the full faith and credit of the United
States of America, or
D. Evidences of ownership of proportionate interests in future interest and
principal payments on obligations described above held by a bank or trust company
as custodian, under which the owner of the investment is the real party in interest and
has the right to proceed directly and individually against the obligor and the
Draft 10.17.02
underlying government obligations are not available to any person claiming through
the custodian or to whom the custodian may be obligated.
2. Federal Housing Administration debentures.
3. The listed obligations of government-sponsored agencies which are not backed by
the full faith and credit of the United States of America:
A. Federal Home Loan Mortgage Corporation (FHLMC)
(1) Participation certificates (excluded are stripped mortgage securities
which are purchased at prices exceeding their principal amounts)
(2) Senior Debt obligations
B. Farm Credit Banks (formerly: Federal Land Banks, Federal Intermediate
Credit Banks and Banks for Cooperatives)
(1) Consolidated system-wide bonds and notes
C. Federal Home Loan Banks (FHL Banks)
(1) Consolidated debt obligations
D. Federal National Mortgage Association (FNMA)
(1) Senior debt obligations
(2) Mortgage-backed securities (excluded are stripped mortgage
securities which are purchased at prices exceeding their principal
amounts)
E. Student Loan Marketing Association (SLMA)
(1) Senior debt obligations (excluded are securities that do not have a
fixed par value and/or whose terms do not promise a fixed dollar
amount at maturity or call date)
F. Financing Corporation (FICO)
(1) Debt obligations
G. Resolution Funding Corporation (REFCORP)
(1) Debt obligations
4. Unsecured certificates of deposit, time deposits, and bankers' acceptances (having
maturities of not more than 30 days) of any bank the short-term obligations of which
are rated "A-I" or better by S&P.
5. Deposits the aggregate amount of which are fully insured by the Federal Deposit
Insurance Corporation (FDIC), in banks which have capital and surplus of at least $5
million.
6. Commercial paper (having original maturities of not more than 2?0 days rated "A- 1"
by S&P and "Prime-1" by Moody's,
Draft 10.17.02
7. Money market funds rated "AAm-1" or "AAm-G" by S&P, or better.
8. State Obligations, which means:
A. Direct general obligations of any state of the United States of America or any
subdivision or agency thereof to which is pledged the full faith and credit of a
state the unsecured general obligation debt of which is rated "A3" by
Moody's and "A" by S&P, or better, or any obligation fully and
unconditionally guaranteed by any state, subdivision or agency whose
unsecured general obligation debt is so rated.
B. Direct general short-term obligations of any state agency or subdivision or
agency thereof described in (A) above and rated "A- 1 +" by S&P and "Prime-
1" by Moody's.
C. Special Revenue Bonds (as defined in the United States Bankruptcy Code) of
any state, state agency or subdivision described in (A) above and rated "AA"
or better by S&P and "AA" or better by Moody's.
9. Pre-refunded municipal obligations rated "AAA" by S & P and "AAA" by Moody's
meeting the following requirements:
A. the municipal obligations are (1) not subject to redemption prior to maturity
or (2) the trustee for the municipal obligations has been given irrevocable
instructions concerning their call and redemption and the issuer of the
municipal obligations has covenanted not to redeem such municipal
obligations other than as set forth in such instructions;
B. the municipal obligations are secured by cash or United States Treasury
Obligations which may be applied only to payment of the principal of,
interest and premium on such municipal obligations;
C. the principal of and interest on the United States Treasury Obligations (plus
any cash in the escrow) has been verified by the report of independent
certified public accountants to be sufficient to pay in full all principal of,
interest, and premium, if any, due and to become due on the municipal
obligations ("Verification");
D. the cash or United States Treasury Obligations serving as security for the
municipal obligations are held by an escrow agent or trustee in trust for
owners of the municipal obligations;
E. no substitution of a United States Treasury Obligation shall be permitted
except with another United States Treasury Obligation and upon delivery of a
new Verification; and
Draft 10.17.02
F. the cash or United States Treasury Obligations are not available to satisfy any
other claims, including those by or against the trustee or escrow agent.
10. Repurchase agreements:
With (1) any domestic bank, or domestic branch of a foreign bank, the long term debt
of which is rated at least "A" by S&P and Moody's; or (2) any broker-dealer with
"retail customers" or a related affiliate thereof which broker-dealer has, or the parent
company (which guarantees the provider) of which has, long-term debt rated at least
"A" by S&P and Moody's, which broker-dealer falls under the jurisdiction of the
Securities Investors Protection Corporation, or (3) any other entity rated "A" or
better by S&P and Moody's, provided that:
A. The market value of the collateral is maintained at levels and upon such
conditions as would be acceptable to S & P and Moody's to maintain an "A"
rating in an "A" rated structured financing (with a market value approach);
B. The Fiscal Agent or a third party acting solely as agent therefor or for the
District (the "Holder of the Collateral") has possession of the collateral or the
collateral has been transferred to the Holder of the Collateral in accordance
with applicable state and federal laws (other than by means of entries on the
transferor's books);
C. The repurchase agreement shall state and an opinion of counsel shall be
rendered at the time such collateral is delivered that the Holder of the
Collateral has a perfected first priority security interest in the collateral, any
substituted collateral and all proceeds thereof(in the case of bearer securities,
this means the Holder of the Collateral is in possession);
D. The repurchase agreement shall provide that if during its term the provider's
rating by either Moody's or S&P is withdrawn or suspended or falls below
"A-" by S&P or "A3" by Moody's, as appropriate, the provider must, at the
direction of the District or the Fiscal Agent, within 10 days of receipt of such
direction, repumhase all collateral and terminate the agreement, with no
penalty or premium to the District or Fiscal Agent.
Notwithstanding the above, collateral levels need not be as specified in "A" above,
so long as such collateral levels are 103% or better and the provider is rated at least
"A" by S&P and Moody's, respectively.
11. Investment agreements with a domestic or foreign bank or corporation the long-term
debt or financial strength of which, it or its guarantor is rated at least "AA-" by S&P
and "Aa3" by Moody's; provided that, by the terms of the irivestment agreement:
A. the invested funds are available for withdrawal without penalty or premium,
upon not more than seven days' prior notice; the District and the Fiscal
Agent hereby agree to give or cause to be given notice in accordance with the
8 i
Draft 10.17.02
terms of the investment agreement so as to receive funds thereunder with no
penalty or premium paid;
B. the investment agreement shall state that it is the unconditional and general
obligation of, and is not subordinated to any other obligation of, the provider
thereof; or, in the case of a bank, that the obligation of the bank to make
payments under the agreement ranks pari passu with the obligations of the
bank to its other depositors and its other unsecured and unsubordinated
creditors;
C. the District and the Fiscal Agent receives the opinion of domestic counsel
that such investment agreement i~ legal, valid, binding and enforceable upon
the provider in accordance with its terms and of foreign counsel (if
applicable);
D. the investment agreement shall provide that if during its term
(1) the provider's rating by either S&P or Moody's falls below "AA-" or
"Aa3", respectively, the provider shall, at its option, within 10 days
of receipt of publication of such downgrade, either (a) collateralize
the investment agreement by delivering or transferring in accordance
with applicable state and federal laws (other than by means of entries
on the provider's books) to the District, the Fiscal Agent or a Holder
of the Collateral free and clear of any third-party liens or claims the
market value of which collateral is maintained at levels and upon
such conditions as would be acceptable to S & P and Moody's to
maintain an "A" rating in an "A" rated structured financing (with a
market value approach); or (b) transfer and assign the investment
agreement to a then qualifying counterparty with ratings specified
above; and
(2) the provider's rating by either S&P or Moody's is withdrawn or
suspended or falls below "A-" or "A3", respectively, the provider
must, at the direction of the District or the Fiscal Agent, within 10
days of receipt of such direction, repay the principal of and accrued
but unpaid interest on the investment;
E. The investment agreement shall state and an opinion of counsel shall be
rendered, in the event collateral is required to be pledged by the provider
under the terms of the investment agreement, at the time such collateral is
delivered, that the Holder of the Collateral has a perfected first priority
security interest in the collateral, any substituted collateral and all proceeds
thereof (in the case of bearer securities, this means the Holder of the
Collateral is in possession);
F. the investment agreement must provide that if during its term
Draft 10.17.02
(1) the provider shall default in its payment obligations, the provider's
obligations under the investment agreement shall, at the direction of
the District or the Fiscal Agent, be accelerated and amounts invested
and accrued but unpaid interest thereon shall be repaid to the District
or Fiscal Agent, as appropriate, and
(2) the provider shall become insolvent, not pay its debts as they become
due, be declared or petition to be declared bankrupt, etc. ("Event of
Insolvency"), the provider's obligations shall automatically be
accelerated and amounts invested and accrued but unpaid interest
thereon shall be repaid to the District or Fiscal Agent, as appropriate.
12. The Local Agency Investment Fund (LAIF) administered by the treasurer of the
State to the extent such deposits remain in the name of and control of the Fiscal
Agent.
"Prepayments" means Special Tax Receipts identified to the Fiscal Agent by an Authorized
Representative as representing a prepayment of the Special Tax.
"Principal Corporate Trust Office" means the office of the Fiscal Agent at 550 South Hope Street,
Suite 500, Los Angeles, California 90071 or such other offices as may be specified to the District by
the Fiscal Agent in writing; provided, however for transfer, registration, exchange, payment and
surrender of Bonds means care of the corporate trust office of U.S. Bank, N.A. in St. Paul,
Minnesota or such other address specified by the Fiscal Agent to the District in writing.
"Project" means the public improvements as set forth and described in Exhibit A to the
Acquisition/Financing Agreement, excluding therefrom the Traffic Enhancement Improvements
(which include the Telegraph Canyon Roadway Improvements).
"Project Costs" means all expenses of and incidental to the construction, acquisition, or both, of the
Project.
"Project Fund" means the fund by that name established pursuant to Section 3.01 hereof.
"Rebate Fund" means the fund by that name established pursuant to Section 3.01 hereof.
"Rebate Instructions" means the Rebate Instructions attached as Exhibit B hereto.
"Record Date" shall mean the fifteenth (15th) calendar day of the month immediately preceding an
Interest Payment Date.
"Redemption Fund" means the fund by that name established pursuant to Section 3.01 hereof.
"Regulations" means the regulations promulgated under the Internal Revenue Code of 1986, as
amended.
"Reserve Fund" means the fund by that name established pursuant to Section 3.01 hereof.
lO
Draft 10.17.02
"Reserve Requirement" means an amount initially equal to $ which amotmt shall, as
of any date of calculation, be equal to the lesser of(i) Maximum Annual Debt Service for the Bonds,
(ii) one hundred twenty-five percent (125%) of Average Annual Debt Service for the Bonds, or (iii)
ten percent (10%) of the original principal amount of the Bonds less original issue discount, if any,
plus original issue premium, if any, applicable to the Bonds.
"Securities Depository" means, as of the Closing Date, The Depository Trust Company, 711 Stewart
Avenue, Garden City, New York 11530 and, in accordance with then current guidelines of the
Securities and Exchange Commission, such other addressees providing depository services with
respect to bonds as the Authority may designate in writing to the Trustee.
"Special Tax" means the Special Tax authorized to be levied in Improvement Area A pursuant to the
Act and the Special Tax RMA.
"Special Tax Consultant" means any person or firm possessing demonstrated experience and
expertise in the preparation of special tax formulas and/or the administration of special taxes levied
for community facilities districts. Any such person or firm shall be appointed and paid by the
District and who, or each of whom -
1. is in fact independent and not under domination of the District or the City;
2. does not have any substantial interest, direct or indirect, in the District or the City;
and
3. is not an officer or employee of the District or the City, but who may be regularly
retained by the City or other community facilities districts formed by the City to
administer the levy of special taxeg within such community facilities districts.
"Special Tax Fund" means the fund by that name established pursuant to Section 3.01 hereof.
"Special Tax Revenues" means (a) the proceeds of the Special Tax levied by the District within
Improvement Area A pursuant to the Special Tax RMA and received by the District, and (b) the
Delinquency Proceeds.
"Special Tax RMA" means the rate and method of apportionment of the Special Tax authorized to
be levied on property within Improvement Area A as approved at the special election held in the
District on September 17, 2002, as may be modified from time to time in accordance with the Act
and as permitted hereby.
"Standard & Poor's" or "S&P" means Standard & Poor's Rating Services, its successors and
assigns.
"State" means the State of California.
"Supplemental Indenture" means any bond indenture then in full force and effect which has been
duly approved by resolution of the Legislative Body under and pursuant to the Act at a meeting of
the Legislative Body duly convened and held, at which a quorum was present and acted thereon,
il
Draft 10.17.02
amendatory hereof or supplemental hereto; but only if and to the extent that such Supplemental
Indenture is specifically authorized hereunder.
"Tax Exempt" means, with reference to a Permitted Investment, a Permitted Investment the interest
earnings on which are excludable from gross income for federal income tax purposes pursuant to
Section 103(a) of the Code, other than one described in section 57(a)(5)(C) of the Code.
"Telegraph Canyon Roadway Improvement Account" means the account by that name within the
Project Fund established pursuant to Section 3.10 hereof.
"Telegraph Canyon Roadway Improvement Costs" means the cost of the acquisition or construction
of the Telegraph Canyon Roadway Improvements (as such term is defined in the
Acquisition/Financing Agreement) in an amount not to exceed the Fair Share (as such term is
defined in the Acquisition/Financing Agreement).
"Telegraph Canyon Roadway Improvements" shall have the meaning given such term in the
Acquisition/Financing Agreement.
"Term Bonds" means the Bonds maturing on September 1, 20__ and the Bonds maturing on
September 1, 20__.
"Treasurer" means the Treasurer of the City acting for and on behalf of the District.
"Traffic Enhancement Improvements" shall have the meaning given such term in the
Acquisition/Financing Agreement.
"Yield" has the meaning assigned to such term for purposes of Section 148(f) of the Code.
Draft 10.17.02
ARTICLE II. GENERAL AUTHORIZATION AND TERMS
SECTION 2.01 Amount, Issuance and Purpose.
Pursuant to the provisions of the Act and the Registered Public Obligations Act of California
(Sections 5050 and following of the California Government Code), the Legislative Body has
authorized the issuance of the Bonds in an aggregate principal amount of SXX,XXX,000. The
Bonds shall be designated City of Chula Vista Community Facilities District No. 06-I (EastLake -
Woods, Vistas and Land Swap) 2002 Improvement Area A Special Tax Bonds. The purpose of the
Bonds shall be to (a) pay for the acquisition or construction of the Project, (b) fund the Reserve
Fund, (c) pay capitalized interest on the Bonds and (c) pay the Costs of Issuance.
SECTION 2.02 Type and Nature of Bond.
The Bonds and interest thereon, together with any premium paid thereon upon redemption,
are not obligations of the City, but are limited obligations of the District secured by and payable
from an irrevocable first lien on the Special Tax Revenues and on the monies in the fimds and
accounts established herein (including the investment earnings thereon) with the exception of the
Project Fund, the Rebate Fund and the Administrative Expense Fund. Except for the Special Tax
Revenues, neither the credit nor the taxing power of the District or the City is pledged for the
payment of the Bonds or the interest thereon, and no Owner of the Bonds may compel the exercise
of taxing power by the District or the City or the forfeiture of any of their property. The principal of
and interest on the Bonds and premiums upon the redemption thereof, if any, are not a debt of the
District or the City, the State of California or any of its political subdivisions within the meaning of
any constitutional or statutory limitation or restriction. The Bonds are not a legal or equitable
pled.ge, charge, lien or encumbrance, upon any of the District's property, or upon any of its income,
receipts or revenues, except the amounts which are, under this Indenture and the Act, set aside for
the payment of the Bonds and interest thereon and neither the members of the Legislative Body, the
City Council of the City, nor any persons executing the Bonds are liable personally on the Bonds by
reason of their issuance.
Notwithstanding anything contained in this Indenture, the District shall not be required to
advance any money derived from any source of income other than the Special Tax Revenue for the
payment of the interest on or the principal of the Bonds or for the performance of any covenants
herein contained.
Nothing in this Indenture or in any Supplemental Indenture shall preclude the redemption
prior to maturity of any Bonds subject to call and redemption or the payment of the Bonds from
proceeds of the refunding bonds issued under the Act or under any other law of the State.
SECTION 2.03 Terms of the Bonds.
The Bonds shall mature on September 1 in the years, and in the respective principal amounts
set forth opposite such years, and shall bear interest at the respective rates per annum, as follows:
Draft 10.17.02
Maturity Date Principal Interest Maturity Date Principal Interest
(September 1) Amount Rate(%) (September 1) Amount Rate(%)
2003 2014
2004 2015
2005 2016
2006 2017
2007 2018
2008 2019
2009 2020
2010 2021
2011 2025
2012 2032
2013
SECTION 2.04 Description of Bonds; Interest Rates.
The Bonds of each series shall be issued in fully registered form in denominations of $5,000
or any integral multiple thereof within a single maturity and shall be numbered as desired by the
Fiscal Agent. The Bonds of each series shall be dated as of the Delivery Date of such series, and
shall mature and be payable on September 1 in the years and in the aggregate principal amounts and
shall bear interest at the rates set forth in this Indenture or the Supplemental Indenture providing for
the issuance of such series of Bonds. The Bonds shall mature and be payable in the years and in the
aggregate principal amounts and shall bear interest at the rates set forth in Section 2.03. Interest shall
be payable with respect to each Bond on each Interest Payment Date (commencing March 1, 2003
for the Bonds), until the principal sum of that Bond has been paid; provided, however, that if at the
maturity date of any Bond (or if the same is redeemable and shall be duly called for redemption, then
at the date fixed for redemption) funds are available for the payment or redemption thereof, in full
accordance with the terms of this Indenture, such Bond shall then cease to bear interest.
SECTION 2.05 Payment.
The principal of and interest on the Bonds shall be payable in lawful money of the United
States of America. The principal of the Bonds and any premium due upon the redemption thereof
shall be payable upon presentation and surrender thereof at maturity or the earlier redemption
thereof at the Principal Corporate Trust Office of the Fiscal Agent.
Interest on any Bond shall be payable from the Interest Payment Date next preceding the date
of authentication of that Bond, unless (i) such date of authentication is an Interest Payment Date, in
which event interest shall be payable from such date of authentication, (ii) the date of authentication
is after a Record Date but prior to the immediately succeeding Interest Payment Date, in which event
interest shall be payable from the Interest Payment Date immediately succeeding the date of
authentication or (iii) the date of authentication is prior to the close of business on the first Record
Date, in which event interest shall be payable from the date of the Bonds; provided, however, that if
at the time of authentication of a Bond, interest is in default, interest on that Bond shall be payable
from the last Interest Payment Date to which the interest has been paid or made available for
payment. Interest on any Bond shall be paid to the person whose name shall appear in the books of
Draft 10.17.02
registration as required by Section 2.08 as the owner of such Bond as of the close of business on the
Record Date immediately preceding such Interest Payment Date. Such interest shall be paid by
check of the Fiscal Agent mailed to such Bondowner at his or her address as it appears on the books
of registration as required by Section 2.08 or, upon the request in writing prior to the Record Date of
a Bondowner of at least $1,000,000 in aggregate principal amount of Bonds, by wire transfer in
immediately available funds to an account in the United States designated by such Owner. Interest
with respect to each Bond shall be computed using a year of 360 days comprised of twelve 30-day
months.
SECTION 2.06 Execution of Bonds.
The Bonds shall be executed manually or in facsimile by the Mayor of the City and
countersigned by the City Clerk of the City, acting on behalf of the District. The Bonds shall then be
delivered to the Fiscal Agent, for authentication and registration. In case an officer who shall have
s~gned or attested to any of the Bonds by facsimile or otherwise shall cease to be such officer before
the authentication, delivery and issuance of the Bonds, such Bonds nevertheless may be
authenticated, delivered and issued, and upon such authentication, delivery and issue, shall be as
binding as though those who signed and attested the same had remained in office.
SECTION 2.07 Order to Print and Authenticate Bonds.
The Director of Finance is hereby instructed to cause Bonds in the form as set forth herein, to
be printed, and to proceed to cause said Bonds to be authenticated and delivered to an authorized
representative of the purchaser, upon payment of the purchase price as set forth in the purchase
contract for thc sale of the Bonds.
SECTION 2.08 Books of Registration; Book Entry System.
There shall be kept by the Fiscal Agent, sufficient books for the registration and transfer of
the Bonds and, upon presentation for such purpose, the Fiscal Agent shall, under such reasonable
regulations as it may prescribe, register or transfer or cause to be registered or transferred, on said
register, Bonds as hereinbefore provided. The ownership of the Bonds shall be established by the
Bond registration books held by the Fiscal Agent. Whenever any Bond or Bonds shall be
surrendered for registration of transfer or exchange, the Fiscal Agent shall authenticate and deliver a
new Bond or Bonds of the same maturity, for a like aggregate principal amount of authorized
denominations; provided that the Fiscal Agent shall not be required to register transfers or make
exchanges of(i) Bonds for a period of 15 days next preceding the date of any selection of the Bonds
to be redeemed, or (ii) any Bonds chosen for redemption.
The Bonds shall be initially issued in the form of a single, fully registered Bond for each
maturity (which may be typewritten). Upon initial issuance, the ownership of such Bonds shall be
registered in the name of the Nominee identified below as nominee of the Depository. Except as
hereinafter provided, all of the Outstanding Bonds shall be registered in the name of the nominee of
the Depository, which may be the Depository, as determined from time to time pursuant to this
Section.
Draft 10.17.02
With respect to the Bonds registered in the name of the Nominee, neither the District nor the
Paying Agent shall have any responsibility or obligation to Participant or to any person on behalf of
which such a Participant holds an interest in the Bonds. Without limiting the immediately preceding
sentence, neither the District nor the Paying Agent shall have any responsibility or obligation (unless
the District is at such time the Depository) with respect to (i) the accuracy of the records of the
Depository, the Nominee, or any Participant with respect to any ownership interest in the Bonds (ii)
the delivery to any Participant or any other person, other than an Owner of a Bond as shown in the
Registration Books, of any notice with respect to the Bonds, including any notice of redemption, (iii)
the selection by the Depository and its Participants of the beneficial interests in the Bonds to be
redeemed in the event the District redeems the Bonds in part, or (iv) the payment to any Participant
or any other person, other than an Owner of a Bond as shown in the Registration Books, of any
amotmt with respect to principal of or interest on the Bonds. The District and the Paying Agent may
treat and consider the person in whose name each Bond is registered as the holder and absolute
Owner of such Bond for the purpose of payment of principal and interest with respect to such Bond
for the purpose of giving notices or prepayment if applicable, and other matters with respect to such
Bond for the purpose of registering transfers with respect to such Bond, and for all other purposes
whatsoever. The District shall pay all principal of and interest on the Bonds only to or upon the
order of the respective Owner of a Bond, as shown in the Registration Books, or his respective
attorney duly authorized in writing, and all such payments shall be valid and effective to fully satisfy
and discharge the District's obligations with respect to payment of principal of and interest on the
Bonds to the extent of the sum or sums so paid. No person other than an Owner of a Bond, as shown
in the Registration Books, shall receive a Bond evidencing the obligation of the District to make
payments of principal and interest pursuant to this Indenture. Upon delivery by the Depository to
the Owners of the Bond, and the District of written notice to the effect that the Depository has
determined to substitute a new nominee in place of the Nominee, and subject to the provisions heroin
with respect to Record Dates, the word Nominee in this Indenture shall refer to such nominee of the
Depository.
In the event (i) the Depository determines not to continue to act as securities depository for
the Bonds, or (ii) the Depository shall no longer so act and gives notice to the District of such
determination, then the District will discontinue the book-entry system with the Depository. If the
District determines to replace the Depository with another qualified securities depository, the
District shall prepare or direct the preparation ora new, single, separate, fully registered Bond, per
maturity, registered in the name of such successor or substitute qualified securities depopitory or its
nominee. If the District fails to identify another qualified securities depository to replace the
Depository, then the Bonds shall no longer be restricted to being registered in the register in the
name of the Nominee, but shall be registered in whatever name or names Owners of the Bonds
transferring or exchanging Bonds shall designate, in accordance with the provisions hereof and the
District shall prepare and deliver Bonds to the Owners thereof for such purpose.
In the event of a reduction in aggregate principal amount of Bonds Outstanding or an
advance refunding of part of the Bonds Outstanding, DTC, in its discretion, (a) may request the
District to prepare and issue a new Bond or (b) may make an appropriate notation on the Bond
indicating the date and amounts of such reduction in principal, but in such event the District records
maintained by the Paying Agent shall be conclusive as to what amounts are Outstanding on the
Bond, except in the case of final maturity, in which case the Bond must be presented to the Paying
Agent prior to payment.
115 /~) ~/8(59
Draft 10.17.02
Notwithstanding any other provision of this Indenture to the contrary, so long as any Bond is
registered in the name of the Nominee, all payments of principal and interest with respect to such
Bond and all notice with respect to such Bonds shall be made and given respectively, as instructed
by the Depository and acceptable to the District.
The initial Nominee shall be Cede & Co., as Nominee of DTC.
SECTION 2.09 Exchange of Bonds.
Bonds may be exchanged at the Principal Corporate Trust Office, for a like aggregate
principal amount of Bonds of authorized denominations, interest rate and maturity, subject to the
terms and conditions of this Indenture, including the payment of certain charges, if any, upon
surrender and cancellation of a Bond. Upon such transfer and exchange, a new registered Bond or
Bonds of any authorized denomination or denominations of the same maturity and for the same
aggregate principal amount will be issued to the transferee in exchange therefor.
SECTION 2.10 Negotiability, Registration and Transfer of Bonds.
The transfer of any Bond may be registered only upon such books of registration upon
surrender thereof to the Fiscal Agent, together with an assignment duly executed by the Owner or his
attorney or legal representative, in satisfactory form. Upon any such registration of transfer, a new
Bond or Bonds shall be authenticated and delivered in exchange for such Bond, in the name of the
transferee, of any denomination or denominations authorized by this Indenture, and in an aggregate
principal amount equal to the principal amount of such Bond or Bonds so surrendered. In all cases
in which Bonds shall be exchanged or transferred, the Fiscal Agent shall authenticate the Bonds in
accordance with the provisions of this Indenture. All Bonds surrendered in such exchange or
transfer shall forthwith be canceled. The Fiscal Agent may make a charge for every such exchange
or registration of transfer of Bonds sufficient to reimburse it for any tax or other governmental
charge required to be paid with respect to such exchange or registration or transfer.
SECTION 2.11 Authentication.
Only such of the Bonds as shall bear thereon a certificate of authentication substantially in
the form below, manually executed by the Fiscal Agent, shall be valid or obligatory for any purpose
or entitled to the benefits of this Indenture, and such certificate of the Fiscal Agent shall be
conclusive evidence that the Bonds so authenticated have been duly executed, authenticated and
delivered hereunder, and are entitled to the benefits of this Indenture:
Draft 10.17.02
FORM OF CERTIFICATE OF A[JTHENTICATION
This is one of the Bonds described in
the within defin~d Indgntur¢,
Dated: U.S. Bank, N.A.,
As Fiscal Agent
By:
Authorized Officer
Draft 10.17.02
ARTICLE III. FUNDS AND ACCOUNTS
SECTION 3.01 Establishment of Special Funds.
The following funds and accounts identified in this Section 3.01 are hereby created and
established and shall be maintained by the Fiscal Agent:
A. Special Tax Fund;
B. Bond Service Fund, and within the Bond Service Fund, the Interest Account, and within the
Interest Account, the Capitalized Interest Sub-Account, and the Principal Account;
C. Rebate Fund;
D. Redemption Fund;
E. Project Fund, and within the Project Fund, the Acquisition Account and the Telegraph
Canyon Roadway Improvement Account;
F. Reserve Fund;
G. Administrative Expense Fund; and
H. Costs of Issuance Fund.
The District may, through written instructions from an Authorized Representative, direct the Fiscal
Agent to establish such other accounts or sub-accounts, as may be necessary to carry out the
administration of the Bonds and the proceeds of the Bonds.
SECTION 3.02 Special Tax Fund.
A. The District shall, no later than the tenth (10th) Business Day after which Special Tax
Revenues have been received by the District and in any event not later than February 15th and
August 15th of each year, transfer such Special Tax Revenues to the Fiscal Agent and, except as set
forth in the following sentence, such amounts shall be deposited in the Special Tax Fund. Special
Tax Revenues representing Prepayments shall be deposited into the Bond Service Fund and the
Administrative Expense Fund as set forth in written instructions from an Authorized Representative.
B. With the exception of Special Tax Revenues representing Prepayments which shall be
transferred pursuant to the provisions of Section 3.02C below, the Special Tax Revenues deposited
in the Special Tax Fund shall be held in trust and deposited in the following accounts of the Special
Tax Fund or transferred to the following other funds and accounts on the dates and in the amounts
set forth in the following paragraphs and in the following order of priority:
1. The Fiscal Agent shall each Fiscal Year transfer to the Administrative Expense Fund
from the first Special Tax Revenues received by the Fiscal Agent during such Fiscal
Year an amount equal to the Administrative Expense Requirement.
19
Draft 10.17.02
2. The Fiscal Agent shall deposit in the Interest Account of the Bond Service Fund, on
each Interest Payment Date and date for redemption of the Bonds, an amount
required to cause the aggregate amount on deposit in the Interest Account to equal
the amount of interest due or becoming due and payable on such Interest Payment
Date on all Outstanding Bonds or to be paid on the Bonds being redeemed on such
date.
3. The Fiscal Agent shall deposit in the Principal Account of the Bond Service Fund, on
each Interest Payment Date and redemption date on which the principal of the Bonds
shall be payable, an amount required to cause the aggregate amount on deposit in the
Principal Account to equal the principal amount of, and premium (if any) on, the
Bonds coming due and payable on such Interest Payment Date, or required to be
redeemed on such date pursuant to this Indenture.
4. On or after March 2 and September 2 of each year after making the transfer and
deposits required under 1. through 3. above, the Fiscal Agent shall transfer the
amount, if any, necessary to replenish the amount then on deposit in the Reserve
Fund to an amount equal to the Reserve Requirement.
5. On or after September 2 of each year after making the deposits and transfers required
under 1. through 4. above, upon receipt of written instructions from an Authorized
Representative, the Fiscal Agent shall transfer from the Special Tax Fund to the
Rebate Fund the amount specified in such request.
6. On or after September 2 of each year after making the deposits and transfers required
under 1. through 5. above, upon receipt of a written request of an Authorized
Representative, the Fiscal Agent shall transfer from the Special Tax Fund to the
Administrative Expense Fund the amounts specified in such request to pay those
Administrative Expenses which the District reasonably expects (a) will become due
and payable during such Fiscal Year or the cost of which Administrative Expenses
have previously been incurred and paid by the District from funds other than the
Administrative Expense Fund and (b) the cost of which Administrative Expenses will
be in excess of the Administrative Expense Requirement for such Fiscal Year.
7. If, on or after September 2 of each year, after making the deposits and transfers
required under 1. through 6. above, monies remain in the Special Tax Fund, such
monies shall remain on deposit in the Special Tax Fund and shall be subsequently
deposited or transferred pursuant to the provisions of 1. through 6. above.
C.- The Fiscal Agent shall, upon receipt of Special Tax Revenues representing Prepayments,
immediately transfer Prepayments to the Bond Service Fund for credit and deposit into the Interest
Account and the Principal Account and utilize such funds to redeem Bonds pursuant to Section 4.03
B(1) and as set forth in written instructions to be delivered to the Fiscal Agent by an Authorized
Representative; provided, however, that any portion of a Prepayment constituting Administrative
Fees and Expenses (as defined in the Special Tax RMA) shall be deposited into the Administrative
Expense Fund as set forth in such written instructions. The Fiscal Agent may conclusively rely upon
such instructions.
20
Draft 10.17.02
D. When there are no longer any Bonds Outstanding, any amounts then remaining on deposit in
the Special Tax Fund shall be transferred to the District and used for any lawful purpose under the
Act.
SECTION 3.03 Bond Service Fund.
A. Interest Account. All moneys in the Interest Account, including the Capitalized Interest Sub-
Account, shall be used and withdrawn by the Fiscal Agent solely for the purpose of paying interest
on the Bonds as it shall become due and payable (including accrued interest on any Bonds redeemed
prior to maturity). All funds in the Capitalized Interest Sub-Account shall be used and withdrawn to
pay interest on the Bonds prior to using any other funds on deposit in the Interest Account for such
purpose.
B. Principal Account. All moneys in the Principal Account shall be used and withdrawn by the
Fiscal Agent solely for the purpose of(i) paying the principal of the Bonds at the maturity thereof,
(ii) paying the principal of the Term Bonds upon the mandatory sinking fund redemption thereof
pursuant to this Indenture, or (iii) paying the principal of and premium (if any) on any Bonds upon
the optional or extraordinary mandatory redemption thereof pursuant to Section 4.03A and B(1) of
this Indenture.
SECTION 3.04 Costs of Issuance Fund.
The Fiscal Agent shall, upon the written requisition executed by an Authorized
Representative, disburse money from the Costs of Issuance Fund, if any, on such dates and in such
amounts as specified in such requisition to pay the Costs of Issuance related to each series of the
Bonds. Any amounts remaining on deposit in the Costs of Issuance Fund on the earlier of the date
on which all Costs of Issuance have been paid as stated in writing by an Authorized Representative
delivered to the Fiscal Agent or six months after the Delivery Date of each series of the Bonds shall
be transferred to the Project Fund.
SECTION 3.05 Project Fund
A. Acquisiton Account. The Fiscal Agent shall, from time to time, disburse monies from the
Acquisition Account to pay the Project Costs. Upon receipt ora payment request duly executed by
an Authorized Representative (which payment request shall not exceed the corresponding payment
request provided to the City under the Acquisition/Financing Agreement), the Fiscal Agent shall pay
the Project Costs from amounts in the Acquisition Account directly to the contractor(s) or such other
person(s), corporation(s) or entity(ies) specified in the payment request (including reimbursements,
if any, to the District). The Fiscal Agent may rely on an executed payment request as complete
authorization for said payments.
After the final payment or reimbursement of all Project Costs, as certified by delivery ora
written notice from an Authorized Representative to the Fiscal Agent, the Fiscal Agent shall transfer
excess monies, if any, on deposit in, or subsequently deposited in, the Project Fund to the Special
Tax Fund or the Redemption Fund as an Authorized Representative may direct in writing and the
Draft 10.17.02
Fiscal Agent shall apply the amount so transferred in accordance with Section 3.02 or 3.08 as
directed by the Authorized Representative. Upon such transfer the Project Account shall be closed.
On or after ., 2005, the District may deliver to the Fiscal Agent a written certificate
executed by an Authorized Representative certifying that the District, in its sole and absolute
discretion, has determined that it will not be necessary for the District to utilize the proceeds of the
Bonds, together with any investment earnings on such proceeds, then remaining on deposit in the
Project Fund to fund Project Costs and directing the Fiscal Agent to transfer all such moneys to the
Redemption Fund for the purpose of redeeming Bonds prior to maturity pursuant to Section
4.03B(2). Upon receipt of such certificate, the Fiscal Agent shall transfer such moneys to the
Redemption Fund as so directed. Upon such transfer the Project Account shall be closed.
Notwithstanding anything herein to the contrary, if on the date which is three (3) years from
the Delivery Date of any series of the Bonds, any funds derived from such series of the Bonds
remain on deposit in the Acquisition Account, the Fiscal Agent shall immediately restrict the Yield
on such amounts so that the Yield earned on the investment of such amounts is not in excess of the
Yield on the Bonds, unless in the written opinion of Bond Counsel delivered to the Fiscal Agent
such restriction is not necessary to prevent an impairment of the exclusion of interest on the Bonds
from gross income for federal income tax purposes.
B. Telegraph Canyon Roadway Improvement Account. The Fiscal Agent shall, from time to
time, disburse monies from the Telegraph Canyon Roadway Improvement Account to pay the
Telegraph Canyon Roadway Improvement Costs. Upon receipt of a payment request duly executed
by an Authorized Representative, the Fiscal Agent shall pay the Telegraph Canyon Roadway
Improvement Costs from amounts in the Telegraph Canyon Roadway Improvement Account directly
to the contractor(s) or such other person(s), corporation(s) or entity(ies) specified in the payment
request (including reimbursements, if any, to the District). The Fiscal Agent may rely on an executed
payment request as complete authorization for said payments. Funds on deposit in the Telegraph
Canyon Roadway Improvement Account may not be utilized to pay Project Costs.
After the final payment or reimbursement of all Telegraph Canyon Roadway Improvement
Costs, as certified by delivery of a written notice from an Authorized Representative to the Fiscal
Agent, the Fiscal Agent shall transfer excess monies, if any, on deposit in, or subsequently deposited
in, the Telegraph Canyon Roadway Improvement Account to the Project Account, if such account is
still open, or to the Special Tax Fund or the Redemption Fund as an Authorized Representative may
direct in writing if the Project Account is closed and the Fiscal Agent shall apply the amount so
transferred in accordance with Section 3.02 or 3.08 as directed by the Authorized Representative.
On or after ., 2005, the District may deliver to the Fiscal Agent a written certificate
executed by an Authorized Representative certifying that the District, in its sole and absolute
discretion~ has determined that it will not be necessary for the District to utilize the proceeds of the
Bonds, together with any investment earnings on such proceeds, then remaining on deposit in the
Project Fund to fund Project Costs and directing the Fiscal Agent to transfer all such moneys to the
Redemption Fund for the purpose of redeeming Bonds prior to maturity pursuant to Section
4~03B(2). Upon receipt of such certificate, the Fiscal Agent shall transfer such moneys to the
Redemption Fund as so directed.
Draft 10.17.02
Notwithstanding anything herein to the contrary, if on the date which is three (3) years from the
Delivery Date of any series of the Bonds, any fimds derived from such series of the Bonds remain on
deposit in the Project Fund, the Fiscal Agent shall immediately restrict the Yield on such amounts so
that the Yield earned on the investment of such amounts is not in excess of the Yield on such series
of the Bonds, unless in the written opinion of Bond Counsel delivered to the Fiscal Agent such
restriction is not necessary to prevent an impairment of the exclusion of interest on such series of the
Bonds from gross income for federal income tax purposes.
C. Other Transfers Between the Accounts in the Project Fund. In addition to transfers made
pursuant to subjections A. and B. above, the Fiscal Agent shall, from time to time and as directed by
the District by written instruction from an Authorized Representative given pursuant to the
Acquisition/Financing Agreement, transfer such fimds as are specified in such written instruction
between the Telegraph Canyon Roadway Improvement Account and the Acquisition Account and
between the Acquisition Account and the Telegraph Canyon Roadway Improvement Account.
SECTION 3.06 Reserve Fund
Moneys on deposit in the Reserve Fund shall be used solely for the purpose of paying the
principal of and interest on the Bonds as such amounts shall become due and payable in the event
that the moneys in the Special Tax Fund and the Bond Service Fund for such purpose are insufficient
therefor or redeeming Bonds as described below. The Fiscal Agent shall, when and to the extent
necessary, withdraw money from the Reserve Fund and transfer such money to the Bond Service
Fund or the Redemption Fund for such purpose.
All Authorized Investments in the Reserve Fund shall be valued at their fair market value at
least semi-annually on March 1 and September 1. On any date after the transfers required by Section
3.02B(1) and (2) have been made for any Bond Year, if the amount on deposit in the Reserve Fund
is less than the Reserve Requirement, the Fiscal Agent shall transfer to the Reserve Fund from the
first available monies in the Special Tax Fund an amount necessary to increase the balance therein to
the Reserve Requirement. If on September 1, or the first Business Day thereafter if September ! is
not a Business Day, of each year, the amount on deposit in the Reserve Fund is in excess of the
Reserve Requirement, the Fiscal Agent shall, as directed in writing by an Authorized Representative,
(i) prior to the final payment or reimbursement of all Project Costs or a determination by the City
Manager, or the designee thereof, that amounts in the Project Fund are sufficient to pay all
remaining Project Costs for which a payment request has been or is expected to be submitted,_as
evidenced by a written certificate of an Authorized Representative, transfer such excess to the
Project Fund, and (ii) at~er receipt of such written certificate, transfer such excess (less the hold
back of funds sufficient to pay all remaining Project Costs for which a payment request has been or
is expected to be received, if applicable) to the Special Tax Fund. In connection with any optional or
extraordinary mandatory redemption of Bonds, amounts in the Reserve Fund in excess of the
Reserve Requirement following such redemption shall be transferred to the Principal Account or the
Interest Account of the Bond Service Fund, as applicable, pursuant to written instructions of the
District executed by an Authorized Representative and applied to redeem Bonds.
Upon receipt of written instructions from an Authorized Representative instructing the Fiscal
Agent to transfer certain moneys representing a Reserve Fund credit for the prepayment of a Special
Tax obligation, the Fiscal Agent shall transfer the amount specified in such instructions from the
23 / ~)
Draft 10.17.02
Reserve Fund to the Redemption Fund for the purpose of redeeming Bonds pursuant to such
instructions.
Whenever the balance in the Reserve Fund exceeds the amount required to redeem or pay the
Outstanding Bonds, including interest accrued to the date of payment or redemption and premium, if
any, due upon redemption, the Fiscal Agent shall transfer the amount in the Reserve Fund to the
Redemption Fund to be applied, on the next succeeding interest payment date, to the payment and
redemption, in accordance with Section 4.03 of all of the Outstanding Bonds. In the event that the
amount so transferred fi.om the Reserve Fund to the Redemption Fund exceeds the amount required
to pay and redeem the Outstanding Bonds, the balance in the Reserve Fund shall be transferred to
the District to be used for any lawful purpose of the District as set forth in the Act.
SECTION 3.07 Rebate Fund.
The District shall calculate Excess Investment Earnings as defined in, and in accordance
with, the Rebate Instructions, and shall, in writing, direct the Fiscal Agent to transfer funds to the
Rebate Fund from funds furnished by the District as provided for in this Indenture and the Rebate
Instructions.
Notwithstanding the foregoing, the Rebate Instructions, including the method of computing
Excess Investment Earnings (as defined in the Rebate Instructions) may be modified, in whole or in
part, without the consent of the Owners of the Bonds, upon receipt by the District of an opinion of
Bond Counsel to the effect that such modification shall not adversely affect the exclusion from gross
income of interest on the Bonds then Outstanding for federal income tax purposes.
The Fiscal Agent shall not be responsible for calculating rebate amounts or for the adequacy
or correctness of any rebate report or rebate calculations. The Fiscal Agent shall be deemed
conclusively to have complied with the provisions of this Indenture regarding calculation and
payment of rebate if it follows the directions of the District and it shall have no independent duty to
review such calculations or enforce the compliance by the District with such rebate requirements.
SECTION 3.08 Redemption Fund.
Monies may be deposited by the District or the Fiscal Agent pursuant to the terms of Section
3.05 B or 3.06 into the Redemption Fund and shall be set aside and used solely for the purpose of
redeeming Bonds in accordance with Section 4.03 B(2) hereofi Following the redemption of any
Bonds, if any funds remain in the Redemption Fund, such funds shall be transferred to the Special
Tax Fund.
SECTION 3.09 Administrative Expense Fund.
The Fiscal Agent shall deposit from time to time the amounts authorized for deposit therein
pursuant to Section 3.02. The moneys in the Administrative Expense Fund shall be used to pay
Administrative Expenses fi.om time to time upon receipt by the Fiscal Agent of a written request
executed by an Authorized Representative specifying the name and address of the payee and the
amount of the Administrative Expense and a description thereof and further stating that such request
has not formed the basis of any prior request for payment.
24
Draft 10.17.02
SECTION 3.10 Investment of Funds.
Unless otherwise specified in this Indenture, monies in the Special Tax Fund, the Bond
Service Fund, the Project Fund, the Reserve Fund, the Costs of Issuance Fund and Administrative
Expense Fund shall, at thc written direction of an Authorized Representative given at least two (2)
days prior, be invested and reinvested in Permitted Investments (including investments with the
Fiscal Agent or an affiliate of the Fiscal Agent or investments for which the Fiscal Agent or an
affiliate of the Fiscal Agent acts as investment advisor or provides other services so long as the
investments are Permitted Investments). Monies in thc Redemption Fund and the Rebate Fund shall,
at the written direction of an Authorized Representative, be invested in Government Obligations.
Notwithstanding anything herein to the contrary, in thc absence of written investment instructions,
the Fiscal Agent shall invest solely in investments identified in paragraph 7 of the definition of
Permitted Investments.
The District acknowledges that to the extent regulations of thc Comptroller of the Currency
or other applicable regulatory entity grant the District the right to receive brokerage confirmations of
security transactions as they occur, the District specifically waives receipt of such confirmations to
the extent permitted by law. The Fiscal Agent will furnish the District periodic cash transaction
statements, which include detail for all investment transactions made by the Fiscal Agent hereunder.
Obligations purchased as investments of monies in any fund or account shall be deemed at all
times to be a part of such fund or account. Any income realized on or losses resulting from
investments in any fund or account shall be credited or charged to such fund or account. Subject to
thc restrictions set forth herein and/or any written investment instructions received by Fiscal Agent
pursuant to this Section 3.10, monies in said funds and accounts may be from time to time invested
by the Fiscal Agent in any manner so long as:
(1) Monies in the Project Fund, Administrative Expense Fund and Rebate Fund shall be
invested in obligations which will by their terms mature as close as practicable to the
date the District estimates the monies represented by the particular investment will
be needed for withdrawal from such Fund; and
(2) Monies in the Special Tax Fund, the Bond Service Fund, the Redemption Fund and
the Reserve Fund shall be invested only in obligations which will by their terms
either mature or allow for withdrawals at par on such dates so as to ensure the
payment of principal and interest on the Bonds as the same become due; provided,
however, that except for investment agreements as described in paragraph 11 of the
definition of Permitted Investments which permit withdrawal at par, investment of
monies on deposit in the Reserve Fund shall have an average aggregate weighted
term not greater that five (5) years.
The Fiscal Agent shall sell or present for redemption any obligations so purchased whenever
it may be necessary to do so in order to provide monies to meet any payment or transfer for such
funds and accounts or from such funds and accounts. The Fiscal Agent shall not be liable for any
loss from any investments made or sold by it in accordance with the provisions of this Indenture.
Draft 10.17.02
SECTION 3.11 Disposition of Bond Proceeds.
Upon the receipt of $ as sale proceeds for the Bonds (being the par amount
of SXX,XXX,000 less the underwriter's discount of $ and original issue discount of
.), the Fiscal Agent shall transfer or set aside and deposit or cause to be deposited such
funds as follows:
$ shall be deposited in the Acquisition Account of the Project Fund;
$ shall be deposited in the Telegraph Canyon Roadway Account of the Project
Fund;
$ shall be deposited in the Reserve Fund;
$ shall be deposited into the Costs of Issuance Fund;
$ shall be deposited in the Capitalized Interest Sub-Account of the Interest
Account of the Bond Service Fund; and
$ 75,000.00 shall be deposited in the Administrative Expense Fund.
The Fiscal Agent may establish such temporary funds or accounts on its records, as it may deem
appropriate to facilitate such deposits and transfers.
Draft 10.17.02
ARTICLE IV. REDEMPTION
SECTION 4.01 Notice of Redemption.
A. Notice by Mail to Bondholders:
The Fiscal Agent shall mail, at least thirty (30) days but not more than forty-five (45) days
prior to the date of redemption, notice of intended redemption, by first-class mail, postage prepaid,
to the original purchasers of the Bonds and thc respective registered Owners of the Bonds at the
addresses appearing on the Bond registry books. The notice of redemption shall: (a) state the
redemption date; (b) state the redemption price; (c) state the bond registration numbers, dates of
maturity and CUSIP numbers of the Bonds to be redeemed, and in the case of Bonds to be redeemed
in part, the respective principal portions to be redeemed; provided, however, that whenever any call
includes all Bonds of a maturity, the numbers of the Bonds of such maturity need not be stated; (d)
state that such Bonds must be surrendered at the principal corporate trust office of the Fiscal Agent;
(e) state that further interest on such Bonds will not accrue from and after the designated redemption
date; (f) state thc date of the issue of the Bonds as originally issued; (g) state the rate of interest
borne by each Bond being redeemed; and (h) state that any other descriptive information needed to
identify accurately the Bonds being redeemed as the District shall direct.
B. Further Notice:
In addition to the notice of redemption given pursuant to Section 4.01A above, further notice
shall be given as set out below, but no defect in said further notice nor any failure to give all or any
portion of such further notice shall in any manner defeat the effectiveness ora call for redemption if
notice thereof is given as above prescribed.
Each further notice of redemption shall be sent at least 2 days before the notice of
redemption is mailed to the Bondholders pursuant to Section 4.0 lA by registered or certified mail or
overnight delivery service to the Securities Depositories and to at least one (1) Information Services
that disseminate notice of redemption of obligations similar to the Bonds or, in accordance with the
then-current guidelines of the Securities and Exchange Commission, such other services providing
information on called bonds, or no such other services, as District may determine in its sole
discretion.
C. Failure to Receive Notice
So long as notice by first class mail has been provided as set forth in Section 4.01 A above,
the actual receipt by the Owner of any Bond of notice of such redemption shall not be a condition
precedent to redemption, and failure to receive such notice shall not affect the validity of the
proceedings for redemption of such Bonds or the cessation of interest on the date fixed for
redemption.
D. Certificate of Giving Notice
The notice or notices required by this Section shall be given by the Fiscal Agent on behalf of the
District. A certificate by the Fiscal Agent that notice of call and redemption has been given to the
27 / [~
Draft 10.17.02
registered Owners of the Bonds as herein provided shall be conclusive as against all parties, and no
Owner whose Bond is called for redemption may object thereto, or object to cessation of interest on
the redemption date, by any claim or showing that he failed to receive actual notice of call and
redemption.
SECTION 4.02 Effect of Redemption.
When notice of redemption has been given substantially as provided for herein, and when the
amount necessary for the redemption of the Bonds called for redemption is set aside for that purpose
in the Redemption Fund, as provided for herein, the Bonds designated for redemption shall become
due and payable on the date fixed for redemption thereof, and upon presentation and surrender of
said Bonds at the place specified in the notice of redemption, said Bonds shall be redeemed and paid
at the redemption price out of the Redemption Fund and no interest will accrue on such Bonds or
portions of Bonds called for redemption from and after the redemption date specified in said notice,
and the Owners of such Bonds so called for redemption after such redemption date shall look for the
payment of principal and premium, if any, of such Bonds or portions of Bonds only to said
Redemption Fund. All Bonds redeemed shall be canceled forthwith by the Fiscal Agent and shall
not be reissued. Upon surrender of Bonds redeemed in part, a new Bond or Bonds of the same
maturity shall be registered, authenticated and delivered to the registered Owner at the expense of
the District, in the aggregate principal amount of the unredeemed portion. All unpaid interest
payable at or prior to the date fixed for redemption shall continue to be payable to the respective
registered owners of such Bonds or their order, but without interest thereon.
SECTION 4.03 Redemption Prices and Terms.
A. Optional Redemption
The Bonds maturing on and after September 1, 20__ may be redeemed at the option of the
District prior to maturity as a whole, or in part on any Interest Payment Date on and after September
1, 20__, from such maturities as are selected by the District, and by lot within a maturity, from any
source of funds, at the following redemption prices (expressed as percentages of the principal
amount of the Bonds to be redeemed), together with accrued interest to the date of redemption:
Redemption Date Redemption Price
September 1, 20__ and March 1, 20__ 102%
September 1, 20__ and March 1, 20__ 101%
September 1, 20__ and thereafter 100%
B. Extraordinary Mandatory Redemption. Redemption Prom Proceeds of Special Tax
Prepayment. The Bonds shall be subject to redemption on any Interest Payment Date, prior to
maturity, as a whole or in part on a pro rata basis among maturities from the prepayment of Special
Taxes pursuant to the Special Tax RMA. An Authorized Representative shall deliver written
instructions to the Fiscal Agent not less than 60 days prior to the redemption date directing the Fiscal
Agent to utilize the Special Tax Revenues transferred to the Principal Account of the Bond Service
Fund pursuant to Section 3.02 C to redeem Bonds pursuant to this Section 4.03 B(1). Such
extraordinary mandatory redemption of the Bonds shall be at the following redemption prices
28 t
Draft 10.17.02
(expressed as percentages of the principal amount of the Bonds to be redeemed), together with
accrued interest thereon to the date of redemption:
Redemption Date Redemption Price
September 1, 2003 through March 1, 20__ 103%
September 1, 20__ and March 1, 20__ 102%
September 1, 20__ and March 1, 20__ 101%
September 1, 20__ and thereafter 100%
C. Mandatory Sinking Fund Redemption
The Bonds maturing on September 1, 20__ are subject to mandatory sinking fund
redemption, in part by lot, on September 1 in each year commencing September 1, 20__, at a
redemption price equal to the principal amount of the Bonds to be redeemed, plus accrued and
unpaid interest thereon to the date fixed for redemption, without premium in the aggregate principal
amount and in the years shown on the following redemption schedule:
Redemption Date Principal
(September 1) Amount
The Bonds maturing on September 1, 20__, are subject to mandatory sinking fund redemption, in
part, by lot, on September 1 of each year commencing September 1, 20__, at a redemption price
equal to the principal amount of the Bonds to be redeemed, plus accrued and unpaid interest thereon
to the date fixed for redemption, without premium, in the aggregate principal amounts and in the
years shown in the following redemption schedule.
Redemption Date Principal
September 1) Amount
D. Purchase in Lieu of Redemption
Draft 10.17.02
In lieu of such an optional, extraordinary mandatory or mandatory sinking fund redemption,
the District may elect to purchase such Bonds at public or private sale at such prices as the District
may in its discretion determine; provided, that, unless otherwise authorized by law, the purchase
price (including brokerage and other charges) thereof shall not exceed the principal amount thereof
plus accrued interest to the purchase date.
E. Notice and Selection of Bonds for Redemption
In the event the District shall elect to redeem Bonds as provided in this Section 4.03, the District
shall give written notice to the Fiscal Agent of its election so to redeem, the redemption date, the
principal amount of the Bonds to be redeemed, the maturities from which such Bonds are to be
redeemed and the principal amount of the Bonds to be redeemed from each such maturity, the Bonds
or portions thereof to be selected for redemption.
The notice to the Fiscal Agent shall be given not less than sixty (60) days prior to the
redemption date or such shorter period as shall be acceptable to the Fiscal Agent. If less than all of
the Bonds Outstanding are to be redeemed, the portion of any Bond of a denomination of more than
$5,000 to be redeemed shall be in the principal amount of $5,000 or a multiple thereof, and, in
selecting portions of such Bonds for redemption, the District shall treat each such Bond as
representing that number of Bonds of $5,000 denomination which is obtained by dividing the
principal amount of such Bond to be redeemed in part by $5,000.
30 / 0-' L)O
Draft 10.17.02
ARTICLE V. SUPPLEMENTAL INDENTURES
SECTION 5.01 Amendments or Supplements.
The Legislative Body may, by adoption ora resolution from time to time, and at any time but
without notice to or consent of any of the Bondholders, approve a Supplemental Indenture hereto for
any of the following purposes:
(a) to cure any ambiguity, to correct or supplement any provision herein which may be
inconsistent with any other provision herein, or to make any other provision with
respect to matters or questions arising under this Indenture or in any Supplemental
Indenture, provided that such action shall not be materially adverseto the interests of
the Bondowners;
(b) to add to the covenants and agreements of and the limitations and the restrictions
upon the District contained in this Indenture, other covenants, agreements,
limitations and restrictions to be observed by the District which are not contrary to or
inconsistent with this Indenture as theretofore in effect;
(c) to modify, alter, amend or supplement this Indanture in any other respect which is
not materially adverse to the interests of the Bondowners; and
(d) to amend any provision of this Indenture relating to the Code as may be necessary or
appropriate to assure compliance with thc Code and thc exclusion from gross income
of interest on the Bonds.
Exclusive of the Supplemental Indentures hereto provided for in the first paragraph of this
Section 5.01, the Owners of not less than 60% in aggregate principal amount of the Bonds then
Outstanding shall have the right to consent to and approve the adoption by the District of such
Supplemental Indentures as shall be deemed necessary or desirable by the District for the purpose of
waiving, modifying, altering, amending, adding to or rescinding, in any particular, any of the terms
or provisions contained in this Indenture; provided, however, that nothing herein shall permit, or be
construed as permitting, (a) an extension of the maturity date of the principal of, or the payment date
of interest on, any Bond, or (b) a reduction in the principal amount of, or redemption premium on,
any Bond or the rate of interest thereon without the consent of the affected Bondowner(s), or permit,
or be construed as permitting, (x) a preference or priority of any Bond or Bonds over any other Bond
or Bonds, (y) a reduction in the aggregate principal amount of the Bonds the Owners of which are
required to consent to such Supplemental Indenture, or (z) creating of a pledge of or lien or charge
upon the Special Tax Revenues superior to the pledge provided for in Section 2.02 hereof, without
the consent of the Owners of all Bonds then Outstanding.
If at any time the District shall desire to approve a Supplemental Indenture, which pursuant
to the terms of this Section 5.01 shall require the consent of the Bondowners, the District shall so
notify the Fiscal Agent and shall deliver to the Fiscal Agent a copy of the proposed Supplemental
Indenture. The District shall, at the expense of the District, cause notice of the proposed
Supplemental Indenture to be mailed, postage prepaid, to all Bondowners at their addresses as they
appear in the bond register. Such notice shall briefly set forth the nature of the proposed
Draft 10.17.02
Supplemental Indenture and shall state that a copy thereof is on file at the principal office of the
District for inspection by all Bondowners. The failure of any Bondowner to receive such notice
shall not affect the validity of such Supplemental Indenture when consented to and approved as in
this Section 5.01 provided. Whenever at any time within one year after the date of the first mailing
of such notice, the District shall receive an instrument or instruments purporting to be executed by
the Owners of not less than 60% in aggregate principal amount of the Bonds then Outstanding,
which instrument or instruments shall refer to the proposed Supplemental Indenture described in
such notice, and shall specifically consent to the approval thereof by the Legislative Body
substantially in the form of the copy thereof referred to in such Notice as on file with the District,
such proposed Supplemental Indenture, when duly approved by the Legislative Body, shall
thereafter become a part of the proceedings for the issuance of the Bonds. In determining whether
the Owners of 60% of the aggregate principal amount of the Bonds have consented to the approval
of any Supplemental Indenture, Bonds which are owned by the District or by any person directly or
indirectly controlling or controlled by or under the direct or indirect common control with the
District, shall be disregarded and shall be treated as though they were not outstanding for the
purpose of any such determination.
Upon the approval of any Supplemental Indenture hereto and the receipt of consent to any
such Supplemental Indenture fi.om the Owners of the appropriate aggregate principal amount of
Bonds in instances where such consent is required pursuant to the provisions of this Section 5.01,
this Indenture shall be, and shall be deemed to be, modified and amended in accordance therewith,
and the respective rights, duties and obligations under this Indenture of the District and all Owners
of Bonds then Outstanding shall thereafter be determined, exercised and enforced hereunder, subject
in all respects to such modifications and amendments. Notwithstanding anything herein to the
contrary, no Supplemental Indenture shall be entered into which would modify the duties of the
Fiscal Agent hereunder, without the prior written consent of the Fiscal Agent.
Draft 10.17.02
ARTICLE VI. MISCELLANEOUS CONDITIONS
SECTION 6.01 Ownership of Bonds.
The person in whose name any Bond shall be registered shall be deemed and regarded as the
absolute Owner thereof for all purposes, and payment of or on account of the principal and
redemption premium, if any, of any such Bond, and the interest on any such Bond, shall be made
only to or upon the order of the registered Owner thereof or his legal representative. All such
payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including
the redemption premium, if any, and interest thereon, to the extent of the sum or sums so paid.
SECTION 6.02 Mutilated, Lost, Destroyed or Stolen Bonds.
If any Bond shall become mutilated, the Fiscal Agent shall authenticate and deliver a new
Bond of like tenor, date and maturity in exchange and substitution for the Bond so mutilated, but
only upon surrender to the Fiscal Agent of the Bond so mutilated. Every mutilated Bond so
surrendered to the Fiscal Agent shall be canceled. If any Bond shall be lost, destroyed or stolen,
evidence of such loss, destruction or theft may be submitted to the Fiscal Agent and, if such
evidence is satisfactory to the Fiscal Agent and, if an indemnity satisfactory to the Fiscal Agent shall
be given, the Fiscal Agent shall authenticate and deliver a new Bond of like tenor and maturity,
numbered and dated as the Fiscal Agent shall determine in lieu of and in substitution for the Bond so
lost, destroyed or stolen. Any Bond issued under the provisions of this Section 6.02 in lieu of any
Bond alleged to have been lost, destroyed or stolen shall be equally and proportionately entitled to
the benefits hereof with all other Bonds secured hereby. The Fiscal Agent shall not treat both the
original Bond and any replacement Bond as being Outstanding for the purpose of determining the
principal amount of Bonds which may be executed, authenticated and delivered hereunder or for the
purpose of determining any percentage of Bonds Outstanding hereunder, but both the original and
replacement Bond shall be treated as one and the same.
SECTION 6.03 Cancellation of Bonds.
All Bonds paid or redeemed, either at or before maturity, shall be canceled upon the payment
or redemption of such Bonds, and shall be delivered to the Fiscal Agent when such payment or
redemption is made. AIl Bonds canceled under any of the provisions of this Indenture shall be
destroyed by the Fiscal Agent, which shall execute and provide the District with a certificate of
destruction.
SECTION 6.04 Covenants.
As long as the Bonds are Outstanding and unpaid, the District, acting on behalf of the
District, shall (through its proper members, officers, agents or employees) faithfully perform and
abide by all of the covenants and agreements set forth in this Section 6.04; provided, however, that
said covenants do not require the District to expend any funds other than the Special Tax Revenues.
A. The District will review the public records of the County of San Diego, California, in
connection with the collection of the Special Taxes not later than July 1 of each year to determine
the amount of the Special Tax collected in the prior Fiscal Year and will commence and diligently
Draft 10.17.02
pursue to completion, judicial foreclosure proceedings against (i) properties under common
ownership with delinquent Special Taxes in the aggregate'of $5,000 or more by October 1 following
the close of the Fiscal Year in which the Special Taxes were due, and (ii) against all properties with
delinquent Special Taxes in the aggregate of $2,500 or more by October I following the close of any
Fiscal Year if the amount of the Reserve Fund is less than the Reserve Requirement.
B. The District shall preserve and protect the security of the Bonds and the rights of the
Bondowners and defend their rights against all claims and demands of all persons. Until such time
as an amount has been set aside sufficient to pay Outstanding Bonds at maturity or to the date of
redemption if redeemed prior to maturity, plus unpaid interest thereon and premium, if any, to
maturity or to the date of redemption if redeemed prior to maturity, the District will faithfully
perform and abide by all of the covenants, undertakings and provisions contained in this Indenture or
in any Bond issued hereunder.
C. The District will not issue any other obligations payable, principal or interest, from the
Special Taxes which have, or purport to have, any lien upon the Special Taxes superior to or on a
parity with the lien of the Bonds herein authorized. Nothing in this Indenture shall prevent the
District from issuing and selling, pursuant to law, refunding bonds or other refunding obligations
payable from and having a first lien upon the Special Taxes on a parity with the Outstanding Bonds
so long as the issuance of such refunding bonds or other refunding obligations results in a reduction
in the Annual Debt Service on the Bonds and such refunding bonds or other refunding obligations
taken together.
D. The District will duly and punctually pay or cause to be paid the principal of and interest on
each of the Bonds issued hereunder on the date, at the place and in the manner provided in said
Bonds, but only out of Special Tax Revenues and such other funds as may be herein provided.
E. The District shall comply with all requirements of the Act so as to assure the timely
collection of the Special Taxes. Prior to July 1 of each year, the District shall ascertain the parcels on
which the Special Taxes are to be levied in the following Fiscal Year, taking into account any
subdivisions of parcels during the current Fiscal Year. The District shall effect the levy of the
Special Tax in accordance with the Special Tax RMA and the Act each Fiscal Year so that the
computation of such levy is complete and transmitted to the Auditor of the County of San Diego
before the final date on which the Auditor of the County of San Diego will accept the transmission
of the Special Tax for the parcels within Improvement Area A for inclusion on the next real property
tax roll. Upon completion of the computation of the amount of the Special Tax levy, the District
shall prepare or cause to be prepared, and shall transmit or cause to be transmitted to the Auditor of
the County of San Diego, such data as such Auditor requires to include the levy of the Special Tax
on the next real property tax roll.
The District finds and determines that, historically, delinquencies in the payment of special
taxes authorized pursuant to the Act in community facilities districts in Southern California have
from time to time been at levels requiring the levy of special taxes at the maximum authorized rates
in order to make timely payment of principal of and interest on the outstanding indebtedness of such
community facilities districts. For this reason, the District has determined that, absent the
certification described below, a reduction in the Maximum Annual Special Tax (as such term is
defined in the Special Tax RMA) authorized to be levied below the levels provided would interfere
Draft 10.17.02
with the timely retirement of the Bonds. The District has determined it to be necessary in order to
preserve the security for the Bonds to covenant, and, to the maximum extent that the law permits it
to do so, the District does covenant, that it shall not initiate proceedings to reduce the Maximum
Special Tax Rates (as such term is defined in the Special Tax RMA), unless, in connection
therewith, (i) the District receives a certificate from one or more Special Tax Consultants which,
when taken together, certify that, on the basis of the parcels of land and improvements existing in
Improvement Area A as of the July 1 preceding the reduction, the Maximum Annual Special Tax
which may be levied on all Assessor's Parcels (as such term is defined in the Special Tax RMA) of
taxable property on which a completed structure is located in each Fiscal Year will equal at least
110% of the gross debt service on all Bonds to remain Outstanding after the reduction is approved
and will not reduce the Maximum Annual Special Tax payable from parcels on which a completed
structure is located to less than 110% of Maximum Annual Debt Service, and (ii) the City Council,
acting as the legislative body of the District, finds pursuant to this Indenture that any reduction made
under such conditions will not adversely affect the interests of the Owners of the Bonds. Any
reduction in the Maximum Annual Special Tax approved pursuant to the preceding sentence may be
approved without the consent of the Owners of the Bonds.
The District covenants that, in the event that any initiative is adopted by the qualified electors
which purports to reduce the Maximum Annual Special Tax below the levels authorized pursuant to
the Special Tax RMA or to limit the power or authority of the District to levy Special Taxes
pursuant to the Special Tax RMA, the District shall, from funds available hereunder, commence and
pursue legal action in order to preserve the authority and power of the District to levy Special Taxes
pursuant to the Special Tax RMA.
F. The District will at all times keep, or cause to be kept, proper and current books and accounts
(separate from all other records and accounts) in which complete and accurate entries shall be made
of all transactions relating to the Special Tax Revenues and other funds herein provided for.
G. The District will not directly or indirectly use or permit the use of any proceeds of the Bonds
or any other funds of the District or take or omit to take any action that would cause the Bonds to be
"private activity bonds" within the meaning of Section 141 of the Code, or obligations which are
"federally guaranteed" within the meaning of Section 149(b) of the Code. The District will not
allow five percent (5%) or more of the proceeds of the Bonds to be used in the trade or business of
any non-governmental units and will not loan five percent (5%) or more of the proceeds of the
Bonds to any non-governmental units.
H. The District covenants that it will not take any action, or fail to take any action, if any such
action or failure to take action would adversely affect the exclusion from gross income of the interest
on the Bonds under Section 103 of the Code. The District will not directly or indirectly use or
permit the use of any proceeds of the Bonds or any other funds of the District, or take or omit to take
any action, that would cause the Bonds to be "arbitrage bonds" within the meaning of Section 148(a)
of the Code. To that end, the District will comply with all requirements of Section 148 of the Code
to the extent applicable to the Bonds. In the event that at any time the District is of the opinion that
for purposes of this Section it is necessary to restrict or limit the yield on the investment of any
monies held under this Indenture or otherwise the District shall so instruct the Fiscal Agent in
writing, and the Fiscal Agent shall take such action as may be necessary in accordance with such
instructions.
Draft 10.17.02
Without limiting the generality of'the foregoing, the District agrees that there shall be paid
from time to time all amounts required to be rebated to the United States of America pursuant to
Section 148(f) of the Code and any temporary, proposed or final Treasury Regulations as may be
applicable to the Bonds fi.om time to time. This covenant shall survive payment in full or defeasance
of the Bonds. The District specifically covenants to pay or cause to be paid to the United States of
America at the times and in the amounts determined under Section 3.07.
Notwithstanding any provision of this Section, if the District shall obtain an opinion of Bond
Counsel to the effect that any action required under this covenant is no longer required, or to the
effect that some further action is required, to maintain the exclusion fi.om gross income of the
interest on the Bonds pursuant to Section 103 of the Code, the Fiscal Agent may rely conclusively
on such opinion in complying with the provisions hereof, and the covenant hereunder shall be
deemed to be modified to that extent.
I. The District shall not directly or indirectly extend the maturity dates of the Bonds or the time
of payment of interest with respect thereto.
J. Not later than October 30th of each year, commencing October 30, 2003, and until October
30th following the final maturity of the Bonds, the District shall supply or cause to be supplied to the
California Debt and Investment Advisory Commission by mail, postage prepaid, the information, if
any, then required by Government Code Section 53359.5 to be submitted to such agency.
K. The District covenants that it will not adopt any policy pursuant to Section 53341.1 of the
Act permitting tender of Bonds in full payment or partial payment of any Special Taxes unless it first
receives a certificate of a Special Tax Consultant that accepting such tender will not result in the
District having insufficient Special Tax Revenues to pay the principal of and interest on the Bonds
when due.
L. The District shall do and perform or cause to be done and performed all acts and things
required to be done or performed by or on behalf of the District under the provisions of this
Indenture. The District warrants that upon the date of execution and delivery of the Bonds, the
conditions, acts and things required by law and this Indenture to exist, to have happened and to have
been performed precedent to and in the execution and delivery of such Bonds do exist, have
happened and have been performed and the execution and delivery of the Bonds shall comply in all
respects with the applicable laws of the State.
SECTION 6.05 Arbitrage Certificate.
On the basis of the facts, estimates and circumstances now in existence and in existence on
the date of issue of the Bonds, as determined by the Treasurer, said Treasurer is hereby authorized to
certify that it is not expected that the proceeds of the Bonds will be used in a manner that would
cause the Bonds to be arbitrage bonds. Such certification shall be delivered to the purchaser
together with the Bonds.
Draft 10.17.02
SECTION 6.06 Defeasance.
If the District shall pay or cause to be paid, or there shall otherwise be paid, to the Owner of
an Outstanding Bond the interest due thereon and the principal thereof, at the times and in thc
manner stipulated in the Indenture, then the Owner of such Bond shall cease to be entitled to the
pledge of the Special Tax Revenues, and, other than as set forth below, all covenants, agreements
and other obligations of the District to the Owner of such Bond under the Indenture shall thereupon
cease, terminate and become void and discharged and satisfied. In thc event of the defeasance of aH
Outstanding Bonds, the Fiscal Agent shall pay over or deliver to the District all money or securities
held by it pursuant to thc Indenture which are not required for the payment of the principal of,
premium, if any, and interest due on such Bonds.
Any Outstanding Bond shall be deemed to have been paid within the meaning expressed in
the preceding paragraph if such Bond is paid in any one or more of the following ways:
(a) by paying or causing to be paid the principal of, premium, if any, and interest on
such Bond, as and when the same shall become due and payable;
(b) by depositing with the Fiscal Agent, in trust, at or before maturity, money which,
together with the amounts then on deposit in the funds established pursuant to thc
Indenture (exclusive of the Rebate Fund) and available for such purpose, is fully
sufficient to pay the principal of, premium, if any, and interest on such Bond, as and
when the same shall become duc and payable; or
(c) by depositing with an escrow bank appointed by the District, in trust, noncallable
Permitted Investments of the type described in subparagraph 1 of the definition
thereof, in such amount as an Independent Accountant shall determine (as set forth in
a verification report from such Independent Accountant) will be sufficient, together
with the interest to accrue thereon and moneys then on deposit in the funds
established under the Indenture (exclusive of the Rebate Fund) and available for such
purpose, together with the interest to accrue thereon, to pay and discharge the
principal of, premium, if any, and interest on such Bond, as and when the same shall
become duc and payable;
then, at the election of the District, and notwithstanding that any Outstanding Bonds shall not have
been surrendered for payment, all obligations of the District under the Indenture with respect to such
Bond shall cease and terminate, except for the obligation of thc Fiscal Agent to pay or cause to be
paid to the Owners of any such Bond not so surrendered and paid, all sums due thereon and except
for the covenants of the District to preserve thc exclusion of the interest on the Bonds from gross
income for federal income tax purposes. Notice of such election shall be filed with the Fiscal Agent
not less than ten (10) days prior to the proposed defeasance date, or such shorter period of time as
may be acceptable to the Fiscal Agent. In connection with a defeasance under (b) or (c) above, there
shall be provided to the Fiscal Agent a certificate of an Independent Accountant stating its opinion
as to the sufficiency of the moneys or securities deposited with the Fiscal Agent or the escrow bank,
together with the interest to accrue thereon and moneys then on deposit in thc funds established
.under the Indenture (exclusive of the Rebate Fund) and available for such purpose, together with thc
~nterest to accrue thereon to pay and discharge the principal of, premium, if any, and interest on all
37 /0 - c~7
Draft 10.17.02
such Bonds to be defeased in accordance with the Indenture as and when the same shall become due
and payable, and an opinion of Bond Counsel (which may rely upon the opinion of the certified
public accountant) to the effect that the Bonds being defeased have been legally defeased in
accordance with the Indenture.
To accomplish such defeasance, the District shall cause to be delivered (i) a report of the
Independent Accountant verifying the determination made pursuant to paragraph (c) above (the
"Verification Report") and (ii) an opinion of Bond Counsel to the effect that the Bonds are no longer
Outstanding. The Verification Report and opinion of Bond Counsel shall be acceptable in form and
substance, and addressed to the District and the Fiscal Agent.
SECTION 6.07 Fiscal Agent.
The District hereby appoints U.S. Bank, N.A. as Fiscal Agent for the Bonds. The Fiscal
Agent is hereby authorized to and shall mail or otherwise provide for the payment of interest
payments to the Bondholders, and upon written instruction of the District shall select Bonds for
redemption, give notice of redemption of Bonds and maintain the Bond Register. The Fiscal Agent
is hereby authorized to pay the principal of and premium, if any, on the Bonds when the same are
duly presented to it for payment at maturity or on call and redemption, to provide for the registration
of transfer and exchange of Bonds presented to it for such purposes, to provide for the cancellation
of Bonds all as provided in this Indenture, and to provide for the authentication of Bonds, and shall
perform all other duties assigned to or imposed on it as provided in this Indenture. The Fiscal Agent
shall keep accurate records of all Bonds paid and discharged by it.
The District shall from time to time, subject to any agreement between the District and the
Fiscal Agent then in force, pay to the Fiscal Agent compensation for its services, reimburse the
Fiscal Agent for all its advances and expenditures, including, but not limited to, advances to and fees
and expenses of independent accountants or counsel employed by it in the exercise and performance
of its powers and duties hereunder, and indemnify and hold the Fiscal Agent, its officers, directors,
agents and employees, harmless from and against losses, claims, expenses and liabilities not arising
from its own negligence or willful misconduct which it may incur in the exercise and performance of
its powers and duties hereunder. Such obligations shall survive the termination or discharge of this
Indenture.
The District may at any time at its sole discretion remove the Fiscal Agent initially
appointed, and any successor thereto, by delivering to the Fiscal Agent a written notice of its
decision to remove the Fiscal Agent and may appoint a successor or successors thereto, provided
that any such successor, other than the Treasurer, shall be a bank or trust company having a
combined capital (exclusive of borrowed capital) and surplus of at least fifty million dollars
($50,000,000), and subject to supervision or examination by Federal or State authority. Any
removal shall become effective only upon acceptance of appointment by the successor Fiscal Agent
or the Treasurer. If any bank or trust company appointed as a successor publishes a report of
condition at least annually, pursuant to law or to the requirements of any supervising or examining
authority above referred to, then for the purposes of this Section the combined capital and surplus of
such bank or trust company shall be deemed to be its combined capital and surplus as set forth in its
most recent report of condition so published.
38
Draft 10.17.02
The Fiscal Agent may at any time resign by giving written notice to the District and by
giving to the Owners notice of such resignation, which notice shall be mailed to the Owners at their
addresses appearing in the registration books in the office of the Fiscal Agent. Upon receiving such
notice of resignation, the District shall promptly appoint a successor Fiscal Agent by an instrument
in writing. Any resignation or removal of the Fiscal Agent and appointment ora successor Fiscal
Agent shall become effective only upon acceptance of appointment by the successor Fiscal Agent.
SECTION 6.08 Liability of Fiscal Agent.
The recitals of fact and all promises, covenants and agreements contained herein and in the
Bonds shall be taken as statements, promises, covenants and agreements of the District, and the
Fiscal Agent assumes no responsibility for the correctness of the same and makes no representations
as to the validity or sufficiency of this Indenture or of the Bonds, and shall incur no responsibility in
respect thereof, other than in connection with its duties or obligations herein or in the Bonds or in
the certificate of authentication on the Bonds. The Fiscal Agent shall be under no responsibility or
duty with respect to the issuance of the Bonds. The Fiscal Agent shall not be liable in connection
with the performance of its duties hereunder, except for its own negligence or willful misconduct.
The Fiscal Agent shall be protected in acting upon any notice, resolution, request, consent,
order, certificate, report, bond or other paper or document believed by it to be genuine and to have
been signed or presented by the proper party or parties. The Fiscal Agent may consult with counsel,
who may be counsel to the District, with regard to legal questions, and the opinion of such counsel
shall be full and complete authorization and protection in respect of any action taken or suffered
hereunder in good faith and in accordance therewith.
Whenever in the administration of its duties under this Indenture, the Fiscal Agent shall deem
it necessary or desirable that a matter be proved or established prior to taking or suffering any action
hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed)
may, in the absence of bad faith on the part of the Fiscal Agent, be deemed to be conclusively
proved and established by a written certificate of the District, and such certificate shall be full
warrant to the Fiscal Agent for any action taken or suffered under the provisions of this Indenture
upon the faith thereof, but in its discretion the Fiscal Agent may, in lieu thereof, accept other
evidence of such matter or may require such additional evidence of such matter or may require such
additional evidence as to it may seem reasonable.
The Fiscal Agent shall have no duty or obligation to enforce the collection of funds to be
deposited with it hereunder or as to the correctness of any amounts received, and its liability shall be
limited to the proper accounting for such funds as it actually receives.
No provision of this Indenture or any other document related hereto shall require the Fiscal
Agent to risk or advance its own funds or otherwise incur any financial liability in the performance
of its duties or the exercise of its rights hereunder.
The permissive right of the Fiscal Agent to do things enumerated in this Indenture shall not
be construed as a duty.
Draft 10.17.02
The Fiscal Agent may execute any of the duties of the Fiscal Agent or powers hereof and
perform any of its duties through attorneys, agents and receivers and shall not be answerable for the
conduct of the same if appointed by it with reasonable care.
The Fiscal Agent shall be responsible for only those duties expressly set forth in this
Indenture and no implied duties or obligations shall be read into this Indenture against the Fiscal
Agent.
SECTION 6.09 Provisions Constitute Contract.
The provisions of this Indenture shall constitute a contract between the District and the
Bondowners and the provisions hereof shall be enforceable by any Bondowner for the equal benefit
and protection of all Bondowners similarly situated by mandamus, accounting, mandatory injunction
or any other suit, action or proceeding at law or in equity that is now or may hereafter be authorized
under the laws of the State in any court of competent jurisdiction. Said contract is made under and is
to be construed in accordance with the laws of the State.
No remedy conferred hereby upon any Bondowner is intended to be exclusive of any other
remedy, but each such remedy is cumulative and in addition to every other remedy and may be
exercised without exhausting and without regard to any other remedy conferred by the Act or any
other law of the State. No waiver of any default or breach of duty or contract by any Bondowner
shall affect any subsequent default or breach of duty or contract or shall impair any rights or
remedies on said subsequent default or breach. No delay or omission of any Bondowner to exercise
any right or power accruing upon any default shall impair any such right or power or shall be
construed as a waiver of any such default or acquiescence therein. Every substantive right and every
remedy conferred upon the Bondowners may be enforced and exercised as often as may be deemed
expedient. In case any suit, action or proceeding to enforce any right or exemise any remedy shall
be brought or taken and the Bondowner shall prevail, said Bondowner shall be entitled to receive
from the Special Tax Fund reimbursement for reasonable costs, expenses, outlays and attorney's
fees, and should said suit, action or proceeding be abandoned or be determined adversely to the
Bondowners then, and in every such case, the District and the Bondowners shall be restored to their
former positions, rights and remedies as if such suit, action or proceeding had not been brought or
taken.
After the issuance and delivery of the Bonds, this Indenture shall be irrevocable, but shall be
subject to modification to the extent and in the manner provided in this Indenture, but to no greater
extent and in no other manner.
SECTION 6.10 CUSIP Numbers.
CUSIP identification numbers, if available, will be imprinted on the Bonds, but such
numbers shall not constitute a part of the contract evidenced by the Bonds and no liability shall
hereafter attach to the District, or any of the officers or agents thereof because of or on account of
said numbers.
SECTION 6.11 Severability.
Draft 10.17.02
If any covenant, agreement or provision, or any portion thereof, contained in this Indenture,
or the application thereof to any person or circumstance, is held to be unconstitutional, invalid or
unenforceable, the remainder of this Indenture and the application of any such covenant, agreement
or provision, or portion thereof, to any other persons or circumstances, shall be deemed severable
and shall not be affected, and this Indenture and the Bonds issued pursuant hereto shall remain valid
and the Bondholder shall retain all valid rights and benefits accorded to them under this Indenture
and the Constitution and laws of the State of California. If the provisions relating to the appointment
and duties of a Fiscal Agent are held to be unconstitutional, invalid or unenforceable, said duties
shall be performed by the Treasurer.
SECTION 6.12 Unclaimed Money.
All money which the Fiscal Agent shall have received from any source and set aside for the
purpose of paying or redeeming any of the Bonds shall be held in trust for the respective owners of
such Bonds, but any money which shall be so set aside or deposited by the Fiscal Agent and which
shall remain unclaimed by the Owners of such Bonds for a period of one year after the date on which
any payment or redemption with respect to such Bonds shall have become due and payable shall be
transferred to the General Fund of the District; provided, however, that the Fiscal Agent, before
making such payment, shall cause notice to be mailed to the Owners of such Bonds, by first-class
mail, postage prepaid, not less than 90 days prior to the date of such payment to the effect that said
money has not been claimed and that after a date named therein any unclaimed balance of said
money then remaining will be transferred to the General Fund of the District. Thereafter, the
Owners of such Bonds shall look only to the General Fund of the District for payment and then only
to the extent of the amount so received without any interest thereon.
SECTION 6.13 Nonpresentment of Bonds.
Except as otherwise provided in Section 6.12 hereof, in the event any Bonds shall not be
presented for payment when the principal thereof becomes due, if funds sufficient to pay such Bonds
shall be held by the Fiscal Agent for the benefit of the Owners thereof, all liability of the District to
the Owners thereof shall forthwith cease and be completely discharged and thereupon it shall be the
duty of the Fiscal Agent to hold such funds (subject to Section 6.12 hereof), without liability for
interest thereon, for the benefit of the Owners of such Bonds, who shall thereafter be restricted
exclusively to such funds for any claim of whatever nature on, or with respect to, such Bonds.
SECTION 6.14 Continuing Disclosure.
The District hereby covenants and agrees that it will comply with and carry out all of the
provisions of that certain Continuing Disclosure Agreement dated as of December 1, 2002 between
the District and the Fiscal Agent (the "Continuing Disclosure Agreement"). Notwithstanding any
other provision of this Indenture, failure of the District to comply with the Continuing Disclosure
Agreement shall not be considered an breach of the provisions of this Indenture.
Draft 10.17.02
ARTICLE VII. BOND FORM
SECTION 7.01 Form of Bonds.
The format of the Bonds as authorized and to be issued for these proceedings shall be
substantially in the form as set forth in the attached, referenced and incorporated Exhibit "A".
SECTION 7.02 Temporary Bonds.
Any Bonds issued under this Indenture may be initially issued in temporary form
exchangeable for definitive bonds. The Bonds may be issued as one temporary bond with an
attached maturity schedule and interest rate schedule to represent all Bonds. The temporary bond
may be printed, lithographed or typewritten, shall be of such denominations as may be determined
by the District and may contain such references to any of the provisions of this Indenture as may be
appropriate. Every temporary Bond shall be executed by the District in substantially the same
manner as provided in Section 2.06 hereofi If the District issues one or more temporary Bonds, it
will execute and furnish definitive Bonds without delay upon the request of any Owner and
thereupon the temporary bonds may be surrendered for cancellation at the Principal Corporate Trust
Office of the Fiscal Agent, and the District shall deliver in exchange for such temporary bonds an
equal aggregate principal amount of definitive Bonds of the same interest rates and maturities. Until
so exchanged, the temporary bonds shall be entitled to the same benefits under this Indenture as
definitive Bonds issued hereunder.
Draft 10.17.02
ARTICLE VIII EVENT OF DEFAULT
SECTION 8.01 Events of Default.
The following events shall bc Events of Default under this Indenture.
(a) Default in the due and punctual payment of the principal of any Bond when and as
the same shall become due and payable, whether at maturity as therein expressed, by
proceedings for redemption, by declaration or otherwise.
(b) Default in the due and punctual payment of interest on any Bond when and as such
interest shall become due and payable.
(c) Default by the District in the observance of any o£the other covenants, agreements or
conditions on its part in this Indenture or in the Bonds contained, if such default shall
have continued for a period of thirty (30) days after written notice thereof, specifying
such default and requiring the same to be remedied, shall have been given to the
District by the Fiscal Agent or to the District and the Fiscal Agent by the Owners of
not less than twenty-five percent (25%) in aggregate principal amount of the Bonds
at the time Outstanding; provided that such default (other than a default arising from
nonpayment of the Fiscal Agent's fees and expenses, which must be cured within
such 30-day period unless waived by the Fiscal Agent) shall not constitute an Event
of Default under this Indenture if the District shall commence to cure such default
within said thirty (30) day period and thereafter diligently and in good faith shall
cure such default within a reasonable period of time; or
(d) The filing by the District of a petition or answer seeking reorganization or
arrangement under the federal bankruptcy laws or any other applicable law of the
United States of America, or if a court of competent jurisdiction shall approve a
petition, filed with or without the consent of the District, seeking reorganization
under the federal bankruptcy laws or any other applicable law of the United States of
America, or if, under the provisions of any other law for the relief or aid of debtors,
any court of competent jurisdiction shall assume custody or control of the District or
of the whole or any substantial part of its property.
SECTION 8.02 Application of Revenues and Other Funds After Default
Ifa default in the payment of the Bonds shall occur and be continuing, all revenues and any
other funds then held or thereafter received under any of the provisions of this Indenture shall be
applied as follows and in the following order:
A. To the payment of any expenses necessary in the opinion of the District to protect the
interest of the owners of the Bonds and payment of reasonable charges and expenses
of the Fiscal Agent (including reasonable fees and disbursements of its counsel)
incurred in and about the performance of its powers and duties under this Indenture;
B. To the payment of the principal of and interest then due with respect to the Bonds
(upon presentation of the Bonds to be paid, and stamping thereon of the payment if
43
Draft 10.17.02
only partially paid, or surrender thereof if fully paid) subject to the provisions of this
Indenture, as follows:
First: To the payment to the persons entitled thereto of all installments of interest
then due in the order of the maturity of such installments, and, if the amount
available shall not be sufficient to pay in full any installment or installments
maturing on the same date, then to the payment thereof ratably, according to the
amounts due thereon, to the persons entitled thereto, without any discrimination or
preference; and
Second: To the payment to the persons entitled thereto of the unpaid principal of
any Bonds which shall have become due, whether at maturity or by call for
redemption, with interest on the overdue principal at the rate borne by the
respective Bonds on the date of maturity of redemption, and if the amount
available shall not be sufficient to pay in full all the Bonds, together with such
interest, then to the payment thereof ratably, according to the amounts of principal
due on such date to the persons entitled thereto, without discrimination or
preference.
Draft 10.17.02
1N WITNESS WHEREOF, the District and the Fiscal Agent have executed this Bond Indenture
effective the date first above written.
COMMUNITY FACILITIES DISTRICT NO. 06-I (EastLake
- Woods, Vistas and Land Swap)
By:
ASSISTANT CITY MANAGERfDIRECTOR OF
FINANCE
U.S. BANK, N.A.,
as Fiscal Agent
By:
AUTHORIZED OFFICER
Draft 10.17.02
EXHIBIT "A" - FORM OF BOND
United States of America
State of California
CITY OF CItULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 06-I
(EASTLAKE - WOODS, VISTAS AND LAND SWAP)
2002 IMPROVEMENT AREA A SPECIAL TAX BONDS
Interest Rate Maturity Date Bond Date CUSIP No.
Registered Owner: Cede & Co.
Principal Amount:
City of Chula Vista Community Facilities District N, Vistas and Land
Swap) (the "District"), situated in Chula Vista, ( hereby promises to
pay, solely from Special Tax Revenues ~ !registered owner named above,
or registered assigns, on the unless redeemed prior thereto as
hereinafter provided, the principal ~ and to pay interest on such principal
amount semiannually on commencing September 1, 2003, (each an
"Interest Payment Date'" until the principal amount hereof is paid
or made available for md premium, if any, on this Bond are payable to the
reg ~ of the United States of America upon presentation and
gency of U.S. Bank,
N.A. (the California (or such other office designated by the Fiscal
Agent). next preceding the date of
such date of anthentication is an Interest Payment Date, in which event
interest date of authentication, (ii) the date of authentication is after the
15th of the month preceding the Interest Payment Date (the "Record Date") but prior to
the immediately succeeding Interest Payment Date, in which event interest shall be payable fi.om the
Interest Payment Date immediately succeeding the date of authentication or (iii) the date of
authentication is prior to the close of business on the first Record Date, in which event interest shall
be payable fi.om the Bond Date above; provided, however, that if at the time of authentication of this
Bond, interest is in default, interest on this Bond shall be payable from the last Interest Payment
Date to which the interest has been paid or made available for payment. Interest on this Bond shall
be payable by check of the Fiscal Agent mailed first class, postage prepaid, to the registered owner
hereof at such registered owner's address as it appears on the registration books maintained by the
Fiscal Agent as of the close of business on the Record Date preceding the Interest Payment Date or,
upon request in writing prior to the Record Date received from a registered owner of at least
$1,000,000 in aggregate principal amount of the Bonds, by wire transfer in immediately available
funds to an account in the United States of America designated by such registered owner.
This Bond is one of a duly authorized issue of the "City of Chula Vista Cominunity Facilities
District No. 06-1 (EastLake - Woods, Vistas and Land Swap) 2002 Improvement Area A Special Tax
A-1
Draft 10.17.02
Bonds" (the "Bonds") issued in the aggregate principal amount of SXX,XXX,000 pursuant to the
Mello-Roos Community Facilities Act of i982, constituting Sections 53311, et seq. of the California
Government Code, as amended (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, for the purpose of
financing certain public improvements including street and road facilities in and for the District. The
creation of the Bonds and the terms and conditions thereof are provided for by a Bond Indenture (the
"Indenture") dated as of December 1, 2002, and this reference incorporates the Indenture herein, and
by acceptance hereof the owner of this Bond assents to said terms and conditions. All capitalized
terms used herein shall have the same meaning as set forth in the Indenture unless otherwise
specified herein. The Indenture is authorized under, this Bond is issued under, and both are to be
construed in accordance with, the laws of the State of California.
Pursuant to the Act and the Indenture, the principal of, premium, if any,
payable solely from, and shall be secured by a pledge of and I
Tax (as defined in the Indenture) levied and received by of the
redemption and sale of property sold as a result of foreclo ~ the
amount of such lien and penalties thereon, , and certain funds
held under the Indenture. The Bonds are not of Chula Vista or the
District, but are special, limited obligations of and credit nor the
taxing power of the District, the of California, or any political
subdivision thereof is pledged to the for the Special Tax Revenues, no
other revenues or taxes are Bonds.
The District will review County of San Diego, California, in connection
with the collection : and will commence and diligently pursue to completion,
judicial common ownership with delinquent
S ,000 or more by October 1 following the close of the Fiscal Year
:, and (ii) against all properties with delinquent Special Taxes in
the a by October 1 following the close of any fiscal year if the amount in
less than the Reserve Requirement.
The Bonds maturing on and after September 1, 20__ may be redeemed at the option of the District
prior to maturity as a whole, or in part on any Interest Payment Date on and after September 1, 20__,
from such maturities as are selected by the District, and by lot within a maturity, from any source of
funds, at the following redemption prices (expressed as percentages of the principal amount of the
Bonds to be redeemed), together with accrued interest to the date of redemption:
Redemption Date Redemption Price
September 1, 20__ and March 1, 20__ 102%
September 1, 20__ and March 1, 20__ 101%
September 1, 20__ and thereafter 100%
The Bonds are subject to redemption on any Interest Payment Date, prior to maturity, as a
whole or in part on a pro rata basis among maturities, from the proceeds of the prepayment of
Special Taxes pursuant to the Special Tax RMA. Such extraordinary mandatory redemption of the
A-2 /19 ' c~/~7
Draft 10.17.02
Bonds shall be at the following redemption prices (expressed as percentages of the principal amotmt
of the Bonds to be redeemed), together with accrued interest thereon to the date of redemption:
Redemption Date Redemption Price
September 1, 2003 through March 1, 20__ 103%
September 1, 20__ and March 1, 20__ 102%
September 1, 20__ and March 1, 20__ 101%
September 1, 20__ and thereafter 100%
The Bonds maturing on September 1, 20__ are subject to mandatory sinking fund redemption, in
part, by lot, on September 1 of each year commencing September 1, 20__, at price
equal to the principal amount of the Bonds to be redeemed
to the date fixed for redemption, without premium, in the a and in the
years shown in the following redemption schedule.
Redemption Date
(September 1)
The Bonds maturing ect to mandatory sinking fund redemption, in
part, by lot, September 1, 20__, at a redemption price
equal to the
to the date fixed in the aggregate principal amounts and in the
Date Principal
Amount
Notice of redemption with respect to the Bonds to be redeemed shall be given by the Fiscal Agent to
the registered owner thereof at least 30 days but not more than 45 days prior to the redemption date,
by first class mail, postage prepaid,.at their addresses appearing on the Bond Register.
This Bond shall be issued only in fully registered form in the denominations of $5,000 or any
integral multiple thereof. No transfer hereof shall be valid for any purpose unless made by the
registered owner, by execution of the form of assignment printed hereon, and authenticated as herein
A-3
Draft 10,17.02
provided, and the principal hereof, interest hereon and any redemption premium shall be payable
only to the registered owner or to such owner's order. Interest on this Bond shall be payable to the
person whose name appears upon the Bond Register as the registered owner hereof as of the close of
business on the Record Date or to such person's order. The Fiscal Agent shall require the registered
owner requesting transfer or exchange to pay any tax or other governmental charge required to be
paid with respect to such transfer or exchange. The Fiscal Agent shall not be required to register,
transfer or make exchanges of (i) Bonds for a period of 15 days next preceding the date of any
selection of Bonds to be redeemed or (ii) any Bonds chosen for redemption.
This Bond shall not become valid or obligatory for any purpose until the certificate of authentication
hereon printed shall have been dated and manually signed by the Fiscal Agent.
IT IS HEREBY CERTIFIED, RECITED AND DECLARED that all acts and things
required by law to exist, happen and be performed precedent to and s Bond have
existed, happened and been performed in due time, form an~
amount of this Bond, together with all other indebtedness of th, ' debt
limit prescribed by the laws or Constitution of the State,
iN WITNESS WHEREOF, the City of Chula Vista
Community Facilities District No. 06-I Swap), has caused this
Bond to be dated as of ,2002 2ity of Chula Vista by
her manual signature and attested by ~manual signature.
Cit, Mayor, City of Chula Vista, for and on behalf
behalf oft of the City of Chula Vista Community
Facilities District No. 06-I (EastLake -
Woods Woods, Vistas and Land Swap)
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds described in the within defined Indenture.
Date: U.S. Bank, N.A.,
as Fiscal Agent
By:
Authorized Officer
ASSIGNMENT
For value received the undersigned do(es) hereby sell, assign and transfer unto
(Name, Address, and Tax Identification or Social Security Number of Assignee)
^-4
Draft 10.17.02
the within-mentioned registered Bond and hereby irrevocably constitute(s) and appoint(s),
attorney
, to transfer the same on the books of the Fiscal Agent with full power of substitution in the
premises.
Dated:
Signature
Guaranteed:
NOTICE: Signature must be guaranteed by a NOTICE:
qualified guarantor, correspond with the on the
face of the within particular,
whatsoever
Draft 10.17.02
EXHIBIT "B" - ARBITRAGE REBATE INSTRUCTIONS
This document sets forth instructions regarding the investment and disposition of monies
deposited in various funds and accounts established in connection with the issuance by the
Community Facilities District No. 06-I (EastLake - Woods, Vistas and Land Swap) (the "District")
of its 2002 Improvement Area A Special Tax Bonds in aggregate principal amount of
SXX,XXX,000 (the "Bonds").
The purpose of these instructions is to provide the District with information necessary to
ensure that the investment of the monies in the funds and accounts described herein will comply
with the arbitrage requirements imposed by the Internal Revenue Code of 1986 and the regulations
issued thereunder.
DEFINITIONS
For purposes of these instructions, the following set forth
below:
Bond Year. The term "Bond Year" mean period from the
date of issuance) that ends at the close ' the District pursuant to the
Code.
Code. The term "Code" Eode of 1986, as amended.
Delivery Date. "means ,2002.
term "Excess Investment Earnings" means an amount
equal to
of:
The aggregate amount earned from the Delivery Date of the Bonds on all
Nonpurpose Investments in which Gross Proceeds of the Bonds are invested, over
(b) The amount that would have been earned if the Yield on such Nonpurpose
Investments had been equal to the Yield on the Bonds, plus
(2) Any income attributable to the excess described in paragraph (1).
In determining Excess Investment Earnings, (i) any gain or loss on the disposition of a
Nonpurpose Investment shall be taken into account and (ii) any amount earned on a bona fide debt
service fund shall not be taken into account.
Gross Proceeds. The term "Gross Proceeds" means the following:
(1) Original proceeds, i.e.. the amount received by the Fiscal Agent as a result of the sale
of the Bonds and any amounts actually or constructively received from investing the amount
received from the sale of the Bonds;
/D
Draft 10.17.02
(2) Amounts, other than original proceeds, in the Reserve Fund and in any other fund
established as a reasonably required reserve or replacement fund;
(3) Amounts, other than as specified above, that are reasonably expected to be or are
used to pay debt service with respect to the Bonds; and,
(4) Amounts received as a result of investing amounts described above.
Investment Property, The term "Investment Property" means any security, obligation,
annuity contract or investment-type property in which Gross Proceeds are invested, excluding,
however, the following:
(a) United States Treasury - State and Local Deposit
securities, and
(b) Tax-exempt obligations.
For purposes of these Instructions, the shall include only
obligations the interest on which is (i) ' federal income tax purposes
and (ii) not treated as an item of tax . of the Code. The term "tax-
exempt obligation" shall, however a "qualified regulated investment
company, ~investment company within the meaning of
Section 851 (a) of the Code a of the Code for the taxable
year; (ii) has only one (iii) invests all of its assets in tax-
~ the extent practicable; and (iv) has at least 98% of its gross
income derived from the sale or other disposition of, tax-exempt
~' value of its assets is represented by investments in tax-exempt
Investment. The term "Nonpurpose Investment" means any Investment
Property aired with the Gross Proceeds of the Bonds and is not acquired in order to carry
out the govemmental purpose of the Bonds.
Purchase Price. The term "Purchase Price", for the purpose of computation of the Yield of
the Bonds, has the same meaning as the term "Issue Price" in Sections 1273(b) and 1274 of the
Code, and, in general, means the initial offering price to the public (not including bond houses and
brokers, or similar persons or organizations acting in the capacity of underwriters or wholesalers) at
which price a substantial amount of each maturity (at least 10 percent) of the Bonds was sold.
The term "Purchase Price", for the purpose of computation of Yield of Nonpurpose
Investments means the fair market value of the Nonpurpose Investment on the date of use of Gross
Proceeds of the Bonds for acquisition thereof, or if later, on the date that Investment Property
constituting a Nonpurpose Investment becomes a Nonpurpose Investment of the Bonds.
Regulations. The term "Regulations" means temporary and permanent Regulations
promulgated under Section 148 of the Code.
Draft 10.17.02
Yield. The term "Yield" means that discount rate which, present value of all payments of
principal and interest case of Nonpurpose Investments which require payments in principal and
interest) on a Nonpurpose Investment or on the Bonds produces an amount equal to the Purchase
Price of such Nonpurpose Investment or the Bonds, all computed as prescribed in applicable
Regulations. The yield on Nonpurpose Investments must be computed by the use of the same
frequency interval of compounding interest as is used with respect to the Bonds.
REBATE REQUIREMENT
Calculation of Excess Investment Earnings. No later than the last day of the fifth Bond Year,
each succeeding fifth Bond Year and on the date the last Bond is discharged, the District shall
calculate or cause to be calculated the Excess Investment Earnings the Code and
Regulations and deposit or cause to be deposited into the Rebate Fund the
Excess Investment Earnings. This calculation shall be made ~
accordance with the following rules:
(1) For purposes or calculation of the yield on these
Instructions, the purchase price of the market price of the
investment on an established market. Thi: ' the Fiscal Agent acting
at the direction of the District) will not accept a lower interest
rate than is usually paid to
(2) The market issued by a commercial bank may be
regarded as being at are determined by reference to the bona fide
bid an active secondary market in such certificates,
or, if no by satisfying subparagraph (3) below relating to
nvestment agreement may be regarded as being made at a
at least three (3) bids are received on the investment contract from
onds; (ii) the winning bidder provides a certificate that,
~ reasonable expectations on the date the investment agreement is entered into,
investments will not be purchased or sole at a price other than their fair market value; (iii)
the yield on the investment agreement is at least equal to the yield offered under the highest
bid received from a non-interested party; and (iv) the yield on the investment agreement is at
least equal to the yield offered on similar contracts.
(4) For other investments traded on an established market, the fair market price shall be
the mean between the bid and offered prices for such obligations on the date of purchase or,
if subsequent thereto, the date the investment becomes a Nonpurpose Investment.
(5) Where amounts must be restricted to a certain yield and investments cannot be
purchased on an established market or a bona fide fair market price cannot be established at
a yield that does not exceed the maximum permissible yield, the District may acquire or
hold, or cause the Fiscal Agent to acquire or hold, tax-exempt securities, currency or United
States Treasury Certificates of Indebtedness, Notes and Certificates - State and Local
Government Series ("SLGs") that yield no more than the maximum permissible yield. SLGs
are available at the Federal Reserve Bank.
B-3 /~)
Draft 10.17.02
Payment to United States. The District shall direct the Fiscal Agent in writing to pay from
the Rebate Fund an amount equal to Excess Investment Earnings (after application of any available
credits) to the United States Treasury in installments with the first payment to be made not later than
thirty (30) days after the end of the fifth Bond Year, and with subsequent payments to be made not
later than five (5) years after the preceding payment was due. The District shall assure that each
such installment is in an amount equal to at least ninety percent (90%) of the Excess Investment
Earnings with respect to the Bonds as of the close of the computation period. Not later than sixty
(60) days after the retirement of the Bonds, the District shall pay from the Rebate Fund to the United
States Treasury one hundred percent (100%) of the theretofore unpaid Excess Investment Earnings
of the Bonds. In the event that there are any amounts remaining in the Rebate Fund following the
payment required by the preceding sentence, the District shall use such lawful
purpose of the District. The District shall cause payments to the the address
prescribed by the Regulations as the same may be from time to time in, reports ~nd
statements as may be prescribed by such Regulations. In the event tn
the Rebate Fund are insufficient to make the payments to the: which are
required hereunder, the District shall assure that such ' United States
Treasury on a timely basis from any funds lawfully a
Further obligation of District. Th~ Earnings are
not paid or disbursed except as provided the District shall assure
that investment transactions are on an ~ ~ the event that Nonpurpose Investments
consist of certificates of investment in such Nonpurpose
Investments shall be ~ s described in applicable Regulations as
from time to time
~npurpose Investments acquired in a fund
or account :t or the Fiscal Agent, the District or the Fiscal Agent
shall ~ recorded the following information: (i) purchase date, (ii) purchase price,
that the purchase price is the fair market value as of such date (e.g., the
published a dealer in such an investment on the date of purchase), (iv) any accrued
interest face amount, (vi) coupon rate, (vii) periodicity of interest payments, (viii)
disposition price, (ix) any accrued interest received, and (x) disposition date. To the extent any
investment becomes a Nonpurpose Investment by becoming Gross Proceeds after it was originally
purchased, it shall be treated as if it were acquired at its fair market value at the time it becomes a
Nonpurpose Investment. The District shall keep and retain for a period of six (6) years following the
retirement of the Bonds, records of all determinations made pursuant to these Instructions.
AMENDMENT. In order to comply with the covenants in the Bond Indenture regarding compliance
with the requirements of the Code and the continued exclusion from gross income for purposes of
federal income taxation of interest paid on the Bonds, the procedures described in these Instructions
may be modified as necessary, without the consent of Bond owners, and based on the opinion of
nationally recognized bond counsel acceptable to the District, to comply with regulations, rulings,
legislation or judicial decisions as may be applicable to the Bonds. Neither the Fiscal Agent nor any
of its members, agents, officers or employees shall be liable for any action taken or for its failure to
take any action in connection with these Instructions. The District may rely conclusively on the
advice of its Bond Counsel with respect to the requirements of these Instructions.
B-4 /0
$
CITY. OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 06-I (EASTLAKE - WOODS, VISTAS AND LAND SWAP)
2002 IMPROVEMENT AREA A SPECIAL TAX BONDS
BOND PURCHASE AGREEMENT
December __, 2002
Community Facilities District No. 06-I (Eastlake - Woods, Vistas and Land Swap)
City of Chula Vista
Chula Vista, California
Ladies and Gentlemen:
Stone & Youngberg LLC (the "Underwriter"), acting not as a fiduciary or agent for you, but
on behalf of itself, offers to enter into this Bond Purchase Agreement with Community Facilities
District No. 06-I (Eastlake - Woods, Vistas and Land Swap) (the "District"), which was formed by
the City of Chula Vista (the "City"), which, upon acceptance, will be binding upon the District and
upon the Underwriter. This offer is made subject to acceptance of it by the District on the date
hereof, and if not accepted will be subject to withdrawal by the Underwriter upon notice delivered to
the District at any time prior to the acceptance hereof by the District.
1. Purchase, Sale and Delivery of the Bonds.
(a) Subject to the terms and conditions and in reliance upon the representations,
warranties and agreements set forth herein, the Underwriter agrees to purchase from the District, and
the District agrees to sell to the Underwriter, all (but not less than all) of the Community Facilities
District No~ 06-I (Eastlake - Woods, Vistas and Land Swap) 2002 Improvement Area A Special Tax
Bonds (the "Bonds") in the aggregate principal amount specified in Exhibit A hereto. The Bonds
shall be dated the Closing Date (hereinafter defined), and bear interest (payable semiannually on
March 1 and September 1 in each year, commencing September 1, 2003) at the rates per annum and
maturing on the dates and in the amounts set forth in Exhibit A hereto. The purchase price for the
Bonds shall be the amount specified as such in Exhibit A hereto.
The Bonds shall be substantially in the form described in, shall be issued and secured under
the provisions of, and shall be payable and subject to redemption as provided in, the Bond indenture
(the "Bond Indenture") by and between the District and U.S. Bank, N.A., as Fiscal Agent (the "Fiscal
Agent"), dated as of December 1, 2002, approved in Resolution No.__ adopted by the City
Council of the City, as the legislative body of the District, on ,2002, respectively (the
"Resolution of Issuance"). The Bonds and interest thereon will be payable from a special tax (the
"Special Tax") levied and collected on the taxable land within the District in accordance with
Resolution No.__ adopted by the City Council on , 2002 (the "Resolution of
Formation"). Proceeds of the sale of the Bonds will be used in accordance with the Bond Indenture
and the Mello-Roos Community Facilities Act of 1982, as amended (Sections 53311 et se~. of the
Government Code of the State of California) (the "Act") and the City of Chula Vista Community
Facilities District Ordinance ("Authorizing Ordinance" and together with the Act the "Law"),
to acquire certain public improvements described in the Resolution of Formation. The Resolution of
Issuance, the Resolution of Formation, the Authorizing Ordinance, Ordinance No. 2850 and all other
resolutions adopted with respect to the formation of the District and the issuance of the Bonds are
collectively referred to herein as the "District Resolutions."
(b) At or prior to the acceptance hereof by the District, the District shall cause to
be delivered to the Underwriter (i) a Certificate of Representations and Warranties of the City, dated
as of the date of this Purchase Agreement (the "City Certificate"), in substantially the form attached
hereto as Exhibit B, with only such changes therein as shall have been accepted by the Underwriter,
and (ii) a certificate executed by The Eastlake Company, LLC, a California limited liability company
(the "Developer") dated on or prior to the date of this Purchase Agreement and addressed to the
Underwriter and the District deeming the information in the Preliminary Official Statement (as
defined in (c) below) relating to the Developer final and accurate as of its date.
(c) Subsequent to its receipt of a certificate from the District deeming the
Preliminary Official Statement for the Bonds, dated November __, 2002 (which Preliminary Official
Statement, together with the cover page and all appendices thereto, is herein collectively relented to
as the "Preliminary Official Statement" and which, as amended with the prior approval of the
Underwriter and executed by the District, will be referred to herein as the "Official Statement"), final
for purposes of Rule 15c2-12 of the Securities and Exchange Commission ("Rule 15c2-12"), the
Underwriter has distributed copies of the Preliminary Official Statement. The District hereby ratifies
the use by the Underwriter of the Preliminary Official Statement and authorizes the Underwriter to
use and distribute the final Official Statement dated the date hereof (including all intbrmation
previously permitted to have been omitted by Rule 15c2-12 and any supplements and amendments
thereto as have been approved by the City as evidenced by the execution and delivery of such
document by an officer of the City (the "Official Statement"), the Bond Indenture, the Continuing
Disclosure Agreement of the District (the "District Disclosure Agreement"), this Bond Purchase
Agreement, any other documents or contracts to which City or the District is a party, and all
information contained therein, and all other documents, certificates and statements furnished by the
City and the District to the Underwriter in connection with the transactions contemplated by this
Bond Purchase Agreement, in connection with the offer and sale of the Bonds by the Underwriter.
The Underwriter hereby agrees to deliver a copy of the Official Statement to a national repository on
or before the Closing Date (as hereinafter defined) and to each investor that purchases any of the
Bonds prior to the "end of the underwriting period" (as such term is defined in Section 2(g) below)
and otherwise to comply with all applicable statutes and regulations in connection with the offering
and sale of the Bonds, including, without limitation, MSRB Rule G-32 and Rule 15c2-12.
(d) At 8:00 A.M., Pacific Daylight Time, on December__, 2002, or at such
earlier time or date as shall be agreed upon by the Underwriter and the District (such time and date
being herein referred to as the "Closing Date"), the District will deliver (i) to The Depository Trust
Company in New York, New York, the Bonds in definitive tbrm (all Bonds being in book-entry form
registered in the name of Cede & Co. and having the CUSIP numbers assigned to them printed
thereon), duly executed by the officers of the District as provided in the Bond Indenture, and (ii) to
the Underwriter, at the offices of Best Best & Krieger LLP, Bond Counsel in San Diego, California,
or at such other place as shall be mutually agreed upon by the District and the Underwriter, the other
documents herein mentioned; and the Underwriter shall accept such delivery and pay the purchase
price of the Bonds in Los Angeles clearinghouse funds (such delivery and payment being herein
referred to as the "Closing"). Notwithstanding the foregoing, the Underwriter may, in its discretion,
accept delivery of the Bonds in temporary form upon making arrangements with the District which
are satisfactory to the Underwriter relating to the delivery of the Bonds in definitive form.
2
DOCSOC¥)29695v, \22245 0] 38 /0-*
2. Representations, Warranties and Agreements of the District. The District represents,
warrants and covenants to and agrees with the Underwriter that:
(a) The City is duly organized and validly existing as a charter city duly
organized and validly existing under the Constitution and laws of the State of California and has duly
authorized the formation of the District pursuant to the Resolution of Formation and the Law. The
City Council as the legislative body of the City and the District has duly adopted the District
Resolutions, and will cause to be recorded in the real property records of the County of San Diego a
Notice of Special Tax Lien (the "Notice of Special Tax Lien") (such District Resolutions and Notice
of Special Tax Lien being collectively referred to herein as the "Formation Documents"). Each of
the Formation Documents remains in full force and effect as of the date hereof and has not been
amended. The District is duly organized and validly existing as a community facilities district under
the laws of the State of California. The City has, and at the Closing Date will have, as the case may
be, full legal right, power and authority to execute, deliver and perform on behalf of itself and the
District its obligations under that certain Acquisition/Financing Agreement between the City and the
Developer, together with all amendments thereto (the "Funding Agreement") and to carry out all
transactions contemplated by the Funding Agreement. The District has, and at the Closing Date will
have, as the case may be, full legal right, power and authority (i) to execute, deliver and perform its
obligations under this Bond Purchase Agreement, the District Disclosure Agreement, and the Bond
Indenture, and to carry out all transactions contemplated by each of such agreements, (ii) to issue,
sell and deliver the Bonds to the Underwriter pursuant to the Resolution of Issuance and Bond
Indenture as provided herein, and (iii) to carry out, give effect to and consummate the transactions
contemplated by the Formation Documents and by the Bond Indenture, this Bond Purchase
Agreement, the District Disclosure Agreement and the Funding Agreement (collectively, the
"District Documents") and the Official Statement;
(b) The District and the City, as applicable, each has complied, and will at the
Closing Date be in compliance, in all material respects with the Formation Documents and the
District Documents, and any immaterial noncompliance by the District and the City, if any, will not
impair the ability of the District and the City, as applicable, to carry out, give effect to or
consummate the transactions contemplated by the foregoing. From and after the date of issuance of
the Bonds, the District will continue to comply with the covenants of the District contained in the
District Documents;
(c) The City Council has duly and validly: (i) adopted the District Resolutions,
(ii) called, held and conducted in accordance with all requirements of the Law the election within the
District to approve the levy of the Special Tax and the issuance of the Bonds and recorded the Notice
of Special Tax Lien which established a continuing lien on the land within the District securing the
Special Tax, (iii) authorized and approved the execution and delivery of the Bonds and the District
Documents, (iv) authorized the preparation and delivery of the Preliminary Official Statement and
the Official Statement, and (v) authorized and approved the performance by the District of its
obligations contained in, and the taking of any and all action as may be necessary to carry out, give
effect to and consummate the transactions contemplated by, each of the District Documents
(including, without limitation, the collection of the Special Tax), and at the Closing Date the
Formation Documents will be in full force and effect and the District Documents and the Bonds will
constitute the valid, legal and binding obligations of the District and (assuming due authorization,
execution and delivery by other parties thereto, where necessary) will be enforceable in accordance
with their respective terms, subject to bankruptcy, insolvency, reorganization, moratorium and other
3
DOCSOCX929695v 1\22245 0138
laws affecting the enforcement of creditors' rights in general and to the application of equitable
principles if equitable remedies are sought;
(d) To the best of the District's knowledge, neither the District nor the City is in
breach of or default under any applicable law or administrative rule or regulation of the State of
California (the "State"), or of any department, division, agency or instrumentality thereof, or under
any applicable court or administrative decree or order, or under any loan agreement, note, resolution,
bond indenture, contract, agreement or other instrument to which the District or the City is a party or
is otherwise subject or bound, a consequence of which could be to materially and adversely affect the
perfbrmance by the District of its obligations under the Bonds, the Formation Documents or the
District Documents, and compliance with the provisions of each thereof, will not conflict with or
constitute a breach of or default under any applicable law or administrative rule or regulation of the
State, or of any department, division, agency or instrumentality thereof, or under any applicable court
or administrative decree or order, or a material breach of or default under any loan agreement, note,
resolution, trust agreement, contract, agreement or other instrument to which the District or the City,
as the case may be, is a party or is otherwise subject or bound;
(e) Except fbr compliance with the blue sky or other states securities law filings,
as to which the District makes no representations, all approvals, consents, authorizations, elections
and orders of or filings or registrations with any State governmental authority, board, agency or
commission having jurisdiction which would constitute a condition precedent to, or the absence of
which would materially adversely affect, the performance by the District of its obligations hereunder,
or under the Formation Documents or the District Documents, have been obtained and are in full
force and effect;
(f) The Special Tax constituting the security lbr the Bonds has been duly and
lawfully authorized and may be levied under the Law and the Constitution and the applicable laws of
the State of California, and such Special Tax, when levied, will constitute a valid and legally binding
continuing lien on the properties on which it has been levied;
(g) Until the date which is twenty-five (25) days after the "end of the
underwriting period" (as hereinafter defined), if any event shall occur of which the District is aware,
as a result of which it may be necessary to supplement the Official Statement in order to make the
statements in the Official Statement, in light of the circumstances existing at such time, not
misleading, the District shall forthwith notify the Underwriter of any such event of which it has
knowledge and shall cooperate fully in furnishing any information available to it for any supplement
to the Official Statement necessary, in the Underwriter's opinion, so that the statements therein as so
supplemented will not be misleading in light of the circumstances existing at such time and the
District shall promptly furnish to the Underwriter a reasonable number of copies of such supplement.
As used herein, the term "end of the underwriting period" means the later of such time as (i) the
District delivers the Bonds to the Underwriter, or (ii) the Underwriter does not retain, directly or as a
member of an underwriting syndicate, an unsold balance of the Bonds for sale to the public. Unless
the Underwriter gives notice to the contrary, the "end of the underwriting period" shall be deemed to
be the Closing Date. Any notice delivered pursuant to this provision shall be written notice delivered
to the District at or prior to the Closing Date, and shall specify a date (other than the Closing Date) to
be deemed the ~end of the undelwvriting period";
(h) The Bond Indenture creates a valid pledge of the Special Taxes and the
moneys in the Special Tax Fund, the Bond Fund and the Reserve Fund established pursuant to the
4
DOCSOC\929695v I \22245.0138
Bond Indenture, including the investments thereof, subject in all cases to the provisions of the Bond
Indenture permitting the application thereof for the purposes and on the terms and conditions set
forth therein;
(i) Except as disclosed in the Official Statement, no action, suit, proceeding,
inquiry or investigation, at law or in equity, before or by any court, regulatory agency, public board
or body is pending or, to the best knowledge of the District, threatened (i) which would materially
adversely affect the ability of either the City or the District to perform its obligations under the
Bonds, the Formation Documents or the District Documents, or (ii) seeking to restrain or to enjoin
the development of the land within the District, the issuance, sale or delivery of the Bonds, the
application of the proceeds thereof in accordance with the Bond Indenture or the Funding
Agreement, or the collection or application of the Special Tax pledged or to be pledged to pay the
principal of and interest on the Bonds, or the pledge thereof, or in any way contesting or affecting the
validity or enforceability of the Bonds, the Formation Documents, the District Documents, the land
use approvals granted by the City with respect to the land within the District, any other instruments
relating to the development of any of the property within the District, or any action contemplated by
any of said documents, or (iii) in any way contesting the completeness or accuracy of the Preliminary
Official Statement or the powers or authority of the District with respect to the Bonds, the Formation
Documents, the District Documents, or any action of the District contemplated by any of said
documents; nor is there any action pending or, to the best knowledge of the District, threatened
against the City or the District which alleges that interest on the Bonds is not excludable from gross
income for federal income tax purposes or is not exempt from California personal income taxation;
(j) The District will furnish such information, execute such instruments and take
such other action in cooperation with the Underwriter as the Underwriter may reasonably request in
order for the Underwriter to qualify the Bonds for offer and sale under the "Blue Sky" or other
securities laws and regulations of such states and other jurisdictions of the United States as the
Underwriter may designate; provided, however, the District shall not be required to register as a
dealer or a broker of securities or to consent to service of process in connection with any blue sky
filing;
(k) Any certificate signed by any authorized official of the City and the District
authorized to do so shall be deemed a representation and warranty to the Underwriter as to the
statements made therein;
(1) The District will apply the proceeds of the Bonds in accordance with the
Bond Indenture and as described in the Official Statement;
(m) The information contained in the Preliminary Official Statement (other than
information under the caption "THE BONDS - Book-Entry-Only System," as to which no view is
expressed) was as of the date thereof, and the information contained in the Official Statement (other
than information under the caption "THE BONDS - Book-Entry-Only System," as to which no view
is expressed) as of its date and on the Closing Date shall be, tree and correct in all material respects
and such information does not and shall not contain any untrue or misleading statement of a material
fact or omit to state any material fact necessary to make the statements therein, in light of the
circumstances under which they were made, not misleading;
5
DOCSOC~929695v 1\22245.0138
/ 0
(n) The District shall use its best efforts to cause the Developer to cooperate with
the Underwriter in the preparation of the Official Statement; provided, however, that such efforts
shall not include the expenditure of funds by the District;
(o) The Preliminary Official Statement heretofore delivered to the Underwriter
was deemed final by the District as of its date, except for the omission of such information as is
permitted to be omitted in accordance with paragraph (b)(1) of Rule 15c2-12. The District hereby
covenants and agrees that, within seven (7) business days from the date hereof, the District shall
cause a final printed form of the Official Statement to be delivered to the Underwriter in a quantity
mutually agreed upon by the Underwriter and the District so that the Underwriter may comply with
paragraph (b)(4) of Rule 15c2-12 and Rules G- 12, G- 15, G-32 and G-36 of the Municipal Securities
Rulemaking Board;
(p) Neither the City nor the District is in default with respect to any reporting
obligation that it has undertaken under Rule 15c2-12 for any indebtedness issued by it.
3. Conditions to the Obligations of the Underwriter. The obligations of the Underwriter
to accept delivery of and pay for the Bonds on the Closing Date shall be subject, at the option of the
Underwriter, to the accuracy in all material respects of the representations and warranties on the part
of the District contained herein, as of the date hereof and as of the Closing Date, to the accuracy in
all material respects of the statements of the officers and other officials of the City and the District
made in any certificates or other documents furnished pursuant to the provisions hereol; to the
performance by the District of its obligations to be performed hereunder at or prior to the Closing
Date and to the following additional conditions:
(a) At the Closing Date, the Formation Documents and the District Documents
shall be in full force and effect, and shall not have been amended, modified or supplemented, except
as may have been agreed to in writing by the Underwriter, and there shall have been taken in
connection therewith, with the issuance of the Bonds and with the transactions contemplated thereby
and by this Bond Purchase Agreement, all such actions as, in the opinion of Best, Best & Krieger
LLP, Bond Counsel for the District, and Stradling Yocca Carlson & Rauth, a Professional
Corporation, counsel to the Underwriter, shall be necessary and appropriate;
(b) Between the date hereof and the Closing Date, the market price or
marketability of the Bonds at the initial offering prices set forth in the Official Statement shall not
have been materially adversely affected, in the judgment of the Underwriter (evidenced by a written
notice to the District terminating the obligation of the Underwriter to accept delivery of and pay for
the Bonds), by reason of any of the following:
(1) legislation introduced in or enacted (or resolution passed) by the
Congress of the United States of America or recommended to the Congress by the President of the
United States, the Department of the Treasury, the Internal Revenue Service, or any member of
Congress, or favorably reported for passage to either House of Congress by any committee of such
House to which such legislation had been referred for consideration or a decision rendered by a court
established under Article III of the Constitution of the United States of America or by the Tax Court
of the United States of America, or an order, ruling, regulation (final, temporary or proposed), press
release or other form of notice issued or made by or on behalf of the Treasury Department or the
Internal Revenue Service of the United States of America, with the purpose or effect, directly or
6
DOCSOC\929695v I \222450138
indirectly, of imposing federal income taxation upon the interest as would be received by the holders
of the Bonds beyond the extent to which such interest is subject to taxation as of the date hereof;
(2) legislation introduced in or enacted (or resolution passed) by the
Congress of the United States of America, or an order, decree or injunction issued by any court of
competent jurisdiction, or an order, ruling, regulation (final, temporary or proposed), press release or
other form of notice issued or made by or on behalf of the Securities and Exchange Commission, or
any other governmental agency having jurisdiction of the subject matter, to the effect that obligations
of the general character of the Bonds, or the Bonds, including any or all underlying arrangements, are
not exempt from registration under or other requirements of the Securities Act of 1933, as amended,
or that the Bond Indenture is not exempt from qualification under or other requirements of the Trust
Indenture Act of 1939, as amended, or that the issuance, offering or sale of obligations of the general
character of the Bonds, or of the Bonds, including any or all underwriting arrangements, as
contemplated hereby or by the Official Statement or otherwise is or would be in violation of the
federal securities laws, rules or regulations as amended and then in effect;
(3) any amendment to the federal or California Constitution or action by
any federal or California court, legislative body, regulatory body or other authority materially
adversely affecting the tax status of the District, its property, income, securities (or interest thereon),
the validity or enfprceability of the Special Tax or the ability of the City or the District to construct or
acquire the improvements as contemplated by the Formation Documents, the District Documents or
the Official Statement; or
(4) any event occurring, or information becoming known, which, in the
judgment of the Underwriter, makes untrue in any material respect any statement or inlbrmation
contained in the Official Statement, or results in the Official Statement containing any untrue
statement of a material fact or omitting to state a material fact required to be stated therein or
necessary to make the statements therein, in light of the circumstances under which they were made,
not misleading.
(c) On the Closing Date, the Underwriter shall have received counterpart
originals or certified copies of the following documents, in each case satisfactory in form and
substance to the Underwriter:
(1) The Formation Documents and the District Documents, together with
a certificate dated as of the Closing Date of the City Clerk to the effect that each Formation
Document is a true, correct and complete copy of the one duly adopted by the City Council;
(2) The Official Statement;
(3) An unqualified approving opinion for the Bonds, dated the Closing
Date and addressed to the City, of Best Best & Krieger LLP, Bond Counsel for the District, in the
form attached to the Preliminary Official Statement as Appendix H, and an unqualified opinion of
such counsel, dated the Closing Date and addressed to the Underwriter, to the effect that such
approving opinion addressed to the District may be relied upon by the Underwriter to the same extent
as if such opinion was addressed to it;
7
DOCSOC\929695v I ~22245.0138
(4) A supplemental opinion, dated the Closing Date and addressed to the
Underwriter, of Best Best & Krieger LLP, Bond Counsel for the District, to the effect that (i) the
District Documents have been duly authorized, executed and delivered by the City or the District, as
applicable, and, assuming such agreements constitute valid and binding obligations of the other
parties thereto, constitute the legally valid and binding agreements of the City or the District, as
applicable, enforceable in accordance with their terms, except as enforcement may be limited by
bankruptcy, moratorium, insolvency or other laws affecting creditor's rights or remedies and is
subject to general principles of equity (regardless of whether such enforceability is considered in
equity or at law); (ii) the Bonds are not subject to the registration requirements of the Securities Act
of 1933, as amended, and the Bond Indenture is exempt from qualification under the Trust Indenture
Act of 1939, as amended; (iii) the information contained in the Official Statement on the cover and
under the captions "INTRODUCTION," "THE BONDS," "SOURCES OF PAYMENT FOR THE
BONDS," "THE COMMUNITY FACILITIES DISTRICT," "SPECIAL RISK FACTORS -
Proposition 218," "TAX MATTERS" and Appendices E and H thereof, insofar as it purports to
summarize certain provisions of the Law, the Formation Documents, the Bonds and the Bond
Indenture and the exclusion from gross income for federal income tax purposes and exemption from
State of California personal income taxes of interest on the Bonds, present a fair and accurate
summary of such provisions; and (iv) the Special Tax has been duly and validly authorized in
accordance with the provisions of the Law and, except as the same may be limited by bankruptcy,
insolvency, reorganization, fraudulent conveyance or transfer, moratorium or other laws relating to or
affecting generally the enforcement of creditors' rights, by equitable principles and by the exercise of
judicial discretion in appropriate cases, a lien to secure payment of the Special Taxes has been
imposed on all nonexempt property in the District;
(5) An opinion, dated the Closing Date and addressed to the Underwriter,
of Stradling Yocca Carlson & Rauth, a Professional Corporation, counsel for the Underwriter, to the
effect that (i) the Bonds am exempt from the registration requirements of the Securities Act of 1933,
as amended, and the Bond Indenture is exempt l¥om qualification under the Trust Indenture Act of
1939, as amended; and (ii) without having undertaken to determine independently the accuracy or
completeness of the statements contained in the Official Statement, but on the basis of their
participation in conferences with representatives of the City, Bond Counsel, representatives of the
Underwriter and others, and their examination of certain documents, nothing has come to their
attention which has led them to believe that the Official Statement as of its date and as of the Closing
Date contained any untrue statement of a material fact or omitted to state a material fact required to
be stated therein or necessary to make the statements therein, in light of the circumstances under
which they were made, not misleading (except that no opinion or belief need be expressed as any
financial or statistical data, appraisals, assessed values or projections contained in the Official
Statement);
(6) A certificate, dated the Closing Date and signed by an authorized
representative of the District, ratifying the use and distribution by the Underwriter of the Preliminary
Official Statement and the Official Statement in connection with the offering and sale of the Bonds;
and certifying that (i) the representations and warranties of the District contained in Section 2 hereof
are true and correct in all material respects on and as of the Closing Date with the same effect as if
made on the Closing Date; (ii) to the best of his or her knowledge, no event has occurred since the
date of the Official Statement affecting the matters contained therein which should be disclosed in
the Official Statement for the purposes for which it is to be used in order to make the statements and
information contained in the Official Statement not misleading in any material respect, and the
Bonds, the Formation Documents and the District Documents conform as to form and tenor to the
8
DOCSOC\929095v I \222450138
descriptions thereof contained in the Official Statement; (iii) the District has complied with all the
agreements and satisfied all the conditions on its part to be performed or satisfied under the
Formation Documents, the District Documents and the Official Statement at or prior to the Closing
Date; and (iv) the representations and warranties of the City contained in the City Certificate are true
and correct in all material respects on and as of the Closing Date, with the same effect as if made on
the Closing Date, except that all references therein to the Preliminary Official Statement shall be
deemed to be references to the Official Statement;
(7) An opinion, dated the Closing Date and addressed to the Underwriter,
of the City Attorney, to the effect that (i) to the best of his or her knowledge and except as disclosed
in the Official Statement, no action, suit, proceeding, inquiry or investigation, at law or in equity,
before or by any court, regulatory agency, public board or body is pending or threatened which
would materially adversely affect the ability of the District to perform its obligations under the
Bonds, the Formation Documents or the District Documents, or seeking to restrain or to enjoin the
development of property within the District, the issuance, sale, delivery or exclusion from gross
income for federal income tax purposes or State of California personal income taxes of interest on
the Bonds, or the application of the proceeds thereof in accordance with the Bond Indenture, or the
collection or application of the Special Tax to pay the principal of and interest on the Bonds, or in
any way contesting or affecting the validity or enforceability of the Bonds, the Formation Documents
or the District Documents or the accuracy of the Official Statement, or any action of the City
contemplated by any of said documents; (ii) the City is duly organized and validly existing as a
charter city under the Constitution and laws of the State of California and the District is duly
organized and validly existing as a community facilities district under the laws of the State of
California, and the District has full legal right, power and authority to issue the Bonds and to pertbrm
all of its obligations under the Formation Documents and the District Documents; (iii) the City and
the District have obtained all approvals, consents, authorizations, elections and orders of or filings or
registrations with any State governmental authority, board, agency or commission having jurisdiction
which constitute a condition precedent to the levy of the Special Tax, the issuance of the Bonds or
the performance by the District of its obligations thereunder or under the Bond Indenture, except that
no opinion need be expressed regarding compliance with blue sky or other securities laws or
regulations, whatsoever; (iv) the City Council has duly and validly adopted the District Resolutions
at meetings of the City Council which were called and held pursuant to law and with all public notice
required by law and at which a quorum was present and acting throughout, and the District
Resolutions are now in full force and effect and have not been amended; and (v) each of the City and
the District has duly authorized, executed and delivered the District Documents to which it is a party
and the Bonds and has duly authorized the preparation and delivery of the Official Statement, and the
District Documents and the Bonds constitute legal, valid and binding agreements of the District and
the City, as applicable, enforceable in accordance with their respective terms, subject to bankruptcy,
insolvency, reorganization, moratorium and other laws affecting the enforcement of creditors' rights
in general and to the application of equitable principles if equitable remedies are sought and to the
limitations on legal remedies against cities in the State of California;
(8) A certificate dated the Closing Date and addressed to the Underwriter,
the City and the District, from the Developer in substantially the form attached hereto as Exhibit C;
(9) An opinion dated the Closing Date and addressed to the Underwriter,
the City and the District, by counsel to the Developer, substantially in the form attached hereto as
Exhibit D;
(10) A certificate dated the Closing Date from McGill, Martin Self, Inc.
addressed to the City, the District and the Underwriter to the effect that (i) the Special Tax if
collected in the maximum amounts permitted pursuant to the Rate and Method of Apportionment of
Special Taxes as of the Closing Date would generate at least 110% of the maximum annual debt
service payable with respect to the Bonds, based on such assumptions and qualifications as shall be
acceptable to the Underwriter, and (ii) all information supplied by it for use in the Official Statement
is tree and correct as of the date of the Official Statement and as of the Closing Date;
(11) A letter dated the Closing Date from Brace W. Hull & Associates,
Inc. (the "Appraiser") addressed to the Underwriter, the District and the City to the effect that it has
prepared the appraisal report (the "Appraisal") with respect to the properly located within the District
and that (a) the Appraisal, in the form set forth in Appendix C to the Official Statement, may be
included in the Preliminary Official Statement and the Official Statement, (b) neither the Appraisal
included in Appendix C nor the information in the Official Statement referring to the Appraisal
contains any untrue statement ora material fact or omits to state a material fact necessary in order to
make the statements therein, in light of the cimumstances under which they were made, not
misleading, and (c) no events or occurrences have been ascertained by it or have come to its attention
that would materially change the opinion set forth in its report;
(12) A letter from The Meyers Group dated the Closing Date addressed to
the Underwriter, the City and the District to the effect that it has prepared the market absorption
study (the "Study") referred to in the Official Statement and that (a) the summary of the Study in
Appendix B thereto may be included in the Preliminary Official Statement and the Official
Statement, (b) neither the summary nor the information regarding the projected absorption of the
proposed development described in the Official Statement contains any untrue statement of a
material fact or omits to state a material fact necessary in order to make the statements therein, in
light of the circumstances under which they were made, not misleading, and (c) no events or
occurrences have been ascertained by it or have come to its attention that would materially change
the opinion set forth in its report;
(13) A certificate of the District dated the Closing Date, in a form
acceptable to Bond Counsel, that the Bonds are not arbitrage bonds within the meaning of Section
148 of the Internal Revenue Code of 1986, as amended;
(14) A certificate to the Fiscal Agent and an opinion of counsel to the
Fiscal Agent dated the Closing Date and addressed to the City; the District and the Underwriter to the
effect that it has duly authorized the execution and delivery of the Bond Indenture and that the Bond
Indenture is a valid and binding obligation of the Fiscal Agent enforceable in accordance with its
terms;
(15) Such additional legal opinions, certificates, instruments and other
documents as the Underwriter may reasonably request to evidence the truth and accuracy, as of the
date hereof and as of the Closing Date, of the statements and information contained in the
Preliminary Official Statement and the Official Statement, of the District's representations and
warranties contained herein and the due performance or satisfaction by the District at or prior to the
Closing of all agreements then to be performed and all conditions then to be satisfied by the District
in connection with the transactions contemplated hereby and by the OfficiaI Statement; and
10
DOCSOC\929695v I \22245 0138 . ~
/
If the District shall be unable to satisfy the conditions to the obligations of the Underwriter to
purchase, accept delivery of and pay for the Bonds contained in this Bond Purchase Agreement, or if
the obligations of the Underwriter to pumhase, accept delivery of and pay for the Bonds shall be
terminated for any reason permitted by this Bond Purchase Agreement, this Bond Purchase
Agreement shall terminate and neither the Underwriter nor the District shall be under any further
obligation hereunder, except that the respective obligations of the District and the Underwriter set
forth in Section 5 and Section 6 hereof shall continue in full force and effect.
4. Conditions of the District's Obligations. The District's obligations hereunder are
subject to the Undetwriter's performance of its obligations hereunder, and are also subject to the
following conditions:
(a) As of the Closing Date, no litigation shall be pending or, to the knowledge of
the duly authorized officer of the District executing the certificate referred to in Section 3(c)(6)
hereof, threatened, to restrain or enjoin the issuance or sale of the Bonds or in any way affecting any
authority for or the validity of the Bonds, the Formation Documents, the District Documents or the
existence or powers of the City or the District; and
(b) As of the Closing Date, the District shall receive the approving opinions of
Bond Counsel referred to in Section 3(c)(3) and (4) hereof, dated as of the Closing Date, addressed to
the City, the District and the Underwriter.
5. Expenses. Whether or not the Bonds are delivered to the Underwriter as set forth
herein:
(a) The Underwriter shall be under no obligation to pay, and the District shall
pay or cause to be paid (out of any legally available funds of the District) all expenses incident to the
performance of the District's obligations hereunder, including, but not limited to, the cost of printing
and delivering the Bonds to the Underwriter, the cost of preparation, printing, distribution and
delivery of the Bond Indenture, the Preliminary Official Statement, the Official Statement and all
other agreements and documents contemplated hereby (and drafts of any thereof) in such reasonable
quantities as requested by the Underwriter; and the fees and disbursements of the Fiscal Agent for the
Bonds, Bond Counsel, counsel to the Underwriter in the amount of $10,000, and any accountants,
engineers or any other experts or consultants the District has retained in connection with the Bonds;
and
(b) The District shall be under no obligation to pay, and the Underwriter shall
pay, any fees of the California Debt and Investment Advisory Commission, the cost of preparation of
any "blue sky" or legal investment memoranda and this Bond Purchase Agreement; expenses to
qualify the Bonds for sale under any "blue sky" or other state securities laws; and all other expenses
incurred by the Underwriter in connection with its public offering and distribution of the Bonds
(except those specifically enumerated in paragraph (a) of this section), including the fees and
disbursements of its counsel and any advertising expenses.
6. Notices. Any notice or other communication to be given to the City under this Bond
Purchase Agreement may be given by delivering the same in writing to the City at 276 Fourth
Avenue, Chula Vista, California 91910, Attention: Finance Director; and any notice or other
communication to be given to the Underwriter under this Bond Purchase Agreement may be given by
delivering the same in writing to Stone & Youngberg, 4350 La Jolla Village Drive, Suite 140, San
11
DOCSOC\929695v 1\22245.0138
Diego, California 92122, Attention: L. William Huck, and to 50 California Street, 35~h Floor, San
Francisco, California 94111, Attention: Public Finance.
7. Parties in Interest. This Purchase Agreement is made solely for the benefit of the
District and the Underwriter (including their successors or assigns), and no other person shall acquire
or have any right hereunder or by virtue hereof.
8. Survival of Representations and Warranties. The representations and warranties of
the District and the City set forth in or made pursuant to this Bond Purchase Agreement and any
certificates delivered hereunder shall not be deemed to have been discharged, satisfied or otherwise
rendered void by reason of the Closing or termination of this Bond Purchase Agreement and
regardless of any investigations made by or on behalf of the Underwriter (or statements as to the
results of such investigations) concerning such representations and statements of the District and the
City and regardless of delivery of and payment for the Bonds.
9. Effective. This Purchase Agreement shall become effective and binding upon the
respective parties hereto upon the execution of the acceptance hereof by the District and shall be
valid and enforceable as of the time of such acceptance.
10. No Prior Agreements. This Purchase Agreement supersedes and replaces all prior
negotiations, agreements and understandings between the parties hereto in relation to the sale of
Bonds for the District.
11. Governing Law. This Bond Purchase Agreement shall be governed by the laws of
the State of California.
12
12. Counterparts. This Bond Purchase Agreement may be executed in several
counterparts, each of which shall be an original and all of which shall constitute one and the same
instrument.
Very truly yours,
STONE & YOUNGBERG LLC
By:
Managing Director
ACCEPTED: December__, 2002
COMMUNITY FACILITIES DISTRICT NO. 06-I
(EASTLAKE - WOODS, VISTAS AND LAND
SWAP)
By:
Finance Director
13
DOCSOC\929695vI\22245.0138 /~)~ ~3~
EXHIBIT A
MATURITY SCHEDULE
COMMUNITY FACILITIES DISTRICT NO. 06-I
(EASTLAKE - WOODS, VISTAS AND LAND SWAP)
2002 IMPROVEMENT AREA A SPECIAL TAX BONDS
Maturity Date
(September 1) Principal Coupon Yield or Price
Par Amount $
Underwriter's Discount $
Purchase Price $
A-I
DOCSOC\929695v i \22245.0138
EXHIBIT B
CERTIFICATE OF REPRESENTATIONS AND WARRANTIES
OF THE CITY OF CHULA VISTA
December __, 2002
To: Stone & Youngberg LLC
San Diego, California
Re: Community Facilities District No. 06-[ (Eastlake - Woods, ?istas and Land Swap)
2002 Improvement Area A Special Tax Bonds
Ladies and Gentlemen:
We are delivering to you this certificate in connection with the issuance and sale of
$ aggregate principal amount of the Community Facilities District No. 06-I (Eastlake -
Woods, Vistas and Land Swap) 2002 Improvement Area A Special Tax Bonds and pursuant to the
Bond Purchase Agreement, dated the date hereof (the "Purchase Contract"), by and between you and
Community Facilities District No. 06-I (Eastlake - Woods, Vistas and Land Swap) (the "District").
All capitalized terms used herein without definition shall have the meanings assigned to such terms
in the Purchase Contract.
The undersigned, in his capacity as an officer of'the City and not in his individual capacity,
on behalf of the City, represents and warrants to you that:
(1) The City is duly organized and validly existing as a charter city under the
Constitution and laws of the State of California and the City Council o£ the City, as the legislative
body o£ the District, has duly and validly adopted each of the District Resolutions and authorized the
formation of the District pursuant to the Law.
(2) The information contained in the Preliminary Official Statement is, as of the
date thereof and as of the date hereof, true and correct in all material respects and does not, as of thc
date thereof and as of the date hereof, contain any untrue statement of a material fact or omit to state
a material fact required to be stated therein or necessary to make the statements therein, in light of the
circumstances under which they were made, not misleading.
CITY OF CHULA VISTA
By:
Finance Director
B-1
EXHIBIT C
CERTIFICATE OF DEVELOPER OF LAND WITHIN THE DISTRICT
December __, 2002
Stone & Youngberg LLC
4350 La Jolla Village Drive, Suite 840
San Diego, California 92122
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
Re: $ Community Facilities District No. 06-1 (Eastlake - Woods, Vistas ahd
Land Swap) 2002 Improvement Area A Special Tax Bonds (the "Bonds ")
Ladies and Gentlemen:
The Eastlake Company, LLC, a California limited liability company (the "Developer"),
hereby certifies that:
1. The Developer is the owner of certain of the land within Improvement Area A (the
"Improvement Area") of Community Facilities District No. 06-I (Eastlake - Woods,
Vistas and Land Swap) (the "District"), as described in the Preliminary Official
Statement of the District dated November , 2002 relating to the above-captioned
Bonds (the "Preliminary Official Statement") and the Official Statement of the
District dated December __, 2002 relating to the above-captioned Bonds (the
"OfficiaI Statement").
2. The Developer covenants that, while the Borids are outstanding, the Developer will
not bring any action, suit, proceeding, inquiry or investigation at law or in equity,
before any court, regulatory agency, public board or body which in any way seeks to
challenge or overturn the District, the levy of the Special Tax in accordance with the
rate and method of apportionment contained in the Notice of Special Tax Lien to be
recorded in the real property records of the County of San Diego (the "Rate and
Method of Apportionment") or the validity of the Bonds or the proceedings leading
up to their issuance. The foregoing covenant shall not prevent the Developer from
bringing an action or suit contending that the Special Tax has not been levied in
accordance with the methodology contained in the Rate and Method of
Apportionment.
3. Any and all information submitted by the Developer to the City and the Undetwvriter
in connection with the preparation of the Preliminary Official Statement, the Official
Statement, and any and all information submitted by the Developer to the Special Tax
C-1
DOCSOC\929695v 1\22245.0138
Consultant, the Appraiser and the Market Absorption Consultant, was, to the best of
the Developer's knowledge; tree and correct when given and remains true and correct
as of the date hereof, and all information in the Preliminary Official Statement
relating to the Developer and the development of its land within the Improvement
Area was final as of its date for purposes of Rule 15c2-12 promulgated under the
Securities Exchange Act of 1934.
4. The statements relating to the Developer, its proposed development in the
Improvement Area, its property ownership and its contractual arrangements contained
in the Preliminary Official Statement and the Official Statement do not contain any
untrue statement of a material fact or omit to state a material fact required to be stated
therein or necessary to make the statements therein, in the light of the cimumstances
under which they were made, not misleading. If at any time subsequent hereto and
within 25 days after the Closing Date any such statements in the Preliminary Official
Statement or the Official Statement become untrue, the Developer agrees to notify the
City and the Underwriter immediately.
5. No proceedings are pending or, to the best of the Developer's knowledge, threatened
in which the Developer or any of its members may be adjudicated as bankrupt or
discharged from any or all of their debts or obligations or granted an extension of
time to pay its debts or a reorganization or readjustment of its debts.
6. Except as disclosed in the Preliminary Official Statement and the Official Statement,
no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by
any court, regulatory agency, public board or body, is pending or, to the best of the
Developer's knowledge, threatened, in any way seeking to restrain or enjoin the
development of the property within the Improvement Area or in any way seeking to
invalidate or set aside any final or vesting tentative maps on land in the District.
7. Except as disclosed in the Preliminary Official Statement and the Official Statement,
to the best of the Developer's knowledge, no other public debt secured by a tax or
assessment on the land in the District is in the process of being authorized and no
assessment districts or community facilities districts have been or are in the process
of being formed which include any portion of the land within the Improvement Area.
8. Except as disclosed in writing to the Underwriter and the City, to the best of the
Developer's knowledge, based upon due inquiry, there are no events of monetary
default or events which with the passage of time would constitute a monetary default
under any loan or similar credit arrangement to which the Developer or any of its
members is a party which would materially and adversely affect the Developer's
ability to develop the property or pay Special Taxes when due.
9. The Developer has duly authorized and executed the Funding Agreement and will,
prior to the Closing Date, execute the Continuing Disclosure Agreement
(collectively, the "Developer Agreements"), and upon execution such Developer
Agreements will be the valid obligations of the Developer, enforceable against the
Developer in accordance with their respective terms, and none of the documents
which govern the Developer would cause such Developer Agreements to be invalid
or unenforceable against the Developer in accordance with their terms; and no event
C-2
has occurred which, with the passage of time, would constitute a default by the
Developer of any of its obligations under the Developer Agreements.
10. All capitalized terms not otherwise defined herein shall have the meaning set forth in
the Bond Purchase Agreement to be entered into between the District and Stone &
Youngberg LLC relating to the sale of the Bonds.
THE EASTLAKE COMPANY, LLC, a California
limited liability company
By:
C-3
EXHIBIT D
OPINION OF DEVELOPER COUNSEL
(1) The Developer is duly formed, validly existing and in good standing as a limited
liability company under the laws of the State of California, and is in good standing in the State of
California.
(2) The Developer has the power to enter into and perform its obligations under the
Continuing Disclosure Agreement dated as of _, 2002 and the Acquisition Agreement
dated as of , 2002 (collectively, the "Developer Agreements"), has duly authorized,
executed, and delivered the Developer Agreements, and has authorized the performance of its
respective duties and obligations thereunder.
(3) Each of the Developer Agreements constitutes a legally valid and binding obligation
of the Developer, enforceable in accordance with its terms.
(4) The execution and delivery of the each of the Developer Agreements by the
Developer, and compliance with the provisions thereof by the Developer will not result in a violation
of, a breach of, or a default under the operating agreement of the Developer or, to our knowledge, of
any trust agreement, mortgage, deed of trust, note, lease, commitment, agreement, or other
instrument to which the Developer is a party, or, to our knowledge, any order, rule or regulation of
any court or other governmental body having jurisdiction over the Developer, the breach of which
might have a materially adverse effect on the ability of the Developer to perform its obligations
under the Developer Agreements.
(5) There is no litigation pending or threatened against or affecting the Developer
(a) which affects or seeks to prohibit, restrain or enjoin the development by the Developer of
Improvement Area A, or (b) in which the Developer or any of the members of the Developer may be
adjudicated as bankrupt or discharged from any or all of its debts or obligations or granted an
extension of time to pay its debts or a reorganization or readjustment of its debts, or (c) which seeks
to grant an extension of time to pay the Developer's debts, or (d) seeks to effect a reorganization or
readjustment of the Developer's debts.
(6) During the course of our representation the Developer, we have reviewed certain
documents and have participated in conferences in which the contents of the Official Statement and
related matters were discussed. To our knowledge, no facts have come to our attention which would
cause us to believe that the statements contained in the Official Statement under the headings "THE
COMMUNITY FACILITIES DISTRICT," "THE DEVELOPMENT AND PROPERTY
OWNERSHIP," and "SPECIAL RISK FACTORS" relating to Improvement Area A and the
Developer (excluding therefrom the financial and statistical data included therein) contain any untrue
statement of a material fact or omit to state a material fact required to be stated therein or necessary
to make the statements therein, in light of the circumstances under which they were made, not
misleading (except as to financial information contained therein, as to which no view or opinion is
expressed).
D-1
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, APPROVING THE FORM OF AN
ACQUISITION/FINANCING AGREEMENT PERTAINING TO
COMMUNITY FACILITIES DISTRICT NO. 06-I (EASTLAKE -
WOODS, VISTAS AND LAND SWAP)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the
"City Council"), has held and conducted proceedings relating to formation of a community
facilities district and the authorization to levy special taxes and to issue of bonds of such
community facilities district to finance the acquisition or construction of certain public
improvements, as authorized pursuant to the terms and provisions of the "Mello-Roos Community
Facilities Act of 1982", being Chapter 2.5. Part 1, Division 2, Title $ 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"). Such
community facilities district is designated as COMMUNITY FACILITIES DISTRICT NO. 06-I
(EASTLAKE - WOODS, VISTAS AND LAND SWAP) (the "District"); and,
WHEREAS, the District was formed for the purpose of financing the acquisition of such
public improvements from The EastLake Company, LLC, the master developer of the property
within the District (the "Developer"); and,
WHEREAS, the City and the Developer have negotiated the terms and conditions pursuant
to which the public improvements are to be constructed or acquired and bonds are to be issued to
finance the acquisition of such public improvements and such terms and conditions have been
memorialized in an Acquisition/Financing Agreement by and between the City and the Developer
(the "Acquisition/Financing Agreement"), the form of which has been presented to this City
Council for its consideration and approval.
NOW, THEREFORE, IT IS HEREBY RESOLVED:
SECTION 1. The above recitals are all true and correct.
SECTION 2. The form of Acquisition/Financing Agreement, herewith submitted, is approved
substantially in the form submitted. The Mayor is hereby authorized to execute the final form of
such agreement on behalf of the City. The City Manager, subject to the review of the City'
Attorney and Bond Counsel, is authorized to approve changes in such agreement deemed to be in
the best interests of the City, approval of such changes to be evidenced by the execution of such
agreement.
PREPARED BY: APPROVED AS TO FORM BY:
John P. Lippitt John Kaheny
Director of Public Works City Attorney
J:\Attomey\RESO\CFD 06-1 Approving.doc
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO.
06-I (EASTLAKE WOODS, VISTAS AND LAND SWAP),
AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF SPECIAL
TAX BONDS OF THE DISTRICT FOR IMPROVEMENT AREA A
THEREOF, APPROVING THE FORM OF BOND INDENTURE, BOND
PURCHASE AGREEMENT, PRELIMINARY OFFICIAL STATEMENT
AND OTHER DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS
IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (this
"City Council"), did previously conduct proceedings to form and did form a community facilities
district and designate 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"), such Community Facilities District designated as COMMUNITY
FACILITIES NO. 06-I (EASTLAKE - WOODS, VISTAS AND LAND SWAP) (the "Community
Facilities District") and such improvement areas designated as IMPROVEMENT AREA A and
IMPROVEMENT AREA B, for the purpose of financing the acquisition or construction of certain
public improvements; and,
WHEREAS, this City Council has previously declared its intention to issue bonds for each
of the improvement areas to finance the acquisition or construction of such improvements, such
bonds be issued pursuant to the terms and provisions of the Act and the City of Chula Vista
Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts, as
amended to date (the "Goals and Policies"); and,
WHEREAS, at this time this City Council desires to set forth the general terms and
conditions relating to the authorization, issuance and administration of such bonds for
Improvement Area A; and,
WHEREAS, the forms of the following documents have been presented to and considered
for approval by this City Council:
A. Bond Indenture by and between the Community Facilities District and U.S. Bank,
N.A., as fiscal agent (the "Fiscal Agent") setting forth the terms and conditions
relating to the issuance and sale of bonds (the "Bond Indenture");
B. Bond Purchase Agreement authorizing the sale of bonds to Stone & Youngberg
LLC, the designated unde[writer (the "Bond Purchase Agreement");
C. Preliminary Official Statement containing information including but not limited to
the Conununity Facilities District, Improvement Area A and the bonds, including
the terms and conditions thereof (the "Preliminary Official Statement"); and
D. Continuing Disclosure Agreement by and between the Community Facilities
District and U.S. Bank, N.A., as dissemination agent (the "Dissemination
Agent"), pursuant to which the Community Facilities District will be obligated to
provide ongoing annual disclosure relating to the bonds (the "Continuing
Disclosure Agreement"); and
WHEREAS, this City Council, with the aid of City staff, has reviewed and considered the
Bond Indenture, the Bond Purchase Agreement, the Continuing Disclosure Agreement and the
Preliminary Official Statement and finds those documents suitable for approval, subject to the
conditions set forth in this resolution; and
WHEREAS, all conditions, things and acts required to exist, to have happened and to have
been performed precedent to and in the issuance of the bonds as contemplated by this resolution
and the documents referred to herein exist, have happened and have been performed or have been
ordered to have been preformed in due time, form and manner as required by the laws of the State
of California, including the Act and the applicable policies and regulations of the City of Chula
Vista.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. Recitals. The above recitals are true and correct.
SECTION 2. Determinations. This legislative body hereby makes the following
determinations pertaining to the proposed issuance of the Bonds:
(a) The Goals and Policies generally require that the full cash value of the properties
within Improvement Area A of the Community Facilities District subject to the
levy of the special taxes must be at least 4 times the principal amount of the Bonds
(as defined below) and the principal amount of all other bonds outstanding that are
secured by a special tax levied pursuant to the Act on property within Improvement
Area A or a special assessment levied on property within Improvement Area A
(collectively, "Land Secured Bonded Indebtedness").The Act authorizes the City
Council, acting as the legislative body of the Community Facilities District, to sell
the Bonds only if the City Council has determined prior to the award of the sale of
the Bonds that the value of su9h properties within Improvement Area A will be at
least 4 times the amount of such Land Secured Indebtedness.
The value of the property within Improvement Area A of the Commurdty Facilities
District which will be subject to the special tax to pay debt service on the Bonds
will be at least 4 times the amount of the Land Secured Bonded Indebtedness.
The Goals and Policies further provide that the full cash value of each development
area for which no final subdivision map has been filed must also be at least 4 times
the Land Secured Bonded Indebtedness allocable to each such property. The value
of certain development areas will be less than 4 times the Land Secured
Indebtedness allocable to such areas.
The Goals and Policies do, however, provide that a bond issue for a community
facilities district with a value-to-debt ratio of less than 4:1 but equal to or greater than
3:1 for any development area may be approved, in the sole discretion of the City
Council, upon a determination by the City Manager, after consultation with the
Director of Finance, bond counsel, the underwriter and the financial advisor
(collectively, the "City's Financing Team"), that a value-to-debt ratio of less than 4:1
for such development areas is financially prudent under the circumstances of the
particular community facilities district. The City Manager has consulted with the
City's Financing Team regarding the value-to-debt ratios within the development
areas within Improvement Area A. Based upon the review, findings and
determination of the City Manager as set f6rth in the staff report related to this
matter which is incorporated herein by this reference, this City Council finds that
the issuance of the Bonds is financially prudent under the existing facts and
circumstances and approves the issuance of the Bonds.
The foregoing determinations are based upon the full cash value of such properties
and development areas as shown upon an appraisal of the subject properties
prepared by Bruce W. Hull & Associates, a state certified real estate appraiser, as
defined in Business and Professions Code Section 11340(c). Such determination
was made in a manner consistent with the Goals and Policies.
(b) The terms and conditions of the Bonds as contained in the Bond Indenture are
consistent with and conform to the Goals and Policies.
(c) As a result of the current status of development of the property within
Improvement Area A and the relative overall lack of diversity of ownership of
property within Improvement Area A, the private sale of the Bonds will result in a
lower overall cost to the Community Facilities District.
SECTION 2. Bonds Authorized. Pursuant to the Community Facilities District Law, this
Resolution and the Bond Indenture, special tax bonds of the Community Facilities District
designated as "City of Chula Vista Community Facilities District No. 06-I (San Migueal Ranch)
2002 Improvement Area A Special Tax Bonds" (the "Bonds") in an aggregate principal amount
not to exceed $39,000,000 are hereby authorized to be issued. The date, manner of payment,
interest rate or rates, interest payment dates, denominations, form, registration privileges, manner
of execution, place of payment, terms of redemption and other terms, covenants and conditions of
the Bonds shall be as provided in the Bond Indenture as finally executed.
SECTION 3. Authorization and Conditions. An Assistant City Manager, the Director of
Finance and such other official or officials of the City as may be designated by this City Council
(each, an "Authorized Officer") are each hereby authorized and directed to execute and deliver the
final form of the various documents and instruments described in this Resolution, with such
additions thereto or changes therein as such Authorized Officer may deem necessary and advi sable
provided that no additions or changes shall authorize an aggregate principal amount of Bonds in
excess of $39,000,000, an annual interest rate on the Bonds in excess of six and seventy five
hundredths percent (6.75 %) per year and a purchase price for the Bonds not less than ninety eight
and twenty five hundredths percent (98.25 %) of the par amount of the Bonds (excluding original
issue discount, if any). The approval of such additions or changes shall be conclusively evidenced
by the execution and delivery of such documents or instruments by an Authorized Officer, upon
consultation with and review by the City Attorney and Best Best & Krieger LLP, the Community
Facilities District's bond counsel.
SECTION 4. Bond Indenture. The form of Bond Indenture by and between the
Community Facilities District and the Fiscal Agent, with respect to the Bonds as presented to this
City Council and on file with the City Clerk is hereby approved. An Authorized Officer is hereby
authorized and directed to cause the same to be completed and executed on behalf of the
Community Facilities District, subject to the provisions of Section 3 above.
SECTION 5. Official Statement and Continuing Disclosure Agreement. The City Council
hereby approves the form of the Preliminary Official Statement as presented to this City Council
and on file with the City Clerk, together with any changes therein or additions thereto deemed
advisable by the Director of Finance or, in the absence of the Director of Finance, another
Authorized Officer. Pursuant to Rule 15c2-12 under the Securities Exchange Act of 1934 (the
"Rule") the Director of Finance or, in the absence of the Director of Finance, another Authorized
Officer is authorized to determine when the Preliminary Official Statement is deemed final, and
the Director of Finance or such other Authorized Official is hereby authorized and directed to
provide written certification thereof. The execution of the final Official Statement, which shall
include such changes and additions thereto deemed advisable by the Director of Finance or, in the
absence of the Director of Finance, another Authorized Officer pursuant to the Rule, shall be
conclusive evidence of the approval of the final Official Statement by the Community Facilities
District. The City Council hereby authorizes the distribution of the final Official Statement by the
Underwriter as the initial purchaser of the Bonds.
The form of Continuing Disclosure Agreement by and between the Community Facilities
District and the Dissemination Agent as presented to this City Council and on file with the City
Clerk is hereby approved. An Authorized Officer is hereby authorized and directed to cause the
same to be completed and executed on behalf of the Community Facilities District, subject to the
provisions of Section 3 above.
4
SECTION 6. Sale of Bonds. This City Council hereby authorizes and approves the
negotiated sale of the Bonds to Stone & Youngberg LLC (the "Underwriter"). The form of the
Bond Purchase Agreement is hereby approved and an Authorized Officer is hereby authorized and
directed to execute the Bond Purchase Agreement on l~ehalf of the Community Facilities District
upon the execution thereof by the Underwriter, subject to the provisions of Section 3 above.
SECTION 7. Bonds Prepared and Delivered. Upon the execution of the Bond Purchase
Agreement, the Bonds shall be prepared, authenticated and delivered, all in accordance with the
applicable terms of the Community Facilities District Law and the Bond Indenture, and any
Authorized Officer and other responsible City officials, acting for and on behalf of the Community
Facilities District, are hereby authorized and directed to take such actions as are required under
the Bond Purchase Agreement and the Bond Indenture to complete all actions required to evidence
the delivery of the Bonds upon the receipt of the purchase price thereof from the Underwriter.
SECTION 8. Actions. All actions heretofore taken by the officers and agents of the City
with respect to the establishment of the Community Facilities District and the sale and issuance of
the Bonds are hereby approved, confirmed and ratified, and the proper officers of the City, acting
for and on behalf of the Community Facilities District, are hereby authorized and directed to do
any and all things and take any and all actions and execute any and all certificates, agreements,
contracts, and other documents, which they, or any of them, may deem necessary or advisable in
order to consummate the lawful issuance and delivery of the Bonds in accordance with the
Community Facilities District Law, this Resolution, the Bond Indenture, the Bond Purchase
Agreement, the Continuing Disclosure Agreement, and any certificate, agreement, contract, and
other document described in the documents herein approved.
SECTION 9. Effective Date. This resolution shall take effect from and after its adoption.
Presented by Approved as to form by
John P. Lippitt John Kaheny
Public Works Director City Attorney
J:\Attorney\RESO\CFD 06-I Issuance.doc
COUNCIL AGENDA STATEMENT
Item [ /
Meeting Date 11/19/02
ITEM TITLE: Consideration to amend the Public Works Department budget by adding
two Storm Water Compliance Inspectors positions, one Sr. Maintenance
Worker and one new Maintenance Worker I/II for the Storm Water
Program
SUBMITTED BY: Director of Public Works ~
City Manager ~ v~-~ (4/5ths Vote: Yes __ No x _)
REVIEWED
BY:
On February 21, 2001, the San Diego Regional Water Quality Control Board adopted the new
National Pollutant Discharge Elimination System (NPDES) permit, Order No. 2001-01.
Pursuant to the Federal Clean Water Act, and the California Porter-CoLogne Water Quality
Control Act, and in compliance with said Permit, 18 municipalities of San Diego County
(including Chula Vista), as well as the San Diego Unified Port District and the County of San
Diego, collectively referred to as the Copermittees, are mandated to maintain compliance with
the requirements of the Permit by implementing various tasks set out in that Permit.
RECOMMENDATION: It is recommended that this item be continued to the meeting of
November 19, 2002.
J :~engineer\aG ENDA\npdesAdditionaIS taff&Equipmentjg cont'd.doc
COUNCIL AGENDA STATEMENT
Item ]D~at
Meeting e 11/12/02
ITEM TITLE: Resolution Approving the Adoption of the 2002 Chula Vista
Subdivision Manual, the 2000 Standard Specifications for Public Works
Construction ("Greenbook"), 2000 Greenbook Regional Supplements, the
2000 Regional Standard Drawings, 2002 Chula Vista Standard Special
Provisions, 2002 Chula Vista Design and Construction Standards
(Excluding CVCS-3 & 4), Portions of the 1999 State of California
Department of Transportation Standard Plans and Standard Specifications
pertaining to traffic signals, signage, striping, and safety devices, and the
1996 State of California Manual of Traffic Controls.
SUBMITTED BY: Director of Public Works~
REVIEWED BY: City ~wanager~3~4 ~, (4/Sths Vote: Yes No X )
Engineering staff has prepared revisions to the Chula Vista Subdivision Manual to reflect changes
in standard engineering practices and current planning policies affecting subdivision design. The
Subdivision Manual incorporates changes recommended by the Departments of Public Works,
Fire, Building and Park Construction, and Planning and Building, along with various
recommendations from the development and design professional communities.
In 2000, the "Standard Specifications for Public Works Construction", commonly known as the
"Greenbook" was revised to reflect changes in technologies, specifications, and performance tests
for the construction industry. The Regional Standards Committee (which includes Chula Vista)
has updated the Regional Standard Drawings and Specifications and has published the revised
2000 edition. Engineering staff has also revised the City of Chula Vista Standard Special
Provisions and the City of Chula Vista "Department of Public Works Design Standards and
Construction Standards."
RECOMMENDATION: That Council approve the resolution adopting the following documents:
1. Subdivision Manual - dated July 2002
2. Standard Specifications for Public Works Construction - 2000 Edition "Greenbook"
3. 2000 Regional Supplement Amendments to Standard Specifications for Public Works
Construction (Greenbook Regional Supplements)
4. San Diego Area Regional Standard Drawings - dated March 2000
5. City of Chula Vista Standard Special Provisions - dated September 2002 (Excluding
CVCS-3 & 4)
6. City of Chula Vista Department of Public Works Design and Construction Standards, 2002
Edition
7. Portions of the State of California, Department of Transportation, Standard Plans and
Standard Specifications pertaining to traffic signals, signage, striping, and safety devices -
dated July 1999
8. State of California Manual of Traffic Controls - dated 1996
Page 2, Item [~
Meeting Date 11/12/02
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Subdivision Manual
The City of Chula Vista Subdivision Manual, the document outlining guidelines for subdivision
design and processing, was last updated in July 1998. Since then, staff has identified, and
recommends, a number of necessary revisions to the Subdivision Manual to implement subdivision
design of pedestrian-friendly communities, mandated changes in NPDES/water quality
requirements, and changes in GIS procedures, among other things. The major revisions to the
Subdivision Manual, as recommended by staff, are outlined below:
1. Add street standards for pedestrian oriented communities, such as those used in the Otay
Ranch development.
2. Revise requirements for access to specify the minimum number of access points to a
residential development based upon the number of residential lots as proposed by the Fire
Department. This supercedes requirements for cul-de-sac lengths based upon the physical
length of the street. The proposed changes are more relevant for the current design of
pedestrian-friendly communities within Chula Vista.
3. Revise sedimentation basin design standards for compliance with current NPDES
requirements.
4. Revise the design of storm drain facilities to accommodate the 50-year storm event~, which
is consistent with other communities, instead of both 1 O-year (lower run-off) and 50-year
storm (higher run-off) events. The current requirement to accommodate the 100-year storm
without property damage has not changed.
5. Update the method of determining the quantity of rainfall to be consistent with current
County methods to provide accurate data both along the coast and in the areas of eastern
Chula Vista.
6. Add bus turnout criteria.
7. Update GIS/survey tie criteria.
Revisions to the Subdivision Manual were sent to the design professional and development
communities for review and comment. Their comments were considered and incorporated where
appropriate. The Subdivision Manual outlines the design requirements of subdivisions to meet the
needs of the various City Departments and provide a coherent approach to subdivision design.
"Greenbook", Regional Supplement Amendments, Regional Standard Drawings
Every three years, the "Standard Specifications for Public Works Construction," also known as
the "Greenbook", is revised by Public Works Standards, Inc., an organization comprised of public
works and construction organizations. The current "Greenbook", which was published in 2000,
contains revisions that reflect changes in technology, specifications and performance tests used in
1 The 50-year storm event is the storm having a probability of occurring once every 50 or more years.
Page 3, Item ~
Meeting Date 11/12/02
the construction industry. The most recent edition adopted by the City is the 1997 edition. At the
same time the "Greenbook" is updated, the San Diego Regional Standards Committee, which is
made up of local agencies and members of the construction industry, reviews the proposed
"Greenbook", prepares Regional Supplement Amendments, and updates the Regional Standard
Drawings. The 2000 "Regional Supplement Amendments" to the "Greenbook" and Regional
Standard Drawings have been approved and adopted by the San Diego Regional Standards
Committee.
Chula Vista Standard Special Provisions, Public Works Design and Construction Standards
It is also typical for the City to consider changes to the design and construction requirements
pertaining solely to projects within the City of Chula Vista. The Chula Vista Standard Special
Provisions (dated September 2002), the 2002 Chula Vista Department of Public Works Design and
Construction Standards, and the City of Chula Vista Subdivision Manual (dated July 2002), have
all been revised and are recommended for approval. All of these documents provide design
guidelines and/or specifications for the design and construction of public facilities (i.e., streets,
drainage systems, sewer systems, street lights, traffic signals, etc.). These revisions to the
Standard Drawings and Specifications are recommended in order to strengthen our design
standards (i.e., construction details, types of construction materials, construction methods, and
alternate products). Examples of the major changes to the Public Works Design and Construction
Standards are: the addition of retaining wall details; the creation of Otay Ranch standard street
sections; the creation of non-contiguous sidewalk standards; updating the precipitation isopluvials;
the addition of sight distance requirements to ensure consistent compliance with the requirements
of the Municipal Code, the Subdivision Manual and Caltrans Design Manual; the revision of
typical sidewalk and crosswalk locations; and, the renumbering of the Design Standards.
Staff is currently working with the major utility companies (SDG&E and Pacific Bell) on revisions
to the City's trench repair and pavement resurfacing standards (CVCS-3 & 4). Staff is concerned
about the long-term durability of the trench repair, as well as the smoothness of the trench repair,
particularly for those trenches that are parallel to the roadway and within travel lanes. Staff feels
that neither the Regional Standards nor the current City of Chula Vista trench repair standards
adequately address these durability and smoothness concerns. Staff proposes to require
resurfacing of the entire lane width where trenches are parallel to the traveled lanes of four and six
lane roadways in order to achieve these standards. However, SDG&E and Pacific Bell have sent
letters to staff expressing concerns about the cost and necessity of staff's proposed standard
requiring the resurfacing of the entire lane in which a trench is located in order to assure a drable
and smooth trench repair. Therefore, staff is not recommending adoption of the trench
resurfacing standards at this time in order to explore with the utility companies possible alternative
methodologies and technologies that will satisfy the stated goals of providing a smooth and durable
trench repair. Staff anticipates returning to City Council for consideration of this item within the
next two months.
/
Page 4, Item c~,_
Meeting Date 11/12/02
Department of Transportation-Standard Plans and Specifications, Ca. Manual of Traffic Controls
Portions of the 1999 State of California, Department of Transportation, Standard Plans and
Specifications are recommended for approval to clarify the current City of Chula Vista's traffic
engineering standards. The portions of the Standard Plans recommended for approval are: A20A
thru A24E, A73A thru A73C, A75D thru A85, A88A thru A90, T1A thru T17, RS1 thru RS4, S1
thru S40U, and ES-IA thru ES-16C. The sections of the Standard Specifications recommended
for approval are: 12-1, 56-1, 59-1, 82-1, 83-1, 84-1, 85-1, 86-1, and 91-1. In addition, the City
adopted 1990 Manual of Traffic Controls was updated by Caltrans in 1996. Adoption and
compliance with the updated version ensures that the City is consistent with applicable state
standards.
The Director of Public Works has copies of the documents recommended for adoption and
summaries of the revisions available for Council viewing.
FISCAL IMPACT: The adoption of these updated documents will have no fiscal impact other
than the costs for purchasing or printing. These costs are included in the Department's operating
budget as a routine item.
File: 0600-80 EY 028
0715-30 KY 022 J:\engineer\aGENDA\standardsupdate.mtl. DOC 5/28/02
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE ADOPTION OF THE 2002
CHULA VISTA SUBDMSION MANUAL, THE 2000
STANDARD SPECiFICATIONS FOR PUBLIC WORKS
CONSTRUCTION ("GREENBOOK"), 2000 GREENBOOK
REGIONAL SUPPLEMENTS, THE 2000 REGIONAL
STANDARD DRAWINGS, 2002 CHULA VISTA STANDARD
SPECIAL PROVISIONS, 2002 CHULA VISTA DESIGN AND
CONSTRUCTION STANDARDS (EXCLUDING CVCS-3 & 4),
PORTIONS OF THE 1999 S2ATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION STANDARD PLANS
AND STANDARD SPECIFICATIONS PERTAINING TO
TRAFFIC SIGNALS, SIGNAGE, STRIPING, AND SAFETY
DEVICES, AND THE 1996 STATE OF CALIFORNIA MANUAL
OF TRAFFIC CONTROLS
WHEREAS, Engineering staff has prepared revisions to the Chula Vista
Subdivision Manual to reflect changes in standard engineering practices and current planning
policies affecting subdivision design; and
WHEREAS, the Subdivision Manual incorporates changes recommended by
the Departments of Public Works, Fire, Building and Park Construction, and Planning and
Building, along with various recommendations from the development and design professional
communities; and
WHEREAS, in 2000, the "Standard Specifications for Public Works
Construction", commonly known as the "Greenbook" was revised to reflect changes in
technologies, specifications, and performance tests for the construction industry; and
WHEREAS, the Regional Standards Committee (which includes Chula Vista)
has updated the Regional Standard Drawings and Specifications and has published the revised
2000 edition; and
WHEREAS, Engineering staff has also revised the City of Chula Vista Standard
Special Provisions and the City of Chula Vista "Department of Public Works Design
Standards and Construction Standards."
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby adopt the following construction standards for the City of Chula Vista:
1
1. Subdivision Manual dated July 2002.
2. Standard Specifications for Public Works Construction - 2000 Edition "Greenbook".
3. 2000 Regional Supplement Amendments to Standard Specifications for Public Works
Construction (Gmenbook Regional Supplements).
4. San Diego Area Regional Standard Drawings - dated March 2000.
5. City of Chula Vista Standard Special Provisions - dated September 2002 (Excluding
CVC-3 & 4).
6. City of Chula Vista Department of PublicWorks Design and Construction Standards,
2002 Edition.
7. Portions of the State of California, Department of Transportation, Standard Plans and
Standard Specifications pertaining to traffic signals, signage, striping, and safety devices
dated July 1999.
8. State of California Manual of Traffic Controls - dated 1996.
Presented by Approved as to form by
John ?. Lippitt Joh~eny
Director of Public Works City Attorney
J:\attorney\reso\greenbook
2
COUNCIL AGENDA STATEMENT
Item: ~.~
Meeting Date: 11/i~2/02
ITEM TITLE: Resolution Accsec_ting a donation of three long bcd utility
electric Global Electric 1~ ~t2~s (GEM) vehicles from the National
Park Service for the Retry, ~n ~ePartment
SUBMITTED BY: Director of Recreatio~
REVIEWED BY: City Manage~)~?~,~,~.~- (4/Sths Vote: Yes No x
The Recreation Department submitted a proposal in August 2002 to the U.S. Department of the
Interior - National Park Service (NPS) to receive a donation of three electric utility vehicles from
Global Electric Motors (GEM), a subsidiary of Daimler Chrysler. The Department was recently
notified of approval of its request and must formally accept the donation from NPS.
RECOMMENDATION: That Council adopt the resolution accepting a donation of three long
bed utility electric Global Electric Motors vehicles from the National Park Service for the
Recreation Department.
BOARDS/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
The California Park and Recreation Society (CPRS) notified the Recreation Department in
August of an opportunity to submit a request to the National Park Service (NPS) for a donation
of electric utility vehicles fi.om Global Electric Motors (GEM), a subsidiary of Daimler Chrysler.
GEM cars are zero-emission electric vehicles approved for use on public roads with a maximum
speed limit of 35MPH. The Department submitted a request for three of these vehicles. Over
750 vehicles were requested statewide; of those, 380 vehicles were approved. NPS prioritized
the requests, considering regional air quality based on California Air Resources Board standards
and service area population data.
The Department recently received notification that NPS has approved the donation of three white
long bed utility electric GEM vehicles. The Department will use two of the vehicles as
temporary replacement vehicles for ones currently used to "prep" the ball fields in City parks.
These two existing vehicles will be replaced this year. The Department and the Parks Operations
Division will use the electric vehicles at ball field sites until the replacement vehicles are
received and will then determine if electric vehicles are an option for the furore. One of the
electric vehicles will be located at Heritage Park and will be used by both Recreation and Parks
staff. The other two will ultimately be located at Loma Verde and Parkway Complexes.
The City is required to have the vehicles in operation by December 31 of this year, in order for
the State to take credit for the optimum air emission credits. In addition, the City agrees to
Page 2, Item l~-~
Meeting Date: 11/12/02
accept the vehicles in the delivered condition, coordinate any warranty repairs or replacement,
use and operate the vehicles for the stated purpose, register and license the vehicles, regularly
maintain the vehicles, and pay to install any desired accessories after delivery. GEM provides a
one-year warranty, including parts and onsite service. Attached is a copy of the Offer and
Agreement signed by the Recreation Department and a picture of the vehicle.
FISCAL IMPACT:
Public Works Operations will be absorbing the cost of registering and licensing the vehicles,
which should not exceed $500. Maintenance costs should be minimal, if any, since the vehicles
are under a one-year warranty. If any accessories for the vehicles need to be purchased, the
Recreation Department will request funds in next year's budget.
File: C:WIY DOCUMENTShRECREATIONXA-114 ELEC VEHICLES.DOC
09/27/2002 19:38 FAX ~10 Si7 1505 PESO PP ~001/004
United States Department of the Interior
NATIONAL PARK SERVICE
Pacific Great Basin Support 0trice
1111 ~lackson Stre~ Suite 700
m ~v ~ag ~o, Oakland, California 94607-1467
L3217 (PGSO-PP)
September 27, 2002
City of Chela Vista
ATI'N: 2~st. Director, Roe FAX # B19/40~5925 - 4 Pages
In August you responded to a Resonrce Alert. f~m ~he California Park and Recreation Society (CPRS)
regarding your intel~t m receiving a donation of an elec~zic utility vehicle(s) from Global Electric Motors
(GF-2~). a subsidiary of Dnimler Chrysler. The vehicles w~re offer-.xi in a l~ag or short bed pickup
configuration and we anticipated that 80 Yehicles would be available.
Based on all your requests, we IX~sented GF.I~ with a requ~t list for over 750 vohicles. The good news is
that al~e~c considerable discussion Daimler Chrysle~c agreed to donate 350 vehicles. Aa additional 30 Yehicles
out of an alloi~nent earmarked to nalional parks wil] also be available. The participation of both the National
Park Foundation and CPRS helped make this donation possible.
Ottr stetting asstuliption is that every requesting agency bas a Yalid need for tJ~ vehicle(s) they reClUeatext_
The bad news is we cannot accommocla£e all your l-equests. To be as fair as possible, ~e developed a
priorirization strategy for the donated vehicles which considered regional air quality based ~ California Air
Resouices Board and service a~a population data. Larger requests were capp~l and some isolated
were ~iven lower priority due to delivery logistics.
To simplify the manufacturing and delivery of the 380 donated vehicles, we agreed with GlUM that all the
donated vehicles will be white long bed utility GEMcar vehicles_ We are seeking agencie~ to serve as central
delivery points from where surrounding agencies can pick up their vehicles within three working days of
'delivery. Passenger and long or short bed ulility models are available thi-ough the California Department of
General Services and Lasher Motors under highly discount prices. The attached price list provides price
information on these models and accessoxies available for the donated vehicles.
Your ~equest ~as selected for the donation of 3 long bed utility electlic GF2Vlcar vehicle(s). Plea.se complete
and ~ th~ attaci~ed formal offer and agreement and fax back to ~ offic~ at 510-817,1505 by $ PM,
Tu~Y, ~tober 1, 2002~ If you can plovide a vehicle delivezy site for the allotment for your and other
nearby agencies, please indicate so. The ch~si~ated delivery agent will be llotified of the anticipated delivery
date estimated for 4-6 week~. You may anticipate delivery in November_ Shipments will be by lzucks
carrying 5-6 donated vehicles. In order 1o ~ake credit for the optimum air elllission credits, the electric
vehicles must be delivered, operable and plated before December 31. GEM.is anxious to expedite donation
and delivery to you.
We are extreme~ly I~at~fll] [o Global Electric Motorcars (GEM) and D~mler Chi3,sler for their generons
donation to help pa~k and recrealion agencies rr~ke even more of a dif~rence in protecting th~ en~oum~ut
and demous~ating sustainability.
Ray Murray
National Park Service
Fax: $10-817-1505
Tel: 510-817-1439
~rn.~ih ray_murray ~nps.gov
lO/01/2oo2 lO:35 FAX 510 817 15o5 PGSO PP ~]oo2
Offer and Agreement
GEMcar Vehicle Donation Program
As a part of the Olobal Electric Motorcars (GBM) Donation Program; the California Park a~d Recreation
Society and the National Park Service (N'PS) hereby offers the City of Chula Vista, hemin~er called
recipient, 3 GEMcar l~mg bed utility eloctrie vehicle(s), as described in Attachment 1 and heav~a~r called
donated vehicle(s). The recipient agrees ~ accept deliYea-y of the donated vehicle(s) at a location as'close as
practicable to the recipient a~d specified by NPS at a later date. Recipient und~-rsUmds the level of
improvements and accassolies in~talled on the donated vehicle(s) and accepts re~pensihility for the
procurement and in~tallafien of any de~-.d accessories following deliwx-y. RecSpient age*es to rake
possession of th~ allocated vehicles within three (3) business clays of notification. The recipient agrees to
accept the vehicles in the as delivered condition, coordinating any warranty n~paim or replacement re~ulting
from rrmnufactmqmg defect or damage during txausport..
Recipient agrees to the use and operation of the vetficles m accordance with the terms and conditions of this
agreement as specified in Altachment I and other applicable state and local laws. Recipient further agrees to
provid~ for the registration and licensing of the donated vehicles for.use on public roads, not withslanding
the intended us~, and assume full responsibility and liability for the storage, use, and operation of the
vehicles following delivery.
Recipient designates the following person the responsibility for accepting delivery of the donated vehicle(s);
Deliveries will be made on ~cks containing five or six donated vehicles. If your agency is able to Ixovide
secured ~torage for the delivery and distribution of donated Yehicle~, pleas~ indicate by completing the
following, If *elected, the above-designated persons would be contacted regardi,~g the delivery date and
time_
~,~) Yes. the City of Chula Vista is willing tO provide for the delivery, storage, and distr~ufion of
(insert maximum number in increments of 5 or 6) donated vehicles at the following location;
This offer expires at fi PM on Tuesday, October 1.2002. Please provide for the acceptance of this offer b7
au official duly autho6zed to acquire said donated vehicles with a signature below, returning ~ agreement
and offer by fax to 510-817-1505 or other means for receipt prior to the expitatien of offer.
Accepted for City of Chula Vista
Printed Nam~ ~ ~2/
RESOLUTION NO.2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING A DONATION OF THREE LONG
BED UTILITY ELECTRIC GLOBAL ELECTRIC MOTORS
(GEM) VEHICLES FROM THE NATIONAL PARK SERVICE
FOR THE RECREATION DEPARTMENT
WHEREAS, the Recreation Department submitted a proposal in August 2002 to
the U. S. Department of the Interior - National Park Service (NPS) to receive a donation of three
electric utility vehicles from Global Electric Motors (GEM), a subsidiary of
Daimler Chrysler; and
WHEREAS, the Recreation Department recently received notification that NPS
has approved the donation of three white long bed utlity electric GEM vehicles; and
WHEREAS, one of the electric vehicles will be located at Heritage Park and will
be used by both Recreation and Parks staff, and the other two will ultimately be located at Loma
Verde and Parkway Complexes for staff to use to commute from the Centers to City Hall and the
Recreation Department's main office.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby accept the donation of three long bed utility electric Global Electric Motors
(GEM) vehicles from the National Park Service for the Recreation Department.
Presented by Approved as to form by
Buck Martin John M. Kaheny
Director of Recreation City Attorney
J:\attorney\reso\donation.gem vehicles
COUNCIL AGENDA STATEMENT
Item: ] z~
Meeting Date: 11/12/02
ITEM TITLE: Resolution Amending the FY03 Recreation Department
budget by appropriating $.~,807 in Commtmity Development Block
Grant funds for the Wiz/~, ~ogram
SUBMITTED BY: Director of Recreation_ ~~}
REVIEWED BY: City Manager~ [i? ~'"-'~ (4/Sths Vote: Yes X No )
The Youth Services Network, a collaborative comprised of six agencies, including the
Recreation Department, was awarded $121,000 in Community Development Block Grant
(CDBG) funds for FY2002-03. The Recreation Department is requesting an appropriation of its
share of the funds, or $10,807, to its operating budget to fund the Wiz Kidz program at Otay
Recreation Center and Montgomery Elementary School for the fiscal year.
RECOMMENDATION: That Council adopt the resolution amending the FY03 Recreation
Department budget by appropriating $8,235 in Personnel Services and $2,572 in Supplies and
Servcies based on unanticipated CDBG reimbursements.
BOARDS/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
The Wiz Kidz program is an afterschool program that offers scheduled and supervised activities
designed to be educational and healthful, and designed to build social skills and sportsmanship.
The two-hour program operates Mondays through Fridays at the Otay Recreation Center and
Mondays through Wednesdays at Montgomery Elementary School. The program works in
cooperation with the School's homework center and the STRETCH program at the School to
maximize hours of service with minimal cost. Activities include: arts and crafts, field trips,
nutrition classes, guest speakers, group discussions, snacks, board games, sports tournaments,
contests and other special activities. The program has a core group of participants at each
location, and serves approximately 60-80 youth participants per day.
The objectives of the program are the following:
· Increase the availability of positive alternatives to high-risk behaviors that can cause harm to
oneself or others.
· Provide opportunities to learn skills that improve the ability of children to make positive life
choices.
· Provide safe social and recreationai activities for children who would otherwise be home
alone.
· Provide safe and healthy options for children of working parents after school.
· Provide educational opportunities to help children experience success in school.
Page 2, Item: ~
Meeting Date: 11/12/02
FISCAL IMPACT: The City and the Youth Services Network approved the agreement
regarding the expenditure of $121,000 in CDBG funds at the June 4, 2002 City Council meeting.
As a partner of this collaborative, the Recreation Department's share of the funding is $10,807.
These CDBG funds must be appropriated to the Department's operating budget as unanticipated
revenues and expenditures, as the Wiz Kidz program is being paid fi:om this budget. Personnel
services account for $8,235 and Supplies and Food and Snacks account for the remaining $2,572.
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY03 RECREATION
DEPARTMENT BUDGET BY APPROPRIATING $10,807 IN
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR
THE WlZ KIDZ PROGRAM
WHEREAS, the Wiz Kidz program is an aflerschool program that offers scheduled
and supervised activities designed to be educational and healthful, and designed to build social
skills and sportsmanship; and
WHEREAS, the Youth Services Network, a collaborative comprised of six
agencies, including the Recreation Department, was awarded $121,000 in Community
Development Block Grant (CDBG) funds for FY2002-03; and
WHEREAS, the Recreation Department is requesting an appropriation of its share
of the funds, or $10,807, to its operating budget to fund the Wiz Kidz program at Otay Recreation
Center and Montgomery Elementary School for the fiscal year.
NOW, THEREFORE, BE IT RESOLVED that the City Council of City of Chula
Vista does hereby amend the FY03 Recreation Department budget by appropriating $8,235 in
Personnel Services and $2,572 in Supplies and Services based on unanticipated CDBG
reimbursements for the Wiz Kidz program.
Presented by Approved as to form by
Buck Martin John M. Kaheny
Director of Recreation City Attorney
COUNCIL AGENDA STATEMENT
Item: .~_/.~
Meeting Date: 11/05/02
ITEM TITLE: Resolution approving the Purchase Agreement with Otay
Project, LP for the real property needed for Fire Station No. 7, located at
thc southeast comer of La Media Road and Street A in Village 2 of Otay
Ranch in eastern Chula Vista, and authorizing the Mayor to execute said
agreement
SUBMITTED BY: Andy Campbell, Director of Building and Park Construction ~/
REVIEWED BY: City Manager~~) (4/5ths Vote: Yes No X )
The City Council previously approved ClP project #PS-150 which involves the construction of a
completed and fully functional 12,000 square foot 4-bay fire station including the facilities and
site-work required to provide fire service to the eastern territories of the City. The design phase
of the project has already commenced. The resolution before council this evening will authorize
the purchase of the real property for Fire Station No. 7.
RECOMMENDATION: That the City Council approve the Purchase Agreement with Otay
Project, LP for the real property needed for Fire Station No. 7 and authorize the Mayor to
execute said agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
BACKGROUND:
The City Council previously approved CIP project #PS-150 which involves the construction of a
completed and fully functional 12,000 square foot 4-bay fire station to serve the eastern part of
the City. On October 22, 2002, City Council approved the Design-Build Agreement with
Rudolph and Sletten, Inc. to design and construct this new facility by September 11, 2003.
PROJECT SCOPE AND CONTRACTUAL REQUIREMENTS
As proposed, the Purchase Agreement with Otay Project, LP. will provide thc City a net 1.5 acre
pad for Fire Station No. 7. Otay Project, LP will provide all utilities, rough grading and
construct the frontage road, which will provide access to the site. The purchase price that the
City agrees to pay for the property is $525,000 and $116,000 for thc rough grading.
Page 2, Item: } ~
Meeting Date: 11/05/02
CLOSE OF ESCROW
The Close of Escrow shall occur on or before December 30, 2002. Thc Close of escrow may be
extended beyond the closing date only by mutual agreement of both parties.
ENVIRONMENTAL STATUS
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act and has determined that the proposed project was
adequately covered in the previously adopted Fire Station #7 Initial Study (IS-02-033). Thus, no
further environmental review or documentation is necessary.
HSCAL IMPACT:
The City shall purchase the 1.5 net acres of real property for $525,000. The purchase price shall
be payable as follows: $310,500 cash (from existing PS-150 appropriation) and $214,500 in the
form of credit to the Public Facilities Development Impact Fee. Additionally, grading costs of
$116,000, paid in cash from existing PS-150 appropriation are included in the sales agreement.
The total costs to purchase and grade the real property is; $525,000 + $116,000 = $641,000.
Attachments: Attachment 1 - Purchase Agreement
J:~BPC~BPC Administrafion~Agenda~Fire Station #7 Purchase A1 I3.doc
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHLILA VISTA APPROVING THE PURCHASE AGREEMENT
WITH OTAY PROJECT, LP FOR THE REAL PROPERTY
NEEDED FOR FIRE STATION NO. 7, LOCATED AT THE
SOUTHEAST CORNER OF LA MEDIA ROAD AND STREET
A IN VILLAGE 2 OF OTAY RANCH IN EASTERN CHULA
VISTA, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
WHEREAS, City Council previously approved CIP project #PS-150 which
involves the construction of a completed and fully functional 12,000 square foot 4-bay fire
station including the facilities and site-work required to provide fire service to the eastern
territories of the City; and
WHEREAS, the property is currently owned by Otay Project, LP and is located at
the southeast corner of La Media Road and Street A in Village 2 of Otay Ranch in eastern Chula
Vista; and
WHEREAS, as proposed, the Purchase Agreement with Otay Project, LP will
provide the City a net 1.5 acre pad for Fire Station No. 7; and
WHEREAS, Otay Project, LP will provide all utilities, rough grading and access
to the site; and
WHEREAS, the purchase price that the City agrees to pay for the property is
$525,000 and $116,000 for the rough grading; and
WHEREAS, the purchase and construction of Fire Station No. 7 was previously
analyzed in IS-02-033 and no further environmental review is required; and
WHEREAS, staff recommends that the City Council approve a Purchase
Agreement with Otay Project, LP for the real property needed for Fire Station No. 7.
NOW, THEREFORE, BE IT RESOLVED that' the City Council approves a
Purchase Agreement with Otay Project, LP for the real property needed for Fire Station No. 7, a
copy of which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is
hereby authorized to execute said Agreement on behalf of the City of Chula Vista.
Presented by Approved as to form by
Andy Campbell ~/k~t y AMtioKrnaehe;nY ~) ~
Director of Building and Park
Construction
J:\Attomey\RESO\Fire Station #7 a.doc
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
John M, I~nY
City Attomey
Dated: October 31, 2002
Purchase Agreement and Escrow Instructions by and between
0tay Project, LP (Seller) and City of Chula Vista (Buyer)
dated November 5, 2002
PURCHASE AGREEMENT AND ESCROW iNSTRUCTIONS
OTAY PROJECT, LP
("Seller")
and
CITY OF CHULA VISTA
, ("Buyer")
?
Dated: November 5, 2002
PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS
This PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS
("Agreement") is made and entered into as of November 5, 2002 ("Effective Date"), by
and between OTAY PROJECT, L.P., a California limited partnership ("Seller"), and the
CITY OF CHULA VISTA, a municipal corporation ("Buyer"), with reference to the facts
set forth below.
RECITAL
A. Seller is the owner of approximately 1.62 acres of that certain real
property situated in the City of Chula Vista, County of San Diego, State of California, as
described as the southwest comer of La Media Road and Street "A" more particularly
described inE ' ' ' .... ·
xh~b~t A, attached hereto and ~ncorporated herein (the "Property").
B. Seller's execution of this Agreement constitutes an irrevocable offer to sell
the Property on the terms and conditions stated herein.
C. This Agreement is intended to set forth (i) a contract of purchase and sale
between Buyer and Seller, and (ii) joint escrow instructions fi.om Seller and Buyer to
CHICAGO TITLE INSURANCE COMPANY ("Escrow Holder"), the consent of which
· appears at the end of this Agreement.
Now THEREFORE, in consideration of the mutual agreements set forth herein
and for other valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Buyer agrees to purchase and Seller agrees to sell the Property on the
terms and conditions set forth below.
1. .Agreement Of Purchase And Sale. Buyer agrees to purchase and Seller
agrees to sell the Property on the terms and conditions set forth herein.
2. Purchase Price. The purchase price ("Purchase Price") that Buyer agrees
to pay for the Property and Seller agrees to accept for the Property is Five Hundred
Twenty-five Thousand Dollars and No Cents ($525,000.00).
2.1 Purchase Price. The Purchase Pr/ce shall be payable through
Escrow as follows:
a. $310,500 shall be delivered to Escrow agent in cash,
in the form of a cashier's or certified check or wired
funds prior to the close of Escrow.
J:\Attorney\EHull\Fire Station #7\Purchase Agmt and Escrow Instructions.doc
b. $214,500 shall be in the form of credit to the Public
Facilities Development Impact Fee.
2.2 Grading Cost. Buyer agrees to pay an additional $116,000 as full
compensation for all grading to be completed by Seller on the Property and Street A prior
to Close of Escrow consistent with Exhibit B.
3. Escrow. The transaction contemplated by this Agreement shall be
processed through an escrow ("Escrow") established with Escrow Holder. Escrow shall
be deemed opened ("Opening of Escrow") upon Seller's delivery to Escrow Holder of a
signed counterpart of this Agreement. The term "Close of Escrow" and similar
references shall mean the date that Seller's Grant Deed (defined below) is filed for record
in the Office of the County Recorder of San Diego County. The Close of Escrow shall
occur on or before December 30, 2002. The Close of Escrow may be extended beyond
the Closing Date only by mutual agreement of the parties, as evidenced by delivery to
Escrow Holder of written instructions, signed by Seller and Buyer, stating the
agreed-upon date for the Close of Escrow.
4. Title. Seller shall convey the Property to Buyer subject only to those
exceptions to title identified in the preliminary title report for the Property attached hereto
and incorporated herein as Exhibit "C".
5. Deliveries By Buyer. The Purchase Price and any additional funds
necessary to pay Buyers closing costs and prorations shall be paid as provided for in
Section 2 on or before the Close of Escrow.
6. Deliveries By Seller. On or before the Close of Escrow, Seller shall sign,
acknowledge and deposit into Escrow a grant deed (the "Grant Deed") conveying the
Property to Buyer. Provided that all terms and conditions of this Agreement have been
satisfied, Escrow Agent shall record the Grant Deed at the Close of Escrow.
7. Close of Escrow. Escrow Holder shall close this Escrow on the Closing
Date by (i) filing for record Seller's Grant Deed and such other documents as may be
necessary to procure the Title Policy (defined below), and (ii) delivering funds and
documents to the parties (as set forth herein) when and only when each of the following
conditions has been satisfied:
7. I Deliveries. All funds and documents described in Sections 5 and 6
have been delivered to Escrow Holder.
7.2 The Title Policy. Chicago Title Insurance Company is irrevocably
committed to issue a CLTA owner's policy of title insurance ('Title Policy"), with
liability in the amount of the Pumhase Price, insuring that the fee title to the Property
2
J:\Attorney\EHull\Otay Project\Purchase Agmt and Escrow Instructions.doc
/2:7
vests in Buyer subject only to: (i) the exclusions listed in the standard "Schedule of
Exclusions from Coverage' of the. Title Policy; (ii) real estate taxes and assessments
which are, as of the Close of Escrow, not delinquent; (iii) the exceptions to title permitted
pursuant to Section 4 above; and (iv) any liens or encumbrances voluntarily imposed by
Buyer.
7.3 Seller has certified in writing that the Property and adjacent streets
have been rough graded and the utilities have been provided to the site as depicted on
Exhibit B.
8. Prorations Expenses and Distributinna_
8.1 Prorations. All real property taxes and assessments against the
Property shall be prorated between Buyer and Seller as of the Close of Escrow such that
Seller is responsible for paying all property taxes and assessments that accrue prior to the
Close of Escrow. Escrow Holder shall have no obligation in connection with this section.
8.2 Expenses of Escrow. The expenses of the Escrow shall be paid in
the following manner:
a. Seller shall pay:. (i) one-half (1/2) of the Escrow fees and
· costs; (ii) all documentary transfer taxes; and (iii) the premium for the CLTA Title
! Policy.
b. Buyer shall pay: (i) one-half (1/2) of the Escrow fees and
costs; (ii) the cost of recording Seller's Grant Deed or other instruments executed by
Seller conveying title to the Property to Buyer; and (iii) the cost of any endorsements to
the Title Policy.
8.3 Deliveries By Escrow Holder At Close Of Escrow. Promp. tly upon
the Close of Escrow, Escrow Holder is instructed to deliver funds and documents to the
parties respectively entitled to receive them. Escrow Holder shall instruct the recorder to
mail Seller's Grant Deed to Buyer. Unless otherwise expressly stated in this Agreement,
all disbursements shall be made by Escrow Holder's checks or immediately available
funds.
8.4 Escrow Holder's General Provisions. The General Provisions of
Escrow Holder are attached hereto as Exhibit "D" and incorporated herein by reference.
In the event of a conflict between the provisions of this Agreement and the General
Provisions, the provisions of the Agreement shall control.
9. Assignment. Except for assignments to affiliate entities, neither Buyer nor
Seller may assign its rights under this Agreement without the written consent of the other
3
J:\Attomey\EHull\Otay Project\Purchase Agmt and Escrow Instructions.doc
party. An assignment shall not release the assignor from its obligations under this
Agreement.
10. Seller's Representations and Warranties. Seller represents and warrants
that (i) Seller has no current actual knowledge, except as set forth below, that there has
been released on or beneath the Property any Hazardous Materials, and (ii) Seller has no
current actual knowledge of any environmental condition on the Property which would be
violation of any applicable federal, state or local law, ordinance or regulation relating to
Hazardous Materials other than those petroleum products, pesticides and other
agricultural and commercial chemicals customarily used in agricultural and commercial
operations of the type currently conducted by Seller on Seller's overall real property
holdings in the vicinity of the Property all of which have been (subject to the following
disclosure) and will be used in accordance with all applicable laws and regulations.
For purposes of this section of the agreement, the term "Hazardous Materials"
means and refers to any substance, material or waste which is or becomes (i) regulated by
any local or regional governmental authority the State of California or the United States
Government as a hazardous waste; (ii) is defined as a "solid waste", "sludge", "hazardous
waste," "extremely hazardous waste," "restricted hazardous waste," "Non-RCRA
hazardous waste," "recyclable material," under any federal state or local statute,
regulation, or ordinance, including, without limitation, Sections 25 l 15, 25117, 25117.9,
25120.2, 25120.5 or 25122.7, 25140, 25141 of the California Health and Safety Code;
(iii) defined as a "Hazardous Substance" under Section 25316 of the California Health
and Safety Code; (iv) defined as a "Hazardous Material," "Hazardous Substance" or
"Hazardous Waste" under Section 25501 of the California Health and Safety Code; (v)
defined as a "Hazardous Substance" under Section 25281 of the California Health and
Safety Code; (vi) asbestos; (vii) petroleum products, including, without limitation,
petroleum, gasoline, used oil, crude oil, waste oil and any fraction thereof, natural gas,
natural gas liquefied, natural gas, or synthetic fuels, (viii) materials defined as hazardous
or extremely hazardous pursuant to the Cali~fomia Code of Regulations; (ix)
polychlorinated biphenyls, (x) defined as a "Hazardous Substance" pursuant to Section
311 of the Federal Water Pollution Control Act (33 U.S.C. Section 1251 et seq.); (xi)
defined as a "Hazardous Waste" pursuant to Section 1004 of the Federal Resource
Conservation and Recovery Act, 42 U.S.C. Section 6901 ~ seq., (xii) defined as a
"Hazardous Substance" or "Mixed Waste" pursuant to Section 101 of the Comprehensive
Environmental Response Compensation and Liability Act, 42 U.S.C. Section 9601 et
seq., and regulations promulgated thereunder; (xiii) defined as a "Hazardous Substanc~
pursuant to Section 401.15 of the Clean Water Act, 40 C.F.R. 116; or (xiv) defined as a
"Extremely Hazardous Substance" pursuant to Section 302 of the Superfund
Amendments and Reauthorizations Act of 1986, 42 U.S.C. Section 11002 et seq.
4
J:\Attorney\EHull\Otay Project\Purchase Agmt and Escrow Instructions,doc
11. Agreements Not Involving Escrow Holder. The folloWing provisions
are agreements between Buyer and Seller, and Escrow Holder shall have no obligation or
liability in connection therewith:
11.1 Condition of Real Property. Buyer represents that it has fully
investigated and inspected all aspects of the Property and agrees that, subject to the
representations, warranties and covenants of Seller expressly set forth herein, Buyer shall
accept the Property in its "as is" condition or status as of the Closing Date. Buyer
acknowledges and agrees that except to the extent expressly set forth herein, Seller has
not made and is not making any express or implied warranties or representations of any
kind or character with respect to the Property, and Buyer warrants and represents that it
has not relied upon and will not rely upon, either directly or indirectly, any warranty or
representation of Seller not expressly set forth herein.
11.2 Specific Performance. The parties expressly agree that damages
will not adequately compensate Seller for any breach by Buyer of its obligations
hereunder, and further agree that Seller shall be entitled to specific performance of this
Agreement.
11.3 Seller Not a Foreign Person. Seller warrants that no individual or
entity which, under the terms of this Agreement, will transfer United States Real Property
Interests, as defined in § 897(c) of the Internal Revenue Code, is a "foreign person"
within the meaning of § 1445(f) of the Internal Revenue Code. Seller also warrants that
Buyer as transferee will not be required to withhold tax pursuant to § 26131 of the
California Revenue and Taxation Code. Seller agrees to execute and deliver through
Escrow prior to closing an affidavit similar in form and substance to the affidavit attached
hereto and incorporated herein as Exhibit "EY.
11.4 Property Access. Between the date of Opening of Escrow and the
close or earlier termination of Escrow, Seller shall allow Buyer and its agents free,
reasonable access to the Property, upon reasonable notice to Seller.
11.5 Governmental Permits and Processing. During the Escrow period,
Buyer shall have the right to file applications for and to process, at Buyer's expense,
applications for governmental permits and approvals for zoning, land use, subdivision,
improvement, development and construction relating to the Property and Buyer's
intended use. Seller shall execute any applications or other documents referenced by
applicable governmental authorities to authorize Buyer to process such permits and
approvals, and shall cooperate reasonably with Buyer in connection therewith.
11.6 Condemnation or Damage. If, prior to Close of Escrow, an action
is commenced for the condemnation of the Property or any materially damaged by fire,
earthquake or other cause, so as, in either event, to render the Property unsuitable for
5
J:\Attorney\EHull\Otay Project\Purchase Agmt and Escrow Instructions.doc
Buyer's use, then Buyer shall have the right to terminate this Agreement by delivering
written notice to Seller (with a copy to Escrow Agent) within ten (10) days after Buyer
receives notice 'of the condemnation or damage. If Buyer terminates this Agreement
within such 10-day period, then the Escrow shall be cancelled, neither Buyer nor Seller
shall have any further obligation under this Agreement. If Buyer fails to deliver written
notice of termination within said 10-day period, Buyer shall be deemed to have waived
and Buyer shall proceed to consummate the purchase pumuant to this Agreement. Buyer
shall have no other remedies against Seller as a result of such condemnation or
destruction of the Property except as set forth in this Section.
l 1.7 Possession. Possession of the Property shall be delivered by Seller
to Buyer on the Closing Date atter recordation of the Grant Deed. Except as expressly
provided herein, all risk of loss and damage to the Property fi.om whatever source shall be
the sole responsibility of Buyer after Close of Escrow.
12. Other Provisions.
12.1 Brokers and Brokers' Commissions. Seller and Buyer each warrant
and represent that it has not contracted or otherwise obligated itself or the other party to
pay any sums as either commissions, finders fees or other claims of a similar nature
arising out of this Agreement, and each agrees to hold the other harmless with respect to
any breach on its part of this warranty and representation. If Seller or Buyer engages the
service of any broker or similar party for any matter related to this Agreement, that party
shall be responsible for all fees, payments and commissions payable and shall indemnify
and hold the other party harmless in connection therewith..
12.2 Advice fi.om Independent Counsel. Each party hereto understands
that this Agreement is legally binding and may affect such party's rights. Each represents
to the others that it has received legal, advice from counsel of its choice regarding the
meaning and legal significance of this Agreement and that it is satisfied with its legal
counsel and the advice received from that counsel.
12.3 Attorney's Fees. In the event any action shall be instituted between
Buyer and Seller in connection with this Agreement, the party prevailing in such action
shall be entitled, in addition to damages, injunctive relief or other relief, to recover fi.om
the other party all of its costs of action, including, without limitation, attorneys' fees and
costs as fixed by the court therein.
12.4 Amendments. This Agreement may be amended, supplemented or
modified only by a written amendment executed by Seller and Buyer. No modification,
waiver, amendment, discharge or change of this Agreement shall be valid unless the same
is in writing and signed by the part), against which the enforcement of such modification,
waiver, amendment, discharge or change is or may be sought.
6
J:\Attorney\EHull\Otay Project\Purchase Agmt and Escrow Instructions.doc
12.5 Notices. Unless otherwise specifically provided herein, all notices,
demands or other communications given hereunder shall be in writing and shall be
deemed to have been duly delivered upon personal delivery, or by Federal Express (or
similar reputable express delivery service), or by telecopier transmission with back-up
copy mailed the same day, or as of the second business day after by United States
certified mail, return receipt requested, postage prepaid, addressed as follows:
If to Seller, to:
Otay Project, LP
350 W. Ash Street, Suite 730
San Diego, California 92101
Telephone: (619) 234-4050
Telecopier: (619) 234-4088
Attention: Robert Cameron
If to Buyer, to:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Telephone: (619) 691-5031
Telecopier: (619)409-5864
Attention: City Manager
If to Escrow Holder, to:
Chicago Title Company
925 B Street
San Diego, California 92101
Telephone: (619) 544-6250
Telecopier: (619) 544-6229
Attention: Renee Marshall
12.6. Construction of Agreement. The agreements contained herein
shall not be construed in favor of or against either party, but shall be construed as if both
parties prepared this Agreement.
12.7. Counterparts and Authority. This 4tgreement may be executed in
multiple counterparts, each of which shall constitute an original hereof, and all of which
taken together shall constitute one and the same binding Agreement. Each party
7
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executing this Agreement represents that such party has the full authority and legal power
to do so.
12.8. Governing Law and Forum Selection. This Agreement shall be
construed under and enfomed in accordance with the laws of the State of California
except to the extent Federal laws preempt the laws of the State of California. In any
action brought under or m-ising.out of this Agreement, each party hereby consents to the
jurisdiction of a competent court within the State of California, agrees that the forum for
such action or actions shall be a court of competent jurisdiction within the County of San
Diego, State of California, and consents to service of process by any means authorized by
Califomia law.
12.9. No Waiver. A waiver by either party of a breach of any of the
covenants, conditions or agreements under this Agreement to be performed by the other
party must be in writing and shall not be construed as a waiver of any succeeding or
preceding breach of the same or other covenants, agreements, restrictions or conditions
herein contained. No waiver of any default by Buyer or Seller hereunder shall be implied
from any omission by the other party to take any action on account of such default if such
default persists or is repeated, and no express waiver shall affect a default other than as
specified in such waiver. The consent or approval by Buyer or Seller to or of any act by
the other party requiring the consent or approval of the first party shall not be deemed to
waive or render unnecessary such party's consent or approval to or of any subsequent
similar acts by the other party.
12.10. No Warranties. Except as otherwise specifically provided herein,
neither Buyer nor Seller has made any representations, warranties or agreements by or on
behalf of either party to the other party as to any matters concerning the Property. Each
party expressly waives any rights of rescission and all claims for damages by reason of
any statement, representation, warranty, promise or Agreement, if any, not contained in
this Agreement.
12.11. Possession. Possession of the Property shall be delivered to Buyer
upon the Close of Escrow.
12.12. Severahility. In the event that any phrase, clause, sentence,
section, paragraph, portion of this Agreement shall become illegal, null or void or against
public policy, for any reason, or shall be held by any court of competent jurisdiction to be
illegal, null or. void or against public policy, the remaining portions of this Agreement
shall not be affected thereby and shall remain in force and effect to the fullest extent
permissible by law.
J:\Attorney\EHull\Otay Project\Purchase Agmt and Escrow Instructions.doc
12.13. Survival of Warranties. Unless expressly stated herein to the
contrary, all representations and v~arranties shall survive the Close of Escrow of this
Agreement and any earlier termination of this Agreement.
12.14. Successors and .Assigns. Subject to the restrictions and
prohibitions on assignment set forth in this Agreement, each and all of the covenants and
conditions of this Agreement shall inure to the benefit of and shall be binding upon the
successors-in-interest, assigns, and legal representatives of the parties hereto.
12.15. Captions. The caption headings for the sections of this Agreement
are for convenience only and shall not be considered to limit, amplify or define the terms
or provisions hereof.
12.16. Time of Essence. Time is of the essence of each and every
provision of this Agreement.
12.17. Cooperation and Further Documentation. Seller and Buyer agree
to cooperate to consummate the transactions set forth herein, and each agrees to take such
action as is reasonably required of it.
12.18. No Third Party Beneficiary. This Agreement is intended solely for
the benefit of Seller and Buyer.
12.19. Entire Agreement. This Agreement, including its exhibits,
constitutes the entire Agreement between the parties pertaining to the subject matter
hereof.
IN WITNESS WHEREOF, the parties, individually or through their authorized
representatives, have executed this Agreement as of the date of this Agreement. Each
individual executing this Agreement warrants and represents that he or she has the power
mad authority to execute this Agreement on behalf of the party for whom the execution is
made.
[The next page is the signature page.]
9
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SIGNATURE PAGE
PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS
SELLER: BUYER:
OTAY PROJECT, L.P., CITY OF CHULA VISTA,
a California limited partnership a municipal corporation
By: OTAY PROJECT, LLC,
a California limited liability company By:.
Its General Partner Shirley Horton
Mayor
By: Otay Ranch Development, LLC
a Delaware limited liabililty company
Its Authorized Member Approved as to form and legality:
By: By:
Name: Robert B. Cameron John M. Kaheny
Title: Vice President City Attorney
ATTEST:
By:_
Susan Bigelow
City Clerk
[The above signatures must be notarized.]
J:\Attorney\EHull\Otay Project\Purchase Agmt and Escrow Instructions.doc
OCT, 18, 2002 9:49AM THE OTAY RANCH CO NO. 2802 P. 2
SIGNATURE PAGB
PURCHASB AGKBEM~NT AND ESCROW INSTRUCTIONS
SELLER: BUYER:
OTAY PROJECT, LP, CITY OF CHULA VISTA,
a California corporation a municipal corporation
By:~~._~ By:
Name:~c~_~- ~,. C~m%L-t'~ ShirleyHonon
Title: x[~(~ ~o~lO~or Mayor
Approved as to form and legality:
By:
Name:
Title: By',
$ohn M. Kaheny
City Attorney
ATTEST:
By:
Susan Bigelow
City Clerk
[The above signatures must be notarized.]
10
C:\Documents and Settings~rcameron~Local Strings\Temporary [T~terne~ Files\OLK2~urchase A&,mt and Escrow
0CT. 18,2002 9:49AM THE OTAY RANCH CO N0,2803 P. 3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
state or cal~ia (.~, } sa.
~personally known to
me
~ proved to me on the basis of safisfacto~
evidence
to be the pemo~) whose name~
~ubscrib~d to Ih~ wllhin instrument and
_ *cknowlod~d to me. at h~/~ho/they ~x~euted
~ ~ ~o C~ ~ the same in ~ni.~r/t~ir
~thorized
capacity(i~), an~t~at 'by ~r/th~r
signatur~on the instrument the person), or
th~ ontit~ upon ~ehalf of which th~ p~r*on~
OPTIONAL
Though the in.treaSon belo~ i~ not mquir~ by law, ~ may p~ valuable to ~tso~s mlying on the documen~
Description of Attached Document
~tle or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above: ......
Capacity(les) Claimed by Signer
Signer's Name: ~
~ Individual ~
F'I Corpora~ ~cer -- ~tle(s):
~ Padner ~ Lim~ed FI General
~ Attorney in Fact
C~ Trustee
~ Guardian or Conservator
- ' ~ Other:
Signer Is Representing: ~
CONSENT OF ESCROW HOLDER
The undersigned Escrow Holder hereby agrees to: (i) accept the foregoing
Agreement, (ii) be Escrow Holder under the Agreement, and (iii) be bound by the
Agreement in the performance of its duties as Escrow Holder, provided, however, the
undersigned shall have no obligations, liability or responsibility under (a) this Consent or
otherwise, unless and until the Agreement, fully signed by the parties, has been delivered
to the undersigned, or (b) any amendment to said Agreement unless and until the same is
accepted by the undersigned in writing.
Dated: ,2002
CHICAGO TITLE COMPANY
("Escrow Agent")
By:.
Its:
11
J:\Attomey\EHull\Otay Project\Purchase Agmt and Escrow Instructions.doc
LIST OF EXHIBITS
Exhibit A: Legal Description of Property
Exhibit B: Grading and Utility Requirements
Exhibit C: Preliminary Title Report
Exhibit D: General Provisions of Escrow Holder
Exhibit E: Form of Affidavit
J:\Attorney\EHull\Otay Project\Purchase Agmt and Escrow Instructions.doc
...... ~. ~uuZZb99
,~u:tJ.J~l~T A
LEGAL DESCRIPTION
All. that certain real property situated in the County of San Diego, State of
CalifoEnia, described as follows:
That portion of Parcel 4 of Parcel Map No. 18789, in the City of Chula Vista,
County of San Diego, State.of California, flied in the Office of the County
Recorder of San Diego County on September 7, 2001, being more particularly
described as follows:
Commencing at an angle point on the Easterly boundary of said Parcel 4 being
the Westerly terminus of that course on the boundary of Parcel :1 of said Parcel
Map No. 18789 depicted on Sheet 3 of said Parcel Map No. 18789 as North
71°57'24'' East, :1091.24', said point being the Northerly terminus of the Westerly
right of way of La Media Road as dedicated on Chula Vista Tract No. 02-055 Otay
Ranch Village 6 Unit 2 "A" Hap No. ! according to Map thereof No. 14447 filed in
the said Office of the County Recorder on September :18, 2002, said p~)int also
being a point on a 4336.00 foot radius curve, concave Westerly, a radial line of
said curve bears North 77o19'04'' East (Record North 77o18'51'' East per said
Parcel Map No. 18789) to said point; thence along said Westerly right of way
Southerly along the arc of said 4336.00 foot radius curve through a central angle
of 00°39'06'', 49.32 feet to the True Point of Beginning; thence continuing along
said Westerly right of way Southerly along the arc of said 4336.00 foot radius
curve through a central angle of 03°24'43'', 258.2:L feet; thence leaving said
Westerly right of way non-tangent to said curve South 76°40'26'' West, 266.27
feet; thence North 12o45'05' West, 271.84 feet to a point on the proposed
Southerly right of way ("Street A" within Otay Ranch Village 2; thence along said
proposed Southerly right of way North 77°14'55'' East, 259.19 feet; thence
continuing along said proposed Southerly right of way South 70°47'53'' East,
20.21 feet to the True Point of Beginning.
Assessor's Parcel Number: 644-030-~.1
CLTA Preliminary Report Form (Rev :[/~./95)
Page 3
,~9,'ff.7£ ,,&~ .gNIJ'.
N/V~O ~OZS ,,~60,V/ZS~X_~ OVON VIO$t~I V7
1455 Frazee Road
Suite 600
San Diego, CA 92108 ~TB~T C
Phone: (619) 686-6000
Commonwealth
Chicago Title Company Our File No: 10022599 - 674-7
925 "B" Street Title Officers: Alan Schaffner and Linda
San Diegot CA 92101 Slavik
(aschaffner@landam.com)
(Islavik@landam.com)
Attn; Renee Marshall Phone: (619) 686-6000
Fax: (619) 299-1718
Your Reference No: 23060151
Property Address: Vacant Land
PRELI'Iql'NARY REPORT
Dated as of October 7, 2002 at 7:30 a.m.
In response to the above referenced application for a policy of title insurance, Commonwealth Land
Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date
hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein
hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or
encumbrance not shown or referred to as an Exception below or not excluded from coverage
pursuant to the printed Schedules, Conditions and Stipulations of said policy forms.
The printed Exceptions and Exclusion from the coverage of said Policy or Policies are set forth in
Exhibit B attached. Copies of the Policy forms should be read. They are available from the office
which issued this report.
This report (and any supplements or amendments hereto) is issued solely for the purpose of
facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is
desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or
Commitment should be requested.
Please read the exceptions shown or referred to below and the exceptions and
exclusions set forth in Exhibit B of this report carefully. The exceptions and exclusions
are meant to provide you with notice of matters which are not covered under the terms
of the title insurance policy and should be carefully considered.
Zt is important to note that this preliminary report is not a written representation as to
the condition of title and may not list all liens, defects~ and encumbrances affecting title
to the land.
CLTA Preliminary Report Form (Rev 1/1/95)
page 1
r~,e ~o: 10022599
SCHEDULE A
The form'of policy of title insurance contemplated by this report is:
CLTA Standard Owners
The estate or interest in the land hereinafter described or referred to covered by this report is:
A FEE
Title to said estate or interest at the date hereof is vested in:
Ota¥ Project, L.P., a California Limited Partnership
The land referred to herein is situated in the County of San Diego, State of California, and is
described as follows:
SEE EXHZBZT "A" ATTACHED HERETO AND MADE A PART HEREOF
CLTA Preliminary Report Form (Rev 1/1/95)
Page 2
Exhibit "A"
All that certain real property situated in the County of San Diego, State of
California, described as follows:
That portion of Parcel 4 of Parcel Hap No. 18789, in the City of Chula Vista,
County of San Diego, State.of California, filed in the Office of the County
Recorder of San Diego County on September 7, 200:~, being more p~irticularly
described as follows:
Commencing at an angle point on the Easterly boundary of said Parcel 4 being
the Westerly terminus of that course on the boundary of Parcel 1 of said Parcel
Nap No. 18789 depicted on Sheet 3 of said Parcel Hap No. 18789 as North
71°57'24'c East, 1091.24', said point being the Northerly terminus of the Westerly
right of way of La Media Road as dedicated on Chula Vista Tract No. 02-055 Otay
Ranch Village 6 Unit 2 "A" Map No. I according to Map thereof No. 14447 filed in
the said Office of the County Recorder on September 18, 2002, said point also
being a point on a 4336.00 foot radius curve, concave Westerly, a radial line of
said curve bears North 77019'04'' East (Record North 77o18'51'' East per said
Parcel Map No. :~8789) to said point; thence along said Westerly right of way
Southerly along the arc of said 4336.00 foot radius curve through a central angle
of 00°39'06'', 49.32 feet to the True Point of Beginning; thence continuing along
said Westerly right of way Southerly along the arc of said 4336.00 foot radius
curve through a central angle of 03°24'43'', 258.21 feet; thence leaving said
Westerly right.of way non-tangent to said curve South 76°40'26'' West, 266.27
feet; thence No:ch 12o45'05'' West, 271.84 feet to a point on the proposed
Southerly right of way ("Street A" within Otay Ranch Village 2; thence along said
proposed Southerly right of way North 77o14'55'' East, 259.19 feet; thence
continuing along said proposed Southerly right of way South 70°47'53'' East,
20.21 feet to the True Point of Beginning.
Assessor's Parcel Number: 644-O30-1~.
CLTA Preliminary Report Form (Rev 1/1/95)
Page 3
SCHEDULE B
At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in
said policy form would be as follows:
A. Property taxes, including general and special taxes, personal property taxes, if any, and any
assessments collected with taxes, for the fiscal year 2002 - 2003.
1st Installment: $33,362.73 Not Paid (Delinquent as of 12/11/02)
Penalty: $3,336.27
2nd Installment: $33,362.73 Not Paid (Delinquent as of 4/11/03)
Penalty (including cost): $3,346.27
Exemption: $0.00
Code Area: 01265
Assessment No.: 644-030-11
Affects the herein-described land and other land.
Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the
Revenue and Taxation Code of the State of California.
C. A pending special tax levied by the district shown below, evidenced by the inclusion of said land
within the boundaries of a Mello-Roos (or other) Community Facilities District as disclosed by a
district map or diagram.
District No.: Community Facilities District 98-1 Open Space Maintenance District
(Otay Project, LLC-OVP-SPA-SPA One Village I West and portions
" of Villages 2, 6, 7 and Planning Area 12)
Recorded: August 18, 1998 as File No. 1998-0523069 of Official Records
If formed, the District will have the power to levy special taxes. Any special tax, if and when
levied, may be collected with the property taxes.
1. Water rights, claims or title to water, whether or not shown by the public records.
2. An agreement to which reference is hereby made fo~ full particulars,
Dated: October 28, 1993
By and between: City of Chula Vista, County of San Diego, State of California, and
Otay Vista Associates, a California Limited Partnership
Regarding: Indemnification, implementation of mitigation measures and
payment of certain fees in connection with the approval of the
general plan amendment, general and other development plans for
the Otay Ranch
Recorded: February 7, 1994 as File No. 1994-0084743 of Official Records
3.' A document subject to all the terms, provisions and conditions therein contained.
Entitled: "Restated and Amended Pre-Annexation Development Agreement
with Otay Ranch, L.P."
Dated: March 4, 1997
Executed by: City of Chula Vista and Otay Ranch, L.P., a California Limited
Partnership
CLTA Preliminary Report Form (Rev. I/I/95)
Page 4
File No: 10022599
SCHEDULE B - Continued
Recorded: May 12, 1997 as File No. 1997-0219970 of Official Records
4. A document subject to all the terms, provisions and conditions therein contained.
Entitled: "Affordable Housing Agreement"
Dated: December 16, 1997
Executed by: Otay Project LLC, a Delaware limited liability company and South
Bay Project, LLC, a Delaware limited liability company and the City
of Chula Vista, A California Municipal Corporation
Recorded: February 17, 1998 as File No. 1998-0079313 of Official Records
5. An easement for the purposes shown below and rights incidental thereto as shown or as
offered for dedication on the recorded map shown below.
Nap: Parcel Nap No. 18471
Easement purpose: Future 40 foot wide private access
Affects: The Northerly portion
6. A document subject to all the terms, proqisions and conditions therein contained.
Entitled: "Desiltation and Maintenance Agreement with Otay Project L.P.,
(Poggi Canyon Drainage Improvements)
Dated: October 19, 1999
Executed by: Otay Project, L.P., a California Limited Partnership, Prowswood-
Matsushita Otay Partners, LLC, a California limited liability company
as owner, Centex Homes, a Nevada General Partnership, PHI Otay
Rancho A~sociates, LLC, a Delaware limited liability company and
the City of Chula Vista
Recorded: .lune 28, 2000 as File No. 2000-0341829 of Official Records
7. A deed of trust to secure an indebtedness in the amount shown below, and any other
obligations secured thereby.
Amount: $10,000,000.00
Dated: September 22, 2001
Trustor: Otay Project L.P., a California Limited Partnership
Trustee: Bar K, Inc., a California Corporation
Beneficiary: Gold Mountain Financial Institution, Inc., a California CorPoration
Address: 201 LaFayette Circle, 2nd Floor, LaFayette, CA 94549
Recorded: October 3, 2001 as File No. 2001-0713811 of Official Records
Affects the herein-described land and other land.
An agreement to modify the terms and provisions of said deed of trust as therein provided
Executed by: Gold IV]ountain Financial Institution, Inc. and Otay Project L.P. and
Otay Ranch Development, LLC
Recorded: April 30, 2002 as File No. 2002-0364348 of Official Records
CLTA Preliminary Report Form (Rev 1/1/95)
Page 5
File No: 10022599
SCHEDULE B - Continued
8. A deed of trust to secure an indebtedness in the amount shown below, and any other
obligations secured thereby.
Amount: $100,0Q0.00
Dated: April 16, 2002
Trustor: Otay Project L.P., a California Limited Partnership
Trustee: Bar K, lnc., a California Corporation
Beneficiary: Bar K, Inc., a California Corporation
Address: 201 LaFayette Circle, 2"d Floor, LaFayette, CA 94549
Recorded: April 30, 2002 as File No. 2002-0364349 of Official Records
Affects the herein-described land and other land,
Requirements:
NONE
CLTA Preliminary Report Form (Rev 1/1/95)
Page 6
File No: 10022599
INFORMATIONAL NOTES
NOTE NO. 1: PRIVACY NOTICE (15 U:S.C. 6801 AND 16 CFR PART 313):
WE COLLECT NONPUBLIC PERSONAL INFORMATION ABOUT YOU FROM INFORMATION
YOU PROVIDE ON FORMS AND DOCU~4ENTS AND FROM OTHER PEOPLE SUCH AS YOUR
LENDER, REAL ESTATE AGENT, ATTORNEY, ESCROW, ETC. WE DO NOT DISCLOSE ANY
NONPUBLIC PERSONAL INFORMATION ABOUT OUR CUSTOMERS OR FORMER CUSTOMERS
TO ANYONE, EXCEPT AS PERMITTED BY LAW. WE RESTRICT ACCESS TO NONPUBLIC
PERSONAL INFORMATION ABOUT YOU TO THOSE EMPLOYEES WHO NEED TO KNOW THAT
ZNFORt4ATION ZN ORDER TO PROVIDE PRODUCTS OR SERVICES TO YOU. WE MAINTAIN
PHYSICAL, ELECTRONIC AND PROCEDURAL SAFEGUARDS THAT COMPLY WITH FEDERAL
REGULATIONS TO GUARD YOUR NONPUBLIC PERSONAL INFORMATION.
NOTE NO. 2: SENATE BILL 2319 EFFECTIVE 3ANUARY 1, 1991/RE(~UZRES THAT UNLESS
WAIVED BY THE CALIFORNIA FRANCHISE TAX BOARD, A BUYER MUST WITHHOLD FROM
ANY SELLER WHO ZS NOT A CALTFORNZA RESIDENT, A SUM EQUAL TO 3 1/3% OF THE
SALES PRICE OF THE PROPERTY CONVEYED.
NOTE NO. 3: THE INFORMATION ON THE ATTACHED PLAT IS PROVIDED FOR YOUR
CONVENIENCE AS A GUIDE TO THE GENERAL LOCATION OF THE SUBIECT PROPERTY.
THE ACCURACY OF THIS PLAT ZS NOT GUARANTEED, NOR IS IT A PART OF ANY POLICY,
REPORT OR GUARANTEE TO WHICH IT HAY BE ATTACHED.
NOTE NO. 4:CALIFORNIA INSURANCE CODE SECTION 12413.1 REGULATES THE
DISBURSEMENT OF ESCROW AND SUB-ESCROW FUNDS BY TITLE COMPANIES. THE LAW
REQUIRES THAT FUNDS BE DEPOSITED IN THE TITLE COMPANY ESCROW ACCOUNT AND
AVAILABLE FOR WITHDRAWAL PRIOR TO DISBURSEMENT. FUNDS DEPOSITED WITH THE
COMPANY BY WIRE TRANSFER MAY BE DISBURSED UPON RECEIPT. FUNDS DEPOSITED
WITH THE COMPANY VIA CASHIER'S CHECK OR TELLER'S CHECK DRAWN ON A
CALTFORNIA BASED BANK MAY BE DISBURSED ON THE NEXT BUSINESS DAY AFTER THE
DAY OF DEPOSIT. IF FUNDS ARE DEPOSTTED WITH THE COMPANY BY OTHER METHODS,
RECORDING AND/OR DISBURSEMENT MAY BE DELAYED. ALL ESCROW AND SUB-
ESCROW FUNDS RECEIVED BY THE COMPANY WILL BE DEPOSITED WITH OTHER ESCROW
FUNDS IN ONE OR MORE NON-INTEREST BEARING ESCROW ACCOUNTS OF THE
COMPANY IN A FZNANCIAL INSTITUTION SELECTED BY THE COMPANY. THE COMPANY
MAY RECEIVE CERTAIN DIRECT OR INDIRECT BENEFITS FROM THE FINANCIAL
INSTITUTION BY REASON OF THE DEPOSIT OF SUCH FUNDS OR THE MAINTENANCE OF
SUCH ACCOUNTS WITH SUCH FINANCIAL INSTITUTION, AND THE COMPANY SHALL HAVE
NO OBLIGATION TO ACCOUNT TO THE DEPOSITING PARTY IN ANY MANNER FOR THE
VALUE OF, OR TO PAY TO SUCH PARTY, ANY BENEFIT RECEIVED BY THE COMPANY.
THOSE BENEFITS MAY INCLUDE, WITHOUT LIMITATION, CREDITS ALLOWED BY SUCH
FINANCIAL INSTITUTTON ON LOANS TO THE COMPANY OR ITS PARENT COMPANY AND
EARNINGS ON INVESTMENTS MADE WITH THE PROCEEDS OF SUCH LOANS,
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RE: 10022599
PLEASE INDICATE COMMONWEALTH ESCROW OR TI]~LE ORDER NUMBER
Form 2210~11 (6/2/98)
Page 7
Exhibit B (Rev. 6/2/98)
CALIFu~, ......
STANDARD COVERAGE POLICY - 1990
EXCLUSIONS FROM COVERAGE
Form 2210-11 (6/2/98)
Page 8
~..x~ ~ BIT D
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TO: CHICAGO TITLE COMPANY Escrow Number: 23~g0151-47
Dat~: October 17~ 2002
1. Ti~e is of ~= ~uc~e of ~ ireful/oas. If ~s usc-mw i~ no: i~ ~ cmu/i~oa m dom by d~ TIM~ lIMIT
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es~w ~ ~c~ of r~ u~ to p]~ title
~on. You ~ ~ ~, ~o: m ~e c~ of os~,
You ~ ~c~d m deliver ~or ~ ~1 ~ ~d disb~
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d~ If ~se i~ciio~ ~a~ ~ s ~e, bu~ ~ m buy
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Chicago Title Company General Provisions. Page 2
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Current Adclr~s: Curr~nt Addrm~,
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EXHIBIT E
Form of Affidavit
[To be inserted]
COUNCIL AGENDA STATEMENT
ITEM__~
MEETING DATE: November 12, 2002
ITEM TITLE: Resolution approving the Parks and Recreation Master Plan.
SUBMITTED BY: Director Building and Park Construction ~
REVIEWED BY: City Manager ~ v (4/5tbs Vote: YES NO X )
Approximately two years ago the Parks and Recreation Department was directed by the Mayor
and City Council, with the support of, the City Manager, the Parks and Recreation Commission,
and the GMOC to produce a comprehensive Parks and Recreation Master Plan that would guide
the City in the development of parks and recreation facilities in the community at large over the
next twenty years. The Parks and Recreation Master Plan is intended to offer guidance to the
community, staff, and developer when designing new parks and recreation facilities. It is also
envisioned that City staff will conduct public workshops during the programming/design stage of
each neighborhood or community park; these workshops may suggest modifications to the
identified programming in the Parks and Recreation Master Plan for a particular park. The Parks
and Recreation Master Plan that is being presented to the Council tonight has been presesented to
staff, developers, the Parks and Recreation Commission, GMOC, and has undergone a 30-day
public review. Comments gathered from these groups have been incorporated into the
document, which if approved, will guide the development of the Parks system well into the 21st
Century.
BOARD/COMMISSION RECOMMENDATION: Unanimously approved on March 27,
2002, minutes attached as Attachment A.
RECOMMENDATION: That Council adopt the resolution approving the Parks and Recreation
Master Plan.
DISCUSSION: In February 2000, a core group from Planning & Building, Parks & Recreation,
Administration, Finance assembled to work together to build a comprehensive Parks Master Plan
designed to provide all of the citizens of Chula Vista, with a Citywide Park System.
The Parks and Recreation Master Plan represents a comprehensive park planning effort that
re6ognizes that a park system is more than simply a collection of individual recreational
elements. It represents a comprehensive and interrelated package of Community and
Neighborhood Parks that give residents the opportunity for a complete recreational experience
and a desirable addition to the environment in which to live. Each park must be viewed within
the context of the whole park system to insure that it functions properly in providing a balance of
recreational opportunities.
Item ~ PAGE 2
MEETING DATE: November 12, 2002
The methodology employed to create the Parks and Recreation Master Plan included five
distinctive steps: 1) Prepare an inventory of current park sites, recreation facilities, and related
regulatory programs and policies; 2) Prepare a Recreation Needs Assessment; 3) Identify Current
and Future Park and Recreation Needs based on the conclusions and findings identified from The
Needs Assessment; 4) Develop Goals, Policies, and Action Items related to addressing the
Current and Future Park and Recreation Needs; and 5) Develop an inventory of park sites and
recreation facilities within each park site utilizing the directives identified in thc Goals, Policies
and Action Items.
In order to establish a proper perspective and a framework for future park planning it was
important to study the history of park planning in the City. The commitment for a quality parks
and recreation system has continuously been pursued in the context of land use planning efforts
since the City was incorporated in 1911. Parks were developed whenever and wherever land
opportunities became available. The first park built in the City of Chula Vista following
incorporation was Eucalyptus Park in 1927. As thc City continued to grow additional parklands
were acquired and developed.
In developing the outline for the Parks and Recreation Master Plan specific goals for each
chapter were established:
Chapter One - A description of Current Parks & Recreation Resources · Provide a factual context for the overall Parks and Recreation Master Plan
· The City's park history and development
· The physical infrastructure and characteristics of the City as described in the
current inventory of the City's public parks and recreation resources.
· List of pertinent regulatory guidelines and City mandated requirements related to
parks and recreation development.
· List of general plan definitions of parks and recreation resources.
· List of definitions of other parks and recreation resources not previously
recognized/approved.
Chapter Two - An assessment of the Recreational Service Needs of the Community
· Assessment and evaluation of the recreational service needs of the community in
a comprehensive and comparative manner.
· Description of the relationship of recreation service needs to a spatial analysis
within a comprehensive parks and recreation system.
Chapter Three - Goals, Policies, and Action Items · Creating a cohesive, comprehensive, equitably distributed, accessible parks, and
recreation system that is representative of the City's unique qualities.
· Allocation of resources to the highest level possible
· Clearly expressing the minimam acceptable facilities for citizens of every
community.
· Creating and clarifying guidelines for determining land requirements for thc
City's parks and recreation resources.
· Establishing descriptive standards for park types.
Item /~ PAGE3
MEETING DATE: November 12~ 2002
· Development of a recreation services delivery plan.
· Development of an operation and maintenance plan.
Chapter Four- The Physical Representation of the Comprehensive Plan
· Identifying individual components of parks and recreation development within an
overall comprehensive system context.
· Identifying obligations (City's and new subdivision development) to the
comprehensive plan, clarifying the level of service as previously established
through the City's Parkland Dedication Ordinance.
Chapter Five - Capital Financing
· Overview of the financing plans for major park and recreation facilities.
Chapter One:
When establishing the goals it became apparent that in order to develop the Parks and Recreation
Master Plan that the existing regulatory programs not only had to be considered but maintained.
These regulatory programs included: the Chula Vista General Plan, the Quimby Act, the
Parkland Dedication Ordinance (PDO), Growth Management Program (GMP), Capital
Improvement Program (CIP), Multiple Species Conservation Program (MSCP), Greenbelt
Master Plan, Chula Vista Landscape Manual, Americans with Disabilities Act (ADA), Joint Use
Agreements, and Redevelopment Plan Areas.
In order to refine and re-define existing definitions for the Current Parks and Recreation General
Plan; the City's Parks and Recreation System; and Parks and Recreation Resources Locations
were reviewed for accuracy and updateablity.
Chapter Two:
After identifying all of the goals, disciplines, parameters, regulations, and locations the needs
assessment surveys were compiled and reviewed for programming requirements. The summary
of quantitative and qualitative findings and conclusions for the needs analysis are as follows:
Analysis for year 2000 shows that a majority of the demand for parks and recreation resources is
being met through the utilization of both public parkland and school land. Parks and recreation
resources include park acreage and various types of recreational facilities. Utilizing both
existing public parkland and existing school land, an additional 100-acres have been identified to
meet the parks and recreation resource demand. If existing school lands are not included,
approximately 465 acres of public parkland is required to accommodate existing overall need.
Future increases through the year 2020 in population resulting from new development in the City
will result in demand for new facilities. New development projects containing residential
dwelling units will contribute parkland and facilities to serve the population resulting from new
development.
Item ]~) PAGE 4
MEETING DATE: November 12~ 2002
As a result of the analysis of the quantitative and qualitative needs assessment, it was established
that the demand for active recreational facilities currently exceed available supply. Current
shortages are due to the combined result of population increases resulting from the Montgomery
annexation, new development both east and west of 1-805, and current socio-economic factors
which have increased the City's population base, regulatory limitations on the ability of the City
to exact parkland and improvements, and changing trends in demand for park and recreation
facilities types and quantities. Future increases in City population due to the addition of
residential units in both east and west Chula Vista will result in the demand for additional
facilities through 2020. While a majority of the future demand for facilities can be met within
planned public park sites, there will continue to be a need to rely on quasi-public facilities to
augment recreation facility inventory in order to provide what is needed to accomraodate the
projected recreation facility needs.
Chapter Three:
Relying on the needs analysis, definitions, existing conditions, a set of goal, policies, and action
plans were established to meet the identified demands.
The goals and policies serve as a blueprint for creating a quality citywide park system:
· Goal No. 1 - Fulfilling the Comprehensive Park System Needs by creating a
comprehensive parks and recreation system, that utilizes public and quasi-public
resources, that strives to meet the needs of the general public of Chula Vista by
effectively distributing park types and their associated recreation facilities and
programs.
· Goal No. 2 Priorities for Allocation of Resources by establishing priorities for
allocation of existing and future public parkland resources that balance quality
with the provision of needs.
· Goal No. 3 - Implementation Program that provides for a program o£
implementation.
When these goals and policies are translated into actions, the Chula Vista Parks and Recreation
system will meet its intended mission:
"To provide an equitable park system that addresses current and future needs to
the degree possible while maintaining park and open space quality."
Chapter Four:
Compilation of all of the preceding information in both graphic and tabular form identifies the
distribution of needed recreation facilities; including a complete list of parks, by planning area,
along with park acreage and primary and support facility requirements.
Looking into the future (2020) with the implementation of the goals and policies, the City will
have over 650 acres of parkland available for recreational use. The parks and recreation system
will provide Citywide resources for recreation services and programs with the goal of meeting
Item ~ PAGE 5
MEETING DATE: November 12~ 2002
the expressed needs of the community. The parks and recreation system will be composed of
nine community parks, which will serve the City as a whole by providing recreation complexes,
community centers, gynmasiums, an aquatic facility, and skateboard facilities as well as
gathering areas, picnic facilities and restrooms. Closer to home, 46 Neighborhood and Parks will
provide areas for tot lot play equipment, sports facilities, and programmed and non-programmed
activities allowing residents recreational activities within walking distance of their homes.
Neighborhood parks will also provide recreational facilities that complement resources provided
at adjacent community parks. Today's regional parks will be further enhanced and connected to
the community through a system of trails and bicycle ways. A greenbelt open space system will
surround Chula Vista, making a unique setting within San Diego County focused on the
recreational values of the City's populace. Ultimately the City's parks and recreation system is
envisioned as an integrated system of recreation programs and services interwoven through its
parklands and recreation facilities.
Chapter Five:
This Chapter presents a brief overview of the financing plans for major park and recreation
facilities. Planned community centers, gynmasiums, pools, and senior/teen centers, will be
principally funded through a new recreation component being added to the City's Public
Facilities Development Impact Fee Program. (Refer to Public Facilities DIF, November 2002
Amendment.") Park construction will be principally funded by Park Acquisition and
Development (PAD) revenues, supplemented by additional developer funding covered under
prior agreements.
ENVIRONMENTAL: The Environmental Review Coordinator has reviewed the draft Chula
Vista Parks & Recreation Master Plan and has determined that its adoption is statutorily exempt
from the Califomia Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines
Section 15262, Feasibility and Planning Studies. Please note, however, that all projects
identified in the Master Plan will require future environmental review in accordance with the
provisions of CEQA prior to development.
FISCAL IMPACT: The City's Public Facilities DIF program is being revised to include a new
recreation component for major facilities such as community centers, gynmasiums, and pools.
The overall construction cost for the planned facilities is $31.8 million. Of this total, $29.9
million will come from fees collected through the PFDIF program and from direct developer
funding required by past agreements. As part of the overall agreement with developers
concerning the new recreation component, the City will contribute $912,549 toward construction
of the requisite facilities. In addition, under the terms of an agreement with EastLake
Development Company, originally entered into in 1996, the City will be providing $1,015,043 to
be used specifically for construction of the new EastLake gynmasium. As detailed in the Public
Facilities DIF, November 2002 Amendment, the fee for the new recreation component will be
$1,079 per single family dwelling unit and $771 per multi-family dwelling unit.
Park Acquisition and Development (PAD) Fees are the primary source of funding for new City
parks. As detailed in the PAD Fee 2002 Update, fees are being increased to reflect current site
acquisition and site development costs as well as more recent persons-per-household statistics.
Item PAGE 6
MEETING DATE: November 12~ 2002
Attachments:
Attachment A - Parks and Recreation Commission Minutes, March 27, 2002
Attachment B - Parks and Recreation Master Plan
CJly of Chula Vista A~['AC~ENT A
Parks and Recreation Commission
Minutes
Wednesday - 6:30 p.m. March 27, 2002
Mercy Building 430 Fourth Avenue
1. Roll Call Radcliffe A_, Rude P. Salcido P_, Weldner P. Ramos P. and
Perondi A
2. APPROVAL OF MINUTES
a. January 17, 2002 - MSC (Perondi/RudeJ Reflect Commissioner Ramos os on excused
absence.
b. February 21, 2002 - M$C (Salcido/Rude) approved as presented.
c. Approval of Parks & Recreation Master Plan
Director Campbell introduced Rene OlJvo, Assistant Director of Building and Park
Construction.
Director Campbell stated thai he took excerpts from Chapters (1-4) of the Master Plan,
and stated that he would talk about each chapter briefly. Director Campbell also stated
that he would review the overall goals, methodology and historical context of the
document. As a side nole, Director Campbell stated that the Parks and Recreation
Master Plan was ready in November 2001, but chose to withhold it because discussions
regarding RecDIF were taking place. Chapter 5 is not included in today's presentation,
and will be presented at a later date because RecDIF is not complete.
Director Campbell stated that the overall goal of the Master Plan was to:
· Prepare a comprehensive detailed document to assist in the development of parks
and recreation resources in the City;
· Describe the assessment of the community's desires for recreation services;
· Outline processes that are planning ddven;
· Create a rational planning guideline that will provide a procedure for addressing
the City's concems regarding the development of the City's parks and recreation
resources;
· Outline the preferred visions, ch,aracter, and direction;
· Create parameters and guidelines; and
· Establish a planning framework that becomes a bddge for Jmplementalion of
facilities
Director Campbell discussed the Methodology of the Master Plan which includes:
· Prepare an inventon/of current park sties, recreation facilities and related
regulatoly programs and policies;
· Prepare a Recreation Needs Assessmenl;
· Identify current and future parks and recreation needs based on the
conclusions and findings;
· Develop goals; policies and action items relaled to addressing the current
and future park and recreation needs; and
· Develop an invenlory of park sites and recreation facilities within each park
site utilizing the directives identified.
Discussion held on Chapters 1 - 4, and also briefly discussed highlights of each chapter.
Parks and Recreation Commission Minutes - 3/27/02
· Description of Current Parks and Recreation Resources:
· Assessing the Recreational Services Needs of the Community;
· Goals, Policies, and Action Items; and
· The Physical Representation of the comprehensive Plan
Discussion held on the current Parks and Recreation General Plan Definitions that
include:
· Regional Parks - parks that draw from the SD CommuniJy
· Community Parks - parks lhat are 30 acres or larger
Neighborhood Parks - Walk-to parks in development neighborhoods
· Mini Parks - Small pocket parks
· Special Purpose Parks or Recreation - Areas could be odented for camping,
equestrian, nature preserve, etc.
· Commercial Parks and Recreation- Bowling, swimming, school resources, trails, etc.
Direclor Campbell discussed the Parks and Recreation Resources Locations and stated
that the City is divided into five physical community plan areas (BayfTont, Cenlral Chula
Vista; Montgomery Area; Sweelwater Area; and Eastern Territories Community plan area)
as defined by the City's General Plan approved in 1995, which is in the process of being
updated. Discussion held on each area's major fealure with different park and recreation
needs and issues. In addition, survey on Recreation Needs was conducted in 1995 in the
Eastern Terrilodes. Discussion held on the results.
Commissioner Salcido commented on definition of parks and usage (Page 1-9), and asked
if an agreemenl is in place by the school district with the City, and if a school causes a
breach of contract, will this void and breach all agreements?
Director Campbell responded thai, no they (the schools) are nol tied togelher, by one
agreemenl, and if one school breaches and MOU/Agreement il would nol affect other
MOUs.
Commissioner Perondi responded that each school rep(esents a different segment of the
community with different needs. Example, EastLake High School can have discussions with
the City regarding lhe use, misuse, overuse of the park nexl to the high school.
Director Campbell slaled that this is a topic that lhal can be brought forward to the
commission at a later date.
Director Campbell discussed Policy 1.14 which slates lhe Primary Facilities requirements for
future community parks' and they include:
· Athletic fields 2/lighting
· Hard Courls with lighting
· Picnic Sheller/Tables
· Play area/equipment
· Restrooms
· Maintenance Building
· Community Center Building wilh a gymnasium, community pool, senior annex or
teen annex.
· Suppart facilities with open lawn areas; paved walkways w/ lighting and parking
with lighting
2
Parks and Recreation Commission Minutes - 3/27/02
Commissioner Salcido inquired that Policy 1.13 defines the criteda the City will use for
selecting land for future community parks, and also requested cladtication on community
park siles that provide rough graded useable land area.
Director Campbell responded that a rough grade is not the finish grade. In addition,
when the City accepts land from a developer, and the land is graded, the City requests
that il is done in such a manner that an immense amount of PAD money is not spent on
leveling the field.
Discussion on Policy 1-18 states that pdmary facilities and suppod facilities are to be
located in future neighborhood parks. This is to alleviate the transpodation of
maintenance equipmenl so staff may maintain the park and recreation facilities at a
proper level.
Discussion held on Policy 2.8 which is to provide fair and equitable access to sport fields
and other spods facilities, to insure that all Chula Vista residents have equal access to all
Citywide facilities.
Commissioner Perondi inquired aboul CIPs thai may be considered necessary at certain
parks in terms of facility improvement due to issues of safety, and when additional lighting
is required to alleviate these types of problems. In addition, he asked if the Depadmenl
ever received repods from the Police Depadmenf on which Parks were experiencing the
most criminal activity, vandalism, etc. Also, he would like to see information on illegal
activity occurring in the parks.
Director Campbell responded that Public Works - Parks Division mainlained the parks, and
believed they documented vandalism, etc.
Chair Weidner requested thai if certain parks were experiencing safety issues due to illegal
activity, that a CIP Project to install lighting might help alleviate these types of illegal
activities. In addition, she requested that staff bdng back a repod regarding cdminal
activity, vandalism, etc. in the park system. She requested this report a month before CIP
Projects go to Council.
Director Campbell stated that staff would meet and talk with the Police Depadment
regarding criminal activity in the parks, and a repod would be prepared. In addition,
information on CIPs will be broughl forward.
Deputy Director Byers explained that Public Works staff informs the Police Depadment of
illegal activity, vandalism, etc, and have requested in the past to step-up extra patrol for
parks that experience this type of activity.
Chair Weidner commented that the Park near her previous house had posted hours and
she believed that kept down criminal activity in that park. tn addition, she recalls having a
discussion on policies thai directed staff to keep lighting off at certain parks to curb
criminal activity.
Commissioner Salcido requested a revision fo Policy 2.8 be added that indicates that
storage facilities or "cement pad" be established for in-season spods at different park sites,
for community parks.
Chair Weidner stated that this statement is more feasible if it is inseded in Policy 1.14 ralher
than Policy 2.8.
3
Parks and Recreation Commission Minutes - 3/27/02
Commissioner Perondi stated that he would like to see a standard created for future park
development that would include storage.
Directar Campbell stated that he would include the statement "in-season league storage
areas" in Policy 1.14 under Primary Facilities; this would allow the Commission to develop
the language for the policy accordingly for storage areas/facilities.
Commissioner Perondi stated that he does not supped cargo containers in the parks.
Deputy Director Byers stated that in the future, staff is going to have to define "in-season"
and '"out of season" leagues.
Director Campbell stated that the Yauth Spods Council could define what "season" and
"out of season" is. The Commission would then confer or not confer with their decision.
Discussion held on Policy 2.9 which provides priority to the "in-season" sport groups to
insure the ability to meet the demand for spods field~' games and practices.
Discussion held on Policy 2.11 which proposed improvements to existing public parks, that
includes upgrades and new construction that supplements the existing and future
inventory of recreational facilities available in the City.
Discussion held on Policy 2.12 which states that the City will evaluate opportunities for
special purpose facilities on a case-by-case basis. This City will not grant park credit to
special purpose facilities.
Discussion held on Policy 2.13 which states that in master planned communities that have
a significant amount of small lat single family development (less than 5,000 square feet)
the General Development Plan and SPA Plans should provide adequate "common
useable open spaces'" to enhance the quality of the neighborhood experience. In
addition, the City will not apply parkland credit for these "common useable open spaces."
In some cases "common useable open space" may qualify for "Community Purpose
Facility" credit pursuant to the Chula Vista Municipal Code and the SPA Plan. This will be
maintained at the cost of the HOA.
Chair Weidner asked abo'ut the arguments Director Campbell anticipated receiving
because of Policy 2.13.
Director Campbell responded that the developers want credit for the land. In addition,
the developers are placing 3,000 sq. ft. homes on 5,000 sq. ft lats, in some cases, and in
other lots, they are placing 2,300 sq. ft. homes on 3,000 sq. ft. lots.
Directar Campbell talked about Table 4.4 Neighborhood Park Recreation Facility
Assignment, which are recommendatians from staff for praposed neighborhaod parks.
These recommendations are supported in Chapter 4 of the document.
Director Campbell talked about anticipated recreation facilities that will be coming on-
line through the year 2020.
Director Campbell talked about Neighbarhood Park - Village 6 and stated that it was
approved at the City Council meeting of 3/26/02. Discussion held on the amenities of the
park that include saftball field, soccer field, tennis couds with lighting; picnic tables;
restrooms and maintenance building. This is a proposed 10~acre park.
Pa~ks and Recreation Commission Minutes - 3/27/02
Director Campbell also stated that the Master Plan will need to be reviewed by the
Commission yearly, so that updates are incorporated and addressed accordingly per the
needs of the community.
Commissioner Perondi thanked staff for their work on the Master Plan.
Chair Weidner stated that she did not see a policy in the Master Plan that states that this
document is to be reviewed yearly by the Parks and Recreation Commission. In addition,
she stated that this statement should be memorialized in the document, as well as, in the
Strategic Plan, and not only as cover memo on the document.
· Commissioner Perondi stated that it should be included under "Goals of document on
page 1-2 and again reiterated in the summary on Page 1-18."
Director Campbell stated that he would include Chair Weidner's statement that the
Master Plan is reviewed on a yearly basis, and per Commissioner Perondi, include under
Goals of Documents and again reiterated in the summary.
Chair Weidner also stated that she would like to see this statement as a preface.
Chair Weidner and Commissioner Salcido stated that they would like to see this document
available to the community for public comment, in addition copies should be sent to the
Youth Sports Council.
Director Campbell stated that changes that were discussed will be incorporated, and
copies of the changes will be mailed to the Commission.
MSUC Perondi/Rude (4-0-0-0) to approve the Parks and Recreation Master Plan with
recommendations as discussed
3. Information Items -
a. Otay Valley Regional Park Workshop - Director Martin discussed and distributed
information on the City of San Diego Park Site Development announcement of the Public
Workshop that will be held on April 6, 2002 at 9:00 a.m. at Southwest High School.
Information was provided by Principal Landscape Architect Hofmockel.
b. Neighborhood Park @ Sunbow - Director Marlin discussed and distributed information on
the Community Workshops for Sunbow Park, which is an 11-acre public neighborhood park
in the $unbow planned community.
c. Community Workshop for EastLake Trails - Director Martin discussed and distributed
information on the Community Wc~shop for Eastiake Trails on April 6, 2002 from 9:00 -
12:00 noon at Creek, side Recreation Center located in EastLake.
4. Unfinished Business --None
5. NEW BUSINESS ~ None
6. WRm'EN COMMUNICATIONS -
7. COMMISSION COMMENTS - Commissioner Salcido stated that he needs a new name tag.
8. STAFF COMMENTS - Director Martin talked about the Murray-Hayden Grant that the Recreation
Department is in the process of applying for the renovation of Otay Park. Information will brought
forward.
Deputy Director Byers stated that Public Works Operations, Landscape Architecture Division, and
the Transit Division staff will move to the new Public Works Center on 4/4/02 and 4/5/02. Park
5
Parks and Recreation Commission Minutes - 3/27/02
reservations will be closed on 4/5/02 and commence Monday, April 8, 2002, at the new Public
Works Center. Public Works Operations (707 F Street) will be closed for business on Frida¥~ Apdl 5,
2002. The Public Works Center Dedicalion is scheduled on Apdl 20, 2002, and invitations will be
sent to the Commission.
9. Other - None
Recorded by
Marga~ta Cellano, Administrative Secretary
Recreation Depadment
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA. APPROVING THE PARKS AND RECREATION MASTER
PLAN
WHEREAS, the Parks and Recreation Department was directed by the City Council, with the
support of the City Manager, the Parks and Recreation Commission, and the GMOC to produce a
comprehensive Parks and Recreation Master Plan that would guide the City in the development of parks
and recreation facilities in the community at large over the next twenty years; and
WHEREAS, the Parks and Recreation Master Plan is intended to offer guidance to the
community, staff, and developer when designing new parks and recreation facilities; and
WHEREAS, it is also envisioned that City staff will conduct public workshops during the
programming/design stage of each neighborhood and community park; and
WHEREAS, these workshops may suggest modifications to identified programming in the Parks
and Recreation Master Plan for any given park; and
WHEREAS, the Parks and Recreation Master Plan has been presented to staff, developers, the
Parks and Recreation Commission, GMOC, and has undergone a 30-day public review; and
WHEREAS, comments gathers from these groups have been incorporated into the document.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby approve the Parks and Recreation Master Plan, a copy of which shall be kept on file in the Office
of the City Clerk.
Presented by Approved as to form by
Andy Campbell Johr~I~l.~eny
Director Building and Park Construction City Attorney
J:~Attomey\Resos\park and rec master plan
'-' ..,.
COUNCIL AGENDA STATEMENT
Page 1, Item 1'7
Meeting Date: 11/12/02
ITEM TITLE: A. A PUBLIC HEARING TO CONSIDER ADOPTION OF AN URGENCY
ORDINANCE AND A NEW ORDINANCE AMENDING CHAPTER 17.10
OF THE CHULA VISTA MUNICIPAL CODE, RELATING TO UPDATES
IN THE PARKS ACQUISITION AND DEVELOPMENT (PAD) FEES TO
PAY FOR VARIOUS PARK FACILITIES WITHIN THE CITY OF CHULA
VISTA.
B. A PUBLIC HEARING TO CONSIDER ADOPTION OF AN URGENCY
ORDINANCE AND A NEW ORDINANCE AMENDING CHAPTER 3.50
OF THE CHULA VISTA MUNICIPAL CODE RELATING TO UPDATES IN
THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEES (PFDIF) TO
PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA
VISTA.
C. AN URGENCY ORDINANCE NO. OF THE CITY OF CHULA
VISTA, CALIFORNIA, AMENDING CHAPTER 17.10 OF THE CHULA
VISTA MUNICIPAL CODE RELATING TO UPDATES IN THE PARKS
ACQUISITION AND DEVELOPMENT (PAD) FEES TO PAY FOR
PARKLAND ACQUISITION AND VARIOUS PARK FACILITIES WITHIN
THE CITY OF CHULA VISTA'S GENERAL PLAN AREA BOUNDARY.
D. AN ORDINANCE NO. OF THE CITY OF CHULA VISTA,
CALIFORNIA, AMENDING CHAPTER 17.10 OF THE CHULA VISTA
MUNICIPAL CODE RELATING TO UPDATES IN THE PARKS
ACQUISITION AND DEVELOPMENT (PAD) FEES TO PAY FOR
PARKLAND ACQUISITION AND VARIOUS PARK FACILITIES WITHIN
THE CITY OF CHULA VISTA'S GENERAL PLAN AREA BOUNDARY.
E. AN URGENCY ORDINANCE NO. OF THE CITY OF CHULA
VISTA, CALIFORNIA, AMENDING CHAPTER 3.50 OF THE CHULA
VISTA MUNICIPAL CODE RELATING TO UPDATES IN THE PUBLIC
FACILITIES DEVELOPMENT IMPACT FEES (PFDIF) TO PAY FOR
VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA'S
GENERAL PLAN AREA BOUNDARY.
F. AN ORDINANCE NO. OF THE CITY OF CHULA VISTA,
CALIFORNIA, AMENDING CHAPTER 3.50 OF THE CHULA VISTA
MUNICIPAL CODE RELATING TO UPDATES IN THE PUBLIC
FACILITIES DEVELOPMENT IMPACT FEES (PFDIF) TO PAY FOR
VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA'S
GENERAL PLAN AREA BOUNDARY.
G. A RESOLUTION NO. ADOPTING THE "PARK ACQUISITION
AND DEVELOPMENT FEE, 2002 UPDATE" AND THE "PUBLIC
FACILITIES DIF, NOVEMBER 2002 AMENDMENT".
SUBMITTED BY:
Director of Budget and AnalYSi~
/ ,/
City Manager ~ Df" . (4/5ths Vote: Yes~ No-----1
/7-/
REVIEWED BY:
~'{f.?-
~
'-.- -- -----
--- - ---
~-- ~~
CllY OF
CHUlA VISTA
PARKS & RECREATION
MASTER PLAN
NOVEMBER 12, 2002
City of Chula Vista
Building and Park Construction
1800 Maxwell Road
Chula Vista, CA 91911
Chula Vista Parks & Recreation Master Plan
PREFACE
It is the intention of staff to conduct public workshops during the programming/design 'stage of
each community park. As a result, modifications may be suggested that would change the
identified programming in this Master Plan for any given park.
To this issue and recognizing the ever-changing recreation needs of the community the
Recreation Department will continue to develop operational policies that will enhance the park
and recreation user's experience.
Anticipating that these operational policies will affect the language of the Parks and Recreation
Master Plan, the Parks and Recreation Commission recommends an annual review of the Master
Plan that would incorporate any policy changes. Any recommendations for change to the
document would be forwarded to City Council for their approval.
i
November 12, 2002
Preface
City of Chula Vista Parks & Recreation Master Plan
TABLE OF CONTENTS
PREFACE. ... .... .... ... ....... ...... ... ........ ....... ... .......... .... ....... .... ......... ........ ... .............. .... .........1
CHAPTER 1 -INTRODUCTION AND PURPOSE.......................................................1-1
Introduction to the Parks and Recreation Master Plan ............................................1-2
Goals of the Document............................................................................................1-2
Methodology............................................................................................................ 1-2
Historical Context.................................................................................................... 1-3
Goals of Specific Chapters......................................................................................1-4
Chapter One: Description of Current Parks & Recreation Resources...............1-4
Chapter Two: Assessing the Recreational Service Needs
of the Community -4.........................................................................................1
Chapter Three: Goals, Policies and Action Items..............................................1-5
Chapter Four: The Physical Representation of the Comprehensive Plan .........1-5
Regulatory & City Mandated Requirements ............................................................1-5
Chula Vista General Plan...................................................................................1-5
Quimby Act. ....... ... ............... ........... ............. ....................... .................. ... ..........1-5
Parkland Dedication Ordinance (POD) ...............................................................1-6
Growth Management Program (GMP) ...............................................................1-6
Capital Improvement Program (CIP)..................................................................1-6
Multiple Species Conservation Program (MSCP) ..............................................1-6
Greenbelt Master Plan .......................................................................................1-6
Chula Vista Landscape Manual.........................................................................1-7
Americans with Disabilities Act (ADA)................................................................1-7
Joint Use Agreements.............. .... ....... .............. ... .............. ........ ............... .........1-7
Redevelopment Project Areas ...........................................................................1-7
Current Parks & Recreation General Plan Definitions............................................. 1-7
Regional Parks... .................. .... .... ....... .......... ....... ......... ........... .......... ....... .........1-7
Community Parks............................................................................................... 1-7
Neighborhood Parks ..........................................................................................1-8
Mini-parks.......................................................................................................... 1-8
Special Purpose Parks or Recreation Areas......................................................1-8
Commercial Parks and Recreation ....................................................................1-8
Definitions Pertinent to the City's Parks and Recreation System ............................1-9
Community Centers ... .......... .... .... ........................ ........ ... ............. ...... ....... ....... ..1-9
Recreation Complexes....................................................................................... 1-9
Public Recreation Resource ..............................................................................1-9
Quasi-Public Resources ....................................................................................1-9
Private Resources.............................................................................................. 1-9
School Resources.............................................................................................. 1-9
Trails.. ............ ........... .............. .............. ........... ........... ....... ................ .............. 1-1 0
Recreational Services and Programs...............................................................1-10
Recreation Facility - Non-Building ...................................................................1-10
Recreation Facility - Building........................................................................... 1-1 0
Recreation Facility ...........................................................................................1-11
November 12,2002
Table of Contents
City of Chula Vista Parks & Recreation Master Plan
Recreational Needs or Recreational Demands................................................ 1-10
Parkland Standard or Parkland Threshold .......................................................1-11
Parks & Recreation Resources Locations .............................................................1-11
Bayfront ........................................................................................................... 1-11
Central Chula Vista ...... ........ ... ...... .... ... .... ... ... '" ... ..... '" ... ..... .......... ..................1-11
Montgomery .....................................................................................................1-11
Sweetwater...................................................................................................... 1-15
Rancho del Rey .... .......... ...... ....... ... .... ... ... ... ..... ...... ... ..... ... ....... ... ... ...... ......1-15
Bonita Long Canyon ...................................................................................1-15
Eastern Territories ·..·....·..................................................................................1-15
Sunbow ........ .......... ................. .............. ...... .................. ........... ............. .....1-15
Otay Ranch. ..................... ....................... ...... ...... ............... .......... ..... ..........1-16
Otay Valley Regional Park..........................................................................1-16
San Miguel Ranch ·........·..·........·..........·..·..................................................1-16
Rolling Hills Ranch .....................................................................................1-16
EastLake .................... ..... .................... ...... ............ ....... ................... ..... ...... 1-17
Summary ..... ........ ............. ..... ................................... ........... ...... .......... ..................1-18
Figure 1 - Existing Public Park and Recreation Facilities .....................................1-12
Table 1-1 - Public Park and Recreation Resources 2000.....................................1-13
Table 1-2 - Public Park and Recreation Resources 2000 by Facility....................1-17
CHAPTER 2 - DEMAND AND OPINION OF NEEDS ANAL YSIS................................2-1
Summary of Findings of the Needs Analysis...........................................................2-1
Year 2000 East and West Chula Vista...............................................................2-1
Year 2020 East and West Chula Vista...............................................................2-1
Methodology and Process Used to Determine Needs.............................................2-2
Demographics and Population Projections..............................................................2_2
Demands................................................................................................................. 2-3
Quantitative - Telephone Survey.......................................................................2-3
Qualitative.......................................................................................................... 2-4
Outcome of Facility Demand and Needs Analysis ..................................................2-8
Need for Facilities ....·.........................................................................................2-9
Meeting Current Demand .............................................................................2-9
Methodology.......................................................................................... 2-1 0
Future Demand (2000 to 2020).............................................................................2_12
Common Useable Open Spaces...........................................................................2-12
Figure 2-1 - Percentage of Interest.........................................................................2-4
Table 2-1 - Recreational Facilities & Programs Interest Group
Questionnaire Summary ... .................................... ............................. ...... ........ ..2-5
Table 2-2 - Percent Demand Met By Activity - 2000...............................................2-7
Table 2-3 - Recreation Facility Needs (2000) .........................................................2-9
Table 2-4 - Recreation Facility Needs (2000-2020) East and West......................2-14
November 12, 2002
II
Table of Contents
City of Chula Vista Parks & Recreation Master Plan
Table 2-5 - East Chula Vista Future Demand for Recreation Facilities
By Major Development Projects (2000 -2020) ................................................2-15
CHAPTER 3 - STRATEGIES FOR DEVELOPING STANDARDS ...............................3-1
Introduction............................................................................................................. 3-1
Goal 1 - Fulfilling the Comprehensive Park System Need......................................3-1
Goal 2 - Priorities for Allocation of Resources ......................................................3-11
Goal 3 -Implementation Program ........................................................................3-15
Summary .............................................................................................................. 3-18
Table 3-1 (Goal 1.11 ). Community and Neighborhood Park Acreage .....................3-5
CHAPTER 4 - PARKS FACILITY DISTRIBUTION
Introduction............................................................................................................ .4-1
Pu rpose ............................................................................................................... .4-1
Recreation Facility Distribution - Current Needs (2000) .........................................4-1
Recreation Facility Distribution - Future Needs (2000-2020)..................................4-4
Park Phasing Future Demand ...............................................................................4-10
Park Phasing Current Demand .............................................................................4-10
Park Facilities 2020.. ...... ....... ........... ..... ..................... ........... ................... ...... .......4-12
OverView......................................................................................................... .4-12
Parks Facility Distribution................................................................................. 4-12
Table 4-1 - Recreation Facility Needs 2000 ...........................................................4-2
Figure 2 - Future Public Parks 2000 - 2020 ...................................................... 4-2(a)
Table 4-2 - Recreation Facility Assignment Goal- Demand 2000.........................4-3
Figure 3 - Existing and Future School Locations ............................................... 4-4(a)
Table 4-3 - Community Park Recreation Facility Assignment 2000-2020...............4-6
Table 4-4 - Neighborhood Park Recreation Facility Assignment 2000-2020 ..........4-7
Table 4-5 - Recreation Facilities Non-Public Parkland
Anticipated Inventory 2000-2020 .......................................................................4-8
Table 4-6 - Recreation Facility Assignment Summary 2000-2020..........................4-9
Table 4-7 - Recreation Facility Assignment Goal Site Phasing - Demand 2000..4-11
Figure 4 - Public Park and Recreation System at Buildout 2020..................... 4-12(a)
Figure 5 - Conceptual GreenbelVOpen Space Network & Trails ..................... 4-12(b)
CHAPTER 5 - CAPITAL FINANCING
Recreation...............................................................................................;............... 5-1
Parks....................................................................................................................... 5-1
November 12, 2002
111
Table of Contents
Chula Vista Parks and Recreation Master Plan
CHAPTER 1 - INTRODUCTION AND PURPOSE
A. Introduction to the Parks And Recreation Master Plan
Providing for well planned leisure opportunities for socio-economically and culturally
changing populations is one of the greatest challenges in the 21st century according
to the National Recreation and Park Association and the American Academy for
Parks and Recreation Administration. The challenge for public agencies is to
commit to park planning practices that provide responsive, equitable, and high
quality park and recreation services. The Chula Vista Parks and Recreation Master
Plan represents the City's commitment to comprehensively respond to the park and
recreation needs of the current and future residents. The Master Plan is the
blueprint for the City's park system; acknowledges past park planning efforts through
the identification of existing park and recreation facilities; serves as the blueprint for
future park development; and identifies the locations of future park sites as well as
the locations for specific types of recreational facilities.
This Master Plan represents a comprehensive park planning effort that recognizes
that a park system is more than simply a collection of individual recreational
elements. It represents a comprehensive and interrelated package of Community
and Neighborhood Parks that give residents the opportunity for a complete
recreational experience and a desirable addition to the environment in which to live.
Each park must be viewed within the context of the whole park system to insure that
it functions properly in providing a balance of recreational opportunities.
A systematic approach has been utilized in the creation of the Parks and Recreation
Master Plan, representing a collaborative effort that has involved many stakeholders
including policy makers, special interest groups, the general public, and the
development community.
This chapter provides a factual context for the overall Parks and Recreation Master
Plan:
· A description of the overall goals of the Parks and Recreation Master Plan
document.
. A brief history of Chula Vista including the identification of historic park
planning milestones.
· A brief description of the existing regulatory programs that have influenced
and will continue to influence park-planning activities in Chula Vista.
· Definitions and terms that apply to park and recreation planning and
. development activities.
· An inventory of existing (Year 2000) parks and recreation resources by
planning area, accompanied by a detailed map.
November 12, 2002
I-I
Chapter 1
Chula Vista Parks and Recreation Master Plan
B. Goals of the Document
The overall goals of the document are to:
· Prepare a comprehensive detailed document to assist in the development of
parks and recreation resources in the City.
· Describe the assessment of the community's desires for recreation services,
the translation of these desires into physical and spatial parks and recreation
facilities and their application to locations within the comprehensive parks and
recreation system.
· Outline a process that is planning driven, that relies on sound data and
information generated through community needs assessment.
· Create a rational planning guideline that will provide a procedure for
addressing the City's concerns regarding the development of the City's parks
and recreation resources.
· Outline the preferred vision, character, and direction of the comprehensive
parks and recreation system for the City.
· Create parameters and guidelines that will allow for the incremental and
orderly development of parks and recreation resources within the context of a
comprehensive system.
o Assess the needs of the community (identify and involve the customer in
the planning process).
o Establish goals and policies for the delivery of parks and recreation
resources.
· Establish a planning framework that becomes the bridge for implementation
between information and a systematic development plan.
· The doa.mert is an ever-dlal gi IQ document as the needs and assessments of the
community continue to grow. In an attempt to respond to these needs the
Parks and Recreation Master Plan will be reviewed yearly by staff and the
Parks and Recreation Commission.
· The City recognizes that they lacked the ability to require developers to
commit or designate park ground prior to the enactment of the Quimby Act in
1965. Since the enactment of the Quimby Act, the City has required
developers to comply with the three acres per 1,000 population requirement
set by the Quimby Act.
C. Methodology
The following represents a description of the methodology employed to create the
Parks Master Plan. Although the process of developing the Master Plan has at
times been very complex, the methodology is described in the simplest terms
possible.
Step One:
Prepare an inventory of current park sites, recreation facilities, and
related regulatory programs and policies.
Prepare a Recreation Needs Assessment.
Step Two:
November 12,2002
1-2
Chapter I
ChuIa Vista Parks and Recreation Master Plan
Step Three:
Identify Current and Future Park and Recreation Needs based on
the conclusions and findings identified from Step Two.
Develop Goals, Policies, and Action Items related to addressing the
Current and Future Park and Recreation Needs.
Develop an inventory of park sites and recreation facilities within
each park site utilizing the directives identified in Step Four.
Step Four:
Step Five:
D. Historical Context
Understanding the historical context of park planning and development in the City
provides perspective and a framework for future park planning efforts in Chula Vista.
The following discussion highlights historical park planning efforts in Chula Vista. As
the City has grown over the past ninety years so has its park system. As
development areas expanded within Chula Vista new parks have continually been
added to the City.
The commitment for a quality parks and recreation system in Chula Vista is not a
new commitment, in fact park planning has continuously been pursued in the context
of land use planning efforts within the City since incorporation in 1911. In the early
years, as land opportunities became available parks were developed for residents.
The first park built in the City of Chula Vista following incorporation was Eucalyptus
Park in 1927. As the City continued to grow additional parklands were acquired and
developed.
On September 11, 1962 the City opened Greg Rogers Park, representing the first
park developed in the City as a joint-use facility between the City and the school
district.
Prompted by rapid increases in population in the late 1960's, the City Council
accepted the recommendation of the Parks and Recreation Commission to
commence a Parks and Recreation Master Plan. The development of the Master
Plan occurred on the heels of California's State Legislature enactment of the Quimby
Act in 1965. The Quimby Act essentially responds to the rapid increase in
urbanization and the need to preserve open space in California's growing
communities by allowing local communities to establish ordinances requiring the
dedication and improvement of parkland in conjunction with the creation of new
residential subdivisions.
The City Council adopted a Parks and Recreation Master Plan on July 20, 1971.
This was followed on October 24, 1971 by the adoption of an ordinance requiring
subdividers to provide park and recreation facilities that would directly benefit the
residents of the subdivision.
The 1971 Master Plan included the identification of a twenty-year plan for
addressing "future" City park needs based on anticipated population forecasts.
November 12, 2002
1-3
Chapter 1
Chula Vista Parks and Recreation Master Plan
In 1974, utilizing the 1971 Master Plan as a basis, the Parks and Recreation element
of the General Plan was prepared and incorporated the recommendations of the
Master Plan pertaining to the locations of future parks within the context of
developing areas within the City. The 1974 Parks and Recreation Element identified
the need to periodically review the Parks Master Plan to keep the plan up-to-date
with current needs.
The Parklands and Public Facilities Ordinance was updated in 1987, requiring new
subdivisions to provide three acres of developed parkland for every 1,000 residents.
The 1989 Chula Vista General Plan, and the subsequent update in 1995 repeats the
directive to update the Parks and Recreation Master Plan as well as plan for new
facilities.
In the early and mid-90's the Parks and Recreation Department and Planning and
Building Department began to prepare the Park and Recreation Master Plan scope
of work. Soon afterwards the City began to prepare the Parks and Recreation
Master Plan. With the assistance of park planning consultants, staff embarked on
one of the initial tasks associated with the preparation of the document, namely the
preparation of the East and West Chula Vista Recreation Needs Assessment.
Chapter Two of the Master Plan describes the conclusions and findings contained in
these assessment reports.
E. Goals of Specific Chapters
Chapter One: Description of Current Parks & Recreation Resources
· Provide a factual context for the overall Parks and Recreation Master Plan.
· The City's Park history and development.
· The physical infrastructure and characteristics of the City as described in the
current inventory of the City's public parks and recreation resources.
· List of pertinent regulatory guidelines and City mandated requirements related to
parks and recreation development.
· List of general plan definitions of parks and recreation resources.
· List of definitions of other parks and recreation resources not previously
recognized/approved.
Chapter Two: Assessinq the Recreational Service Needs Of The Community
· Assessment and evaluation of the recreational service needs of the community in
a comprehensive and comparative manner.
· Description of the relationship of recreation service needs to a spatial analysis
within a comprehensive parks and recreation system.
November 12, 2002
1-4
Chapter I
ChuIa Vista Parks and Recreation Master Plan
Chapter Three: Goals, Policies and Action Items
· That creates a cohesive, comprehensive, equitably distributed, accessible parks,
and recreation system that is representative of the City's unique qualities.
· Allocation of resources to the highest level possible.
· That clearly expresses the minimum acceptable facilities for citizens of every
community.
· That creates and clarifies guidelines for determining land requirements for the
City's parks and recreation resources.
· Descriptive standards for park types.
· Development of a recreation services delivery plan.
· Development of an operation and maintenance plan.
Chapter Four: The Phvsical Representation of the Comprehensive Plan
· Individual components of parks and recreation development within an overall
comprehensive system context.
· Individual obligations (City's and new subdivision development) to the
comprehensive plan, clarifying the level of service as previously established
through the City's Parkland Dedication Ordinance.
F. Regulatory and City Mandated Requirements
The existing regulatory programs that are considered in the development of the
Parks and Recreation Master Plan are summarized below, including their significant
characteristics.
1. The Chula Vista General Plan identifies and describes goals for the future
physical, social, and economic development of the City as well as public policies
to attain those goals. The General Plan provides the framework for planning and
development of the City's park system. Four of the nine General Plan elements
pertain to issues and policies impacting parks and recreation issues in the City.
The Land Use Element contains a broad issues, goals, and objectives statement
with respect to open space and recreation, whereas the Conservation & Open
Space Element discusses specifics such as existing and future park needs. The
Parks and Recreation Element provide policy direction for the preparation of this
Parks and Recreation Master Plan. The Growth Management Element contains
policy direction for the functional and aesthetic physical development of the City,
including its parks.
2. The California Legislature established the Quimbv Act in 1965 in response to
California's increased rate of urbanization and the need to preserve open space
and provide parks for California's growing communities. SB 1785, Chapter 1467,
and Statutes of 1982 substantially amended the act, allowing local agencies to
establish ordinances requiring residential subdivision developers to provide land
November 12, 2002
1-5
Chapter I
Chula Vista Parks and Recreation Master Plan
or in-lieu fees for park and recreation purposes and specifying acceptable uses
or restrictions on the expenditure of such funds.
3. Parkland Dedication Ordinance (POD) - The POD (Chapter 17.10 of the Chula
Vista Municipal Code) provides for the dedication of developed parkland and
establishes the number of recreation facilities that a residential development will
be required to provide. The PDO also identifies the standard for the amount of
parkland (3 acres per 1,000 people) to be dedicated when a residential
subdivision map is finalized. The Quimby Act, California Government Code
Section 66477, is the enabling legislation for the establishment ofthis standard.
4. Growth Manaqement Proqram (GMP) - The GMP provides minimum "quality of
life" thresholds or standards that must be adhered to by new residential
development projects. These thresholds or standards include the provision of a
minimum level of developed park acres within new developments (3 acres of
parkland per 1,000 people). The City Council appoints a Growth Management
Oversight Commission (GMOC) to monitor compliance to the threshold
standards on an annual basis.
5. Capital Improvement Proqram (CIP) - Through the City's CIP process, on a five
year plan, a series of continuing and planned improvements to parks and
recreation facilities are identified. Funding sources for these improvements are
typically a part of the CIP and are reviewed and adopted annually by the City
Council.
6. Multiple Species Conservation Proqram (MSCP) - The MSCP is a
comprehensive habitat conservation program for the preservation of more than
85 sensitive plant and animal species. This program includes lands from the City
of Del Mar and south to the Mexico border. Of the total 172,000 acres of planned
preserve, over 10,000 acres of land and wetlands are contained in Chula Vista.
Lands set aside as part of the MSCP will include both local and regional trail
linkages. The Draft City of Chula Vista MSCP Subarea Plan anticipates the
development of up to 400 acres of active recreation uses within the Otay Ranch
portion of the Otay Valley Regional Park, 246 acres of which are within the Chula
Vista MSCP Subarea.
7. Greenbelt Master Plan - The General Plan identifies policies that will guide the
preparation of the Greenbelt Master Plan. A plan that includes a 28-mile open
space trails system that encircles the City linking the City park sites. This system
will allow easy access to all of the parks and recreation programs provided by the
City. The Greenbelt Master Plan is currently being prepared, and will include
standards for future trails, as well as general trail and open space delineation.
The City acknowledges that the Green Belt Master Plan incorporates the Otay
Valley Regional Park.
November 12, 2002
1-6
Chapter I
Chula Vista Parks and Recreation Master Plan
8. Chula Vista LandscaDe Manual - The City's Landscape Manual provides
standards for site development, landscaping, and irrigation for both private
development and public projects. The Landscape Manual includes development
standards for parks, open space, and landscape areas within public right of ways
and a description of the park planning process. The manual serves an important
role in the physical planning of park sites and such functions as an
implementation tool for the Parks and Recreation Master Plan.
9. Americans with Disabilities Act (ADA) - The ADA adopted in 1990 requires that
reasonable access to public facilities is provided.
10. Joint Use Aoreements - The City has established Joint Use Agreements with
school districts, non-profit organizations, and public and quasi-public agencies,
enabling the realization of the City's goals in meeting the community needs.
11. RedeveloDment Plan Areas - The City supports a total of five redevelopment
plan areas, including: the Bayfront, Southwest, Town Centre I and Town Centre
II, and Otay Valley. Each redevelopment plan area may include different goals
as well as park and recreation-related features. Additionally, each
redevelopment plan area may include the ability to finance additional park
facilities within the boundaries of the plan area.
G. Current Parks And Recreation General Plan Definitions
The Parks and Recreation Element of the City of Chula Vista General Plan, updated
September 5, 1995, describes park and recreation resources as follows: (definitions
are redefined as part of the Goals and Policies identified in Chapter 3.)
1. Reoional Parks - Regional parks are large open space and recreational facilities
provided either partially or wholly by the County of San Diego. These regional
parks are a major component of the Chula Vista Greenbelt plan and include the
Sweetwater Regional Park and Otay Lake County Park. Together they include
such uses as golf courses, beaches, lakes, hiking trails, athletic sports fields,
picnic facilities, campgrounds, swimming pools, and wildlife refuges. Though
located within or near the general plan area, regional parks serve the needs of
persons throughout San Diego County, as well as Chula Vista citizens.
2. Communitv Parks - A community park is designed to serve more than one
neighborhood. They vary in size but are generally 30 or more acres, excluding
greenbelts, trails, and adjoining school lands. A community park may provide
joint-use with a secondary school, through siting and design features. These
parks are planned to meet the needs of all age groups by providing a wide
variety of land uses, including swimming pools, playing fields for team sports,
recreation centers, cultural centers, picnic areas, gardens, and similar uses.
November 12, 2002
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Chapter I
Chula Vista Parks and Recreation Master Plan
3. Neiqhborhood Parks - A neighborhood park, whether public or private, is
intended to serve local residents and should be within walking distance of the
households it serves. Beyond this point, public and private neighborhood parks
differ somewhat in specific function and design.
Ideally, a public neighborhood park should range in size from 5 to 15 acres,
excluding off-street trails, greenbelts, and school lands. When possible,
neighborhood parks adjoin public elementary schools and serve a minimum of
1,000 people each. Primary uses include passive open space, active play areas
for children, including tot lots, playground apparatus, and picnic areas.
I"'rivate neighborhood parks in Chula Vista are typically smaller than public
neighborhood parks. With a few exceptions private parks range in size from 0.5
to 4 acres, excluding greenbelts, trails, and setbacks. Generally, private parks
are placed in the interior of residential developments or condominium complexes
rather than on public streets. They are designed to exclusively serve residents
belonging to the specific association, and are often more intensely developed
than comparably sized public parks. Uses include swimming pools, spas, club
houses, and tennis courts. These facilities are sometimes found in addition to
the passive open space and active play areas typically found in public
neighborhood parks.
4. Mini Parks - A mini park is also designed to serve local residents and be within
walking distance of the households it serves. These parks typically serve a
smaller number of houses than a neighborhood park and contain a very limited
range of facilities. The mini park in Chula Vista contains a tot lot or play structure
and some grass play area. In many neighborhoods, particularly in the newer
developed areas, mini parks are owned and maintained by a homeowners
association.
5. Special Purpose Parks or Recreation Areas - The special purpose park or
recreation area does not currently exist as part of the City park system, but may
in the future. This park may vary in size from a neighborhood park to community
park or larger, but rather than contain the facilities normally found in those parks
would contain specialized facilities or themes and are oriented to serving the
entire city. Although no special purpose park plan proposals have been made,
these parks could be oriented exclusively to camping, equestrian, nature
preserves, cultural, or other activities.
6. Commercial Parks and Recreation - A wide variety of recreation and leisure
opportunities are available to the residents of Chula Vista because of its location
in the South San Diego County region. Public beaches, local mountains and
deserts are all within short traveling distance from Chula Vista. In addition,
commercial recreation facilities such as movie theaters, arcades, bowling alleys,
skating rinks and miniature golf courses are just a few of the many additional
recreational options available in the City and the region.
November 12, 2002
1-8
Chapter I
Chula Vista Parks and Recreation Master Plan
H. Definitions Pertinent To The City's Parks And Recreation System
The following list of definitions will assist the reader to recognize the terms when
they are used throughout the Parks and Recreation Master Plan. As set forth below,
action items call for amendment to City plans and ordinances to conform all
definitions.
1. Communitv Centers - Community centers are multi-purpose facilities measuring
from 11,000 to 20,000 square feet. These centers serve as a community hub
and offer a wide range of recreation programs, education services, classes,
meeting rooms, and recreation staff office space.
2. Recreation Comolexes - A recreation complex is a multi-purpose facility that
incorporates more than one recreation component such as a community center,
swimming pool, gymnasium/gymatorium, or senior/youth annex.
3. Public Recreation Resource - A public recreation resource is a facility owned and
maintained by the City and that accommodates recreational activities or
programs that are accessible by the general public. A public recreation resource
is located on City, County, or State owned land.
4. Quasi-Public Resources - A quasi-public park and recreation resource is a facility
that accommodates recreational activities or programs that are generally
accessible by the general public or through membership and are operated by an
agency or entity other than the City. A quasi-public recreation resource may be
located on City, school district, or non-profit agency-owned land. Examples of
quasi-public facilities are schools, non-profit agencies such as the Boys and Girls
Club Centers and the YMCA.
5. Private Resources - A private recreation resource is owned and operated by a
private concern and is accessible to the public only through memberships andlor
pay per visit opportunities. Examples of private resources are: homeowner's
association parks, water parks, roller rinks, and outdoor theaters, just to name a
few.
There are a number of private parks in the eastern part of the City that provide
recreational services. These are used and maintained by members of the home
owners' associations, some have restricted access, while others are relatively
open to the public. Private parks have a pot-pourri of amenities, including: pool
and spa facilities; tennis, volleyball, and basketball courts; play areas and picnic
tables; and restroom facilities (except for the very small parks).
6. School Resources - The City has a number of joint use agreements with schools
in order to share recreation facilities. Examples of this arrangement are the
specialized outreach programs (e.g., ballet, art, martial arts, outreach classes,
November 12, 2002
1-9
Chapter I
Chula Vista Parks and Recreation Master Plan
etc) at elementary schools that the City facilitates. Elementary schools allow
joint use at the discretion of the principal only and do not allow direct allocation of
facilities by the City. High schools and middle schools allow direct allocation of
available recreation facilities by the City. Schools offer a myriad of facilities,
which include: athletic fields, courts, gymnasiums, picnicking, restrooms,
concessions, and amphitheaters and performing arts facilities.
7. Trails - The parks and recreation system is linked by a greenbelt open space
system and a Citywide system of trails and bikeways. The General Plan requires
the parks system to be linked by the trail system.
8. Recreational Services and ProQrams - The City provides recreational
opportunities to the public as either programmable or non-programmable
activities.
Programmable recreation activities represent those recreation activities and
programs that involve the formal reservation (by City staff) of a specific area of a
public park or building for a specific activity. Examples of programmable
recreation activities and programs include organized softball league games,
group picnic shelter rental, learn to swim, and multi-purpose room rental within a
community building.
Non-programmable recreation activities do not require scheduling or reserving
the use of the facility. Examples of non-programmable recreation activities
include tot lot play, an informal pick-up game of soccer, or a drop-in visit to a
senior center.
In addition to City sponsored recreation programs, additional programs and
services are also offered by non-profit organizations, commercial vendors, school
districts, churches, andlor volunteer groups. Many of these programs are offered
in cooperation with the City. There are a number of agencies and non-profit
organizations that provide valuable recreation programming to the community
and neighborhood areas.
9. Recreation Facilitv - Non-BuildinQ - These support various park-related
recreational activities and include ball and soccer fields; rollerblade and
skateboard areas; play areas (tot lots, horseshoe pits, etc); courts (tennis,
basketball, volleyball, shuffle board, etc); fitness courses; supporting amenities
(picnic shelters, concessions, etc) as well as restrooms and maintenance
buildings.
10.Recreation Facilitv - BuildinQ - Refers to major structures built for recreational
purposes such as community centers, gymnasiums, gymatoriums, swimming
pools, senior and teen centers, interior assembly space, and cultural centers.
November 12, 2002
1-10
Chapter I
ChuIa Vista Parks and Recreation Master Plan
11. Recreation Facilitv - Refers to BOTH - Building and Non-Building Recreation
Facility.
12. Recreational Needs or Recreational Demands - Refers to BOTH - Park Facilities
and Recreation Facilities.
13. Parkland Standard or Parkland Threshold - Refers to the City's Parkland
standard of three (3) net, useable park acres per 1,000 population. The standard.
includes the park acreage required for siting associated recreational venues.
I. Parks And Recreation Resources Locations
The City is divided into five distinct physical community plan areas, as defined by the
City's General Plan (1995 update), each area has major features with different park
and recreation needs and issues. The major community plan areas in the City of
Chula Vista include: the Bayfront, Central Chula Vista, Montgomery, Sweetwater,
and the Eastern Territories.
The City of Chula Vista's current public park facilities and their locations are depicted
in Figure 1, and Table 1-1 that list each park's acreage and facility by Community
Plan Area.
1. The Bavfront area occupies approximately 1,260 acres. This community
planning area has a predicted 2020 population of 1,188 people (SANDAG). It is
characterized by its access to the San Diego Bay and water related activities,
including boat marinas, bayside parks, the regional Bayshore Bikeway, and the
Chula Vista Nature Center. There is currently one community park and one
private green space, totaling 20.58 acres of public parkland in this area.
2. The Central Chula Vista area, approximately 3,730 acres, includes the historic
downtown area of the City and is characterized by the established parks such as
Chula Vista Memorial Park, Friendship Park, Norman Park, and Eucalyptus Park.
This community plan area has a predicted 2020 population of 54,680 people
(SANDAG). The total park acreage for this area is 43.93 acres made up of one
community park, three neighborhood parks, and two private green spaces.
There are also two parks with community centers and one recreation complex
within this area.
3. The Montqomerv area, approximately 4,500 acres, was annexed to the City in
1985 from the County of San Diego. This area includes the community of Otay
and has a predicted 2020 population of 56,658 people (SANDAG). Recent
facility additions, such as the Otay Recreation Center and the adjacent planned
Otay Valley Regional Park, will enhance the area's resources. There are
currently six neighborhood parks and five private green spaces totaling 57.82
acres of public parkland in this area. There are also two community centers in
two parks and one recreation complex within this area.
November 12, 2002
I-II
Chapter I
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Chula Vista Parks and Recreation Master Plan
4. The Sweetwater area occupies approximately 9,460 acres extending beyond the
City limits into the City's Sphere Of Influence. This community plan area has a
predicted 2020 population of 67,380 (SANDAG), It is defined on the north by the
presence of Sweetwater Valley and Sweetwater Regional Park and on the south
by the Rancho del Rey and Bonita Long Canyon neighborhoods, The
Sweetwater Valley Regional Park extends throughout the Sweetwater River
Valley from Interstate 805 to the Sweetwater Reservoir. This regional park
consists of 570 acres of which 178 acres are located within the boundaries of the
City of Chula Vista. Among other features the regional park contains two golf
courses, as well as numerous hiking, biking, and equestrian trails, Rohr Park,
the City's largest community park, and the Chula Vista Municipal Golf Course are
also located in the Sweetwater Regional Park, The total Chula Vista public park
acreage in this area, excluding the Regional Park, is 175,55 acres comprising
two community parks, nine neighborhood parks, and two mini parks.
a, The Rancho del Rev master planned community is included in the
Sweetwater community plan area, Rancho Del Rey is a community of
approximately 1,600 acres located north of Telegraph Canyon Road, east of
1-805. The community includes a system of parks (43.82 acres), trails and
preserved natural open space areas. The area's community park is
Discovery Park supported by Explorer, Marisol, and Voyager neighborhood
parks. Rancho del Rey Park and Independence Park are located on the
periphery of the community,
b. Bonita Lona Canvon master planned community consists of approximately
650 acres located east of Otay Lakes Road and north of East H Street.
Bonita Long Canyon Park, a 10.98-acre neighborhood park, is serving this
area,
5, The Eastern Territories community plan area, the balance of the City's acreage,
includes the newly developing master planned developments and the majority of
the future park development for the City. This community plan area has a
predicted 2020 population of 90,329 people (SANDAG), By mid-2000 89.51
acres will have been constructed.
a. The Sunbow planned community, encompassing 604 acres in size, is located
approximately three quarters of a mile east of 1-805 and half a mile south of
Telegraph Canyon Road, This project will house approximately 5,800
residents when completed, The Sunbow park system will include a
neighborhood park, in addition to the existing 3,72-acre neighborhood park, a
proposed community park facility, and the already established Greg Rogers
Park that is being upgraded by the Sunbow developer. A project for providing
trails along Olympic Parkway to connect with the Otay Ranch trails is also
planned,
November 12, 2002
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Chapter 1
Chula Vista Parks and Recreation Master Plan
b. 'The Otav Ranch is a master planned community situated on approximately
23,000 acres, approximately 9,100 acres are within the eastern Chula Vista
municipal boundaries and Sphere Of Influence, A population of
approximately 52,000 is anticipated on the Otay Ranch portion of the City of
Chula Vista by the year 2020,
The portion of Otay Ranch located within Chula Vista boundaries will include
a total of ten residential villages (that encourage pedestrian activity), one
industrial park, and one urban commercial planning area, Each residential
village is planned using the village core concept that provides for local-serving
commercial entities, and centrally located parks and schools, The Village
Core concept means higher residential densities located within the core and
lower densities toward the perimeter of each village, Each village is separated
by open-space buffers and major transportation corridors that will provide
inter-connecting hiking and biking trails,
Parks within the Otay Ranch consist of a hierarchy of facilities ranging from
common usable open spaces (HOA operated) in residential neighborhoods,
to public neighborhood parks, community parks, and a large portion of the
planned Otay Valley Regional Park,
Regional park trails and interconnecting sub-regional trails, planned as part of
the City's Greenbelt Master Plan, are also found in Otay Ranch, within Salt
Creek Canyon, Wolf Canyon, and the Otay River Valley. These trails will
traverse a planned open space preserve that extends throughout the entire
Otay Ranch property,
c, The Otav Vallev Reaional Park is a planned 8,700-acre multi-jurisdictional
regional open space that will contain preserve acres as well as active and
passive park opportunities, including equestrian, hiking, and biking trails, This
park will extend throughout the Otay River Valley, from San Diego Bay to
Upper and Lower Otay Lakes,
d. San Miauel Ranch is comprised of 2,590 acres, also located in the
northeastern portion of the City, and is bounded by Proctor Valley Road on
the west and south, Otay Water District Property and San Miguel Mountain on
the east, and the Sweetwater Reservoir to the north, The project is expected
to provide housing for approximately 4,160 residents,
A community park and a private park, as well as pedestrian, equestrian, and
bicycle trails are planned for the San Miguel Ranch project.
e, The Rollina Hills Ranch area, (formerly Salt Creek Ranch), is a 1,200-acre
master planned community located on the northeastern fringe of the urban
development pattern in Chula Vista, This project is bounded on the south by
the EastLake Business Center, on the north by San Miguel Mountains and
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Chapter 1
Chula Vista Parks and Recreation Master Plan
Otay Water District property, and on the west by San Miguel Ranch and the
future SR-125 Tollway. The project will house a total of 7,800 residents and a
seven-acre neighborhood park (MacKenzie Creek Park), a community park,
and a variety of small private park facilities.
The Rolling Hills Ranch community anticipates three types of trails including
recreational trails, equestrian/hiking trails, and open space pedestrian trails.
The Salt Creek open space corridor bisects the project and will be a part of
the City's Greenbelt Master Plan.
f, The EastLake area community encompasses approximately 3,200 acres in
eastern Chula Vista, The project site is located south of Rolling Hills Ranch,
immediately west of the Upper and Lower Otay Lakes, and immediately
adjacent to the Otay Ranch, EastLake at build-out will contain approximately
8,900 dwelling units and a population of about 22,000,
Public park resources include Chula Vista Community Park (12.9-acres);
future parks include: EastLake Trails (a community park); Sunset View Park
(a neighborhood park); two neighborhood parks, one in the Vistas community
and one in the Woods community. In addition, the Chula Vista Greenbelt
corridor passes throúgh the EastLake communities,
Table 1-2 summarizes the number and size of park and recreation resources
as of the year 2000. Parks under construction in 2000 are also included,
Table 1·2
Summary of Existing (2000) Citywide Public Parks & Major Recreation Facilities
Public Parks Major Public Recreation Facilities
Quantity Acres Community Recreation Square
Center On Iv ComDlex Feet
CommunTtV 6 177,04 1 - 4,972
Neinhborhood 23 188,71 2 .. 2 102,907
Mini-Darks 10 19,06 1 - 17,804
Othercarks . 3 1,68'" 1 2 35,985
Subtotal 42 386.49 5 4 161,668
Reaional 2 9,433,71 - - °
Totals 44 9,820.20 5 4 161,668
. Woman's Club, Otay Recreation Center, and the Chula Vista Community Youth Center.
.. Heritage Park 'community center" does not meet minimum square footage.
... Park site acreage not included for Chula Vista Community Youth Center.
November 12, 2002
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Chapter 1
Chula Vista Parks and Recreation Master Plan
SUMMARY
The City of Chula Vista has long provided for the varied recreational interests of the
community, and in a continuing effort to do so, the Parks and Recreation Master Plan
will be reviewed every year by staff and the Parks and Recreation Commission,
In order to provide for the changing recreation requirements and needs of the
community the City has evaluated and analyzed these needs that are identified in the
next chapter.
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Chapter I
Chula Vista Parks & Recreation Master Plan
CHAPTER 2 - DEMAND AND OPINION OF NEEDS ANALYSIS
This Chapter identifies the type and number of recreation facilities and the amount of
land required to meet the recreation needs as of January 1, 2000 for both east and west
Chula Vista. The January 2000 defined need represents the "current need." This
Chapter will also identify the type and number of recreation facilities required to meet
the recreation needs of future residents (future need) resulting from population
increases due to the addition of residential units in both east and west Chula Vista,
The information contained in this chapter represents a summary of quantitative and
qualitative findings and conclusions, These conclusions have been derived from the
consultant-prepared "Recreational Needs Assessment Reports," (quantitative) from
focus workshops, and interviews with key recreational stakeholders (qualitative), Key
interviews included sport groups, the City's parks and Recreation Commission, school
districts, developers, public workshop participants, community service providers, and
City staff,
A. Summary of Findings of the Needs Analysis
Year 2000 East and West Chula Vista
Analysis shows that a majority of the current (year 2000) demand for parks and
recreation resources is being met through the utilization of both public parkland and
school land, Parks and recreation resources include park acreage and various types
of recreational facilities,
Utilizing both existing públic parkland and existing school land, an additional 100-
acres have been identified to meet the parks and recreation resource demand, If
existing school lands are not included, approximately 465 acres of public parkland is
required to accommodate existing (year 2000) overall need.
Section E, "Outcome of Facilities Demand Needs Analysis," details the type and
number of recreational facilities required to meet the total Citywide demand as of the
year 2000,
Year 2020 East and West Chula Vista
Future increases (beyond year 2000) in population resulting from new development
in both the east and west portions of the City will result in demand for new facilities,
New development' projects containing residential dwelling units will contribute
parkland and facilities to serve the population resulting from new development.
Since the projected park acreage demand of 333.8 acres (Table 2-4) resulting from
new development will exceed the maximum 281 park acres (excluding landfill park)
that the City may exact under State Law, a shortage of 52,8 acres of parkland has
been identified resulting from new development.
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Chapter 2
Chula Vista Parks & Recreation Master Plan
B. Methodology and Process Used to Determine Needs
Demand for recreational facilities has been determined quantitatively by performing
a statistically reliable random sample resident telephone survey. Qualitative
information pertaining to resident's recreational practices and desires has been
collected from questionnaire responses obtained from sports group participants,
recreational program participants, community workshop participants, and members
of the development community.
Table 2-3 identifies the number of facilities needed to meet current population (2000)
needs. The number of facilities required to meet population resulting from new
development (beyond 2000) is identified in Table 2-4,
C. Demographics and Population Projections
Chula Vista is a fast-growing City with a current (2000) population of approximately
174,319 (CA Department of Finance), By the year 2020 the City, and its Sphere of
Influence is expected to reach a population level of 270,739 based on existing land
use policies, Increases in Chula Vista population, between 1990 and 2000,
represent an annual average of 2.4 percent, as compared to the San Diego
Countywide average of 1,5 percent. The average annual population increase for
Chula Vista, between 2000 and 2005, is estimated at 3.74 percent, or 6,860 persons
per year. After 2010, growth in the City is expected to moderate somewhat to an
average of 4,214 persons per year, still slightly above the annual growth over the
past nine years, Future increases in City population will require a commensurate
increase in available parkland and recreation facilities.
A slightly above-average proportion, (24,8 percent), of the City population is
represented by children under 15 years of age (1998) as compared to the County as
a whole (23,0 percent), The proportion of the City population represented by
persons 65 and over is on par with the County as a whole, 11,8 percent and 11.4
percent respectively, While no projections are available by age category for the
City-, County-wide projections do not show expectations for above average growth
in the age groups under 18 years, The under 18 years segment of the population is
expected to grow, but at a lower rate than in recent years, The segment of the
population that is expected to grow at above average rates in San Diego County
(approximately double the rate of the total county population) includes those over 65
years of age. If similar growth rates are experienced by the over 65 segment of the
Chula Vista population, this segment's future recreation needs will need to be
considered (i.e, senior centers, etc,).
School enrollment trends in the City of Chula Vista, between 1990 and 1998
reinforce overall City population trends, with grades K through 9 growing as fast or
faster than the population as a whole, Grades K through 6 showed especially fast
growth, 1.5 times the rate for the City as a whole,
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Chapter 2
Chula Vista Parks & Recreation Master Plan
Sweetwater Union High School District officials report that increases in student
enrollment figures will continue, Likewise, the Chula Vista Elementary School
District anticipates continued increases in student enrollment.
D. Demands
1. Quantitative - Telephone Survey
Research Network, Ltd, conducted a random sample telephone survey of
residents to assess their recreation needs and preferences and the current
patterns of recreation activity, The survey was done in two phases, Phase one
covered west Chula Vista and phase two covered east Chula Vista. Both
surveys contained similar lines of questioning regarding specific participation
rates for a variety of recreational facilities.
Telephone surveys for west and east Chula Vista were conducted in 1995 and
1996 respectively, Survey results have been updated for 2000 to reflect
proportional increases in population experienced in Chula Vista subsequent to
the original telephone survey, Updates were accomplished by obtaining the
weighted average of the results of the east and west surveys. Weighted average
was determined by multiplying the respective east and west (1997) participation
rates for each recreation activity by the population for each area in east and west
Chula Vista and dividing it by the 1997 Citywide population, Once the Citywide
participation rates for 1997 were calculated, they were carried forward and
applied to current (2000) estimated Citywide population. Results of the
telephone survey have been tabulated and cross-tabulated to provide a basis for
determining current recreational patterns, recreational preferences and potential
future demand for specific recreational facilities,
The telephone survey results have been used to develop "Facility Demand
Ratios" (see Table 2-3) for each recreation facility. A detailed explanation of how
the Facility Demand Ratios were derived is contained in both the East and West
Chula Vista Recreation Needs Assessment prepared by Research Network, Ltd.
Research Network, Ltd, utilized assessment methods recognized and supported
by the National Parks And Recreation Association (NPRA), The ratio represents
the number of persons served by each facility. For example, the demand ratio
for tennis is one tennis court for every 3,200 persons. The total number of
recreation facilities required can be determined by applying the current and
forecasted population estimates to the ratios,
A key survey finding indicated that 75 percent of City households are park users,
Survey respondents were also asked to identify the one facility they most desired
to be added in Chula Vista. Twelve percent of the respondents indicated a desire
for outdoor court facilities (basketball, tennis, and volleyball) and seven percent
indicated a desire for additional organized outdoor ball sport facilities. Seven
percent of respondents polled desired swimming pools for recreation and
competition. Biking and jogging paths, picnic facilities and playgrounds and tot lot
facilities garnered six, seven, and eight percent of the responses respectively.
Respondent's results are illustrated in Figure 2-1. These responses play an
important role in the prioritization of future recreation facility development
because they can be used to determine facilities required of future development
to meet needs of increases in population resulting from new development.
November 12,2002
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Chapter 2
Chula Vista Parks & Recreation Master Plan
Figure 2-1
Percentage of Interest
Other
25%
Note: Category '"Other" includes: Dog Areas, Horseback Riding Facilities, Volleyball, Golf Course, Band
ShelVOutdoor Concert Stage, Outside Roller Hockey, Skateboard Park, Gun/Archery Range, Camp
Grounds, Theme Park, Night Club, Horse Shows, Lawn Bowling, Racquetball, and Walking Trails.
2. Qualitative
Qualitative information pertaining to resident's recreational practices and desires
has been collected from questionnaire responses obtained from sports group
participants, recreational program participants, community workshop participants
and members of the development community,
Information obtained from the 1999 sports organization survey was used to
adjust the participation rates to reflect the number of players in baseball, softball,
soccer, football and basketball. Other information obtained from the sports
organization survey, such as team sizes, tumovers and seasonality, was used in
calculating the number of facilities needed to meet existing population (2000).
Since current participation rates are a reliable basis for determining future needs,
information collected from the organized sports survey has also been used as a
basis (combined with future population proje,ctions resulting from future
development) for determining future needs,
The Chula Vista Organized Sports Survey results contained in the appendix
reveal that both public park and public school sites currently serve in meeting
only a portion of the current demand for organized game and practice game sport
fields, While adult organized sport groups rely predominately on public park sites
for meeting their recreational organized game needs, youth groups use both
November 12,2002
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Chapter 2
Chula Vista Parks & Recreation Master Plan
public park sites and public school sites to meet their organized game needs,
The practice of programming field sports in both public park and school sites
warrants consideration as an approach to meeting future recreation demands for
field sport activities.
In addition to organized sport group surveys, additional information was obtained
through interviews conducted with other interested parties such as Parks and
Recreation Commission, School Districts, Developers, and community
workshops, Key issues identified by these interest groups, pertinent to recreation
demand, are summarized in Table 2-1 (Recreational Facilities and Programs
Interest Group Questionnaire Summary) contained below. The information
confirms that the demanded types of recreation facilities and programs identified
through the quantitative analysis (telephone survey) are consistent with
information obtained through qualitative analysis (questionnaires and
workshops).
Tabl 2 1 R
e - . ecrea lona aCI itles rograms nterest roup Questionnaire Summary
Parks and
Recreation School Workshop Community
Facility / Program Desired Commission Districts Developer Participants Groups
Recreational Facilities
Aauatic Center X
AIcherv X
Ball Fields X X X
Basketball X
Communitv Gardens X
Field Hockev X
Gymnasiums X
Municioal Golf Course X X
Oraanized Soar! Fields X
Passive/Open Space X X
Plavorounds X
Roller Bladinc X X X
Roller Hockey X X
Skateboard X X X
SDOrls ComDlexl Reoional Facllitv X X
Swimmin Pools X X
Tennts X X
Track Facilities
Recreational Programs
Improve and expand before, after school
and davcare praarams X X X
Expand educational and enrichment
classes for children and teens X
Expand programs to meet needs of new
residential areas. Consider the program
needs Df all ace DrDUDS. X X
City ShDUld consider privatizing more Df its
recreation prDQrams. X
Establish equitable access to facilities by
soort oraanizations X
Provide for cultural festivals. fairs. etc. X X X
f
IF T' &P
G
As identified in the Methodology and Process Used to Determine Needs, section
of this chapter using the qualitative information obtained from the 1999 sports
organization survey has further refined the quantitative results of the telephone
survey, The qualitative information discussion is stated below,
November 12,2002
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Chapter 2
Chula Vista Parks & Recreation Master Plan
Table 2-2, Percent Demand Met By Activity - 2000, identifies the percentage of
current demand that is being met through public park inventory and quasi-public
sites, Understanding current patterns of meeting demand can be useful in
providing options for meeting future demand, Chapter 4, Parks Facility
Distribution, utilizes the results contained in Table 2-2 as a guide for determining
what percentages of future facility needs should be met within public parks and
what percentages of future facility needs can reasonably be expected to be met
within quasi-public sites,
The total number of recreation facilities currently demanded (as of year 2000
both east and west Chula Vista) has been determined by the Consultant
prepared Recreation Needs Assessment. The percentage of demand met
through public parks was determined by dividing the number of recreational
facilities currently available (as of year 2000 both east and west) at public park
sites by the total number of recreation facilities currently demanded (as of year
2000 both east and west Chula Vista) as determined by the Consultant prepared
Recreation Needs Assessment. Likewise, the percentage of demand met
through quasi-public sites was determined by dividing the number of recreation
facilities currently available at quasi-public sites by the total number of recreation
facilities currently needed as determined by the Consultant prepared
Recreational Needs Assessment. Percentiles for demand not met were
determined by dividing the sum of the number of recreation facilities met at public
park sites and the number of recreation facilities available at quasi-public sites by
the total number of recreation facilities currently needed as determined by the
Consultant prepared Recreational Needs Assessment.
As shown in the table, quasi-public sites are currently providing for approximately
70 percent of the demand associated with sport field practice and informal play.
Due to the inconsistent availability of school property the potential use of school
sites is at risk,
Both public park sites and public school sites meet tot lot demand equally, Tot lot
inventory, currently exceed demand at both public and quasi-public sites. A
majority of current recreational pool demand is met through existing City facilities
(Parkway Pool and Lama Verde Pool sites), Part of the demand is met through
Quasi-public inventory (YMCA),
Of the overall demand for tennis courts, over half of demand is met through
quasi-public sites, With public sites meeting a portion of the current need, While
the number of basketball courts needed is currently exceeded, quasi-public sites
provide five times the number of courts than public park sites,
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Chapter 2
Chula Vista Parks & Recreation Master Plan
Table 2-2. Percent Demand Met By Activity - 2000
Percentage
Percentage Of Demand Percentage
Facility Of Demand Met Through Of Demand
Met Through Quasi-Public Not Met
Public Parks Sites lal
Recreation Facilities Non-Buildina-
Softball Fields
Organized Adult 33 52 14
Organized Youth 83 15 -
Practice/Informal Play 27 73
Baseball Fields
Organized Adult 0 36 64
Organized Youth 26 50 24
Practice/Informal Play 20 70 10
Football Fields 0 90 10
Soccer Fields
Organized Games 30 42 28
Practice/Informal Play 19 68 13
Picnic Tables 115 - -
Tot Lots/Playarounds 65 61 0
Tennis Courts 27 55 18
Basketball Courts 13 95 0
Skate Boardina 0 0 100
Roller Bladina 0 0 100
Recreation Facilities - Buildinas/Poals .
Interior Assembly 31 33 37
SDace
Swimming Pools
Recreational 56 14 30
(al Tenn Defined on Paae 1-9,
Since skate boarding and roller blading facilities are nonexistent within the City,
the demand for these types of facilities is currently unmet.
The "Demand and Needs Assessment Report," prepared by Research Network
Ltd" generically characterized interior assembly space as "classrooms," To
avoid confusion, this document re-titles "classrooms" as "interior assembly
space." Interior assembly space demand is considered to include a range of
building facilities that are capable of accommodating "students" or program
participants in recreational programs and/or classes. Interior assembly space can
be found in community centers, gymnasiums, weight rooms, recreation
complexes, senior annex centers, teen annex centers, as well as traditional
school classrooms. About one-third of the current demand is met through public
park sites and one-third through the use of quasi-public sites,
The City of Chula Vista has an inventory of approximately 387 acres (Table 1-1)
of existing public parks and recreation resources in a wide variety of conditions,
The following statements summarize issues concerning the condition of the
November 12,2002
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Chapter 2
Chula Vista Parks & Recreation Master Plan
existing inventory of parks and recreation facilities and have been given
consideration in the development of Goals and Policies contained in Chapter 3,
· A number of the existing Community Parks do not comply with the current
definition, as they are deficient in acreage,
· It has become a predominant theme to include programmed space in
neighborhood parks thereby drawing users from a wider area than the homes
within the immediate walking distance of the park. This is contrary to the
General Plan intent for a Neighborhood Park and can lead to traffic and
parking congestion, This trend will continue until park acreage is increased
significantly,
· Many of the older parks now require upgrades to meet the increased Year
2000 demands placed upon them by the City's expanding residential
population since 1986, The City of Chula Vista's Capital Improvement
Program contains improvement projects to existing parks of this type.
· Many existing parks were dedicated with large areas of slopes within their
boundaries, This leaves less of the overall park acreage as accessible usable
area, One example is Terra Nova Neighborhood Park, where 15.4 acres of
land is dedicated as park but only 8,57 acres are sufficiently flat to allow
accessible park use, the remaining acres are steep slopes. A similar situation
exists at Discovery Park where the total park area is 20.37 acres of which
6.46 acres are sloped leaving only 13,91 acres for accessible park use,
· In addition to slopes imposing constraints on existing parks a number of parks
are constrained in their use by overhead power lines, Between 15 and 20
acres of existing parkland is located under SDG&E power lines, for example
Sunridge Park, Discovery Park, and SDG&E Park,
· All existing public Community Centers and Recreation Complexes are located
in Central Chula Vista and the Montgomery area, The anticipated
construction of the facility at Heritage Park in Otay Ranch areas will be the
first facility to be completed in the Eastern portion of the City,
· Six of the City's seven lighted ball fields are located east of 1-805 (two in
Chula Vista Community Park, three in Discovery Park, and one in Rohr Park),
the seventh is located to the west of 1-805 (Eucalyptus Park).
E. Outcome of Facility Demand and Needs Analysis
As a result of the analysis of the quantitative and qualitative needs assessment, the
following outcomes are projected:
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Chapter 2
Chula Vista Parks & Recreation Master Plan
1, Need for Facilities
Quantitative and qualitative information has been synthesized and the number of
facilities needed to meet current needs (2000) is presented in Table 2-3.
a, Meeting Current Demand
Table 2-3 identifies the demand ratio for each recreational activity, the type
and total number of facilities required, the minimum amount of acreage
required to accommodate needed facilities, and the number of facilities (over
and above the existing supply of available facilities) needed to meet current
demand (2000),
Table 2-3. Recreation Facilitv Needs (2000\*
2000 2000
2000 2000 Facility Minimum
Facility 2000 Minimum Need Acreage
Needs Facility Minimum Acreage (Less Need (c)
(Less Public Needs Area Need (c) Public Park (Mutually
Facility Park Supply) (Shared Reqùlred (Shared and Quasi Exclusive
Demand (Mutually Practice P~~ Fac~:ty Practice Public with Shared
ActIvltv Ratio Excluslveilal Fleldsllbl Acres Fleldsl SUDDlv Pracllcel
Non-Bulldl""
Softball:
Organized Adult 117,900 15 15 2,00 30.0 4 8.0
Organized Youth 1112,700 2 2 2.00 4.0 0 0
Practicellnfonnal 1/2,850 44 27 2.00 54.0 0 0
Baseball:
Organized Adult 1/12,200 14 14 1,70 23.8 9 15.3
Organized Youth 1/4,400 30 30 1.20 36.0 11 13.2
Practicellnfonnal 1/3,300 42 0 1.70 0 0 0
Organized Youth
Football 1121,400 8 8 1.5 12 1 1.5
Soccer
Organized Games 115,400 22 22 2,10 , 46.2 9 18.9
Practicellnfonnal 112450 56 34 2,10 71.4 0 0
Picnickina 11600 0 0 .02 0 0 0
Tot Lots/Plavnrounds 112,650 18 18 ,15 2.7 0 0
Tennis 113,200 36 36 ,20 7,2 7 1.8
Baskelball 112,150 66 66 ,20 13.2 0 0
Skate Boardino 1156,950 3 3 .20 .60 3 .60
Roller Bladinn 1159,100 3 3 .35 1.05 3 1.05
Bulldlnas & Pools
Indoor Assembly
Snace 113,900 12 12 .07 .84 6 .42
Swimming (Public
Pools Recreation 1145,800 2 2 1.0 2.0 2 2
Tolal (Wilhout Mullialier 304.99 62.37
Tolal ¡With Mul¡¡;;liei'l 464.59 99,61
"Needs Assessment available on request.
(a) "Mutually exclusive" needs assume that no sharing of facilities occurs,
(b) Shared Practice Fields refers to game fields being utilized as praclice fields (when
games are not being played).
(c) Minimum acreage need refers to the amount of land required to accommodate Ihe dimensional
requirements of the facility. Additional land area may be necessary 10 accommodale required support
facilities such as walkways, buffer zones, parking, and restrooms, Additional land area may require
November 12,2002
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Chapter 2
Chula Vista Parks & Recreation Master Plan
approximately one and one-half times more Ihan Ihe minimum acreage stated, however, pools and
interior assembly space require four times more than Ihe minimum stated. Each indoor assembly
space increment equals 3,140 square feet and includes buildings such as community centers,
annexes, gymnasiums, and weight rooms, etc.
For softball, baseball, and soccer fields, the number of facilities identified in
Column 4 assumes that separate fields would be required for organized game
play and practice game play, Column 5 represents a "shared practice field"
scenario, which means that a "game" field counts as a game field and a
practice/informal field, This "sharing" eliminates double counting of fields that
meet more than one need, The sharing of game fields and practice/informal
fields is a current practice. Although game fields can be used as practice
fields, all praètice fields do not necessarily count as game fields, Therefore,
practice fields do not count toward game field inventory. The sharing of fields,
has the net effect of reducing the overall acreage needs to accommodate
facilities, Minimum area required for each facility is contained in Column 6.
Column 7 identifies the minimum acreage totals for each type of facility.
Column 9 identifies the number of facilities currently demanded less existing
supply of quasi-public recreation facilities. An example of a quasi-public
facility would be a school. The counting of "quasi-public" recreation facilities
is a current practice, It increases the inventory of facilities that can be
counted toward meeting current needs and therefore reduces the overall net
needs, Column 10 identifies the minimum acreage totals for each type of
facility after quasi-public inventory has been subtracted.
The last row of Table 2-3 identifies the total amount of acreage necessary to
accommodate existing needs (2000), These needs are not the obligation of
future development. Although the actual amount of acreage required could
vary depending on where an individual facility is located, based on space and
facility standards considered reasonably related to the specific facility, one
and one half times the minimum acreage is considered necessary to
accommodate the specific facility, The additional half acre per minimum is
needed to accommodate additional land area to provide for supporting
features such as walkways to the facility, buffer zones around the facility
(space between adjacent facilities), parking lot, and other related features,
For example, a recreation facility with a minimum area requirement of two
acres will generally necessitate an additional one-acre, or a total of three
acres of land, Therefore, the actual amount of acreage required is one and
one-half times the minimum acreage identified.
Methodology
The following paragraph describes how the values in the columns of Table 2-
3 have been calculated.
Using, for example, organized adult softball, the facility demand ratio is one
facility for every 7,900 persons, With a current (2000) population of 174,319,
November 12, 2002
2-10
Chapter 2
Chula Vista Parks & Recreation Master Plan
there is a need for 22 organized adult softball fields (174,319 divided by 7,900
equals 22,06), Twenty-two fields minus seven (number of existing facilities in
parks capable of serving the organized adult softball need) equals 15 fields.
Multiplying 15 fields by amount of land area required to accommodate one
field (2,O acres) results in a need for 30,0 acres of land area needed (15 fields
at 2,0 acres each equals 30.0 acres), The number of fields and associated
land area needed to accommodate fields can be further reduced when
existing quasi-public organized softball field inventory is considered, Eleven
existing quasi-public organized softball fields currently exist. The 11 fields
occupy 22 acres of land (11 fields multiplied by 2.0 acres equals 22.0 acres).
By subtracting 11 fields from 15 fields, the remaining need is four organized
adult softball fields that require eight acres of land area,
As previously stated, since game fields can be used as practice fields
(referred to as "Shared Practice Fields"), the actual total number of practice
fields needed will be less once the number of organized game fields available
is subtracted from the total number of practice fields needed, For example,
the number of practice softball fields needed to accommodate a population of
174,319 is 61 fields (174,319 divided by 2,850 equals 61 fields), With an
existing inventory of 17 fields capable of functioning as practice/informal
game fields there is a need for 44 fields (61 fields minus 17 fields equals 44
fields), By assuming that the 17 additional organized game fields (15
organized adult and two organized youth fields equals 17 fields) needed to
meet year 2000 softball field demand can also serve as practice fields, then
the 44 fields needed for practice/informal softball games can be further
reduced by 17 leaving a total of 27 practice fields being needed (44 fields
minus 17 equals 27 fields).
The number of practice and informal play (non-league) fields currently
available at quasi-public sites is 43 fields, So, 27 practice/informal softball
fields minus 43 quasi-public practice/informal softball fields equals "-17" fields
(an overage of 17 fields), Therefore column nine indicates a need for zero
practice fields and column ten identifies a need of zero acres of land area,
As revealed in Table 2-3, the demand for active recreational facilities currently
exceed available supply. Current shortages are due to the combined result of
population increases resulting from the Montgomery annexation, new
development both east and west of 1-805, and current socio-economic factors
which have increased the City's population base, regulatory limitations on the
ability of the City to exact parkland and improvements, and changing trends in
demand for park and recreation facilities types and quantities, Approximately
100 acres of land is needed to accommodate current facility demands if
recreation facilities located in schools are to be considered as part of the
inventory available to meet demand. If available inventory excludes school
recreation facilities, up to 465 additional acres of parkland would be required
to meet existing recreational needs. Meeting the demand for land could
November 12, 2002
2-11
Chapter 2
Chula Vista Parks & Recreation Master Plan
include the acquisition of additional parkland, renovation of existing park sites,
and the use of quasi-public lands,
F. Future Demand (2000 to 2020)
Information from the needs analysis was also used to determine future needs (2000
through 2020) based on population increases due to the addition of residential units
in both east and west Chula Vista,
Table 2-4 identifies the type and number of recreational facilities (both non-building,
building, and pools) required to meet the future demand (2000 to 2020). Similar to
Table 2-3, Table 2-4 identifies the total number of facilities required to meet future
demand, The "mutually exclusive need" is contained in Column three, The "shared
practice field" need is contained in Column 4.
Future quasi-public recreation facility inventory (school sites) have not been included
in Table 2-4. Inclusion of future school recreation facilities could be considered as an
approach to reducing the future demand for public parkland, By evaluating existing
patterns of use, such as those identified in Table 2-2, Percent Demand Met By
Existing Facilities (2000), it is logical and reasonable to assume that future school
sites will meet some of the future recreation facility demand.
Future increases in City population due to the addition of residential units in both
east and west Chula Vista will result in the demand for additional facilities through
2020. Based on growth forecast estimates, approximately 333,8 acres of land will be
needed to accommodate future demand for recreation facilities, Table 2-5 identifies
the demand created by future development in east and west Chula Vista by each
Major Project Area, Based on the inventory of future parks identified in Tables 4-3
and 4-4, new development, both east and west Chula Vista, will provide 316,1 acres
of park land between 2000 and 2020, Therefore a shortage of 17,7 acres of
parkland is anticipated, While a majority of the future demand for facilities can be
met within planned public park sites, there will continue to be a need to rely on
quasi-public facilities to augment recreation facility inventory since the maximum
amount of parkland obligation of future development permitted under the Quimby Act
is less than what is needed to accommodate the projected recreation facility needs,
G. Common Useable Open Spaces
In planned communities, developers have provided "common useable open space"
usually maintained by HOAs and may contain the following: tot lots, pools, picnic
shelters, etc; these recreation facilities aid in reducing the demand for recreation
facilities, Developers do not receive park land credit for these small "common
useable open spaces" but, the City acknowledges that these areas do enhance the
quality of life for the residents of these communities, Listed below are the "common
useable open spaces" by developers:
November 12, 2002
2-12
Chapter 2
Chula Vista Parks & Recreation Master Plan
Name Size
Ashbrook Park 1 Acres
Augusta Park 3,2 Acres
Beach Club 21,5 Acres
Country Club Park 4.5 Acres
Creekside Park 5 Acres
Dolphin Beach 3 Acres
Scobee Park 7 Acres
Shorebird Park 1 Acres
Swim & Tennis Club 3 Acres
Woods (pending) 2.7 Acres
Unnamed .3 Acres
Rolling Hills Ranch
Falcon Valley Swim Club
River Rock Swim Club
1. Eastlake
2. San Miguel Ranch
3, McMillin
Montecito Swim Club (proposed)
Old Trail Swim Club (proposed)
Compass Point Swim Club (proposed)
Coastal Hills Swim Club (proposed)
Neighborhood 2 Tot Lot
Neighborhood 1 Tot Lot (proposed)
Neighborhood 7 Tot Lot
4, Otay Ranch
Orchard Park
Oakcrest Park
Wisteria Park
Heritage Swim Club
Countryside Park
Countryside Swim Club
Heritage Hills Swim Club
.8 Acres
2.2 Acres
,9 Acres
,8 Acres
1,3 Acres
1,1 Acres
,7 Acres
November 12, 2002
2-13
Chapter 2
Chula Vista Parks & Recreation Master Plan
Minimum
Facilities Minimum Acreage
Required Area Need (c)
Facility Facilities (Shared Required (With
Demand Required Practice Per Facility Shared
Aclivitv Ralio ¡a) Fields) (b) (Acres) (ci Practice)
Non-Bulldina
Softball;
Organized Adult 1/7,900 12 12 2.00 24.0
Organized Youth 1112,700 7 7 2,00 14.0
Practicellnformal 112,850 32 13 2.00 26,0
Baseball;
Or9anized Adull 1112,200 8 8 1.70 13.6
Organized Youth 1/4,400 21 21 1.20 25.2
Practice/Informal 1/3,300 28 0 1.70 0.0
Oraanized Youth Football 1121,400 4 4 1.5 6
Soccer
Organized Games 115,400 17 17 2.10 35,7
Practice/Informal 112,450 38 21 2.10 44.1
Picnickina 11600 154 154 ,02 3,1
Tol LotslPlavarounds 112,650 35 35 .15 5,3
Tennis 113,200 29 29 .20 5.8
Basketball 112,150 43 43 ,20 8,6
Skate Boardina 1156,950 2 2 .20 0.4
Roller Bladina 1159,100 2 2 ,35 0.7
Bulldinas & Pools
Indoor Assemblv SDace Cd) 113,900 22 22 .07 1.75
Swimming (Public Pools)
Recreation 1/45,800 2 2 1.0 2,0
Total (Without MultiDlien 216,25
Total (With MultiDlier) 333.8
Table 2-4. Recreation Facility Needs (2000-2020)
East and West Chula Vista
(a) Source; Table 2-5
(b) Shared Practice Fields refers to game fields being utilized as practice fields (when games are not being played).
(c) Minimum acreage need refers to the amount of land required to accommodate the dimensional requirements of the
facility. Additional land area may be necessary to accommodate required support facilities such as walkways, buffer
zones, parking, and restrooms. Additional land area may require approximately one and one-half times more than
the minimum acreage stated, however, porns and interior assembly space require four times more than the minimum
stated.
(d) Each indoor assembly space increment equals 3,140 square feet and includes buildings such as community centers,
annexes, gymnasiums, and weight rooms, etc.
November 12, 2002
2-14
Chapter 2
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Z
Chula Vista Parks & Recreation Master Plan
CHAPTER 3 - STRATEGIES FOR DEVELOPING STANDARDS
INTRODUCTION
This chapter articulates the City's parks and recreation's aspirations through the
identification of Goals and Policies which represents a synthesis of the preceding
chapter's discussion pertaining to the history of the City, its current parks and
recreation resources, and the demand and opinion of needs analysis.
The Goals and Policies serve as the blueprint for creating a quality park system.
The Goals are:
· Create a comprehensive parks and recreation system, that utilizes pUblic and
quasi-public resources, that strives to meet the needs of the general public of
Chula Vista by effectively distributing park types and their associated
recreation facilities and programs.
· Establish allocation ot' existing and future public parkland resources that
balance quality with the provision of needs.
· Provide a program for implementation,
Under each of the three goals is a set of specific policies. These policies are the
operating principles by which the goals will be met. Rationales are provided
where appropriate and are intended to be objective. Action plans are established
where necessary,
GOAL #1 - Fulfilling the Comprehensive Park System Need
Create a comprehensive parks and recreation system, that utilizes public and
quasi-public resources, that strives to meet the needs of the general public of
Chula Vista by effectively distributing park types and their associated recreation
facilities and programs.
Policv 1.1 The City will actively pursue opportunities, such as state and
federal bonds/grants, in order to acquire land for the development of new parks
in previously developed portions of the City, that were not subject to the
requirements of new subdivision development.
Rationale: The objective of three acres of public parkland per 1,000
population is most challenging west of 1-805. New development provides
an effective mechanism for achieving the ratio east of 1-805.
November 12, 2002
3-1
Chapter 3
Chula Vista Parks & Recreation Master Plan
Action Item: City staff will analyze the opportunities to develop vacant
land sites already in City ownership and use its best efforts to develop
strategies to fund and implement park development of these sites,
Sites to be evaluated include those listed in Policy Table 2.15
Action Item: City staff will analyze opportunities to obtain funding and
acquire land suitable for park development in the western part of the
City that are not currently in City ownership,
Policy 1.2. The City will continue to require that new subdivision developers
comply with the Parklands and Public Facilities Ordinances, established pursuant
to the Quimby Act, requiring a level of service standard of a minimum ratio of
three acres of public parkland per 1,000 population so that new development will
meet the demands created by these projects,
Rationale: The City presently enjoys a parkland ratio of over three acres
per 1,000 population east of 1-805, The master planned development
projects in eastern Chula Vista will be required to dedicate a minimum of
three acres per 1,000 population concurrent with residential development.
Therefore, it can be assumed that the City will .meet the parkland needs
goal of three acres per 1,000 population of public parkland east of 1-805,
The parkland ratio west of 1-805 is well below three acres per 1,000
population, In 1986 the community of Montgomery was annexed into the
City of Chula Vista, The Montgomery area was substantially below 3
acres/1,OOO population of parkland, when combined with the fact that
central Chula Vista was developed at a lower ratio of parkland to
population. As a result of limited residential development opportunities and
the lack of resultant parkland dedication and/or in lieu fees revenues, the
ability for the City to increase parkland west of 1-805 will remain a
challenge. The City will continue to apply for State/Federal Grant
opportunities (Policy 1.1),
Action Item: Staff will review and update, if required, the City's
Parklands and Public Facilities Ordinances, Chapter 17.10 of the
Municipal Code, every year to insure compliance with the three acres
per 1,000 population requirement pursuant to the Quimby Act, and
insure that the parkland acquisition fees and parkland development
fees (PAD) are adequate to meet the demands created by new
development.
Action Item: Staff will review and update, if required, the City's Public
Facilities DIF, Recreation Component, Chapter 3.50 of the Municipal
Code, every year to insure that Public Facility Fees are adequate to
meet the demand created by new development for major recreation
facilities,
November 12, 2002
3-2
Chapter 3
Chula Vista Parks & Recreation Master Plan
Action Item: Staff will review, and update if required, the Parks &
Recreation Master Plan document every five years to insure programs
and services are being developed that meet the community's needs as
new resources become available,
Policy 1.3. The City will only allow the developer to receive credit towards their
public parkland obligation when the parkland meets all criteria established in the
Parks and Recreation Master Plan for Community and Neighborhood parks, (See
Policy Nos, 1.13 and 1.17 describing Community Parks and Neighborhood
parks.) Parks identified in approved Tentative Maps prior to adoption of this
Parks and Recreation Master Plan (August 13, 2002) will be grandfathered.
Rationale: The City's General Plan description for several types of parks
is an overall concept when used to apply standards for parkland credit.
More precise criteria would benefit the ability to apply standards
consistently and equitably, Experience has shown that the size,
unrestricted access, the ability to control the recreational use, and low
maintenance expense are all critical components to the definition of
successful parkland that actually meets the demands of its residents,
Therefore, these components have become the criteria for which parkland
qualifies for developer's credit.
Policy 1.4. The City will pursue the recreational opportunities associated with
public agency owned lands and utility rights-of-way.
Action Item: Create a task force with public agencies, utility
companies, and City staff that identifies, develops, and establishes
potential joint recreational opportunities agreement criteria.
Recommendations would be provided to the Parks and Recreation
Commission outlining the task force collaboration, for their approval.
Policy 1.5. The City will encourage the development of quasi-public
recreational facilities.
Action Item: Establish a Standard Operating Procedure that requires
Planning and Building, Community Development, and Parks &
Recreation to develop and encourage for-profit and non-profit
organizations to create and implement recreational opportunities,
Policy 1.6. The City will actively seek land opportunities (other than park sites)
to accommodate the recreational needs of Organized Youth Leagues,
Rationale: Organized Youth Leagues represent a significant portion of
recreation facility users, The league activities require significant land
acreage to meet each sport facility's requirements, Historically, vacant
November 12, 2002
3-3
Chapter 3
Chula Vista Parks & Recreation Master Plan
commercial or industrial areas were utilized for Little League and soccer
play, only to be lost when the area was ultimately developed. It is hoped
that new land opportunities will be identified providing a permanent
solution for this recreational need.
Action Item: Establish a staff task force to identify potential land
opportunities, existing funding sources, and provide an analysis for
consideration by the Parks and Recreation Commission,
Policy 1.7. The City will use the recreational needs assessments as compiled
through comprehensive surveys to identify the recreational needs of the citizens
of Chula Vista,
Rationale: The Recreation Facility Needs tables contained in Chapter
Two have been developed utilizing a scientifically reliable random survey
methodology. The results of the survey have been crossed checked with
qualitative information derived from responses to questionnaires from
members of the public, staff, and development community and as such is
considered to represent the needs of the community,
Policy 1.8. The City will strive to maintain and hire a quality staff that is
professional and cognizant of the latest recreational trends,
Action Item: Establish a measuring and monitoring system that
evaluates customer satisfaction and interest levels for developing and
maintaining recreational programs that support the needs of the public,
Action Item: Maintain a staffing strategy that insures staffing levels
are commensurate with recreation program demands and adequate
supervision of facilities,
Policy 1.9. The City will strive to maintain public recreation facilities and
grounds to the highest degree possible,
Action Item: Utilize park maintenance practices and procedures that
maximize the life of the facility.
Action Item: Develop a list of construction materials, methods, and
standards, suitable for use in the design of public parks that are
durable, economical to install and maintain, ecologically responsible,
and does not limit design quality or integrity.
Action Item: Maintain a staffing strategy that insures staffing levels
are commensurate with parkland maintenance needs.
November 12,2002
3-4
Chapter 3
Chula Vista Parks & Recreation Master Plan
Action Item: All community and neighborhood public parks, seven
acres or more, shall be designed to include an on-site maintenance
building capable of accommodating park maintenance equipment,
supplies, and other support materials for use by maintenance
personnel.
Action Item: Establish a measurement criteria that ascertains
whether the parks and recreation facility users are paying their fair
share to offset the cost of maintaining the facilities.
Policy 1.10. The City will strive to provide Community Parks, Neighborhood
Parks, and Recreation Facilities that complement one another and are evenly
distributed throughout the City, which forms a Citywide system of parks,
Action Item: Use the list of facilities listed in Policies 2.8 and 2,9 as
the program for individual park designs to provide a complementary
distribution of facilities in the City's future community and
neighborhood parks.
Policy 1.11. The City will require new Community Parks and Neighborhood
Parks in the developing master plan communities to be distributed and sized in
accordance with the following table in order to maintain a balanced system for
both community parks and satellite neighborhood parks.
Table 3·1 (Policy 1.11).
Community & Neiahborhood Park Acreaae
Park f1Iame Park Acres
Community Parks
Bavfront 20.0
Rollina Hills Ranch 29.0
EastLake Salt Creek 23.0
Landfill Site 35,0
Otay Ranch 70,0
San Miauel Ranch 19.0
Subtotal: 196,0
Neiahborhood Parks
Breezewood 0.9
Sunset View 11.8
EastLake Vistas 10.0
Harvest 6,8
Santa Cora 5,7
Sunbow 10.0
Villaae 1 West 5,3
Villaae 2a 7,0
Villaae 2b 7.0
Villaae 4 5,6
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Park Name Park Acres
Village 6 7.0
Village 8 8,0
Village 11 (1 acre townsQuare) 7,0
VillaQe 13a 9.0
Village 13b 9,0
EUC 10,0
Subtotal: 120,1
Total: 316.1
Rationale: Future community and neighborhood park sites analyzed
include those sites that are not identified on an approved tentative map,
Policy Table 2.3 has been developed utilizing existing General
Development Plan and Specific Plan Area (SPA) documents that address
proposed park types and general locations and sizes, and by applying
Policies 2,1, 2.2, and 2,7. Furthermore, when feasible, based on total
parkland obligation and not to the detriment of Policies 2.1, 2.2, and 2.7, a
larger than the minimum size standard for community park sites has been
employed as an approach to maximizing recreation facility yield,
Policv 1.12. Community Parks are redefined as:
A community park has a minimum net-useable area of 30-acres or more,
which is designed to serve more than one neighborhood. The minimum
acreage for future community parks, that already have an approved
GDP/SPA or are in the Western part of the City, may be waived if the City
determines that existing land use constraints prevent development of a 30-
acre park. Typical facilities contained in a community park include lighted ball
fields and courts, recreation complexes, and parking areas as needed for
programmed uses, The field areas provided shall be of a flexible design so
they can be scheduled primarily for competition games and practice games
but also for non-programmed use, In addition, community parks include
facilities that are also found in neighborhood parks, such as picnic facilities,
informal fields, and children's play areas,
Rationale: The community park provides the opportunity for the City to
meet the recreation needs of both youth and adult activities as well as
passive activities,
The Otay Ranch General Development Plan (GDP) identifies goals,
objectives and policies for parks, recreation, and open space, One of the
objectives states "Provide neighborhood and community park and
recreational facilities to serve the recreational needs of local residents,"
The recreational needs of the future population of Otay Ranch has been
determined and are included in the list of facilities identified in Table 2-4
Recreation Facility Needs (2000 to 2020). With a finite number of park
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acres in Otay Ranch, it is necessary to accommodate as many
recreational facilities (defined in Table 2-4) in an efficient manner. The
Otay Ranch GDP requires a minimum community park site size of 25
acres. Scaled drawings of two theoretical community park sites (one of 25
acres, another with 3D acres), with recreational facilities drawn in, were
prepared to determine how many and of what type of facilities can be
accommodated within these sites. The scaled drawings are referred to as
"holding capacity studies." Similar exercises were also conducted with a
theoretical neighborhood park with an average size of five and seven
acres, It was determined, through the holding capacity study, that more
facilities could be accommodated on one 3D-acre site than on two
separate sites (one at 25 acres and one at five acres), Therefore it was
determined that the 3D-acre site is the more efficient alternative,
Action Item: Bring to Council a recommendation to amend the
General Plan and/or General Development Plan to include the
definition, as stated above, for all future community parks superseding
the definition of a community park in the General Plan (revised
September 1995),
Policy 1.13. Defines the criteria the City will use for selecting and accepting net
useable land for future community parks.
· Community park sites shall provide rough graded useable area, to a
maximum gradient of two percent, and configured to accommodate the
facility requirements of the specific park site as approved by the
Director of Building and Park Construction,
· Average slope of the site will not exceed five percent.
· Slopes greater than 4:1 (25%) are ineligible for park credit.
· Soils, soil stability, drainage, and location of land in the subdivision will
be suitable for the development of a park site,
· Community Park sites are to include a pad area for a community
center/gymnasium, pool, or related recreational facility.
· Community Park sites are to be located directly adjacent to a major
collector street with access to public transportation.
· Community Park sites are to have a direct connection to the Citywide
trail, open space, and greenbelt network,
· Areas with easements, encumbrances, deed restrictions, or other
restrictions to park facility development, as determined by City
Attorney, are ineligible for park credit.
· Trails, greenbelts, adjoining school land, streets, storm drain or utility
easements, non-park site related monument signage or other non-park
related improvements, required of the development project within the
confines of the park, are excluded from receiving park credit.
· Lakes, ponds, or streams are not to be a component of acceptable
parkland unless a maintenance provision, acceptable to the City, is
provided, at no cost to the City, in perpetuity,
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Rationale:
· The criteria listed above clarify the land attributes that are
considered eligible and ineligible for park credit by the City.
· The objective of this clarification is to maximize the useable
acreage of park space efficiently so that the recreation needs of the
City are met.
Action Item: Bring to Council a recommendation to amend the
General Plan and/or General Development Plan with definitions and
establish an ordinance for inclusion in the City of Chula Vista Municipal
Code, Section 17.10, Parklands and Public Facilities, to include the
above criteria with the proviso that site selection is subject to the
approval of the Director of Building and Park Construction (or
designee),
Policv 1.14. The City will require the following primary facilities and support
facilities to be located in future Community Parks,
Primary Facilities:
Athletic field(s) w/lighting
Hard Court(s) w/lighting
Picnic Shelters
Picnic Tables
Play Area with play equipment
In-season League Storage Area(s)
Restrooms
Maintenance Building
Community Center Building and at least two recreation components
from the following:
Gymnasium, Gymatorium, Community Pool, Senior Annex, or Teen
Annex,
Support Facilities:
Open Lawn Areas
Paved Walkways w/lighting
Parking Areas w/lighting
Policv 1.15. Community Parks shall be sited adjacent to Middle Schools where
feasible,
Policv 1.16. Neighborhood Park is redefined as:
A seven-acre (minimum net-useable area) to a twelve-acre (maximum net-
useable area) sized park that primarily provides for the daily recreation needs
of residents within walking distance (approximately 1/2 to 3/4 mile) of the
park, Typical facilities contained in a neighborhood park include children's
play area, picnic facilities, restroom facilities, informal field areas, hard courts,
and parking spaces, The field areas provided shall be of a flexible design so
they can be scheduled for informal use, but also for practice games and
competition games, Where possible a neighborhood park site should adjoin a
school district site to enable the development of joint use policies,
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Rationale:
· Park acreage, minimum and maximum, generally corresponds to the
GDP established park sizes for Otay Ranch. One exception is the
proposed neighborhood park in Village 4 that will be under size
because the park obligation for Village 4 generates less than seven
acres,
· Staff recognizes that neighborhood parks currently attract users who
travel to the park by car, Staff recommends that the parking provision
for all neighborhood parks be appropriate for the activities of the park.
· The field design will allow for some programmed activities, but will lend
itself, more appropriately, to the more relaxed informal nature of
neighborhood parks.
Action Item: Bring to Council a recommendation to amend the General
Plan and/or General Development Plan to include the definition, as stated
above, for all future neighborhood parks, superseding the definition of a
neighborhood park in the General Plan (revised September 1995).
Policv 1.17. Redefine the following criteria for selecting and accepting land for
future neighborhood parks,
· Neighborhood park sites shall provide rough-graded useable area to a
maximum gradient of two percent, and configured to accommodate the
facility requirements of the specific park site as approved by the
Director of Building and Park Construction.
· Average slope of the site shall not exceed five percent.
· Slope areas, within park boundaries, greater than 4:1 (25%) are
ineligible for park credit.
· Soils, soil stability, drainage, and location of land in the subdivision
shall be suitable for the development of a park site.
· Neighborhood Park sites are to be connected to the pedestrian
circulation routes and open spaces within their community and
adjacent communities, to ensure accessibility to the residents of the
neighborhoods they serve.
· Areas with easements, encumbrances, deed restrictions, or other
restrictions to park facility development are ineligible for park credit.
· Trails, greenbelts, adjoining school land, streets, storm drain or utility
easements, non-park site related monument sign age or other non-park
related improvements, required of the development project within the
confines of the park, are excluded from receiving park credit.
· Lakes, ponds, or streams are not to be a component of acceptable
parkland unless a maintenance provision has been provided, at no
cost to the City, in perpetuity,
· Site location will allow for lighting of sports facilities with no adverse
affect on surrounding neighborhoods,
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Rationale:
· The criteria listed above clarify in more detail the land attributes that
are considered eligible and ineligible for park credit by the City.
They expand on the existing criteria for acceptance of parkland
already included in the Parklands and Public Facilities Ordinances,
Section 17.10, City of Chula Vista Municipal Code.
· The objective of this clarification is to maximize the useable
acreage for park facilities and to use the City's allocation of park
space efficiently so that the recreation needs of the population are
met.
Action Item: Bring to Council a recommendation to amend the
General Plan and/or General Development Plan with definitions and
establish an ordinance for inclusion in the City of Chula Vista Municipal
Code, Section 17,10, Parklands and Public Facilities, to include the
above criteria with the proviso that site selection is subject to the
approval of the Director of Building and Park Construction (or
designee),
Policy 1.18. The City will require the following Primary facilities and
Support facilities to be located in future Neighborhood Parks,
Primary Facilities:
Athletic field(s)
Hard Court(s)
Picnic Shelters
Picnic Tables
Play Area w/play equipment
Restrooms
Support Facilities:
Open Lawn Areas
PavedWalkways w/lighting
Maintenance Building
Policy 1.19. Neighborhood Parks will be sited adjacent to elementary and
middle schools where feasible.
Policy 1.20. The City will require in both community and neighborhood parks, as
determined by the individual park design process, the incorporation of as many of
the following facilities as realistically possible:
Facilities:
Amphitheater/Performance Space
Archery
Bacci Ball
BMX Biking
Disc Golf
Lawn Bowling
Rock Climbing (Indoor Climbing Wall)
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Speed Soccer
Variable Terrain Hardscape Surface for Skating Purposes
Velodrome
Parking Areas for Neighborhood Parks
Multi-use Pathways
Dog Parks
Policy 1.21. The City will promote and facilitate the integration of public art in
Chula Vista parks.
Action Item: Identify locations for public art within public park sites during
the preparation of individual park master plan sites.
GOAL #2 - Priorities for Allocation of Resources
Establish priorities for allocation of existing and future public parkland resources
that balance quality with the provision of needs.
Policy 2.1. The City will give priority to processing the development of new
community park sites, that contain community-wide serving recreational facilities,
such as organized sport fields and/or recreation centers, prior to processing of
planned public neighborhood parks located within a one-mile radius of said
community park.
Policy 2.2. Proposed turnkey public parks with major development projects will
include a plan and/or proposal for the park site during the earliest residential
development phase practical.
Action Item: All development proposals will include a parks site master
plan outlining the phased development of the residential area as
compared to the proposed phasing plan for neighborhood and community
park development.
Action Item: Consider the anticipated phasing sequence of
developments surrounding public park sites to insure that supporting
infrastructure (roadways, utilities, etc), are made available to the public
park site, concurrent with park development, which shall occur early in the
development sequence,
Policy 2.3. Where possible the City will provide for the maximum number of
demanded recreational activities, within available public parkland, without
diminishing the quality of the overall park experience,
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Action Item: Maintain an inventory of existing, planned, and needed park
acreage and recreational facilities for the purpose of meeting Citywide
parks and recreational facility inventory goals.
Action Item: Analyze constrained parkland for innovative and new
programming strategies,
Policy 2.4. The City will utilize the "Public Park Recreation Facility Assignment
Table," (Table V.3) as the goal for the distribution of recreational facilities in
public parks,
Policy 2.5. Where, at a given point in time, complete community park site
improvement funding is unavailable, consider phasing the construction of
individual recreation facilities, buildings, and pools, as an option to constructing
the complete park site improvements at one time,
Policy 2.6. Park designs will maximize the potential for facility use for its
intended purpose by avoiding field overlays,
Policy 2.7. Public parks containing recreation centers and/or community
buildings shall be designed to include office space for on-site recreation staff
members,
Policy 2.8. Provide fair and equitable access to sport fields and other sports
facilities,
Rationale: The City's "Municipal Athletic Program" insures program
availability on sport fields and gymnasiums for both youth and adult leagues
throughout the City's park system, The goal is to insure that all Chula Vista
residents have equal access to all Citywide facilities,
Action Item: Initiate a feasibility study that will identify quality of access
to both youth and adult leagues for sport fields and gymnasiums. Insure
that municipal athletics has access to Citywide athletic scheduling
programs and that the City operated programs will have access to facilities
for scheduling municipal league sports,
Rationale: The programming of field sites, through the youth sports
allocation and municipal athletics, leaves little time for rental groups such as
churches and corporations to have access rental time, In addition the fields
are not readily available for the general public use for pick-up games,
Action Item: The City will encourage the non-scheduling, of or allocation
of, each field complex one day a week to allow for rental and community
use,
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Policy 2.9, Provide priority to the "in-season" sport groups to insure ability to
meet demand for sports fields' games and practices,
Rationale: The weather in Southern California allows sports teams to play
year round, during the prime season and if space is available during non-
prime season. Additionally, many sports have traveling teams that play
games locally and at other county sites. These teams also play in the prime
and non-prime season, Staff believes they can accommodate current and
expected use by youth athletics if priority is given to the in-season sport for
both practice and games, All teams playing during their non-season or on
traveling teams would receive allocations at City fields only when all in-
season sports demands were met. School fields would also be used to offset
allocation needs as available,
Action Item: Through the City's allocation process, provide first priority
for youth sport league games and practice for the following seasons:
Spring/Summer: softball/baseball/track and field
FalllWinter: soccerlflag footballlfield hockey/lacrosse/rugby
The City will continue to work with the Youth Sports Council, which is an
advisory body to initiate this allocation process,
Rationale: Currently the Youth Sports Council leagues pay a nominal $10,00
per team for in-season field allocation, Development of new strategies by
staff and Youth Sports Council for reyenue and/or in-kind services by leagues
to help offset sports field maintenance costs will provide an on-going revenue
stream for continuing support of high quality sports fields.
Action Item: Work with the Youth Sports Council to develop a new youth
sports fee and/or in-kind service agreement that provide offset revenue
resources to the City for the use and maintenance of sport fields,
Policy 2.10. The City will strive to insure that public recreation facilities are well
managed and well maintained,
Action Item: Utilize park maintenance practices and procedures that
maximize the life of the facility.
Action Item: Develop a list of construction materials, methods, and
standards suitable for use in the design of public parks that are durable,
economical to install and maintain, ecologically responsible, and does not
limit design quality or integrity.
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Action Item: Maintain a staffing strategy that ensures staffing levels are
commensurate with parkland maintenance needs.
Action Item: All community and neighborhood public parks, seven acres
or more, shall be designed to include an on-site maintenance building
capable of accommodating park maintenance equipment, supplies, and
other support materials for use by maintenance personnel.
Action Item: Develop a task force that will resolve design and
maintenance issues associated with youth field sport leagues using City
allocated facilities to determine maintenance, storage, equipment usage,
and liability issues,
Policy 2.11. The City when proposing improvements to existing public parks,
where possible, will include upgrades and new construction that supplement the
existing and future inventory of recreational facilities available in the City,
Rationale: The parks system is a Citywide system, In addition to the existing
parkland in the western part of the City, the new parks planned in the eastern
part of the City will not provide sufficient parkland for all of the recreational
needs for the projected population growth of Chula Vista, Consequently
improvements to existing parks need to address unmet recreational needs,
Action: Staff will further develop the facilities allocation matrix for existing
parks for preparation of future park improvement proposals,
Policy 2.12. The City will evaluate opportunities for special purpose facilities on
a case-by-case basis, The City will not grant park credit to special purpose
facilities,
Policy 2.13. In master planned communities that have a significant amount of
small lot single family development (less than 5,000 square feet) the General
Development Plan and SPA Plans should provide adequate "common useable
open spaces" to enhance the quality of the neighborhood experience. The City
will not apply parkland credit for these "common useable open spaces." In some
cases "common useable open space" may qualify for "Community Purpose
Facility" credit pursuant to the Chula Vista Municipal Code and the SPA plan,
Rationale: Several concerns relate to granting parkland credit for common
usable open spaces that diminish the City's ability to provide for the
recreational needs of the City, Since the amount of parkland is a finite
element, the ability to meet the recreational needs is also finite, and small-
sized park areas constrain the use within the park. More facilities can be
provided within one seven-acre park than within seven one-acre parks,
Additionally, Public Works Operation maintenance records provide unit
maintenance costs that show small-sized parks have maintenance costs that
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often exceed that of larger parks, However, the City recognizes and will
continue to support the positive contribution these common usable open
spaces provide towards the quality of life. However, the end result must not
diminish the overall recreational system,
Action Item: Amend the General Plan descriptions to include common
usable open spaces,
Policy 2.14. The City will strive to meet the aquatic recreational needs to the
extent affordable, insuring first that recreational needs (including swimming
lessons and recreational play) are met and only thereafter accommodate the
competitive aquatic recreational needs,
Rationale: Aquatic recreational needs require a large capital outlay,
Construction of pools, maintenance of equipment, maintaining water quality to
public health standards, staffing, and appropriate pool management all
contribute to the high cost of providing aquatic programs and services,
Action Item: Provide at least one public pool that accommodates
recreational swimming exclusively,
Action Item: The City will work with the School Districts to determine how
increased competitive pool use time will be accommodated including the
option of locating a "competition" pool on the larger high school campus,
Action Item: The City will review fees charged to users, and the cost and
operating expense of the swimming pool facilities to insure that costs
incurred by the City are accurate.
GOAL #3 - Implementation Program
Provide a program for implementation.
Policy 3.1. In addition to the City's Parkland Acquisition and Development
(PAD) Ordinance requirements, the City will research a development impact fee
for development of recreation facilities (buildings on parkland),
Policy 3.2. The City will require that all public parks be developed in
accordance with the Parks Development Procedure/Process Manual (PDPP),
Rationale: The information received during workshops and interviews
identified the City's need for a clear and reasonable approach to the
development of public parks,
Action: City staff will review, simplify, and clarify the process of parks
development by providing a manual that outlines this procedure,
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Policy 3.3. The City will require that all public parks be developed in
accordance with applicable legal requirements, the Parks Development Process,
and the City's Public Facilities Technical Manual.
Rationale: The information received during workshops and interviews
identified the City's need for clear standards and specifications for the
development of public parks and public recreation facilities,
Action: Staff will develop policy documents, including a technical
standards manual, a Parks Development Process, and update the City's
Landscape Manual, to provide specifications for the physical design
criteria of public parks and public recreation facilities.
Policy 3.4. The City may make available, for public use, the non-turf areas of
parks ninety days after the City's acceptance of "Certification of Substantial
Conformance,"
Rationale: At present, once the construction of a park has been completed
the City reviews the installation and the design consultant's certification of
substantial conformance, it found to be satisfactory the City accepts
ownership of the park for use by the public, This includes a one-year period
for turf establishment. The legal mechanism for this transfer of ownership
involves the property owner providing the City with an Irrevocable Offer of
Dedication (100), Until such time as the 100 is accepted by the City, the
ownership and liability for the property remains with the legal owner,
Even though non-turf areas (buildings, walkways, and hard-surfaced play
courts) are ready for use upon the completion of construction the planted
areas, especially the turf areas, require time to mature into a durable state.
Consequently, the parks, excluding the buildings, play courts, etc" are fenced
off from public access, until such time as the turf areas are ready for use,
Policy 3.5. The City will require a one-year warranty on materials and
workmanship for all park facility construction,
Policy 3.6. The City will make available, to the general public, the park turf
areas, including amenities situated therein, after one full growing season (March
through September) has passed, allowing for the dormant period,
Rationale: The Public Works Department requires that the species of grass
used in the turf areas be very durable and resilient to repeated use, After
many years of experience the department has selected a species (Nu-Mex
Sahara) preference that achieves these requirements, This grass requires a
period of time to grow and to develop a rooting structure that supports the
mature durable thatch that makes it so resilient. The City has chosen a
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process of planting known as hydro-seeding, which takes longer to establish
but is less expensive than sod installation, Allowing active use prior to
maturation causes the grass to die, causing bare areas to be replanted that
increase the cost of park maintenance.
Policy 3.7. The City will identify the Director of Recreation, or designee, as the
regulatory authority for coordinating all outdoor and joint use recreation facilities
scheduling,
Policy 3.8. The City will insure that athletic fields are not programmed with
activities so frequently that the fields suffer permanent damage from over use,
Action Item: Direct the Public Works staff to establish a twelve-month
monitoring report that correlates the amount and duration of use and the
general health condition of the turf for all of the parks in the City,
Action Item: Annually, and before field allocation, identify any field or
facility that will require renovation,
Policy 3.9. The City will pursue joint use agreements with other agencies and
organizations that will improve and expand the City's ability to provide
recreational facilities for the community (e,g" school districts, the ARCO Olympic
Training Center, Southwestern College, etc).
Action Item: Create a task force with public agencies, utility companies,
and City staff to identify potential recreational opportunities, establish
agreement criteria, and develop agreements for public use.
Recommendations would be provided to the Park and Recreation
Commission outlining the task force collaboration,
Policy 3.10. The City will site, in public parks, recreation facilities that are
capable of generating revenue as a way to offset general fund facility
maintenance and operating costs, The City will continue to include no-fee
services as part of the total recreation offerings at all public park sites,
Action Item: Evaluate the City's recreation facility allocation program
policies to insure "no-fee recreation services,"
Action Item: Review current scholarship program for fee based programs
to insure accessibility,
Action Item: Evaluate the current fees system for adequacy,
Policy 3.11. The City will conduct public forums to encourage citizen
involvement in the development of recreational services,
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Action Item: Request, at least once a year, that the Park & Recreation
Commission facilitate a special activity that solicits opinions from the
community,
Action Item: Re-establish the non-profit community foundation as a
means of emphasizing community awareness of parks while promoting
additional revenues for parks and facility development.
SUMMARY
When these goals and policies are translated into actions, the Chula Vista Parks
and Recreation system will meet its intended mission:
To provide an equitable park system that addresses cu"ent
and future needs to the degree possible while maintaining
park and open space quality.
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CHAPTER 4 - PARKS FACILITY DISTRIBUTION
INTRODUCTION
The Parks Facility Distribution section identifies in both tabular and graphic form the
distribution of needed recreation facilities, This chapter concludes with a picture, Figure
4 - Future Public Parks 2000 - 2020 (Page 4-12(a)), of what the Chula Vista Parks
System will look like in 2020, A complete list of parks, by planning area, is provided
along with park acreage and primary and support facility requirements,
A. Purpose
This section identifies the recreation facility distribution within each future park
through the year 2020, Figure 4 depicts the location of parks through 2020, The
distribution of recreation facilities needed to meet current needs is identified (Table
4-2 - Recreation Facility Assignment Goal - Demand 2000). A majority of the future
park sites located west of 1-805 are to receive recreation facilities to meet many of
the year 2000 identified needs,
Utilizing the number and type of recreation facilities, identified in Chapter 2 -
Demand and Opinion of Needs Analysis, as a total distribution goal, facilities needed
to meet current (2000) needs and future (2020) demand have been distributed.
Factors influencing facility distribution include park type (community or
neighborhood), park size (total acreage available), park site configuration, park
location (proximity to neighborhood served and adjacer,¡cy to other parks), and in the
case of existing sites, consideration has been given for the existing palette of park
facilities, Facility assignment also takes into account the established goals and
policies contained in Chapter 3,
B. Recreation Facility Distribution - Current Needs (2000)
As identified in Chapter 2, while a majority of current demand is being met utilizing
both public parkland and school land, up to 100 acres of additional land is required
to accommodate remaining recreation facility needs, Additional land resources
capable of accommodating recreation facilities include, existing park sites that could
receive added facilities, acquisition of new park sites (beyond developer obligated
sites), use of public utility agency lands, and existing school sites. Future school
sites will be considered in the context of future demand. Table 4-1 - Recreation
Facility Needs 2000, identifies the type and number of facilities required to met the
current demand, less public park and quasi-public inventory. As depicted in Table
4.1, a minimum of 62,37 acres of land is required to accommodate needed facilities,
Up to approximately 100 acres is needed if support facilities are included in total
need. The land required to accommodate "support facilities" could be reduced when
a needed facility is assigned to an existing developed park site, since it is assumed
that existing parks would typically already contain "support facilities,"
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Table 4·1. Recreation Facility Needs 2000
Acreage Required
Minimum With Application of
Number of Acreage Multiplier for Support
Facility Facilities Required Facilities'
Softball Organized Adult 4 8.0 12,0
Baseball
Organized Adult 9 15.3 22.95
OrQanized Youth 11 13.2 19,8
Football 1 1.5 2.25
Soccer
Organized Game 9 18.9 28,35
Swimming/Recreation 2 2.0 8,0
Tennis 7 1.4 2.1
Skate Boarding 3 0.6 0.9
Roller Blading 3 1,05 1.58
Indoor Assembly Space 6 .42 1,68
62.37 99.61
"Mulliplier for support facililies lisled is 1.5, except indoor assembly space is 4.0,
Table 4-2 - Recreation Facility Assignment Goal- Demand 2000, identifies the goal
for distribution of that portion of the current recreation facility demand that is
currently unmet. These needs are not the obligation of future development. Needed
facilities have been distributed among three general categories - 1) Existing Public
Park Sites, 2) Future Public Land Sites, and 3) Quasi-Public Sites, The "Existing
Public Park Site" category refers to those existing park sites that could be renovated
to accommodate additional facilities. The "Future Public Land Site" category refers
to sites that the City envisions acquiring or maintaining joint ownership with other
public agencies, The third category, "Quasi-Public" refers to other public agency
owned lands, and utility agency owned land that would provide access to the general
public, Quasi-public sites, such as school sites, will realistically only be available to
the extent use by the district is permitted. As previously stated, the table represents
a goal, and as such actual facility assignment may vary, Figure 2, Future Public
Parks - 2000-2020, depicts each of the Category 2 sites, Category 1 sites are
depicted on Figure 1 (page 1-12), Existing Public Parks and Recreation Facilities,
The identification of needed facilities represents one level of service, The other level
of service relates to the Citywide goal related to parkland, more specifically, 3 acres
per 1,000 persons, While Category 1 sites accommodate needed facilities, since
they would occur on existing park sites, a net increase in park acreage inventory
would not be achieved. Category 2 facilities would require additional park acreage
beyond existing inventory of land, Any additional parkland acquired to
November 12, 2002
4-2
Chapter 4
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Chula Vista Parks & Recreation Master Plan
accommodate the existing (2000) needed facilities would further reduce the existing
Citywide need for parkland acreage. Therefore the assigning of Category 2 column
facilities also represents progress towards achieving the level of service of three
acres of public parkland per 1,000 persons.
Table 4·2. Recreation Facility Assignment Goal - Demand 2000
Facility Assignment
Cateaorv 1 Cateaorv 2 Cateaorv 3
Number of Existing Public Future Public Min.
Facilities Park Site Land Site Acs. Quasi-
Facility Neaded (II of Facilities) (II of Facilities) Raa'd++ Public
Softball 4 Rohr(1) Bayfront (Add-On) (2)' 6.0
(Oraanized) ORVP Area 4 i1)
Baseball
Organized Adult 9 (9)"
Organized Youth 10 (10)"
Football 1 ORVP Area 5 (1) 1.5
Soccer
OrganizedGame 9 ORVP Area 4 (3) 10.5 (4)"
ORVP Area 6 (2)
Practicellnfonnal 9 ORVP Area 4 (3) 10.5*'" (4)"
ORVP Area 6 (2)
Tennis 7 ORVP Area 4 (4) 0.8
Bavfront Add-on' /3 I' 0.6
Skate Boarding 3 Greg Rogers (1) Del Rey (1) 0.2
Rohr(1)
. Eucalyptus (1)
Roller Blading 3 Greg Rogers (1) Del Rey (1) 0.35
Rohr(1)
Eucalyptus (1)
Indoor Assembly
Space+ 6 6
(Increments)
Totals: 19.95
29.93 (w/multiolier\
,
Represents additional parkland beyond the anticipated obligation of 10.0 acres, subject to change.
Faciljiy Assignment necessitates negotiation with other public agency and/or accommodation on community purpose facility
land.
Exduded from "required total acres- to avoid double counting.
Exciudes land for support facilities.
Each Indoor assembly space increment represents 3,140 square feet of building (qualifying buildings inciude community
center buildings, senior and teen annexes, gymnasiums, and classrooms).
++
+
Based on year 2000 population (174,319 persons), to meet the level of service of
three acres per 1,000 persons, 523 acres of parkland is required. As identified in
Chapter 2, current inventory of parkland is 387.39 acres, a shortfall of 135.61 acres.
Although future public park sites capable of accommodating recreation facilities
contained in Category 2 column of Table 4-2 have not been precisely defined, it is
estimated that approximately 30.0 acres would be required. Therefore by
developing the Category 2 recreation facilities the current shortfall of 135.61 acres
could be further reduced to 105.68 acres (135.61 minus 29.93). The remaining need
may actually be less if future sites that accommodate Category 2 column facilities
November 12, 2002
4-3
Chapter 4
Chula Vista Parks & Recreation Master Plan
are large enough to accommodate additional useable areas beyond Category 2
facilities.
C. Recreation Facility Distribution - Future Needs (2000 - 2020)
The recreation facility assignment tables (Table 4-3 Community Park Recreation
Facility Assignment 2000-2020 and Table 4-4 Neighborhood Park Recreation
Facility Assignment 2000-2020) are intended to expedite the planning of future park
sites by establishing the palette of facilities to be located in each future development
obligated park. The comprehensive nature of the tables insures that the accounting
of each needed recreation facility can occur. The tables identify future park sites and
the most desired recreation facilities scheme to be placed in a given park site. Each
future park listed in the tables represents either a site with "defined" configuration
and topography or "undefined" configuration and topography. Park sites that have
been identified on a tentative map or on a final map represent "defined" park sites.
"Defined" park sites that are characterized by odd shaped lots or severe topographic
constraints can present facility assignment challenges and may preclude the siting of
certain types of recreation facilities. When the palette of recreation facilities can be
defined prior to establishing site configuration and topography a more efficient use of
parkland can generally be achieved. ·Undefined" sites can generally be configured
to accommodate the defined palette of facilities.
Based on the conclusions contained in Chapter 2, the land area required to
accommodate the complete list of needed facilities exceeds the total amount of
parkland obligation associated with future development. Based on existing land use
policy, future development of parkland obligation is estimated at 316.1 acres.
Approximately 333.8 acres are required to accommodate all of the future (2000 -
2020) needed recreation facilities. Therefore, approximately 17.7 acres of recreation
facility accommodating land, in addition to planned park sites, will need to be
provided if all facilities are to be accommodated. Recreation accommodating land,
other than developer obligated public parks, includes land acquired by the City for
public park purposes, future school sites (see Figure 3), community purpose facility
sites, and potentially, utility and water agency owned lands. Recreation facilities
anticipated to be located at non-public park sites are identified in Table 4-5 _
Recreation Facilities Non-Public Parkland - Recommended Facility Assignment.
Since the City has limited control of recreation facilities located on non-public
parkland sites, the table only represents a recommended palette of facilities.
The assignment of needed recreation facilities to non-public park sites is necessary
to accommodate future demand since the total developer obligated future park
acreage is less than total acres required by demanded facilities. Assignment of
facilities to non-public park sites includes consideration of the existing practice of
quasi-public sites meeting demand. As revealed in Chapter 2, Demand and Opinion
of Needs Analysis, quasi-public sites are currently providing for approximately 70
percent of the demand associated with sport field practice and informal play.
November 12,2002
4-4
Chapter 4
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Chula Vista Parks & Recreation Master Plan
To maintain a balance an equitable approach has been taken in the assigning of
facilities, in tenms of the numeric goal for each type of recreation facility. For
instance, 100 percent of the defined "organized youth league" demand has been met
within public park sites for softball and soccer. One hundred percent of practice ball
field demand has been met within public park sites for softball and soccer. Future
demand for baseball will have to be met on non-public park sites. Tot
lots/playgrounds are another example of existing patterns of use influencing future
facility assignment. Currently and in the future, public park sites and quasi-public
sites equally meet the demand for tot lots/playgrounds.
Future demand for interior assembly space is proposed to be met in future public
community park sites. Nearly 100 percent of future demand will be met on public
park sites. This is a higher percentage as compared to what is currently being met
in public park sites (30 percent).
November 12, 2002
4-5
Chapter 4
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Chula Vista Parks & Recreation Master Plan
D. Park Phasing Future Demand
Phasing of parks occurs at three basic levels. The first level of phasing is in the
context of the entire inventory of future public parks, irrespective of which
development entity is responsible for development of the park. The second level of
phasing is in the context of all parks required of a particular development. The third
level of phasing pertains to the phasing of recreation facilities within a particular park
site.
Phasing of parks, first level, refers to the sequence of all sites to be developed.
Residential development creates the need for parks and therefore it is the pace and
sequence of new development that dictates the phasing of parks at the first level.
Market forces are a primary factor that affects the pace and sequence of
development.
The second level of park phasing comes into effect when a project containing
residential development is submitted to the City. In accordance with the City's
Growth Management Element of the General Plan and its related Growth
Management Program, the efficient and timely provision of public facilities such, as
parks, concurrent with need, assures compliance with threshold standards (level of
service). Therefore the second level of phasing is to be considered during project
review to insure that compliance to the three acres of parkland, with appropriate
facilities, per 1,000 residents will be provided for. Adherence to the City's park
processing procedure will insure that applicable park development milestones are
achieved and that park sites will be available to meet the needs of residents in a
timely manner.
The third level of phasing pertains to the phasing of individual recreation facilities
within a specific park. To insure that needed facilities are available and to minimize
the occurrence of active construction zones locating within portions of parks open to
the public, it is desirable to develop the entire park site at the same time. In some
instances special recreation facilities such as recreation center buildings, may not be
able to track with the construction of other park site facilities due to financing
challenges. Under the circumstances a directive that permits phasing within an
individual park site when improvement funding is unavailable will be considered.
E. Park Phasing Current Demand
As previously discussed in this chapter, additional land is needed to accommodate
the 2000 unmet demand for recreation facilities. Phasing the development of land to
accommodate 2000 demand that is currently unmet must also be considered. A
phasing sequence based on five-year increments (years 2000 through 2010) and
one ten year increment (2010 through 2020) for each of the existing and future
public land sites identified in Table 4-2 - Recreation Facility Assignment Goal _
Demand 2000 is contained in Table 4-7 - Recreation Facility Assignment Goal Site
November 12, 2002
4-10
Chapter 4
Chula Vista Parks & Recreation Master Plan
Phasing - Demand 2000. The table represents a suggested phasing sequence
based on availability of the land and access to necessary funding.
Table 4·7. Recreation Facilitv Assianment Goal Site Phasin!:l· Demand 2000
Phasing Increment 2000-2005 2005-2010 2010-2020
Exlstlna Public Sites
Soccer Field (1)
Discoverv Park Oraanized Game
Skate Boarding (1)
Eucalvntus Park Roller Bladlna IÙ
Skate Boarding (1)
Greo Roaers Park Roller Blading -(1 \
Skate Boarding (1) Softball (1)
Rohr Park Roller Bladino IÙ
Future Public Sites
Softball fields (2)
Bayfront (Add-on) Organized Youth
Tennis Courts (31
ORVP Area 4 Softball fields (1)
Organized Youth
Soccer Fields (3)
Organized Game
ORVP Area 6 Soccer Fields (2)
Ornanized Game
ORVP Area 11 West Soccer fields (4)
Organized
Soccer fields (4)
Practice
Sweetwater Soccer
Oroanized (31
Quasi-Public Sites
To be Determined Baseball fields (3)
Organized Adult
November 12,2002
4-11
Chapter 4
Chula Vista Parks & Recreation Master Plan
PARK FACILITIES 2020
Overview
Looking into the future (2020) with the implementation of the goals and policies
discussed in Chapter 3, the City will have over 700 acres of parkland available for
recreational use (see Figure 4). The parks and recreation system will provide Citywide
resources for recreation services and programs that meet the expressed needs of the
community. The parks and recreation system will be composed of nine community
parks, which will serve the City as a whole by providing recreation complexes,
community centers, gymnasiums, an aquatic facility, and skateboard facilities as well as
gathering areas, picnic facilities and restrooms. Closer to home, 46 Neighborhood
Parks will provide areas for tot lot play equipment, sports facilities, and programmed
and non-programmed activities allowing residents recreational activities within walking
distance of their homes. Neighborhood parks will also provide recreational facilities that
complement resources provided at adjacent community parks. Today's regional parks
will be further enhanced and connected to the community through a system of trails and
bicycle ways. A greenbelt open space system will surround Chula Vista, making a
unique setting within San Diego County focused on the recreational values of the City's
populace, (See Figure 5). Ultimately the City's parks and recreation system is
envisioned as an integrated system of recreation programs and services interwoven
throughout its parklands and recreation facilities.
The following is a comprehensive list, organized by community planning areas, 'of the
City's goals for future parks and recreation f¡;¡cilities. The distribution of parks and
recreation facilities is based on conclusions from the demands and opinion of needs
analysis, and the City's goals, policies and implementation strategies.
PARKS FACILITY DISTRIBUTION
SA YFRONT
Bavside Park and Marina View (Chula Vista Harbor) - Community Park
Phasing: Existing
Park acreage: 19.23 acres
Primarv facilities:
20 Picnic Tables, (none with shade structures)
1 Play Areas with Play Equipment
1 Restrooms I Concessions Building
1 Restrooms I Maintenance Building
Support Facilities:
Open Lawn Areas
Paved Walkways with lighting
Parking Lot no lighting (110 spaces.)
Additional Facilities:
2 Volley ball Courts (sand)
Fitness Course
November 12, 2002
4-12
Chapter 4
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Chula Vista Parks & Recreation Master Plan
Boat dock and ramp
Fishing pier
Unnamed - Community Park
Phasing: 2005-2010
Park acreage: 20 acres
Primary facilities:
4 Softball Fields with lighting
1 Football Field with lighting
5 Tennis Courts with lighting
7 Picnic Tables, (quantity of shade structures to be determined through
individual park design process.)
1 Play Area with Play Equipment, (age appropriate equipment to be
determined through the individual park design process.)
Restrooms and Maintenance Building
Support Facilities:
Open Lawn Areas
Paved Walkways with lighting
Parking Lot with lighting (the quantity of spaces to be determined
through the individual park design process.)
Bav Boulevard - Mini-park
Phasing: Existing
Park acreage: 1.35 acres
Primarv facilities:
4 Picnic Tables
Support Facilities:
Small Open Lawn Area
Paved Walkways
Parking Lot (25 spaces)
CENTRAL CHULA VISTA
Eucalvptus Park - Community
Phasing: 200-2005 (available for public use)
Proposed renovation of existing park
Park acreage: 19.8 acres
Primary facilities:
Quasi-Public YMCA Facility
3 Softball Fields with lighting
3 Tennis Courts with lighting
2 Basketball Courts with lighting
12 Picnic Tables, (quantity of shade structures to be determined
through individual park design process.)
1 Play Area with Play Equipment, (age appropriate equipment to be
determined through the individual park design process.)
November 12,2002
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Restrooms I Maintenance Building
Support Facilities:
Open Lawn Areas
Horseshoe Pit
Paved Walkways with lighting
Parking Lot with lighting (quantity of parking spaces to be determined
through the individual park design process.)
Additional Optional Facilities:
1 Skateboarding/Rollerblading Area
Chula Vista Memorial Park - Neiqhborhood
Phasing: Existing
Park acreage: 7.77 acres
Primarv facilities:
Parkway Recreation Complex (gymnasium, gymatorium, pool,
community center, and parking area)
Restrooms and Maintenance Building
Support Facilities:
Tot Lot
Open Lawn Areas
Paved Walkways with lighting
Additional Facilities
Amphitheater
Friendship Park - Neiqhborhood
Phasing: Existing
Park acreage: 4 acres
Facilities:
Open Lawn Areas
Paved Walkways with lighting
Hilltop Park - Neiqhborhood
Phasing: Existing
Park acreage: 4 acres
Primary facilities:
10 Picnic Tables, (5 with ample sized shade structures)
1 Play Area with Play Equipment
Restrooms and Maintenance Building
Support Facilities:
Open Lawn Areas
Paved Walkways with lighting
Parking Lot (25 spaces)
Lancerlot Park - Mini-park
Phasing: Existing
Park acreage: 0.10 acres
November 12, 2002
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Facilities
1 Play Area with Play Equipment
Norman Park - Mini-park
Phasing: Existing
Park acreage: 1.45 acres
Primary facilities:
Community (Senior) Center
5 Picnic Tables
SuPPOrt Facilities:
Open Lawn Areas
Paved Walkways with lighting
Parking lot (18 spaces)
Additional Facilities
2 Horseshoe Pits
6 Shuffleboard Courts
MONTGOMERY
Lauderbach Park - Neiqhborhood
Phasing: Existing
Park acreage: 3.90 acres
Primary facilities:
Community Center
1 Soccer Field with lighting
1 Basketball Courts with lighting
3 Picnic Tables
1 Play Area with Play Equipment
Support Facilities:
Open Lawn Areas
Paved Walkways
Parking Lot (47 spaces)
Loma Verde Park and Oranqe Avenue Fields - Neiqhborhood
Phasing: Existing
Park acreage: 12 acres
Primary facilities:
4 Softball Fields with lighting
1 Play Area with Play Equipment
Recreation Complex (pool, community center, parking area)
Support Facilities:
Open Lawn Areas
Paved Walkways with lighting
Parking Lot with lighting (14 spaces)
November 12, 2002
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Chula Vista Parks & Recreation Master Plan
Los Ninos Park - Neiqhborhood
Phasing: Existing
Park acreage: 5.07 acres
Primary facilities:
1 Basketball Court
2 Picnic Tables, (1 with ample sized shade structure)
1 Play Area with Play Equipment
Restrooms and Maintenance Building
Support Facilities:
Open Lawn Areas
Paved Walkways with lighting
Otav Park - Neiqhborhood
Phasing: 2000-2005, proposed renovation of existing park
Park acreage: 4.18 acres
PrimaÌ"V facilities:
Community Center and Gymnasium
1 Soccer Field/Softball Field
9 Picnic Tables, (5 grouped under ample sized shade structure)
2 Play Areas with Play Equipment
Restrooms / Maintenance Building
Support Facilities:
Open Lawn Areas
Paved Walkways with lighting
Reinstra Ball Fields Park - Neiqhborhood
Phasing: Existing
Park acreage: 7.12 acres
Primary facilities:
4 Softball Fields with lighting
Restrooms and Maintenance Building
Support Facilities:
Open Lawn Areas
Paved Walkways with lighting
Parking Lot (11 0 spaces)
Additional Facilities:
2 Concession Buildings
1 Portable Toilet
1 Bullpen
SDG&E Park - Neiqhborhood
Phasing: Existing
Park acreage: 20.14 acres
Primarv facilities:
Y:z Basketball Court with lighting
1 Play Area with Play Equipment
November 12,2002
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Support Facilities:
Open Lawn Areas
Pet Parks
Parking Lot (20 spaces)
Connolev Park - Mini-park
Phasing: Existing
Park acreage: 0.65 acres
Primary facilities:
1 Play Area with Play Equipment
Support Facilities:
Open Lawn Areas
Holidav Estates I Park - Mini-park
Phasing: Existing
Park acreage: 0.24 acres
Facilities:
Open Lawn Areas
Holidav Estates II Park - Mini-park
Phasing: Existing
Park acreage: 0.17 acres
Facilities:
Open Lawn Areas
Palomar Park - Mini-park
Phasing: Existing
Park acreage: 2.71 acres
Primary facilities:
1 Picnic Table, (with ample-size shade structure.)
1 Play Area with Play Equipment
Support Facilities:
Open Lawn Areas
Paved Walkways with lighting
Parking Lot (17 spaces)
Sherwood Park - Mini-park
Phasing: Existing
Park acreage: 0.28 acres
Facilities:
Open Lawn Areas
November 12,2002
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SWEETWA TER
Rohr Park - Communitv
Phasing: Existing
Park acreage: 59.46 acres
Primarv facilities:
4 Softball Fields (2 with lighting)
1 Soccer Field
2 Basketball Courts
117 Picnic Tables, (10 group shade structures)
2 Play Areas with Play Equipment
2 Restroom Buildings
Support Facilities:
Open Lawn Areas
Paved Walkways with lighting
Parking Lots with lighting (371 spaces.)
Additional Facilities:
Rohr Manor
Maintenance Building and Yard
Park Ranger Offices Building
Mini-Railroad
Rohr Park - Community - Additional New Facilities
Phasing: 2000-2010, proposed renovation of existing park
Primary Facilities:
1 Softball Fields (2000-2005) with Lighting
1 Skateboarding / Rollerblading Area (2000-2010)
Bonita Lona Canvon Park - Neiahborhood
Phasing: Existing
Park acreage: 10.98 acres
Primary facilities:
7 Picnic Tables
1 Play Area with Play Equipment
Restrooms and Maintenance Building
Support Facilities:
Open Lawn Areas
Paved Walkways with lighting
Parking Lot (23 spaces)
Additional Facilities:
Fitness course/ Parcourse
Terra Nova Park - Neiahborhood
Phasing: Existing
Park acreage: 16.95 acres
November 12, 2002
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Primary facilities:
1 Softball Field
1 Soccer Field
2 Tennis Courts with lighting
1 Basketball Court with lighting
12 Picnic Tables, (1 group shade structure)
1 Play Area with Play Equipment
Restrooms and Maintenance Building
Support Facilities:
Open Lawn Areas
Paved Walkways with lighting
Parking Lot (51 spaces)
Tiffanv Park - Neiohborhood
Phasing: Existing
Park acreage: 5.28 acres
Primarv facilities:
6 Picnic Tables, (1 group shade structure)
1 Play Area with Play Equipment
Support Facilities:
Open Lawn Areas
Paved Walkways
Gavle L. McCandliss Park (formerlv Halecrest Park) - Mini-park
Phasing: Existing .
Park acreage: 3.07 acres
Primarv facilities:
3 Picnic Tables
1 Play Area with Play Equipment
Support Facilities:
Open Lawn Areas
Paved Walkways
Parking Lot (6 spaces)
Paseo del Rev Park - Mini-park
Phasing: Existing
Park acreage: 9.04 acres
Primarv facilities:
6 Picnic Tables
1 Play Area with Play Equipment
Support Facilities:
Open Lawn Areas
Paved Walkways
November 12, 2002
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RANCHO DEL REY
Discoverv Park - Communitv
Phasing: Existing
Park acreage: 20.37 acres
Primary facilities:
3 Softball Fields
1 Soccer Fields (overlay)
6 Picnic Tables
1 Play Area with Play Equipment
Restrooms / Maintenance Building
Support Facilities:
Open Lawn Areas
Paved Walkways
Parking Lot with lighting (143 spaces.)
Additional Facilities:
Concessions Building (under construction 2000)
Fitness course / Parcourse
Public Art Sculpture
Discoverv Park - Communitv (Additional New Facilities)
Phasing: 2000-2005, proposed renovation of existing park
Explorer Park - Neiohborhood
Phasing: Existing
Park acreage: 5.57acres
Primarv facilities:
1 Soccer Field
1 Basketball Court
8 Picnic Tables
2 Play Areas with Play Equipment
Support Facilities:
Open Lawn Areas
Paved Walkways
Independence Park - Neiohborhood
Phasing: Existing
Park acreage: 12.83 acres
Facilities:
Open Lawn Areas
Marisol Park - Neiohborhood
Phasing: Existing
Park acreage: 5.0 acres
November 12,2002
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Primarv facilities:
1 Soccer Fields with lighting
2 Tennis Courts with lighting
9 Picnic Tables, (5 with ample sized shade structures)
1 Play Area with Play Equipment
Restrooms Building
Support Facilities:
Open Lawn Areas
Paved Walkways with Lighting
Rancho del Rev Park - Neiqhborhood
Phasing: Existing
Park acreage: 9.18 acres
Primary facilities:
2 Tennis Courts
4 Picnic Tables, (3 with ample sized shade structures)
Play Area with Play Equipment
Support Facilities:
Open Lawn Areas
Archery
Paved Walkways
Sunridqe Park - Neiqhborhood
Phasing: Existing
Park acreage: 6.58 acres
Primarv facilities:
1 Soccer Field
1 Basketball Court with lighting
6 Picnic Tables, (none with shade structures)
2 Play Areas with Play Equipment
SUPDort Facilities:
Open Lawn Areas
Paved Walkways
Additional Facilities:
Fitness course / Parcourse
Vovaqer Park - Neiqhborhood
Phasing: Existing
Park acreage: 11.24 acres
Primary facilities:
2 Soccer Fields
10 Picnic Tables, (6 with ample sized shade structures, 1 group)
2 Play Areas with Play Equipment
Restrooms, Concessions and Maintenance Building
November 12, 2002
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Support Facilities:
Open Lawn Areas
Paved Walkways with lighting
Parking Lots with lighting (94 spaces)
EASTERN TERRITORIES
Greq Roqers Park - Communitv
Phasing: Existing
Park acreage: 42.11 acres
Primary facilities:
4 Baseball Field
1 Softball Field
5 Picnic Tables
Restrooms Building
SUDoort Facilities:
Open Lawn Areas
Paved Walkways
Parking Lots with (132 spaces.)
Additional Facilities:
Maintenance Building and Yard
Concession / Restroom Building
Quasi-Public Boys and Girts Club Building
Greq Roqers Park - Communitv (Facilitv Additions)
Phasing: (2000-2005), proposed renovation of existing park
Primary Facilities:
1 Skateboarding / Rollerblading Area
Support Facilities:
1 Play area with Play Equipment (age appropriate equipment to be
determined through the individual park design process.)
Valle Lindo Park - Neiqhborhood
Phasing: Existing
Park acreage: 4.35 acres
Primarv facilities:
1 Basketball Court
4 Picnic Tables, (all with ample sized shade structures)
2 Play Areas with Play Equipment
Supoort Facilities:
Open Lawn Areas
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Sunbow
Unnamed - Communitv Park (Landfill Site)
Phasing: 2000-2003 (subject to environmental assessment)
Park acreage: 35 acres
Primary Facilities
7 Softball Fields with lighting
10 Tennis Courts with lighting
15 Picnic Tables, (quantity of shade structures to be determined
through individual park design process)
2 Play Areas with Play Equipment, (age appropriate equipment to be
determined through the individual park design process.)
Restrooms / Maintenance Building
SuPPOrt Facilities
Open Lawn Areas
Paved Walkways with lighting
Parking Lot with lighting (quantity of parking spaces to be determined
through the individual park design process.)
Additional Facilities
Skate Boarding/Roller Blading Area
Unnamed - Neiahborhood Park
Phasing: 2000-2005
Park acreage: 10 acres
Primarv facilities
Community Center/Gymatorium15,885 sq ft, Teen/Senior Annex
1 Softball Field with lighting
1 Soccer Field with lighting
2 Basketball Courts with lighting
Informal skate boarding and roller blading facility
7 Picnic Tables, (quantity of shade structures to be determined through
the individual park design process.)
1 Play Area with Play Equipment, (age appropriate equipment to be
determined through the individual park design process.)
Restrooms / Maintenance Building
SuPPOrt Facilities
Open Lawn Areas
Paved Walkways with lighting
Parking (the need for parking to be determined through the individual
park design process.)
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Otav Ranch
Unnamed - Community Park (70-Acre)
Phasing: 2010-2015
Park acreage: 70 acres
Primary facilities:
10 Softball Fields with lighting
6 Soccer Fields with lighting
4 Tennis Courts with lighting
4 Basketball Courts with lighting
45 Picnic Tables, (quantity of shade structures to be determined
through the individual park design process.)
3 Play Areas with Play Equipment, (age appropriate equipment to be
determined through the individual park design process.)
Restrooms / Maintenance Building
Full Size Gymnasium wlTeen Annex (20,000 sq ft)
Aquatic Complex (63,710 sq ft)
Support Facilities:
Open Lawn Areas
Paved Walkways with lighting
Parking Lot with lighting (quantity of parking spaces to be determined
through the individual park design process.)
Additional Facilities:
Skate Boarding / Rollerblading Area
Unnamed - Neiahborhood Park (Villaae 1 West)
Phasing: 2000-2005
Park acreage: 5.1 acres
Primarv facilities:
1 Softball Field
1 Basketball Court with lighting
7 Picnic Tables, (quantity of shade structures to be determined through
the individual park design process.)
1 Play Area with Play Equipment, (age appropriate equipment to be
determined through the individual park design process.)
Restrooms / Maintenance Building
SUPpOrt Facilities:
Open Lawn Areas
Paved Walkways with Lighting
Parking (the need for parking to be determined through the individual
park design process.)
Heritaae Park - Neiahborhood
Phasing: 2000-2005, in construction
Park acreage: 10.57 acres
November 12,2002
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Primary facilities
1 Soccer Field (practice)
2 Basketball Courts with lighting
17 Picnic Tables, (6 grouped under shade structure)
1 Play Area with Play Equipment
Restrooms / Maintenance Building
Community Center Building (5,900 sq ft)
Support Facilities
Open Lawn Areas
Paved Walkways with lighting
Parking Lot with lighting (46 spaces.)
Additional Facilities
Amphitheatre
Harvest Park - NeiQhborhood
Phasing: 2000-2005
Park acreage: 6.86 acres
Primarv Facilities
1 Soccer Field
2 Basketball Courts with lighting
7 Picnic Tables, (quantity of shade structures to be determined through
the individual park design process.)
1 Play Area with Play Equipment, (age appropriate equipment to be
determined through the individual park design process.)
Restrooms / Maintenance Building
SuPPOrt Facilities
Open Lawn Areas
Paved Walkways with lighting
Parking (the need for parking to be determined through the individual
park design process.)
Cottonwood Park - NeiQhborhood
Park acreage: 6.5 acres
Primary facilities:
1 Soccer Field
1 Softball Field
2 Basketball Courts
10 Picnic Tables, (6 with family sized shade structures and 1 group
shade structure with 4 tables)
1 Play Area with Play Equipment, (age appropriate equipment to be
determined through the individual park design process.)
Restrooms / Maintenance Building
Support Facilities:
Open Lawn Areas
Paved Walkways with Lighting
Parking Lot with Lighting (29 spaces)
November 12, 2002
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Santa Cora Park - NeiQhborhood
Phasing: 2000-2005
Park acreage: 5.3.0 acres
Primarv facilities:
1 Tennis Courts with lighting
1 Basketball Courts with lighting
19 Picnic Tables, (6 with family sized shade structure)
1 Play Area with Play Equipment, (age appropriate equipment to be
determined through the individual park design process.)
SuPPOrt Facilities:
Open Lawn Areas
Paved Walkways with Lighting
Additional Facilities:
Overlook area with seatwall and benches
Unnamed - NeiQhborhood Park A NillaQe 2)
Phasing: 2005-2010
Park acreage: 7 acres
Primary facilities:
2 Softball Fields
2 Tennis Courts with lighting
2 Basketball Courts with lighting
7 Picnic Tables, (quantity of shade structures to be determined through
the individual park design process.)
1 Play Area with Play Equipment, (age appropriate equipment to be
determined through the individual park design process.)
Restrooms / Maintenance Building
SuPPOrt Facilities:
Open Lawn Areas
Paved Walkways with Lighting
Parking (the need for parking to be determined through the individual
park design process.)
Unnamed - NeiQhborhood Park B (VillaQe 2)
Phasing: 2005-2010
Park acreage: 7 acres
Primarv facilities:
1 Soccer Field
1 Softball Field
2 Tennis Courts with lighting
2 Basketball Courts with lighting
7 Picnic Tables, (quantity of shade structures to be determined through
the individual park design process.)
1 Play Area with Play Equipment, (age appropriate equipment to be
determined through the individual park design process.)
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Restrooms / Maintenance Building
SuPPOrt Facilities:
Open Lawn Areas
Paved Walkways with Lighting
Parking (the need for parking to be determined through the individual
park design process.)
Unnamed - Neiahborhood Park IVillaae 4)
Phasing: 2015-2020
Park acreage: 5 acres
Primary Facilities
1 Softball Field
2 Tennis Courts with lighting
2 Basketball Courts with lighting
7 Picnic Tables, (quantity of shade structures to be determined through
the individual park design process.)
1 Play Area with Play Equipment, (age appropriate equipment to be
determined through the individual park design process.)
Restrooms / Maintenance Building
Support Facilities
Open Lawn Areas
Paved Walkways with Lighting
Parking (the need for parking to be determined through the individual
park design process.)
Unnamed - Neiahborhood Park IVillaae 6)
Phasing: 2005-2010
Park acreage: 7 acres
Primarv facilities:
1 Softball Field
1 Soccer Field
2 Tennis Courts with lighting
2 Basketball Courts with lighting
7 Picnic Tables, (quantity of shade structures to be determined
through the individual park design process.)
1 Play Area with Play Equipment, (age appropriate equipment to be
determined through the individual park design process.)
Restrooms / Maintenance Building
Support Facilities:
Open Lawn Areas
Paved Walkways with Lighting
Parking (the need for parking to be determined through the individual
park design process.)
Unnamed - Neiahborhood Park (Villaae 8)
Phasing: 2010-2015
November 12, 2002
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Park acreage: 7 acres
Primary facilities:
1 Softball Field
1 Soccer Field
2 Basketball Courts with lighting
7 Picnic Tables, (quantity of shade structures to be determined through
the individual park design process.)
1 Play Area with Play Equipment, (age appropriate equipment to be
determined through the individual park design process.)
Restrooms / Maintenance Building
SuPPOrt Facilities:
Open Lawn Areas
Paved Walkways with Lighting
Parking (the need parking to be determined through the individual park
design process.)
Unnamed - Neiohborhood Park - (Villaoe 11)
Phasing: 2005-2010
Park acreage: 7.00 acres
Primary facilities:
1 Softball Fields
1 Soccer Field
2 Basketball Courts with lighting
7 Picnic Tables, (quantity of shade structures to be determined through
the individual park design process.)
1 Play Area with Play Equipment, (age appropriate equipment to be
determined through the individual park design process.)
Restrooms / Maintenance Building
Support Facilities:
Open Lawn Areas
Paved Walkways with Lighting
Parking (the need for parking to be determined through the individual
park design process.)
Unnamed - Neiohborhood Park A (villaoe 13)
Phasing: 2015-2020
Park acreage: 9 acres
Primarv facilities:
1 Softball Field
1 Soccer Field
2 Tennis Courts with lighting
2 Basketball Courts with lighting
7 Picnic Tables, (quantity of shade structures to be determined through
the individual park design process.)
1 Play Area with Play Equipment, (age appropriate equipment to be
determined through the individual park design process.)
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Restrooms / Maintenance Building
Support Facilities:
Open Lawn Areas
Paved Walkways with Lighting
Parking (the need for parking to be determined through the individual
park design process.)
Unnamed - Neiqhborhood Park B (Villaqe 13)
Phasing: 2015-2020
Park acreage: 9 acres
Primarv facilities:
1 Softball Field
1 Soccer Field
2 Tennis Courts with lighting
2 Basketball Courts with lighting
7 Picnic Tables, (quantity of shade structures to be determined through
the individual park design process.)
1 Play Area with Play Equipment, (age appropriate equipment to be
determined through the individual park design process.)
Restrooms / Maintenance Building
SuPPOrt Facilities:
Open Lawn Areas
Paved Walkways with Lighting
Parking (the need for parking to be determined through the individual
park design process.)
Unnamed NeiQhborhood Park - (Eastern Urban Center)
Phasing: 2005-2010
Park acreage: 10 acres
Primarv facilities:
1 Softball Field
1 Soccer
2 Tennis Courts with lighting
4 Basketball Courts with lighting
7 Picnic Tables, (quantity of shade structures to be determined through
the individual park design process.)
1 Play Area with Play Equipment, (age appropriate equipment to be
determined through the individual park design process.)
Restrooms / Maintenance Building
Support Facilities:
Open Lawn Areas
Paved Walkways with Lighting
Parking Lot with Lighting (the need for parking to be determined
through the individual park design process.)
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Breezewood Park (pedestrian park)
Park acreage: 0.9 acres
Primary facilities:
4 Picnic Tables, (quantity of shade structures to be determined through
the individual park design process.)
1 Play Area with Play Equipment
Support Facilities:
Open Lawn Areas
Paved Walkways with Lighting
Otav Vallev Rer:1ional Park (Tentative Sites Onlv)
Area 4
Phasing: 2005-2010
Park acreage: 10-20 acres
Primary facilities:
1 Softball Field (the need for field lighting to be determined through the
individual park design process.)
3 Soccer Field (the need for field lighting to be determined through the
individual park design process.)
Facilities to be determined throuoh the individual park site desion process:
Tennis Courts with lighting
Basketball Courts with lighting
Picnic Tables
Play Areas with Play Equipment, (age appropriate equipment)
Restrooms / Maintenance Building
Support Facilities:
Open Lawn Areas
Paved Walkways with Lighting
Parking Lot with Lighting (the need for off-street parking to be
determined through the individual park design process.)
Area 6
Phasing: 2005-2010
Park acreage: 10-20 acres
Primary facilities:
4 Soccer Fields (the need for field lighting to be determined through
the individual park design process.)
Facilities to be determined throuoh the individual park site desion process:
Tennis Courts with lighting
Basketball Courts with lighting
Picnic Tables
Play Areas with Play Equipment, (age appropriate equipment)
Restrooms / Maintenance Building
Support Facilities:
Open Lawn Areas
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Paved Walkways with Lighting
Parking Lot with Lighting (the need for off-street parking to be
determined through the individual park design process.)
Area 11 West
Phasing: 2005-2010
Park acreage: 10-20 acres
Primary facilities:
4 Soccer Fields (the need for field lighting to be determined through
the individual park design process.)
Facilities to be determined throuoh the individual park site desion process:
Tennis Courts with lighting
Basketball Courts with lighting
Picnic Tables
Play Areas with Play Equipment, (age appropriate equipment)
Restrooms / Maintenance Building
Support Facilities:
Open Lawn Areas
Paved Walkways with Lighting
Parking Lot with Lighting (the need for off-street parking to be
determined through the individual park design process.)
San Miauel Ranch
Unnamed - Community Park
Phasing: 2005-2010
Park acreage: 19 acres
Primarv facilities:
3 Softball Fields with lighting
2 Tennis Courts with lighting
2 Basketball Courts with lighting
12 Picnic Tables, (quantity of shade structures to be determined
through the individual park design process.)
2 Play Areas with Play Equipment, (age appropriate equipment to be
determined through the individual park design process.)
Restrooms / Maintenance Building
SuPPOrt Facilities:
Open Lawn Areas
Paved Walkways with Lighting
Parking Lot with Lighting, (quantity of parking spaces to be determined
through the individual park design process.)
Additional Facilities:
Informal Skate Boarding / Roller Blading Area
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Rolling Hills Ranch
Unnamed - Communitv Park
Phasing: 2002-2007
Park acreage: 27.55 acres
Primarv facilities:
3 Soccer Fields with lighting
2 Softball Fields
3 Tennis Courts with lighting
2 Basketball Courts with lighting
19 Picnic Tables, (quantity of shade structures to be determined
through the individual park design process.)
3 Play Areas with Play Equipment, (age appropriate equipment to be
determined through the individual park design process.)
Restrooms / Maintenance Building
Community Center Building (enhanced gymnasium) with a Senior
Annex (21,000 square feet)
SUPpOrt Facilities:
Open Lawn Areas
Paved Walkways with Lighting
Parking Lot with Lighting, (quantity of parking spaces to be determined
through the individual park design process.)
MacKenzie Creek Park. (NeiQhborhood)
Park acreage: 6.81 acres
Primarv facilities:
2 Tennis Courts with lighting
2 Basketball Courts with lighting
13 Picnic Tables, (3 with shade structure)
1 Play Areas with Play Equipment
Restrooms / Maintenance Building
SUPpOrt Facilities:
Open Lawn Areas
Paved Walkways with Lighting
Parking Lot with Lighting, (19 spaces)
EastLake
Chula Vista - Communitv Park (EastLake Greens)
Phasing: Existing
Park Acreage: 14.88 acres
Primarv Facilities:
2 Softball Fields with lighting
12 Picnic Tables
1 Play Areas with Play Equipment
Restrooms / Maintenance Building
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Support Facilities:
Open Lawn Areas
Paved Walkways with Lighting
Parking Lot with Lighting (27 spaces)
Community Park - (Unnamed)
Phasing: 2000-2005
Park acreage: 23 acres
Primary facilities:
2 Soccer Fields with lighting
2 Tennis Courts with lighting
2 Basketball Courts with lighting
12 Picnic Tables, (quantity of shade structures to be determined
through the individual park design process.)
2 Play Areas with Play Equipment, (age appropriate equipment to be
determined through the individual park design process.)
Restrooms / Maintenance Building
Gymnasium (weight room) with a Teen Annex (20,000 sq ft)
SuPPOrt Facilities:
Open Lawn Areas
Paved Walkways with Lighting
Parking Lot with Lighting, (quantity of parking spaces to be determined
through the individual park design process.)
Additional Facilities:
Informal Skate Boarding / Roller Blading Area
Sunset View (Neiqhborhood) - ŒastLake Greens)
Phasing: 2000-2005
Park acreage: 11.8 acres
Primary facilities:
2 Soccer Fields
2 Basketball Courts
7 Picnic Tables, (quantity of shade structures to be determined through
the individual park design process.)
1 large group shelter
1 Play Area with Play Equipment, (age appropriate equipment to be
determined through the individual park design process.)
Restrooms / Maintenance Building
Support Facilities:
Open Lawn Areas
View Gazebo
Paved Walkways with Lighting
Parking Lot with Lighting (the need for off-street parking to be
determined through the individual park design process.)
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Additional Facilities:
1 Rollerhockey Court
Neiqhborhood Park - Unnamed
Phasing: 2005-2010
Park acreage: 10.0 acres
Primarv facilities:
2 Soccer Fields (the need for field lighting to be determined through
the individual park design process.)
1 Basketball Court with lighting
7 Picnic Tables, (quantity of shade structures to be determined through
the individual park design process.)
1 Play Area with Play Equipment, (age appropriate equipment to be
determined through the individual park design process.)
Restrooms / Maintenance Building
Support Facilities:
Open Lawn Areas
Paved Walkways with Lighting
Parking Lot with Lighting (the need for off-street parking to be
determined through the individual park design process.)
Additional Facilities:
1 Group Picnic Shelter Facility
November 12, 2002
4·34
Chapter 4
Chula Vista Parks and Recreation Master Plan
CHAPTER 5 - CAPITAL FINANCING
A. Recreation
In 1987, the Park Development Ordinance was revised to include major recreation
facilities in community parks. Historically, however, PAD fees have not been sufficient
to construct these additional, large capital items.
Based on the master plan, a total of 140,595 square feet of major recreation facilities is
needed to serve the build out population. These facilities include community centers,
gymnasiums, senior/teen centers and swimming pools.
To facilitate the construction of facilities on a timely basis and to keep developer fees
within reasonable levels, it is being recommended that, henceforth, major recreation
facilities be funded through an alternative mechanism-a newly created component of
the City's Public Facilities Development Impact Fee (PFDIF) program. This mechanism
will create several benefits:
. First, currently projected PFDIF fund balances will enable the planned facilities to
be constructed without the need for external financing. This will help keep fees
low and speed construction.
. Second, because impact fees are paid at the time permits are pulled rather than
at final map stage, as is the case for PAD fees, developers will be able to defer
payments.
As detailed in the Public Facilities DIF, November 2002 Amendment, the overall cost of
planned facilities is $31.8 million. Of this total, $29.87 million will come from the newly
established fees as well as from developer funding requirements covered under past
agreements. The remaining construction funds include $912,549 from the City's
General Fund and approximately $1,015,043 of City obligation under a prior agreement
with the EastLake Development Company.
A breakdown of costs by facility as well as the currently planned opening dates for each
facility are detailed in the Public Facilities D/F, November 2002 Amendment. The
updated PFDIF program with the new recreation component is scheduled to take effect
on November 13, 2002. The proposed fee is $1,079 per single-family dwelling unit and
$771 per multi-family dwelling unit.
B. Parks
As referenced above, the Park Development Ordinance will be amended to remove
references to the major recreation facilities that will be funded through the PFDIF
program. Most significantly, as detailed in the report Park Acquisition and Deve/opment
(PAD) Fee, 2002 Update, the factors used to calculate the PAD fee are being updated.
November 12,2002
5-1
Chapter 5
Chula Vista Parks and Recreation Master Plan
First, the in-lieu fee for land acquisition, which was not adjusted since 1991, is being
increased from $217,800 per acre to $412,857 per acre, based on a recently completed
appraisal. Second, the construction cost estimate for basic neighborhood and
community park development is being increased from $302,253 to $334,679. It's
important to emphasize that park development costs do NOT include costs for the
acreage associated with the PFDIF-funded major recreation facilities. Lastly, the
person-per-household (PPH) factors are being increased by approximately 9%.
The revised PAD fees are expected to go into effect on November 13, 2002. These
fees will provide the funds necessary to construct the planned 70-acre community park
in the Otay Ranch. Future neighborhood parks will continue to be constructed directly
by the developers, with appropriate credits given against PAD fee obligations.
PAD fees collected to date as well as those to be collected will fund the major portion of
the costs for constructing the Sunbow, Rolling Hills, Eastlake and San Miguel Ranch
parks. However, these funds will need to be supplemented because (1) in some
instances the City will be purchasing acreage in addition to the developer obligation, in
order to expand park sizes; (2) additional costs will be required to develop this acreage
as well as to develop acreage contributed by developers in excess of their obligation;
and (3) PAD fees collected in the past did not fully cover park development costs due to
irregular fee updates. In the future, PAD fees will be updated on an annual basis.
The planned funding sources for community parks, as well as for the Sunbow neighbor
park which will house a community center, are detailed in the table below:
Park Park Fundina Source PFDIF Funded Facilitv
Sunbow Neiahborhood Park Prior developer aareement Communitv Center
Eastlake Trails Community Park Eastlake PAD Fees Gvmnasium
Developer Carryover Obliaation 1
Other developer contribution 2A
Non-aeneral fund contribution 3
Park Park Funding Source PFDIF Funded Facility
Rolling Hills Community Park Rollina Hills PAD fees Communitv Center
In-lieu PAD fees from other
developments
Other developer contribution 28
Non-aeneral fund contribution 3
San Miauel Ranch Communitv Park San Miauel Ranch PAD Fees
In-lieu PAD fees from other
developments
Other developer contribution 2C
City aeneral fund contribution 4
Otav Ranch Community Park PAD Fees (direct and In-lieu) AQuatics Complex
Communitv Center
1 For previous EasUake projects
2A Grading and slope development requirement; voluntary park contribution by developer (approximately
$547,000) in excess of their obligation
2B Site irrigation requirement
November 12, 2002
5-2
Chapter 5
Chula Vista Parks and Recreation Master Plan
2C Slope development requirement
3 Needed to offset inadequate PAD fee balances (e.g. for development of additional park acreage above
developer obligation). Sources include funds from Ayers agreement and City credits against various
PFDIF projects.
4 To purchase approximately 1.82 acres of additional parkland, above the developer obligation.
November 12,2002
5-3
Chapter 5
COUNCIL AGENDA STATEMENT
Page 1, Item 17
Meeting Date: 11/12/02
ITEM TITLE: A. A PUBLIC HEARING TO CONSIDER ADOPTION OF AN URGENCY
ORDINANCE AND A NEW ORDINANCE AMENDING CHAPTER 17.10
OF THE CHULA VISTA MUNICIPAL CODE, RELATING TO UPDATES
IN THE PARKS ACQUISITION AND DEVELOPMENT (PAD) FEES TO
PAY FOR VARIOUS PARK FACILITIES WITHIN THE CITY OF CHULA
VISTA.
B. A PUBLIC HEARING TO CONSIDER ADOPTION OF AN URGENCY
ORDINANCE AND A NEW ORDINANCE AMENDING CHAPTER 3.50
OF THE CHULA VISTA MUNICIPAL CODE RELATING TO UPDATES IN
THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEES (PFDIF) TO
PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA
VISTA.
C. AN URGENCY ORDINANCE NO. OF THE CITY OF CHULA
VISTA, CALIFORNIA, AMENDING CHAPTER 17.10 OF THE CHULA
VISTA MUNICIPAL CODE RELATING TO UPDATES IN THE PARKS
ACQUISITION AND DEVELOPMENT (PAD) FEES TO PAY FOR
PARKLAND ACQUISITION AND VARIOUS PARK FACILITIES WITHIN
THE CITY OF CHULA VISTA'S GENERAL PLAN AREA BOUNDARY.
D. AN ORDINANCE NO. OF THE CITY OF CHULA VISTA,
CALIFORNIA, AMENDING CHAPTER 17.10 OF THE CHULA VISTA
MUNICIPAL CODE RELATING TO UPDATES IN THE PARKS
ACQUISITION AND DEVELOPMENT (PAD) FEES TO PAY FOR
PARKLAND ACQUISITION AND VARIOUS PARK FACILITIES WITHIN
THE CITY OF CHULA VISTA'S GENERAL PLAN AREA BOUNDARY.
E. AN URGENCY ORDINANCE NO. OF THE CITY OF CHULA
VISTA, CALIFORNIA, AMENDING CHAPTER 3.50 OF THE CHULA
VISTA MUNICIPAL CODE RELATING TO UPDATES IN THE PUBLIC
FACILITIES DEVELOPMENT IMPACT FEES (PFDIF) TO PAY FOR
VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA'S
GENERAL PLAN AREA BOUNDARY.
F. AN ORDINANCE NO. OF THE CITY OF CHULA VISTA,
CALIFORNIA, AMENDING CHAPTER 3.50 OF THE CHULA VISTA
MUNICIPAL CODE RELATING TO UPDATES IN THE PUBLIC
FACILITIES DEVELOPMENT IMPACT FEES (PFDIF) TO PAY FOR
VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA'S
GENERAL PLAN AREA BOUNDARY.
G. A RESOLUTION NO. ADOPTING THE "PARK ACQUISITION
AND DEVELOPMENT FEE, 2002 UPDATE" AND THE "PUBLIC
FACILITIES DIF, NOVEMBER 2002 AMENDMENT".
REVIEWED BY:
Director of Budget and AnalYSi~
'It
City Manager q. V"i' (4/5ths Vote: Yes~ No---1
~c'
SUBMITTED BY:
/7-/
Page 2, Item 1
(,
Meeting Date: 11/12/02
BACKGROUND:
In April 2001, City Council increased the Park Acquisition and Development (PAD) Fees
for park development -- the first update to the PAD fee in ten years. The adjustment was
based not on actual park development costs but on general ten-year increases
according to the ENR building cost index. The PAD fee for parkland acquisition
remained at 1991 levels. Since 2001, actual park development costs have been
determined, potential parkland acreage has been re-appraised, and the impact of new
dwelling units has been updated -- all of which necessitate a PAD fee increase as
detailed in the "Park Acquisition and Development Fee, 2002 Update". While adequate
to provide basic neighborhood and community park development, the new PAD fee
structure will remain insufficient to build the array of major recreation facilities, such as
community centers and swim complexes, proposed in the "Parks and Recreation Master
Plan 2002 Update". As large capital projects, these major recreation facilities would be
more appropriately funded through a newly created Recreation component of the Public
Facilities DIF (PFDIF). In addition to the proposed new component, a number of other
changes to the existing PFDIF fee structure are proposed in the "Public Facilities DIF,
November 2002 Amendmenf', which will require a nominal fee increase.
RECOMMENDATION: That City Council adopt an urgency ordinance amending
Chapter 17.10 of the Chula Vista Municipal Code, to increase the Park Acquisition and
Development (PAD) fee and to remove references to major recreation facilities from
Chapter 17.10, effective for a period of thirty (30) days from the date of adoption; and
that City Council place a measure to adopt an ordinance amending Chapter 17.10 of the
Chula Vista Municipal Code on its first reading, to take effect and be in full force on the
sixtieth (60th) day from and after its second reading and adoption; and, furthermore, that
City Council adopt an urgency ordinance amending Chapter 3.50 of the Chula Vista
Municipal Code, to create a new Recreation· component of the Public Facilities Impact
Fee (PFDIF) to fund major recreation facilities; and that City Council increase the PFDIF
fee effective for a period of thirty (30) days from the date of adoption; and that City
Council place a measure to adopt an ordinance amending Chapter 3.50 of the Chula
Vista Municipal Code on its first reading, to take effect and be in full force on the sixtieth
(60th) day from and after its second reading and adoption; and that City Council adopt a
resolution adopting the "Park Acquisition and Development Fee, 2002 Update" and the
"Public Facilities DIF, November 2002 Amendmenf'.
BOARDS AND COMMISSIONS: A formal presentation was provided to the Parks and
Recreation Commission. Commissioners understood the necessity for the proposed
increase.
/1~f)-
Page 3, Item
Meeting Date:
17
11/12/02
DISCUSSION:
Chapter 17.10 of the Chula Vista Municipal Code, first adopted in 1971, details
requirements for parkland dedication, park improvements and the collection of in-lieu
fees (i.e., PAD fees) from developers of residential housing in subdivisions or in divisions
created by parcel maps, both east and west of Interstate 805. PAD fees cover parkland
acquisition and the cost of related capital items associated with parkland development,
including:
· Drainage Systems
· Street Improvements
· Lighted Parking Lots
· Concrete Circulation Systems
· Security Lighting
· Park Fixtures (drinking fountains, trash receptacles, bicycle racks,
etc.)
· Landscaping (including disabled accessible sUlfacing)
· Irrigation Systems
· Restrooms and Maintenance Storage
· Play Areas (tot lots, etc.)
· Picnic Shelters, Tables, Benches
. Utilities
· Outdoor Sports Venues (tennis courts, baseball/softball fields,
basketball courts, soccer fields, skateboard and roller blade venues)
In addition to parks-related items, a 1987 revision called for the dedication, within
community parks, of major recreation facilities to serve newly developing communities,
including:
· Community centers
· Gymnasiums
. Swimming pools
Historically, however, PAD fees have not been sufficient to construct these additional
large capital items. At this time, attempting to cover the estimated $31.8 million
construction cost to build the City's planned major recreation facilities as required in the
Parks and Recreation Master Plan would prohibitively increase the PAD fee, and/or
make it necessary to finance one or more of the projects. It is recommended instead
that, henceforth, major recreation facilities be funded not with PAD fees but through an
alternative mechanism - a newly created component of the Public Facilities DIF for
major recreation facilities. This arrangement will create a number of benefits. Utilizing
available PFDIF fund balances, the likelihood is greater that the City will be able to build,
as currently phased, planned major recreation facilities. In addition, it is less likely that
those facilities will incur financing charges due to the availability of PFDIF fund balances.
The development community also benefits. The proposed arrangement would reduce
developers' initial capital outlays by allowing developers to defer payment of applicable
dwelling unit fees from the final map to the much later pennit stage. PAD fees would
continue to be utilized to pay for parkland acquisition and development of the parks-
related facilities listed above, for which they were originally intended.
/1-3
Page 4, Item / 1
Meeting Date: 11/12/02
Proposed PAD Fee Increase
The current PAD fee schedule has been in effect since 1991, with a single adjustment by
City Council on April 3, 2001. The 2001 adjustment was based on a 10-year Building
Cost Index (BCI) percentage increase, as allowed for in Municipal Code Chapter 17.10.
Such an adjustment, however, could not account for actual increases in construction
costs, actual land values, and other local growth conditions. As detailed in the attached
report Park Acquisition and Development Fee, 2002 Update, the proposed increase in
the PAD fee is prompted by changes to those three factors. First, the in-lieu fee for land
acquisition has not been adjusted since 1991. The underlying land value has remained
at $217,800 per acre and only recently revalued by appraisal to $412,857 per acre.
Second, the construction cost estimate for basic neighborhood and community park
development (excluding major recreation facilities), has increased from $302,253 to
$334,679 per acre since 2001 (assuming a single family dwelling unit base). Third, the
current PAD fee is based on a persons per household (PPH) estimate established in
1987 and based on the 1980 census. Since that time, SANDAG data indicates that PPH
has increased from 3.22 to 3.52 to account for the greater proportion of 4- and 5-
bedroom single family homes in the'City and the resultant larger average household size
per dwelling unit. The City has seen a similar increase in multi-family PPH. The current
and proposed PAD fees are detailed in Table 1 below.
Table 1
Sinale Familv Multi-Familv
FEE Cu"ent ProDosed Cu"ent Proposed
Land $2,115 $4,346 $1,440 $3,225
Acouisition
Site $2,935 $3,523 $2,013 $2,615
Develooment
TOTAL $5,050 $7,869 $3,453 $5,840
Development projects which have received tentative map approval as of November 12,
2002 shall not be required to contribute additional park acreage based on the revised
persons per household factors cited above.
Proposed PFDIF Increase
On March 26, 2002, City Council adopted a new ordinance increasing the Public
Facilities DIF (PFDIF) from $2,618 to $4,888 per equivalent dwelling unit. Since that
time. staff have followed through on a Council directive to study the feasibility of creating
separate PFDIF allocations for four primary land use categories, similar to the
Transportation DIF - single family residential, multi-family residential, commercial, and
industrial. Principally utilizing service demand factors from the recently updated Fiscal
Impact of New Development (FIND) model, PFDIF fees were recalculated for the ten
existing project components plus a new fee calculated for the new recreation component
which will fund major recreation facilities situated within community parks. The current
and proposed PFDIF is detailed in Table 2 below. It is noteworthy is that the fee for
/7-'1
Page 5, Item / 7
Meeting Date: 11/12/02
industrial land uses declined significantly, from $20,860 per acre to $3,848 per acre.
Also, despite the addition of the new recreation component, overall fees for residential
and commercial land uses had only modest increases or actually decreased. This
resulted from a combination of factors, including higher than expected cash balances
(leading to higher earned interest offsets) and reductions in some component costs
(such as police) due to lower than anticipated financing costs.
Table 2.
Current Proposed
Land Use T~,pe Fee Fee
Single Family Dwelling $4,888 $5,048
Multi-Family Dwelling $4,888 $4,726
Commercial Acre $20,860 $20,764
Industrial Acre $20,860 $3,848
The fees, facility phasing schedules, and PFDIF cash reserves detailed in the Public
Facilities DIF, November 2002 Amendment are based on a specific rate of growth which,
if lower than projected, will require a reevaluation of those fees, facility phasing
schedules and cash reserves, it is staff's intent to provide Council with an analysis in
early 2003 of the impacts of varying rates of growth on fees, facility phasing and
operating revenues.
Prepayment of (PFDIF) fees
Developers will continue to have the opportunity to prepay Civic Center Expansion
component fees, at a reduced rate. Terms remain unchanged except for the final
prepayment date which has been moved to March 31, 2003. Funding for the police
facility project was obtained earlier this year and, thus, developers can no longer opt to
prepay this component.
The new recreation component of the PFDIF
The major capital items to be included in the new component are: community centers,
gymnasiums, swimming pools, and senior/teen centers. Based on the Parks and
Recreation Master Plan, 140,595 square feet of major recreation facilities will be
required to meet new development growth through buildout at a gross construction cost
of $31.8 million. Since the demand for major public recreation facilities is created by
residential development, facilities costs will not be spread to commercial/industrial
development
/
--/
Page 6, Item !
Meeting Date: 11112102
FISCAL IMPACT:
The PAD fee increase will provide the funds necessary to construct the planned 70-acre
community park in the Otay Ranch as well as funds for various neighborhood parks.
The revised fee will have only a minimal effect on the funding for the Sunbow, Eastlake
Trails, Rolling Hills and San Miguel Ranch community parks since these projects have
already paid all or most of their PAD fee obligation.
It is important to re-emphasize that the PFDIF program fees, facility phasing schedules,
and cash reserves are based on a specific rate of growth. If the actual rate of growth is
lower than projected, fee levels, facility phasing and cash reserves will need to be
reevaluated.
Facilities included in the new recreation component total $31.8 million, of which $29.9
million will come from fees collected through the PFDIF program and from direct
developer funding required by past agreements. The City and its major developers have
agreed to establish January 1, 2000 as the date for determining new development's
remaining obligation for recreational facilities. As part of the overall agreement with
developers concerning the new recreation component, the City will contribute $912,549
toward construction of the requisite facilities. In addition, under the terms of an
agreement originally entered into with the Eastlake Development Company in .1996, t.he~
City will be providing $1,015,043 to be used specifically for construction of the new
Eastlake gymnasium.
Lastly, as previously mentioned, the reduction in the financing costs for the new police
facility not only reduces the PFDIF debt obligation but the City's debt obligation as well.
Attachments
1. Park Acquisition & Development Fee, 2002 Update
2. Public Facilities DIF, November 2002 Amendment
THE ORDINANCES AND RESOLUTION FOR ITEM
NO. 17
A. URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING CHAPTER 17.10 OF
THE CHULA VISTA MUNICIPAL CODE RELATING TO
UPDATES iN THE PARKS ACQUISITION AND
DEVELOPMENT FEES TO PAY FOR PARKLAND
ACQUISITION AND VARIOUS PARK FACILITIES WITHIN
THE CITY OF CHULA VISTA'S GENERAL PLAN AREA
BOUNDARY
B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHAPTER 17.10 OF THE
CHULA VISTA MLrNICIPAL CODE RELATING TO UPDATES
IN THE PARKS ACQUISITION AND DEVELOPMENT FEES
TO PAY FOR PARKLAND ACQUISITION AND VARIOUS
PARK FACILITIES WITHIN THE CITY OF CHULA VISTA'S
GENERAL PLAN AREA BOUNDARY
C. URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING CHAPTER 3.50 OF THE
CHULA VISTA MUNICIPAL CODE RELATING TO UPDATES
IN THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEES
TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE
CITY OF CHULA VISTA'S GENERAL PLAN AREA
BOUNDARY
D. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHAPTER 3.50 OF THE CHULA
VISTA MUNICIPAL CODE RELATING TO UPDATES IN THE
PUBLIC FACILITIES DEVELOPMENT IMPACT FEES TO
PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY
OF CHULA VISTA'S GENERAL PLAN AREA BOUNDARY
E. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING THE PARK ACQUISITION AND
DEVELOPMENT FEE, 2002 UPDATE AND THE PUBLIC
FACILITIES DEVELOPMENT IMPACT FEE, NOVEMBER
2002 AMENDMENT
WILL BE DELIVERED UNDER SEPARATE COVER
FRIDAY, NOVEMBER 8, 2002
/7"7
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA,
AMENDING CHAPTER 17.10 OF THE CHULA VISTA MUNICIPAL
CODE RELATING TO UPDATES IN THE PARKS ACQUISITION
AND DEVELOPMENT (PAD) FEES TO PAY FOR PARKLAND
ACQUISITION AND VARIOUS PARK FACILITIES WITHIN THE
CITY OF CHULA VISTA'S GENERAL PLAN AREA BOUNDARY
WHEREAS, in April 2001, the City Council of the City of Chula Vista
adopted Resolution No. 2001-091, increasing the Parks Acquisition and
Development (PAD) Fee from $2,260 to $2,934 per single family dwelling unit;
and
WHEREAS, cost estimates to develop the needed public parklands and
park facilities have been updated; and
WHEREAS, the cost to acquire suitable parkland has been updated; and
WHEREAS, the average number of people occupying new households
has increased, placing a greater impact on parks and recreation usage; and
WHEREAS, PAD fees have historically been insufficient to construct large
recreation facilities such as community centers, gymnasiums, and swimming
pools; and
WHEREAS, the fees are solely based upon that portion of project costs
which are attributable to new development; and
WHEREAS, the fee increase was developed in conjunction with
developers and the Building Industry Association (BIA); and
WHEREAS, the City Council adopted the Parks and Recreation Master
Plan by Resolution , on November 12, 2002;
NOW, THEREFORE, the City Council of the City of Chula Vista does
ordain as follows:
SECTION 1. That the existing Ordinance Nos. 2243, 2506, 2592
and 2616 are hereby superseded, and a new Chapter 17.10 is
hereby added to the Chula Vista Municipal Code to read as follows:
PARKLANDS AND PUBLIC FACILITIES
Sections:
17.10.010 Dedication of land and development of improvements for park and
recreational purposes.
17.10.020 Determination of park and recreational requirements benefiting regulated
subdivisions.
17.10.030 Application.
17.10.040 Area to be dedicated - Required when -Amounts for certain uses.
17.10.050 Park development improvements - Specifications
17.10.060 Criteria for area to be dedicated
17.10,070 In-lieu fees for land dedication and/or park development improvements.
17.10.080 Limitation on use of land and/or fees.
17.10.090 Commencement of park development.
17.10.100 Collection and distribution of fees.
17.10.110 Periodic review and amendment authorized
17.10.010 Dedication of land and development of improvements for park and
recreational purposes,
Pursuant to the authority granted by Section 66477 of the Government Code of the
state, every subdivider shall, for the purpose of providing neighborhood and community
park and recreational facilities directly benefiting and serving the residents of the
regulated subdivision, dedicate a portion of the land and develop improvements thereon
or in lieu thereof pay fees for each dwelling unit in the subdivision, or do a combination
thereof, as required by the city in accordance with this chapter. The dedication,
improvement, or payment of fees in lieu thereof or combination thereof shall be
applicable to all residential subdivisions of any type allowed under the various and
several residential zones of the city and shall be in addition to any residential
construction tax required to be paid pursuant to Chapter 3.32 CVMC. (Ord. 2243 § 1,
1987; Ord. 1806 § 1, 1978; Ord. 1668 § 1, 1976).
17.10.020 Determination of park and recreational requirements benefiting
regulated subdivisions.
The park and recreational facilities for which dedication of land and improvements
thereon
and/or payment of a fee is required by this chapter shall be those facilities as herein set
forth in CVMC 17.10,050 and as generally set forth in the Parks and Recreation Master
Plan and in the park and recreational element of the general plan of the city adopted by
Resolution No. 3519 on September 22, 1964, and as thereafter amended. (Ord. 2243 §
1, 1987; Ord. 1668 § 1, 1976).
17.10.030 Application.
The provisions of this chapter shall apply to all subdivisions and divisions created by
parcel maps, excepting there from industrial and completely commercial subdivisions
and those subdivisions or divisions of land for which tentative subdivision or parcel maps
2
J:~Attomey\Ordinance\PAD Ordinance 1.doc
have been filed within 30 days after the effective date of this chapter. (Ord. 1858 §
1,1979; Ord. 1806 § 1, 1978; Ord. 1668 § 1, 1976).
17.10.040 Area to be dedicated - Required when - Amounts for certain uses.
The amount of parkland dedication required, in accordance with CVMC 17.10.010
through 17.10.110, is based on a standard of three acres per 1,000 people and shall be
offered at the time of filing of the final map. The area to be dedicated shall be as follows:
A. Single-family dwelling units jncludng~ng~ f_a~Jl~d~tac_ ~hed homes and
detached condominiums,~ 3 22:~5~ persons per dwelling unit, -!.23~60
square feet per unit, or one acre per 103 9~ units;
r. n,,,., ....o .~ ~ .......... .~,.,~,,; ..... ;* '~o~ .......feet pe unit
.... ,- ........... ,- ....... ,- ........... = ....... r or one
acre per 134 units;
B. Multiple-family dwelling units, inchJding attaQhed condominiums, townhouses,
dgplexe~, tripl~xp~=~nd ~partment~, 2.2~i ~.61 per~o~ per dw~lling~it, 26~
34~: square feet per unit, or one acre per 151:~'1~ units;
E C. Mobiiehomes, 1.64 persons per dwelling unit, 215~4 square feet per unit, or
one acre per 203 units;
F D. Residential and transient motels/hotels, 1.50 persons per dwelling unit, 196
square feet per unit, or one acre per 222 units. (Ord. 2243 § 1, 1987;Ord.
1806 § 1, 1978; Ord. 1668 § 1, 1976).
Development projects wh ch have reca ved tentat ve map approva as of November 12,
2002, sha not be regu red to contr bute add t ona acreage based on the rev sed
Per~gg~ per dwe ng~Ctocs ~:set fpd~ ~bove
17.10.050 Park development improvements -Specifications.
In addition to the dedication of land as required in CVMC 17.10.040, it shall be the
responsibility of the subdivider to develop all or a portion of such land for neighborhood
or community park purposes to the satisfaction of the director of '
bgi!ding and~ark construction. All parks shall include, to the satisfaction of the city, the
following elements; meet the following minimum standards; and will be designed,
developed, and maintained in accordance with the requirements of the city landscape
manual and theChu!a Vista Parks and Recreation~MasLe~r Plan:
A. Grading shall be in accordance with the grading ordinance, street design
manual, [b~Chula Vista Parks and Re~reation~aster Plap, and the city
landscape manual.
B. Improvements that may be required by the city may include: 1. Drainage system.
2. Street improvements.
3. Parking lot with lighting.
4. Concrete circulation system.
5. Security lighting system.
3
J:~Attorney\Ordinance\PAD Ordinance 1.doc
6. Park fixtures, including, but not limited to identification and informational
signage, picnic tables, benches, trash receptacles, hot ash containers
drinking fountains and bike racks, shall be provided and installed.
7. Landscaping, including trees, shrubs, ground cover, and turf.
8. Automatic irrigation system.
9. Restroom/maintenance facility.
10. Play areas, with equipment for preschoolers and primary school-age
children, shall be installed. Disabled individual accessible surfacing shall be
installed.
11. One ~ picnic shelter [~ble shall be provided for every 1,000
people. Half of reguired number of picnic tables shall be provided under a
shelter.
12. The following sports facilities (night lighting may be required for all of the
following):
a. One tennis court shall be provided for every 2,000 3,200 people.
b. One basebal[/soffba!! ~ganized Adult) field shall be provided for
every 5,000 !2,~00 people.
c. One baseball (O~_anized Youth) field shall be provided for every
4~400 people.
d. One baseball (Practice/Informal) field shall be provided for every
3,300~e~ople~
e. One softball field EOr.qanized Adult) shall b_e provided for every
7,900 people.
f. One softball field (Organized Youth) shall be provided for every
12,700 people,
g. One softball field (Practice/Informal) shall be provided for every
2,850 pe~!_e=
¢.h. One basketball court shall be provided for every 5,000 2,!50
people.
d. i. One soccer field (_Organized Games) shall be provided for every
!8¢88 5,400 people.
j. One soccer field (Practice/informal) shall be provided for ever}, 2,450
people_.
C. All utilities shall be extended to the property line.
.................. · ........... ~, ............ , _~,~ square
parks. (Ord. 2616 § 2, 1994; Ord. 2243 § 1, 1987; Ord. 1668 § 1, 1976).
17.10.060 Criteria for area to be dedicated.
Acceptance of land for parkland is at the city council's discretion, and in exercising its
discretion, the council may consider the following criteria, in addition to any other the
council considers - relevant:
4
J:~Attomey\Ordinance\PAD Ordinance 1.doc
A. Topography, soils, soil stability, and drainage location of land in subdivision
available for dedication.
B. Size and shape of the subdivision and land available for dedication.
C. Physical relationship of the site to the surrounding neighborhood.
D. Location of the site with regard to accessibility to the residents of the
neighborhood and its contribution to neighborhood security.
E. The amount, usability, and location of publicly owned property available for
combination with dedicated lands in the formation of public park and recreation
facilities.
F. Recommendation of the parks and recreation commission. An offer of
dedication may be accepted or rejected by the city council.
G. Consistency with the goa s and policies contained in the Chula Vista Parks and
Recreation Master Plan. (Ord. 2243 § 1, 1987; Ord. 1961 § 1, 1982; Ord. 1668
§ 1, 1976), "
17.10.70 In-lieu fees for land dedication and/or park development improvements.
A. In-Lieu Fees for Land Dedication. If, in the judgment of the city, suitable lam
does not exist within the subdivision, or for subdivisions containing 50 lots or less, the
payment of fees in lieu of land shall be required. In such cases, the required fee(s) shall
be based on the area to be dedicated as set forth in CVMC 17.10.040. HoNever, when a
condominium project, stock cooperative or community apartment project exceeds 50
dwelling traits, dedication of land may be required notwithstanding that the number of
parcels may be less than 50.
Where the city deems that a combination of dedication and payment, as provided in
this chapter, would better serve the public and the park and recreation needs of the
future residents of a particular subdivision, it may require such combination; provided,
however, the city council may, by resolution, waive all or any portion of said dedication
or in-lieu fee requirements in the interests of stimulating the construction of housing for
Iow- and moderate-income families.
Residential motels and hotels and transient motels and hotels shall be required to
deposit the required fee(s)in lieu of dedication of land.
B. In-Lieu Fees for Park Development Improvements. If, in the judgment of the
city, suitable land does not exist within the subdivision, or for subdivisions
containing 50 lots or less, the payment of fees in lieu of developing
improvements shall be required. In such cases, the amount of the required
fee(s) shall be based on the improvements required in CVMC 17.10.050.
However, when a condominium project, stock cooperative or community
apartment project exceeds 50 dwelling units, improvements may be required
notwithstanding that the number of parcels may be less than 50.
Where the city deems that a combination of improvements and payment, as provided
in this chapter, would better serve the public and the park and recreation needs of the
future residents of a particular subdivision, it may require such combination; provided,
however, the city council may, by resolution, waive all or any portion of said
improvements or in-lieu fee requirements in the interests of stimulating the construction
of housing for Iow- and moderate-income families.
5
J:~Attorney\Ordinance\PAD Ordinance 1.doc
In the event the city determines that the improvement of the parkland shall be
delayed for a substantial period of time after the parkland has been dedicated, the
subdivider shall not be required to install such improvements, but instead shall pay the
required fee(s) for the value of improvements required in CVMC 17.10.050.
Residential motels and hotels and transient motels and hotels shall be required to
deposit the required fee(s) in lieu of park development improvements. (Ord. 2506 § 1,
1992; Ord. 2243 § 1, 1987;Ord. 1961 § 1, 1982; Ord. 1668 § 1, 1976).
17.10.080 Limitation on use of land and/or fees.
The amount of land, improvements or in-lieu fees, or combination thereof, received
under this chapter shall be used for the purpose of providing neighborhood and
community park and recreational facilities to serve the subdivision for which received.
The amount and location of the land or in-lieu fees, or combination thereof, shall bear a
reasonable relationship to the use of the park and recreational facilities by the future
inhabitants of the subdivision. (Ord. 2243 § 1, 1987; Ord. 1668 § 1, 1976).
17.10.090 Commencement of park development.
The city will acquire land for park purposes within a subdivision as soon as sufficient
funds are available. Any fees collected under this chapter shall be committed within five
years after the payment of such fees or the issuance of building permits on one-half of
the lots created by this subdivision, whichever occurs later. (Ord. 2243 § 1, 1987; Ord.
1668 § 1, 1976).
17.10.100 Collection and distribution of fees,
A. In Prior to the recordation by the city of a final subdivision map or recordation
by the city of a parcel map or release of either a final subdivision map or parcel
map to a developer for recordation, any required fees shall have been paid to the
city unless an agreement has been entered into between city, approved by the
city council, and the map applicant providing for the subsequent payment of the
fee, but in no event later than 60 days after map approval. Said agreement shall
provide that such payment shall be, to the satisfaction of the city manager and
city attorney, adequately secured by sufficient surety or letter of credit, and shall
further provide for interest from date of final map approval at city' s average
earnings rates, computed and compounded quarterly, experienced by the city on
its average investments (as determined by the city) ("base interest rate"), for the
first 60 days after map approval, and thereafter at the base interest rate plus two
percentage points until paid, together with any attorney fees and costs incurred
in enforcing said agreement. Notwithstanding any other provision of law, the
city may withhold final or interim inspection of units for which building permits
may have been issued and may withhold issuance of additional building
permits, certificates of occupancy if applicable, or any other processing of
entitlements on any property or improvements included within the territory of
the map so approved or otherwise owned by applicant, until the required fees
6
JSAttorney\Ordinance\PAD Ordinance 1.doc
are received by the city. Any land to be contributed for the purposes outlined in
this chapter shall be dedicated to the city and shown on the final subdivision or
parcel map at the time of approval. The director of finance shall be responsible
for the collection and distribution of fees as set forth in this chapter. Fees
r,..,no ~ ......... *~'° s'~ty s.h.a!! ha;'e .ko ~'~;'2,' *" o~,m c ........ *~ ~'~*' ..... the
B. Planned developments shall be eligible to receive a credit as determined by
the city council, against the amount of land required to be dedicated, or the
amount of the fee imposed, for the value of private open space within the
development which is usable for active recreational uses. Such credit, if given,
shall be determined on a case-by-case basis. (Ord. 2592 § t, 1994; Ord. 2243
§ 1, 1987; Ord. 1668 § 1, 1976).
17.10.110 Periodic review and amendment authorized.
Costs, population density, and local conditions change over the years, and the specified
formula for the payment of fees for acquisition of park sites as stated in this chapter is
subject to periodic review and amendment by the city council (Ord. 1668 § 1, 1976).
SECTION 2: 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
law.
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.
Presented by Approved as to form by
Cheryl Fruchter John Kaheny
Director of Budget and Analysis City Attorney
7
J:~Attorney\Ordinance\PAD Ordinance 1.doc
17d-7
ORDINANCE NO.
AN URGENCY ORDINANCE OF THE CITY OF CHULA VISTA,
CALIFORNIA, AMENDING CHAPTER 17.10 OF THE CHULA VISTA
MUNICIPAL CODE RELATING TO A DEVELOPMENT IMPACT FEE
TO PAY FOR PARK ACQUISITION AND DEVELOPMENT WITHIN
THE CiTY OF CHULA VISTA'S GENERAL PLAN AREA
BOUNDARY
WHEREAS, the City Council is placing an ordinance on its first reading
which will increase the development impact fee to finance public facilities within
the City of Chula Vista; and
WHEREAS, pursuant to Government Code Section 66017(a), the fees
increased by that ordinance will not become effective until sixty (60) days after its
second reading; and
WHEREAS, developments in the City which will impact various parks will
be applying for final map approval during the interim period before the
development impact fee increase becomes effective; and
WHEREAS, Government Code Section 66017(b) authorizes the City to
adopt an interim fee as an urgency measure upon making a finding describing
the current and immediate threat to the public health, welfare, and safety; and
WHEREAS, state law requires said urgency ordinance to be adopted by a
four-fifths vote; and
WHEREAS, cost estimates to develop the needed public parklands and
park facilities have been updated; and
WHEREAS, the cost to acquire suitable parkland has been updated; and
WHEREAS, the average number of people occupying new households
has increased; placing a greater impact on parks and recreation usage; and
WHEREAS, Park Acquisition and Development fees have historically been
insufficient to construct large recreation facilities; and
WHEREAS, the City Council adopted the Parks and Recreation Master
Plan by Resolution , on November 12, 2002;
NOW, THEREFORE, the City Council of the City of Chula Vista does
ordain as follows:
1
SECTION 1: Findinqs
The City Council finds that developers of land within Chula Vista's General
Plan area boundary should be required to mitigate the burden created by
development through the payment of an impact fee for acquisition of public
parkland and development of public park facilities within the boundaries of the
development and for public facilities outside the boundaries of the development
which are needed to provide service to the development in accordance with City
standards; and
The City Council finds, after consideration of the evidence presented to it
including the "Park Acquisition & Development Fee, 2002 Update", that certain
amendments are necessary in order to assure that there are sufficient funds
available to finance the facilities necessary to maintain public service levels; and
The City Council finds, based on the evidence presented at the meeting,
the City's General Plan, the City's Parks & Recreation Master Plan, and the
various reports and information received by the City Council in the ordinary
course of its business, that the imposition of park acquisition and development
fees on all development for which final map approval has 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 public park facilities.
SECTION 2: Finding of Urgency
That the City Council of the City of Chula Vista finds that it is necessary
that its development impact fee for public parks go into effect immediately in
order that all developers of properties in the City pay their fair share of the cost of
public parks improvements relating to the impacts caused by their development.
Immediate implementation of this fee is necessary due to the current and
immediate threat to the public welfare that will result should there be a shortfall in
the amount of money necessary to pay for the various public park facilities
thereby resulting in a decline in service levels. The City Council finds that the
prospect of a shortfall, inadequacy of park facilities for the public welfare and
concerns about an increased charge to remaining property owners constitutes a
current immediate threat to the public health, welfare and safety justifying the
immediate imposition of this fee.
SECTION 3: That Sections 17.10.020, 17.10.040, 17.10.050, 17.10.060
and 17.10.100 of the Chula Vista Municipal Code shall be amended to read as
follows:
2
17.10.020 Determination of park and recreational
requirements benefiting regulated subdivisions.
The park and recreational facilities for which dedication of
land and improvements thereon and/or payment of a fee is required
by this chapter shall be those facilities as herein set forth in CVMC
17.10.050 and as generally set forth in the Parks and Recreation
Master Plan and in thepark and recreational element of the general
plan of the city adopted by Resolution No. 3519 on September 22,
1964, and as thereafter amended. (Ord. 2243 § 1, 1987; Ord. 1668
§ 1, 1976).
17.10.040 Area to be dedicated - Required when - Amounts
for certain uses.
The amount of parkland dedication required, in accordance
with CVMC 17.10.010 through 17.10.110, is based on a standard of
three acres per 1,000 people and shall be offered at the time of
filing of the final map. The area to be dedicated shall be as follows:
A. Single-family dwelling units, includino sinole family detached
homes and detached condominiums, 3~22 3.52 persons per
dwelling unit, 423 46~0 square feet per unit, or one acre per 103 9~5
units;
..vv square ~"-'*
~ ........ cron: ....... !!9 units;
· --~- ........... ~- ....... ,. ........... ~ ..... , .... .~ ........ ~.v, unit, or
one acre per 134 units;
B. Multiple-family dwelling units, includino attached condominiums~
townhouses, duplexes, triolexes and apartments. 2.21 2.6~1 persons per
dwelling unit, 288 34. 1 square feet per unit, or one acre per 151_128 units;
E-C. Mobilehomes, 1.64 persons per dwelling unit, 21521~4 square feet per
unit, or one acre per 203 units;
F~D_. Residential and transient motels/hotels, 1.50 persons per dwelling unit,
196 square feet per unit, or one acre per 222 units. (Ord. 2243 § 1,
1987;Ord. 1806 § 1, 1978; Ord. 1668 § 1, 1976).
Development proiects which have received tentative mad approval
as of November 12.2002. shall not be re(]uired to contribute
additional acreage based on the revised persons per dwellinq
factors as set forth above.
3
'17.10.050 Park development improvements -Specifications.
In addition to the dedication of land as required in CVMC
17.10.040, it shall be the responsibility of the subdivider to develop
all or a portion of such land for neighborhood or community park
purposes to the satisfaction of the director of ~
building.an~d park construction. All parks shall include, to the
satisfaction of the city, the following elements; meet the following
minimum standards; and will be designed, developed, and
maintained in accordance with the requirements of the city
landscape manual and the Chula Vista Parks and Recreation
Master Plan:
A. Grading shall be in accordance with the grading ordinance,
street design manual, the Chula Vista Parks and Recreation
Master Plan,_and the city landscape manual.
B. Improvements that may be required by the city may include:
1. Drainage system.
2. Street improvements.
3. Parking lot with lighting.
4. Concrete circulation system.
5. Security lighting system.
6. Park fixtures, including, but not limited to identification
and informational signage, picnic tables, benches, trash
receptacles, hot ash containers drinking fountains and bike
racks, shall be provided and installed.
7. Landscaping, including trees, shrubs, ground cover, and turf.
8. Automatic irrigation system.
9. Restroom/maintenance facility.
10. Play areas, with equipment for preschoolers and primary
school-age children, shall be installed. Disabled individual
accessible surfacing shall be installed.
11. One large~ picnic shelter table shall be provided for every
! ,000 60~0_ people. Half of required number of picnic tables shall be
provided under a shelter.
12. The following spor~s facilities (night lighting may be required
for all of the following):
a. One tennis court shall be provided for every 2,000 3,200
people.
b. One basebal!/softba!! (Organized Adult) field shall be
provided for ~ nnn
every ..... 12,200 people.
c. One baseball (Organized Youth) field shall be provided
for every 4,400 people_.
d. One baseball (Practice/Informal) field shall be provided
for every 3,300 people.
4
e. One softball field (Organ zed Adult) shall be prOvided for
every 7,900 people.
f. One softball field (Organized Youth) shall be provided for
every 12,700 people.
g. One softball field (Practice/informal) shall be provided for
every 2,850 people.
G.h. One basketball court shall be provided for every 5,000
2,150 people.
~l._i. One soccer field (Organ zed Games) shall be provided for
every !0,000 5,400 people.
One soccer field (Practice/informal) shall be provided for
every 2,450 people.
C. All utilities shall be extended to the property line.
.... ~, ..... +,,,,~,~,~ !,,. ,~,~i,~s~,,,,h,,,,,~ r.-,ks. (Ord. 2616 § 2,
1994; Ord. 2243 § 1, 1987; Ord. 1668 § 1, 1976).
17.10.060 Criteria for area to be dedicated.
Acceptance of land for parkland is at the city council's
discretion, and in exercising its discretion, the council may consider
the following criteria, in addition to any other the council considers -
relevant:
A. Topography, soils, soil stability, and drainage location of land in
subdivision available for dedication.
B. Size and shape of the subdivision and land available for
dedication.
C. Physical relationship of the site to the surrounding neighborhood.
D. Location of the site with regard to accessibility to the residents of
the neighborhood and its contribution to neighborhood security.
E. The amount, usability, and location of publicly owned property
available for combination with dedicated lands in the formation of
public park and recreation facilities.
F. Recommendation of the parks and recreation commission. An
offer of dedication may be accepted or rejected by the city council.
5
G. Consistency with the qoals and policies contained in the Chula
Vista Parks and Recreation Master Plan. (Ord. 2243 § 1, 1987;
Ord. 1961 § 1, 1982; Ord. 1668 § 1, 1976).
17.10.100 Collection and distribution of fees.
A. Prior to the recordation by the city of a final subdivision map
or recordation by the city of a parcel map or release of either a final
subdivision map or parcel map to a developer for recordation, any
required fees shall have been paid to the city unless an agreement
has been entered into between city, approved by the city council,
and the map applicant providing for the subsequent payment of the
fee, but in no event later than 60 days after map approval. Said
agreement shall provide that such payment shall be, to the
satisfaction of the city manager and city attorney, adequately
secured by sufficient surety or letter of credit, and shall further
provide for interest from date of final map approval at city' s
average earnings rates, computed and compounded quarterly,
experienced by the city on its average investments (as determined
by the city) ("base interest rate"), for the first 60 days after map
approval, and thereafter at the base interest rate plus two
percentage points until paid, together with any attorney fees and
costs incurred in enforcing said agreement. Notwithstanding any
other provision of law, the city may withhold final or interim
inspection of units for which building permits may have been issued
and may withhold issuance of additional building permits,
certificates of occupancy if applicable, or any other processing of
entitlements on any property or improvements included within the
territory of the map so approved or otherwise owned by applicant,
until the required fees are received by the city. Any land to be
contributed for the purposes outlined in this chapter shall be
dedicated to the city and shown on the final subdivision or parcel
map at the time of approval. The director of finance shall be
responsible for the collection and distribution of fees as set forth in
this chapter, r- ..... n,.,.+o,~ ~ .... ;~,~.h,..~,,-.,-.,~ o,.,~ ....... ~, ..... ~.o
B. Planned developments shall be eligible to receive a credit as
determined by the city council, against the amount of land required
to be dedicated, or the amount of the fee imposed, for the value of
private open space within the development which is usable for
active recreational uses. Such credit, if given, shall be determined
on a case-by-case basis. (Ord. 2592 § 1, 1994; Ord. 2243 § 1,
1987; Ord. 1668 § 1, 1976).
SECTION 5: Expiration of this ordinance
This ordinance shall be of no further force and effect 30 days after its
adoption.
SECTION 6: 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
law.
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 7: Effective Date
This Ordinance shall become effective immediately upon four-fifths vote.
Presented by Approved as to form by
Cheryl Fruchter John M. Kaheny
Director of Budget and Analysis City Attorney
7
J:~Attorney\Ordinance\PAD Urgency Ord 1.doc
ORDINANCE NO.
AN URGENCY ORDINANCE OF THE CITY OF CHULA VISTA,
CALIFORNIA, AMENDING CHAPTER 3.50 OF THE CHULA VISTA
MUNICIPAL CODE RELATING TO A DEVELOPMENT IMPACT FEE
(PFDIF) TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE
CITY OF CHULA VISTA'S GENERAL PLAN AREA BOUNDARY
WHEREAS, the City Council is placing an ordinance on its first reading
which will increase the development impact fee to finance public facilities within
the City of Chula Vista; and
WHEREAS, pursuant to Government Code Section 66017(a), the fees
increased by that ordinance will not become effective until sixty (60) days after its
second reading; and
WHEREAS, developments in the City which will impact various public
facilities will be applying for building permits during the interim period before the
development impact fee increase becomes effective; and
WHEREAS, Government Code Section 66017(b) authorizes the City to
adopt an interim fee as an urgency measure upon making a finding describing
the current and immediate threat to the public health, welfare, and safety; and
WHEREAS, state law requires said urgency ordinance to be adopted by a
four-fifths vote; and
WHEREAS, cost estimates for the current list of needed public facilities
have been updated; and
WHEREAS, a new Recreation component of the PFDIF will include
funding for major recreation facilities such as community centers, gymnasiums,
and swimming pools; and
WHEREAS, separate PFDIF allocation factors have been derived for four
land use categories; and
WHEREAS, the City Council adopted the Parks and Recreation Master
Plan by Resolution , on November 12, 2002;
NOW, THEREFORE, the City Council of the City of Chula Vista does
ordain as follows:
SECTION 1: Findinqs
The City Council finds that developers of land within Chula Vista's General
Plan area boundary should be required to mitigate the burden created by
development through the payment of an impact fee for construction of public
17E-t
facilities within the boundaries of the development and for public facilities outside
the boundaries of the development which are needed to provide service to the
development in accordance with City standards; and
The City Council finds that the legislative findings and determinations set
forth in Ordinance No. 2855 continue to be true and correct; and
The City Council finds, after consideration of the evidence presented to it
including the "Public Facilities DIF, November 2002 Amendment", that certain
amendments are necessary in order to assure that there are sufficient funds
available to finance the facilities necessary to maintain public service levels; and
The City Council finds, based on the evidence presented at the meeting,
the City's General Plan, the City's Parks & Recreation Master Plan, and the
various reports and information received by the City Council in the ordinary
course of its business, that the imposition of public facilities impact fees on all
development 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 public facilities.
SECTION 2: Findinq of Urgency
That the City Council of the City of Chula Vista finds that it is necessary
that its development impact fee for public facilities go into effect immediately in
order that all developers of properties in the City pay their fair share of the cost of
public facilities improvements relating to the impacts caused by their
development. Immediate implementation of this fee is necessary due to the
current and immediate threat to public safety that will result should there be a
shortfall in the amount of money necessary to pay for the various public facilities
thereby resulting in a decline in police and fire service levels. The City Council
finds that the prospect of a shortfall, inadequacy of public safety facilities and
concerns about an increased charge to remaining property owners constitutes a
current immediate threat to the public health, welfare and safety justifying the
immediate imposition of this fee.
SECTION 3: That Sections 3.50.010, 3.50.020, 3.50.030,3.50.050,
3.50.060, 3.50.090, 3.50.140 and 3.50.150 of the Chula Vista Municipal Code
shall be amended to read as follows:
3.50.010 General Intent.
The city's general plan land use and public facilities elements require that
adequate public facilities be available to accommodate increased population
created by new development within the city of Chula Vista.
The city council has determined that new development will create adverse
impacts on the city's existing public facilities which must be mitigated by the
financing and construction of certain public facilities which are the subject of this
chapter. New development contributes to the cumulative burden on these public
facilities in direct relationship to the amount of population generated by the
development or the gross acreage of the commercial or industrial land in the
development.
The city council has determined that a reasonable means of financing the
public facilities is to charge a fee on all developments in the city of Chula Vista.
Imposition of the public facilities development impact fee on all new development
for which building permits have not yet been issued is necessary in order to
protect the public safety and welfare thereby ensuring ~ effective
implementation of the city's general plan.
3.50.020 Definitions.
For the purposes of this chapter, the following words or phrases shall be
construed as defined in this section, 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 as adopted by reference by this city.
B. "Developer" means the owner or developer of a development.
C. "Development permit" means any discretionary permit, entitlement or
approval for a development project issued under any zoning or subdivision
ordinance of the city.
D. "Development project" or "development" means any activity described as
the following:
o Any new residential dwelling unit developed on vacant land;
o Any new commercial/office or industrial development constructed
on vacant land;
o Any expansions to established developments or new developments
on non-vacant land in those land use categories listed !,", ! ~,-,d 2
above, if the result is a net increase in EDUs dwellino unit~s. The
fee shall be based solely on this net EDUdwellino unlit_ increase.
o Any new or expanding special land use project;
o Any special purpose project developed on vacant land or non-
vacant land, or expanded within a pre-existing site, if the result is a
net increase in EDUs dwelling units. The fee shall be based solely
on this net EDUdwellinq unij increase.
3
o Any other development project not listed above but described in
Section 65927 and 65928 of the State Government Code.
E. "Community purpose facility" means a facility which serves one of the
following purposes:
1. Social service activities, including such services as Boy Scouts and
Girl Scouts, Boys and Girls Club, Alcoholic Anonymous and
services for the homeless;
2. Public schools;
3. Private schools;
4. Daycare;
5. Senior care and recreation;
6. Worship, spiritual growth and development;
F. "Special land use" means any non-residential, non-commercial/office or
non-industrial development project (e.g., Olympic Training Center,
hospitals, utilities), or non-special purpose project.
G. "Special purpose project" means any for-profit community purpose facility
(e.g. daycare).
H. "Engineer report" refers to the April 20, 1993 "development impact fees for
public facilities" report.
I. "Extraordinary project cost increases" means increases resulting from
costs that could not have been reasonably foreseen at the time a project
budget was established.
J. "Extraordinary EDU=EDU dwellinq unit change" means an increase or
decrease in the number of remaining
plannedequivalent~ residential dwelling units (EDUs) o~r
commercial/industrial acres for which building permits have not yet been
pulled, which changes the existing total by more than 2,000 dwelling units
or 200 commercial/industrial acres EDUs. (Ord 2855'1,2002).
3.50.030 Public Facilities to be Financed by the Fee.
A. The public facilities ("facilities"), which are the subject matter of the fee,
include buildings, equipment and related one-time start-up costs or
portions thereof, as detailed in Subsection C below and in the engineer
report on file in the office of the city clerk.
4
B. The city council may modify or amend this list of facilities by written
resolution in order to maintain compliance with the city's general plan or
the capital improvement program.
C. The facilities are as follows:
1. Civic Center Expansion
2. Police Department Facilities and Equipment
3. Corporation Yard Relocation/Expansion
4. Library System Expansion
5. Fire Suppression System Expansion
6. Geographic information system expansion;
7. Computer system expansion;
8. Telecommunication system expansion;
9. Records management system expansion.
10. Maior recreation facilities (community centers, gymnasiums,
swimminq pools).
(Ord 2855'1,2002).
3.50,050 Establishment of Fee.
A development impact fee ("fee"), *"
-----.....~'~'"°n; ..... ,..,,~* f,,,-r~ --v ~''~, b~sls, is hereby established to pay for the facilities within
the territory. The fee shall be paid upon the issuance of building permits for each
development project within the city of Chula Vista, except that, at the discretion of
the city manager, a developer may prepay all or part of civic center expansion
~ fees that would be applicable to the developer's future
development projects. Prepayment would occur at the then current rate;
however, the developer has sole responsibility for paying subsequent fee
increases resulting from (1) "extraordinary project cost increases", (2) normal
annual adjustments in the Consumer Price Index (CPI) or Building Construction
Index (BCI), or (3) "extraordinary EDU dwelling unit changes". (Ord 2855'1,
2002).
3.50.060 Determination of Fees by Land Use Category Equivale~
.......... ~ ......... ~ .................. =, .... ~ ......... · ............... lng,
per Gross =cre cf !~nd. Development impact fees for single family, multi-family,
commercial and industrial land uses shall be based on the demand for se~ice
generated by that land use, for each public facility set fo~h in CVMC 3.50.030:
5
/ 7E
SERVICE DEMAND GENERATED BY LAND USE
Single Multi-
family family
dwelling dwelling Commercial Industrial
PUBLIC FACILITY unit unit Acre Acre
Police Department Facilities and
.1725 .4125 .3825 .0325
Equipment
Corporation Yard
.395 .288 .225 .092
Relocation/Expansion
Library System Expansion .524 .476 .000 .000
(residential only)
Fire Suppression System .380 .370 .200 .050
Expansion
Major Recreation Facilities
.524 .476 .000 .000
(residential only)
GENERAL GOVERNMENT
Civic Center Expansion .357 .408 .201 .034
Geographic Information System .357 .408 .201 .034
Expansion
Computer System Expansion .357 .408 .201 .034
Telecommunication System .357 .408 .201 .034
Expansion
Records Management System .357 .408 .201 .034
Expansion
Administration .357 .408 .201 .034
The EDU rate for each special land use development project, as defined in
Section 3.50.020, shall be equivalent to c:,harged-~ the commercial/office rate of
5.00 EDUs per gross acre of land.~ The Olympic Training Center
shall be equivalent to c:,harged~ the industrial rate of ! .25 EDU's per gross acre
of land. The EDU rate for each special purpose project, as defined in Section
3.50.020, shall be equivalent to one-half c~harged~ the commercial/office rate of
3 EDUs per gross acre of land. The charges shall be those outlined in Section
3.50.090.C. The fee multiplied by the total number of EDUs dwelling units or
acres within a given development project represents a developer's fair share
("fair share") for that development project.
3.50.070 Time to Determine Amount Due.
The fee for each development shall be calculated at the time of building
~ermit issuance and shall be the amount as indicated at that time, and not when
the tentative map or final map were granted or applied for, or when the building
permit plan check was conducted, or when application was made for the building
permit, except that a developer of a development project providing Iow and/or
moderate-income housing in accordance with Section III, Objective 1 of the 1991
housing element of the general plan may request authorization to prepay or defer
the fee for up to 500 EDUs and said request may be approved at the sole
discretion of the city manager. In order to facilitate those Iow and/or moderate-
6
/76 -G
income projects which are planned for construction through March 24, 2005, the
fee for said projects shall be the fee existing as of March 25, 2002. (Ord 2855'1,
2002).
3.50.090 Amount of Fee.
A. The fee shall be the amounts set forth in Section 3.50.090.B and C. The
city council may adjust the amount of this fee as necessary to reflect
changes in the costs of the facilities as may be reflected by such index as
the council deems appropriate, such as the Engineering-News Record
Construction Index, or such other basis; changes in the type, size, location
or cost of the facilities to be financed by the fee, changes in land use
designation in the city's general plan, and upon other sound engineering,
financing and planning information. Adjustments to the fee may be made
by resolution amending this section.
B. The fee shall have portions which are, according to the engineer report,
allocated to a specific facility ("fee components") which correspond to the
costs of the various facilities, plus the administration cost for the fee,
which is a percentage of the fee components' total cost divided-by-tetal
C. The fee shall be the following~ depending on land use:
Land Use Fee
Residential - Single family .,cA. ,v....~ $5,048/DU
dwellings
Residential - Multi-family $4,726/DU
dwellings
Commercial/Office ..~v,vw¢on ~n $20,764/acre
Industrial .._~,v~¢on ~n $3,848/acre
Special Land Use .._~,w~¢'~n .~n $20,764/acre
Olympic Training Center $§,! !0 $3,848/acre
Public Purpose Exempt
Nonprofit community purpose Exempt
facility
Special purpose project,..,v.__,.,~""~'"~"'- ..¢~A. ,,.... ~ $10,382/acre
3.50.100 Development Projects Exempt from the Fee.
A. Development projects by public agencies shall be exempt from the
provisions of the fee if those projects are designed to provide the public
service for which the agency is charged ("public purpose").
B. Community purpose facilities which are not operated for profit ("non-profit
community purpose facilities") are also exempt inasmuch as these
institutions provide benefit to the community as a whole including all land
use categories which are the subject matter of the fee. The city council
7
17E -7
hereby determines that it is appropriate to spread any impact such non-
profit community purpose facilities might have to the other land use
categories subject to the fee. In the event that a court determines that the
exemption herein extended to community purpose facilities shall for any
reason be invalid, the city council hereby allocates the non-profit
community purpose facilities' fair share to the city of Chula Vista and not to
any of the land use categories which are the subject matter of the
development impact land use categories.
C. Development projects which are additions or expansions to existing
dwelling units or businesses, except special land use projects, shall be
exempt if the addition or expansion does not result in a net increase in
dwelling units or commercial/industrial acrea.qe EDUs.
3.50.140 Developer Construction of Facilities.
A. Whenever a developer of a development project would be required by
application of city law or policy as a condition of approval of a
development permit to construct or finance a facility, or if a developer
proposes to design and construct a portion of a facility in conjunction with
the prosecution of a development project within the territory, and follows
the procedure for doing same hereinbelow set forth, the city council shall,
in the following applicable circumstances, tender only the credit or
reimbursement hereinbelow identified for that circumstance.
1. If the cost of the facility, incurred by the developer and acceptable
to the city, is less than or equal to that portion of the developer's fair
share related to the fee component for that facility, the city may only
give a credit ("developer credit") against that portion of the
developer's fair share related to the fee component for that facility
("fair share of the fee component"); or,
2. If the cost of the facility, incurred by the developer and acceptable
to the city, is greater than that portion of the developer's fair share
related to the fee component for that facility, but less than or equal
to the developer's total fair share, the city may give a credit which
credit shall first be applied against that portion of the fair share
related to the fee component for that facility, and the excess costs
for the facility shall then be applied as credits against such other
fee components of the developer's total fair share as the city
manager, in his sole and unfettered discretion, shall determine; or,
3. If the cost of the facility, incurred by the developer and acceptable
to the city, is greater than the developer's total fair share, the city
may give a credit against the developer's total fair share as the city
manager, in his sole and unfettered discretion, shall determine;
and/or, the city may tender to the developer a reimbursement
agreement to reimburse said developer only from the fund as
8
monies are available, over time, with interest at the fair market
value of money, at the option of the city.
B. Unless otherwise stated herein, all Developer Credits shall be calculated
on a dollar basis and converted into dwelling units or commercial/industrial
acreage equivalents EDUs at the time building permits are pulled, based on the
then current Fee.
3.50.150 Procedure for Issuance of Credits or Tender of Reimbursement
Offer.
The city's extension of credits or tender of a reimbursement offer to a developer
pursuant to Section 3.50.140 shall be conditioned on the developer complying with the
terms and conditions of this section:
A. Written authorization shall be requested by the developer from the city and
issued by the city council by written resolution before developer may incur any
costs eligible for reimbursement relating to the facility.
B. The request for authorization shall contain the information listed in this section
and such other information as may from time to time be requested by the city.
C. If the council grants authorization, it shall be by written agreement with the
developer, and on the following conditions among such other conditions as the
council may from time to time impose:
1. Developer shall prepare all plans and specifications and submit same for
approval by the city.
2. Developer shall secure and dedicate any right-of-way required for the
facilities.
3. Developer shall secure all required permits and environmental clearances
necessary for construction of the facilities.
4. Developer shall provide performance bonds in a form and amount, and
with a surety satisfactory to the city (where the developer intends to util!ze
provisions for immediate credit, the performance bond shall be for 100
percent of the value of the project).
5. Developer shall pay all city fees and costs;
6. The city shall be held harmless and indemnified, and upon tender by the
city, defended by the developer for any of the costs and liabilities
associated with the construction of the facilities.
7. The city wilt not be responsible for any of the costs of constructing the
facilities. The developer shall advance all necessary funds to construct
the facilities.
8. The developer shall secure at least three qualified bids for work to be
done. The construction contract shall be granted to the lowest qualified
bidder, If qualified, the developer may agree to perform the work at a
price equal to or less than the Iow bid. Any claims for additional payment
9
for extra work or charges during construction shall be justified and shall
be documented to the satisfaction of the director of public works.
9. The developer shall provide a detailed cost estimate which itemizes those
costs of the construction attributable to the facilities and exctudes any
work attributable to a specific subdivision project. The estimate is
preliminary and subject to final determination by the director of public
works upon completion of the facilities.
10. The city may grant partial credit for costs incurred by the developer on the
facility upon determination of satisfactory incremental completion of a
facility, as approved and certified by the director of public works, in an
amount not to exceed 75 percent of the cost of the construction
completed to the time the partial credit is granted, thereby retaining 25
percent of such credits until issuance by the city of a notice of completion.
11. 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 facility to the city. The director of public works shall make the final
determination on expenditures which are eligible for credit or
reimbursement.
__ . . 3.50.155 Developer Transfer of Credits
A developer who, in accordance with the provisions of Sections 3.50.140
and 3.50.150, receives credits against future payments of the Fee for one or
more Fee Components may transfer those credits as provided herein to another
Developer.
(a) The Developer shall provide the City with written notice of such transfer
within thirty (30) days. The notice shall provide the following information:
· The name of the Developer to whom the credits were transferred:
· The dollar value of transferred credits:
· The Fee Component(s) against which the credits will be applied:
and
· The projected rate, by Fiscal Year, that the credits will be applied,
until said credits have been fully redeemed.
(b) Credits received by a Developer of a Iow-and/or moderate-income
project, in accordance with Section 3.50.070 3.50.70, can only be
transferred to another Iow-and/or moderate-income Development
Project.
3.50.160 Procedure for Fee Modification or Reduction.
Any developer who, because of the nature or type of uses proposed for a
development project, contends that application of this fee is unconstitutional or unrelated
to mitigation of the burdens of the development, may apply to the city council for a
modification or reduction of the fee. The application shall be made in writing and filed
with the city clerk not later than ten days after notice of the public hearing on the
development permit application for the project is given, or if no development permit is
10
/TE
required, at the time of the filing of the building permit application. The application shall
state in detail the factual basis for the claim of modification or reduction. The city council
shall make reasonable efforts to consider the application within sixty days after its filing.
The decision of the city council shall be final. If a reduction or modification is granted,
any change in use within the project Shall subject the development to payment of the
fee. The procedure provided by this section is additional to any other procedure
authorized by law for protection or challenging this fee.
3.50.170 Fund Loans.
A. Loans by the city.
The city may loan funds to the fund to pay for facilities should the fund have insufficient
funds to cover the cost of said facility. Said loans, if granted, shall be approved
upon the adoption of the annual city budget and shall carry interest rates as set
by the city council for each fiscal year. A schedule for repayment of said loans
shall be established at the time they are made and approved by the council, with
a maximum term not to exceed the life of the fund.
B. Developer loans.
A developer may loan funds to the city as outlined in Sections 3.50.140 and
3.50.150(c)(14). The city may repay said developer loans with interest, under the
terms listed in A. above.
SECTION 5: Expiration of this ordinance
This ordinance shall be of no further force and effect 30 days after its
adoption.
SECTION 6: 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
law.
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 7: Effective Date
This Ordinance shall become effective immediately upon four-fifths vote.
Presented by Approved as to form by
Cheryl Fruchter John M. Kahen~
Director of Budget and Analysis City Attorney
J:~Attomoy\Ordinanco\PFDIF Ur§oncy Ord l.doc
/
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA, AMENDING
CHAPTER 3.50 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO A
DEVELOPMENT IMPACT FEE (PFDIF) TO PAY FOR VARIOUS PUBLIC
FACILITIES WITHIN THE CITY OF CHULA VlSTA'S GENERAL PLAN AREA
BOUNDARY
WHEREAS, in March 2002, the City Council of the City of Chula Vista
adopted Ordinance No. 2855, increasing the Public Facilities Impact Fee (PFDIF)
from $2,618 to $4,888; and
WHEREAS, cost estimates for the current list of needed public facilities
have been updated; and
WHEREAS, a new Recreation component of the PFDIF will include
funding for major recreation facilities such as community centers, gymnasiums,
and swimming pools; and
WHEREAS, separate PFDIF allocation factors have been derived for four
land use categories;
WHEREAS, the impact fee is solely based upon that portion of project
costs which are attributable to new development; and
WHEREAS, the fee increase was developed in conjunction with
developers and the Building Industry Association (BIA); and
WHEREAS, development is considered to take place in accordance with
the Phasing Plan established by the City's Planning Department which is subject
to change depending on actual development phasir~g; and
WHEREAS, the City Council adopted the Parks and Recreation Master
Plan by Resolution , on November 12, 2002;
NOW, THEREFORE, the City Council of the City of Chula Vista does
ordain as follows:
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS
FOLLOWS:
SECTION 1. That the existing Ordinance Nos. 2432, 2320, 2554, 2810
and 2855 are hereby superseded, and a new Chapter 3.50 is hereby added to
the Chula Vista Municipal Code to read as follows:
?-7F: -J
3.50.010 General Intent.
The city's general plan land use and public facilities elements require that
adequate public facilities be available to accommodate increased population created by
new development within the city of Chula Vista.
The city council has determined that new development will create adverse
impacts on the city's existing public facilities which must be mitigated by the financing
and construction of certain public facilities which are the subject of this chapter. New
development contributes to the cumulative burden on these public facilities in direct
relationship to the amount of population generated by the development or the gross
acreage of the commercial or industrial land in the development.
The city council has determined that a reasonable means of financing the public
facilities is to charge a fee on all developments in the city of Chula Vista. Imposition of
the public facilities development impact fee on all new development for which building
permits have not yet been issued is necessary in order to protect the public safety and
welfare thereby ensuring h~order~o-e~ effective implementation of the city's general
plan.
3.50.020 Definitions,
For the purposes of this chapter, the following words or phrases shall be
construed as defined in this section, 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 as adopted by reference by this city.
B. "Developer" means the owner or developer of a development.
C. "Development permit" means any discretionary permit, entitlement or approval
for a development project issued under any zoning or subdivision ordinance of
the city.
D. "Development project" or "development" means any activity described as the
following:
o Any new residential dwelling unit developed on vacant land;
o Any new commercial/office or industrial development constructed on
vacant land;
o Any expansions to established developments or new developments on
non-vacant land in those land use categories listed !n I =nd 2above, if
the result is a net increase in EDUs ~dwg[Ij~u~i~. The fee shall be
based solely on this net EDUdwe[ling unit increase.
2
o Any new or expanding special land use project;
o Any special purpose project developed on vacant land or non-vacant
land, or expanded within a pre-existing site, if the result is a net increase
in EDUs d~.eJ[!Dg units. The fee shall be based solely on this net
EDUd~J!i~g unit increase.
o Any other development project not listed above but described in Section
65927 and 65928 of the State Government Code.
E. ".Community purpose facility" means a facility which serves one of the following
purposes:
1. Social service activities, including such services as Boy Scouts and Girl
Scouts, Boys and Girls Club, Alcoholic Anonymous and services for the
homeless;
2. Public schools;
3. Private schools;
4. Daycare;
5. Senior care and recreation;
6. Worship, spiritual growth and development;
F. "Special land use" means any non-residential, non-commercial/office or non-
industrial development project (e.g., Olympic Training Center, hospitals, utilities),
or non-special purpose project.
G. "Special purpose project" means any for-profit community purpose facility (e.g.
daycare).
H. "Engineer report" refers to the April 20, 1993 "development impact fees for public
facilities" report.
I. "Extraordinary project cost increases" means increases resulting from costs that
could not
have been reasonably foreseen at the time a project budget was established.
J. "Extraordinary ED~ EDU d~ve!Jing~ni~ change" means an increase or decrease
in the number of remaining
plannedequivale~ e~uivalent residential dwelling units ~n~ ~,~ or commercial/industrial
acre_s for which building permits have not yet been pulled, which changes the
existing total by more than 2,000 dwelling units or 200 commercial/industrial
acres EDUs. (Ord 2855'1, 2002).
3
3.50.030 Public Facilities to be Financed by the Fee.
A. The public facilities ("facilities"), which are the subject matter of the fee, include
buildings, equipment and related one-time start-up costs or portions thereof, as
detailed in Subsection C below and in the engineer report on file in the Office of
the city clerk.
B. The city council may modify or amend this list of facilities by written resolution in
order to maintain compliance with the city's general plan or the capital
improvement program.
C. The facilities are as follows:
1. Civic Center Expansion
2. Police Department Facilities and Equipment
3. Corporation Yard Relocation/Expansion
4. Library System Expansion
5. Fire Suppression System Expansion
6. Geographic information system expansion;
7. Computer system expansion;
8. Telecommunication system expansion;
9. Records management system expansion.
10. Major recreation facilities (community centers, gymnasiums, swimming
pools~.
(Ord 2 8 5_5_'.1~ ~_~ ~0_2~,
3.50.040 Territory to which Fee Applicable.
The area of the city of Chula Vista to which the fee herein established shall be
applicable shall be the territorial limits of the city of Chula Vista ("territory") as they may
from time to time be amended. (Ord 2554 '1, 1993).
3.50.050 Establishment of Fee.
A development impact fee ("fee"), *~'.v
~....' ,,,~, f,,~r~, ---~"~, ~-~,~,~'°"~" is hereby established to pay for the facilities within the territory. The
fee shall be paid upon the issuance of building permits for each development project
within the city of Chula Vista, except that, at the discretion of the city manager, a
developer may prepay all or part of civic center expansion . _. fees
that would be applicable to the developer's future development projects. Prepayment
would occur at the then current rate; however, the developer has sole responsibility for
paying subsequent fee increases resulting from (1) "extraordinary project cost
increases", (2) normal annual adjustments in the Consumer Price Index (CPI) or Building
Construction Index (BCl), or (3) "extraordinary EDU dwelling unit changes". (Ord 2855'1,
2002).
4
I-IF-ff-
3.50.060 Determination of Fees by Land Use Catenorv
For purposes of this fee, sin.qle family dwe ng un ts sha nc ude sinclle family detached
homes and detached condominiums; multi-family dwelling units shall include attached
condominiums, townhouses, duplexes, triplexes, and apartments. Commercial/office
and industrial development proiects shall be charged on a per acre basis. Development
impact fees for single family, multi-family, commercial and industrial land uses shall be
based on the demand for service generated by that land use, for each public facility set
forth in CVMC 3.50.030:
SERVICE DEMAND GENERATED BY LAND USE
Single Multi-
family family
dwelling dwelling Commercial Industrial
PUBLIC FACILITY unit unit Acre Acre
Police Department Facilities and
Equipment .1725 .4125 .3825 .0325
Corporation Yard
Relocation/Expansion .395 .288 .225 .092
Library System Expansion
(residential only) .524 .476 .000 .000
Fire Suppression System Expansion .380 .370 .200 .050
Major Recreation Facilities
(residential only) .524 .476 .000 .000
GENERAL GOVERNMENT
Civic Center Expansion .357 .408 .201 .034
Geographic Information System
Expansion .357 .408 .201 .034
Computer System Expansion .357 .408 .201 .034
Telecommunication System
Expansion .357 .408 .201 .034
Records Management System
Expansion .357 .408 .201 .034
Administration .357 .408 .201 .034
The --.MU rate for each special land use development project, as defined in Section
3.50.020, shall be equivalent to ~qarged~ the commercial/office rate of 5.09 EDUs per
gross acre of land_.,-e~ The Olympic Training Center shall beequivalent to
r=,harged-~ the industrial rate of ! .25 EDU's per gross acre of land. The EMU rate for
each special purpose project, as defined in Section 3.50.020, shall be equivalent to one-
half charged ~t the commercial/office rate af 3 EMUs per gross acre of land. The
charges shall be those outlined in Section 3.50.090.C. The fee multiplied by the total
number of EMUs dwelling units or acres within a given development project represents a
developer's fair share ("fair share") for that development project.
5
3.50.070 Time to Determine Amount Due.
The fee for each development shall be calculated at the time of buildingpermit
issuance and shall be the amount as indicated at that time, and not when the tentative
map or final map were granted or applied for, or when the building permit plan check
was conducted, or when application was made for the building permit, except that a
developer of a development project providing Iow and/or moderate-income housing in
accordance with Section III, Objective 1 of the 1991 housing element of the general plan
may request authorization to prepay or defer the fee for up to 500 EDUs and said
request may be approved at the sole discretion of the city manager. In order to facilitate
those Iow and/or moderate-income projects which are planned for construction through
March 24, 2005, the fee for said projects shall be the fee existing as of March 25, 2002.
(Ord 2855'1, 20_0~.
3.50.080 Purpose and Use of Fee.
The fee collected shall be used by the city for the following purposes in such
order and at such time as determined by the city council:
A. To pay for such of the facilities that the city council determines should be
constructed, installed or purchased at that time, or to reimburse the city for
facilities funded by the city from other sources.
B. To reimburse developers who have been required or permitted by Section
3.50.140.A to construct, install or purchase approved facilities listed in Section
3.50.030.C, in such amounts as the council deems appropriate.
C. To repay any and all persons who have, pursuant to prior fee ordinance 2320 or
2432, or pursuant to this ordinance, advanced or otherwise loaned funds for the
construction of a facility identified herein.
D. To repay the city for administration costs associated with administration of the
fee.
3.50.090 Amount of Fee.
A. The fee shall be the amounts set forth in Section 3.50.090.B and C. The city
council may adjust the amount of this fee as necessary to reflect changes in the
costs of the facilities as may be reflected by such index as the council deems
appropriate, such as the Engineering-News Record Construction Index, or such
other basis; changes in the type, size, location or cost of the facilities to be
financed by the fee, changes in land use designation in the city's general plan,
and upon other sound engineering, financing and planning information.
Adjustments to the fee may be made by resolution amending this section.
B. The fee shall have portions which are, according to the engineer report, allocated
to a specific facility ("fee components") which correspond to the costs of the
various facilities, plus the administration cost for the fee, which is a percentage of
6
the fee components' total cost divi''l~''"l b~' tot=! =n~ ~c ~o ;,.,~;...,,.,~ i.. ~... ·
............................ tlon
C, The fee shall be the following, depending on land use:
Land Use Fee
Residential - Sin.qle family dwe n,qs $~.,~ $5,048/DU
Residential - Multi-family dwellin.qs $4,726/DU
Commercial/Office .._v,vvv¢°n ~n $20,764/acre
Industrial .._~,~¢'~n .~n $3,848/acre
Special Land Use .._~,~¢on .~n $20,764/acre
Olympic Training Center $~,!!0 $3,848/acre
Public Purpose Exempt
Nonprofit community purpose facility Exempt
Special purpose project, !nc!"d!r,g $!'!,,~~. $10,382/acre
3.50.100 Development Projects Exempt from the Fee.
A. Development projects by public agencies shall be exempt from the provisions of
the fee if those projects are designed to provide the public service for which the
agency is charged ("public purpose").
B. Community purpose facilities which are not operated for profit ("non-profit
community purpose facilities") are also exempt inasmuch as these institutions
provide benefit to the community as a whole including all land use categories
which are the subject matter of the fee. The city council hereby determines that it
is appropriate to spread any impact such non-profit community purpose facilities
might have to the other land use categories subject to the fee. In the event that a
court determines that the exemption herein extended to community purpose
facilities shall for any reason be invalid, the city council hereby allocates the non-
profit community purpose facilities' fair share to the city of Chula Vista and not to
any of the land use categories which are the subject matter of the development
impact land use categories.
C. Development projects which are additions or expansions to existing dwelling
units or businesses, except special land use projects, shall be exempt if the
addition or expansion does not result in a net increase in dwelling units or
commercial/industrial acreaqe EDUs.
3.50.110 Authority for Accounting and Expenditures.
A. Fees collected before the effective date of the ordinance codifying this section.
1. All fees which have accrued shall remain in separate accounts
("accounts") corresponding to the facilities listed in Section 3.50.030, as
7
/7F-7
established by the director of finance, and shall only be expended for the
purposes associated with each facility account.
2. The director of finance is authorized to maintain accounts for the various
facilities identified in this chapter and to periodically make expenditures
from the accounts for the purposes set forth herein.
B. Funds collected on or after the effective date of the ordinance codifying this
section.
1. The fees collected shall be deposited into a public facility financing fund
("public facilities development impact fee fund," or alternatively herein
"fund") which is hereby created and shall be expended only for the
purposes set forth in this chapter.
2. The director of finance is authorized to establish a single fund for the
various facilities identified in this chapter and to periodically make
expenditures from the fund for the purposes set forth herein.
3.50.120 Findings.
The city council finds that collection of the fee established by this chapter at the
time of the building permit issuance is necessary to provide funds for the facilities and to
ensure certainty in the capital facilities budgeting for growth impacted public facilities.
3.50,130 Fee Additional to Other Fees and Charges.
This fee is in addition to the requirements imposed by other city laws, policies or
regulations relating to the construction or the financing of the construction of public
improvements within subdivisions or developments.
3.50.135 Mandatory Oversizing of Facility; Duty to Tender Reimbursement
Offer.
Whenever a developer of a development project is required as a condition of
approval of a development permit to cause a facility or a portion of a facility to be built to
accommodate the demands created by the development project, the city may require the
developer to install, purchase or construct the Facility according to design specifications
approved by the city, that being with such supplemental size or capacity required by the
city ("oversized capacity requirement"). If such a oversized capacity requirement is
imposed, the city shall offer to reimburse the developer from the fund either in cash or
over time, with interest at the fair market value of money, as fees are collected, at the
option of the city, for costs incurred by the developer for the design and construction of
the facility not to exceed the es~mated cost of that particular facility as included in the
calculation and updating of the fee. The city may update the fee calculation as city
deems appropriate prior to making such offer. This duty to offer reimbursement shall be
independent of the developer's obligation to pay the fee.
8
17F
3.50.140 Developer Construction of Facilities.
A. Whenever a developer of a development project would be required by application
of city law or policy as a condition of approval of a development permit to
construct or finance a facility, or if a developer proposes to design and construct
a portion of a facility in conjunction with the prosecution of a development project
within the territory, and follows the procedure for doing same hereinbelow set
forth, the city council shall, in the following applicable circumstances, tender only
the credit or reimbursement hereinbelow identified for that circumstance.
1. If the cost of the facility, incurred by the developer and acceptable to the
city, is less than or equal to that portion of the developer's fair share
related to the fee component for that facility, the city may only give a
credit ("developer credit") against that portion of the developer's fair share
related to the fee component for that facility ("fair share of the fee
component"); or,
2. If the cost of the facility, incurred by the developer and acceptable to the
city, is greater than that portion of the developer's fair share related to the
fee component for that facility, but less than or equal to the developer's
total fair share, the city may give a credit which credit shall first be applied
against that portion of the fair share related to the fee component for that
facility, and the excess costs for the facility shall then be applied as
credits against such other fee components of the developer's total fair
share as the city manager, in his sole and unfettered discretion, shall
determine; or,
3. If the cost of the facility, incurred by the developer and acceptable to the
city, is greater than the developer's total fair share, the city may give a
credit against the developer's total fair share as the city manager, in his
sole and unfettered discretion, shall determine; and/or, the city may
tender to the developer a reimbursement agreement to reimburse said
developer only from the fund as monies are available, over time, with
interest at the fair market value of money, at the option of the city.
B. Unless otherwise stated herein, all Developer Credits shall be calculated on a
dollar basis and converted into dwelling units or commerc a / ndustr a acreage
equivalents EDUs at the time building permits are pulled, based on the then
current Fee.
3.50.150 Procedure for Issuance of Credits or Tender of Reimbursement
Offer.
The city's extension of credits or tender of a reimbursement offer to a developer
pursuant to Section 3.50.140 shall be conditioned on the developer complying with the
terms and conditions of this section:
9
/ 7F- /
A. Written authorization shall be requested by the developer from the city and
issued by the city council by written resolution before develope¢ may incur any
costs eligible for reimbursement relating to the facility.
B. The request for authorization shall contain the information listed in this section
and such other information as may from time totime be requested by the city.
C. If the council grants authorization, it shall be by written agreement with the
developer, and on the following conditions among such other conditions as the
council may from time to time impose:
1. Developer shall prepare all plans and specifications and submit same for
approval by the city.
2. Developer shall secure and dedicate any right-of-way required for the
facilities.
3. Developer shall secure all required permits and environmental clearances
necessary for construction of the facilities.
4. Developer shall provide performance bonds in a form and amount, and
with a surety satisfactory to the city (where the developer intends to utilize
provisions for immediate credit, the performance bond shall be for 100
percent of the value of the project).
5. Developer shall pay all city fees and costs;
6. The city shall be held harmless and indemnified, and upon tender by the
city, defended by the developer for any of the costs and liabilities
associated with the construction of the facilities.
7. The city will not be responsible for any of the costs of constructing the
facilities. The developer shall advance all necessary funds to construct
the facilities.
8. The developer shall secure at least three qualified bids for work to be
done. The construction contract shall be granted to the lowest qualified
bidder. If qualified, the developer may agree to perform the work at a
price equal to or less than the Iow bid. Any claims for additional payment
for extra work or charges during construction shall be justified and shall
be documented to the satisfaction of the director of public works.
9. The developer shall provide a detailed cost estimate which itemizes those
costs of the construction attributable to the facilities and excludes any
work attributable to a specific subdivision project. The estimate is
preliminary and subject to final determination by the director of public
works upon completion of the facilities.
10. The city may grant partial credit for costs incurred by the developer on the
facility upon determination of satisfactory incremental completion of a
facility, as approved and certified by the director of public works, in an
10
amount not to exceed 75 percent of the cost of the construction
completed to the time the partial credit is granted, thereby retaining 25
percent of such credits until issuance by the city of a notice of completion.
11. 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 facility to the city. The director of public works Shall make the final
determination on expenditures which are eligible for credit or
reimbursement.
3~ 3.50.155 Developer Transfer of Credits
A developer who, in accordance with the provisions of Sections 3.50.140 and
3.50.150, receives credits against future payments of the Fee for one or more Fee
Components may transfer those credits as provided herein to another Developer.
(a) The Developer shall provide the City with written notice of such transfer within
thirty (30) days. The notice shall provide the following information:
· The name of the Developer to whom the credits were transferred:
· The dollar value of transferred credits:
· The Fee Component(s) against which the credits will be applied: and
· The projected rate, by Fiscal Year, that the credits will be applied, until
said credits have been fully redeemed.
(b) Credits received by a Developer of a Iow-and/or moderate-income
project, in accordance with Section 3.50.070 3.50.70 can only be transferred to
another Iow-and/or moderate-income Development Project.
3.50.160 Procedure for Fee Modification or Reduction.
Any developer who, because of the nature or type of uses proposed for a
development project, contends that application of this fee is unconstitutional or unrelated
to mitigation of the burdens of the development, may apply to the city council for a
modification or reduction of the fee. The application shall be made in writing and filed
with the city clerk not later than ten days after notice of the public hearing on the
development permit application for the project is given, or if no development permit is
required, at the time of the filing of the building permit application. The application shall
state in detail the factual basis for the claim of modification or reduction. The city council
shall make reasonable efforts to consider the application within sixty days after its filing.
The decision of the city council shall be final. If a reduction or modification is granted,
any change in use within the project shall subject the development to payment of the
fee. The procedure provided by this section is additional to any other procedure
authorized by law for protection or challenging this fee.
11
I-/F -ii
3.50.170 Fund Loans.
A. Loans by the city.
The city may loan funds to the fund to pay for facilities should the fund have
insufficient funds to cover the cost of said facility. Said loans, if granted, shall be
approved upon the adoption of the annual city budget and shall carry interest
rates as set by the city council for each fiscal year. A schedule for repayment of
said loans shall be established at the time they are made and approved by the
council, with a maximum term not to exceed the life of the fund.
B. Developer loans.
A developer may loan funds to the city as outlined in Sections 3.50.140 and
3.50.150(c)(14). The city may repay said developer loans with interest, under the
terms listed in A. above.
3.50,180 Effective Date.
This ordinance shall become effective sixty days after [ts second reading and
adoption.
SECTION 2: Findinqs
The City Council finds that developers of land within Chula Vista's General
Plan area boundary should be required to mitigate the burden created by
development through the payment of an impact fee for construction of public
facilities within the boundaries of the development and for public facilities outside
the boundaries of the development which are needed to provide service to the
development in accordance with City standards; and
The City Council finds that the legislative findings and determinations set
forth in Ordinance No. 2855 continue to be true and correct; and
The City Council finds, after consideration of the evidence presented to it
including the "Public Facilities DIF, November 2002 Amendment", that certain
amendments are necessary in order to assure that there are sufficient funds
available to finance the facilities necessary to maintain public service levels; and
The City Council finds, based on the evidence presented at the meeting,
the City's General Plan, the City's Parks & Recreation Master Plan, and the
various reports and information received by the City Council in the ordinary
course of its business, that the imposition of public facilities impact fees on all
development 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
12
The City Council finds that the amount of the amended fees le,~ied by this
ordinance does not exceed the estimated cost of providing the public facilities.
SECTION 3: Time limit for protest and iudicial 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
law.
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.
Presented by Approved as to form by
Cheryl Fruchter John Kaheny
Director of Budget and Analysis City Attorney
13
J:~Attorney\Ordinance\PFDIF Ordinance 1.doc
7P-13
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING THE PARK ACQUISITION
AND DEVELOPMENT FEE 2002 UPDATE, AND
ADOPTING THE PUBLIC FACILITIES DIF NOVEMBER
2002 AMENDMENT.
WHEREAS, development is considered to take place in accordance with
the Phasing Plan established by the City's Planning Department which is subject
to change depending on actual development phasing; and
WHEREAS, the 2002-2030 expenditure plans for public facilities are
detailed in each PFDIF component of the "Public Facilities DIF, November 2002
Amendmenf' and summarized in the Cash Flow Analysis; and
WHEREAS, the 2002-2030 expenditure plans for park acquisition and
development are detailed in the "Park Acquisition and Development Fee, 2002
Update" and its appendices; and
WHEREAS, those expenditure plans serve the purpose of identifying the
planned use of all Public Facilities DIF and Park Acquisition & Development
funds; and
WHEREAS, the "Public Facilities DIF, November 2002 Amendmenf' and
the "Park Acquisition & Development Fee, 2002 Update" were developed in
conjunction with developers and the Building Industry Association (BIA);
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of
Chula Vista does hereby adopt the Public Facilities DIF, November 2002
Amendment" and the "Parks Acquisition & Development Fee, 2002 Update"
reports.
Presented by
Approved as to form by
Ch~
Director of Budget and Analysis
~~1~
John M. Kaheny
City Attorney
/7t:¡-)
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- - -- -
~~~----
CllY OF
CHUlA VISTA
Park
Acquisition &
Development Fee
2002 Update
Prepared by: Office of Budget & Analysis
The following City staff contributed
significantly to the PAD fee update
and/or the PFDIF update:
Parks
Joe Gamble
Mary Hofmockel
John Krizan
Office of Budget & Analysis
Cathy Burciaga
Marty Chase
Cheryl Fruchter
Pat Laughlin
Pablo Quilantan
Recreation
Buck Martin
Sunny Shy
MIS
Lucinda Smith
Planning
Carlos Fernandez
Dan Forster
Dai Hoang
Karen Wooten
Finance
Cora Benitez
Evelyn Ong
Bob Powell
Public Works Engineering
City Attorney's Office
Tom Adler
Alex Al-Agha
Eftaim Iribe
Dave Kaplan
Elizabeth Hull
Ann Moore
Public Works Operations
Bob Beamon
Dave Byers
Library
David Palmer
Shauna Stokes
Building & Parks Construction
Community Development
Byron Estes
Leisa Lukes
Andy Campbell
Jack Griffin
Charline Long
Rene Olivo
City Manager's Office
George Krempl
Dave Rowlands
Police
* * * * *
Dan Hardman
Also contributing were:
Fire
Jim Geering
Jeff Peter
Iracsema Quilantan
Highland Partnership, Inc.
Dave Welshans
SANDAG
Ed Shaeffer
Table of Contents
Section A. Background ....................................................................................... 1
Section B. Calculating the New PAD Fee
B.1. Calculating PPH by Dwelling Unit Type.......................................................... 3
B.2. The City Standard for Parks ...........................................................................4
B.3. Updating the Dwelling Units per Parkland Acre.............................................. 5
B.4. Updating Land Acquisition and Development Costs....................................... 6
B.5. Calculating the PAD Fee ................................................................................ 7
Section C. Proposed Changes to Municipal Code Chapter 17.10...................9
A IT ACHMENTS ....................................................................................................14
Park Acquisition & Development Fee, 2002 Update
Park Acquisition and Development Fee
2002 Update
Section A. Background
Park Acquisition and Development (PAD) fees are collected by the City of Chula Vista in
lieu of donated land and developer-built park improvements. The Parkland Dedication
Ordinance (PDO), first adopted in 1971, details requirements for land dedication, park
improvements and in lieu fees. The PDO applies to all applicable developments on a
citywide basis. Applicable developments include all residential development in
subdivisions or in divisions created by parcel maps, both east and west of Interstate
805.
PAD fees cover parkland acquisition and the cost of related capital items associated
with parkland development, including:
. Drainage Systems
· Street Improvements
. Lighted Parking Lots
· Concrete Circulation Systems
· Security Lighting
· Park Fixtures (drinking fountains, trash receptacles, bicycle racks, etc.)
· Landscaping (including disabled accessible surfacing)
· Irrigation Systems
· Restrooms and Maintenance Storage
· Play Areas (tot lots, etc.)
· Picnic Shelters, Tables, Benches
· Utilities
· Outdoor Sports Venues (tennis coutts, baseball/softball fields, basketball coutts,
soccer fields, skateboard and roller blade venues)
In addition to parks-related items, a 1987 revision to the PDO called for the additional
dedication, within community parks, of major recreation facilities such as community
centers, gymnasiums, and competitive swimming pools to serve newly developing
communities. As discussed in the Public Facilities DIF, November 2002 Amendment,
I
Park Acquisition & Development Fee, 2002 Update
major recreation facilities will henceforth be funded separately, through a newly created
component of the Public Facilities DIF - the "RecDIF". This will enable
recreation facilities to be constructed at an earlier date utilizing existing PFDIF fund
balances and will defer payment of the recreation fee from final map to permit stage.
PAD fees will henceforth apply only to parkland acquisition and parks-related facilities of
the type listed above.
The current PAD fee schedule has been in effect since 1991, with a single adjustment in
2001. By 2001, both the City and the Development community were in agreement that
a fair increase was long overdue. The 2001 adjustment was based on a 10-year
Building Cost Index (BCI) percentage increase and thus did not take into account actual
increases in construction costs, actual land values, population density and other local
growth conditions. The present update will include those actual changes.
About This Update
. Citywide develoDment. The updated fee will apply to planned housing and
planned park development primarily in the Eastern territories where most future
development will occur. However, the Westside project - Bayfront - with its
3,432 planned dwelling units will also generate a future parks obligation. The fee
applies to dwelling units that had not yet reached the Final Map stage of
development as of September 12, 2002.
. No fee recovery. Although the ten-year gap in PAD fee updates has generated a
significant monetary loss to the City, with only partial gap closure with the April
2001 update, no recovery of those lost dollars is incorporated into this update.
2
Park Acquisition & Development Fee, 2002 Update
Section B. Calculating the New PAD fee
To calculate the PAD fee
. Person per household factors are updated to conform with the latest available
population and housing data from SANDAG;
· The updated factors are then applied to the City's Park Development Ordinance
(PDO) standard of 3 acres per 1,000 population. This will determine the number
of new dwelling units that would generate a 1-acre parkland requirement;
. This new dwelling unit number, together with updated land and construction
costs, are then used to calculate individual fees for site acquisition/credit and for
park development.
B.1. Calculating Persons Per Household (PPH) By Type of Dwelling Unit
PPH factors are the basis for determining the number of park acres required per
dwelling unit type. Unfortunately,
. Data are no longer available from SANDAG in the original highly discreet
categories - single family detached, single family attached, duplexes, etc.
Instead, housing data are now collapsed into four broad categories -
single family (including single family detached homes and detached
condominiums), multi-family (including attached condominiums,
townhouses, duplexes, triplexes and apartments), mobile homes and
hotel/motel rooms. These new categories will be used in this and future
updates.
Current PPH factors are based on 1980 census data, updated through 1987. For this
update, the projected PPH increase by buildout is required for each of the four dwelling
types - but these individualized data will not become available from the 2000 Census
until next year; therefore, factors will be calculated using citywide data from SANDAG.
Figures from the California Department of Finance would indicate that, between 1990
and 2000, the citywide PPH increased 15.9% - from 2.71 to 3.14 persons per
3
Park Acquisition & Development Fee, 2002 Update
household. On the other hand, SANDAG projections are that the citywide PPH factor is
expected to be 3.04 by 2005, and 2.96 by buildout. This reflects a smaller 9.2%
increase in persons per household by buildout. Therefore, staff have utilized the
available citywide data from SANDAG to conservatively project individual dwelling unit
factors.
. Applying this 9.2% factor to individual dwelling types provides the updated
factors in Table 1. By buildout, single family units will house 3.52 persons
and multi-family units will house 2.61. The factors for mobile homes (none
projected) and hotel/motel rooms remain unchanged - 1.64 and 1.50,
respectively.
Table 1.
Updated Persons Per Household Factors
Dwelling Unit 1990 Census PPH PPH Updated Buildout Factors
eff. 2000 eff. 2005
Type (Current Factors) (CA Dept of Finance) (SANDAG) (SANDAG)
Citywide 2.71 3.14 3.04 2.96 (+ 9.2%)
Single Family 3.22 3.52
Multi Family 2.39 2.61
Mobile Homes 1.64 1.64 (no change)
Hotel/Motel Rms 1.50 1.50 (No change)
The PPH factors will be reanalyzed for the 2003 PAD update.
B.2. The City Standard for Parks
The standard, based on the Quimby Act, remains at:
3 acres of parkland per 1,000 population
which can also be stated in terms of square feet per-capita:
130.68 SF of parkland required for each resident.
4
Park Acquisition & Development Fee, 2002 Update
B.3. Updating the Dwelling Units per Parkland Acre
Utilizing the updated person per household (PPH) factors detailed in Table 1 and the
City's PDO park standard of 3 acres per 1,000 population, staff calculated the number
of new dwelling units that will generate a requirement of one parkland acre. Table 2
shows that units with smaller PPH factors generate smaller parkland obligations.
Table 2.
DUs per Acre of Parkland Generated by New Development at Buildout
SF of DUs
City's SF per parkland Generating
Capita Standard required per 1 Acre of
Housina TVDe PPH £3 acres/1000 DU Parkland
Single Family 3.52 X 130.68 = 460.0 95
Multi-Family 2.61 X 130.68 = 341.1 128
Mobile Homes 1.64 X 130.68 = 214.3 203
Hotel/Motel Rooms 1.50 X 130.68 = 196.0 222
5
Park Acquisition & Development Fee, 2002 Update
B.4. Updating Land Acquisition and Development Costs
Land ACQuisition: The land acquisition portion of the fee has not been adjusted since
1991 and has remained at $5 per square foot or $217,800 per acre through the present
time. The PAD update of April 2001 concerned parks development costs only.
To update the valuation of potential land to be dedicated for parks, the City recently
appraised a large planned future park site within the city limits. Appraisers have
determined that the land has increased in value to $412,857 per acre 1 (see Attachment
1). This assumes an underlying land use mix of low/medium/high residential and
neighborhood commercial, rendering the appraisal value appropriate for valuation of
both neighborhood and community parkland. The new land value represents an
average increase of $195,057 per acre from 1991 levels.
Note that:
. The newly appraised cost per acre also applies to parkland dedication
West of 1-805.
· The park acreage obligation includes the land (footprint) on which major
recreation facilities will be located. Site acquisition costs are not included
in the new Recreation Component of the Public Facilities DIF.
Development projects which have received tentative map approval as of November 12,
2002 shall not be required to contribute additional acreage based on the revised
persons per dwelling factors cited above.
Park DeveloDment: The updated costs for basic park development (see Attachment 2)
were calculated by the Office of Building & Park Construction staff. Community park
and neighborhood park costs are current through September 26, 2002. The
development cost for either community or neighborhood parkland is $334,679 per acre.
Note that:
. Park development costs exclude the costs associated with constructing
major recreation facilities. These costs are included in the new recreation
component of the Public Facilities DIF.
1 Integra Realty Resources (February, 2002), pp. 113-114 (Attachment 1). Full report available in the City
Clerk's Office.
6
Park Acquisition & Development Fee, 2002 Update
In the past, separate development fees have been calculated for neighborhood and
community parks for each dwelling unit type. As per the revised Parks & Recreation
Master Plan, a single park development fee will now be charged. The single fee will
continue to vary by dwelling unit type. Note that the PDO allows the City the flexibility to
shift acreage between neighborhood and community park categories as needed. The
proposed park development schedule over the period 2003-2005 is shown in
Attachment 3.
B.5. Calculating the PAD Fee
The costs for park acquisition and park development are assessed/credited separately.
Developments which are planned to have either nèighborhood and/or community parks
within their projects will receive credit against the park acquisition component of the fee.
Utilizing the updated number of dwelling units that generate one acre of parkland,
together with the updated costs to acquire and develop parks, the new PAD fees are
calculated for each dwelling type.
Table 3A.
New Site Acquisition Fee by Dwelling Type
Single Family Multi Family HoteUMotel Rm
DUs Per Park Acre 95 128 222
Acquisition Cost Per Acre $412,857 $412,857 $412,857
FEE FOR PARK ACQUISITION $4,346 $3,225 $1,860
Table 3B.
New Park Development Fee by Dwelling Type
Single Family Multi Family HoteUMotel Rm
DUs Per Park Acre 95 128 222
Development Cost Per Acre $334,679 $334,679 $334,679
FEE FOR PARK DEVELOPMENT $3,523 $2,615 $1,508
7
Park Acquisition & Development Fee, 2002 Update
Table 4 compares the current and new fees.
· The fee for single family units increased by $2,819. Of this increase, 79% related
to the increase in the park acquisition component of the fee. The remainder
results from increases in park development costs.
· The fee for multi-family units increased by $2,387. Of this increase, 75% related
to the increase in the park acquisition component of the fee.
· The fee for hotel/motel rooms increased by $1,025, of which 86% related to the
increases in the acquisition component.
Table 4.
Current and Proposed PAD Fees per DU
CURRENT
PARK DEVELOPMENT
Dwelling Type PARK Neighborhood Community Total COMBINED
ACQUISITION Park Park Development PAD FEES
Sinale Family $2,115 $1,961 $974 $2,935 $5,050
Multi-FamilY $1 ,440 $1,337 $675 $2,013 $3,453
Mobile Home $1,070 $1,000 $506 $1,506 $2,576
Hotel/Motel Rm $980 $909 $454 $1,363 $2,343
NEW
Dwelling Type PARK TOTAL PARK DEVELOPMENT COMBINED
ACQUIISITION PAD FEES
Sinale FamilY $4,346 $3,523 $7,869
Multi-FamilY $3,225 $2,615 $5,840
Mobile Home $2,034 $1,649 $3,683
Hotel/Motel Rm $1,860 $1,508 $3,368
INCREASE
Dwelling Type PARK TOTAL PARK DEVELOPMENT COMBINED
ACQUIISITION PAD FEES
Sinole Family +$2,231 +$588 $2,819
Multi-Family +$1,785 +$602 $2,387
Mobile Home +$964 +$143 $1,107
Hotel/Motel Rm +$880 +$145 $1 ,025
8
PAD Fee Update (November 2002)
Section C.
Proposed Changes to Municipal Code Chapter 17.10
PARKLANDS AND PUBLIC FACILITIES
Sections:
17.10.010
17.10.020
17.10.030
17.10.040
17.10.050
17.10.060
17.10,070
17.10.080
17.10.090
17.10.100
17.10.110
17.10.010
Dedication of land and development of improvements for park and recreational purposes.
Determination of park and recreational requirements benefiting regulated subdivisions.
Application.
Area to be dedicated - Required when -Amounts for certain uses.
Park development improvements - Specifications
Criteria for area to be dedicated
In-lieu fees for land dedication and/or park development improvements.
Limitation on use ofland and/or fees.
Commencement of park development.
Collection and distribution of fees.
Periodic review and amendment authorized
Dedication of land and development of improvements for park and recreational purposes.
Pursuant to the authority granted by Section 66477 of the Govemment Code of the state, every subdivider
shall, for the purpose of providing neighborhood and community park and recreational facilities directly
benefiting and serving the residents of the regulated subdivision, dedicate a portion of the land and develop
improvements thereon or in lieu thereof pay fees for each dwelling unit in the subdivision, or do a combination
thereof, as required by the city in accordance with this chapter. The dedication, improvement, or payment of
fees in lieu thereof or combination thereof shall be applicable to all residential subdivisions of any type allowed
under the various and several residential zones of the city and shall be in addition to any residential construction
tax required to be paid pursuant to Chapter 3.32 CYMC. (Ord. 2243 § 1,1987; Ord. 1806 § I, 1978; Ord. 1668
§ I, 1976).
17.10.020
Determination of park and recreational requirements benefiting regulated subdivisions.
The park and recreational facilities for which dedication of land and improvements thereon
and/or payment of a fee is required by this chapter shall be those facilities as herein set forth in CYMC
17.]0.050 and as generally set forth in the Parks and Recreation Master Plan and in the park and recreational
element of the general plan of the city adopted by Resolution No. 3519 on September 22, 1964, and as
thereafter amended. (Ord. 2243 § I, 1987; Ord. 1668 § I, 1976).
17.10.030 Application.
The provisions of this chapter shall apply to all subdivisions and divisions created by parcel maps,
excepting there ITom industrial and completely commercial subdivisions and those subdivisions or divisions of
land for which tentative subdivision or parcel maps have been filed within 30 days after the effective date of
this chapter. (Ord. 1858 § 1,1979; Ord. 1806 § 1,1978; Ord. 1668 § I, 1976).
PAD Fee Update (November 2002)
17.10.040
Area to be dedicated - Required when - Amounts for certain uses.
The amount of parkland dedication required, in accordance with CYMC 17.10.010 through 17.10.110, is
based on a standard of three acres per 1,000 people and shall be offered at the time of filing of the fmal map.
The area to be dedicated shall be as follows:
A. Single-family dwelling units, including single familv detached homes and detached condominiums.
~ 3.52 persons per dwelling unit, 4;8 460 square feet per unit, or one acre per -HB 95 units;
B. Jdtaeheà, e!tlster hotlsiflg !If plmmeà _it àe, elapments _àer either eanàamißitlltl ar stffiài, iàeà
8 ,1"fl(1 ::!kip, 2.80 per38RJ per à nellit.g 1:lfiit, 366 3é}1:1are feet per tffi.ít, aT 8P1!: ReTe per 119 tlflit3,
C. Dtl]31eJœ3, 2.48 }3eT38f'l3 per duelling unit, 225 3e]Hsre feet per Hnit, or one acre per 134 units;
ª. Multiple-family dwelling units, including attached condominiums. townhouses. dUDlexes. triDlexes
and aDartments. ~ 2.61 persons per dwelling unit,;!88 341 square feet per unit, or one acre per
+5+ 128 units;
EJ::. Mobilehomes, 1.64 persons per dwelling unit, lli2l4 square feet per unit, or one acre per 203
units;
F D. Residential and transient motelslhotels, 1.50 persons per dwelling unit, 196 square feet per unit, or
one acre per 222 units. (Ord. 2243 § I, 1987;Ord. 1806 § 1,1978; Ord. 1668 § 1,1976).
DeveloDment Droiects which have received tentative maD aDDroval as of November 12. 2002. shall not be
required to contribute additional acreage based on the revised Dersons Dcr dwelling factors as set forth above.
17.10.050
Park development improvements -Specifications.
In addition to the dedication of land as required in CYMC 17.10.040, it shall be the responsibility of the
subdivider to develop all or a portion of such land for neighborhood or community park purposes to the
satisfaction ofthe director ofpl!f'b al'!à reereatial'! building and Dark construction. All parks shall include, to the
satisfaction of the city, the following elements; meet the following minimum standards; and will be designed,
developed, and maintained in accordance with the requirements of the city landscape manual and the Chula
Vista Parks and Recreation Master Plan:
A. Grading shall be in accordance with the grading ordinance, street design manual, the Chula Vista Parks
and Recreation Master Plan. and the city landscape manual.
B. Improvements that may be required by the city may include:
1. Drainage system.
2. Street improvements.
3. Parking lot with lighting.
4. Concrete circulation system.
5. Security lighting system.
6.Park fixtures, including, but not limited t9 identification and informational signage, picnic tables,
benches, trash receptacles, hot ash containers drinking fountains and bike racks, shall be provided
and installed.
7. Landscaping, including trees, shrubs, ground cover, and turf.
8. Automatic irrigation system.
9. Restroom/maintenance facility.
10. Play areas, with equipment for preschoolers and primary school-age children, shall be installed.
Disabled individual accessible surfacing shall be installed.
II. One large seale picnic sfleJter table shall be provided for every f;{jOO 600 people. Half of required
number of Dicnic tables shall be Drovided under a shelter.
12. The following sports facilities (night lighting may be required for all of the following):
a. One tennis court shall be provided for every ~ 3.200 people.
b. One basebaIVsaftball (Organized Adult) field shall be provided for every ~ 12.200 people.
PAD Fee Update (November 2002)
C. One baseball (Organized Youth) field shall be provided for every 4.400 people.
d. One baseball (PracticelInformal) field shall be provided for every 3.300 people.
e. One softball field (Organized Adult) shall be provided for everv 7.900 people.
f. One softball field (Organized Youth) shall be provided for every 12.700 people.
g. One softball field (PracticelInformal) shall be provided for every 2.850 people.
e...!!. One basketball court shall be provided for every 5;OOG 2.150 people.
d. i. One soccer field (Organized Games) shall be provided for every -!-{MìOO 5.400 people.
i. One soccer field CPracticelinformaJ) shall be provided for every 2.450 people.
C. All utilities shall be extended to the property line.
D.1fi aààiti8H 18 M\ôi3e it~ffia li3teà 8B8.e, the fellô..il'ig faeilitieJ akall be reqtlireà iJi a e8ffiffittnitj }3ark:
1.Ûfle Sf) meter :J.. ifl1flíing 1'661 v."it.fi related faeiliâe3, 311ek 63 lôeker f66ffl3, 311811 Be 1'1'8 tided fer e-¡e~
2G.G(JG pcaple.
2.0Re 8SHlfllHflit} BeHler aRt! ~ I~11~a3îttffi., 29,000 3é}1:i6ft: feet miHÌmtlffi, 3haH be pfBliàeà fBY e. ef) 24,000
peôrle.
3.Orte lighted sðftball Held shall be pfa. ¡dell fOf e .ef) 5,BBG pcaple.
4; 1. A l"eMfô6m,tmaÌfltefl8flee faeilì1:), sizeà apJ3f6priate1) 18 aeeôfldt18àate faeilitie3 18eateà ifl the
eammtlßÜy park, 111\11 I!I~ be eal'lslRieteà iR ßeighbarfl6aà parks. (Ord. 2616 § 2, 1994; Ord. 2243 § I,
1987; Ord. 1668 § I, 1976).
17.10.060
Criteria for area to be dedicated.
Acceptance ofland for parkland is at the city council's discretion, and in exercising its discretion, the
council may consider the following criteria, in addition to any other the council considers - relevant:
A. Topography, soils, soil stability, and drainage location ofland in subdivision available for dedication.
B. Size and shape of the subdivision and land available for dedication.
C. Physical relationship of the site to the surrounding neighborhood.
D. Location of the site with regard to accessibility to the residents of the neighborhood and its
contribution to neighborhood security.
E. The amount, usability, and location of publicly owned property available for combination with
dedicated lands in the formation of public park and recreation facilities.
F. Recommendation of the parks and recreation commission. An offer of dedication may be accepted or
rejected by the city council.
G. Consistencv with the goals and policies contained in the Chula Vista Parks and Recreation Master
Plan. (Ord. 2243 § I, 1987; Ord. 1961 § 1,1982; Ord. 1668 § I, 1976).
17.10.70
In-lieu fees for land dedication and/or park development improvements.
A. In-Lieu Fees for Land Dedication. If, in the judgment of the city, suitable land does not exist within
the subdivision, or for subdivisions containing 50 lots or less, the payment of fees in lieu of land shall be
required. In such cases, the required feels) shall be based on the area to be dedicated as set forth in CYMC
17.10.040. However, when a condominium project, stock cooperative or community apartment project exceeds
50 dwelling traits, dedication of land may be required notwithstanding that the number of parcels may be less
than 50.
Where the city deems that a combination of dedication and payment, as provided in this chapter, would
better serve the public and the park and recreation needs of the future residents of a particular subdivision, it
may require such combination; provided, however, the city council may, by resolution, waive a11 or any portion
of said dedication or in-lieu fee requirements in the interests of stimulating the construction of housing for low-
and moderate-income families.
PAD Fee Update (November 2002)
Residential motels and hotels and transient motels and hotels shall be required to deposit the required
fee(s)in lieu of dedication ofland.
B. In-Lieu Fees for Park Development Improvements. If, in the judgment of the city, suitable land does
not exist within the subdivision, or for subdivisions containing 50 lots or less, the payment of fees in lieu of
developing improvements shall be required. In such cases, the amount of the required fee(s) shall be based on
the improvements required in CVMC 17.10.050. However, when a condominium project, stock cooperative or
community apartment project exceeds 50 dwelling units, improvements may be required notwithstanding that
the number of parcels may be less than 50.
_Where the city deems that a combination of improvements and payment, as provided in this chapter, would
better serve the public and the park and recreation needs of the future residents of a particular subdivision, it
may require such combination; provided, however, the city council may, by resolution, waive all or any portion
of said improvements or in-lieu fee requirements in the interests of stimulating the construction of housing for
low- and moderate-income families.
_In the event the city determines that the improvement of the parkland shall be delayed for a substantial
period of time after the parkland has been dedicated, the subdivider shall not be required to install such
improvements, but instead shall pay the required fee(s) for the value of improvements required in CVMC
17.10.050.
Residential motels and hotels and transient motels and hotels shall be required to deposit the required fee(s)
in lieu of park development improvements. (Ord. 2506 § 1,1992; Ord. 2243 § I, 1987;Ord. 1961 § I, 1982;
Ord. 1668 § I, 1976).
17.10.080 Limitation on use of land and/or fees.
The amount ofland, improvements or in-lieu fees, or combination thereof, received under this chapter shall
be used for the purpose of providing neighborhood and community park and recreational facilities to serve the
subdivision for which received. The amount and location of the land or in-lieu fees, or combination thereof,
shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of
the subdivision. (Ord. 2243 § I, 1987; Ord. 1668 § I, 1976).
17.10.090 Commencement of park development.
The city will acquire land for park purposes within a subdivision as soon as sufficient funds are available.
Any fees collected under this chapter shall be committed within five years after the payment of such fees or the
issuance of building pennits on one-half of the lots created by this subdivision, whichever occurs later. (Ord.
2243 § I, 1987; Ord. 1668 § I, 1976).
17.10.100 Collection and distribution offees.
A. Prior to the recordation by the city of a final subdivision map or recordation by the city of a parcel map
or release of either a final subdivision map or parcel map to a developer for recordation, any required fees
shall have been paid to the city unless an agreement has been entered into between city, approved by the
city council, and the map applicant providing for the subsequent payment of the fee, but in no event later
than 60 days after map approval. Said agreement shall provide that such payment shall be, to the
satisfaction ofthe city manager and city attorney, adequately secured by sufficient surety or letter of credit,
and shall further provide for interest ÍÌ"om date of final map approval at city's average eamings rates,
computed and compounded quarterly, experienced by the city on its average investments (as detennined by
the city) ("base interest rate"), for the first 60 days after map approval, and thereafter at the base interest rate
plus two percentage points until paid, together with any attorney fees and costs inculTed in enforcing said
agreement. Notwithstanding any other provision oflaw, the city may withhold final or interim inspection of
PAD Fee Update (November 2002)
units for which building pennits may have been issued and may withhold issuance of additional building
pennits, certificates of occupancy if applicable, or any other processing of entitlements on any property or
improvements included within the territory of the map so approved or otherwise owned by applicant, until
the required fees are received by the city. Any land to be contributed for the purposes outlined in this
chapter shall be dedicated to the city and shown on the final subdivision or parcel map at the time of
approval. The director of fmance shall be responsible for the collection and distribution of fees as set forth
in this chapter. Fees celleeted fer flcigllbðffieed fIfltl eemfl1t1l1ity pl!fkJ stall be kept ifl scpllffite ftlf\(jg.
lIane.fr. the fit) 3Hall ftR7e the aèilit} 18 3hift fee ama1:lflt3 bet\.eeR t.fie fleigHs8ffiaad RHå e6ffiffittHity park
f¡lfItls ¡;hell flccesslll).
B. Planned developments shall be eligible to receive a credit as detennined by the city council, against the
amount ofland required to be dedicated, or the amount of the fee imposed, for the value of private open
space within the development which is usable for active recreational uses. Such credit, if given, shall be
determined on a case-by-case basis. (Ord. 2592 § I, 1994; Ord. 2243 § I, 1987; Ord. 1668 § I, 1976).
17.10.110 Periodic review and amendment authorized.
Costs, population density, and local conditions change over the years, and the specified fonnula for the payment
of fees for acquisition of park sites as stated in this chapter is subject to periodic review and amendment by the
city council (Ord. 1668 § I, 1976).
Park Acquisition & Development Fee, 2002 Update
ATTACHMENTS
1. Parkland Market Value Appraisal
2. Park Construction & Development Cost Estimates
3. Proposed Parks Phasing Plan, 2002-2005
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70 Acres at Otay Ranch
Chula Vista California
Prepared for City of Chula Vista
IRR-SD File No. 2001307
]
RECONCILIATION OF MARKET VALUE "AS IF COMPLETE"
LAND USE SCENARI8
The sales comparison approach was the only approach to value since development costs were not available
at this time. The client requested that we appraise the sub·ect (total of 70 acres) in a finished condition
(land only with an underlying land use designation of LowlMedium Residential;! This land use has a
density of 4.5 dwelling units per acre. Based on the tota1 site area (70 acres) and the density (4.5
DUs/Acre), the subject could yield 3l5± single family lots.
u
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The sales comparison approach indicated a reconciled finished lot value of S122,OOO with fees at permit.
After deducting the estimated fees at permit (S22,ooo) from the finished lot (SI22,Ooo), the finished lot
value was SIOO,ooo without fees at permit. Based on a yield of 315± lots and a finished lot value of
SIOO,Ooo, the market value "as if complete" was $31,500,000 (rounded), or $450,000 per acre, per the
land use allocation provided by the client (see Extraordinary Assumptions and Limiting Conditions). The
date of value was March 29, 2002.
J
.,
(70 Ácros)
s;'glc Family Product
Iù<endIe4 Uond v.... (RoomdM)
Per Acre ø... (7' .....)
(1) EJrlmaled yieldfor the 70 DCra bœed 011 the løwIMedilDlt RaidenÐDJ derø/ty of 4.5 DU./Acre.
(J) &eDllciledßnøhed lotvalw withfu/I at permit via the.ala COltlparØOft approoch (.ca).
Feø at pc""il provided by MtMiUin COfIIptJllia.
fÇj F,1Iùhed lot WÙJle withoutfeø at pc,.",;, (land only).
~) Market vow !' "ø.r If cOIIIpære "lxøed 011 the y;eÍd or IDttll acreage per the client', land lUe ølJocation. March 29. 2002.
Finished
Lot VIII...'"
Sloo.OOO
lodicoted
IADd Val...1')
$31.500,000
$31 ,soo,o00
5450,000
1
~
1
-.
Las F...
at pennltC>'
m,ooo
,J
1
LAND USE SCENARIQ
This Land Use Scenario allocates the 70 acres over the entire land uses for Village 7 (see Land
UselEntitlements). Based on the City's allocation, there is 48.5 acres of LowlMedium Residential, 7.0
acres of MediwnlHigh Residential, 3.90 acres of Multiple-Use, and 10.60 acres of "Other" (e.g.
greenbelt/open space). Once again, the sales comparison approach was the only approach to value since
development costs were not available at this time. Based on the allowable densities for the residential
development, the 48.5-acre single family site could yield 218± single family lots and the 7-acre attached
site could yield 102± units. Notable is that the Multiple-Use site could be developed with neighborhood
commercial or community purpose facility uses and thus we considered both uses in this scenario.
,..,
.'
c'
.J
Land Use Scenario 2A includes the 3.90-acre site with the underlying land use of Neighborhood
Commercial. The sales comparison approach indicated a reconciled finished lot value of $122,000 with
fees at permit. After deducting the estimated fees at permit (S22,ooo) from the finished lot (SI22,OOO), the
finished lot value was SIOO,OOO without fees at permit. Based on a yield of 2l8± lots and a finished lot
value of SIOO,OOO, the market value "as if complete" for thjLowlMedium Residential land u~
u
.i
œcIJntegra Realty Resources - San Diego
VALUbwk'DI
.Á'ITACffMENT iI3
]
70 Acres at Otay Ranch
Chula Vista, California
]
]
]
]
]
]
Prepared for City of Chula Vista
JRR-SD File No. 200/307
J
S2I,800,000. The attached product had a reconciled unit value 0 condition. Based
on a yield of ) 02± units, the market value "as if complete" for th MediumlHigh Residential land use
$4,896,000 For the Multiple-Use site, the 3.90-acre with an underlying land use of neighborhood
commercial valued at S13.00 per square foot which extended to S2,208,492 in a superpad condition.
or the entire 70-acre site, the market value "as if complete" was S28,9oo,000 (rounded), or $412,857 per
acre, per the land use allocations provided by the client (see Extraordinary Assumptions and Limiting
Conditions). The date of value was March 29, 2002.
Land Use Scenario 2B is similar, except for the Multiple-Use site which has an underlying land use of
Community Purpose Facility (CPF). For this site, the 3.90 acres was valued at S5.50 per square foot which
extended to S934,362. For the entire 7D-acre site, the market value "as if complete" was S27,630,OOO
(rounded), or S394,7l4 per acre, per the land use allocations provided by the client (see Extraordinary
Assumptions and Limiting Conditions). The date of value was March 29, 2002.
LowlMedìum R...d...tiol
(70 Ac....)
SUlolcFImiIy_(Looo)
AIUo__¡u,,;II)
CI'F("""')
To<a1:
ReconcUed r.-d Value (R.u.eII)
Per Acre (tob of 70 acres)
(I) Ûti",a,.d yield bcued 011 ,Ite Oløy GDP laNi IaU du,znøtiOlU tutti_ruiry.
(2) R.t:OIfCihdjinid..d lotWflw. witlt/.... Gt fH"'Iit or .".rp_ cortditiOft w. tJw MIla ØOfIfJHIrVOft lIpprotJelt.
) F.UII'~""'itpr"Oflrid.JbyMcMilb,.C""'pil"'U.
(4) FJnislwd lot vo1_ witi,oll.tfus at p<trrrlil or StqHrpød ccmditloll (Iø"d oIIIy).
P) Mœùt "aJaw "'as ifco",plell"bas.d 0" tlH YMlJ or 10141 øcrw.. HI' tJw ch.rrt~ løuJ au ølJocøtkHc.MørcJt 29, 2002.
J
~1Med.iwa ResidmtiltJ
(70 ACI'OS)
smatc FImiIy _ (Looo)
AIUodocd_(UnN)
Noòghb<xbood CommcociaI ("""')
To<a1:
RecOltdlecl Lad Value (RouDdeel)
Per Acre (tota or7Ð acres)
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&nuuiD 2A (W"1tII Ndgllborlcøod CommetcÜJ/)
No. of Loés FuWhed ~ F...
or AcresØ) VaI.CJ) at Permit")
Finiohed
V8Iue(.q
211
102
3."
122,000
$()
$()
SceltlUÌt12B (W"1tII c-u.uuùty Purpose Facility)
No. of Loés FuWhed ~ F...
or Ac:.rr:s(J) VaI.CZ) at PamitClJ
211 1122,000
102 $41.000
3.90 $5.5OISf
Finiohed
Value(.q
$100,000
$41,000
S5.SOlSF
lncIiatecl
Lond VoJ...'"'
121,100,000
S4,I96,OOO
12,201,492
$21,904,492
Sza,MCI,IOO
1412,157
Indicated
Lond Vah..'"'
$21,100,000
$..(,196,000
$934,362
$21,630,362
$27,63.....
$3",114
""""Integra Realty ResoUl'Ces - San Diego
v ALIJIrU'"
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CllY OF
CHUlA VISTA
Public Facilities DIF
November 2002
Amendment
Prepared by: Office of Budget & Analysis
The following City staff contributed
significantly to the PAD fee update
and/or the PFDIF update:
Parks
Joe Gamble
Mary Hofinockel
John Krizan
Office of Budget & Analysis
Cathy Burciaga
Marty Chase
Cheryl Fruchter
Pat Laughlin
Pablo Quilantan
Recreation
Buck Martin
Sunny Shy
MIS
Lucinda Smith
Planning
Carlos Fernandez
Dan Forster
Dai Hoang
Karen Wooten
Finance
Cora Benitez
Evelyn Ong
Bob Powell
Public Works Engineering
Tom Adler
Alex Al-Agha
Efi"aim Iribe
Dave Kaplan
City Attorney's Office
Elizabeth Hull
Ann Moore
Public Works Operations
Bob Beamon
Dave Byers
Library
David Pahner
Shauna Stokes
Building & Parks Construction
Community Development
Byron Estes
Leisa Lukes
Andy Campbell
Jack Griffin
Charline Long
Rene Olivo
City Manager's Office
George Krempl
Dave Rowlands
Police
* * * * *
Dan Hardman
Also contributing were:
Fire
Jim Geering
Jeff Peter
Iracsema Quilantan
Higbland Partnership, Inc.
Dave Welshans
SANDAG
Ed Shaeffer
Table of Contents
Section A. Overview
A.1. PFDIF Program Scope ...................................................................................1
A.2. Key Elements ................................................................................................. 1
Section B. The Fees
B.1. The New Fees ................................................................................................4
B.2. Project Timelines .................. ...... ........... ............ ..... ............ .................... ........ 6
B.3. Prepayment of Fees ....................................................................................... 7
Section C. Civic Center Expansion ....................................................................9
Section D. Police.................................................................................................. 13
Section E. Corporation Yard ...............................................................................16
Section F. Libraries................ ... ...... ............................... ..... ................................. 18
Section G. Fire Suppression ............................................................................... 21
Section H. GIS ............................ .......... .... ..................... .............................. .........23
Section I. Computer System Expansion ............................................................24
Section J. Telecommunications System Expansion.........................................25
Section K. Records Management System .........................................................27
Section L. Administration .................................................................................. 28
Section M. Major Recreation Facilities
1. Background........................................................................................................ 29
2. The City's Existing Standard for Recreation Facilities........................................ 30
3. Calculating a New City Standard for Recreation Facilities................................. 31
4. Facilities Provided by Development Prior to 2000 .............................................34
5. The Base Year for Calculating Development's Future Obligation ...................... 35
6. Development's Obligation for Recreation Facilities............................................ 36
7. The Plan for Recreation Facilities ...................................................................... 37
8. Cost of New Development Square Footage....................................................... 38
Section N. Proposed Changes to Municipal Code Chapter 3.50.....................41
Section O. Methodology. ..... ...... .............. ....... ...... ...... ... .............. ............. ... ... ..... 51
APPENDICES .................... ..... ......... ....... .... ... .... ... ... ... ..... ..... ... ... ....... ... ....... ..........52
Public Facilities OIF, November 2002 Amendment
Section A. Overview
A.1. PFDIF Program Scope
The Public Facilities Development Impact Fee (PFDIF) program consists of 11 project
components:
);>
);>
);>
);>
);>
);>
);>
);>
);>
);>
Component 1:
Component 2:
Component 3:
Component 4:
Component 5:
Component 6:
Component 7:
Component 8:
Component 9:
Component 10:
Civic Center Expansion
Police Facilities and Equipment
Corporation Yard Relocation
Libraries
Fire Suppression System
Geographic Information System (GIS)
Computer Systems
Telecommunications Systems
Records Management System
Administration
Plus an 11 th component being added as part of this amendment:
);> Component 11: Recreation Facilities
Individual PFDIF components may include multiple projects. For example, Component
5: Fire Suppression System includes various fire stations (e.g. Rancho del Rey, Otay
Ranch - Village 2, Rolling Hills, Eastlake, and Otay Ranch - EUC). Similarly, the new
Component 11: Recreation includes community centers, senior/teen annexes and
gymnasiums planned for the Sunbow, Rolling Hills, Eastlake and Otay Ranch
developments. These facilities are needed to serve the growing City population.
A.2. Key Elements
All of the elements/factors detailed in the March 2002 report are operative for this
amendment, except that the discussion regarding the assignment of benefit (A3, third
paragraph) is hereby replaced with the following language:
The Allocation of Fees bv Land Use
Since the inception of the PFDIF, fees have been only spread over two primary
categories:
. Residential Units
. Commercial/Industrial Acreage
City of Chu/a Vista, Odober 2002
1
Public Facilities OIF, November 2002 Amendment
Comparatively, the Transportation DIF (TDIF) is allocated over four primary categories:
· Single Family dwelling
· Multi-Family dwelling
· Commercial acre
· Industrial acre
During recent updates of the PFDIF staff have been asked to study the feasibility of
deriving separate PFDIF allocations for each of the four primary land use categories,
similar to the TDIF. However, until June 2002 the data and methodology needed to
derive more precise allocations was not available.
A Model for Allocatinq Fees Based on Service Demand
The Fiscal Impact of New Development (FIND) model was originally developed in 1996
as part of the Otay Ranch annexation. The model was the basis for the tax sharing
agreement between the City and County. A model similar to FIND but somewhat more
complex will be used as part of the ongoing General Plan Update. Although all project
level fiscal impact studies have employed methodologies similar to the general FIND
methodology, only FIND calculates the demand for services for each of the four primary
land uses.
FY 2001/02 was the first year the FIND model was run to assess expenditure and
revenue impacts in the Otay Ranch. As part of this assessment, the FIND model was
fine-tuned, using SANDAG land use statistics.
In this update, a methodology similar to the FIND model has been utilized to allow staff
to more precisely allocate the fee amongst the four primary land uses. Some FIND
methodology was modified to present even more accurate service demand factors.
Table 1 below details the source of the demand factors for all of the PFDIF components;
Table 1. Source of Service Demand Factors
PFDIF Component Service Source
#2 Police FIND
#3 Corporation Yard TDIF traffic factors
#4 Library (residential only) Proportionate DUs
#5 Fire FIND
#11 Recreation (residential only) Proportionate DUs
#1 & #6-10 General Government Weighted, average demand
(all other components) factor for services #2-5 & #11
City of Chute Viste, Odober 2002
2
Public Facilities DIF, November 2002 Amendment
Based on these sources, the following service demand factors were applied:
Table 2. Service Demand Factors
Land Use
Service Area SFU MFU Commercial Industrial
Police .1725 .4125 .3825 ,0325
Corporation Yard .395 .288 .225 .092
Library (residential only) .524 ,476 0 0
Fire .38 .37 .2 ,05
Recreation (residential only) .524 .476 0 0
General Government .357 .408 .201 .034
(all other components)
NOTE: Single family units include single family detached homes and detached
condominiums. Multi-family units include attached condominiums, townhouses,
duplexes, triplexes, and apartments.
As development proceeds, the service demand weights will vary slightly from year-to-
year, reflecting the comparative rates of growth for each land use. However, at buildout,
the weights are expected to remain reasonably equivalent to the current values. As
such, the City and its major developers have agreed not to reevaluate the demand
weights annually. Demand weights will only be reevaluated if significant, permanent
changes occur in the City's underlying land use plans. The applicable service demand
factors have been applied to calculate fees by land use for each PFDIF component.
These calculations are presented in the individual component sections and are
summarized in Appendix #1 (Fees by Land Use).
*******************
Current law requires the City to make a finding of continued need if a fee remains
unexpended after five (5) years. Since the City's development timeline runs through the
year 2030, it will often be the case that fees remain unexpended after five years, whether
committed or not, the City shall make the following findings with respect to the
unexpended funds:
>- Identify the purpose to which the fee is to be put;
>- Demonstrate a reasonable relationship between the fee and the purpose;
>- Identify all sources and amounts of funding anticipated to complete financing
of the improvement; and
>- Designate the approximate date on which such funding will be available.
The expenditure plans detailed in each PFDIF and summarized in the overall Cash Flow
Analysis serve the purpose of identifying the planned use of all PFDIF funds and
committing those funds that will not be expended within the next five years.
City of Chulo Vista, Odober 2002
3
Public Facilities DIF, November 2002 Amendment
Section B. The Fees
81. The New Fees
Table 3 compares the current, overall fees and the proposed new fees by land use type.
Table 3.
Current Proposed
Land Use Type Fee Fee
Single Family Dwelling Unit $4,888 $5,048
Multi-Family Dwelling Unit $4,888 $4,726
Commercial Acre $20,860 $20,764
Industrial Acre $20,860 $3,848
Important points to note about the table are:
. Single family units include single family detached homes and detached
condominiums. Multi-family units include attached condominiums, townhouses,
duplexes, triplexes, and apartments.
· There is a significant decrease in the fee charged for industrial land uses,
because of their low demand for various PFDIF related services, such as fire and
police.
· Despite the addition of the new recreation component, the fee for single-family
units increased by only $160. Conversely, the fee for multi-family units decreased
by $162. These results were achieved because of three predominant factors:
:.- A new phasing schedule was developed based on updated planning
forecasts (ref Appendix 2, Cash Flow Analysis- Revenue-Building
Forecast);
:.- A new development forecast for all parcels within the City was recently
completed in September 2002. The result was an increase in the number of
EDUs over which to PFDIF-related costs; and
:.- Projected interest on PFDIF fund balances grew substantially, leading to
significantly higher fee offsets.
Lastly, the fee for commercial acreage remained essentially unchanged.
City of Chu/a Vista, Odober 2002
4
Public Facilities OIF, November 2002 Amendment
Table 4 below details the updated fee for each of the 11 PFDIF components.
Table 4. Fee Comparison: Current vs New
New Fee
Cummt Single Multi
PFDIF Component Fee Family Family Commercial Industrial
DU DU Acre Acre
1. Civic Center $1,202 $1,089 $976 $4,245 $711
2. Police $1,635 $804 $1,190 $10,356 $1,070
3. Corporation Yard $707 $706 $472 $3,266 $1,361
4. Libraries (residential only) $716 $753 $719 $0 $0
5. Fire Suppression System $449 $450 $448 $2,245 $597
6. GIS $9 $9 $8 $36 $6
7. Computer Systems $7 $6 $6 $25 $4
8. Telecommunications $6 $5 $5 $20 $3
9. Records Management System $8 $8 $7 $30 $5
10. Administration $149 $139 $124 $541 $91
11.Recreation (residential only) $0 $1,079 $771 $0 $0
TOTAL per Residential Unit $4,888 $5,048 $4,726
TOTAL: Commercialllndustrial
Acre 1 $20,860 $20,764 $3,848
1 The commerciallindustrial fee does not include costs for libraries or recreation, where demand is
residential based.
City of Chu/a Vista, Odober 2002
5
Public Facilities DIF, November 2002 Amendment
82. Project Timelines
Table 5 summarizes the increments in which major projects are expected to be
constructed (ref Appendix 2, Cash Flow Analysis- Expenditures). The table also
indicates the proposed funding mechanism for each project. The actual timelines may
vary, depending on buildout rates and the City's growth management thresholds.
Table 5. Project Timelines
PFDIF Funding Source
Project External Fund
Component Project Completed Financing Balance Other Notes
Civic Center Expansion 2004-08 X
Police Facility 2002-04 X X
Corp Yard Facility X X X
Library Rancho del Rey ~005 X X 1.
Otay Ranch 2011-15 X
Fire Otay Ranch 2003 X
FS#7
Rolling Hills 2004-05 X
FS #6A
Otay Ranch EUC 2006-1 0 X
FS#8
Eastlake Trails 2011-15 X
FS#9
Recreation Sunbow 2003-04 X 2
Communitv Center
Rolling Hills! Rancho
San Miguel 2003-05 X X 2
CommunitY Center
Eastlake 2003-05 X X 2
Gvmnasium
Otay Ranch X
Communitv Center
Otay Ranch X
Aauatics ComDlex
1. The funding may include State grant.
2. The City will be funding a portion of the Eastlake Gymnasium under the terms of a prior City-
developer agreement.
City of Chu/a Visfa, Odober 2002
6
Public Focilities OIF, November 2002 Amendment
83. Prepayment of Fees
In the March 2002 PFDIF update, developers were given the opportunity to
to prepay fees for two components - Police Facility fees and Civic Center Expansion
fees - at a reduced rate, described in greater detail in each component.
Funding for the police facility project was obtained earlier this year. As such, developers
can no longer opt to prepay this component.
The prepayment terms and conditions for the civic center expansion project remain
unchanged from those detailed in the March 2002 report and are as follows:
· The fee may be prepaid for some or all of the permits remaining to be pulled at
the time the fee is prepaid;
· From time to time, the prepaid fee will be adjusted to account for any
extraordinary costs and BCI/CPI adjustments. Cost increases related to these
two factors will be spread over all remaining DUs and/or commercial/industrial
acreage. This includes those prepaid DUs and acreage for which permits
have not yet been pulled. Cost increases not related to these two factors will
be spread over all remaining development, except for prepaid DUs and
acreage.
· The prepaid fee may also be adjusted to account for any extraordinary
changes in the DU total. Extraordinary DU changes are defined as increases
or decreases in the remaining DU total, not related to pulled permits, which
exceed 2,000 DUs. For example, should the University site revert to its
underlying 2,584-DU residential plan, then these DUs would be added to the
remaining DU total, thereby lowering the fee. This savings would, in turn, be
passed back to those prepaid DUs on which permits have not yet been pulled.
Conversely, should the Bayfront plan result in 2,000 fewer DUs than presently
planned, the remaining DU total would be lower, thereby increasing the fee.
The fee increase that is solely due to this extraordinary change in DUs would
similarly be spread to all remaining DUs and acreage, including those that are
prepaid and on which permits have not yet been pulled.
· Prepayment of Civic Center component fees must be made to the City Finance
Department by the date indicated in the component.
· The City shall retain any interest earned on the prepaid funds. Said earned
interest shall be used for any allowable PFDIF purpose.
· If a developer transfers prepaid DUs or commercial/industrial acreage to a
merchant builder, then the developer has sole responsibility for ensuring that
City of Chula Vista, October 2002
7
Public Facilities DIF, November 2002 Amendment
accepted cost adjustments, as detailed above, shall be remitted to the PFDIF
fund by either the developer or the merchant builder in a timely manner. As
part of the prepayment process, an acceptable agreement must be entered
into with the City.
City of Chula Vista, Odober 2002
8
Public Facilities DIF, November 2002 Amendment
Section C
Component 1. Civic Center Expansion
Chances from the March 2002 Report
The overall cost for items in the component decreased due to a reduction in the
expansion project's projected finance costs.
It is proposed that the current fee for the Civic Center
Component be revised from $1,202 per Residential DU and
$6,010 for Commercial/Industrial acre to the new fee of:
$1,089 per Single Family dwelling unit
$ 976 per Multi-Family dwelling unit
$4,245 per Commercial acre
$ 711 per Industrial acre
Prepavment:
The current and new prepayment fees are detailed in the table below:
Credit: Debit
Land Use Current Prepay Fee New Prepay Fee DUlAc DUlAc
Single Family DU $ 708 $614 $94
Multi-Family DU . $ 708 $550 $158
Commercial Acre $3,540 $2,395 $1,145
Industrial Acre $3,540 $401 $3,129
As detailed in the table, those prepaid permits remaining to be pulled will have a credit
per DU or commercial/industrial acre. As such, if the developer or merchant builder has
additional units or acreage beyond those prepaid, the applicable per unit credit will be
applied. If the developer/merchant builder does NOT have a sufficient number of non-
prepaid units to absorb the credit, credits may be used for other PFDIF components.
Developers/ merchant builders who fall into this second category must contact City staff
to agree upon an appropriate schedule for using remaining credits as permits are pulled.
The terms for prepayment remain unchanged except that the date for prepaying Civic
Center Component fees has been changed to March 31, 2003.
City of Chula Vista, Odober 2002
9
Public Facilities DIF, November 2002 Amendment
CIP# Project Status TOTAL Cost' PFDIF PFDIF Note
Share %
FY 1987- FY 2002 Projects
GG125 Expansion-Citv Hall Complete $57,064 $28,627 50.2%
GG126 Expansion-Com Dev Blda Complete $163,863 $0 0%
GG141 Expansion-Citv Hall Complete $129.291 $0 0%
GG153 Expansion-EI Dorado Bldo Complete $1,064,550 $1,064,550 100%
GG102 Master Plan-Civic Center Complete $50,042 $50,042 100%
Master Plan-PFDIF 1991 Complete $65,250 $65,250 100%
CC100 Remodel-CU Complete $9.594 $9.594 100%
GG154 Remodel-Lea Bldo Complete $38,564 $0 0%
GG105 Remodel-PSB Complete $37,393 $0 0%
GG107 Remodel-City Hall Complete $31,000 $0 0%
GG137 Remodel-PSB Complete $73,979 $46,695 63.6%
RS63 Remodel-PSB Complete $13,160 $0 0%
GG157 Remodel-PSB Complete $29.300 $0 0%
GG139 Remodel-Civic Center Complete $11.659 $10,563 90,6%
Leased Space Complete $127,587 $115,594 90,6%
GG139 Expansion - Mercv property Complete $1.060,641 $1,060.641 100%
GG138 Relocation-Purchasino Div Complete $7.621 $6,905 90.6%
GG146 Relocation-Open Soace Div Complete $75 $68 90,6%
GG168 Relocation-Recreation Div Complete $20,281 $20,281 100%
GG130 Parking Expansion-Adamo Complete $651,876 $651.876 100%
GG132 Parkina Expansion-Main Lot Complete $174.993 $174,993 100%
GG142 Telecommunications Expansion Complete $39,175 $39,175 100%
GG167 Renovation-Citv Hall Complete $530,000 $8.675 1.6%
GG 177 Remodel-PSB Complete $449.000 $384,920 85,8%
OP113 Enar Automation Uparade Complete $298,000 $10,000 3.4% 1.
OP114 Plannina Automation Uoorade Complete $52,500 $24.250 46.2% 1.
City Staff Services Complete $300,000 $300,000
$5,490,447 $4,072,699
FY 2002 - 2010 Projects
GG139 Maior Expansion and Remodel Pendina $37,630,332 $28,746.095 76.4% 2.
GG139 Major Expansion Financina Cost $17,852,461 $17,852,461 100% 3.
GG139 Interim Expansion Pendina $1,064,000 $1.064,000 100%
Ongoing Projects (thru buildout)
I Eauipt & Furnishinas: New Staff I Onaoina I $2,219.306 $2,219,306 100% 4.
TOTAL OBLIGATION $53,954,561
CREDITS:
Fees Collectedllnterest Earned thru 6/30/02 1$12,102,588)
Fees Collectedllnterest Earned proiected 7/1/02 thru 11/12/02 1$1,127,246)
REMAINING OBLIGATION $38,586,171
Fee Calculation Continued on Next Paae
FEE CALCULATION - CIVIC CENTER COMPONENT
City of Chuta Vista, Odober 2002
10
Public Facilities OIF, November 2002 Amendment
Civic Center - Fee Calculation Continued
REMAINING OBLIGATION $38,586,171
Service Demand % 1 Eamed
By Service Remaining Unadjusted Interest Adjusted
Land Use Demand Cost Share DUs/Acres Fee Offset Fee USE
Sinale Familv DU .355 $13,698,091 12,655 $1,088,52 2 $1,088.52 $1,889
Multi-Familv DU .407 $15,704,572 16,175 $975.69 2 $975.69 $976
Commercial Acre .204 $ 7,871,579 1,827.11 $4,244,82 2 $4,244.82 $4,245
Industrial Acre .034 $ 1311930 1,791.67 $710.70 2 $710.70 $711
1,00 $38,586,172
1 Service demand percentages principally reflect the FIND (Fiscal Impact of New Development) Model
coefficients applied in the 2001 City/County Revenue Sharing Allocation analysis for the Otay Ranch.
2 Eamed interest is allocated in other components
City of Chula Vista, October 2002
11
Public Facilities DIF, November 2002 Amendment
Civic Center Shares
PFDIF Share City Share
Section 1. Construction Total $
% $ % $
Building Improvements - excluding FS#1 $19.458.032 100.0% $19,458.032 0,0% $0
Building Improvements - FS#1 $2.832.000 65.1% $1.844.803 34.9% $987.197
City Share not yet Identified 0.0% -$1.000,000 100.0% $1.000.000
City Share of FS#1 Relocation: See Section 3
Total Construction $22.290.032 $21.302.836 $987.197
Section 2. On-Site Improvements
Parking and Associated Landscaping-Existing Lot $361.209 0,0% $0 100,0% $361.209
Parking and Associated Landscaping $1.669.175 48,5% $809.550 51.5% $859.625
Civic Plaza Landscape $214.575 48.5% $104.069 51.5% $110.506
Civic Plaza Hardscape $1,419.250 48.5% $688.336 51.5% $730.914
Exterior Structures $756.875 48.5% $367.084 51.5% $389.791
Civic Art $21.800 0,0% $0 100.0% $21.800
Signage $58.300 48,5% $27.306 51.5% $28.995
Water Features & Vehicular Drop-Off Area $244.063 0.0% $0 100.0% $244.063
Outside Benches, ate $67.200 48,5% $32.592 51,5% $34.608
Flag Poles $59,430 0.0% $0 100,0% $59.430
Metal Tree Grates $46.752 48,5% $22.675 51.5% $24.077
Pavjmon Improvements $0 0.0% $0 100,0% $0
Lighting $735.433 48.5% $358.685 51,5% $378.748
Fueling Area $266.680 48.5% $129.340 51,5% $137.340
Hazardous Materials Storage $177.000 48,5% $85.845 51.5% $91.155
City Share of FS#1 Relocation: See Section #3
Total On-5ite ImDrovements $6.095.741 $2.623,481 $3,472.260
Section 3. City Share of FS#1 Relocation -$1.663.178 $1.663.178
h-otal Project: City Share of Building, Site Improvements & Allowances
Total Construction + On-Site Improvements $28,385.773 78.4% 522,263,139 21.6% 56,122,834
Section 4. City Budgeted Allowances
Permits, Fees, City Staff Services, Contingencies, Special Inspections $6.799.566 78,4% $5.332.942 21.6% $1.466.624
FF&E $1.535.801 26.6% $408,499 73.4% $1.127.302
Telecommunications Allowance $368.592 100,0% $368.592 0,0% $0
UPS for T elephone/Computer Systems $122.884 48,5% $59.589 51.5% $63.275
Other Equipment $184.297 48.5% $89.384 51.5% $94.913
Computer Network Wiring $215.012 100.0% $215.012 0.0% $0
T eJevisions $18.427 48.5% $8.937 51.5% $9.490
Total Budaeted Allowances $9.244.559 $6.482.956 $2.761.603
PFDIF Share City Share
Total Proiect $37.630.332 76.40/. $28,746.095 23.6% $8.884.237
City of Chula Vista, Odober 2002
12
Public Facilities OIF, November 2002 Amendment
Section D
Component 2. Police
Chanqes from March 2002 Report
The major revision concerned the project's increased insurance costs, which went from
$1,950,000 (pre-9/11 estimated) to $4,432,613 (post 9/11), an increase of $2,482,613.
This increase could not have been foreseen when the project budget was originally
established. The increased insurance cost was included in the bond issue, yielding a 30-
year cost of $5,064,531. The PFDIF share is calculated to be $2,456,297 (48.5%).
Future vehicle and equipment needs were also updated.
Offsetting all but $1,851,873 of these increases was a decrease in overall finance costs.
It is proposed that the fee for the Police Component be
revised from $1,635 per Residential DU and $8,175 per
Commercial/Industrial acre to the new fee of:
$ 804 per Single Family dwelling unit
$ 1,190 per Multi-Family dwelling unit
$10,356 per Commercial acre
$ 1,070 per Industrial acre
PreDavment of the fee
The current and new prepayment fees are detailed in the table below:
Credit: Debit
Land Use Current Prepay Fee New Prepay Fee DUlAc DUlAc
Single Family DU $865 $464 $401
Multi-Family DU $865 $ 554 $311
Commercial Acre $4,325 $5,930 ($1,605)
Industrial Acre $4,325 $ 617 $3,708
As detailed in the table, prepaid permits covering residential units or industrial acreage
will have a credit per DU or Acre (Single Family and Industrial). As such, if the developer
City of Chuta Vista, Odober 2002 13
Public Facilities DIF, November 2002 Amendment
or merchant builder has additional units beyond those prepaid, the applicable per unit
credit will be applied. If the developer/merchant builder does NOT have a sufficient
number of non-prepaid units to absorb the credit, credits may be used for other PFDIF
components. Developers/ merchant builders who fall into this second category must
contact City staff to agree upon an appropriate schedule for using remaining credits as
permits are pulled.
For commercial acreage, the increase in the prepayment fee will be charged as
remaining prepaid permits are pulled. This will mean that the prepaid sum will cover less
acres than originally planned. It's important to note that prepaid commercial acres have
a per/acre credit of $1,145 against the Civic Center component. This will offset all but
$460 per acre debit on the Police component. The developer/merchant builder who has
prepaid commercial acreage will be able to offset the remaining deficit through the
additional credits on residential units.
The terms for prepayment remain unchanged. Since the new police facility project has
already been financed, fees can no longer be prepaid on this component.
City of Chute Viste, Odober 2002
14
Public Facilities OIF, November 2002 Amendment
FEE CALCULATION - POLICE COMPONENT
C/P# Project Status TOTAL Cost PFD/F Note
Share
$29,821 $18,081 60.6%
$4,970,714 $2,229,354 44.8% 1.
PS144 $48,672 $17,279 35.5%
$16,515 $8,010 48.5%
$487,619 $487,619 100%
PS115 $4,612,051 $2,236,845 48,5%
$222,013 $107,676 48.5%
$130,395 $130,395 100%
$517,115 $250,801 48.5%
On-going Projects (thru bulldout)
$6,323,975 $ 6,323,975 100%
TOTAL OBLIGATION
$68,052,427
CREDITS:
Fees Collected/Interest Earned thru 6/30/02
Fees Collected/Interest Earned projected 7/01/02 thru 11/12/02
REMAINING OBLIGATION
($8,138,429)
($929,919)
$58,985,079
1, Includes CIPs: GF35. GF36, PS102, PS102C. PS102D PS103C, PS105. PS110, RS46, RS54.
RS61 and RS62,
REMAINING OBLIGATION $58,985,079
Service Demand % 1 Earned
By Service Cost Share Remaining Unadjusted Interest Adjusted
Land Use Demand DUs/Acres Fee Offset Fee USE
Sinole Familv DU ,1725 $10,174,926 12,655 $804.02 2 $804.02 $804
Multi-Familv DU ,4125 $24,331,345 16,175 $1,504,26 $314 $1,190.26 $1,190
Commercial Acre ,3825 $22,561,793 1,827.11 $12,348.35 $1,192 $10,356.35 $10,356
Industrial Acre .0325 $1917015 1,791.67 $1,069.96 2 $1,069.96 $1,070
1.00 $58,985,079
1 Service demand percentages principally reflect the FIND (Fiscal Impact of New Development) Model
coefficients applied in the 2001 City/County Revenue Sharing Allocation analysis for the Otay Ranch.
2 Earned interest is allocated in other components.
City of Chula Vista, Odober 2002
15
Public Facilities OIF, November 2002 Amendment
Section E
Component 3. Corporation Yard
Chanaes from March 2002 Reeort
The total cost of the corporation yard project has increased. However, since the PFDIF
share of the project was capped, this will not affect the fee. Prices for the vehicles
needed to serve new development were updated and additional vehicles, principally
related to storm drain operations. were added
It is proposed that the fee for the Corporation Yard
component be revised from $707 per Residential DU and
$3,535 per Commercial/Industrial acre to the new fee of:
$ 706 per Single Family unit
$ 472 per Multi-Family unit
$3,266 per Commercial acre
$1,361 per Industrial acre
City of Chu/o Visto, Odober 2002
16
Public Facilities DIF, November 2002 Amendment
FEE CALCULATION - CORPORATION YARD
C/P# Project Status TOTAL Cost PFD/F PFD/F Note
Share %
Master Plan Complete $68,685 $68,685 100%
Interim Expansions to Old CY:
GG135 Complete 100%
GG142 Telecommunication Expansion $65,225 $65,225
GG143 Complete
GG171 Information Svstem s Expansion $1,179,292 $234,875 19.9%
GG148 Old CY Parkina Expansion Complete $177,347 $177,347 100%
Rollina Stock Credit Complete $264,834 $264,834 100%
New Corporation Yard
GG131 New Corooration Yard Pending $16,502,014 47.1% 1.
New COrD Yard Financina $13,817,760 $9,630,152 69.7%
Non-Public Safetv Vehicles Onaoino $8,250,004 $8,250,004 100% 2.
Staff Eauiomenl: 1986-2030 Ongoing $365,913 $365,913 100% 3.
GG158 New Animal Shelter Open $3,904,168 $1,891,408 48.5%
New Animal Shelter Financina $888,392 $0 0%
Staff Services Open $911,336 $441,998 48.5% 4.
TOTAL OBLIGATION $37,892,455
CREDITS:
Fees Collected/Interest Earned thru 6/30/02 1$9,798,083\
Fees Collected/lnterest Earned projected 7/01/02 thru 11/12/02 ($680,281 )
Interest on Loan ($888,392)
REMAINING OBLIGATION $26,525,699
REMAINING OBLIGATION $26,525,699
Service Demand % 1 Earned
By Service Cost Share Remaining Unadjusted Interest Adjusted
Land Use Demand DUs/Acres Fee Offset Fee USE
Sinale Familv DU .395 $10,490,580 12,655 $828.97 $122 $706,97 $706
Multi-Familv DU ,288 $7,630,589 16,175 $471.75 2 $471.75 $472
Commercial Acre .225 $5,966,749 1827.11 $3,265.68 2 $3,265.68 $3,266
Industrial Acre .092 !l:2 437 781 1791.67 $1,360,62 2 $1,360.62 $1,361
1 $26,525,699
1. Service demand percentages are based upon the recently updated TDIF coefficients.
2 Earned interest is allocated in other components.
City of Chute Vista, October 2002
17
Public Facilities DIF, November 2002 Amendment
Section F
Component 4. libraries
Chanaes from the March 2002 ReDort
Rancho del Rey Library
As detailed in Table 1 below, the cost to construct a 30,000 SF library in Rancho del Rey
has increased significantly, based on the initial design phase:
Line Item Initial Proiection Current Proiection Comment
Construction $4,500,000 $7,154,400 Original estimate based on State Library's cost of $150 per square
foot; new State nroiection for San Dienó ~ion is $194,49 Der SF,
OnlOff Site Work $2,400,000 $3,113,800 Higher costs relate to need for deceleration lane on East -H" street,
special foundation support based on soils analysis; increased
screenina between librarv and fire station #4.
Books and $2,476,000 $2,731,015 Increase from $82,53 to $95.37 per square foot.
Materials
FFE $ 750,000 $1,902,800 Hiaher unit cost and increased snuare footaae
Site Acquisition $ 718,740 $1,706,420 Increase in acreage combined with increase in cost per square foot
based on new aDDraisal
Other, includes $1,800,000 $2,263,210
consultants,
project
manaaement, etc.
TOTAL $12,644,740 $18,871,645
As noted in the March 2002 report, the City has submitted a State Libraries grant
application. In order to help offset the increased PFDIF costs, the application is for a
36,392 SF library. By shifting 6,392 SF from the planned EUC Library to the Rancho del
Rey library, more PFDIF costs will potentially be covered by the State grant. As detailed
in Table 2, the net increase in the PFDIF share for the Rancho del Rey if the grant is
received would be $881,000.
Revised RDR Library Expanded Cost T olal Cost Granl Share PFDIF Share
30,000 SF 6,392 SF
$18,871,645 $3,732255 $22,603,900 $10,916,100 $11,687,800
March 2002 PFDIF $10,806,441
Share
Increase in PFDIF $ 881,359
Share Under Grant
Cify of Chula Vista, Odober 2002
18
Public Facilities DIF, November 2002 Amendment
For the purpose of fee calculation, the City cannot assume that the grant application will
be accepted by the State. Thus, similar to the March 2002 report, it was assumed that
the City has a 50% probability of receiving the grant over the three-year period. As such,
the PFDIF cost for fee calculation is calculated as follows:
Proiected Cost No Grant 150%\ Grant 150%) Weiahted Cost
PFDIF Librarv Cost #1 $22,603,900 $11,301,950
PFDIF Librarv Cost #2 $11.687,800 $5,843,900
$17,145,850
Thus, for the November 2002 update, a cost of $ is being used. This equalizes the
possible cost reduction (grant received) or the potential cost increase (grant turned
down) between current and future developers.
Otay Ranch EUC Library
The projected costs for the 23,608 SF EUC Library are detailed in Table 3. This
projection reflects the new per square foot costs associated with the RDR Library.
Line Item EUC Library EUC Library
23.608 SF March 2002 Comment
Construction $5.630,035
On/Off Site Work $2,019,965
Books and Materials $2,149,125
FFE $1,497,375
Site Acquisition $2,265,120 Projected 2.6 acres @ higher land value in the EUC
Other, includes consultants" $2,388,995 Higher costs for structured parking
I oroiect manaaement, etc.
TOTAL $15,950,615 $14,115,706
It is proposed that the fee for the Library component be
revised from $716 per Residential DU to the new fee of:
$761 per Single Family unit
$724 per Multi-Family unit
City of Chu/a Vista, Odober 2002
19
Public Facilities DIF, November 2002 Amendment
FEE CALCULATION - LIBRARY COMPONENT
CIP# Project Status TOTAL Cost PFDIF PFDIF Note
Share %
Master Plan 1987 Comnlete $30,900 $30,900 100%
LB132 Master Plan Undate 1998 Comnlete $65 077 $65,077 100%
LB125 South CV Librarv Comolete $13,175,617 $4,765,266 36.2%
LB127 Interim Library - EasUake Complete $320,983 $160,983 50.2%
LB129
Demand Management at Civic Pending $462,103 $462,103 100%
Center & South CV Libraries
LB124 Rancho del Rev Librarv Pendinn $22,603,900 $17,145,850 100% 1,
Olav Ranch Librarv Pendina $15,950,615 $15,950,615 100%
LB122 Automation S;;S Exnansion #1 Comnlete $643,774 $243,153 37.8%
LB133 Automation Svs Exoansion #2 Pendino $1,103,120 $299,828 27.18%
Civic Center Imnrovements Pendinn $1,500,000 $150,000 10%
Unallocated Comolete $619 $619 100%
TOTAL OBLIGATION $39,274,394
CREDITS:
Fees Collectedllnterest Earned thru 6/30/02 1$10902783)
Fees Collected/Interest Earned oroiected 7/1/02 thru 11/12/02 1$724,231\
REMAINING OBLIGATION $27,647,380
NOTES:
1. A PFDIF offset has been included to account for the potential State grant.
REMAINING OBLIGATION $27,647,380
Service Demand % 1 Earned
By Service Cost Share Remaining Unadjusted Interest Adjusted
Land Use Demand DUs/Acres Fee Offset Fee USE
Sinn-Ie Famj¡;;" DU .524 $14,487,227 12,655 $1,144.78 $392 $752.78 $753
Multi-Familv DU .476 $13,160,153 16,175 $813.61 $95 $718,61 $719
Commercial Acre 0 0
Industrial Acre 0 0
1.0 $27,647,380
Service demand percentages principally reflect the FIND (Fiscal Impact of New Development) Model
coefficients acclied in the 2001 CitviCountv Revenue Sharino Allocation analvsis for the Otav Ranch.
City of Chulo Vista, October 2002
20
Public Facilities DIF, November 2002 Amendment
Section G
Component 5. Fire Suppression
Chanaes from March 2002 ReDort
Based on preliminary quotes, the construction of FS#7 in Otay Ranch Village 2 was
increased. The increase also included higher vehicle costs and higher land acquisition
costs. These new costs were, in turn, factored into the projected cost for remaining
stations. Additionally,
~ FS#4 must be expanded to handle a new reserve truck to be used citywide.
The PFDIF share of the project ($260,828) is $126,502.
~ The training classroom and offices must be expanded. The PFDIF share of
this project ($501,465) is $243,211.
~ The storage facility at FS# 2 must be expanded to serve all tire stations at a
cost of $1,109,000. The PFDIF share of the project is $552,958.
It is proposed that the fee for the Fire component be
revised from $449 per Residential DU and $2,245 per
Commercial/Industrial acre to the new fee of:
$ 450 per Single Family unit
$ 448 per Multi-Family unit
$2,245 per Commercial acre
$ 597 per Industrial acre
City of Chu/a Vista, Odober 2002
21
Public Facilities DIF, November 2002 Amendment
FEE CALCULATION - FIRE COMPONENT
CIP# Project Status TOTAL Cost PFDIF PFDIF Note
Share %
Master Plans #1 & #2 Comnlete $72,932 $72,932 100%
PS112 Fire Trainina Tower-Relocation Comolete $653,168 $231,875 35.5%
PS107 FS #1 Expansion/Remodel Camplete
PS114 $422,370 $77,885 18.4%
FS#1-Fire Prevention Expansion Comolete $34,000 $34,000 100%
FS#6-lnterim Eastlake Comnlete $855,552 $855,552 100%
PS120 Rancho del Rev FS Comolete $1,117,640 $1,117,640 100%
PS129 Sunbow FS Complete $1,416,124 $1,416,124 100% 1.
Otav Ranch Villaae 2 FS Pendina $8,553,269 $8,553,269 100% 1.
Rollina Hills FS 1#6A) Pendina $2,469,300 $2,469,300 100% 1.
Otav Ranch EUC FS (#8) pendinn $3,648,278 $3,648,278 100% 1.
Eastlake Trails FS 1#9) Pendina $3,298,278 $3,298,278 100% 1.
Exoansion of FS#4 Pendina $260,828 $126,502 48.5%
Exoansion of storage, etc (FS#2) Pendina $1,275,350 $552,958 43.3%
PS127 Trainino Classroom COmnlete $592,345 $287,287 48.5%
Expansion of Trainina Classroom Pendina $501,465 $243,511 48,5%
Reserve Pumper #1 Complete $308,655 $107,888 35.0%
Reserve Pumper #2 COn1Dlete $307,365 $155,677 50.6%
Telesauirt COmnlete $359,625 $359,625 100%
Liaht and Air Truck Pendina $710,116 $344,406 48,5%
PS134 Brush Rio #1 ComnTete $197,850 $197,850 100%
Brush Rio #2 Pendina $262,745 $262,745 100%
PS130 Radio Communications Comolete $1,005 $1,005 100%
TOTAL OBLIGATION $24,414,587
CREDITS:
. Fees Collectedllnterest Earned thru 6/30/02 1$2,646,684)
Fees Collected/Interest Earned oroiected 7/01/02 thru 11/12/02 ($367,030)
REMAINING OBLIGATION $21,400,873
NOTES:
1, Cost variances between fire stations reflect differences in construction costs (e.g. for 2-bay versus
3-bay stations) and differences in station apparatus needs,
REMAINING OBLIGATION $21,400,873
Service Demand % Earned
By Service Cost Share Remaining Unadjusted Interest Adjusted
Land Use Demand DUs/Acres Fee Offset Fee USE
Sinale Familv DU .38 $8,132,332 12,655 $642.62 $193 $449.62 $450
Multi-Familv DU ,37 $7,918,323 17,165 $489.54 $42 $448.54 $448
Commercial Acre .2 $4,280,175 1827.11 $2,342.59 $98 $2,244,59 $2,245
Industrial Acre ,05 $1 070 044 791,67 $597,23 0 $597.23 $597
1.00 $21,400,874
Service demand percentages principally reflect the FIND (Fiscal Impact of New Development) Model
coefficients applied in the 2001 Citv/Countv Revenue Sharina Allocation analvsis for the Otav Ranch.
City of Chu/a Vista, Odober 2002
22
Public Facilities DIF, November 2002 Amendment
SECTION H
Component 6. GIS
There are no changes from the March 2002 report.
It is proposed that the fee for the GIS component be
revised from $9 per Residential DU and $45 per
Commercial/lndustrial acre to the new fee of:
$ 9 per Single Family unit
$ 8 per Multi-Family unit
$ 36 per Commercial acre
$ 6 per Industrial acre
TOTAL PFDIF PFDIF
CIP# Project Status Cost Share % Note
Basic System Complete $2.400,600 $978,304 40.75%
System Exoansion Complete $24,750 $24,750 100%
Sv-stem UD('rade Complete $35,200 $17,072 48.5%
Trainina Room/LAN Expansion Complete $20,167 $20,167 100%
TOTAL OBLIGATION $1,040,293
CREDITS:
Fees Collected/Interest Earned thru 6/30/02 (709,6961
Fees Collectedllnterest Earned proiected 7/01/02 thru 11/12/02 12,589\\
REMAINING OBLIGATION $328,008
FEE CALCULATION - GIS COMPONENT
REMAINING OBLIGATION $328,008
Service Demand % Earned
By Service Cost Share Remaining Unadjusted Interest Adjusted
Land Use Demand DUs/Acres Fee Offset Fee USE
Sinale Family DU .355 $116,443 12,655 $9.25 0 $9.25 $9
Multi-Familv DU .407 $133,499 17,175 $8.29 0 $8.29 $8
Commercial Acre .204 $66,914 1827,11 $36.08 0 $36.08 $36
Industrial Acre .034 $11152 1791 .67 $6.04 0 $6.04 $6
1.00 $328,008
Service demand percentages principally reflect the FIND (Fiscal Impact of New Development) Model
coefficients aoolied in the 2001 Citv/Countv Revenue Shari no Allocation analvsis for the Otav Ranch.
City of Chula Vista, Odober 2002
23
Public Facilities OIF, November 2002 Amendment
Section I
Component 7. Computer System Expansion
No change from the March 2002 report.
It is proposed that the fee for the Computer System
Expansion component be revised from $7 per Residential
DU and $35 per Commercial/Industrial acre to the new
fee of:
$ 6 per Single Family unit
$ 6 per Multi-Family unit
$ 25 per Commercial acre
$ 4 per Industrial acre
FEE CALCULATION - COMPUTER SYSTEM COMPONENT
TOTAL Cost PFDIF PFDIF
CIP# Project Status (Includes Share % Note
financinQJ
GG120 Mainframe Uccrade Comclete $858,337 $268,917 31.3%
GG140 Mainframe Enhancements Comclete $242,124 $75,785 31.3%
GG152 Fiscal System Upgrade #1 Complete $2,658,307 $112,546 4.2%
GG172 LAN Excansion/Uccrade #1 Comclete $276,200 $98,750 35.8%
TOTAL OBLIGATION $555,998
CREDITS:
Fees Collectedllnterest Earned thru 6/30/02 ($324,828)
Fees Collected/Interest Earned croiected 7/01/02 thru 11/12/02 ($3,306)
REMAINING OBLIGATION $227,864
REMAINING OBLIGATION $227,864
Service Demand % Earned
By Service Cost Share Remaining Unadjusted Interest Adjusted
Land Use Demand DUs/Acres Fee Offset Fee USE
Single Family DU .355 $80,892 12,655 $6.43 0 $6.39 $6
Multi-Family DU .407 $92,741 17,175 $5,76 0 $5.73 $6
Commercial Acre .204 $46,484 1,827,11 $25.07 0 $25.44 $25
Industrial Acre .034 $7747 1,791.67 $4,20 0 $4.32 $4
1.00 $227,864
Service demand percentages principally reflect the FIND (Fiscal Impact of New Development) Model
coefficients applied in the 2001 City/County Revenue Sharinc Allocation analysis for the Otav Ranch,
City of Chula Vista, Odober 2002
24
Public Facilities DIF, November 2002 Amendment
Section J
Component 8. Telecommunications System Expansion
No change from the March 2002 report.
It is proposed that the fee for the Telecommunications
System Expansion component be revised from $6 per
Residential DU and $30 per Commercial/Industrial acre to
the new fee of:
$ 5 per Single Family unit
$ 5 per Multi-Family unit
$ 20 per Commercial acre
$ 3 per Industrial acre
FEE CALCULATION - TELECOMMUNICATIONS COMPONENT
TOTAL Cost PFDIF PFDIF
CIP# Project Status (Includes Note
financing) Share %
GG128 Phone System Expansion #1 Complete $265,821 $265,821 100%
PBX System UpQrade #1 Complete $350,900 $170,187 48.5%
Voice ProcessinQ Complete $166,135 $80,576 48.5%
Adiustment ($85,596) ($60,637)
Radio Communication Upgrade Complete $1,477,987 $178,405 N/A 1.
PS151 New 800 MQHz System Partial $7,399,775 $0 0% 1.
TOTAL OBLIGATION $634,352
CREDITS:
Fees Collected/Interest Earned thru 6/30/02 ($442,351 )
Fees Collected/Interest Earned projected 7/01/02 thru 11/12/02 ($8,192)
REMAINING OBLIGATION $183,809
City of Chuto Vista, October 2002
25
Public Facilities DIF, November 2002 Amendment
Fee Calculation Continued
REMAINING OBLIGATION $183,809
Service Demand % Earned
By Service Cost Share Remaining Unadjusted Interest Adjusted
Land Use Demand DUs/Acres Fee Offset Fee USE
Sinale Familv DU .355 $65,252 12,655 $5,19 0 $5.19 $5
Multi-Familv DU .407 $74,810 16,175 $4.65 0 $4.63 $5
Commercial Acre .204 $37,497 1,827,11 $20.22 0 $20.22 $20
Industrial Acre .034 $6250 1,791,67 $3.39 0 $3,39 $3
1,00 $183,809
Service demand percentages principally reflect the FIND (Fiscal Impact of New Development) Model
coefficients acclied in the 2001 Citv/Countv Revenue Sharina Allocation analvsis for the Otav Ranch.
NOTES:
1. The PFDIF's share for this project was fixed, based on specific 9rowth-related costs. The PFDIF does
not have a share in the new 800 MgHz system, which is a non-growth-related upgrade required
because of surrendered public frequencies.
City of Chu/a Vista, Odober 2002
26
Public Facilities DIF, November 2002 Amendment
Section K
Component 9. Records Management System
No change since the March 2002 report
It is proposed that the fee for the Records Management
System component be revised from $8 per Residential
DU and $40 per Commercial/Industrial acre to the new
fee of:
$ 8 per Single Family unit
$ 7 per Multi-Family unit
$ 30 per Commercial acre
$ 5 per Industrial acre
FEE CALCULATION - RMS COMPONENT
TOTAL Cost PFDIF PFDIF
CIP# Project status (Includes Note
financino! Share %
GG129 Basic Svstem #1 Complete $347,428 $158,502 45,62%
Svstem Expansion #1 Complete $66,018 $66,018 100%
GG174 Document Imaaina, Citywide Complete $217,127 $105,307 48,5%
Svstem Expansion #2 Pendina $33,735 $33,735 100%
GG156 LAN Expansion Complete $3,500 $3,500 100%
TOTAL OBLIGATION $367,062
CREDITS:
Fees Collected/Interest Earned thru 6/30/02 ($89,251 )
Fees Collected/Interest Earned proiected 7/01/02 thru 11/12/02 ($3,573)
REMAINING OBLIGATION $274.238
REMAINING OBLIGATION $274,238
Service Demand % Earned
By Service Cost Share Remaining Unadjusted Interest Adjusted
Land Use Demand DUs/Acres Fee Offset Fee USE
Sinale Familv DU .355 $97,354 12,655 $7.74 0 $7.74 $8
Multi-Familv DU ,407 $111,615 16,175 $6.93 0 $6.93 $7
Commercial Acre .204 $55,945 1,827,11 $30,17 0 $30,17 $30
Industrial Acre .034 $9 324 1,791,67 $5.05 0 $5.05 $5
1.00 $274,238
Service demand percentages principally reflect the FIND (Fiscal Impact of New Development) Model
coefficients applied in the 2001 City/County Revenue Sharina Allocation analvsis for the Otav Ranch.
City of Chulo Vista, Odober 2002
27
Public Focilities OIF, November 2002 Amendment
Section L
Component 10. Administration
No change from the March 2002 report.
It is proposed that the fee for the Administration
component be revised from $149 per Residential DU and
$745 per Commercial/Industrial acre to the new fee of:
$139 per Single Family unit
$124 per Multi Family unit
$541 per Commercial acre
$ 91 per Industrial acre
FEE CALCULATION - ADMINISTRATION COMPONENT
C/P# Project Status TOTAL Cost PFD/F PFD/F Note
Share %
1989-2000 ComDlete $1.338,823 $1,338,823 100%
2001-2030 Ongoina $5,603,988 $5,603,988 100%
TOTAL OBLIGATION $6,942,811
CREDITS:
Fees Collected/Interest Earned thru 6/30/02 ($1,892,910)
Fees Collected/Interest Earned prajected 7/01/02 thru 11/12/02 ($133,791\
REMAINING OBLIGATION $4,916,110
REMAINING OBLIGATION $4,916,110
Service Demand % Earned
By Service Cast Share Remaining Unadjusted Interest Adjusted
land Use Demand DUs/Acres Fee Offset Fee USE
Single Family DU ,355 $1,745,219 12.655 $138,68 0 $138,68 $139
Multi-Family DU .407 $2.000.857 16,175 $124.31 0 $124.31 $124
Cammercial Acre .204 $1,002,886 1,827.11 $540.82 0 $540.82 $541
Industrial Acre .034 $167148 1,791,67 $90,55 0 $90,55 $91
1,00 $4.916.110
Service demand percentages principally reflect the FIND (Fiscal Impact at New Development) Model
caefficients applied in the 2001 Citv/County Revenue Sharina Allacation analysis tar the Otav Ranch.
City of Chu/a Vista, Odober 2002
28
Public Facilities OIF, November 2002 Amendment
Section M.
Component 11. Major Recreation Facilities
1. Background
In 1987, standards for major recreation facilities (buildings), such as community centers,
gymnasiums and swimming pools, were incorporated into the City's Parkland
Development Ordinance (PDO). Subsequently, in 1989, the City established the Public
Facilities Development Impact Fee (PFDIF). The PFDIF collects funds for the facilities
needed to serve new development. As part of the 2002 Parks & Recreation Master Plan
study, the City determined that the PFDIF should also be the mechanism to collect the
funds needed to build major recreation facilities.
The facilities to be included in the proposed recreation component of the PFDIF are:
.:. Community Centers
.:. Gymnasiums
.:. Swimming Pools
.:. Senior/Teen Centers
It is important to emphasize that the PAD fee will continue to cover the cost of non-
building recreation facilities such as tot lots and picnic shelters, outdoor sport venues
(e.g., baseball, softball and soccer fields, tennis and basketball courts), and minor park
buildings such as restrooms and maintenance buildings.
The proposed Recreation component of the PFDIF will accomplish three important
things:
· Complete the City's network of major recreation facilities. Although the network
will ultimately serve residents in both developing and existing areas of the City,
the proposed recreation DIF will only address the needs created by new
development.
. Increase the Citv's flexibilitv to meet future recreation needs. The PFDIF
Ordinance allows for funds collected for all components to be co-mingled and
used to fund projects in any single component. This provision will help the City
guarantee that the requisite funds will be available for future major recreation
facilities, while keeping financing costs (and impact fees) at a minimum.
. Reduce developers' initial capital outlavs. The proposed revenue collection
through the Public Facilities DIF will defer payment of fees from the final map
stage to the much later permit stage.
City of Chula Vista, Odober 2002
29
Public Facilities DIF, November 2002 Amendment
2. The City's Existing Standard for Recreation Facilities
As mentioned earlier, the City's PDO was amended in 1987 to include parameters for
major recreation facilities. The amended ordinance broadly outlined the amount of
space required for community centers, gymnasiums and swimming pools:
Community Center/Gymnasium:
One (1) 20,000 square foot Center and/or
Gymnasium per 24,000 residents
Swimming Pools:
One (1) 50-meter swimming pool with related
facilities per 20,000 residents
Table 1 transforms the ordinance's parameters into a per-capita standard. This will
facilitate subsequent comparisons between the existing standard and the proposed
alternative standard.
Table 1.
Ordinance Common Standard
Community 20,000 SF per 24,000 0.833 SF per resident
Center/Gymnasium residents
Swimming Pools (1) 50-meter pool (51,500 SF) 2.575 SF per resident
per 20,000 residents
Total Ordinance Standard 3.41 SF per resident
Is the City's existing standard reasonable?
The existing per capita standard of 3.41 square feet per resident implies that western
Chula Vista has only one-half of the recreation facilities needed. However, this is
contrary to the thinking of past City Councils who have deemed Western Chula Vista to
be "recreation rich" with its 1.7 square feet per capita in 1986. Moreover, to maintain a
standard of 3.41, the City would need to build an additional 257,161 square feet of new
facilities at a capital cost to the general fund of $57.9 million. Therefore, a new
recreation standard, reflective of the City's current and planned level of service, should
be established.
City of Chu/o Vista. Odober 2002
30
Public Facilities OIF, November 2002 Amendment
3. Calculating a New City Standard for Recreation Facilities
A new baseline recreation standard for the City ideally reflects the rate at which existing
and planned City-financed facilities serve the non-development population - that portion
of the population that is NOT due to growth from new development. Once determined.
this standard can then be applied to the new population that will be generated by
development.
The term "non-development.population" will be used throughout this
section and is defined as:
The City's base population as of January 1, 1986 Dlus any increase to this base
population that is the result of SANDAG projected changes in various socio-
economic factors, such as birth/death rates, vacancy rates, etc.
To determine the City's new baseline recreation standard, two variables need to be
calculated:
1. The total public recreation square footage provided bv the Citv through June
2002 plus any additional facilities which the City plans to fund in the future;
and
2. The non-development population projected at buildout.
The ratio of these two variables:
City-Financed (Public) Square Footage +
Non-Development Population
provides a new recreation standard that reflects the City's actual level of service to the
base population. Calculations follow.
City of Chu/a Vista, Odober 2002
31
Public Facilities DIF, November 2002 Amendment
3. Calculating a New City Standard for Recreation Facilities (continued)
. . Calculatinq the total public recreation square footaqe - provided bv the City
Table 2 below details the public recreation facility square footage that has been
provided by the City. Important points to note about the table are:
~ The City currently has 161,668 of public recreation facilities.
~ The recreation facilities within the City are supplemented by public school
facilities, quasi-public facilities (e.g. Girls and Boys Club, YMCA, etc) and
private provider facilities, which are not counted when determining the
City's baseline recreation standard.
Table 2.
Facility Type Square Footage
Community Centers 46,369
Gymnasiums 38,747
Swimming Pools 58,748
Special Population Centers, 17,804
(e.a. Senior and Teen Annexes)
Total 161,668
A detailed breakdown of square footage by facility is provided in Attachment A at the
end of this component.
City of Chu/o Vista, Odober 2002
32
Public Facilities DIF, November 2002 Amendment
3. Calculating a New City Standard for Recreation Facilities (Continued)
. Calculatinq the non-development population proiected at buildout
~ The base vear. In the PFDIF Program, the date for assessing pre-existing City
standards is January 1, 1986 - the year in which the development of planned
communities began. The State of California's Department of Finance
population for Chula Vista as of this date was 117,400. This figure includes
the annexed Montgomery population.
~ Base vear adiustments: At buildout, SANDAG's "Smart Growth" forecast
projects a citywide population of 274,5822, a total population increase of
157,182 since 1986. Based on SANDAG forecasts, a portion of the overall
population increase (5,048) will not be due to new development but will reflect
changes in various demographic factors (e.g., births) related to the City's base
population (refer to Attachment B for detailed calculations).
For PFDIF purposes, the City provides recreation facilities for the non-development
population of 122,448 residents at buildout.
117,400 Base year population as of January 1986
+ 5.048 Population increase, demographic factors -1986 to buildout
122,448 Total population at buildout - City responsibility
. X Calculatinq the Citv's baseline recreation standard
As was detailed in Table 2, the City is currently providing 161,668 square feet of
major recreational facilities. As calculated above and in Attachment B, the City will
be providing recreation facilities for a non-development population of 122,448
residents at buildout. Using these two factors, the City's new baseline service
standard is calculated to be 1.32 SF per resident:
161,668 SF + 122,448 Population = 1.32 SF/person
2 (275,455 - 873 = 274,582) As in the current PFDIF, projected population of 873 for Bonita Meadows
Estates is not included, awaiting possible annexation of the Bonita Meadows Estates Project
City of Chu/o Visto, Odober 2002
33
Public Facilities DIF, November 2002 Amendment
4. Facilities Provided by Development Prior to 2000
During the period January 1986 through December 2000, the City received the
equivalent of 5,823 square feet of facilities from new development:
· The City used $1,260,157 in PAD revenues to enhance existing recreation
facilities. These enhancements were needed to serve the expanding
population until new community parks and facilities could be constructed to
serve the Eastern territories. As detailed in Attachment C, these expenditures
were equivalent to 5,823 square feet of recreational facilities.
Summary
At buildout, Chula Vista's population is projected to be 274,582 under the SANDAG
"Smart Growth" plan. Currently, the major recreation facilities required to serve new
development are not being provided through existing mechanisms (I.e., the Parks
Development Ordinance). With this report, staff proposes the creation of a new funding
component of the Public Facilities DIF to pay for the needed facilities.
Overall, the amount of City-provided square footage is 161,668. Based on the City's
non-development related population, this equates to a new service standard of 1.32
square feet of major recreation facilities per capita. In the following sections, this
standard will, in turn, be applied to new development growth in order to determine the
amount of square footage developers are obligated to provide.
City of Chuta Vista, Odober 2002
34
Public Facilities OIF, November 2002 Amendment
Part 5. The Base Year for Calculating Development's Future Recreation Obligation
The City and its major developers have agreed to establish January 1, 2000 as the
date for determining new development's remaining obligation for recreational
facilities.
This date was agreed upon, in part, because:
knowing that the current PAD fee was inadequate to cover the cost of needed
facilities, the City, in consultation with major developers, solicited proposals for a
Parks and Recreation Master Plan update in December 1998. At that time, the
City could have sought to implement an interim increase in the PAD fee.
However, staff had very little information available for determining what such a fee
increase should be. During the intervening time, the City has even accelerated
some park plan approvals in order to meet critical timelines. The City should not,
therefore, be penalized for the time it took to "get it right". Thus, new
development's obligation should be calculated from January 1, 2000, with any
applicable credits factored in. It is important to emphasize that the adopted 2001
PAD increase did NOT include major recreation facilities.
As part of the overall agreement, the City has agreed to contribute $912,549 to
construction of the requisite facilities. This financial participation is in addition to
the funds the City will provide for the Eastlake gymnasium under a prior
agreement.
City of Chu/a Vista, Odober 2002
35
Public Facilities OIF, November 2002 Amendment
Part 6. Development's Obligation for Recreation Facilities
Table 3, below, calculates the amount of recreational square footage for which
development is responsible. Population growth between January 2000 and buildout will
generate the need for 148,348 square feet of recreational facilities. Since Jan 2000, the
City has received the equivalent of 3,665 SF, leaving a maximum developer obligation of
142,199 SF. However, as detailed in Part 7 of this component, the City's Park and
Recreation Master Plan stipulates a need for only 140,595 SF. As such, 140,595 SF
will become the developer obligation.
Table 3. Develooer bliaation
Units Permitted 2000 2,976 1
Units Permitted 2001 3,484 1
Units Permitted 1/1-6/30-02 1,182 1
Units Proiected 7/1-11/11-02 860 1
Remaining 1
11/12/2002-Buildout 28,830
TOTAL 37,332
DUs REMAINING
Average X 2.96 =
Persons Per Household
Total 110,503
Pooulation
Recreation Standard X 1.32 =
1.32 SF oer caoita
Gross 145,864 SF
Recreation Obliaation
SF Credit -3,665 SF = 2
.
Remaining 142,199 SF
Obliaation
o
1 From City of Chula Vista Planning Department
2 Credit principally reflects the portion of the Heritage Community Center not already offset by housing
development during 1999.
It is the City's current intent that, pending an "extraordinary" increase in dwelling
unit totals, the total square footage required from developers will not exceed
140,595 SF. An "extraordinary" dwelling unit increase is defined as an increase in total
dwelling units in excess of 2,000 DUs, as measured against the total incorporated into
this update (28,830 DUs). As an example, an "extraordinary" DU increase would arise if
the University site reverted to its underlying residential plan (2,584 DUs).
City of Chu/a Vista, Odober 2002
36
Public Facilities OIF, November 2002 Amendment
Part 7. The Plan for Recreation Facilities
The City's Parks & Recreation Master Plan is based on a 1997 community needs
assessment, included as part of the forthcoming Park and Recreation Master Plan
report. Table 4, below, details the major recreational square footage called for in the
master plan. Important points to note about the table are:
. Based upon the Parks and Recreation Master Plan, 140,595 square feet are
required to implement the master plan.
. Target construction dates for each facility are listed in Column 2. Depending on
operating budget parameters, these timelines may need to be adjusted.
Table 4.
Construct
Location Date Facilitv SF
Community Center
Sunbow 2003 Gymatorium 15,885
Senior Annex
Full-size Gymnasium
East/ake Trai/s 2004-2005 Teen Annex 20,000
Weicht Room
Community Center
Rolling Hills Ranch 2004-2005 Enhanced-size 21,000
Gymnasium
Senior Annex
Aquatics Complex:
2010 (Competitive Pool & 63,710
Otay Ranch Village 7 Recreation Pool)
2015 Full-size Gymnasium 20,000
Teen Annex
Total New Square Feet Required 140,595
City of Chula Vista, Odober 2002
37
Public Facilities DIF, November 2002 Amendment
Part 8. Cost of New Development Square Footage
Table 5 details the cost of the square footage called for in the Parks & Recreation Master
Plan. The gross construction cost of the required major facilities is $31.8 million.
Table 5.
Construction
Location Date Facilitv Total SF Cost/SF 3 Total Cost
Sunbow 2003 Community Center $337,34 $5,358,646
Gymatorium 15,885
Senior Annex
Eastlake Trails 2005 Full-size Gvmnasium $316.44 $6,328,800
Teen Annex 20,000
Weicht Room
Rolling Hills Community Center
2007 Enhanced-size 21,000 $316.44 $6,645,240
Ranch Gymnasium
Senior Annex .
Aquatics Complex $111.79 $7,122,141
2010 (Competitive Pool & 63,710
Otay Ranch Recreation Pool)
Village 7 Full-size Gymnasium
2015 20,000 $316.44 $6,328,800
Teen Annex
Total Construction plus Financing 140,595 $31,783,627
It is anticipated that all recreation facilities will be built with PFDIF fund balances.
The demand for major public recreation facilities is created by residential development.
As such, the cost for recreation facilities (similar to the cost for libraries) is only spread to
residential dwelling units.
It is proposed that the new fee for the Recreation
component be established at:
$1,079 per Single Family unit
$ 771 per Multi-Family unit
3 See Appendix D for a breakdown of square foot cost estimates by facility type,
City of Chu/o Vista, Odober 2002
38
Public Facilities DIF, November 2002 Amendment
FEE CALCULATION - RECREATION COMPONENT
CIP# Project Status TOTAL Cost PFDIF PFDIF Note
Share %
Sun bow CommunTtV Center Pendinn $5,358,646 $5,358,646
Eastlake Trails Gvmnasium $6,328,800 $6,328,800
Rollin" Hills Community Center $6,645,240 $6,645,240
Otav Ranch GYmnasium $6,328,800 $6,328,800
Otav Ranch Community Center $7,122,141 $7,122,141
TOTAL OBLIGATION $31,783,627
TRANSFERS IN $3,260,474
CREDITS:
Fees Collected/Interest Earned thru 6/30/02 $0
Fees Collected/Interest Earned "reiected 7/01/02 thru 11/12/02 $0
REMAINING OBLIGATION $28,523,153
REMAINING OBLIGATION $28,523,153
Service Demand % Earned
By Service Cost Share Remaining Unadjusted Interest Adjusted
Land Use Demand DUs/Acres Fee Offset Fee USE
Sin "Ie Famil,,- DU ,524 $14,946,132 12,655 $1,181,05 $102 $1,079.05 $1,079
Multi-FamTIV DU .476 $13,577,021 16,175 $839.38 $68 $771.38 $771
Commercial Acre
Industrial Acre
1.00
Service demand percentages principally reflect the FIND (Fiscal Impact of New Development) Model
coefficients ann lied in the 2001 CitviCountv Revenue Sharina Allocation analvsis for the Otav Ranch.
City of Chu/a Vista, Odober 2002
39
Public Facilities OIF, November 2002 Amendment
Section M.
Component 11. Major Recreation Facilities
ATTACHMENTS
A. Inventory of City-Built Recreation Facilities
B. Calculation of Growth and Non-Growth Related Populations'
C. Developer Credits for Use of PAD Revenues to Enhance Recreation Facilities
(1986-1999)
D. Conceptual Budget Estimates for Major Recreation Facilities
City of Chulo Vista, October 2002
40
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ATTACHMENT D.
Conceptual Budget Estimates for Major Recreation Facilities
Community Center Community Center
w/FuU Size Gymnasium w/Gymatorium Aquatic Complex
Facility Square Footage 19,066 15,885 63,710
Building Construction Cost $ 2,603,800 $ 2,199,000 $ 3,476,400
Major structures, meeting rOOIm, Jockers. kitchen, restrooms, storage.
annexes, lobby & circulation, fIXed equipment
IteUtllitles $ 221,900 $ 216,900 $ 392,600
Sitework & Exterior Structures $ 893,000 $ 887,000 $ 1,310,500
Site preparation, landscape, parking, walkways
Subtotal Building Construction Costs $ 3,718,700 $ 3,302,900 $ 5,179,500
Otber Project Costs
Design & Engineering 15.00% 13.00% 9.00%
Fe., 9.00% 9.00% 5.00%
Buj[ding permits, utilities, and site development
City Staff Services 2.50% 5.50% 2.00%
General Administration 7.00% 7.00% 3.50010
Inspection. outside CM, insurance & bonds
Fixed Equipment 0.00% 0.00% 0.00%
Non-fixed Equipment & Furnisblngs 14.00% 13 .00% 5.50%
Furniture,fiXtures, movable equip.. telecommuniCations
& security system
SubtotalOtber Project Costs 47.50"1. 47.50% 25.00%
Subtotal Project Costs $ 5,485,000 $ 4,873,200 $ 6,474,400
10% Contingency Allowance $ 548,000 $ 487,320 $ 647,440
TOTAL PROJECT COSTS $ 6,033,000 $ 5,358,646 $ 7,121,840
Cost per Square Foot $ 316.44 $ 337.34 $ 111.79
S!n.u:a:.. Highland Partnership, Inc. (September 7,2001); updated through 05130102 per Building Cost Index (BCI)factor.
Public Facilities OIF, November 2002 Amendment
Section N.
Proposed Changes to Municipal Code Chapter 3.50
3.50.010
General Intent.
The city's general plan land use and public facilities elements require that adequate public
facilities be available to accommodate increased population created by new development within
the city of Chula Vista.
The city council has detennined that new development will create adverse impacts on the
city's existing public facilities which must be mitigated by the financing and construction of
certain public facilities which are the subject of this chapter. New development contributes to the
cumulative burden on these public facilities in direct relationship to the amount of population
generated by the development or the gross acreage of the commercial or industrial land in the
development.
The city council has detennined that a reasonable means of financing the public facilities
is to charge a fee on all developments in the city of Chula Vista. Imposition ofthe public
facilities development impact fee on all new development for which building pennits have not yet
been issued is necessary in order to protect the public safety and welfare thereby ensuring if! eràer
t6 ef!3tlre effective implementation ofthe city's general plan.
3.50.020
Definitions.
For the purposes of this chapter, the following words or phrases shall be construed as
defined in this section, unless from the context it appears that a different meaning is intended.
A. "Building pennit" means a pennit required by and issued pursuant to the Unifonn
Building Code as adopted by reference by this city.
B. "Developer" means the owner or developer of a development.
C. "Development pennit" means any discretionary pennit, entitlement or approval for a
development project issued under any zoning or subdivision ordinance ofthe city.
D. "Development project" or "development" means any activity described as the following:
o Any new residential dwelling unit developed on vacant land;
o Any new commerciaVoffice or industrial development constructed on vacant land;
o Any expansions to established developments or new developments on non-vacant
land in those land use categories listed if! I !lßà 2 above, if the result is a net
increase in dwelling units. The fee shall be based solely on this net dwelling unit
mcrease.
o Any new or expanding special land use project;
City of Chu/o Visto, Odober 2002
41
Public Focilities DIF, November 2002 Amendment
o Any special purpose project developed on vacant land or non-vacant land, or
expanded within a pre-existing site, if the result is a net increase in dwelling units.
The fee shall be based solely on this net dwelling unit increase.
o Any other development project not listed above but described in Section 65927
and 65928 of the State Government Code.
E. "Community purpose facility" means a facility which serves one of the following
purposes:
1. Social service activities, including such services as Boy Scouts and Girl Scouts,
Boys and Girls Club, Alcoholic Anonymous and services for the homeless;
2. Public schools;
3. Private schools;
4. Daycare;
5. Senior care and recreation;
6. Worship, spiritual growth and development;
F. "Special land use" means any non-residential, non-commercial/office or non-industrial
development project (e.g., Olympic Training Center, hospitals, utilities), or non-special
purpose project.
G. "Special purpose project" means any for-profit community purpose facility (e.g. daycare).
H. "Engineer report" refers to the April 20, 1993 "development impact fees for public
facilities" report.
I. "Extraordinary project cost increases" means increases resulting ITom costs that could not
have been reasonably foreseen at the time a project budget was established.
J. "Extraordinary EÐB dwelling unit change" means an increase or decrease in the number
of remaining planned eEltliyaleflt residential dwelling units or commercial/industrial acres
for which building pennits have not yet been pulled, which changes the existing total by
more than 2,000 dwelling units or 200 commercial/industrial acres EBBs. lOrd 2855'1.
2002).
3.50.030
Public Facilities to be Financed by the Fee.
A. The public facilities ("facilities"), which are the subject matter of the fee, include
buildings, equipment and related one-time start-up costs or portions thereof, as detailed in
Subsection C below and in the engineer report on file in the office of the city clerk.
City of Chu/a Vista, October 2002
42
Public Facilities OIF, November 2002 Amendment
B. The city council may modify or amend this list of facilities by written resolution in order
to maintain compliance with the city's general plan or the capital improvement program.
C. The facilities are as follows:
1. Civic Center Expansion
2. Police Department Facilities and Equipment
3, Corporation Yard Relocation/Expansion
4. Library System Expansion
5, Fire Suppression System Expansion
6, Geographic information system expansion;
7. Computer system expansion;
8. Telecommunication system expansion;
9. Records management system expansion.
10. Maior recreation facilities (community centers. gvmnasiums. swimming pools).
COrd 2855' 1. 2002).
3.50.040
Territory to which Fee Applicable.
The area of the city ofChula Vista to which the fee herein established shall be applicable
shall be the territorial limits of the city ofChula Vista ("territory") as they may fÌ'om time to time
be amended. (Ord 2554 '1,1993).
3.50.050
Establishment of Fee.
A development impact fee ("fee"), t6 be expressea 6R a per eq\livaleftt ffivelliRg \lnit
("EDU") basis, is hereby established to pay for the facilities within the territory. The fee shall be
paid upon the issuance of building permits for each development project within the city of Chu1a
Vista, except that, at the discretion of the city manager, a developer may prepay all or part of civic
center expansion Mil/er p6liee faeilities fees that would be applicable to the developer's future
development projects. Prepayment would occur at the then current rate; however, the developer
has sole responsibility for paying subsequent fee increases resulting fÌ'om (1) "extraordinary
project cost increases", (2) normal annual adjustments in the Consumer Price Index (CPI) or
Building Construction Index (BCI), or (3) "extraordinary EBB dwelling unit changes". (Ord
2855'\' 2002).
3.50.060
Determination of Fees by Land Use Category Equhalent Ðwelling Units.
Each HeV¡ single family aetaehea a',velliHg, siRgle family a!taehecl clv"elling, er tlRit -¡¡ithiR
a mtllti family a-,yelliRg er mebile heme awelliRg iR a ae-¡cl6pmeRt prejeet shall be eeRsiaerecl
eRe EDU fer p\lrpeses 6f this fee. Ceffimereial/effiee aRa iRclHstria] aevelepmellt pf6jeets shall
be ehargeclat the rate 6f 5.00 EDU's per gI'6SS aere 6flllfla. For purposes of this fee. single family
dwelling units shall include single family detached homes and detached condominiums: multi-
family dwelling units shall include attached condominiums. townhouses. duplexes. triplexes. and
City of Chu/o Visto, Odober 2002
43
Public Facilities OIF, November 2002 Amendment
apartments. Commercial/office and industrial development projects shall be charged on a per acre
basis. Development impact fees for single familv. multi-familv. commercial and industrial land
uses shall be based on the demand for service generated bv that land use. for each public facility
set forth in CVMC 3.50.030:
SERVICE DEMAND GENERA TED BY LAND USE
Singlefamily Multi-family Commercial Industrial
PUBLIC FACILITY dwellillI! unit dwellil1f! unit Acre Acre
Police Department Facilities and Equipment ,1725 .4125 .3825 ,0325
Comoration Yard RelocationlExpansion .395 .288 .225 .092
Librarv System Exnansion (residential only) ,524 .476 .000 .000
Fire Suppression Svstem Expansion .380 .370 .200 .050
Maior Recreation Facilities (residential onlv) .524 .476 ,000 ,000
GENERAL GOVERNMENT
Civic Center Expansion .357 .408 .201 .034
Geopranhic Information System Expansion ,357 .408 ,201 .034
Comnuter Svstem Exnansion .357 .408 .201 .034
Telecommunication System Expansion .357 .408 .201 ,034
Records Management Svstem Expansion .357 .408 .201 .034
Administration ,357 .408 ,201 .034
The EÐtI rate for each special land use development project, as defined in Section 3.50.020, shall
be equivalent to ehargeà at the commercial/office rate 6f 5.00 EDU3 per gross acre oflandú
exeept that the The Olympic Training Center shall be equivalent to ehargeà at the industrial rate
of 1,25 EDU'3 per gross acre of land. The EÐtI rate for each special purpose project, as defined
in Section 3.50.020, shall be equivalent to one-half eharged at the commercial/office rate ef-3.
EÐYs per gross acre ofland. The charges shall be those outlined in Section 3.50.090.C. The fee
multiplied by the total number of EÐYs dwelling units or acres within a given development
project represents a developer's fair share ("fair share") for that development project.
3.50.070
Time to Determine Amount Due.
The fee for each development shall be calculated at the time of building permit issuance
and shall be the amount as indicated at that time, and not when the tentative map or final map
were granted or applied for, or when the building permit plan check was conducted, or when
application was made for the building permit, except that a developer of a development project
providing low and/or moderate-income housing in accordance with Section III, Objective I of the
1991 housing element ofthe general plan may request authorization to prepay or defer the fee fòr
up to 500 EDUs and said request may be approved at the sole discretion of the city manager. In
order to facilitate those low and/or moderate-income projects which are planned for construction
through March 24, 2005, the fee for said projects shall be the fee existing as of March 25,2002.
lOrd 2855' 1. 2002).
3.50.080
Purpose and Use of Fee.
The fee collected shall be used by the city for the following purposes in such order and at
such time as determined by the city council:
City of Chula Vista, Odober 2002 44
Public Facilities DIF, November 2002 Amendment
A. To pay for such of the facilities that the city council determines should be constructed,
installed or purchased at that time, or to reimburse the city for facilities funded by the city
from other sources.
B. To reimburse developers who have been required or permitted by Section 3.50.140.A to
construct, install or purchase approved facilities listed in Section 3.50.030.C, in such
amounts as the council deems appropriate.
C. To repay any and all persons who have, pursuant to prior fee ordinance 2320 or 2432, or
pursuant to this ordinance, advanced or otherwise loaned funds for the construction of a
facility identified herein. '
D. To repay the city for administration costs associated with administration of the fee.
3.50.090
Amount of Fee.
A. The fee shall be the amounts set forth in Section 3.50.090.B and C. The city council may
adjust the amount of this fee as necessary to reflect changes in the costs of the facilities as
may be reflected by such index as the council deems appropriate, such as the Engineering-
News Record Construction Index, or such other basis; changes in the type, size, location
or cost ofthe facilities to be financed by the fee, changes in land use designation in the
city's general plan, and upon other sound engineering, financing and planning information.
Adjustments to the fee may be made by resolution amending this section.
B. The fee shall have portions which are, according to the engineer report, allocated to a
specific facility ("fee components") which correspond to the costs ofthe various facilities,
plus the administration cost for the fee, which is a percentage of the fee components' total
cost di-¡ided by t6tlll EDUs, 113 inclieatecl in Seeti6n 3.50.090.
C. The fee shall be the following, depending on land use:
Land Use
Residential- Single family dwellings
Residential- Multi-familv dwellings
Commercial/Office
Industrial
Special Land Use
Olympic Training Center
Public Purpose
Nonprofit community purpose facility
Special purpose project, inehlding f6f
pret1t àa:y eftfe
City of Chulo Vista, Odober 2002
Fee
$4,888 $5.048/DU
$4.726/DU
$20,860 $20.764/acre
$20,860 $3.848/acre
$20,860 $20.764/acre
$6, II 0 $3.848/acre
Exempt
Exempt
$14,664 $1O.382/acre
45
Public Facilities DIF, November 2002 Amendment
3.50.100
Development Projects Exempt from the Fee.
A. Development projects by public agencies shall be exempt trom the provisions of the fee if
those projects are designed to provide the public service for which the agency is charged
("public purpose").
B. Community purpose facilities which are not operated for profit ("non-profit community
purpose facilities") are also exempt inasmuch as these institutions provide benefit to the
community as a whole including all land use categories which are the subject matter of the
fee. The city council hereby detennines that it is appropriate to spread any impact such
non-profit community purpose facilities might have to the other land use categories
subject to the fee. In the event that a court detennines that the exemption herein extended
to community purpose facilities shall for any reason be invalid, the city council hereby
allocates the non-profit community purpose facilities' fair share to the city of Chula Vista
and not to any ofthe land use categories which are the subject matter of the development
impact land use categories.
C. Development projects which are additions or expansions to existing dwelling units or
businesses, except special land use projects, shall be exempt if the addition or expansion
does not result in a net increase in dwelling units or commercial/industrial acreage EBBs.
3.50.110
Authority for Accounting and Expenditures.
A. Fees collected before the effective date of the ordinance codifying this section.
1. All fees which have accrued shall remain in separate accounts ("accounts")
corresponding to the facilities listed in Section 3.50.030, as established by the
director of finance, and shall only be expended for the purposes associated with
each facility account.
2. The director of finance is authorized to maintain accounts for the various facilities
identified in this chapter and to periodically make expenditures from the accounts
for the purposes set forth herein.
B. Funds collected on or after the effective date of the ordinance codifying this section.
1. The fees collected shall be deposited into a public facility financing fund ("public
facilities development impact fee fund," or alternatively herein "fund") which is
hereby created and shall be expended only for the purposes set forth in this
chapter.
2. The director of finance is authorized to establish a single fund for the various
facilities identified in this chapter and to periodically make expenditures trom the
fund for the purposes set forth herein.
City of Chu/a Vista, Odober 2002
46
Public Facilities DIF, November 2002 Amendment
3.50.120
Findings.
The city council finds that collection of the fee established by this chapter at the time of
the building pennit issuance is necessary to provide funds for the facilities and to ensure certainty
in the capital facilities budgeting for growth impacted public facilities. .
3.50.130
Fee Additional to Other Fees and Charges.
This fee is in addition to the requirements imposed by other city laws, policies or
regulations relating to the construction or the financing of the construction of public
improvements within subdivisions or developments.
3.50.135
Mandatory Oversizing of Facility; Duty to Tender Reimbursement Offer.
Whenever a developer of a development project is required as a condition of approval of a
development pennit to cause a facility or a portion of a facility to be built to accommodate the
demands created by the development project, the city may require the developer to install,
purchase or construct the Facility according to design specifications approved by the city, that
being with such supplemental size or capacity required by the city ("oversized capacity
requirement"). If such a oversized capacity requirement is imposed, the city shall offer to
reimburse the developer from the fund either in cash or over time, with interest at the fair market
value of money, as fees are collected, at the option of the city, for costs incurred by the developer
for the design and construction of the facility not to exceed the estimated cost of that particular
facility as included in the calculation and updating of the fee. The city may update the fee
calculation as city deems appropriate prior to making such offer. This duty to offer
reimbursement shall be independent of the developer's obligation to pay the fee.
3.50.140
Developer Construction of Facilities.
A. Whenever a developer of a development project would be required by application of city
law or policy as a condition of approval of a development pennit to construct or finance a
facility, or if a developer proposes to design and construct a portion of a facility in con-
junction with the prosecution of a development project within the territory, and follows
the procedure for doing same hereinbelow set forth, the city council shall, in the following
applicable circumstances, tender only the credit or reimbursement hereinbelow identified
for that circumstance.
1. If the cost ofthe facility, incurred by the developer and acceptable to the city, is
less than or equal to that portion of the developer's fair share related to the fee
component for that facility, the city may only give a credit ("developer credit")
against that portion of the developer's fair share related to the fee component for
that facility ("fair share of the fee component"); or,
City of Chu/a Vista, Odober 2002 47
Public Facilities DIF, November 2002 Amendment
2. If the cost of the facility, incurred by the developer and acceptable to the city, is
greater than that portion of the developer's fair share related to the fee component
for that facility, but less than or equal to the developer's total fair share, the city
may give a credit which credit shall first be applied against that portion of the fair
share related to the fee component for that facility, and the excess costs for the
facility shall then be applied as credits against such other fee components of the
developer's total fair share as the city manager, in his sole and unfettered
discretion, shall detennine; or,
3. If the cost of the facility, incurred by the developer and acceptable to the city, is
greater than the developer's total fair share, the city may give a credit against the
developer's total fair share as the city manager, in his sole and unfettered
discretion, shall detennine; and/or, the city may tender to the developer a
reimbursement agreement to reimburse said developer only from the fund as
monies are available, over time, with interest at the fair market value of money, at
the option ofthe city.
B. Unless otherwise stated herein, all Developer Credits shall be calculated on a dollar basis
and converted into dwelling units or commercial/industrial acreage eQuivalents EBBs at
the time building pennits are pulled, based on the then current Fee.
3.50.150
Procedure for Issuance of Credits or Tender of Reimbursement Offer.
The city's extension of credits or tender of a reimbursement offer to a developer pursuant
to Section 3.50.140 shall be conditioned on the developer complying with the tenns and
conditions of this section:
A. Written authorization shall be requested by the developer from the city and issued by the
city council by written resolution before developer may incur any costs eligible for
reimbursement relating to the facility.
B. The request for authorization shall contain the infonnation listed in this section and such
other infonnation as may from time to time be requested by the city.
C. Ifthe council grants authorization, it shall be by written agreement with the developer, and
on the following conditions among such other conditions as the council may from time to
time impose:
I. Developer shall prepare all plans and specifications and submit same for approval
by the city. '
2. Developer shall secure and dedicate any right-of-way required for the facilities.
3. Developer shall secure all required pennits and environmental clearances
necessary for construction of the facilities.
City of Chu/a Vista, Odober 2002
48
Public Facilities DIF, November 2002 Amendment
4. Developer shall provide perfonnance bonds in a fonn and amount, and with a
surety satisfactory to the city (where the developer intends to utilize provisions for
immediate credit, the perfonnance bond shall be for 100 percent of the value ofthe
project).
5. Developer shall pay all city fees and costs;
6. The city shall be held hannless and indemnified, and upon tender by the city,
defended by the developer for any ofthe costs and liabilities associated with the
construction of the facilities.
7. The city will not be responsible for any of the costs of constructing the facilities.
The developer shall advance all necessary funds to construct the facilities.
8. The developer shall secure at least three qualified bids for work to be done. The
construction contract shall be granted to the lowest qualified bidder. If qualified,
the developer may agree to perfonn the work at a price equal to or less than the
low bid. Any claims for additional payment for extra work or charges during
construction shall be justified and shall be documented to the satisfaction of the
director of public works.
9. The developer shall provide a detailed cost estimate which itemizes those costs of
the construction attributable to the facilities and excludes any work attributable to
a specific subdivision project. The estimate is preliminary and subject to final
detennination by the director of public works upon completion of the facilities.
10. The city may grant partial credit for costs incurred by the developer on the facility
upon detennination of satisfactory incremental completion of a facility, as
approved and certified by the director of public works, in an amount not to exceed
75 percent of the cost of the construction completed to the time the partial credit is
granted, thereby retaining 25 percent of such credits until issuance by the city of a
notice of completion.
11. When all work has been completed to the satisfaction ofthe city, the developer
shall submit verification of payments made for the construction of the facility to
the city. The director of public works shall make the final detennination on
expenditures which are eligible for credit or reimbursement.
/~
~.sg, 1.:10
Developer Transfer of Credits
A developer who, in accordance with the provisions of Sections 3.50.140 and 3.50.150,
receives credits against future payments ofthe Fee for one or more Fee Components may transfer
those credits as provided herein to another Developer.
(a) The Developer shall provide the City with written notice of such transfer within thirty
(30) days. The notice shall provide the following infonnation:
City of Chulo Visto, Odober 2002
49
Public Facilities DIF, November 2002 Amendment
· The name of the Developer to whom the credits were transferred:
· The dollar value of transferred credits:
· The Fee Component(s) against which the credits will be applied: and
· The projected rate, by Fiscal Year, that the credits will be applied, until said credits
have been fully redeemed.
(b) Credits received by a Developer of a low-and/or moderate-income
project, in accordance with Section 3.50.070 3.50.79, can only be transferred to
another low-and/or moderate-income Development Project.
3.50.160
Procedure for Fee Modification or Reduction.
Any developer who, because of the nature or type of uses proposed for a development
project, contends that application ofthis fee is unconstitutional or unrelated to mitigation of the
burdens of the development, may apply to the city council for a modification or reduction of the
fee. The application shall be made in writing and filed with the city clerk not later than ten days
after notice of the public hearing on the development pennit application for the project is given,
or ifno development pennit is required, at the time of the filing of the building pennit application.
The application shall state in detail the factual basis for the claim of modification or reduction.
The city council shall make reasonable efforts to consider the application within sixty days after
its filing. The decision of the city council shall be final. If a reduction or modification is granted,
any change in use within the project shall subject the development to payment (¡fthe fee. The
procedure provided by this section is additional to any other procedure authorized by law for
protection or challenging this fee.
3.50.170
Fund Loans.
A. Loans by the city.
The city may loan funds to the fund to pay for facilities should the fund have insufficient
funds to cover the cost of said facility. Said loans, if granted, shall be approved upon the
adoption of the annual city budget and shall carry interest rates as set by the city council
for each fiscal year. A schedule for repayment of said loans shall be established at the
time they are made and approved by the council, with a maximum tenn not to exceed the
life of the fund.
B. Developer loans.
A developer may loan funds to the city as outlined in Sections 3.50.140 and
3.50.150(c)(14), The city may repay said developer loans with interest, under the tenns
listed in A. above.
3.50.180
Effective Date.
This ordinance shall become effective sixty days after its second reading and adoption.
City of Chu/o Visto, October 2002
50
Public Facilities DIF, November 2002 Amendment
Section O.
Methodology
No change from March 2002 report.
City of Chula Vista, Odober 2002
51
Public Facilities OIF, November 2002 Amendment
APPENDICES
Appendix 1: Summary of Fees by Land Use
Appendix 2: Cash Flow Analysis
City of Chula Vista, Odober 2002
52
APPENDIX 1 - FEES BY LAND USE
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G
COUNCIL AGENDA STATEMENT
Item l_~
Meeting Date 11/12/02
ITEM TITLE: Public Hearing Consideration of establishing Utility
Undergrounding District No. 140 along Quintard Street from Third Avenue
to Orange Avenue
Resolution Establishing Utility Undergrounding District No. 140
along Quintard Street from Third Avenue to Orange Avenue and authorizing
the expenditure of Utility Allocation Funds to subsidize private service lateral
conversion
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: City Manager 9~ (4/Sths Vote: Yes No X )
On October 22, 2002, the City Council approved Resolution No. 2002-402, the City Council ordered
a Public Hearing to be held on November 12, 2002 to determine whether the public health, safety or
general welfare requires the formation of a utility undergrounding district along Quintard Street from
Third Avenue to Orange Avenue. The purpose of forming the district is to require the utility
companies to underground all overhead lines and to remove all existing wooden utility poles within
the proposed district. The proposed utility undergrounding district is about 1,100 feet long and is
estimated to cost approximately $280,000. SDG&E's allocation funds (Rule 20-A) will be used to
cover the cost of the project including reimbursements to affected property owners for their
respective trenching cost.
RECOMMENDATION: That Council:
1. Conduct a Public Hearing on the formation of Utility Underground District No. 140.
2. Approved a resolution forming the district and authorizing the use of approximately
$280,000 in utility allocation funds to cover the cost of pole removal, undergrounding
overhead facilities, and private property conversion reimbursements.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DIScussION:
The Underground Utility Advisory Committee (UUAC), consisting of representatives of SDG&E,
Pacific Bell, Cox Communications, Chula Vista Cable and the City, agreed to propose to the City
Council the formation of a utility undergrounding district for the conversion of overhead utilities
Page 2, Item
Meeting Date 11/12/02
along Quintard Street, between Third Avenue to Orange Avenue. The Average Dally Traffic (ADT)
count on Quintard Street between Third Avenue and Orange Avenue is approximately 2,500.
Section 15.32.130 of the Chula Vista Municipal Code requires the City Council to set a public
heating to determine whether the public health, safety, and general welfare requires the
undergrounding of existing overhead utilities within designated areas of the City. The intent of the
public hearing is to give persons the opportunity to speak in favor of or against the formation of a
proposed district to underground utilities. The formation of the district will require the utility
companies to underground all overhead lines and other facilities, and to remove all existing wooden
utility poles within the District. All property owners within the proposed district will also be
required to convert their service connections to underground.
Staff recommends the formation of this conversion district along this section of Quintard Street
because:
1. A Sidewalk Assessment District is in the process to be formed, and is anticipated to be
approved by Council within the next six months.
2. This segment of Quintard Street is classified in the General Plan's Circulation Element as a
Class II Collector.
3. The undergrounding of existing overhead utilities will contribute to the creation of an
aesthetically pleasing street.
4. Quintard Street serves as connection street between two arterial streets, Orange Avenue and
Third Avenue.
The conversion work by the property owners involves trenching, backfill and conduit installation
from property lineto point of connection. ChulaVista City Council PolicyNo. 585-1 established a
mechanism that helps property owners with the cost of the conversion work from the distribution
lines to the structure. This policy provides for the reimbursement of property owners at a rate of $35
per lineal foot of trenching (up to 100'), and $300.00 for properties with electrical meter panels less
than 200Amp service or $400.00 with 200amp services or greater. The approximate reimbursement
amount is currently estimated to be $32,500 and is included in the overall cost estimate of $280,000.
Due to the limited timeframe between the Utility Undergrounding project construction and the
construction of street improvements within the district, the private property conversion work will be
conducted by SDG&E and the City of Chula Vista. The conversion work by SDG&E will involve
trenching, backfill, and conduit installation from property line to point of connection. The City of
Chula Vista will be in charge of hiring an electrician to performed electric service panel and/or "pull
can" installation. All work done by SDG&E and the City of Chula Vista will be borne by SDG&E's
allocation funds (Rule 20-A).
Page 3, Item
Meeting Date 11/12/02
A public hearing notice has been mailed to all property owners and occupants of property, see
Exhibit '~C", located within the boundaries of the proposed district.
FISCAL IMPACT: The cost of pole removal, undergrounding overhead facilities and private
property conversion reimbursements as outlined above is estimated to be approximately $280,000.
SDG&E~s allocation funds (Rule 20-A) will cover the estimated cost of the project. All staff costs
associated with the formation of this district is not reimbursable from the allocation fimds and,
therefore, is borne by the general fund.
Attachment: Exhibit A - Boundary Map
Exhibit B - Reimbursement Schedule
Exhibit C - Mailing List
J:\EngineerL~DVPLANZUUDIST~Quintard St\UUD 140 Quintard Public Hearing. Iai.doc
I,,!,!~
\
FOURTH AVE
UUD 140 - Quintard St from Third to Orange Avenue
UNDERGROUNDING MAILING LIST
AFFECTED PROPERTY OWNERS
APN 6192905100
Owner's Name Ramirez, Rodolfo & Sylvia
Owner's Address 372 Quintard Street
City, State Chula Vista, CA
Zip 91910
APN 6192905200
Gomez, Leodegario & Gomez,
Owner's
Name
Owner's Address 366 Quintard Street
City, State Chula Vista, CA
Zip 91910
APN 6192905500_
Owner's Name Ashley, Loyd & Claudyne
Owner's Address 354 Quintard Strut
City, State Chula Vista. CA
Zip 9191_0_ ....
APN 6192908~-0~__.~_1
Owner's Name McCleskey, Leonard & Mamie I
Owner's Address 360 Quintard Streot
City, State Chula Vista, CA
Zip 91910
Thursday, October 10, 2002 Page 1 of 4
AFFECTED PROPERTY OWNERS
APN [6230040020
Owner's Name IAngulo, Alexander & Karla
Owner's Address 1369 Quintard S~
City, State IChu]a Vista, CA
APN 16230400100
385 Qu~nt~ Strew(
Owner's Address 38~
City, State ~Chula Vista, ~A
Zip 9~
APN 16230400300
Owner's Name [R~e a~B ~e~a,-~o s e~ -i~l ari n ~
365 Quintard Sweet
Owner's Address 3~ ........
City, State
APN 16230400400
Ve|asco Family TrUst
Owner's Name J ....
Chula ¥ista, CA
9]9]0
Zip
APN L6230400500
Rcscndcz, Thomas &
Owner's Name ~
Owner's Address [353 Quintard
City, State [
Chula Vista, CA
91910
Zip ~
Thursday, October 10, 2002 Page 2 of 4
AFFECTED PROPERTY OWNERS
APN 6230400600 j
Owner's Name McCleskey, Dennis Living Tm
Owner's Address 347 Quintard Street
City, State Chula Vista, CA
AFN 6230400900~_
Owner's Name
Owner's Address [333 Quintm'd Street
City, State ~u_ta Vi~st_~ ~A
Zip ~1910
APN ~6~23~04~0~ ~60~_~
Owner's Name IPantoja, Alqandro & Maria
Owner's Address
City, State C~uia ~;St¢ CA.
Owner's Name ~arza, Juan Trust
Owner's Address [325 Quintard Street
City, State [Chula Vista, CA
Zip [91910
APN [6230s01 00
Owner's Name [He.era,
Owner's Address
City, State
Zip [91910
Thursday, October 10, 2002 Page 3 of 4
AFFECTED PROPERTY OWNERS
APN [6230501400
Owner's Name [Jam Painting inc.
Owner's Address [317 Quintard St~et
City, State lChula Vista, CA
Zip 191910
Thursday, October 10, 2002 Page 4 of 4
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 140
ALONG QUINTARD STREET FROM THIRD AVENUE TO ORANGE
AVENUE AND AUTHORIZiNG THE EXPENDITURE OF UTILITY
ALLOCATION FUNDS TO SUBSIDIZE PRIVATE SERVICE LATERAL
CONVERSION
WHEREAS, by Resolution No. 2002-402, a public hearing was called for 6:00 p.m. on
Tuesday, the 12th day of November, 2002, in the Council Chambers of the City of Chula Vista at
276 Fourth Avenue in said City, to ascertain whether the.public health, safety or welfare requires the
removal of poles, overhead wires and associated overhead structures and the underground
installation of wires and facilities for supplying electric, communication or similar or associated
service within that certain area of the City more particularly described as follows:
All that property lying along Quintard Street from Third Avenue to
Orange Avenue and enclosed within the boundary as shown on the
plat attached hereto as Attachment "A" of subject Underground
Utility District.
WHEREAS, notice of such heating has been given to all affected property owners as shown
on the last equalized assessment roll, and to the utility companies concerned in the manner and for
the time required by law; and
WHEREAS, such hearing has been duly and regularly held, and all persons interested have
been given an opportunity to be heard.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
hereby finds and determines that the public health, safety and welfare requires the removal of poles,
overhead wires and associated structures, and the underground installation of wires and facilities for
supplying electric, communication or similar associated services, the above-described area is hereby
declared an Underground Utility District, and is designated as such in the City of Chula Vista.
Attached hereto, marked Exhibit "A", and incorporated herein by reference is a map delineating the
boundaries of said District.
BE IT FURTHER RESOLVED that the City Council shall, by subsequent resolution, fix the
date on which affected property owners must be ready to receive underground service, and does
hereby order the removal of all poles, overhead wires and associated overhead structures and the
underground installation of wires and facilities for supplying electric, communication or similar
associated service within said Underground Utility District.
BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to notify all affected
utilities and all persons owning real property within said Underground Utility District of the
adoption of this resolution within fifteen days after the date of said adoption. Said City Clerk shall
further notify said property owners of the necessity that, if they or any person occupying such
property desires to continue to receive electric, communication or other similar or associated service,
1
/8-//
they, or such occupant shall, by the date fixed in a subsequent resolution provide all necessary
facility changes on their premises so as to receive such service from the lines of the supplying utility
or utilities at a new location, subject to the applicable rules, regulations and tariffs of the respective
utility or utiiities on file with the Public Utilities Commission of the State of California as of the date
of adoption of this resolution. Such notification shall be made by mailing a copy of this resolution to
affected property owners as shown on the last equalized assessment roll and to the affected utility
companies.
BE IT FURTHER RESOLVED that the City Council hereby finds that the Underground
Utility District herein created is in the general public interest for the following reasons:
1. A Sidewalk Assessment District is in the process to be formed, and is anticipated to be approved
by Council within the next six months.
2. The segment of Quintard Street is classified in the General Plan's Circulation Element as a Class
II Collector street.
3. The undergrounding of existing overhead utilities will contribute to the creation of an
aesthetically pleasing street.
4. Quintard Street serves as a connection street between two arterial streets, Orange Avenue and
Third Avenue.
BE IT FURTHER RESOLVED that the City Council does hereby authorize the use of
approximately $280,000 in utility allocation funds to cover the cost of pole removal, undergrounding
overhead facilities, and private property conversion reimbursements.
Presented by Approved as to form by
John P. Lippitt John M. Kaheny
Director of Public Works City Attorney ·
J:kattorney\reso\uud establish 140
2
CITY COUNCIL AGENDA STATEMENT
Item: ]~
Meeting Date: 11/12/02
ITEM TITLE: Public Hearing: PCC 02-34; Conditional Use Permit, to install, operate
and maintain a wireless telecommunications 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 denying a
request for a conditional use permit, PCC-02-34, to Verizon Wireless to
construct an unmanned wireless telecommunications facility at 455 Quail
Court.
SUBMITTED BY: Director of Planning and Building~x~
REVIEWED BY: City Manager ~'-~ (4/Sths Vote: Yes No X}
Verizon Wireless is requesting a conditional use perrmt to install, operate and maintain an
unmanned wireless telecommunications 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.
This item has been continued since the August 20, 2002 City Council meeting. The
continuations were primarily to enable the applicant to respond to staff's request for additional
information, including a more detailed alternative site analysis, and coverage plots illustrating
coverage both with and without the proposed facility.
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 minutes, Attachment 3). On July I0, 2002, by a vote of
5-0-2, the Planning Commission adopted Resolution PCC-02-34 (memorializing their decision
on June 12% which recommends that the City Council deny conditional use permit PCC-02-34
for a wireless telecommunications facility (Attachment 2).
Page 2,Item:
Meeting Date: 11/12/02
RECOMMENDATION:
That the City Council adopt the resolution denying a conditional use permit for a wireless
telecommunications facility proposed at 455 Quail Court.
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
communications facility, consisting of two 8-foot-high monopoles with 7-foot-high
antennas mounted on each pole, and a 75-square-foot equipment cabinet in the northwest
comer of the lot, behind the house, and adjacent to 1-805. The existing wireless facility
was approved by City Council in 1996, per Resolution No. 18190. A copy of that
resolution is attached. 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 (beyond 1-805).
2. General Plan, Zoning and Land Use.
General Plan Zoning Current Land Use
Site: Residential - Low/Medium 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-1 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 telecommunications 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 would be approximately seven feet from the rear property
line, and 8 to 10 feet fi.om the back of the house. They would be simulated "sugar pines"
with round, brown robber trunks, to support a total of three antenna arrays, two
microwave dishes, and one GPS antenna. The antennas would be painted to match the
pine branches.
Page 3,Item:
Meeting Date: 11/12/02
The proposed equipment enclosure ~vould be four feet from the rear property line and 6 ½
feet fi`om the back of the house. It would measure 17' long by 2'-7" wide (45-square-
feet), and 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.
The proposed monopines supporting three antenna arrays for a wireless
telecommunications 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 "pos sessing
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 telecommunications facility that has been on the site
since 1996, was approved by City Council on January 23 1996.
4. Public Input
Prior to the Planning Commission hearing scheduled last August, six letters (Attachment
4) opposing the project were received fi`om neighbors residing on Quail Court. They
primarily expressed concerns that their health could be jeopardized by radio frequency
emissions fi`om the antennas located so close to their homes, and that property values
would decrease.
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
Staff was in support of the proposed project when it went before the Planning
Commission on June 12, 2002. However, the Planning Commission recommended that
City Council deny a conditional use permit for the proposed project. Concerns expressed
by members of the Commission included:
A. That the proposed project would be a commercial use in a residential zone.
B. That the neighb, ors perceive th~ 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.
Page 4,Item:
Meeting Date: 11/12/02
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 (in
addition to Pacific Bell/Cingular's existing facility). While the Municipal Code allows
wireless facilities in residential zones, staff is only supportive of such facilities if they
meet certain criteria, including:
· The applicant must demonstrate that there is a need for the facility at this
particular location;
· The applicant must demonstrate that alternative sites would not work; and
· The facility is a stealth design.
"Need for the Facility" - Subsequent to the Planning Commission hearing, Verizon
provided coverage plots that illustrate that currently good coverage could be improved
with the proposed facility (please refer to Attachment 7, and note that the Quail Court site
is referred to as "Orange Hills"). The plots state that "Good" service is currently
available ("In car OK"). Adding the Quail Court/Orange Hills site would fill in a large
gap where "Best--in building OK" service is currently not provided.
Verizon Wireless has stated that it needs additional coverage to serve its ever-increasing
customer base, and that the proposed site is ideally suited to provide the added capacity.
Without this cell site in operation, they state that customers may find that their calls are
"blocked" (i.e., the are unable to place or receive calls in the area due to heavy cellular
traffic). This cell site would also "fill-in" or strengthen areas of weak coverage which
would prevent "dropped" calls in those areas that are not served well by one or more of
Verizon's existing cell sites.
"Alternative Sites" - Subsequent to the Planning Commission hearing, Verizon also
provided an alternative site analysis (Attachment 8), including a topographic map with a
legend of eight other sites considered besides the Quail Court site. Staff reviewed these
sites with the applicant, who indicated that the SDG&E tower on the southeast comer of
Nacion and Palomar (Alternative Site G) "is suitable as a backup candidate."
"Stealth Design" - The monopines for the proposed facility 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 is intended to assure that the poles blend into the
surrounding environment, and to provide an unobtrusive structure to attach antennas that
would be painted to match the pine branches.
Regarding the three concerns expressed by the Planning Commission:
A. Staff shares the Planning Commission's concerns with the non-residential use in
a residential zone. When correctly configured and constructed, a single wireless
Page 5,Item:
Meeting Date: 11/12/02
facility might have the same impact as a utility pole or home occupation
business. While not welcome intrusions for most property owners, the City
Council does have 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, because the R-1 zone
allows unclassified uses, with a conditional use permit. In the present case,
though, the wireless facility will not be the only one at the proposed location. In
fact, the multiple antennas and equipment shelters could be seen as conveying a
non-residential feel in the immediate area.
B. The proposed facility is required to be in compliance with ANSI standards for
EMF emissions. The Federal Communications Commission (FCC) enfomes the
ANSI standards; however, if the FCC 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
expressing health risks that the project might generate.
C. Since the Planning Commission hearing, Verizon has provided additional
information at staff's request on alternative sites investigated for the proposed
wireless telecommunications facility. With this additional information, it appears
that Alternate Site G (described above) would meet Verizon's criteria as an
alternative to the Quail Court site. The applicant described Alternate Site G as "a
suitable backup candidate." However, "Verizon Wireless maintains that the
current [Quail Court] candidate will have the least visual impact to the
community. This is our firm belief because the Quail Court facility is totally
stealthed and the public will not know it is there."
The applicant has prepared responses to issues brought up by the Planning Commission,
and they are attached (Attachment 6).
7. Conclusion
The Planning Commission recommended denial of the proposed conditional use permit
because:
· They believe that the wireless telecommunications 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 siting of multiple wireless telecommunications facilities in a
single backyard could be construed as an undesirable commercial use in a residential
zone. Staff also concurs that the applicant did not adequately demonstrate that
alterative sites were investigated. After review of the additional information submitted
Page 6,Item:
Meeting Date: 11/12/02
by the applicant, staff believes that Alternative Site G (on the SDG&E transmission
tower), located at Palomar and Nacion Streets, would be more compatible with its
surrounding area, and would, therefore, be a preferable location for this facility. A
draft resolution denying the request for a conditional use permit for a wireless
telecommunications facility at Quail Court is attached.
FISCAL IMPACT: There will be no fiscal impact to the General Fund. The applicant will be
responsible for all processing fees.
Attachments
Attachment 1 - Locator
Attachment 2 - Planning Commission resolution
Attachment 3 - Planning Commission minutes
Attachment 4 - Letters of opposition
Attachment 5 - Letter from property owner
Attachment 6 ~ Applicant's response to Planning Commission concerns
Attachment 7 - Coverage plots
Attachment 8 - Alternative Site Analysis
Attachment 9 - Site photos and photo simulations
Attachment 10 - Site Plan and applicant's project d escription/fmdings
~ SINGLE
O0 FAMILY
'11
SINGLE
FAMILY
RESIDENTIAL
SINGLE
FAMILY
RESIDENTIAL
PROJECT
LOCATION
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECt' PROJEC'r DESCR~P~O.:
APPLICANT: JOHN BEKE / TETRA TECH WIRELESS
CONDITIONAL USE PERMIT
PROJECT
ADDRESS: 455 QUAIL COURT Request: Proposal for the construction and operation of a
wireless telecommunication facility to include: two 15 feet tall
SCALE: I FILE NUMBER: monopines and equipment cabinets.
NORTH No Scale PCC-02-34
h:\home\plannin \DAl\locators\PC~0234.cdr 01/18/02 / ~
, ~ C7 ATTACHMENT
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
of Chula Vista Planning Department on January 9, 2002 by Verizon Wireless ("Applicant"); and,
WHEREAS, said Applicant requested permission to construct at3 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 from environmental review, CEQA Section 15303, new construction of
small structures; and
WHEREAS, the Planning and Building Director set the time and place for a heaving 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:
ATTACHMENT 2
AYES: Cortes, Hall, McCann, O'Neill, Thomas
NOES:
ABSENT: Castaneda, Willett
Kevin O'Neill, Chairperson
ATTEST:
Diana Vargas, Secretary
Planning Commission Minutes - :3 ~ June 12, 2002
issues in order to be able to move forward with his proposal. He further stated that he
believes the proposal merits further-cor~ideration and approval.
Commissioner O'Neill stated that he is willing to give the applicant the benefit of the
doubt as it relates to the conversion being in existence when he bought the property.
The reality is that the property is what it is today and the project as proposed is too larse~
for the surrounding neighborhood. He further stated that it behooves the applicant to
address the size issue and consider scalin§ back the project because he would not like
to mislead the applicant into thinking that if the gara§e conversion issue is taken care of,
his proposal, as currently designed, would be.approved.
MSC (Castaneda~Thomas) (5-0-1-1) that the Planning Commission direct staff to come
back with a resolution of denial of the project based on the Commission's inability to
make the necessary findings for approval because the property has not been brought
into conformance and the unit, as proposed, is charaderistically incompatible with the
surrounding neighborhood, and would have a detrimental affect on the General Plan
and the quality of life within the Single Family neighborhood. Motion carried with
Commissioner Cortes abstaining.
3. PUBLIC HEARING: PCC 02-34; Conditional Use Permit to install two 15-ft.
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.
Planning Commission Minutes - 4 - June 12, 200?
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 GPS antenna, and related
equipment enclosure located in the rear of the property, at 45 Quail Court.
Commission Discussion:
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 [-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 like 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 commLttnity 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 applicant to
attempt to find another location for thei~ facility, most likely due to an assumption that
because there already is an existing facility on. that property, 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 (Thomas/Willett) (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 GPS 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 General Plan
Visioneering Training and an update on the Redevelopment area amendment.
ADJOURNMENT at 8:00 p.m. to the Planning Commission workshop of June 19, 2002.
Diana Vargas, Secretary to Planning Commission
466 Quail Court
Chula Vista. CA 91911
April 18,2002
TO ~OM IT ~Y CONCE~:
~ mfe~nce to ~e ~te~a ~g ~ at 455 Q~I Co~ we
of ~e ~afion ~g m clo~ m ~e homes. We ~11 have a ~d c~ld sm~g h~
from ~e m ~e ~d do not w~t ~s thing to ~ ~1~ We
v~om heM~ proble~ ~at ~s m~d ca~ ~d wo~d not w~t it to be ~1~.
Jmes & S~ley Willims
//zgzzd~-
460 uail Court ,,~ ..... ~ ~-
Chula Vista~ CA 91911 ~, ~
'~ APR 18 2002.
April 18, 2002 7_ '~ ~ "[
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 ti,at 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 properly 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 dextahie our property has made it worth our time and energy to fight through what
ever obstacles may be involved. We have contacted a group ofpeopte 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 y~/Helton
19 April 2002
Ci~ of Chuta of Chu~a
ATTN: Caroline lewis -
RE: ~e numar P~C-02-34 ~ ~
Wirem~s ~mmunica?ion ~acili~ ~rmi? r~u~ , ~
455 ~uoil ~u~ ,. APR' 1 8 2002
ChuJa ~sta, CA 91911
I am the n~ door neigh~e to the subje~ address. Z went through this p~c~s when the
fie~ wieel~s communi~tion faciliW was p~pos~, app~v~ and i~all~. ~e facili~ sits
~ to my peo~ line. My concerns then as they are t~ay, the h~lth haza~ of the
ele~eo-mag~tic field, the ob~xious ap~ean~ in a residential communi~ and the effe~
the facJli~ will have on our peo~ value.
Z was peomis~ by the Planning Commission, ~he Ci~ eepe~entative and Pacific ~11, that
the ele~eo-mag~tic field (EM~) would ~ te~ within w~ks of the fie~ o~eatJon and
that Z woul~ receive wo~ of the e~ults. In addition, subs~uent t~s would ~ conduced
with word of the e~ults ~ing sent to me. ~ eeceiv~ a phone call informing me of the
initial EMF t~ e~ults, but no hard copy of the e~ults. ~ have ~ceiv~ nothing sin~
time. As fae ~ Z know, ~ subs~uen? ?e~s have ~n condu~. With ?his hi~o~
draw f~m, I cannot believe Tetra Tech Wieel~s oe the Ci~ will do any be~ following up
with EMF t~s on ?his newly peo~s~ facili~. ~MF is e~l and is a haza~, ~ we are
timing out. ~e antennas are just too close to the ~ple that live in this communi~.
My n~t concern was an~ is the awful ap~eance of these huge electric ~x~ and the mast
the antenn~ ~e a~ached to. Wi?hour ~ception, ~ple that have vJsJ?~ my home that
were unaware of the placement of the antennas n~ door to me, had terrible n~tive
comments abo~ them. This new peo~sal will ~ no different. ~e antennas are
sore and shoul~ not ~ located in ~ ~sidential communi~.
My last, but not I~ con,eh, was and still is the effe~ thee antennas will have on my
peo~ valve. I al~dy know the answer to that. ~ving thee in~allafions n~ to my
home lowers my peo~ value~ Zust ~foee the end of the y~e, ~ eefinanc~ my home
which, of course, ~uie~ an appraisal. As the person doing ?he appraisal w~ walking
a~und my home, he notic~ the antennas. He finish~ his work and ~ he w~ a~ut to
I~ve, I asked him if he had any ~mments. He:~id all w~ ~tive b~ he ~uld ~ Io~ing
the fi~l ~lts ~ 3 to 4 thou~nd doll,s ~e of the ~i~ ap~n~ of the
. ~t~.
It is unfair foe me to be ~naliz~ ju~ bec~se Pacific ~11, Tetra Tech and the Ci~
Chula Vi~a and my neighbors decide its a good idea to ce~te a ya~ full of antenn~
dooP.
You, the City of Chula Vista, a~e supposed to be the watch dog, the police force for' the
people. You ore 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~'ry owner should receive equal
consideration and protection.
Very respectfully
~field ~
46! C~uail Court
Chulo Visto, dA 91911
To Whom it may concern:
My name is Rafael Hemandez-anatI'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, ifI 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?
AUG 2 0 2002
PLANN)NG
.luly 23, 2002
Planning Department
City of Chula Vista
276 4t~ Ave
Chnla Vi~t~, 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 fmd nothing negative. At
the time I had custody of my two grand children ages 9 and 13. I was
concerned for their health. There was nothing I could find and they are
both healthy as am L
/(/3., ~ 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's. I
feel this is a little political since Mr. Heiton is an employee of the City. of
Chula 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,
Mrs. David T. Homley
4800 Vegas Valley Dr. #149
Las Vegas, Nv. 89121-3339
Cc: Verizon
Mayor Hovton
On June :L2, 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 error for 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 EMF 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 perception of 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 Chuta
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. Tf 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 this particular
site.
There is a small "hole" in Verizon's coverage along this stretch of ]~nterstate 805.
Affcer 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, Vedzon engineers are designing new
sites near or on residential property in order to provide improved service to the
very people who demand it.
The :~996 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
case, 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 DENYING A CONDITIONAL USE PERMIT,
PCC-02-34, TO VERIZON WIRELESS TO CONSTRUCT AN
UNMANNED W1RELESS COMMUNICATIONS FACILITY
AT 455 QUAIL COURT.
A. RECITALS
1. Project Site
WHEREAS, the parcel that is the subject matter of this 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 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 a 45-
square-foot equipment building on the Project Site; and,
4. Environmental Determination
WHEREAS, the Environmental Review Coordinatur determined that the Proj eot is a
Class 3 Categorical Exemption from environmental review pursuant to the California
Environmental 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 below, in accordance with Planning
Commission Resolution PCC-02-34; and,
1
WHEREAS, on July 10, 2002, the Planning Commission 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 before the City
Council of the City of Chula Vista was scheduled for 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, then to August 27, then
to October 8, and finally to November 12, 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. ENVIRONMENTAL DETERMINATION
The Environmental Review Coordinator has concluded that the project is a Class 3
Categorical Exemption from environmental review pursuant to the Califomia Environmental
Quality Act.
D. CONDITIONAL USE PERMIT FINDINGS
The City Council of the City of Chula Vista is unable to make the findings, as set forth
below, required by the City's rules and regulations to approve the issuance of conditional use
permits. Therefore, the request to issue a coffditional use permit (PCC-02-34) for the
Verizon Wireless Facility at 455 Quail Court is denied. The evidentiary basis that prohibits
the required findings from being made is provided after each of the findings.
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 wireless telecommunications facility is not necessary at this particular
residentially-zoned location because the site is not required to eliminate gaps in Verizon's
coverage area. Instead, it is being used to upgrade the coverage in the area from a "good"
rating to a "best" rating. While improving the strength of the wireless signal in the area is a
laudable goal, the impacts to the neighborhood and community outweigh this marginal
benefit. Finally, siting of this facility in the proposed location is not necessary because the
applicant has stated that an alternative site at Nacion and Palomar streets would be "suitable
as a backup candidate". While the alternative site is also in a residential zone, the facility
would be located in an SDG&E right-of-way on a lattice-style tower, thereby resulting in less
of an impact on the surrounding neighborhood.
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 City does not promote the location of wireless facilities in residential zones. Residential
zones, among other things, are meant to be quieter, less visually cluttered, more visually
appealing, and have less foot and vehicle traffic. These zones are where citizens live and
play. Compared to a commercial zone, damage to the aesthetics of a residential zone is more
easily accomplished by the same or similar intrusion and has a greater impact on citizens'
quality of life and the values of nearby parcels. Furthermore, the cumulative impact of
allowing multiple wireless facilities throughout the City's residential areas is something the
City wishes to avoid, unless necessary. Accordingly, wireless facilities should be located in
residential zones only when necessary and should primarily benefit the residential area in
which it is located (so that the number of residential sites Citywide is kept to a minimum).
In the present case, the proposed wireless facility's monopines and equipment enclosures are
incompatible with the character of the neighborhood. While stealth in nature, the facility's
antenna would not be mistaken for a real tree - especially by nearby property owners who
have a close-up and stationary view. Likewise, the facility's large equipment shelters are
industrial in nature and also inconsistent with the community's character. It is clear, based
on common sense and the testimony of at least one of the adjacent property owner's (who
consulted with a real estate appraiser) that construction of the Verizon facility would
negatively impact property values of the surrounding parcels. Furthermore, the proposed
location of the wireless site currently hosts two 15-foot Cingular antennas and 75 square feet
of 5 foot high equipment shelters. Adding additional equipment shelters and two monopines
on a developed 0.19- acre lot results in a less residential, and aesthetically displeasing parcel.
Because of these observations, Finding No. 2 mentioned above cannot be made.
3. That the proposed use will comply with the regulations and conditions specified
in the code for such use.
The Zoning Ordinance specifies that an unclassified use (such as a wireless cellular facility)
is eligible for a conditional use permit if the regulations and condition specified in the
Zoning Ordinance can be met. However, the evidence presented shows that the proposed
wireless facility will be inconsistent with the requirements of the Zoning Code, therefore
Finding No. 3 cannot be made.
3
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.
While the proposed wireless facility would dc detrimental to the health, safety or general
welfare of persons residing or working in the vicinity, the granting of this proposed permit in
and of itself (if correctly configured) would not adversely affect the City of Chnla Vista
General Plan due to the relatively minimal impact on land use Citywide. Traffic levels would
not increase significantly and the stealth nature of the antennas would not significantly
contribute to Citywide blighting conditions. However, multiple sites of this nature, located
in residential zones around the City, would have an adverse impact on the City's General
Plan.
THIS RESOLUTION DENYING ISSUANCE OF A CONDITIONAL USE PERMIT FOR 455
QUAIL COURT IS HEREBY PASSED AND APPROVED BY THE CITY COUNCIL OF
THE CITY OF CHULA VISTA, CALIFORNIA THIS 12th DAY OF NOVEMBER 2002.
Presented by Approved as to form by
Robert A. Leiter John M. Kaheny
Director of Planning and Building City Attorney
4
SINGLE
FAMILY
SINGLE
FAMILY
RESIDENTIAL
SINGLE
FAMILY
RESIDENTIAL
PROJECT
LOCATION
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR ..OJECT ..OJECT DESCR~.~ON:
APPLICAN~ JOHN BEKE / TETRA TECH WIRELESS
CONDITIONAL USE PERMIT
PROJECT
ADDRESS: 455 QUAIL COURT 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:\home\planning\DAl\locators\PCC0234.cdr 01/18/02 / ~"~<~ EXHIBIT A
PCC 02-34 /Vefizon Wire!ess
r Looking east at subject property from across 1-805 i
Topographic Map with Legend of Alternate Sites Considered
/~/~- ~.,~ ATTACHMENT ~
A!temate Site
Overall view of Albertson's Center / 220-225 Orange Avenue
Overall view of Albertson's Center / 220-225 Orange Avenue
Alternate Site
View of Albertson's Center Showing Drop in Elevation
* This shopping center is 10' lower than
alternate sites C-F and 45' lower than the
subject site at 455 Quail Court.
* An antenna support structure would need
to be 65' at this location to get the same
coverage along 1-805 as the subject site at
455 Quail Court.
Alternate Site
Overall view of Exxon Gas Station / 1498 Melrose
*Not considered due to lack of room
and high potential for environmental
contamination.
Alternate Site
Overall view of Maria Bonita Restaurant / 1455 Melrose
*This site was examined and rejected due
to lack of room for the proposed Verizon
Wireless equipment.
* An antenna support structure would
need to be 50'-5'5' at this location to
clear the houses behind the restaurant to
get the same coverage along 1-805 as the
subject site at 455 Quail Court.
A!temate Site "D"
Overall view of Strip Center / 1459-1473 Melrose
* This site was examined and rejected
due to lack of room for the proposed
Verizon Wireless equipment.
* An antenna support structure would
need to be 50'-55' at this location to
clear the houses behind the strip center to
get the same coverage along 1-805 as the
subject site at 455 Quail Court.,
/q-37
Alternate Site
Overall view of 7-11 /1475 Melrose
* This site was examined and rejected
due to lack of room for the proposed
Verizon Wireless equipment.
* An antenna support structure would
need to be 50'-55' at this location to
clear the houses behind the store to get
the same coverage along 1-805 as the
subject site at 455 Quail Court.
A!temate Site
I Overall view of 76 Gas Station / 1495 Melrose
*Not considered due to lack of room
and high potential for environmental
contamination.
A!temate Site
Overall view of SDG&E Lattice Tower / SEC Nacion and Palomar I
* Not preferable due to an antenna separation issue
with Sprint PCS. Verizon Wireless' antennas need to
be at least 10' lower than the existing antennas.
(cannot go higher)
*At the available height, the antennas would be
partially blocked to the east and south by trees and
not meet the coverage objectives.
*This site is not preferable because it is too far north
in the coverage area and may cause a second site to
be required to cover the commercial area at Melrose
and Orange.
A!temate Si_te
Overall view of SDG&E Lattice Tower / Raven Ave. n/o Redwing
* The visibility of antennas and equipment installed on
this tower would be greater than the proposed 15'
monopines at 455 Quail Court.
* No stealthing potential or oppoffunity to integrate with
the setting is possible with this site.
*This site is not preferable because it is too far north in
the coverage area and may cause a second site to be
required to cover the commercial area at Melrose and
Orange.
Site Photos
Overall View of Equipment Location
Existing Pac Bell/Cingular Site
ATTACHMENT,
Photo Simulation
BEFORE
.~.~' · AFTER - Existing Tree Removed for Clarity
~l~wirele$$ Project: Orange Hills Address: 455 Quail Court
Photo Simulation
AFTER
I~wirelo$$ Project: Orange Hills Address: 455 Quail Court
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/q-CZ AWACHMENT 10
[ I /9-97
City of Chula Vista
Conditional Use Permit PCC-02-34
Project Description & Background ZnformaUon
Owner: David & Jean Homley
q55 Quail Court
Chuta Vista, CA 91911
Applicant: Verizon Wireless
Linda Paul, Project Director
15505 Sand Canyon Road, D1
[wine, CA 92618
Applicant's Agent: Tetra Tech Wireless
John Beke, Project Manager
357 Van Ness Way, Suite 150
Torrance, CA 90501
Site Address: 455 Quail Court
Chula Vista, CA 91911
APN: 642 200 36 00
Zoning: R1
PRO3ECT DESC~uP 1 ION
Verizon Wireless is requesting approval of a Conditional Use Permit to allow the installation, use,
and maintenance of a proposed wireless communications facility at a,55 Quail Court. The facility
will consist of two (2) 15' tall faux pine trees, one (1) GPS antenna and telecommunications
equipment cabinets located in the rear of the residential lot overlooking Interstate 805. One pine
will host three (3) 4' panel antennas and the other pine will host one (:[) 2' diameter microwave
dish antenna. All antennae will be painted to match the pine branches.
The Property:
The subject property is located just east of the 805 Freeway on the north side of Orange Avenue.
The property is developed with a one-story single family residence and hosts a Pacific Bell /
Cingular Wireless facility approved in 1996. The subject property is adjacent to other residential
uses to the north, south and east, with the 805 Freeway to the west.
Objective:
This cell site both a "capacity" site and a "coverage" site. This location is ideally suited to provide
the added capacity required by our ever-increasing customer base as well as to provide additional
coverage in this part of Chula Vista.
Without this cell site in operation, customers may find that their calls are "blocked" (i.e., 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 our existing cell sites.
Project Description & Findings Site: Orange Hills
i q_ .l page,
ABOUT WZRELESS COMt4UNICATZONS AND VERZZON WTRELESS:
Background:
As a licensee authorized by the Federal Communications Commission to provide wireless services
in this region, Verizon Wireless rnu~establish a network of wireless communication facilities in the
metropolitan area and beyond. Each wireless communication facility, or base station, will consist
of transmitting and receiving antennas mounted on a communication tower or other suitable
structure and electronic equipment cabinets. It will also consist of radios for receiving and
transmitting wireless communications and complex electronic equipment to operate the radios,
interface with other wireless communication facilities, provide connections to the landline
telephone network, and link the cell site with the main switching center.
In order to meet the basic level of operational radio signal coverage, radio frequency (RF)
engineers have designed a network of wireless communication facilities for the San Diego IvlTA.
Speci§c sites are chosen after lengthy analysis by the applicant's engineers. Selection criteria
include: limitations imposed by surrounding topography, the intended service area of the site, and
the ability of the new site to "see" other sites in the network from its proposed location. Other
selection factors include suitable access, availability of electrical and telephone service, and a
willing property lessor. Where the necessary design criteria can be met, co-location with existing
telecommunication facilities is a preferred option, and the antennas and equipment are screened
or integrated with the building whenever possible. Only after careful analysis of many candidates
and successful lease negotiations have been completed is a land use application such as this one
submitted.
The wireless communication facility is a passive use and will have little or no impact on other
properties in the surrounding area. The facility is unmanned. After an initial construction period
of 30 to 45 days, the only tragic 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 materials needed to operate the site are
located in the equipment shelter. The wireless communication facility does not require water or
sanitary facilities and therefore will generate no waste water.
Alternative Site Analysis:
Verizon Wireless' RF Engineer issued a Site Acquisition Report Form (SARF) to Tetra Tech Wireless
in October 2001. Tetra Tech Wireless representatives from the Leasing (acquisition), Planning
(entitlements) and Construction disciplines converged in the parking lot of Maria Bonita Mexican
restaurant located at 1455 to discuss the objectives and search criteria.
A primary goal is improved coverage along this portion of the 805 Freeway which is depressed at
its intersection with Orange Ave. The best way to cover the depressed freeway is to be as near to
it as possible All commercial properties at Melrose and Orange have been evaluated and not
considered to be viable for varigus reasons explained on the following pages as Alternative
Candidates A-F. Additionally, two SDGSd~ lattice are evaluated in the same section as Alternate
Candidates G and H.
In summary, the commercial candidates are on lower ground, therefore requiring a taller support
structure (palm, pine, flagpole etc.). The current candidate at 455 Quail Court remains the best
site for Verizon Wireless that will have the least effect on the community.
Project Description & Findings Site: Orange Hills
ADDTr~ONAL ZNFORMAT~ON / FZNDTNGS
1. That the proposed use at the particular 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 project will be desirable to the public convenience and welfare by providing
essential communication service in the area. The facility is proposed to be located on
residentially zoned property and the proposed use is apparently compatible with the
existing uses of the subject property as well as the surrounding properties. Additionally,
the subject property possesses unique characteristics that make it an ideal location for the
proposed facility, which allows the facility to meet its objectives. The faux pine trees will
conceal all panel antennas from public view. The equipment will be located in the rear of
the existing house and will not be visible from street level. Access to the site will require
approximately one visit to the site per month. Therefore the proposed use will not
interfere with any existing activities or conveniences of the general public and will provide a
desirable service to the public without adding significant visual clutter.
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.
These improvements will actually enhance the general health, safety and welfare within the
City of Chula Vista by providing clear and reliable communications which can continue to
function in the event that telephone (wire) service is interrupted during an emergency
situation or natural disaster. The proposed installation consists mainly of panel antennas
that will be fully screened from view. Installation will not create a negative visual impact
and the construction of the facility will only be a minor alteration to the existing setting. Tt
is a minor change to the property that is innocuous in nature and therefore will not
encourage marginal development within the neighborhood.
3. That the proposed use will comply with the regulations and conditions specified in
this code for such use.
The zoning ordinance does not specifically address wireless communication facilities.
However, this installation is subject to a conditional use permit under the provisions of the
code and aims to be as stealthy and passive as possible. The pines are proposed at the
minimum functional height and are located outside of the required rear and side yard
setbacks.
4. That the granting of this conditional use will not adversely affect the general plan
of the city or the adopted plan of any governmental agency.
The proposed facility is designed to be compatible and visually consistent with the
suburban setting. ];t will not affect the residential character of the area. It is a passive use
and therefore will not adversely affect the policy and goals of the General Plan.
Project Description & Findings Site: Orange Hills
ITEM 19
RESOLUTION NO. 1 $190
RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL
GRANTING CONDITIONAL USE PERMIT PCC-96-06 TO PACIFIC
BELL MOBILE SERVICES ALLOWtNG THE CONSTRUCTION AND
OPERATION OFAWlRELESS 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 al~plication for a conditional use permit was filed with the
City of Chula Vista Planning Department on August 22, 1995 by Pacific Be[I 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 oq 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 newspape~ 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 15190
Page 2
NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine and
resolve as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence on the Project introduced before the Planning Commission
at their public hearing on this project held on 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
for[h, 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.
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 Iow-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.
in3. the code That for the such proposed use. use will comply with the regulations and conditions specified
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-95-47 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-locatees
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
Pa§e 4-
6. Comply with ANSI standar0s for £MF emissions, Within three {31 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 subiept site. The report shal~ quantify the IMF emissions and
compare the results with currently accepted Af, ISI standards. Said report shall be
subiect to review and approval by the Director of Planning for consistency with tha
proiect proposal report and the accepted ANSI standards. If on review, the City finds
that the Proiect does not meet ANSI standards, the £it¥ may revoke or modify this
conditional use parmit.
Submit evidence within three (3) months that the proieet 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.
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 EMI: 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.
Resolution 18190
Page 5
14. Applicant/operator shall and does hereby agree to indemnify, protect, defend
and hold harmles~ 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 bu~s, jness license, be held in abeyance without approval.
?gn/a~ure of Property Owner ~Y// Date
/[.. ,. _ . ,. ,. .
S~gnature of R~Jresentat~ve of Date
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.
VII. INVALIDITY; AUTOMATIC REVOCATION
Resolution 18190
Page 6
It is the intention of the City Council that its ~doption of this Resolution is dependent upon
the enforceability of each and every term, provision and condition herein stated; and that in
the event that any one or more terms, provisions or conditions are determined by a Court of
competent jurisdiction to be invalid, illegal or unenforcea.ble, this resolution and the permit
shall be deemed to be automatically revoked and of no further force and effect ab initio.
Presented by A ved as form by
Robert A. Leiter Bruce M. Boog~ard\
Director of Planning City Attorney ~
Recorded Doc. #1996-0139460
3/21/96
Resolution 18190
Page 7
Exhibit A
PARIC¥IE
PRO EG"T
r CHULA VISTA PLANNING ,DEPARTMENT
O CONDITIONAL USE PEI~MIT
~ ~S Q~II ~
Resolution 18190
Page 8
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
Shirle~f'H~)rton, Mayor
ATTEST;
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.
Beverly A/'Authelet, City Clerk
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PCC 02-341 Verizon Wireless
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Looking east at subject property from across 1-805
-~ --.-----...---.. "'--'--"'~"-~-- --.- ----.
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I Topographic Map with Legend of Alternate Sites Considered
---.-.-- '-----
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ATTACHMENT 8
i
Alternate Site "A"
I Overall view of Albertson's Center 1220-225 Orange Avenue I
. '
.,---
-------------
---,--
I Overall view of Albertson's Center 1220-225 Orange Avenue j
/9 - 33
Alternate Site "A"
l, View of Albertson's Center Showing Drop in Elevation,
--------.......-, -.-'~---_..._---------... _._.._-----~._-- ."
* This shopping center is 10' lower than
alternate sites C-F and 45' lower than the
subject site at 455 Quail Court.
* An antenna support structure would need
to be 65' at this location to get the same
coverage along 1-805 as the subject site at
455 Quail Court.
/q-31-
AIt -, t S! ·'t ' "'B"ì
_ .,' vemave .",1 e
II Overall view of Exxon Gas Station 11498 Melrose '
__ ___ ..____ _ __ _ __ _...~________ J
*N ot considered due to lack of room
and high potential for environmental
contamination.
/Cj- :35
Altern-ate Site ~'C'i'
Overall view of Maria Bonita Restaurant 11455 Melrose
________________ __ ______-- '" _ ____ __ __J
*This site was examined and rejected due
to lack of room for the proposed Verizon
Wireless equipment.
* An antenna support structure would
need to be 50'-55' at this location to
clear the houses behind the restaurant to
get the same coverage along 1-805 as the
subject site at 455 Quail Court.
/ q -3{:;
Altern_ate Site "Ð'"
I Overall view of Strip Center /1459-1473 Melrose :
~--------- ------- ---"
* This site was examined and rejected
due to lack of room for the proposed
Verizon Wireless equipment.
* An antenna support structure would
need to be 50'-55' at this location to
clear the houses behind the strip center to
get the same coverage along 1-805 as the
subject site at 455 Quail Court.
IQ-'2.'7
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T. __. . ema e _ ..lte .~_j
Overall view of 7-11/1475 Melrose
-~--_......._-_._-
- _'__."____n
* This site was examined and rejected
due to lack of room for the proposed
V erizon Wireless equipment.
* An antenna support structure would
need to be 50' - 55' at this location to
clear the houses behind the store to get
the same coverage along 1-805 as the
subject site at 455 Quail Court.
/Q-3Z
Alternate Site' "F"
i Overall view of 76 Gas Station /1495 Melrose ¡
-..--------..-.- ---- -- -"
*N ot considered due to lack of room
and high potential for environmental
contamination.
Fl-39
Alternate Site "G"
" Overall view of SDG&E Lattice Tower I SEC Nacion and Palomar ,
___ ___ _..._________..__.___..__ _ __.._____..._ __ _____.______._._____ _0" .._ _____.___.-,_____ ._~
* Not preferable due to an antenna separation issue
with Sprint PCS. Verizon Wireless' antennas need to
be at least 10' lower than the existing antennas.
(cannot go higher)
* At the available height, the antennas would be
partially blocked to the east and south by trees and
not meet the coverage objectives.
*This site is not preferable because it is too far north
in the coverage area and may cause a second site to
be required to cover the commercial area at Melrose
and Orange.
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AIt t. Si"t _ u'H"
'- ___...ema'e ". 1,e '-- .
I Overall view of SDG&E Lattice Tower 1 Raven Ave. nlo Redwin9
_.----- ---. ----.. --------.-.-- -----------
* The visibility of antennas and equipment installed on
this tower would be greater than the proposed 15'
monopines at 455 Quail Court.
* No stealthing potential or opportunity to integrate with
the setting is possible with this site.
*This site is not preferable because it is too far north in
the coverage area and may cause a second site to be
required to cover the commercial area at Melrose and
Orange.
¡q_ '-/-f
Site Photos
Proposed Location of Two
Verizon Wireless Faux Pines and
Equipment in Rear of the Property
Overall View of Equipment Location
- -
----
I Existing Pac BelllCingular Site ¡
/9-'1;;2-
ATTACHMENT 9
Photo Simulation.
Existing Tree to Remain
Originally Proposed to be Removed
j
BEFORE
Proposed Verizon Wireless
Faux Pine Trees (15' tall)
Proposed Verizon Wireless
Equipment Cabinets (6' -6" tall)
4 now, I future - total of Five (5)
~
WI I2J!!.1wireless
AFTER - Existing Tree Removed for Clarity
Project: Orange Hills Address: 455 Quail Court
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veriz:sl!Iwireless
Project: Orange Hills Address: 455 Quai] Court
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COUNCIL AGENDA STATEMENT
Item:
Meeting Date:
;2D
11112/02
ITEM TITLE: Public Hearing: A proposal for a 35-ft. monopalm antenna structure with
equipment enclosure at 1008 Industrial Boulevard. Applicant - Sprint PCS.
Resolution: Of the Chula Vista City Council granting a Conditional Use
Permit (PCC 02-41) for Sprint PCS to construct an unmanned cellular
communications facility located at 1008 Industrial Boulevard.
SUBMITTED BY: Director of Planning and Building $
REVIEWED BY: City Manager c,J; 9'í" (4/Sths Vote: Yes_No ~
Sprint PCS requests permission to install, operate, and maintain an unmanned cellular
communication facility within the existing parking lot of the Toys-R-Us property on Industrial
Boulevard adjacent to the 1-5 northbound L Street offlon ramps. The permit will allow for three
antenna arrays on a 35-ft. monopalm. A 450-sq. ft. radio equipment compound area would be
located adjacent to the structure enclosed by a decorative block wall surrounded by two real palm
trees and shrubbery.
The Environmental Review Coordinator has concluded that this project is a Class 3(c) categorical
exemption from environmental review (CEQA Section 15303 (c) --- new construction of small
structures) .
RECOMMENDATION: That the City Council adopt the resolution granting a Conditional Use
Permit for a wireless communications facility located at 1008 Industrial Boulevard..
BOARDS/COMMISSIONS RECOMMENDATION: On October 9, 2002 the Planning
Commission voted (4-0-0-3) to adopt Resolution PCC-02-41 recommending that the City Council
approve the proposed cellular facility. The Planning Commission chose between a 50-ft. monopine
and the 35-ft. monopalm, and recommended the monopalm based on the lower profile design and
horizontal character of other adjacent built structures and the existing vegetation in the vicinity.
Although a monopine could allow for a co-location on the same pole, another monopalm could be
located nearby along the edge of the property for future collocation and not affect future
development on the site.
DISCUSSION:
Site Characteristics
The site is a portion of the parking lot located in front of the existing Toys-R-Us shopping center.
The site is paved with a same grade relationship to Interstate 5, which is adjacent to the west, and the
proposed location of the telecommunication facility is adjacent to the L Street offlon ramps located
d-D - ,
Page 2, Item:
Meeting Date: 11/12/02
due north. The entry to the site is a customer driveway on Industrial Boulevard between the four-
way stop at the L Street off/on ramp and the four-way stop at Moss Street. The Metropolitan Transit
District Trolley line and rail-served industrial including the San Diego Pallet property are due east of
the location of the proposal. The nearest residential zoned properties are the single family homes
south of Moss Street and the apartment east of the L Street self-storage buildings.
General Plan, Zoning and Land Use
GENERAL PLAN ZONiNG CURRENT LAND USE
Site: Research & Limited Manufacturing IP Toys-R-Us
North: Research & Limited Manufacturing ILP Family Fun-For-All
South: Research & Limited Manufacturing IP Spectrum Church
East: Research & Limited Manufacturing ILP Datacom Warehouse
West: General Industrial IP Bay View Commerce Center
Proposal
Sprint PCS proposes to construct an unmanned cellular communication facility in the northeastern
comer of the subject property. The facility would consist ora 35-ft. high monopalm and a 450-sq. ft.
radio equipment area housed within a decorative block wall enclosure.
The applicant offered the choice of either a monopine or a monopalm to be made at the discretion of
the Planning Commission. Either structure would contain three antenna arrays, and each array will
consist of three antenna arms with three antennas on each, for a total of up to 9 panel antennas. As
noted previously, the Planning Commission is recommending the monopalm. The aesthetic
treatment includes a faux palm tree design, complete with shaped palm tree arms with a faux wood
trunk. Two real palm trees will surround the monopalm, and new shrubbery will screen the
equipment shelter enclosed within a decorative block wall from I-5 freeway views and the parking
lot at the on/off ramp of L Street near Industrial Boulevard.
Wireless communication facilities, when not integrated into an existing building or facility, are
considered to be an "unclassified use" (Section 19.54.020N of the Chula Vista Municipal Code).
Such uses shall be considered by the City Council upon recommendation by the Planning
Commission. The height limitation in the IP zone is 45-ft. or three and one-half stories; however, the
height limitation may be adjusted through the conditional use permit process.
Analysis
All telecommunication providers are encouraged to attach their facilities to existing structures.
However, because of the low-rise nature of development in Chula Vista, there are a limited number
of locations in our City that reach the heights necessary to cover a provider service area.
Therefore, the need for new facilities to meet the customer demand for telecommunication facilities
continues to arise. As a result, there are a number of monopole facilities currently in Chula Vista,
many consisting of monopoles of up to 65-ft. in height.
Page 3, Item:
Meeting Date: 11/12/02
as competitor sites within approximately l-mile of the proposed site (see Attachment 4). The radio
frequency engineering staff for these applicants disapproved the candidate sites because either I) they
could not meet their service area objectives, or 2) they could not attach their antennas to existing
facilities.
Since this application allows for a co-location proposal, in the form of another monopalm within the
proximity of this one, staff believes this is a positive effort from the applicant on behalf of the City's
co-location goals. Staff's believes the monopalm selected by the Planning Commission will function
well at this site. There are palm trees in the vicinity, as well as pepper and eucalyptus trees. The
major difference between the pine and palm is that a future co-location could be pro~ided on the same
pole with a monopine, but the monopine would be a minimum 50-f~. tall, (the mono-pine would look
similar to the one Sprint installed at the San Diego Country Club golf course). The Planning
Commission chose the monopalm as it provides for a lower profile facility. A future co-locator would
have the option of providing another mono-palm nearby without adversely affecting the surrounding
parking lot or a future development of the comer portion of the parcel.
The proposed facility is located in an IP zone and is not in close proximity to residential uses.
However, because of the high visibility of the site from the freeway a form of camouflaging is
appropriate for this facility. The mono-palm would look similar to the one Sprint installed at the
Hilltop Baptist Church at 740 Hilltop Drive.
If approved, conditions of approval will include a requirement that the applicant inspect, repair and
otherwise maintain the artificial elements of the facility as well as the real trees and landscaping. In
addition, the irrigation for the real trees and the additional shrubbery and groundcover will be
periodically maintained to ensure that the entire facility is well kept. The applicant or the landlord
shall be required to provide a maintenance agreement.
CONCLUSION: ·
Based on the location and its context, as well as the surrounding land uses, staff believes that the
monopalm would be the most appropriate camouflage technique to be utilized at this site. The
Planning Commission also is recommending approval of the monopalm design as presented along
with the entire landscape treatment.
FISCAL IMPACT: The applicant has paid all processing fees.
ATTACHMENTS:
1. Locator Map
2. Planning Commission Resolution and Minutes of Planning Commission
3. Application documents with Disclosure Statement
4. Photo-simulations, photos of actual Monopalm
I SOLAR
TURBINES
FUN ~
4
ALL
~1 SAN DIEGO VILLA
PALLETS MARINA
APARTMENTS
KIDS
OUTLET
PROJECT t
LOCATION
~ BRENTWOOD
I CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT PROJECT DESC.~O~
O APPUCAN~.. COX COMMUNICATIONS CONDITIONAL USE PERMIT
PROJECT
ADDRESS: 1008 INDUSTRIAL BOULEVARD Request: Proposal for the installal~on and operation of a
tetecomniunic~don fac~Tdy to include: 9 panel antennas mounted
SCALE: FILE NUMBER: on a 48 foot high monopalm, and support equipment
· NORTH No Scale PCC-02-41 Related Case: ISA32-027.
C:\DAlFILES~Jocators\PCC0241.cdr 02/12/02
RESOLUTION NO. PCC-02-41
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL GRANT A
CONDITIONAL USE PERMIT, PCC-02-41TOCONSTRUCT
AN UNMANNED CELLULAR COMMUNICATIONS FACILITY AT
1008 INDUSTRIAL BOULEVARD
WHEREAS, duly verified applications for a conditional use permit were filed by
representatives for Sprint PCS with the City of Chula Vista Planning Department in January 30,
2002; and
WHEREAS, said applicants request permission to construct an unmanned cellular
communications facility, including a mono-palm with an equipment enclosure, at 1008 Industrial
Boulevard; and
WHEREAS, the Environmental Review Coordinator has concluded that the project is a
Class 3 {c} categorical exemption from environmental review pursuant to the California
Environmental Quality Act; and
WHEREAS, the Planning Director set the time and place for a hearing on said
conditional use permit 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 with.in 500-ft. 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 October 9,
2002 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 subject application.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION
does hereby recommend that the City Council approve Conditional Use Permit PCC-02-41 in
accordance with the findings and subject to the conditions and fmdings contained in the attached
City Council Resolution.
BE IT FURTI-IER 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 9th day of October, 2002, by the following vote, to-wit:
AYES: Madrid, Hall, Castaneda, Hom
NOES:
ABSTAIN:
ABSENT: O'Neill, Cortes, McCann
Russ Hall, Chair
ATTEST:
Diana Vargas, Secretary
Development Processing
CITY OF CH ULA VISTA Application Form -.Type A
Planning 8: Building Depaxtment
an, oF 276 Fourth Avenue Page One
CHULA VISTA
TYPE O1' REVIEW REQIJESTED
Cond~ional
Use
Filing Date: I/5~/o
~ Valance ~ig~d Planner:
Rec~pt No.:
~ S~ial Land Use Pe~ De~ ~: ~
~ Mi~ell~: ~ ~A. ~ ~ Hea~g
~icant NQ~ Phone No,
Cox Communications PCS LP/DBA Sprint PCS Agent - (858) 535-9880 ext. 236
Ap~lca~ Address
Agent: Gianni & Associates,10180 Telesis Cou~, Suite ~165, San Diego CA 92121
Apricots Intere~ In Pro~ ~ applDant Is ~t o~er, ~¢s
~ O~ ~ Lease ~ tn Escrow ~ Option to purc~se is requlr~ ~ p~e~ request, S~ slgna~re
on ~ Two,
Nch~l/Agent P~ne No,
Di Donato Associates 619-299-4210
Arch~t/Agent A~ress
3939 First Avenue, Suite ~100, San Diego, CA 92103
G~A~ ~RO~CT D[SC~ON (for all
Project Name [ Pro~sed Use
Sprint PCS proposal - 773g Toys R UslHarborside ~ Commercial Telecommunications Facili~
~neral ~scfipfion of Pro~ Proj~t
'Ple~e ~ ~p~d~ A to p~e a full ~cflpti~ and Ju~lfi~ f~ ~e
See Supplement for general decription of proposed Project, a~ached to Appendix A.
Has a represental~ve amended a ~e-Application Conference 1o discuss this projec'f? No
ff so. who1 was tide date? NA Pre-ADp No,: NA
SUBJECT PROPERTY INFORMATION (for all ~, pes)
LOCation/Street Address
1008 Industrial Boulevard, Chula Vista, CA 91911
&ssesso~'s Parcel No. Total Acreage Redevelopment Area
617-010-24, 25 3.4? NA
CQrrent General Plan Designation Cu~e~ Zone Designation Plann~cl'~ommunl~y [~
Industrial/Manufacturing IP - Genera ndustr el (Precise Plan NA, Industrial sector
Cu~enf Land. Use . Is this in Monlgoi ~ ~ry $.R?
Strip mall with large asphalt parking lot (high percentags vacant) No
Development Processing
"""--'~{~'* CITY OF CHULA V~STA ApPlication Form
~ Planning & Building Department
crw o~ 276 Fourth Avenue Page Two
CHUIA VI.~A (619)691-5101
Case No,:
Type of Use Proposed Landscape Coverage [% of Lol) -- ,
:F-IResidenfial F'XlComm. f-lind. F1Other BuldngCoverage°/'~OfLOt ,0103 of an acre
RESIDENTIAL PROJECT SUMMARY
Type of Dwelling Unit[s) Number of Lots
NA NA
No. of Dwelling Units Proposed Existing
1 BE NA NA
2BR NA NA
3+BR NA NA
Total NA NA
DensilY {Pus/acre] Maximum Building Height Minimum Lot Size Average Lot Size
NA NA NA NA
Parking Soooes Total Off-street Type of Parking (size: whether covered]
NA
Required by Code: NA
Provided: NA
Open Space Description (Acres each of private, common, and landscaping)
NA
NON-RESIDENTIAl, PRO3ECT SI.~L~,_R¥
Gross Floor Area [st] Proposed ~sting Building Height
450 sq. ft 3.47 ecres 48 Monopa m (to top of fronds)
Hours of Operation (Days ~ Hours]
24 hour PCS service
Anticipated Total # Employees Max. # of Employees at any one time
0, only for periodic maintenance 2 emp oyees visit s te ever~ 2 to 3 months
Parking Spaces Required Spaces Provided [Type of paddng (size)
J
NA NA ~c~NAng
# of Stuaenls/C;hildren (if ac:~icaDl~) Age Ot sluaems/onllaren 1~ applicoJ21e}
(_;OpaciTy
NA NA NA ,
Print Applicant or Agent Name . Applicant c~ Agent Signature
RTA International ~.OA enclosed -
Print Owner Name Owner Signature* Date
[Required If Appflaant is nat Owner)
* Letter of owner oansent may be used in fieu of s/gnOTUre.
Appendix A
PROJECT DESCRIPTION AND JUSTIFICATION
PROJECT NAME: Sprint PCS proposal - 773g Toys R Us/Harborside
APPLICANT NAME' Cox Communications PCS LP/DBA Sprint PCS
Please describe fully the proposed project, any and all construction that may be
accomplished as a result of approval of this project and the project's benefits to yourself,
the property, the neighborhood and the City of Chula Vista. Include any details
necessary to adequately explain the scope and/or operation of the proposed project.
You may include any background information and supporting statements regarding the
reasons for, or appropriateness of, the application. Use an addendum sheet if
necessary.
For all Conditional Use Permits or Variances, please address the required "Findings" as
listed in listed in the Application Procedural Guide.
Description & Justification.
The Project consists of the installation and operation of antennas and
associated equipment cabinets for Cox/Sprint's Personal Communication
Services (PCS) wireless network. The Toys R Us site will enhance service
for PCS users primarily along the I-5 Freeway (north and south), Industrial
Boulevard, L Street~Naples Street, Palomar Street and arterial streets in the
general radius of the project site.
The proposed site will have a total of (9) Cox/Sprint PCS panel antennas,
(three per sector) mounted on a 4g-foot high monopalm (to top of fronds)
with a pineapple, in a landscaped median at the northern perimeter of the
parcel, adjacent to the existing asphalt parking lot. Cox/Sprint's proposed
equipment enclosure (30' x 15') will house the monopalm and be screened
uniformly by Oleanders, found along the I-5 Freeway fence line along the
parcel. In addition, Cox/Sprint PCS will plant two 20-foot additional Fan
palms (~Zashin~,tonia Robusta) to create a palm cluster effect. These natural
palms are hardy and stand upright (See Building Plans and Visual
Simulations).
Cox/Sprint PCS will implement a 6'- 0" high chain link fence with slats and
man gate to protect the equipment enclosure, including cabinets and
computers. As noted above, the equipment enclosure will be properly
screened.
Maintenance access to the site will be from Industrial Boulevard (See
Building Plans). c~), ~
Appendix B
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
You are required to file a Statement of Disclosure of certain ownership or financial interests, payments,
or campaign contributions, on all matters which will require discretionary action on the part of the City
Council, Planning Commission, and all other official bodies. The following information must be disclosed:
1. List the names of all persons having financial interest in the property which is the subject of the
application or the contract, e.g., owner applicant, contractor, subcontractor, material supplier.
R T A International Inc,
205 West 35th Street
National City, CA 92050
2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals owning more than 10% of the shares in the corporation or owning any partnership interest
in the partnership.
R T A International Inc
205 West 35th Street
National City, CA 92050
3. If any person* identified pursuant to (1) above is non-profit organization or a trust, fist the names of
any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of
the trust.
NA
4. Have you had more than $250 worth of business transacted with any member of the City staff,
Boards, Commissions, Committees, and Council within the past twelve months? Yes__ No v'
if yes, please indicate person(s):
-5. Please identify each and every person, including any agents, employees, consultants, or
independent contractors who you have assigned to represent you before the City in this matter.
Gianni & Associates, Inc. Di Donato Associates
10180 Telesis Court, Suite 165 3939 First Avenue, Suite 100
San Diego, CA 9212'1 San Diego, CA 92103
6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a
Counci]member in the current or preceding election period? Yes __ No ,/ If yes, state which
Councilmember(s):
(NOTE: ATTACH ADDITIONAL PAGES AS NECESSARY)
' ~.~g nat u r-e'~ ~ontr~ct~rlap plicant
Mark Berlin - Agent for Sprint PCS
Print or type name of conb'actor/applic~t
* Perxon i~ de~inecl a~: "A ny individual. ~rrn, co-partnership, joint venture, association, social club. fre~terna! organi=ation, corporation,
other group or combination acting a.~ a unit."
APPENDiX C
DEVELOPMENT PERMIT PROCESSING AGREEMENT
Permit Applicant: Cox Communications PCS LP/DBA Sprint PCS
Applicant's Address: A,qent: Gianni & Associates,lO180 Telesis Court, Suite #165, San Diego CA 92121
Type of Permit: Canditonal Use Permit
Agreement Date: /- :~' - ~
Deposit Amount: 3000.00
This Agreement ('Agreement") between the City of Chula Vista, a chartered municipal
corporation ("City") and the forenamed applicant for a development permit ("Applicant'), effective as of
the Agreement Date set forth above, is made with reference to the following facts:
Whereas, Applicant has applied to the City for a permit of the type aforereferenced ("Permit")
which the City has required to be obtained as a condition to permitting Applicant to develop a parcel of
property; and,
Whereas, the City will incur expenses in order to process said permit through the various
departments and before the various boards and commissions of the City ("Processing Services"); and,
Whereas the purpose of this agreement is to reimburse the City for all expenses it will incur in
connection with providing the Processing Services;
Now, therefore, the parties do hereby agree, in exchange for the mutual promises herein contained,
as follows:
1. Applicant's Duty to Pay.
Applicant shall pay all of City's expenses incurred in providing Processing Services related to
Applicant's Permit, including all of City's direct and overhead costs related thereto. This duty of
Applicant shall be referred to herein as "Applicant's Duty to Pay."
1.1. Applicant's Deposit Duty.
As partial performance of Applicant's Duty to Pay, Applicant shall deposit the amount
aforereferenced ("Deposit").
1.1.1. City shall charge its lawful expenses incurred in providing Processing
Services against Applicant's Deposit If, after the conclusion of processing Applicant's
Permit, any portion of the Deposit remains, City shall return said balance to Applicant
without interest thereon. If, during the processing of Applicant's Permit, the amount of
the Deposit becomes exhausted, or is imminently likely to become exhausted in the
opinion of the e City, upon notice of same by City, Applicant shall forthwith provide
such additional deposit as City shall calculate as reasonably necessary to continue
Processing Services. The duty of Applicant to initially deposit and to supplement said
deposit as.herein required shall be known as 'Applicant's Deposit Duty'.
2. City's Duty.
City shall, upon the condition that Applicant is no in breach of Applicant's Duty to Pay or
Applicant's Deposit Duty, use good faith to provide processing services in relation to Applicant's
Permit application.
2.1. City shall have no liability hereunder to Applicant for the failure to process Applicant's
Permit application, or for failure to process AppIicant's Permit within the time frame requested by
Applicant or estimated by City.
c_ o -/O
A?PENDtX C
(2 0£3)
2.2. By execution of this agreement Applicant shall have no right to the Permit for which
Applicant has applied. City shall use its discretion in valuating Applicant's Permit
Application without regard to Applicant's promise to pay for the Processing Services, or
the execution of the Agreement.
3. Remedies.
3.1. Suspension of Processing
In addition to all other rights and remedies which the City shall otherwise have at law or equity,
the City has the fight to suspend and/or withhold the processing of the Permit which is the subject
matter of this Agreement, as well as the Permit which may be the subject matter of any other Permit
which Applicant has before the City.
3.2. Civil Collection
In addition to all other rights and remedies which the City shall otherwise have at law or equity,
the City has the dght to collect all sums which are or may become due hereunder by civil action, and
upon instituting litigation tO collect same, the prevailing party shall be entitled to reasonable attorney's
fees and costs.
4. Miscellaneous.
4.1 Notices.
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served or deposited in the United States
mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested at
the addresses identified adjacent to the signatures of the parties represented.
4.2 Governing LawNenue.
This Agreement shall be governed by and construed in accordance with the laws of the State
of California. Any action adsing under or relating to this Agreement shall be brought only in the
federal or state courts located in San Diego County, State of California, and if applicable, the City of
Chuta Vista, or as dose thereto as possible. Venue for this Agreement, and performance hereunder,
shall be the City of Chula Vista.
4.3. Multiple Signatories.
If there are multiple signatories to this agreement on behalf of Applicant, each of such
signatories shall be jointly and severally liable for the performance of Applicant's duties herein set
forth.
4.4. Signatory Authority.
This signatory to this agreement hereby warrants and represents that he is the duly
designated agent for the. Applicant and has been duly authorized by the Applicant to execute this
Agreement on behalf of the Applicant. Signatory shall be personally liable for Applicant's Duty to Pay
and Applicant's Duty to Deposit in the event he has not been author[zed to execute this Agreement by
Applicant.
APPENDIX C
(3 of.~)
4.5 Hold Harmless.
Applicant shall defend, indemnify and hold harmless the City, its elected and appointed
officers and employees, from and against any claims, suits, actions or proceedings, judicial or
administrative, for writs, orders, injunction or other relief, damages, liability, cost and expense
(including without limitation attorneys' fees) arising out of City's actions in processing or issuing
Applicant's Permit, or in exercising any discretion related thereto including but not limited to the giving
of proper environmental review, the holding of public hearings, the extension of due process rights,
except only for those claims, suits, actions or proceedings arising from the sole negligence or sole
willful conduct of the City, its officers, or employees known to, but not objected to, by the Applicant.
Applicant's indemnification shall include any and all costs, expenses, attorney's fees and liability
incurred by the City, its officers, agents, or employees in defending against such claims, whether the
same proceed to judgement or not. Further, Applicant, at its own expense, shall, upon written request
by the City, defend any such suit or action brought against the City, its officers, agents, or employees.
Applicant's indemnifica~on of City shall not be limited by any prior or subsequent declaration by the
Applicant. At its sole discretion, the City may participate at its own expense in the defense of any
such actin, but such participation shall not relieve the applicant of any obligation imposed by this
condition.
4.6 Administrative Claims Requirements and Procedures.
No suit or arbitration shall be brought arising out of this agreement against the City unless a
claim has first been presented in writing and filed with the City of Chula Vista and acted upon by the
City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista
MunicipaJ Code, as same may from time to time be amended, the provisions of which are
incorporated by this reference as if fully set forth herein, and such policies and procedures used by
the City in the implementation of same. Upon request by City, Consultant shall meet and confer in
good faith with City for the purpose of resolving any dispute over the terms of this Agreement.
Now therefore, the parties hereto, having read and understood the terms and conditions of this
agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the
date set forth adjacent thereto.
Dated: City of Chuia Vista
278 Fourth Avenue
Chula Vista, CA
By:
Dated: ~/~
LETTER OF AUTHO?IZA-TION.
To Who n It May C0ncc:m: /, .
I .., ~ ...~. "~!T'''x'/~ .
~epe~ K~o~ C~ (Sp~t) PCS, ~ ~ a~e~t, ~ ~ A~oi~tes, ~. ("O~'),
~o ~t ~ m ag~t on my be~ f~ the p~os~ of
appS~t ~ ~cess~ to e~ur~ Cox (Spfin~)
p~ose )f~o~ ~d opiating · co~cafiom faciSty. I ~ au~oriz: Cox
~eir pn ~osed ~e of~ prop:~. I s~l no~ hold ~ox (Sp~at) PCS or G~ li~l~
for ~y ~ r~sting d~f~t or o~on on or ~ ~e~ 1o tho ~p~y, whe~ or not,
su:h de~ ~:t or con~on ts ~sclos~ by m~, ·
I ~ ~d~rstmd ~a~ s~g offs au~o~zgtion do~ ~ot create m obligation of my
,
o e- - ,..-
File
associates
8~8 ~880 Office
8~8 ~3~-1787 F~
1-30-02
CI'IY OF CHULA VISTA
Planning and Building Department
276 Fourth Avenue
Chula Vista, CA 91910
Re: Cox Communications PCS LP~DBA Sprint PCS Services -
Sprint proposed PCS Site 773G - l~arbor Side.
Dear Kimberly Vander Bie and Dawn Van Boxtal:
On behalf of Cox Conmaunications PCS LP/DBA Sprint PCS Services, I am submitting the
enclosed application for a Conditional Use Permit for a proposed site located at 1008 Industrial
Boulevard, Chula Vista. The Project consists of the installation and operation of antennas and
associated equipment cabinets for Cox/Sprint's Personal Communication Services (PCS) wireless
network The Harbor side site will enhance service for PCS users primarily along the 1-5 Freeway
(noTth and south), Industrial Boulevard, L Street, Naples Street, Moss Street, Palomar Street and
arterial streets in the general radius of the project site.
The proposed site will have a total of (9) Cox/Sprint PCS panel antennas, (three per sector)
mounted on a 48-foot high monopalm (to top of fronds) with a pineapple, in a landscaped median
at the northern perimeter of the parcel, adjacent to the existing asphalt parking lot. Cox/Sprint's
proposed lease area and equipment enclosure (30' x 15') will house the monopalm and be
screened uniformly by Oleanders, found along the 1-5 Freeway fence line along the pamel. In
addition, Cox/Sprint PCS will plant two 20-foot additional fan palms (Washingtonia Robusta) to
create a palm cluster effect. These natural palms are hardy and stand upright (See Building Plans
and Visual Simulations).
Cox/Sprint PCS will implement a 6'- 0" high chain link fence with slats and man gate to protect
the equipment enclosure, including cabinets and computers. As noted above, the equipment
enclosure will be properly screened.
Maintenance access to the site will be from Industrial Boulevard (See Building Plans).
Enclosed in this submittal is the following:
· General CUP Application - Appendix A, B, C
· Application Processing Fee of 3000.00
· Grant Deed
· LOA
· Environmental Review - Initial Study Package (IS, Parcel Map, Topo Map and Surrounding
Site Photos)
· Visual Simulations
· 24 Building Plans (11 x17)
· 1 reduced 8 1/2 x 11 Building Plan
If you have any questions or need additional information, please do not hesitate to contact me at
(858) 349-1434 or (858) 535-9880 ext. 236
Sincerely,
Mark Berlin
Planning Manager
Eoc: Conditional Use Permit and processing fee
o-/5
RO?T~:02-O0§7?ll
$ ~0
J~N 30 2002/1:1~ RH
CITY OFCHULAVISTA
STATEMENT OFAMOUNTDUE
Date: 01-30-2002
Applicant: COX COMMUNICATIONS
Location: 1008 INDUSTRIAL BL CHVI
Project No: PCC-02-41
AMOUNT: $2,000.00
FOR: Condifion~ UsePermit, Plann~gCommission Hearing
DQ#: DQ-808
ACCT#: 00892-2721/010
800000
TRANS
CODE: 9501
Total: $2,000.00
~ DEC.'81 8001 11:19 FR FIDELITY NATL TITLE619 298 ?439 TO 18585351?8? P.08
J
~. ~on~l Ci~, Cali~o~ia FEB 92050
617-010 OS . , ,;.~ .:
017-010 25 T~r T~ PaM "~
617~010-14 ~n DIdo ~un~ R~er
· 2
~t~ ~r ~1~Tie ~id in
hr~by GRA~(~) to
R. ~. A. !~ATZ~ ~NCO~0~ED
~e {o[l~w~,~ ~ ~=~ p~)' ~, d~e City Of Sa~ Diego
~re p~ticularly ~e~cribea On Exhibit A attached
hereto ~d by ~is refezenc~ incorporate~ herein.
;- DEC' ~1 ~001 11:19 FR FIDE~.~TY NATL TITLE619 ~98 7439/T-0 18585351?87 P.03
t'
i DECJE] 2001 11:18 FR FIDELITY HATL TITLE61S E88 7438 TO 18585351787 P,04
~'[ F.~stcrly co.cc o~ cha~ ~rc~on nE ~bc ].60 [oo~ f~c~ay ~iF, hc o~
~'/ descr/b~ ~ Deed tO Cbc Sta~c of ~11[o~/= recorded April ~6, 19~0
~sterly l~ nE aaid r~h~ of v~y 626.90 feec ~ro or le~ 2o ~he "'
~r~h~s~y co.er oi s=id ~za~=y r~gh~ o~ v~), In ~hc ~or~he~ar~y
bound=~ nE ~c purcel of l=~d described ~n D~od ~o ~r~re~ ~.
~h~ce along S~Ld Nor~h~s~e~ly boundary Sou~h 71e41r ~s~ &G2, TB fec~ '
~rc or les~ ~o a po~r ~n the cen=~= l~ne of an 80 fear h~gh~y kno~ ~"
as ~y Bouleva~ a~ ~10~ said cen~r line South ~9' F~;t 330 ~e~
PARCEL & ~
That parc o~ thnr portion o~ I~1~ Wast llalf of the We~C [laJ£ of Qunrcor
(2 of 3) "
~ DEC~ ~1 ~001 Il:IS FR FIDELITY NATL TITLE~IS ~98 ?439 18585~51787 P.05
.. viC~ut, b~ver, thc ti~hc to gclE, m[~e, ~xplore and operate through
(3 o£ 3)
T-14~ p. D02/O09 F-315
~' DEC-~'I-01 12:17PM FRO~ ~ .. ,~. '", , ., ........
~ V~ ~SO~Wt I~C. , ,¢,,...,, :,
==~ 205 Hest 35~ S~e=t ~~.
=~. National City, Califo~ia
Tide O~der No. 7G6766-10 E~e~w No. 1859-D ~ ~ ~r~.
Panel No.
GB T
Tmn r Pald
~n Diego Coun~
~m ..~r~i~ ~er]a~e.~ Ih~l ~4c don~mm~sry IF. aster mx i~ $ ........... ~.~.~.,.~_0. ............................................... and
~ vompu~d on the lull valu~ of the i~llc~l or pro~rty con;~y~, or is
~ unlnmq,orated o~ ffi *ity o[ .................................................................................................
FOIl A VALUABt,E CONSIDERATION, receipt ct which i~ hereby ac~owlMgcd,
g~S H. x~, a married m~ which Dee~ recites as Cockily Proper~y
of hi. elf, and YURIK0 L. Y~TE, also as ~ L. Y~, his wife
h~reb)' CRANTIS) lu
.-ntmly of S~ Diego . slale of California:
more p~ticularly described on E~it A attached
hereto and by ~is reference inco~ora%e~ herein.
" D~C-'ZI-01 IZ:ITPM FRO~ T-14g P.OO3/oog F-$15
~7-o~'~ a '~ 6~ B~ '"'~'~
~7-0~0 2S
617-010-~4 Tin.et Tax ~M
San DI~ ~un~
~ ~mpul~ on ~e full value ]c~ the value of {{ens or ~cum~ran~ ~nlnff ~n ~t ~e ~ o~ ~le, ~e
~ unin~=t~ ~ ~ city ~ ................... '
FOB A V~ABLE CO~5ID~TION, r~ipt of which i~ hereby ~e~owled~
J~S M' Y~T~' ~ m~ie~ m~ which Dee6 re0ites as Co~ity Proper~
of hi. elf, an~ ~KO L. Y~TE, also as y~ L. Y~TE. his wife
h~by GRA~(SI to
R. T. A. I~E~ATION~ INCO~0~TED
0~ ~.~'~ 8~h~ ~] p~=ny ~. ~e City of S~ Diego
~.,.~y ~f San Diego . ~=~= .f ~.~,~:
~re p~ticularly 4asurib~ on E~ibi~ A attached
hereto ~d by ~is reference ~co~orated herein.
,., ....
_/. - ....
'~ ~. Y - ~ -- . .....
" D~¢-21-01 12=18PM F ROI.{-. 5:7h, ~ /--'~, %149 P.004/009
...... ' ~ ......... ," ' ,..' ". '~
~' '"' ~0, 766~9 . .
PARCEL ~:
Section 166'of Rancho de la Nation, County of Hen Diego, State of California,
according to the Map thereof by Morrill, No, 166, file4 in the 0f~tce
County Recorder o{ San Dlego County, California.
recorded iii Book 3343 Po~e ~3& of Official Record~ of ~he County
I'ARCE[. 2:
No. 166, mn(lo I~y gtmrSu S. Mnrrill. filetl In tim Of Cice of the County
Recordce of San Diego County, described as follows:
Beginning at a po{at Jt~ the Soucheagterly line oF said Quarter Section 165,
distant along said line Notch 71° East 150.50 feet from the momt Southerly
corner o[ said Quarter Section, said point of beginnin~ being ~he mos[
corner of chat portion of the 160 foot freeway right nf way described in deed
to the Stat~ of California, recorded April 26, 1950 as Document No. 4723~
Book 3596 Page 388 0f Off[clal Records; thence Northerly along the Easterly line
uf said right of way 626.90 fe~t, more or less, to ~l~e Northeasterly cocner
said freeway rtahc of way in the Northeasterly boundary of thee parcel of la~d
described in deed to Margaret ~. Bernes, recorded January 17, 19&5
No. ~1;2 in [~ook 1794 Page 384 of Official Records; ti]mice alo~xg said North-
enm~eely boundary South 71"41' East 46.278 feeg mote or leia,
cbc cea:er lin~ of nn 80 foo~ llighway known aa "Bay Boulevard" and along
said center line South ;9° I~st 330 feet to ~b~ mnsc Eus~erly cornet of said
Bernes' ]aDd ill said Southeasterly li~le of sa'id Quarter Section 165; thence
along said Southeasterly line South 71° West 509.90 feet to ehe POINT OF
BEGINNING.
EXCEFT1NG TltgREFROM the Easterly 150 feet of the Soutlxerly 100 fee~ theceof.
.d.Sn KXCEPTING TIHiRKI~ROM that per,ion dec. ded to the State* o[ California, in
instrument recorded ~anuary 9, 1970 am File No. 38~i of Off legal Rueords.
~IBIT X (l of 3)
" DEO-21-01 1Z:ISPM FROM- T'14g P.OOS/oog F-315
.................. o. .....................
distant along said line.Notch 71~ '~St 150.50 fee: [rom the most Eoatherly ' '
corner o~ said Quarter Section, said point o£ beginning being the mos: Easterly
corner of ch&: portion of the 160 foot freeway right of way described in deed ~;[,~';"""~
to the S~a:e of California, recorded April 26, 1950 as Document No. 67234 in
Book 3596 Page 388 o~ Official Recerds; thence Northerly along the ,~aeterly line
of said right of way 626.90 feet, more or less, to.the Northeasterly corner of ..,..,i
said freeway right of way i~ the Northeasterly boundary of that parcel of land Ji".',{!i~.:....,
described in ~eed to Margare: S. Bernes, recorded January 17. 1915 as Document
No. 4112 in Book 1794 PaSo 38& o~ Of?ariel Kecordsl thence alon~ said North-
easterly boandary Sou~h 71'4l' Zest 15.278 feec more or less, co a poin~ in ..
~he cea:er line of au 80 foo~ Highway known as "Bay Boulevard" and along ,. .
said center line $ou~h ]9" Ea~ 330 feet ua tile most Esstcrly corner o~ said
Berne,' ~s~c! ~n said Southeasterly line of s~fd Q-otter Section 165; thence
a{onR said Southeasterly line South 71° West 509.90 feet to zhe POINT OF
BEGINNING.
EXCEPTING THgREFROM ~h~ Easterly 150 fee~ of ~h~ Southerly 100 fee~ ~hereof. '~
.'~[Si) EXCEPTING THEREFROM ~{{a~ portion deeded to the $ta~ -f Californ%a, in ..~
instrument recorded January 9, 1970 as File No. 3871 of Official Records.
MAIL TAX ~ATEMKNTS ~ PAR~' SHOWN ON FO~OWING LINE IF NO PARTY ~ SHO~ MA · ~;~;:.~' ' "~
DE'C-21-OI 1Z:IBPM FROM- ~, T-T46 P.OO6/O0O F-315
766649,.-9
PAP, CEL .3:
The Easterly 150 feet of ~be Southerly .100 feet of that portion of
Quarte= Section 165, of RANCHO DE EA NACION, according to Map No. 166,'
made by Ceo.' $. Morrill, fiXed in the Office of the County Recorde:,
described as fellows:
~eginning a~ a puint on-:he Southerly lin~ of said Quarter Section
distant along ~aid line North 71' ~st 1~0.30 fee: from the mesh Southerly
corner of said ~ur~er Section, said point of beginn~g being the most
~a~=erly corner of =ha: portion o: the 160 fooC freeway ri~h: of way
describ~ in Deed ~o =he S:a:e of ~llfo:~ia recorded April 26, 1950
Book 3596, paga 388 of Official Records; thence ~or=he:ly alo~ the
F~s:erly line of said right of way 626.90 feet ~re or less =o the
Northeasterly =~rner of ~aid f:e~ay right of way in the Northeasterly
bounda~ of ~ba: parcel o~ land d~c:ibed in Deed to ~rgarc: S. ~ernes~
recorded January 17, 1945 in ~ook 1794, pc.ge 38~ of Official Records,
:hcnce along said Nor:h~s:erly bou~ary South 71~tl' ~s: 462.78 feet
~re or les~ ~o a poin: in ~he cen:er line of aD 80 foot highway ~o~
as ~ay Boulevard and along said center li~e South 19e Fmst 330 fee:
=he moa= Easterly cornc: of said ~ernes' ~nd In said Southeasterly line
of said quar:ur Section 1~51 nhence alomg s~id Sau=heas:erly line SOuth
71* We~: 509.90 fee: ~o :he POINT OF ~ECINNINC.
That part of tim: por~ion of :he West Half of the West Ha]f of Quarter
Section 105 of ~cho de la Naaion om Map No. 166, [fled May 11, 186~,
~he S~ac~ of California by Parcel lA in Final Order of Conde~aa~ion
re~orded M;~y 2~, 1970, File No, 90265, San Diego County [l[~iciai
Southeamterly right of way line of State ltlghway 11-50-5-6,7 and
scribad as follows:
beLng a poi, t e,n the Nnrthorly linu of tha~ p:~ec, 1 of l:md dc~:ri.l,ed
Co~ty O~:lc/~l Kecor~s; thence along the following numbered cour~e~;
(1) alotlg said Northerly li~o North 70~3'00'' West, 160.47 fcec ~o
an angle of 15'ti'i9", a distance o~ 87.~0 feet to a n(,n-:ang~nt
of way lime;
(~) ~,~o,~; l:,~g saLd line So~lth 40~05'13'' Ear;t, 105.79 [o.~ ~, [']~e POINT
OF BEGLNN LNG,
· ' ~E¢-Zl-O~ 1~:t8P~ FR~ T-NO P.OU/O09
boundary of ghat ~8~cel of ;?-.. d title.bed ~ ~e~ ~o ~rga~
=hence ~on~ sa~ No;~h~s~ecly bou~ ~u~h ?1'~1' ~C 462.78 feet
more or l~s ~o a po~t in Che cen=~ line o~ az 80 ~oo= hi~y knc~
a~ ~y ~o~ava=d and alou~ said c~=er line South lg' ~s= 330 fee~ ~o
of sa~ Qua~tc~ Section 1~5; thence alon~ said Soucheast~ly line So~th
71' Wmsc 509,90 ~eec to che FOZ~ OF BEG~L~EG,
~C~L ~: ~...~
Tha~ part of that portio~ of ~he West Half 0f ~he We~t H~lf of Quarter
Sectio~ ~6~ of Rancho de la Nation on FMp No. 166, filed Msy 11, 1~69,
~ th~ Office of the County Cle=k of S=n Pi~go ~un~y, a~ conveyed ~o ..'
:he State of Cmlifornf~ by Parcel lA in Final ~der of Gonde~ation
~ecc~d~ May 25, 1970, FAi~ No. 90265, San ~icgo Coun~y O[ffeial Re- '~
c~rds; said pmrt hereby c0mvey~d lying Southeasterly of t[~e ~s~erly and :
Spu~heasterly right sf way line of Sta~a Highway 11-S~-5-6.7 and de- '$'
sc~fb~ a~ follows:
l$~Rinnin~ st ~he mos~ Snutheriy cocncr oF said S~a~e land, ~af~ corner
b~ing ~ poAn~ oo thc NofLher].y lane of thng parcel of l~m5 dc~{:rlbe~ as
Co~ntF ufffci~l l{e~urd.g; ~hcnce along, ~he following numbered courses; ~'~.
(1) alon~ said NortherLy lin~ Notch 70"33'00" West, 160.47 feet co a ,"
non-~ng~n~ curv~ on ~ald rLghc of way linc;
of way lin~; ~ ..-
OF ~EUINNLNG.
(2 of 3)
~ ~ , L , ~., ~l~ ARY PUBUC-~LFORNIA ~
_ _, L ........
" D~-ZI-O1 IZ:lgPbl FROM- T-14g P.gO$/oog F-315
pE~C~I~TION ,- .. ,..
U~D~.[~ NO, 7,~7fa6-10
drllli~g, mf~ing, exp[orfng end operating therefor and ~e~vi~g d~e same
from said lands or any ocher lands, including the rl~h~ co whipstock or
described, o~ or gas wells, tunnels ~nd shafts into, through or across
th~ subsurface of the la.ds herein~efo~e d~cribed, and to bottom such
whipstocked or directionally dri%led wells, funnels an4 m~fts under
bes~ea~h ar beyond the ~[erio~ limits thereof, and to redri].l, re~unmel,
withou[, however, the righ[ ~o drill, mine. e~plore and operate through
(3 of 3)
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Chula Vista, CA
91911
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Descriptíon: View from across {·5 Freeway of proposed Sprint
monopalm inside equipment enclosure. Proposed addifiona/live
palms on eithtff side of enclosure.
View 2 - Monopalm
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~'Sprint,
Sprint PCS
Site SD34XC773G
Harbors;de
1008 fndustriaJ Blvd.
Chula Vista, CA
91911
Description: View from across parking lot of proposed Spn'nt
monopalm inside equipment enclosure. Proposed additional live
palms on either side of enclosure.
View 1 - Monopalm
,¿)ú-30
c? 0 -3 f
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA GRANTING A CONDITIONAL USE PERMIT,
PCC-02-41 TO CONSTRUCT AN UNMANNED CELLULAR
COMMUNICATIONS FACILITY AT 1008 INDUSTRIAL
BOULEVARD
A. RECITALS
1. Project Site
WHEREAS, the parcel which is the subject matter of this resolution is represented in
Exhibit A attached hereto and incorporated herein by this reference, and for the purpose
of general description is located at 1008 Industrial Boulevard ("Project Site"); and
2. Project Applicant
WHEREAS, on January 30, 2002 a duly verified application for a conditional use permit
(PCC-02-41) was filed with the City of Chula Vista Planning Department by
representatives from Sprint PCS ("Applicant"); and
3. Project Description; Application for Conditional Use Permit
WHEREAS, the application is for a 35-fl. mono-palm with accompanying real trees and
landscaping within an unmanned cellular communications facility; and
4. Planning Commission Record of Application
WHEREAS, the Planning Commission held an advertised public hearing on the project
on October 9, 2002 and voted 4-0-0-3 recommending that the City Council approve the
project in accordance with Resolution PCC-02-41; and
5. City Council Record of Application
WHEREAS, a duly called and noticed public heating on the project was held before the
City Council of the City of Chula Vista on November 12, 2002; to receive the
recommendation of the Pla~ing Commission, and to hear public testimony with regard
to the same.
NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find,
determine, and resolve as follows:
B. PLANNING COMMISSION RECORD
Page 2
The proceedings and all evidence on the project introduced before the Planning
Commission at their public heating on this project held on October 9, 2002 and the
minutes and resolution resulting therefrom, are hereby incorporated into the record of this
proceeding.
C. ENVIRONMENTAL DETERMINATION
The Environmental Review Coordinator has concluded that the project is a Class 3 {c}
categorical exemption from environmental review pursuant to 15303 and 15311 of the
California Environmental Quality Act.
D. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council does hereby find that the environmental determination of the
Environmental Review Coordinator was reached in accordance with requirements of the
California Environmental Quality Act, the State EIR Guidelines, and the Environmental
Review Procedures of the City of Chula Vista.
E. 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 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 antenna location is necessary to provide and maintain a quality wireless
phone system in the Chula Vista area, particularly to the surrounding residential areas.
The proposed mono-pine antennas will provide coverage and capacity for this system that
will ensure availability to business users, personal users, and emergency service
providers including sheriff, police, fire, and paramedics, thus enhancing emergency
service and response.
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.
Telecommunication systems operate on low power radio waves and are regulated by the
FCC. Radio frequency radiation from this system of antennas has been found by the FCC
to be below any levels that would cause hazardous biological effects. This radio
frequency radiation is so far below recognized safety standards that they constitute no
hazard to public health or safety.
Page 3
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 am 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 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 this permit will not adversely affect the Chula Vista General Plan in that
said project is proposed to be built on a site surrounded primarily by public uses along
with residential uses, and the land use impact will be minimal and the visual impact is
being addressed.
F. TERMS OF GRANT OF PERMIT
The City Council hereby grants Conditional Use Permit PCC-02-41 subject to the
following conditions whereby the Applicant and/or property owner shall:
1. Prior to issuance of building permits, the applicant shall submit detailed plans and
revised photo-simulations for review and approval by the City Landscape Planner and
the Planning and Building Director to ensure that all proposed colors, materials,
screening and planting material will architecturally integrate with the surrounding
environment. All plans shall be consistent with the conceptual plans, elevations,
photo-simulations and other exhibits submitted for review at the City Council public
heating held on November 12, 2002.
2. Prior to the installation/construction of the mono-pine or mono-palm, the associated
equipment buildings, and the planting of real trees and the associated screening
landscape vegetation, the applicant and the property owner shall provide a
maintenance agreement to ensure that they will be responsible for all maintenance
repairs, replacement or upgrade of said improvements for the life of the project. This
agreement shall include the replacement of any artificial tree elements that appear
faded or worn overtime or as a result of adverse weather effects. Failure to maintain
the project site to the satisfaction of the Planning and Building Director shall be
grounds for revocation of this Conditional Use Permit.
3. The artificial branches to be installed on either the mono-pine or mono-palm structure
shall reach a length greater than the projection length of the antenna panel arms for
the antenna arrays. Provide additional photo-simulations with plans that indicate the
branches will extend beyond the antenna sectors from all three angles prior to
issuance of building permits.
Page 4
4. The landscaping and irrigation shall be installed simultaneously with the
commencement of construction of the mono-pine or mono-palm and will be in place
prior to the final inspection and issuance of the certificate of occupancy.
5. In the event that any damage occurs to the mono-pine or mono-palm, equipment
building, or landscape elements, the applicant will appropriately upgrade, repair or
replace the said improvements to the satisfaction of the Director of Planning and
Building.
6. The applicant shall remove all said improvements and restore the sile to its original
condition in the event that new technologies provide service that would cause the
existing facility to become obsolete.
7. This permit shall be limited to providing a single wireless communication provider
the entitlement to locate a facility at this location, and cannot be sold or leased to
another provider without written approval of the City.
8. Upon cessation of the business operations or use of the mono-pine or mono-palm and
accessory structures by the applicants, the applicants have 90 days to submit a
substitute user satisfactory to the Director of Plarming and Building Department, or
remove the mono-pines and accessory structures and return the site to its original
condition within 180 days after the substitute user is determined.
9. Cooperate with other tele-communication companies who wish to co-locate
additional antennas on subject property provided said co-locatees have received a
conditional use permit for such use at said site fi.om 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
complaining user.
10. If a mono-pine is constructed, a future provider may co-locate as a second provider,
subject to an administrative conditional use permit for the second antenna array with
approval by the Zoning Administrator. The future administrative conditional use
permit will be required to comply with all conditions of this conditional use permit,
and any additional conditions determined by the Zoning Administrator to be
appropriate to ensure compatibility.
11. Comply with ANSI standards for EMF emissions. If on review, the City finds that
the project does not comply with ANSI standards, the City may revoke or modify this
conditional use permit.
12. Ensure that the project does not cause localized interference with reception of area
Page 5
television or radio broadcasts, including local frequencies used by the Chula Vista
Elementary, Sweetwater Union High School, and Sweetwater Authority or Otay
Water Districts. If on review the City finds that the project interferes with such
reception; the City may revoke or modify the conditional use permit.
13. Access to the equipment cabinet, antennas, and satellite dish shall be restricted and
limited to service personnel and limited to a maximum of two visits per month during
daytime hours for routine non-emergency maintenance. The project must have
adequate access control to the antennas and equipment areas to help prevent theft,
graffiti, and other forms of vandalism. Applicant shall contact the Crime Prevention
Unit of the Police Department at 691-5127 for inspection and implementation of any
crime prevention elements prior to commencement of operation.
14. All lighting for the equipment enclosure shall be in conformance with Section
17.28.020 of the Municipal Code. The lighting plan shall include notations on the
type of shielding proposed to eliminate glare from adjacent residents, and shall be
reviewed and approved by the Planning and Building Director.
15. Comply with the City's Municipal Code noise standards. Within three (3) months of
the issuance of the certificate of occupancy, the applicant shall submit a report to the
Director of Planning and Building that provides cumulative field measurements of
facility noise. 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 for consistency with the
project proposal report 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.
16. The project shall be developed and maintained in accordance with the approved plans
on file in the Planning Division, the conditions contained herein, and Title 19
(Zoning) of the Chula Vista Municipal Code.
17. Prior to any use of the project site or business activity being commenced thereon, all
conditions of approval shall be completed to the satisfaction of the Director of
Planning and Building.
18. 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.
19. 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
Municipal Code regarding graffiti control.
Page 6
20. Comply with all requirements and obtain all necessary permits from the Chula Vista
Building Division. A building permit will be required for the mono-pine and
equipment building, with the provision of structural calculations for the proposed
monopalm. Compliance with 2001 Uniform Building Code, Uniform Mechanical
Code, Uniform Plumbing Code, and 1999 National Electrical Code is required.
21. Comply with all requirements of the Chula Vista Fire Department. Additional review
will be required at the time of building permit approval.
22. Comply with all requirements of the Chula Vista Engineering Department. Additional
review will be required at the time of building permit approval.
23. This conditional use permit shall become void and ineffective if not utilized within
one year from the effective date thereof, in accordance with Section 19.14.260 of the
Municipal Code. Failure to comply with any conditions of approval shall cause this
permit to be reviewed by the City for additional conditions or revocation.
24. 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 soume, which the Permittee cannot, in the normal operation of the
use permitted, be expected to economically recover.
25. 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 fi.om 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.
Page 7
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 Clerk of the County of San Diego, at the
sole expense of the property owner and/or applicant, and a signed, stamped copy of this
recorded document within ten days of recordation to the City Clerk shall indicate the
property owners/applicant's desire that the project, and the corresponding application for
building permits and/or a business license, be held in abeyance without approval. Said
document will also be on file in the City Clerk's Office and known as document No.
Signature of Property Owner Date
Signature of Representative of Date
Sprint Communications
H. ADDITIONAL TERM OF GRANT
This permit shall expire ten (10) 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 all conditions are being satisfied or whether or
not the structure(s) can be lowered.
I. NOTICE OF EXEMPTION
The City Council directs the Environmental Review Coordinator to post a Notice of
Exemption and file the same with the County Clerk.
2o-58'
Page 8
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 any one or more terms, provisions, or conditions are determined
by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this
resolution and the permit shall be deemed to be automatically revoked and of no further
force and effect ab initio.
Presented by: Approved as to form by:
Robert A. Leiter
Director of Planning & Building Eity Attorney
H:kAttomey~PCC 02-41 .doc
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 11/12/02
ITEM TITLE: Public Hearing regarding annexation of territory to Community
Facilities District No. 97-2 (Preserve Maintenance District)
A. Resolution of the City Council of the City
of Chula Vista, California, Annexing Territory into
Improvement Area A of Community Facilities District No.
97-2 (Preserve Maintenance District), designating
improvement areas therein and authorizing submittal of
levy of special taxes within each such annexation to the
qualified electors thereof
B. Resolution of the City Council of the City
of Chula Vista, California, acting in its capacity as the
legislative body of Community Facilities District No. 97-2
(Preserve Maintenance District) declaring the results of a
special election in such Community Facilities District
SUBMITTED BY: Director of Public Works~
REVIEWED BY: City Manager ~ F.~ (4/5ths Vote: Yes__ No X )
On October 22, 2002 the City Council initiated the CFD No. 97-2 annexation
proceedings by adoption of Resolutions 2002-414 and 2002-415. Tonight's action will
conclude the formal proceedings to annex territory into Improvement Area A of CFD No.
97-2. CFD 97-2. Improvement Area A funds the costs of the Resource Monitoring
Program as well as Preserve Operations and Maintenance. Improvement Area B only
funds the Resource Monitoring Program. The City has retained the services of
MurdFinancial as special tax consultant and Best Best and Krieger LLP as legal counsel
to provide assistance during the proceedings.
RECOMMENDATION: That Council:
1. Open Public Hearing and receive testimony from the public,
2. Approve the resolution forming and establishing Community Facilities District
No. 97-2 (Preserve Maintenance District), designating improvement areas therein
and authorizing submittal of levy of special taxes within each such improvement
area to the qualified electors thereof,
Page 2, Item ~ t
Meeting Date 11/12/02
3. Conduct a Special Tax Election,
4. Approve the resolution declaring the results of a special election in Commtmity
Facilities District No. 97-2 (Preserve Maintenance District), and
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
In July 1998, Council formed Commtmity Facilities District No. 97-2 (Preserve
Maintenance District). CFD 97-2 is divided into two Improvement Areas, Improvement
Area A and Improvement Area B. Improvement Area A funds the costs of the Resource
Monitoring Program as well as Preserve Operations and Maintenance. Improvement Area
B only funds the Resource Monitoring Program.
As projects develop within CFD 97-2 it is necessary to annex the projects from
Improvement Area B into Improvement Area A
Area of Benefit
The proposed boundaries of CFD No. 97-2, Improvement Area A, Annexation No. 2
encompass parcels located within the Village 6 owned by McMillin Otay Ranch LLC and
Otay Ranch Company. McMillin Otay Ranch is proposed to contain approximately 482
single-family detached homes, 212 multi-family units, a private 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 313
single-family detached residences, 1,079 multifamily units, 2.9 acres of commercial
property, and 5.2 acres of CPF property. Staff has reviewed the proposed annexation
boundary map and has found it acceptable and ready for approval by Council. A reduced
copy of the map is presented in Exhibit "B".
Proposed Special Tax
CFD 97-2 has four proposed categories of taxation, as follows:
,, 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.
· Property not categorized as Developed or Final Mapped Property is taxed on
acreage of the parcel.
Page 3, Item
Meeting Date 11/12/02
· The Exempt Category includes all publicly owned parcels and Homeowner's
Association parcels.
Developed Parcels are those parcels for which a building permit has been issued. The
proposed maximum special tax rate in the RMA was determined at the time of formation
of CFD 97-2 in 1998.
Collection of Taxes
At the beginning of each fiscal year the City shall determine the mount 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 Exhibit "A" for full description of RMA)
· The Maximum Special Tax Rates increases each year by the lesser of the annual
percentage change in the Consumer Price Index or the annual percentage change
in the estimated California Fourth Quarter Per Capita Personal Income contained
in the Governor's budget published in January.
· 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 original RIVIA. 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.
Proposed Maximum Special Taxes
The proposed maximum and actual special tax rates for fiscal year 2002/03 for
Improvement Area A of CFD 97-2 are as follows:
Page 4, Item ~-~ ]
Meeting Date 11/12/02
Special Tax Category Maximum FY 2002/03 Actual
', Special Tax Special Tax
(Monitoring) (Monitoring)
Residential (per square foot) $0.0054 $0.00
Non-Residential (per acre) $87.31 $0.00
Final Map Property (per acre) $87.31 $0.00
Undeveloped Property (per acre) $56.35 $0.00
Special Tax Category Maximum FY 2002/03 Actual
Special Tax Special Tax
(Operations & (Operations &
Maintenance) Maintenance)
Residential (per square foot) $0.0086 $0.0009
Non-Residential (per acre) $138.62 $15.26
Final Map Property (per acre) $138.62 $0.00
Undeveloped Property (per acre) $89.46 $0.00
Resolutions/Ordinance
There are two resolutions and one ordinance on today's agenda, which, if adopted, will
accomplish the following:
The RESOLUTION OF ANNEXATION is the formal action of the City Council
annexing territory into Improvement Area A of Community Facilities District No. 97-2
and authorizes the electors to vote on the special taxes.
The RESOLUTION DECLARING ELECTION RESULTS is the formal action of the
City Council declaring the results of a special election in Community Facilities District
No. 97-2.
FISCAL IMPACT
All costs of the annexation to 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 Annexation and District
administration in perpetuity.
Exhibits:
"A" Rate and Method of Apportionment
"B" Boundary Map
J:\Engineer~AGENDA\CAS ROF 11 ~12-02 mtg 97-2 Annexation.doc
ResolUtion 19110
Page 5
EXHIBIT A
.RATE AND METHOD OF APPORTIONMENT
ANNUAL TAX
A Special Tax shall be levied annually on each Parcel of land within the Preserve
Maintenance District, Community Facilities District No. 97-2 of the City of Chula Vista
(the "District"), and collected according to the Special Tax Liability determined by the
City of Chula Vista (the "City") through the application of the following procedures. All
of the property within the District, unless ot, h. erwise exempted by law or the express
provisions of the rate and method of apportionment expressed below, shall be taxed to
the extent and in the manner provided below.
All Parcels within the District are included within either Improvement Area A or
Improvement Area B. A map of the Improvement areas is included as Exhibit B.
All Special Taxes applicable to Parcels be coil;cted in the same manner and at the
same time as ordinary ad valorem property taxes, and Special Taxes so levied will be
subject to the same penalties and procedures, sale and lien priority in case of
delinquency as is provided for ad valorem taxes.
DEFINITIONS
Acre or Acreage means the area of a Parcel as shown on the latest maps of the
Assessor of the County of San Diego, .or if the area of such Parcel is not shown on
such Assessor's maps, the area as shown on a current recorded subdivision map,
parcel map, record of survey or:.other recorded document creating or describing the
Parcel. If the preceding maps are not available, the area shall be determined by the
City Engineer.
Administrative Expenses means thedirect and indirect expenses incurred by the City
in carryio'g out its duties with respect to the District (including, but not limited to, the
levy and collection of the special taxes) including the fees and expenses of its counsel,
any fees of the County related to the District or the collection of special taxes, an
allocable share of the salaries of City staff directly related thereto and a proportionate
amount of the City's general administrative overhead related thereto, any amounts paid
by the City from its general fund with respect to the District, and all other costs and
expenses of the City related to the District.
Building Square Foot or Square Footage means the square footage as shown on a
Parcel's building permit, excluding garages or other structures not used as living space.
City means the City of Chula Vista.
Resolution 19110
Page 6
Developed Parcel means Taxable Proper~y for which a foundation building permit or
other form of building permit has been issued as of March 1 of the preceding Fiscal
Year.
District means the Preserve Maintenance District Community Facilities District
No. 97-2 of the City of Chula Vista.
Final Map means a recorded Tract Map or Parcel Map.
Fiscal Year means the period starting on July 1 and ending the following June 30.
Improvement Area means one of the two specific areas as shown in Exhibit B.
Maximum Special Tax means the maximum special tax that can be levied within each
Improvement Area within CFD No. 97-2 by the City Council in any Fiscal Year for each
Parcel of Taxable Property.
Non-Residential Parcels shall include each Parcel within the District which is zoned
for other than Residential Uses by the City.
Non-Residential Uses shall include all Developed Parcels which are not zoned for
Residential Uses including commercial, industrial, and Community Public Facilities
(CPF).
Operating Fund means a fund that shall be maintained for each Improvement Area
within the District for any Fiscal Year to pay for Resource Monitoring and/or Preserve
Qperations and Maintenance activities and Administrative Expenses.
Operating Fund Balance means the amount of funds in the Operating Fund for each
Improvement Area at the end of the preceding Fiscal Year.
Operating Fund Requirement means for any Fiscal Year an amount for each
Improvement Area equal to the Resource Monitoring Fund Requirement and the
Preserve Operations and Maintenance Fund Requirement for the current Fiscal Year in
which Special Taxes are levied.
Parcel means any San Diego County Assessor's Parcel or portion thereof that is within
the boundaries of the District designated on a map of the San Diego County Assessor
and which has been assigned a discrete identifying number on the equalized tax rolls
of the County.
Preserve Operations and Maintenance means those activities defined in Part II A. of
the Special Tax Report dated Juty 1, 1998 for Community Facilities District No. 97-2 of
the City of Chula Vista. '
Resolution 19110
Page 7
Preserve Operations and Maintenance Fund Requirement means for any Fiscal
Year an amount equal to the budgeted costs for Preserve Operations and Maintenance
plus a pro-rata share of the budgeted Administrative Expenses of the District for the
current Fiscal Year in which Special Taxes are levied.
Residential Parcels shall include each Parcel within the District which is zoned for
Residential Uses by the City.
Residential Uses shall include those residential uses as permitted in the City zoning
ordinance.
Reserve Fund means a fund that shall be maintained for each Improvement Area to
provide necessary cash flow for the first six months of each Fiscal Year., working capital
to cover monitoring, maintenance and repair cost overruns and delinquencies that may
arise in connection with the collection of Special Taxes and a reasonable buffer against
large variations in annual special tax amounts.
Reserve Fund Balance means the amount of funds in the Reserve Fund at the end of
the preceding Fiscal Year.
Reserve Fund Requirement means an ~mount equal to up to 100% of the Operating
Fund Requirement for any Fiscal Year.
Resource Monitoring Program means those activities defined in Part II B. of the
Special Tax Report dated July 1, 1998 for Community Facilities District No. 97-2 of the
City of Chula Vista.
Resource Monitoring Fund Requirement means for any Fiscal Year an amount for
each Improvement Area equal to the Improvement Area's fair share of the budgeted
costs of the Resource Monitoring Program plus a pro rata share of the budgeted
Administrative Expenses of the District for the current Fiscal Year in which Special
Taxes are levied. An Improvement Area's '?air share" shall be based upon the
Improvement Area's percentage of the total acreage within the Otay Ranch General
Developr0ent Plan Planning Area for which a Resource Monitoring Program funding
· mechanism has been established.
Special Tax means the special tax or special taxes actually levied within CFD No. 97-
each Fiscal Year.
Special Tax Liability for any Fiscal Year is an amount sufficient to pay the costs of an
Improvement Area within the District .equal to: (i) the Resource Monitoring Fund
Requirement, and Preserve Operations and Maintenance Fund Requirement, less the
Operating Fund Balance, and (ii) the Reserve Fund Requirement, less the Reserve
Fund Balance.
Resolution 19110
Page 8
Tax Categories are those Categories I, II and III described in the body hereof.
Taxable Property is all real property or Parcels within the boundaries of the District
which are not exempt from the Special Tax pursuant to the law or which are not
classified or assigned to the Exempt Category as defined herein.
Cateaories of Special Taxes
Category I
Category I includes each Developed Parcel within the District. (Category I)
The Maximum Special Tax for Resource Monitoring, and Preserve Operations and
Maintenance that may be levied for Fiscal Year 1998199 on each Developed Parcel
shall be at the rates set forth in Table 1 below. For Residential Parcels the Special Tax
shall be levied based upon Building Square Footage and for Non-Residential Parcels
shall be levied based on Acreage. The Maximum Special Tax shall be increased or
decreased each Fiscal Year thereafter by a factor which is the lesser of the annual
percentage change in the January to January San Diego Metropolitan Area All Urban
Consumer Price index (All items) or the annual percentage change in the estimated
California Fourth Quarter Per Capita Personal Income as contained in the Governor's
budget published every January.
TABLE 1
Maximum Special Tax
Catego~ I
Resource Operation &
Monitoring Maintenance
Residential Parcels $0.0049 per sq. ff. $0.0078 per sq. ft.
Non-Residential Parcels $80.96 per Acre $128.53 per Acre
Category II
Category Il includes each Parcel of Taxable Property within the District for which a
Final Map has been recorded, but which is not classified as a Developed Parcel
(Category II).
The Maximum Special Tax for Resource Monitoring, and Preserve Operations and
Maintenance that may be levied for Fiscal Year 1998/99 on each Parcel in Cat&gory II
shall be as shown in Table 2 below (said amount to be levied pro rata for any portion of
an Acre). Said Maximum Special Tax shall be increased or decreased each Fiscal
Year thereafter by a factor which is the lesser of the annual percentage change in the
January to January San Diego Metropolitan Area All Urban Consumer Price index (All
items) or the annual percentage change in the estimated California Fourth Quarter Per
Resolution 19110
Page 9
Capita Personal Income as 'contained in the Governor's budget published every
January.
TABLE 2
Maximum Special Tax
Category II
Resource Operation &
Monitoring Maintenance
$80.g6 per Acre $128.53 per Acre
Category III
Category III includes each Parcel of Taxable Property within the District not subject to a
Special Tax under any other category ("Category Ill").
The Maximum Special Tax which may be levied for Fiscal Year 1998199 on Taxable
Property within Category III shall be as shown in Table 3 below (said amount to be
levied pro rata for any portion of an Acre). 'Said Maximum Special Tax shall be
increased or decreased each Fiscal Year thereafter by a factor which is the lesser of
the annual percentage change in the January to January San Diego Metropolitan Area
Ali Urban Consumer Price Index (All Items) or the annual percentage change in the
estimated California Fourth Quarter Per Capita Personal Income as contained in the
Govemor's budget published every January.
TABLE 3
Maximum Special Tax
Category III
Resource I Operation &
Monitoring Maintenance
$51.21 per Acre $81.30 per Acre
Exempt Category
The Exempt Category includes each property owned, conveyed or irrevocably offered
for dedication to a public agency, or land which is in the public right-of-way, unmanried
utility easements which make utilization for other than the purpose set forth in the
easement impractical, common areas, private streets and parks, and open space lots
("Exempt Category").
Ass qnment to Cateqories of Special Tax
On or about July 1 of each year, (but in any event in sufficient time to include the levy
of the Special Taxes on the County'S secured tax roll), the City shall assign each Parcel
within the District to. Category I, Category II, Category I11 or the Exempt Category.
Resolution 19110
Page 10
Parcels subject to levy shall be determined based upon the records of the San Diego
County Assessor.
.Lew and Apportionment of Special Taxe~
The City shall determine the Special Tax Liability for each improvement Area in each
Fiscal Year on or about every July' 1. SPecial Taxes shall then be levied on each
Parcel classified as the Category I, Category Il, or Category III in the following order of
priority:
Im_~.p_rovement Area A
Step 1: Determine the revenue which could be generated by Parcels assigned to
Category I by multiplying the Building Square Footage for Parcels classified as
Residential Parcels by the Maximum Special Tax per Building Square Foot for
Resource Monitoring, and Preserve Operations and Maintenance for Parcels
and adding to that the maximum revenue which could be generated by
multiplying the total acres for Parcels classified as Non-Residential Parcels by
the Maximum Special Tax per Acre for Resource Monitoring and Preserve
Operations and Maintenance.
Step 2: If the total revenue as calculated in Step 1 is greater than the estimated
Special Tax Liability for Improvement Area A, reduce the Special Tax for each
Parcel proportionately so that the Special Tax levy for the Fiscal Year is equal
to the Special Tax Liability for the Fiscal Year.
Step 3: If the total revenue as calculated in Step 1 is less than the Special Tax Liability
for Improvement Area A, a Special Tax shall be levied upon each Parcel within
Improvement Area A, classified as Category II. The Special Tax for Parcels
assigned to Category II shall be calculated as the lessor of:
(i) The 'Special Tax Liability for Improvement Area A as 'determined by the
City, less the total revenue generated for all Parcels under Step 1 above,
divided by the total Acres for all Parcels within Improvement Area A
assigned to Category II,
OR
(ii) the Maximum Special Tax rate for Pa~'cels assigned to Category II
Step 4: If the total revenue as calculated in Step 1 and 3 is less than the Special Tax
Liability, for Improvement Area A, a Special Tax shall be levied upon each
Parcel within Improvement Area A classified as Category II1. The Special Tax
for Parcels assigned to Category III shall be calculated as the lessor of:
Resolution 19110
Page 11
(i) The Special Tax. Uability for Improvement Area A as determined by the
City, less the total revenue generated for all Parcels under Step 1 and 3
above, divided by the total Acres for all Parcels within Improvement Area A
assigned to Category
OR
(ii) the Maximum Special Tax rate for Parcels assigned to Category III and
within Improvement Area A.
However, in the event it is determined that the Special Tax Liability for Improvement
Area A includes delinquent Special Taxes from Parcels in Category III from the prior
Fiscal Year, the City shall determine the amount of del nquent taxes that arose from
such Parcels and identify the owner(s). The amount of delinquent Special Taxes, if
any, .that arose from the applicable owner(s) shall first be divided by the total Category
III Acres owned by such owner(s) and collected from the applicable owner(s) with the
remaining portion of the Special Tax Liability not related to delinquent Special Taxes to
be collected from all Parcels in Category III according to the procedure set forth in the
preceding paragraph.
Im rovement Area B
Step 1: Determine the revenue which could be generated by Parcels assigned to
Improvement Area B for Resource Monitoring by multiplying the total Acres for
Parcels. assigned to Category III by the Maximum Special Tax for Category III.
Step 2: If the total revenue as calculated in Step 1 is greater than the Special Tax
Liability for Improvement Area B, reduce the Special Tax for each Parcel
proportionately so that the Special Tax levy for the Fiscal Year is equal to the
Special Tax Liability for Improvement Area B for the Fiscal Year.
Howe. ver, in the event it is determined that the Special Tax Liability for Improvement
Area B includes delinquent Special Taxes from Parcels in Cat~gory Ill from the prior
Fiscal Year, the City shall determine the amount of delinquent taxes that arose from
such Parcels and identify the owner(s). The amour~t of delinquent Special Taxes, if
any, that arose fr. Sm the applicable owner(s) shell first be divided by the total Category
III Acres owhed by such owner(s) and collected from the applicable owner(s) with the
remaining portion of the Special Tax Liability not related to delinquent Special Taxes to
be collected from all Parcels in Category III according to the procedure set forth in the
Step 1 and Step 2 above.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-2
(PRESERVE MAINTENANCE DISTRICT), DECLARING THE RESULTS
OF A SPECIAL ELECTION IN THAT AREA DESIGNATED AS
COMITY FACILITIES DISTRICT NO. 97-2 (PRESERVE
MAINTENANCE DISTRICT), IMPROVEMENT AREA "A", ANNEXATION
NO. 2 AND ADDING SUCH TERRITORY TO SUCH IMPROVEMENT AREA
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA
(the "City Council"), has previously undertaken proceedings to annex certain property to an
existing Community Facilities District pursuant to the terms and provisions of the "Mello-Roos
Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the
Government Code of the State of California (the "Act") and the City of Chula Vista
Community Facilities District Ordinance enacted pursuant to the powers reserved by the City
of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of
California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the
"Community Facilities District Law"). This Community Facilities District is referred to as
COMMUNITY FACILITIES DISTRICT NO. 97-2 (OTAY RANCH SPA ONE - VILLAGE
ONE WEST) (the "District") and the annexed area is referred to as COMITY
FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT),
IMPROVEMENT AREA "A", ANNEXATION NO. 2 (the "Annexation Area"); and,
WHEREAS, this City Council did call for and order to be held an election to submit to
the qualified electors of the Annexation Area a proposition relating to the levy of special taxes
within the Annexation Area; and,
WHEREAS, at this time said election has been held and the measures voted upon and
each such measure did receive the favorable 2/3's vote of the qualified electors, and this City
Council desires to declare the results of the election in accordance with the provisions of the
Elections Code of the State of California and to order that the Annexation Area be added to
Improvement Area "A."
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), DOES HEREBY
RESOLVE, DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. This City Council hereby receives and approves the CERTIFICATE OF
ELECTION OFFICIAL AND STATEMENT OF VOTES CAST, as submitted by the City
Clerk, acting in her capacity as the Election official, said Statement setting forth the number of
votes cast in the election, the measures voted upon, and the number of votes given for and/or
against the measures voted upon. A copy of said Certificate and Statement is attached hereto,
marked Exhibit "A", referenced and so incorporated.
SECTION 3. The City Clerk is hereby directed, pursuant to the provisions of the
Elections Code of the State of California, to enter in the minutes the results of the election as
set forth in said STATEMENT OF VOTES CAST.
SECTION 4. This City Council does hereby determine and declare that the Annexation
Area is now added to and becomes a part of Improvement Area "A" of the District. The City
Council hereby further determines that the City Council is now authorized to levy the special
taxes within the Annexation Area as approved and authorized by the qualified electors of the
Annexation Area.
PREPARED BY: APPROVED AS TO FORM BY:
John P. Lippitt John Kaheny t/
Director of Public Works City Attorney
EXHIBIT "A"
CERTIFICATE OF ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
The undersigned, ELECTION OFFICIAL OF THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of
Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the
Elections Code of the State of California, I did canvass the returns of the votes cast at the
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 97-2
(PRESERVE MAINTENANCE DISTRICT)
IMPROVEMENT AREA "A"
ANNEXATION AREA NO. 2
SPECIAL ELECTION
in said City, held November 12, 2002.
I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in
said District in said City, and the whole number of votes cast for the Measures in said District in said
City, and the totals of the respective colunms and the totals as shown for the Measures are full, true
and correct.
I. TOTAL NUMBER OF VOTES CAST:
II. VOTES CAST ON PROPOSITION A: YES
NO
WITNESS my hand and Official Seal this day of ,2002.
CITY CLERK
ELECTION OFFICIAL
CITY OF CHULA VISTA
STATE OF CALIFORNIA
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), MAKING
CERTAIN DETERMINATIONS AND AUTHORIZING SUBMITTAL OF LEVY OF
SPECIAL TAXES TO THE QUALIFIED ELECTORS OF CERTAIN TERRITORY
PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 97-2
(PRESERVE MAINTENANCE)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA. CALIFORNIA (the "City
Council"), has previously declared its intention and held and conducted proceedings relating to the
annexation of territory to an improvement area in an existing community facilities district pursuant to the
terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1,
Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof
(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"). The existing Community Facilities District has been designated as
COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) (the
"District") and the improvement area has been designated as IMPROVEMENT AREA "A" ("Improvement
Area 'A'"); and,
WHEREAS, notice of a public hearing relating to the annexation of territory to Improvement Area
"A", the extent of the territory to be annexed, the furnishing of certain public services and all other related
matters has been given; and,
WHEREAS, the area proposed to be annexed is known and designated as COMMUNITY
FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), IMPROVEMENT AREA
"A", ANNEXATION NO. 2 (the "Annexation Area"); and,
WHEREAS, it has now been determined that written protests have not been received by 50% or more
of the registered voters residing either within the Annexation Area or Improvement Area "A" and/or
property owners representing more than one-half(I/2) or more of the area of land within the Annexed Area
or within Improvement Area "A"; and,
WHEREAS, inasmuch as there have been less than twelve (12) persons registered to vote within the
Annexation Area for each of the 90 preceding days, this legislative body desires to submit the levy of the
required special tax to the landowners of the Annexation Area, said landowners being the qualified electors
as authorized by law.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. RECITALS The above recitals are all true and correct.
SECTION 2. DETERMINATIONS It is determined by this City Council that:
A. all proceedings prior hereto were valid and taken in conformity with the requirements of law, and
specifically the provisions of the Community Facilities District Law, and this finding is made
pursuant to the provisions and authorization of Section 53325.1 of the Government Code of the State
of California;
B. the annexation of the Annexation Area to Improvement Area "A" as proposed conforms with the
City of Chula Vista Statement of Goals and Policies Regarding the Establishment of Community
Facilities Districts;
C. less than twelve (12) registered voters have resided within the Annexation Area for each of the
ninety (90) days preceding the close of the public hearing and, consequently, the qualified electors
shall be the landowners of the Annexation Area and each landowner who is the owner of record as of
the close of the public hearing, or the authorized representative thereof, shall have one vote for each
acre or portion of an acre of land that she or he owns within the Annexation Area;
D. the time limit specified by the Community Facilities District Law for conducting an election to
submit the levy of the special taxes to the qualified electors of the Annexation Area and the
requirements for impartial analysis and ballot arguments have been waived with the unanimous
consent of the qualified electors of the Annexation Area;
E. the City Clerk, acting as the election official, has consented to conducting any required election on a
date which is less than 125 days following the adoption of any resolution annexing the Annexation
Area to the District; and
F. the public services proposed to be financed from the proceeds of special taxes to be levied within the
Annexation Area are necessary to meet increased demands placed upon the City as a result of
development and/or rehabilitation occurring in the Annexation Area.
SECTION 3. BOUNDARIES OF ANNEXED AREA The boundaries and parcels of land the
Annexation Area and in which the public services are to be provided and on which special taxes will be
levied in order to pay the costs and expenses for such public services are generally described as follows:
All that property and territory proposed to be annexed to Improvement Area "A" of the
District, as said property is shown on a map as previously approved by this legislative body,
said map designated by the number of the annexation and the name of the District and
Improvement Area "A," a copy of which is on file in the Office of the City Clerk and shall
2
remain open for public inspection.
SECTION 4. DESCRIPTION OF SERVICES The services that are authorized to be financed
from the proceeds of special taxes levied within Improvement Area "A" of the District are certain
services which are in addition to those services provided in or required for the territory within
Improvement Area "A" and will not be replacing services already available. A general description of the
services authorized to be financed by Improvement Area "A" is as follows:
The monitoring, maintenance, operation and management of public
property in which the City has a property interest and which conforms to
the requirements of the Ordinance or private property within the Otay
Ranch Preserve which is required by the Preserve Owner/Manager to be
maintained as open space or for habitat maintenance or both. Such property
may be located outside the boundaries of the District and outside the
jurisdictional boundaries of the City of Chula Vista. Such services shall not
include the maintenance, operation and/or management of any property
owned, maintained, operated and/or managed by the federal and/or state
government as open space, habitat maintenance and/or for any other
purpose.
The District shall finance all direct, administrative and incidental annual costs and expenses
necessary to provide such monitoring, maintenance, operation and management of such public property.
The same types of services which are authorized to be financed by the District from the proceeds
of special taxes levied within Improvement Area "A" are the types of services to be provided in the
Annexation Area. If and to the extent possible such services shall be provided in common with
Improvement Area "A" and the Annexation Area.
SECTION 5. SPECIAL TAX Except where funds are otherwise available, a special tax sufficient
to pay for such services to be provided in the Annexation Area, secured by recordation ora continuing lien
against all non-exempt real property in the Annexation Area will be levied annually within the boundaries of
the Annexation Area. For particulars as to the rate and method of apportionment of the proposed special tax,
reference is made to the attached and incorporated Exhibit "A" which sets forth in sufficient detail the
method of apportionment to allow each landowner or resident within the Annexation Area to clearly estimate
the maximum amount of the special tax that such person will have to pay.
The special taxes shall be collected in the same manner as ad valorem property taxes and shall be
subject to the same penalties, procedure, sale and lien priority in any case of delinquency, as applicable for
ad valorem taxes; however, as applicable, this City Council may, by resolution, establish and adopt an
altema~:e or supplemental procedure as necessary. Any special taxes that may not be collected on the County
tax roll shall be collected through a direct billing procedure by the Treasurer of the City of Chula Vista,
acting for and on behalf of the District.
SECTION 6. ELECTION The proposition related to the levy ofthe special tax ~hall be submitted to
the qualified electors of the Annexation Area, said electors being the landowners, with each landowner
having .one (1) vote for each acre or portion thereof of land which he or she owns within said annexed
territory. The special election shall be held on November 12, 2002, and said election shall be a special
election to be conducted by the City Clerk (hereinafter "Election Official"). If the proposition for the levy of
the special tax receives the approval of more than two-thirds (2/3) of the votes cast on the proposition, the
special tax may be levied as provided for in this Resolution.
SECTION 7. BALLOT The ballot proposal to be submitted to the qualified voters at the election
shall generally be as follows:
PROPOSITION A
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 97-2,
IMPROVEMENT AREA "A," ANNEXATION NO. 2
AUTHORIZATION FOR SPECIAL TAX LEVY
Shall Community Facilities District No. 97-2 (Preserve Maintenance District) of the City of
Chula Vista be authorized to levy special taxes within the territory identified as Annexation
No. 2 to Improvement Area "A" of such District pursuant to the rate and method of
apportionment of special taxes (the "Special Tax Formula") set forth in Resolution No.
to finance the authorized services and administrative expenses and to fund and replenish a
reserve fund, all as provided for in the Special Tax Formula?
SECTION 8. VOTE The appropriate mark placed in the line before the word "YES" shall be
counted in favor of the adoption of the proposition, and the appropriate mark placed in the line before the
word "NO" in the manner as authorized, shall be counted against the adoption of said proposition.
SECTION 9. ELECTION PROCEDURE This City Council hereby authorizes the Election Official
to take any and all steps necessary for the holding of said election and ratifies any such steps previously
taken by such Election Official which were necessary for the holding of such election. Said Election Official
shall perform andrender all services and proceedings incidental to and connected with the conduct of said
election, and said services shall include, but not be limited to the following:
A. Prepare and furnish to the election officers necessary election supplies for the conduct of the
election.
B. Cause to be printed the requisite number of official ballots, tally sheets and other necessary
forms.
C. Furnish and address official ballots for the qualified electors of the Community Facilities
District.
4
D. Cause the official ballots to be mailed and/or delivered, as required by law.
E. Receive the returns of the election.
F. Sort and assemble the election material and supplies in preparation for the canvassing of the
returns.
G. Canvass the returns of the election.
H. Fumish a tabulation of the number of votes given in the election.
I. Make all arrangements and take the necessary steps to pay all costs of the election incurred
as a result of services performed by the District and pay costs and expenses of all election
officials.
J. Conduct and handle all other matters relating to the proceedings and conduct of the election
in the manner and form as required by law.
PREPARED BY: APPROVED AS TO FORM BY:
John P. Lippitt John Kaheny
Director of Public Works City Attorney
Resolution 19110
Page 5
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT
ANNUAL TAX
A Special Tax shall be levied annually on each Parcel of land within the Preserve
Maintenance District, Community Facilities District No. 9?-2 of the City of Chula Vista
(the "District"), and collected according to the Special Tax Liability determined by the
City of Chula Vista (the ~City") through the application of the following procedures. All
of the property within the District, untess otherwise exempted by law or the express
provisions of the rate and method of apporti~r~ment expressed below, shall be taxed to
the extent and in the manner provided below.
All Parcels within the District are included within either Improvement Area A or
Improvement Area B. A map of the Improvement areas is included as Exhibit B.
Ail Spec. ia[ Taxes applicable to Parcels be collected in the same manner and at the
same time as ordinary ad valorem property taxes, and Special Taxes so levied will be
subject to the same penalties and procedures, sale and lien priority in case of
delinquency as is provided for ad valorem taxes.
DEFINITIONS
Acre or Acreage means the area of a Parcel as shown on the latest maps of the
Assessor of the County of San Diego, or if the area of such Parcel is not shown on
such Assessor's maps, the area as shown on a current recorded subdivision map,
parcel map, record of survey Dr other recorded document creating or describing the
Parcel. If the preceding maps are not available, the area shall be determined by the
City Engineer.
Administrative Expenses means the direct and indirect expenses incurred by the City
in carrying out its duties with respect to the District (including, but not limited to, the
levy and collection of the special taxes) including the fees and expenses of its counsel,
any fees of the County related to the District or the collection of special taxes, an
allocable share of the salaries of City staff directly related thereto and a proportionate
amount of the City's general administrative overhead related thereto, any amounts paid
by the City from its general fund with respect to the District, and all other costs and
expenses of the City related to the District.
Building Square Foot or Square Footage means the square footage as shown on a
Parcel's building permit, excluding garages or other structures not used as living space.
City means the City of Chula Vista.
Resolution 19110
Page 6
Developed Parcel means Taxable Propeft~ for which e foundation building permit ~r
other form of building permit ha~; been issued as of March 1 of the preceding Fiscal
Year.
District means the Preserve Maintenance District Community Facilities District
No. 97-2 of the City of Chula Vista.
Final Map means a recorded Tract Map or Parcel Map.
Fiscal Year means the period starting on July 1 and ending the following June 30.
Improvement Area means one of the two specific areas es shown in Exhibit B.
Maximum Special Tax means the maximum special tax that can be levied within each
Improvement Area within CFD No. 97-2 by the City Council in any Fiscal Year for each
Parcel of Taxable Property.
Non-Residential Parcels shall include each Parcel within the District which is zoned
for other than Residential Uses by the City.
Non-Residential Uses shall include all Developed Parcels which are not zoned for
Residential Uses including commercial, industrial, and Community Public Facilities
(CPF).
Operating' Fund means a fund that shall be maintained for each Improvement Area
within the District for any Fiscal Year to pay for Resource Monitoring and/or Preserve
Operations and Maintenance activities and Administrative Expenses.
Operating Fund Balance means the amount of funds in the Operating Fund for each
Improvement Area at the end of the preceding Fiscal Year.
Operating Fund Requirement means for any Fiscal Year an amount for each
improvement Area equal to the Resource Monitoring Fund Requirement and the
Preserve Operations and Maintenance Fund Requirement for the current Fiscal Year in
which Special Taxes are levied.
Pa~"cel means any San Diego County Assessor's Parcel or portion thereof that is within
the boundaries of the District designated on a map of the San Diego County Assessor
and which has been assigned a discrete identifying number on the equalized tax rolls
of the County.
Preserve Operations and Maintenance means those activities defined in Par[ II A. of
the Special Tax Report dated July 1, 1998 for' Community Facilities District No. 97-2 of
the City of Chula Vista. --.
Resolution 19110
Page 7
Preserve Operations and MaintenanCe Fund Requirement means for any Fiscal
Year an amount equal to the budgeted costs for Preserve Operations and Ivlaintenance
plus a pro-rata share of the budge, ted Administrative Expenses of the District for the
current Fiscal Year in which Special Taxes are levied.
Residential Parcels shall include each Parcel within the District which is zoned for
Residential Uses by the City.
Residential Uses shall include those residential uses as permitted in the City zoning
ordinance.
Reserve Fund means a fund that shal! be maintained for each Improvement Area to
provide necessary cash flow for the first six months of each Fiscal Year, working capital
to cover monitoring, maintenance and repair cost overruns and delinquencies that may
arise in connection with the collection of Special Taxes and a reasonable buffer against
large variations in annual special tax amounts.
Reserve Fund Balance means the amount of funds in the Reserve Fund at the end of
the preceding Fiscal Year.
Reserve Fund Requirement means an ~mount equal to up to 100% of the Operating
Fund Requirement for any Fiscal Year.
Resource Monitoring Program means those activities defined in Part II B. of the
Special Tax Report dated July 1, 1995 for Community Facilities District No. 97-2 of the
City of Chuta Vista.
Resource Monitoring Fund Requirement means for any Fiscal Year an amount for
each improvement Area equal to the Improvement Area's fair share of the budgeted
costs of the Resource Monitoring Program plus a pro rata share of the budgeted
Administrative Expenses of the District for the current Fiscal Year in which Special
Taxes are levied. An Improvement Area's '~air share" shall be based'upon the
Improvement Area's percentage of the total acreage within the Otay Ranch General
Development Plan Planning Area for which a Resource Monitoring Program funding
' mechanism has been established.
Special Tax means the special tax or special taxes actually levied within CFD No. 97-
each Fiscal Year.
Special Tax Liability for any Fiscal Year is an amount sufficient to pay the costs of an
Improvement Area within the District equal to: (i) the Resource Monitoring Fund
Requirement, and Preserve Operations and Maintenance Fund Requirement, less the
Operating Fund Balance, and (ii) the Reserve Fund Requirement, less the Reserve
Fund Balance.
Resolution 1 9110
Page 8
Tax Categories are those Categories I, II a~nd III described in the body hereof.
Taxable Property is all real property or Parcels within the boundaries of the District
which are not exempt from the Special Tax pursuant to the Jaw or which are not
classified or assigned to the Exempt Category as defined herein.
.Catedories of Special Taxes
Category I
Category I includes each Developed Parcel within the District. (Category I)
The Maximum Special Tax for Resource Monitoring, and Preserve Operations and
Maintenance that may be levied for Fiscal Year 1998199 on each Developed Parcel
shall be at the rates set forth in Table 1 below. For Residential Parcels the Special Tax
shall be levied based upon Building Square Footage and for Non-Residential Parcels
shall be levied based on Acreage. The Maximum Special Tax shall be increased or
· decreased each Fiscal Year thereafter by a factor which is the lesser of the annual
percentage change in the January to January San Diego Metropolitan Area All Urban
Consumer Pdce Index (All Items) or the annual percentage change in the estimated
California Fourth Quarter Per Capita Personal Income as contained in the Governor's
budget published every January.
TABLE 1
Maximum Special Tax
Category I
Resource Operation &
Monitoring Maintenance
Residential Parcels SD.gO49 per sq. ft. $0.D078 per sq. ft.
Non-Residential Parcels $80.96 per Acre $128.53 per Acre
Category II
Category II includes each Parcel of Taxable Property within the District for which a
Final Map has been recorded, but which is not classified as a Developed Parcel
(Category
The Maximum Special Tax for Resource Monitoring, and Preserve Operations and
Maintenance that may be levied for Fiscal Year 1998/99 on each Parcel in Cat&gory
shall be as shown in Table 2 below (said amount to be levied pro rata for any portion of
an Acre). Said Maximum Special Tax shall be increased or decreased each Fiscal
Year thereafter by a factor which is the lesser of the annual percentage change in the
January to January San Diego Metropolitan Area All Urban Consumer Price Index (All
Items) or the annual percentage change in the estimated California Foudh Quarter Per
Resolution 1 9110
Page 9
Capita Personal Income as 'contained in the Governor's budget )ublished every
January.
TABLE 2
Maximum Special Tax
Category
Resource Operation &
Monitoring Maintenance
$80.96 per Acre $128.53 per Acre
Category III
Category III includes each Parcel of Taxable Property within the District not subject to a
Special Tax under any other category ("Category II1").
The Maximum Special Tax which may be levied for Fiscal Year 1998/99 on Taxable
Property within Category III shall be as shown in Table 3 below (said amount to be
levied pro rata for any portion of an Acre). 'Said Maximum Special Tax shall be
increased or decreased each Fiscal Year thereafter by a factor which is the lesser of
the annuat percentage change in the January to January San Diego Metropolitan Area
All Urban Consumer Price index (All Items) or the annual percentage change in the
estimated California Fourth Quarter Per Capita Personal income as contained in the
Governor's budget published every January.
TABLE 3
Maximum Special Tax
Category III
Resource Operation &
Monitoring Maintenance
$51.21 per Acre SBI.3D per Acre
Exempt Category
The Exempt Category includes each property owned, conveyed or irrevocably offered
for dedication to a public agency, or land which is in the public right-of-way, unmanned
utility easements which make utilization for other than the purpose set forth in the
easement impractical, common areas, private streets and parks, and open space lots
("Exempt Category").
Assinnment to Cateaories of Special Tax
On or about July 1 of each year, (but in any event in sufficient time to include the levy
of the Special Taxes on the County's secured tax roll), the City shall assign each Parcel
within the District to-Category I, Category il, Category III or the Exempt Category.
Resolution 191 10 -'
Page 10
Parcels subject to levy shall be determined based upon the records of the San Diego
County Assessor.
L_ew and Apportionment of Special Taxe,~
The City shall determine the Special Tax Liability for each improvement Area in each
Fiscal Year on or about every July'l. Special Taxes shall then be levied on each
Parcel classified as the Category I, Category II, or Category III in the following order of
priority:
im._~_D_E.ovement Area A
Step 1: Determine the revenue which could be generated by Parcels assigned to
Category I by multiplying the Building Square Footage for Parcels classified as
Residential Parcels by the Maximum Special Tax per Building Square Foot for
Resource Monitoring, and Preserve Operations and Maintenance for Parcels
and adding to that the maximum revenue which could be generated by
multiplying the total acres for Parcels classified as Non-Residential Parcels by
the Maximum Special Tax per Acre for Resource Monitoring and Preserve
Operations and Maintenance.
Step 2: If the total revenue as calculated in Step 1 is greater than the estimated
Special Tax Liability for Improvement Area A, reduce the Special Tax for each
Parcel proportionately so that the Special Tax levy for the Fiscal Year is equal
to the Special Tax Liability for the Fiscal Year.
Step 3: If the total revenue as calculated in Step I is less than the Special Tax Liability
for improvement Area A, a Special Tax shall be levied upon each Parcel within
Improvement Area A, classified as Category, II. The Special Tax for Parcels
assigned to Category Il shall be calculated as the lessor of:
(i) The Special Tax Liability for Improvement Area A as '~[etermined by the
City, less the total revenue generated for all Parcels under Step 1 above,
divided by the total Acres for all Parcels within Improvement Area A
assigned to Category II,
OR
(ii) the Maximum Special Tax rate for Parcels assigned to Category II
Step 4: If the total revenue as calculated in Step 1 and 3 is less than the Special Tax
Liability, for Improvement Area A, a Special Tax shall be levied upon each
Parcel within Improvement Area A classified as Category III. The Special Tax
for Parcels assigned to Category III shall be calculated as the lessor of:
~,, ~ Resolution 19110
Page 11
(il The Special Tax.Liability for Improvement Area A as determined by the
City, less the total revenue generated for all Parcels under Step I and 3
above, divided by the total Acres for all Parcels within Improvement Area A
assigned to Category II1,
OR
(ii) the Maximum Special Tax rate for Parcels assigned to Category III and
within Improvement Area A.
However, in the event it is determined that the Special Tax Liability for Improvement
Area A includes delinquent Special Taxes from Parcels in Category III from the prior
Fiscal Year, the City shall determine the amount of delinquent taxes that arose from
such Parcels and identify the owner(s). The amount of delinquent Special Taxes, if
any, .that arose from the applicable owner(s) shall first be divided by the total Category
III Acres owned by such owner(s) and collected from the applicable owner(s) with the
remaining portion of the Special Tax Liability not related tn delinquent Special Taxes to
be collected from all Parcels in Category III according to the procedure set forth in the
preceding paragraph.
Improvement Area B
Step 1: Determine the revenue which could be generated by Parcels assigned to
Improvement Area B for Resource Monitoring by multiplying the total Acres for
Parcels.assigned to Category III by the Maximum Special Tax for Category
Step 2: If the total revenue as calculated in Step 1 is greater than the Special Tax
Liability for Improvement' Area B, reduce the Special Tax for each Parcel
proportionately so that the Special Tax levy for the Fiscal Year is equal to the
Special Tax Liability for Improvement Area B for the Fiscal Year.
However, in the event it is determined that the Special Tax Liability for Improvement
Area B includes delinquent Special Taxes from Parcels in Cat~gory III from the prior
Fiscal Year, the City shall determine the amount of delinquent taxes that arose from
such Parcels and identify the owner(s). The amount of delinquent Special Taxes, if
any, that arose from the applicable owner(s) shall first be divided by the total Category
III Acres owhed by such owner(s) and collected from the applicable owner(s) with the
remaining portion of the Special Tax Liability not related to delinquent Special Taxes to
be collected from all Parcels in Category III according to the procedure set forth in the
Step 1 and Step 2 above.
COUNCIL AGENDA STATEMENT
Item
Meeting Date 11/12/02
ITEM T1TLE: Resolution Approving the Final "B" Maps of Chula Vista
Tract No. 02-03, McMillin Otay Ranch Village Six, R-l, R-3, R-4 and R-6.
Accepting on behalf of the City of Cbula Vista, the easements granted on said
Map within said Subdivisions, Accepting on behalf of the public various streets
and alleys, approving the Subdivision Improvement Agreements for the
completion of improvements required by said subdivisions, and authorizing the
Mayor to execute said Agreements.
Resolution Approving the Final "B" Map Supplemental
Subdivision Improvement Agreement for Chula Vista Tract No. 02-03,
McMillin Otay Ranch Village 6 R-l, R-3, R-4 and R-6, and authorizing the
Mayor to Execute Said Agreement.
SUBMITTED BY: Director of Public Works,~
REVIEWED BY: ~lry~vianager ~ ~, (4/5ths Vote: Yes No X
On February 26, 2002 by Resolution No. 2002-060, the City Council approved a Tentative Subdivision
Map for Chula Vista Tract 02-03, McMillin Otay Ranch Village 6. On August 27, 2002, by Resolution
No. 2002-347, the City Council approved a Final Map for Chula Vista Tract No. 02-03, McMillin Otay
Ranch Village Six "A" Map. Tonight, Council will consider the approval of four Final "B" Maps
within McMillin Otay Ranch Village Six, four Subdivision Improvement Agreements and the
Supplemental Subdivision Improvement Agreement for McMillin Otay Ranch Village Six R-l, R-3, R-
4 and R-6.
RECOMMENDATION: That Council adopt the following:
1. Resolution approving the Final "B" Maps and Subdivision Improvement Agreements for
McMillin Otay Ranch Village Six R-l, R-3, R-4 and R-6.
2. Resolution approving the Supplemental Subdivision Improvement Agreement for McMillin
Otay Ranch Village Six R-l, R-3, R-4 and R-6.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION:
The project is generally located south of Olympic Parkway and East of La Media Road within the Otay
Ranch Village 6 SPA area. The Final Map for R-1 consists of 101 numbered lots and 7 lettered lots
with a total area of 31.339 acres (see Exhibit 1). The Final Map for R-3 consists of 163 numbered lots
and 12 lettered lots with a total area of 38.886 acres (see Exhibit 2). The Final Maps for R-4 consists of
Page 2, Item __
Meeting Date 11/12/02
92 numbered lots and 3 lettered lots with a total area of 20.456 acres (see Exhibit 3). The Final Map for
R-6 consists of 126 numbered lots and 9 lettered lots with a total area of 20.641 acres (see Exhibit 4).
The final maps have been reviewed by the Public Works Department and found to be in substantial
conformance with the approved Tentative Map. Approval of the maps constitutes acceptance by the
City of all easements within the Subdivision as shown on the map.
The Developer has executed four Subdivision Improvement Agreements, which address the
improvements related to each Map. The Developer has also executed a Supplemental Subdivision
Improvement Agreement (SSIA) addressing on-going conditions of approval that will remain in effect
and run with the land for all four maps. Staff has reviewed said Agreements and determined that they
satisfy all the applicable tentative map conditions for final map approval and recommends Council
approval.
The Developer has bonded for and agrees to complete all on and off-site street improvements required
for the approval of these Maps within two years following map approval, or sooner if construction
permits for the required improvements ha~e been issued.
The City Council has adopted a resolution approving the new Park Acquisition and Development Fees.
The Developer has paid its share of the updated PAD fees and has agreed to provide an Irrevocable
Offer of Dedication of Fee Interest or pay PAD fees, at the discretion of the Director Building and Park
Construction, for its portion of the land acquisition obligation for community parks.
These maps have a preserve conveyance obligation, which is met through a conveyance of open space
land.
Envirormaental
The Environmental Review Coordinator has reviewed the proposed project for compliance with the
California EnvirorLmental Quality Act and has determined that the proposed project was adequately
covered in previously adopted Otay Ranch Village Six Sectional Planning Area Plan Final Second
Tier Environmental Impact Report (EIR 98-01). Thus, no further environmental review or
documentation is necessary.
FISCAL IMPACT: None to the City. Developer has paid all costs associated with the proposed "B"
Maps and the Agreements.
Exhibits and Attachments:
Exhibit I: Plat - Chula Vista Tract 02:03. McMillin Otay Ranch, Village Six R-I Map.
Exhibit 2: Plat - Chula Visla Tract 02-03, McMillin Otay Ranch, Village Six R-3 Map
Exhibit 3: Plat - Chula Vista Tract 02-03, McMillin Otay Ranch, Village Six R-4 Map
Exhibit 4: Plat -Chula Vista Tract 02-03, McMillin Otay Ranch, Village Six R-6 Map
Exhibit 5: Developer's Disclosure Statement
A~Xachment A: Village Six R-1 SIA
Attachment B: Village Six R-3 SIA
Attachment C: Village Six R4 SIA
Attachment D: Village Six R-6 SIA
Attachment E: Village Six R-I, R-3, R-4 and R~6 SSIA.
J:\Engineer\LANDDEV\Projects\McMillin Otay Ranch\Village 6~OR412F\OR410123FAI13 FINAL.DOC
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PROJECT NUMBER,, J-1 3715M/H
DATE, OCTOBER 1,
McMILLIN OTA Y RANCH
VILLAGE 6
LOT "A'
~ ~ ~ I- WAY
~ FUTURE I~cMILLIN
z )TAY RANCH
~" VILLAGE 6
LOT 2 OF
MAP NO,
FUTURE McMILLIN
OTAY RANCH
VILLAGE 6
LOT 5 OF
MAP NO.
-- LOT 'K"
VENETIA -- LOT'J STREET
PROJECT NUMBERs J-1
DATE, OCTOBER 1, 2002
McMILLIN OTA Y RANCH
VILL4GE 6
mc~ NEIGHBORHOOD (R-3)
EXHIBIT~
OTAY RANCH VILLAGE
?AROEL 2
LDT 3
PM J
' A' MAP I
LOT"B' PM J 8789
LOT "C'
PROJECT NUMBER~ J-13715M
DATE= OCTOBER 29, 2002
McMILLIN OTA Y RANCH
· - VILL4GE 6
_~ ~ NEIGHBORHOOD (R-4)
F~'HIBIT 4 Ir'"
OTAY RANCH VILLAGE B
PARCEL ] PARCEL 2
PM 13789 OF PARCEL MAP ND. 13739
MAGDALENA AVENUE
DTAY RANCH VILLAGE
GLENWOOD SPRIN_GS AVEN_UE LDT '7
"A" MAP 14432
(~ LOT 'D'
;3 LOT I~'
~3 ....{ --r HUNTERS GLEN AVENUE
k
t'rl
HUNTERS POINTE AVENUE
LOT'I"
BEDFORD AVENUE
OTAY RANCH VILLAGE $
j LOT l]~ PARI3EL 2
OF PARCEL MAP NO. J343J
SCALE: 1"=200'
PROJECT NUMBER, J-13715M
DATE= OCTOBER 29, ZOO2
McMILLIN OTA Y RANCH
VIE. Ji GE 6
~.m~ NEIGHBORHOOD (R-6)
EXHIBIT~.-~
THE CITY OF CHULA VISTA DISCLOSURE STATEIvlENT
Pursuant to Council Policy 101-01, prior to any action upon matters which will require discretionary action
hy the Council, Planning Commission and all other official bodies of the City, a statement o£discJosure o£
ce~aln ownership or financial intere~s, payments, or campaign contributions for a City of ChHa Vista
election must be fried. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
McMillin Otay Ranch, LLC
2. If any person* identified pursuant to (1) above ~ a co~oration or partnership, list the names of all
individu~s with a $1000 investmem ~ the busings (co~ormion/parmership) entity.
Merced Partners Limited Partnership, a Delaware Limited Partnership
McMIllin Companies, LLC, a Delaware Limited Liability Company
3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of
any person serving as director of ~he non-profit organization or as trustee or beneficiary or trustor of the
trust
N/A
4. Please idenfi~ eve~ person, ~cluding any agents, employees, consHtan~, or ~dependent
contractors you have assigned to represem you he.re the Ci~ in t~s matter.
Bob Pletcher Frank Zaidle
Ken BaumKartner Denny Cuccarese
Kelly Thene
5. Has any person* associated wi~h tbSs eonlract had any financial deahngs w~th an official of the
City of Chula Vista as it relates to this contra~t within the past 12 months? Yes No X
If Yes, briefly describe the nature of the financial imerest the official** may have in this contract.
6. Have you made a contribminn of more than $250 within the past twelve (12) months to a current
member of the Chula Vista Cily Council? Yes .No X If Yes, which Council member?
7. Have you or any member of your governing board (i.e. Corporate Board of Directors/Executives,
non-profit Board of Directors made contributions totaling more than $1,000 over the past four (4) years to a
current member of the Chula V~a City Council? Yes No ~( _ If Yes, which Council member?
8. Have you provided more than $300 (or an item of equivalent value) to an official** of the City of
Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal
debt, gifr~ loan, etc.) Yes X ]qo __ If Yes, wlxich official** and what was the nature of ilem
provided?
Signature of Contracfo//Applicant
Print or ~ype name of Contractor/Applicant
* Person is defined as: any individual, firm, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality,
d~stri~ or other political subdivision, -or any other group or combination acting as a unit.
** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member
of a board, commission, ar committee of the City, employee, or staff members.
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FINAL "B" MAPS OF
CHULA VISTA TRACT NO. 02-03, MCMILLIN OTAY
RANCH VILLAGE SIX, R-l, R-3, R-4 AND R-6. ACCEPTING
ON BEHALF OF THE CITY OF CHULA VISTA, THE
EASEMENTS GRANTED ON SAID MAP WITHIN SAID
SUBDIVISIONS, ACCEPTING ON BEHALF OF THE PUBLIC
VARIOUS STREETS AND ALLEYS, APPROVING THE
SUBDIVISION IMPROVEMENT AGREEMENTS FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISIONS, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENTS
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby finds that that certain map survey entitled Chula Vista Tract No. 02-03, McMillin
Otay Ranch Village 6, R-l, particularly described as follows:
Being a subdivision of Lot 1 of McMillin Otay Ranch Village 6 "A" Map, Map No.
14432, in the City of Chula Vista, County of San Diego, State of California, Filed in the
Office of the County Recorder of San Diego County:
Area: 31.339 Acres No. of Lots: 108
Numbered Lots: 101 Lettered Lots: 7
is made in the manner and form prescribed by law and conforms to the surrounding surveys; and
that said map and subdivision of land shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public
the public streets, to-wit: Edgehill Drive, View Park Way, Windchime Avenue, Heatherwood
Avenue and Woodwind Street, and said streets are hereby declared to be public streets and
dedicated to the public use all as shown on said map within said subdivision.
BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of
Chula Vista the 2 foot wall maintenance and access and the irrevocable general utility and access
easements, all as shown on McMillin Otay Ranch Village 6, R-1 map within said subdivision.
BE IT FURTHER RESOLVED that said Council hereby acknowledges on behalf of the
City of Chula Vista th~ Irrevocable Offer of Dedication of Fee Interest of Lots "A", "B", "C",
"D", "E", "F" and "G" for open space and other public purposes all as shown on McMillin Otay
Ranch Village 6, R-1 map Within said subdivision.
BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby
authorized and directed to endorse upon said map the action of said Council; that said Council
has approved said subdivision map, and that said public streets are accepted on behalf of the
public as therefore stated and that the Irrevocable Offer of Dedication of the fee interest of said
lots be acknowledged, and that those certain easements as granted on McMillin Otay Ranch
Village 6, R-I map within said subdivision are accepted on behalf of the City of Chula Vista as
her~inabove stated.
BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement
dated November 12, 2002, for the completion of improvements in said subdivision, a copy of
which is on file in the Office of the City Clerk is hereby approved.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said
map to the Clerk of the Board of Supervisors of the County of San Diego.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby finds that that certain map survey entitled Chula Vista Tract No. 02-03, McMillin
Otay Ranch Village 6, R-3, particularly described as follows:
Being a subdivision of Lot 3 of McMillin Otay Ranch Village 6 "A" Map, Map No.
14432, in the City of Chula Vista, County of San Diego, State of California, filed in the
Office of the County Recorder of San Diego County:
Area: 38.886 Acres No. of Lots: 175
Numbered Lots: 163 Lettered Lots: 12
is made in the manner and form prescribed by law and conforms to the surrounding surveys; and
that said map and subdivision of land shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public
the public streets, to-wit: Oakpoint Avenue, Blairwood Avenue, Trailwood Avenue,
Heatherwood Avenue, and View Park Way, and said streets are hereby declared to be public
streets and dedicated to the public use all as shown on said map within said subdivision.
BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of
Chula Vista the sight visibility, sewer and drainage, 2 foot wall maintenance and access and the
assignable and irrevocable general utility and access easements, all as shown on McMillin Otay
Ranch Village 6, R-3 map within said subdivision.
BE IT FURTHER RESOLVED that said Council hereby acknowledges on behalf of the
City of Chula Vista the Irrevocable Offer of Dedication of Fee Interest of Lots "A", "B", "C",
"D", "E", "F", "G", "H", 'T', "J", "K", and "M" for open space and other public purposes all as
shown on McMillin Otay Ranch Village 6, R-3 map within said subdivision.
BE IT FURTHER RESOLVED that said Council hereby terminates, vacates and
abandons on behalf of the City of Chula Vista the sewer, sewer and drainage, and the assignable
and irrevocable general utility and access easement granted on Lot 3 of Map No. 14432.
BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby
authorized and directed to endorse upon said map the action of' said Council; that said Council
has approved said subdivision map, and that said public streets are accepted on behalf of the
public as therefore stated and that the Irrevocable Offer of Dedication of the fee interest of said
lots be acknowledged, and that those certain easements as granted on McMillin Otay Ranch
Village 6, R-3 map within said subdivision are accepted on behalf of the City of Chula Vista as
hereinabove stated.
2
BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement
dated November 12, 2002, for the completion of improvements in said subdivision, a copy of
which is on file in the Office of the City Clerk is hereby approved.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said
map to the Clerk of the Board of Supervisors of the County of San Diego.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby finds that that certain map survey entitled Chula Vista Tract No. 02-03, McMillin
Otay Ranch Village 6, R-4, particularly described as follows:
Being a subdivision of Lot 4 of McMillin Otay Ranch Village 6 "A'" Map, Map No.
14432, in the City of Chula Vista, County of San Diego, State of California, filed in the
Office of the County Recorder of San Diego County:
Area: 20.456 Acres No. of Lots: 95
Numbered Lots: 92 Lettered Lots: 3
is made in the manner and form prescribed by law and conforms to the surrounding surveys; and
that said map and subdivision of land shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public
the public streets, to-wit: Bellagio Street, Ravina Drive, Trailwood Avenue, Solano Drive, and
Vendola Drive, and said streets are hereby declared to be public streets and dedicated to the
public use all as shown on said map within said subdivision.
BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of
Chula Vista the sight distance, pedestrian access, 2 foot wall maintenance and access and the
assignable and irrevocable general utility and access easements, all as shown on McMillin Otay
Ranch Village 6, R-4 map within said subdivision.
BE IT FURTHER RESOLVED that said Council hereby acknowledges on behalf of the
City of Chula Vista the Irrevocable Offer of Dedication of Fee Interest of Lots "A", "B" and "C"
for open space and other public purposes all as shown on McMillin Otay Ranch Village 6, R-4
map within said subdivision.
BE IT FURTHER RESOLVED that said Council hereby terminates, vacates and
abandons on behalf of the City of Chula Vista the sewer, and the assignable and irrevocable
general utility and access easement gr~mted on Lot 4 of Map No. 14432.
BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby
authorized and directed to endorse upon said map the action of said Council; that said Council
has approved said subdivision map, and that said public streets are accepted on behalf of the
public as therefore stated and that the Irrevocable Offer of Dedication of the fee interest of said
lots be acknowledged, and that those certain easements as granted on McMillin Otay Ranch
Village 6, R-4 map within said subdivision are accepted on behalf of the City of Chula Vista as
hereinabove stated.
BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement
dated November 12, 2002, for the completion of improvements in said subdivision, a copy of
which is on file in the Office of the City Clerk is hereby approved.
3
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said
map to the Clerk of the Board of Supervisors of the County of San Diego.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby finds that that certain map survey entitled Chula Vista Tract No. 02-03, McMillin
Otay Ranch Village 6, R-6, particularly described as follows:
Being a subdivision of Lot 6 of McMillin Otay Ranch Village 6 "A" Map, Map No.
14432, in the City of Chula Vista, County of San Diego, State of California, filed in the
Office of the County Recorder of San Diego County:
Area: 20.641 Acres No. of Lots: 135
Numbered Lots: 126 Lettered Lots: 9
is made in the manner and form prescribed by law and conforms to the surrounding surveys; and
that said map and subdivision of land shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public
the public streets, to-wit: Weltbrook Street, Bedford Avenue, Cobblecreek Street, Glenwood
Springs Avenue, Hunters Glen Avenue, Hunters Pointe Avenue, Alley "A", Alley "B", Alley
"C", and Alley "D", and said streets are hereby declared to be public streets and dedicated to the
public use all as shown on said map within said subdivision.
BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of
Chula Vista the 2 foot wall maintenance and access and the assignable and irrevocable general
utility and access easements, all as shown on McMillin Otay Ranch Village 6, R-6 map within
said subdivision.
BE IT FURTHER RESOLVED that said Council hereby acknowledges on behalf of the
City of Chula Vista the Irrevocable Offer of Dedication of Fee Interest of Lots "A", "B", "C",
"D", "E", "F", "G", "H", and "I" for open space and other public purposes all as shown on
McMillin Otay Ranch Village 6, R-6 map within said subdivision.
BE IT FURTHER RESOLVED that said Council hereby terminates, vacates and
abandons on behalf of the City of Chula Vista the sewer, and the assignable an0 irrevocable
general utility and access easement granted on Lot 6 of Map No. 14432.
BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby
authorized and directed to endorse upon said map the action of said Council; that said Council
has approved said subdivision map, and that said public streets are accepted on behalf of the
public as therefore stated and that the Irrevocable Offer of Dedication of the fee interest of said
lots be acknowledged, and that those certain easements as granted on McMillin Otay Ranch
Village 6, R-6 map within said subdivision are accepted on behalf of the City of Chula Vista as
hereinabove stated.
BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement
dated November 12, 2002, for the completion of improvements in said subdivision, a copy of
which is on file in the Office of the City Clerk is hereby approved.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said
map to the Clerk of the Board of Supervisors of the County of San Diego.
4
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreements for and on behalf of the City of Chula Vista.
Presented by Approved as to form by
John P. Lippitt J~'~e)j/~ "~-~
Director of Public Works City Attorney
J:/attorney/reso/OR V6 RI R3 R4 R6
5
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
c'/,Jo~n ~I. Kaheny c~
City Attorney
Dated: f/~ (o~>-----
SUBDIVISION IMPROVEMENT AGREEMENT FOR
MCMILLIN OTAY RANCH VILLAGE SIX, R-I,
R-3, R-4 AND R-6
Recordin9 Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received. ~
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day
of , 2002, by and between THE CITY OF CHULA
VISTA, a municipal corporation, hereinafter called "City", and
McMiLLIN OTAY PJ~NCH, 2727 Hoover Avenue, National City,
California 91950, hereinafter called "Subdivider" with reference
to the facts set forth below, which Recitals ~onstitute a part
of nhis Agreement;
RECITALS:
WHEREAS, Subdivider is about to present to the City Council
of nhe City of Chula Vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as
McMiLLIN OTAY RAi~CH VILLAGE SIX R-1 pursuant to the provisions
of the Subdivision Map Act of the State of California, and in
compliance with the provisions of Title 18 of the Chula Vista
Mun±cipal Code relating to the filing, approval and recordation
of subdivision map; and
WHEREAS, the Code provides that before said map is finally
approved by the Council of the City of Chula Vista, Subdivider
must have either~ installed and completed all of the public
improvements and/or land development work required by the Code
to be installed in subdivisions before final maps of
subdivisions are approved by the Council for purpose of
recording in the Office of the County Recorder of San Diego
County, or, as an alternative thereto, Subdivider shall enter
into an agreement with City, secured by an approved improvement
security to insure the performance of said work pursuant to the
requirements of Title 18 of the Chula Vista Municipal Code,
agreeing to install and complete, free of liens at Subdivider's
own expense, all of the public improvements and/or land
development work required in said subdivision within a definite
period of time prescribed by said Council; and -
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter
into this agreement wherein it is provided that Subdivider will
install and complete, at Subdivider's own expense, all the
public improvement work required by City in connection with the
proposed subdivision and will deliver to City improvement
securities as approved by the City Attorney; and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subject to certain requirements and conditions,
as contained in Resolutioh No. 2002-060, approved on the 26th
day of February, 2001 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public
improvement work have been prepared and submitted to the City
Engineer, as shown on Drawings Nos. 01118-01 through 01118-11
inclusive, on file in the office of the City Engineer; and
WHEREAS, an estimate of the cost of constructing said
public improvements according to said plans and specifications
has been submitted and approved by the City in the amount of ONE
MILLION SIX HUNDRED SIXTY-SIX THOUSAND DOLLARS AND NO CENTS
($1,666,000.00).
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest,
an obligation the burden of which encumbers and runs with the
land, agrees to comply with all of the terms, conditions and
r~quirements of ithe Tentative Map Resolution; to do and perform
or cause to be done and performed, at its own expense, without
cost to City, in a good and workmanlike manner, under the
direction and to the satisfaction and approval of the City
Engineer, all of the public improvement and/or land development
work required to be done in and adjoining said subdivision,
including the improvements described in the above Recitals
("Improvement Work"); and will furnish the necessary materials
therefor, all in strict conformity and in accordance with the
-2-
plans and specifications, which documents have heretofore been
filed in the office of the City Engineer and as described in the
above Recitals this reference are incorporated herein and made a
part hereof.
2. It is expressly understood and agreed that all
monuments have been or will be installed within thirty (30) days
after the completion and acceptance of the Improvement Work, and
that Subdivider has installed or will install temporary street
name signs if permanent street name signs have not been
installed.
3. It is expressly understood and agreed that Subdivider
will cause all necessary materials to be furnished and all
Improvement Work required under the provisions of this contract
to be done on or before the second anniversary date of Council
approval of the Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will
perform said Improvement Work as set forth hereinabove, or that
portion of said Improvement Work serving any buildings or
structures ready for occupancy in said subdivision, prior to the
issuance of any certificate of clearance for utility connections
for said buildings or structures in said subdivision, and such
certificate shall not be issued until the City Engineer has
certified in writing the completion of said public improvements
or the portion thereof sel-ving said building or structures
approved by the City; provided, however, that the improvement
security shall not be required to cover the pro'visions of this
paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider
will conform to and abide by all of the provisions of the
ordinances of the City of Chula Vista, and the laws of the State
of California applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose suffliciency has been approved by the City in the
sum of EIGHT HUNDRED THIRTY-THREE THOUSAND DOLLARS AND NO CENTS
($833,000.00) which security shall guarantee the faithful
performance of this contract by Subdivider and is attached
hereto, marked Exhibit "A" and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the
-3-
City of Chula Vista simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved b~ the City in the
sum of EIGHT HUNDRED THIRTY-THREE THOUSAND DOLLARS AND NO CENTS
($833,000.00) to secure the payment of material and labor in
connection with the installation of said public improvements,
which security is attached hereto, marked Exhibit "B" and made a
part hereof and the bond amounts as contained in Exhibit "B",
and made a part hereof.
8. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the
sum of TWENTY-TWO THOUSAND DOLLARS AND NO CENTS ($22,000.00) to
secure the installation of monuments, which security is attached
hereto, marked Exhibit "C" and made a part hereof.
9. It is further agreed that if the Improvement Work is
no5 completed within the time agreed herein, the sums provided
by said improvement securities may be used by City for the
completion of the Improvement Work within said subdivision in
accordance with such specifications herein contained .or
referred, or at the option of the City, as are approved by the
City Council at the time of engaging the work to be performed.
Upon certification of completion by the City Engineer and
acceptance of said work by City, and after certification by the
Director of Finance that all costs hereof are fully paid, the
whole amount, or any part thereof not required for payment
thereof, may be released to Subdivider or its successors in
interest, pursuant to the terms of the improvement securisy.
Subdivider agrees to pay to the City any difference between the
total costs incurred to perform the work, including design and
administration of construction (including a reasonable
allocation of overhead), and any proceeds from the improvement
security.
10. It is also expressly agreed and understood by the
parties hereto that in no case will the City of Chula Vista, or
any department, board or officer thereof, be liable for any
portion of the costs and expenses of the work aforesaid, nor
shall any officer, his sureties or bondsmen, be liable for the
payment of any sum or sums for said work or any materials
furnished therefor, except to the limits established by the
approved improvement security in accordance with the
req//irements of the State Subdivision Map Act and the p~ovisions
of Title 18 of the Chula Vista Municipal Code.
-4-
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection,
materials furnished and other incidental expenses) incurred by
City in connection with the approval of the Improvement Work
plans and installation of Improvement Work hereinabove provided
for, and the cost of street signs and street trees as required
by City and approved by the City Engineer shall be paid by
Subdivider, and that Subdivider shall deposit, prior to
recordation of the Final Map, with City a sum of money
sufficient to cover said cost. ~
12. It is understood and agreed that until such time as
all Improvement Work is fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shail guarantee all public
improvements for a period of one year from date of final
acceptance and correct any and all defects or deficiencies
arising during said period as a result of the acts or omission
of Subdivider, its agents or employees in the performance of
this agreement, and that upon acceptance of the work by City,
Subdivider shall grant to City, by appropriate conveyance, the
public improvements constructed pursuant to this agreement;
provided, however, that said acceptance shall not constitute a
waiver of defects by City as set forth hereinabove.
13. It is understood and agreed that City, as indemnitee,
or any officer or employee thereof, shall not be liable for any
injury to'person or property occasioned by reason of the acts or
omissions of subdivider, its agents or employees, or indemnitee,
related to this agreement. Subdivider further agrees to protect
and hold the City, its officers and employees, harmless from any
and all claims, demands, causes of action, liability or loss of
any sort, because of or arising out of acts or omissions of
Subdivider, its agents or employees, or indemnitee, related to
this agreement; provided, however, that the approved improvement
security shall not be required to cover the provisions of this
paragraph. Such indemnification and agreemeDt to hold harmless
shall extend to damages to adjacent or downstream properties or
the taking of property from owners of such adjacent or
downstream properties as a result of the construction of said
subdivision and the public improvements as provided herein. It
shall also extend to damages resulting from diversion of waters,
change in the volume of flow, modification of the velocity of
the water, erosion or siltation, or the modification of the
point of discharge as the result of the construction and
maintenance of drainage systems. The approval of plans
providing for any or all of these conditions shall not
constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an
insurer or surety for the construction of the subdivision
pursuant to said approved improvement plans. The provisions of
this paragraph shall become effective upon the execution of this
agreement and shall remain in full force and effect for ten (10)
years following the acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold
harmless the City or its agents, officers, and employees from
any claim, action, or proceeding against the City or its agents,
officers, or employees to attack, set aside, void, or annul, an
approval of the City, advisory agency, appeal board, or
legislative body concerning a subdivision, which action is
brought within the time period provided for in Section 66499.37
of the Government Code of the State of California.
15. Assignability. Upon request of the Subdivider, any or
all on-site duties and obligations set forth herein may be
assigned to Subdivider's successor in interest if the City
Manager in his/her sole discretion determines that such an
assignment will not adversely affect the City's interest. The
City Manager in his/her sole discretion may, if such assignment
is requested, permit a substitution of securities by the
successor in interest in place and stead of the original
securities described herein so long as such substituted
securities meet the criteria for security as set forth elsewhere
in this Agreement. Such assignment will be in a form approved
by the City Attorney.
SIGNATLIRE PAGE
SUBDIVISION IMPROVEMENT AGREEMENT
McMILLIN OTAY RANCH VILLAGE SIX R-1
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULAVISTA McMILLIN OTAY P3~NCH
VistaMayor of the City of Chula ~-~ ~_~_~,~/ ~-
ATTEST
City Clerk
Approved as to form by
City Attorney
(Attach Notary Acknowledgment)
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance
Form: Bond
Amount: $833,000.00
Exhibit "B" Improvement Security - Material and Labor:
Form: Bond
Amount: $833,000.00
Exhibit "C" Improvement Security - Monuments:
Form: Bond
Amount: $22,000.00
Securities approved as to form and amount by
City Attorney
Improvement Completion Date: Two (2) years from date of City
Council approval of the Subdivision Improvement Agreement
J:\Attorney\SIA\McMillin OR V6 R-1
-8-
}
STATE OF CALIFORNIA }ss.
COUNTY OF SAN DIEGO }
On November 6, 2002 , before me, Elizabeth M. Breid, Notary Public
personally appeared Frank Zaidle and Don Mitchell, personally known to me to be the persons
whose names are subscribed to the within instrument and acknowledged to me that they
executed the same in their authorized capacities, and that by their signatures' on the instrument
the persons or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
Title of Document Subdivision Improvement Agreement Otay Ranch Village 6 R-1
Date of Document November 5, 2002 No. of Pages
Recording Requested by:
CITY CLERK.
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION ,IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day
of , 2002, by and between THE CITY OF CHULA
VISTA, a municipal corporation, hereinafter called "City", and
McMiLLIN OTAY RANCH, 2727 Hoover Avenue, National City,
California 91950, hereinafter called "Subdivider" with reference
to the facts set forth below, which Recitals constitute a part
of this Agreement;
RECITALS:
WHEREAS, Subdivider is about to present to the City Council
of ~he City of Chula Vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as
McMiLLIN OTAY RANCH VILLAGE SIX R-3 pursuant to the provisions
of the Subdivision Map Act of the State of California, and in
compliance with the provisions of Title 18 of the Chula Vista
Municipal Code relating to the filing, approval and recordation
of subdivision map; and
WHEREAS, the Code provides that before said map is finally
approved by the Council of the City of Chula Vista, Subdivider
must have either installed and completed all of the public
improvements and/or land development work required by the Code
to be installed · in subdivisions before final maps of
subdivisions are approved by the Council for purpose of
recording in the Office of the County Recorder of San Diego
County, or, as an alternative thereto, Subdivider shall enter
into'an agreement with City, secured by an approved improvement
security to insure the performance of said work pursuant to the
requirements of Title 18 of the Chula Vista Municipal Code,
agreeing to install and complete, free of liens at Subdivider's
own expense, all of the public improvements and/or land
development work required in said subdivision within a definite
period of time prescribed by said Council; and
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter
into this agreement wherein it is provided that Subdivider will
install and complete, at Subdivider's own expense, all the
public improvement work required by City in connection with the
proposed subdivision and will deliver to City improvement
securities as approved by the City Attorney; and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subject to 'certain requirements and conditions,
as contained in Resolutio~ No. 2002-060, approved on the 26th
day of February, 2001 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said' public
improvement work have been prepared and submitted to the City
Engineer, as shown on Drawings Nos. 01115-01 through 01115-14
inclusive, on file in the office of the City Engineer; and
WHEREAS, an estimate of the cost of constructing said
public improvements according to said plans and specifications
has been submitted and approved by the City in the amount of TWO
MILLION ONE HUNDRED SEVENTY-FOUR THOUSAAID DOLLARS AND NO CENTS
($2,174,000.00).
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest,
an obligation the burden of which encumbers and runs with the
land, agrees to' comply with all of the terms, conditions and
requirements of 'the Tentative Map Resolution; to do and perform
or cause to be done and performed, at its own expense, without
cost to City, in a good and workmanlike manner, under the
direction and to the satisfaction and approval of the City
Engineer, all of the public improvement and/or land development
work required to be done in and adjoining said subdivision,
including the improvements described in the above Recitals
("Improvement Work"); and will furnish the necessary materials
therefor, all in strict conformity and in accordance with the
plans and specifications, which documents have heretofore been
filed in the Office of the City Engineer and as described in the
above Recitals this reference are incorporated herein and made a
part hereof.
2. It is expressly understood and agreed that all
monuments have been or will be installed within thirty (30) days
after the completion and acceptance of the Improvement Work, and
that Subdivider has installed or will install temporary street
name signs if permanent street name signs have' not been
installed.
3. It is expressly understood and agreed that Subdivider
will cause all necessary materials to be furnished and all
Improvement Work required under the provisions of this contract
to be done on or before the second anniversary date of Council
approval of the Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will
perform said Improvement Work as set forth hereinabove, or that
portion of said Improvement Work serving any buildings or
structures ready for occupancy in said subdivision, prior to the
issuance of any certificate of clearance for utility connections
for said buildings or structures in said subdivision, and such
certificate shall not be issued until the City Engineer has
certified in writing the completion of said public improvements
or the portion thereof serving said building or structures
approved by the City; provided, however, that the improvement
security shall not be required to cover the provisions of this
paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider
will conform to and abide by all of the provisions of the
ordinances of the City of Chula Vista, and the laws of the State
of California applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the
sum of ONE MILLION EIGHTY-SE~-EN THOUSAND DOLLARS A_ND NO CENTS
($1,087,000.00) which security shall guarantee the faithful
performance of this contract by subdivider and is attached
hereto, marked Exhibit "A" and made a part hereof.
7~ Subdivider further agrees to 'furnish and deliver to the
City of Chula Vista simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the
sum of ONE MILLION EIGHTY-SEVEN THOUSAND DOLLARS AND NO CENTS
($1,087,000.00) to secure the payment of material and labor in
connection with the installation of said public improvements,
which security is attached hereto, marked Exhibit "B" and made a
part hereof and the bond amounts as contained in Exhibit "B",
and made a part hereof.
8. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the
sum of THIRTY-TWO THOUSAND DOLLARS AND NO CENTS ($32,000.00) to
secure the installation of monuments, which security is attached
hereto, marked Exhibit "C" and made a part hereof.
9. It is further agreed that if the Improvement Work is
not completed within the time agreed herein, the sums provided
by said improvement securities may be used by City for the
completion of the Improvement Work within said subdivision in
accordance with such specifications herein contained or
referred, or at the option of the City, as are approved by the
City Council at the time of engaging the work to be performed.
Upon certification of completion by the City Engineer and
acceptance of said work by City, and after certification by the
Director of Finance that all costs hereof are fully paid, the
whole amount, or any part thereof not required for payment
thereof, may be released to Subdivider or its successors in
interest, pursuant to the terms of the improvement security.
Subdivider agrees to pay to the City any difference between the
total costs incurred to perform the work, including design and
administration of construction (includin~ a reasonable
allocation of overhead), and any proceeds from the improvement
security.
10. It is' also expressly agreed and understood by the
parties hereto that in no case will the City of Chula Vista, or
any department, board or officer thereof, be liable for any
portion of the costs and expenses of the work aforesaid, nor
shall any officer, his sureties or bondsmen, be liable for the
payment of any sum or sums for said work or any materials
furnished therefor, except to the limits established by the
approved improvement security in accordance with the
requirements of the State Subdivision Map Act and the provisions
of Title 18 of the Chula Vista Municipa'l Code.
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection,
materials furnished and other incidental expenses) incurred by
City in connection with the approval of the Improvement Work
plans and installation of Improvement Work hereinabove provided
for, and the cost of street signs and street trees as required
by City and approved by the City Engineer shall be paid by
Subdivider, and that Subdivider shall deposit, prior to
recordation of the Final Map, with City a sum- of money
sufficient to cover said cost.
12. It is understood and agreed that until such time as
all Improvement Work is fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public
improvements for a period of one year from date of final
acceptance 'and correct any and all defects or deficiencies
arising during said period as a result of the acts or omission
of Subdivider, its agents or employees in the performance of
this agreement, and that upon acceptance of the work by City,
Subdivider shall grant to City, by appropriate conveyance, the
public improvements constructed pursuant to this agreement;
provided, however, that said acceptance shall not constitute a
waiver of defects by City as set forth hereinabove.
13. It is understood and agreed that City, as indemnitee,
or any officer or employee thereof, shall not be liable for any
injury to person or property occasioned by reason of the acts or
omissions of Subdivider, its agents or' employees, or indemnitee,
related to this agreement. Subdivider further agrees to protect
and hold the City, its officers and employees, harmless from any
and all claims, demands, causes of action, liability or loss of
any sort, because of or arising out of acts or omissions of
Subdivider, its agents or employees, Or indemnitee, related to
this agreement; provided, however, that the approved improvement
security shall not be required to cover the provisions of this
paragraph. Such indemnification and agreement to hold harmless
shall extend to d~mages to adjacent or downstream properties or
the taking of property from owners of such adjacent or
downstream properties as a result of the construction of said
subdivision and the public improvements as provided herein. It
shall also extend to damages resulting from diversion of waters,
change in the volume of flow, modification of the velocity of
the water, erosion or siltation, or' the modification of the
point of discharge as the result of the construction and
maintenance of drainage systems. The approval of plans
providing for any or all of these conditions shall not
constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an
insurer or surety for the construction of the subdivision
pursuant to said approved improvement plans. The provisions of
this paragraph shall become effective upon the execution of this
agreement and shall remain in full force and effect for ten (10)
years following the acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold
harmless the City or its agents, officers, and employees from
any claim, action, or proceeding against the City or its agents,
officers, or employees to attack, set aside, void, or annul, an
approval of the City, advisory agency, appeal board, or
legislative body concerning a subdivision, which action is
brought within the time period provided for in Section 66499.37
of the Government Code of the State of California.
15. Assignability. Upon request of the Subdivider, any or
all on-site duties and obligations set forth herein may be
assigned to Subdivider's successor in interest if the City
Manager in his/her sole discretion determines that such an
assignment will not adversely affect the City's interest. The
City Manager in his/her sole discretion may, if such assignment
is requested, permit a substitution of securities by the
successor in interest in place and stead of the original
securities described herein so long as such substituted
securities meet the criteria for security as set forth elsewhere
in this Agreement. Such assignment will be in a form approved
by the City Attorney.
SIGNATURE PAGE
SUBDIVISION IMPROVEMENT AGREEMENT
McMILLIN OTAY RANCH VILLAGE SIX R-3
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA McMILLIN OTAY RANCH
VistaMayor of the City of Chula
/
ATTEST
City Clerk
Approved as to form by
City Attorney
(Attach Nora!2; Acknowledgment)
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance
Form: Bond
Amount: $1,087,000.00
Exhibit "B" Improvement Security - Material and Labor:
Form: Bond
Amount: $1,087,000.00
Exhibit "C" Improvement Security - Monuments:
Form: Bond
Amount: $32,000.00
Securities approved as to form and amount by
City Attorney
Improvement Completion Date: Two (2) years from date of City
Council approval of the Subdivision Improvement Agreement.
J:\Attorney\SIA\McMillin OR V6 R-3
}
STATE OF CALIFORNIA }ss.
COUNTY OF SAN DIEGO }
On November 6, 2002 , before me, Elizabeth M. Breid, Notary Public
personally appeared Frank Zaidle and Don Mitchell, personally known to me 5o be the persons
whose names are subscribed to the within instrument and acknowledged to me that they
executed the same in their authorized capacities, and that by their signatures on the instrument
the persons or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
Title of Document Subdivision Improvement A.qreement Otay Ranch Villaqe 6 R-3
Date of Document November 5, 2002 No. of Pages
Recordin9 Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 91910
No transfer tax is due as this is a conveyance'
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION'IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day
of , 2002, by and between THE CITY OF CHULA
VISTA, a municipal corporation, hereinafter called ".City", and
McMILLIN OTAY PJLNCH, LLC, a Delaware limited liability company,
2727 Hoover Avenue, National City, CA 91950 hereinafter called
"Subdivider" with reference to the facts set forth below, which
Recitals constitute a part of this Agreement;
RECITALS:
WHEREAS, subdivider is about to present to the City Council
of the City of Chula Vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as
McMiLLIN OTAY RANCH VILLAGE SIX R-4 (CVT 02-03) pursuant to the
provisions of the Subdivision . Map Act of the State of
California, and in compliance with the provisions of Title 18 of
the Chula Vista Municipal Code relating to the filing, approval
and recordation of subdivision map; and
WHEREAS, the Code provides that before said map is finally
approved by the Council of the City of Chu!a Vista, Subdivider
must have either installed and completed all of the public
improvements and/or land development work required by the Code
to be installed in subdivisions before final maps of
subdivisions are approved by the Council for purpose of
recording in the Office 'of the County Recorder of San Diego
County,. or, as an alternative thereto, subdivider shall enter
into an agreement with City, secured by an approved improvement
security to insure the performance of said work pursuant to the
requirements of Title 18 of the Chula Vista Municipal Code,
agreeing to install and complete, free of liens at Subdivider's
own expense, all of the public improvements and/or land
development work required in said subdivision within a definite
period of time prescribed by said Council; and
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of. said map by the Council, to enter
into this agreement wherein it is provided that Subdivider will
install and complete, at Subdivider's own expense, all the
public improvement work required by City in connection with the
proposed subdivision and will deliver to City improvement
securities as approved by the City Attorney; and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subject to 'certain requirements and conditions,
as contained in Resolutio~ No. 2002-060, approved on the 26th
day of February, 2001 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public
improvement work have been prepared and submitted to the City
Engineer, as shown on Drawings Nos. 01117-01 through 01117-11
inclusive, on file in the office of the City Engineer; and
WHEREAS, an estimate of the cost of constructing said
public improvements according to said plans and specifications
has been submitted and approved by the City in the amount of ONE
MILLION FOUR HUNDRED TWENTY THOUSAifD DOLLARS AND NO CENTS
($1,420,000.00) .
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest,
an obligation the burden of which encumbers and runs with the
land, agrees to'comply with all of the terms, conditions and
requirements of 'the Tentative Map Resolution; to do and perform
or cause to be done and performed, at its own expense, without
cost to City, in a good and workmanlike manner, under the
direction and to the satisfaction and approval of the City
Engineer, all of the public improvement and/or land development
work required to be done in and adjoining said subdivision,
including the improvements described in the above Recitals
("Improvement Work"); and will furnish the necessary materials
therefor, all in strict conformity and in accordance with the
plans and specifications, which documents have heretofore been
filed in the office of the City Engineer and as described in the
above Recitals this reference are incorporated herein and made a
part hereof.
2. It is expressly understood and agreed that all
monuments have been or will be installed within thirty (30) days
after the completion and acceptance of the Improvement Work, and
that Subdivider has installed or will install temporary street
name signs if permanent street name signs have -not been
installed.
3. It is expressly understood and agreed that Subdivider
will cause all necessary materials to be furnished and all
Improvement Work required under the provisions of this contract
to be done on or before the second anniversary date of Council
approval of the Subdivision..Improvement Agreement.
4. It is understood and agreed that Subdivider will
perform said Improvement Work as set forth hereinabove, or that
portion of said Improvement Work serving any buildings or
structures ready for occupancy in said subdivision, prior to the
issuance of any certificate of clearance for utility connections
for said buildings or structures in said subdivision, and such
certificate shall not be issued until the City Engineer has
certified in writing the completion of said public improvements
or the portion thereof serving said building or structures
approved by the City; provided, however, that the improvement
security shall not be required to cover the provisions of this
paragraph.
5. It is expressly understood and agreed to by subdivider
that, in the performance of said Improvement Work, Subdivider
will conform to and abide by all of the provisions of the
ordinances of the City of Chula Vista, and the laws of the State
of California applicable to said work.
6. subdivider further agrees to furnish and deliver to the
City of Chula V~sta, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the
sum of SEVEN FUJNDRED TEN THOUSAATD DOLLARS AND NO CENTS
($710,000.00) which security shall guarantee the faithful
performance of this contract by Subdivider and is attached
hereto, marked Exhibit "A" and made a part hereof.
7..' Subdivider further agrees to furnish and deliver to the
-3-
City of Chula Vista simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the
sum of SEVEN HUNDRED TEN THOUSAND DOLLARS AND NO CENTS
.($710,000.00) to secure the payment of material and labor in
connection with the installation of said public improvements,
which security is attached hereto, marked Exhibit "B" and made a
part hereof and the bond amounts as contained in Exhibit "B",
and made a part hereof.
8. Subdivider further agrees to furnish and del~ver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the
sum of TWENTY THOUSAND DOLLARS AND NO CENTS ($20,000.00) to
secure the installation of monuments, which security is attached
hereto, marked Exhibit ~C" and made a part hereof.
9. It is further agreed that if the Improvement Work is
not completed within the time agreed herein, the sums provided
by said improvement securities may be used by City for the
completion of the Improvement Work within said subdivision in
accordance with such specifications herein contained or
referred, or at the option of the City, as are approved by the
City Council at the time of engaging the work to be performed.
Upon certification of completion by the City Engineer and
acceptance of said work by City, and after certification by the
Director of Finance that all costs hereof are fully paid, the
whole amount, or any part thereof not required for payment
thereof, may be released to Subdivider or its successors in
interest, pursuant to the terms of the improvement security.
Subdivider agrees to pay to the City any difference between the
total costs incurred to perform the work, including design and
administration of construction (including a reasonable
allocation of overhead), and any proceeds from the improvement
security.
10. It is also expressly agreed and understood by the
parties hereto that in no case will the City of Chula Vista, or
any department, board or officer thereof, be liable for any
portion of the costs and expenses of the work aforesaid, nor
shall any officer, his sureties or bondsmen, be liable for the
payment of any sum or sums for said work or any materials
furnished therefor, except to the limits established by the
approved improvement security in accordance with the
requirements of the State Subdivision Map Act and the provisions
of Title 18 of the Chula Vista Municipal Code.
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection,
materials furnished and other incidental expenses) incurred by
City in connection with the approv&l of the Improvement Work
plans and installation of Improvement Work hereinabove provided
for, and the cost of street signs and street trees as required
by City and approved, by the City Engineer shall be paid by
Subdivider, and that Subdivider shall deposit, prior to
recordation of the Final Map, with City a sum- of money
sufficient to cover said cost.
12. It is understood and agreed that until such time as
all Improvement Work is fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdiv'ider shall guarantee all public
improvements for a period of one year from date of final
acceptance and correct any and all defects or deficiencies
arising during said period as a result of the acts or omission
of Subdivider, its agents or employees in the performance of
this agreement, and that upon acceptance of the work by City,
Subdivider shall grant to City, by appropriate conveyance, the
public improvements constructed pursuant to this agreement;
provided, however, that said acceptance shall not constitute a
waiver of defects by City as set forth hereinabove.
13. It is understood and agreed that City, as indemnitee,
or any officer or employee thereof, shall not be liable for any
injury to person or property occasioned by reason of the acts or
omissions of Subdivider, its agents or' employees, or indemnitee,
related to this agreement. Subdivider further agrees to protect
and hold the City, its officers and employees, harmless from any
and all claims, demands, causes of action, liability or loss of
any sort, because of or arising out of acts or omissions of
Subdivider, its agents or employees, or indemnitee, related to
this agreement; provided, however, that the approved improvement
security shall not be required to cover the provisions of this
paragraph. Such indemnification and agreement to hold harmless
shall extend to damages to ~djacent or downstream properties or
the taking of property from owners of such adjacent or
downstream properties as a result of the construction of said
subdivision and the public improvements as provided herein. It
shall also extend to damages result%ng from diversion of waters,
change in the volume of flow, modification of the velocity of
the water, erosion or siltation, or-the modification of the
]
point of discharge as the result of the construction and
maintenance of drainage systems. The approval of plans
providing for any or all of these conditions shall not
constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an
insurer or surety for the construction of the subdivision
pursuant to said approved improvement plans. The provisions of
this paragraph shall become effective upon the execution of this
agreement and shall remain in full force and effect for ten (10)
years following the acceptance by the City of the imprqvements.
14. Subdivider agrees to defend, indemnify, and hold
harmless the City or its agents, officers, and employees from
any claim, action, or proceeding against the City or its agents,
officers, or employees to attack, set aside, void, or annul, an
approval of the City, advisory agency, appeal board, or
legislative body concerning a subdivision, which action is
brought within the time period provided for in Section 66499.37
of the Government Code of the State of California.
15. Assignability. Upon request of the Subdivider, any or
all on-site duties and obligations set forth herein may be
assigned to Subdivider's successor in interest if the City
Manager in his/her sole discretion determines that such an
assignment will not adversely affect the City's interest. The
City Manager in his/her sole discretion may, if such assignment
is requested, permit a substitution of securities by the
successor in interest in place and stead of the original
securities described herein so long as such substituted
securities meet the criteria for security as set forth elsewhere
in this A~reement. Such assignment will be in a form approved
by the City'Attorney.
SIGNATURE PAGE
SUBDIVISION IMPROVEMENT AGREEMENT
McMILLIN OTAY RANCH VILLAGE SIX R-4
(CrT 02-03)
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CH~ VISTA McMILLIN OTAY RANCH, 3LLC,
a Delaware limited liability
Mayor of the City of Chula com~
Vista
ATTEST --~-~ City Clerk
Approved as to form by
City Attorney
(Attach Notary Acknowledgment)
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance
Form: Bond
Amount: $710,000.00
Exhibit "B" Improvement Security - Material and Labor:
Form: Bond
Amount: $710,000.00
Exhibit "C" Improvement Security - Monuments:
Form: Bond
Amount: $20,000.00
Securities approved as to form and amount by
City Attorney
Improvement Completion Date: Two (2) years from date of City
Council approval of the Subdivision Improvement Agreement.
J: \Attorney\SIA\McMillin OR V6 R4
}
STATE OF CALIFORNIA }ss.
COUNTY OF SAN DIEGO }
On November 5, 2002 , before me, Elizabeth M. Breid, Notary Public
personally appeared Frank Zaidle and Thomas A. Fuller, personally known to me to be the
persons whose names are subscribed to the within instrument and acknowledged to me that
they executed the same in their authorized capacities, and that by their signatures on the
instrument the persons or the entity upon behalf of which the persons acted, executed the
instrument.
WETNESS my hand and official seal.
Signatur.e~'~ ,/Z/T~ ~'~/~1~
Title of Document Subdivision Improvement A,qreement Otay Ranch Villaqe 6 R-4
Date of Document November 5, 2002 No. of I~ages
¥/
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SD-BDIVISION.tMPRO~q~M~NT AGRE~NT
THIS AGREEMENT, made and entered into this day
of , 2002, by and between THE CITY OF ~CHULA
VISTA, a municipal corporation, hereinafter called "City", and
McMILLIN OTAY R~CH, LLC, a Delaware limited liability company,
2727 Hoover Avenue, National City, CA 91950, hereinafter called
"Subdivider" with reference to the facts set forth below, which
Recitals constitute a part of this Agreement;
RECITALS:
WIqEREAS, Subdivider is about to present to the City Council
of the City of Chula Vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as
McMILLI~ OTAY R3~NCH VILL~GE SIX R-6 (C~;T 02-03) pursuant to the
provisions of the subdivision Map Act of the State of
California, and in compliance with the provisions of Title 18 of
the Chula Vista Municipal Code relating to the filing, approval
and recordation of subdivision map; and
WHEREAS, the Code provides that before said map is finally
approved by the Council of the City of Chula Vista, Subdivider
must have either installed and completed all of the public
improvements and/or land development work required by the Code
to be installed in subdivisions before final maps of
subdivisions are approved by the Council for purpose of
recording in the Office of the County Recorder of San Diego
County, or, as an alternative thereto, subdivider shall enter
into an' agreement with City, secured ~y an approved improvement
security to insure the performance of said work pursuant to the
requirements of Title 18 of the Chula Vista Municipal Code,
agreeing to install and complete, free of liens at Subdivider's
own expense, all of the public improvements and/or land
development work required in said subdivision within a definite
period of time prescribed by said Council; and
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter
into this agreement wherein it is provided that Subdivider will
install and complete, at Subdivider's own expense~ all the
public improvement work required by City in connection with the
proposed subdivision and will deliver to City improvement
securities as approved by the City Attorney; and
WHEREAS, a tentative map.of said subdivision has heretofore
been approved, subject to ~certain requirements and conditions,
as contained in Resolutioh No. 2002-060, approved on the 26th
day of February, 2001 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public
improvement work have been prepared and submitted to the City
Engineer, as shown on Drawings Nos. 01116-01 through 01116-16
inclusive, on file in the office of the City Engineer; and
WHEREAS, an estimate of the cost of constructing said
public improvements according to said plans and specifications
has been submitted and approved by the City in the amount of ONE
MILLION SEVEN HUNDRED TWENTY THOUSi~XTD DOLLARS 3LN-D NO CENTS
($1,720,000.00).
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest,
an obligation the burden of which encumbers and runs with the
land, agrees to-comply with all of the terms, conditions and
requirements of the Tentative Map Resolution; to do and perform'
or cause to be done and performed, at its own expense, without
cost to City, in a good and workmanlike manner, under the
direction and to the satisfaction and approval of the City
Engineer, all of the public improvement and/or land development
work required to be done in and adjoining said subdivision,
including the improvements described in the above Recitals
("Improvement Work"); and will furnish the necessary materials
therefgr, all in strict conformity amd in accordance with the
plans and specifications, which documents have heretofore been
filed in the Office of the City Engineer and as described in the
above Recitals this reference are incorporated herein and made a
part hereof.
2. It is expressly understood and agreed that all
monuments have been or will be installed within thirty (30) days
after the completion and acceptance of the Improvement Work, and
that Subdivider has installed or will install temporary street
name signs if permanent street name signs have~ not been
installed.
3. It is expressly understood and agreed that Subdivider
will cause all necessary materials to be furnished and all
Improvement Work required under the provisions of this contract
to be done on or before the second anniversary date of Council
approval of the Subdivision. Improvement Agreement.
4. It is understood and agreed that Subdivider will
perform said ImProvement Work as set forth hereinabove, or that
portion of said Improvement Work serving any buildings or
structures ready for occupancy in said subdivision, prior to the
issuance of any certificate of clearance for utility connections
for said buildings or structures in said subdivision, and such
certificate shall not be issued until the City Engineer has
certified in writing the completion of said public improvements
or the portion thereof serving said building or structures
approved by the City; provided, however, that the improvement
security shall not be required to cover the provisions of this
paragraph.
5. It is expressly understood and agreed to by subdivider
that, in the performance of said Improvement Work, Subdivider
will conform to and abide by all of the provisions of the
ordinances of the City of Chula Vista, and the laws of the State
of California applicable to said work.
6. subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the
sum of EIGHT HUNDRED SIXTY THOUSAND DOLLARS AND NO CENTS
($860,000.00) which security shall guarantee the faithful
performance of this contract by Subdivider and is attached
hereto, marked Exhibit "A" and made a part hereof.
7~ Subdivider further agrees to -furnish and deliver to the
City of Chula Vista simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the
sum of EIGHT HUNDRED SIXTY THOUSAND DOLLARS AND NO CENTS
($860,000.00) to secure the payment of material and labor in
connection with the installation of said public improvements,
which security is attached hereto, marked Exhibit "B" and made a
part hereof and the bond amounts as contained in Exhibit "B",
and made a part hereof.
8. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the
sum of TWENTY-TWO THOUSAND DOLLARS AND NO CENTS ($22,000.00) to
secure the installation of monuments, which security is attached
hereto, marked Exhibit "C" and made a part hereof.
9. It is further agreed that if the Improvement Work is
not completed within the time agreed herein, the sums provided
by said improvement securities may be used by City for the
completion of the Improvement Work within said subdivision in
accordance with such specifications herein contained or
referred, or at the option of the City~ as are approved by the
City Council at the time of engaging the work to be performed.
Upon certification of completion by the City Engineer and
acceptance of said work by City, and after certification by the
Director of Finance that all costs hereof are fully paid, the
whole amount, or any part thereof not required for payment
thereof, may be released to Subdivider or its successors in
interest, pursuant to the terms of the improvement security.
Subdivider agrees to pay to the City any difference between the
total costs incurred to perform the work, including design and
administration of construction (including a reasonable
allocation of overhead), and any proceeds from the improvement
security.
10. It is~ also expressly agreed and understood by the
parties hereto that in no case will the City of Chula Vista, or
any department, board or officer thereof, be liable for any
portion of the costs and expenses of the work aforesaid, nor
shall any officer, his sureties or bondsmen, be liable for the
payment of any sum or sums for said work or any materials
furnished therefor, except to the limits established by the
approved improvement security in accordance with the
requirements of the State Subdivision Map Act and the provisions
of Title 18 of the Chula Vista Municipal Code.
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection,
materials furnished and other incidental expenses) incurred by
City in connection with the approval of the Improvement Work
plans and installation of Improvement Work hereinabove provided
for, and the cost of street signs and street trees as required
by City and approved by the City Engineer shall be paid by
Subdivider, and that Subdivider shall deposit, prior to
recordation of the Final Map, with City a sum' of money
sufficient to cover said cost.
12. It is understood and agreed that until such time as
all Improvement Work is fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public
improvements for a period of one 'year from date of final
acceptance and correct any and all defects or deficiencies
arising during said period as a result of the acts or omission
of Subdivider, its agents or employees in the performance of
this agreement, and that upon acceptance of the work by City,
Subdivider shall grant to City, by appropriate conveyance, the
public improvements constructed pursuant to this agreement;
provided, however, that said acceptance shall not constitute a
waiver of defects by City as set forth hereinabove.
13. It is understood and agreed that City, as indemnitee,
or any officer or employee thereof, shall not be liable for any
injury to person or property occasioned by reason of the acts or
omissions of Subdivider, its agents or employees, or indemnitee,
related to this agreement. Subdivider further agrees to protect
and hold the City, its officers and employees, harmless from any
and all claims, demands, causes of action, liability or loss of
any sort, because of or arising out of acts or omissions of
Subdivider, its agents or employees, or inder~nitee, related to
this agreement; provided, however, that the approved improvement
security shall hot be required to cover the provisions of this
paragraph. Such indemnification and agreement to hold harmless
shall extend to damages to adjacent or downstream properties or
the taking of property from owners of such adjacent or
do~rnstream properties as a result of the construction of said
subdivision and the public improvements as provided herein. It
shall also extend to damages resulting from diversion of waters,
change in the volume of flow, modification of the velocity of
the water, erosion or siltation, or' the modification of the
point of discharge as the result of the construction and
maintenance of drainage systems. The approval of plans
providing for any or all of these conditions shall not
constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an
insurer or surety for the construction of the subdivision
pursuant to said approved improvement plans. The provisions of
this paragraph shall become effective upon the execution of this
agreement and shall remain in full force and effect for ten (10)
years following the acceptance by the City of the imprgvements.
14. Subdivider agrees to defend, indemnify, and hold
harmless the City or its agents, officers, and employees from
any claim, action, or proceeding against the City or its agents,
officers, or employees to attack, set aside, void, or annul, an
approval of the City, advisory agency, appeal board, or
legislative body concerniDg a subdivision, which action is
brought within the time period provided for in Section 66499.37
of the Government Code of the State of California.
15. Assignability. Upon request of the Subdivider, any or
all on-site duties and obligations set forth herein may be
assigned to Subdivider's successor in interest if the City
Manager in his/her sole discretion determines that such an
assignment will not adversely affect the City's interest. The
City Manager in his/her sole discretion may, if such assignment
is requested, permit a substitution of securities by the
successor in interest in place and stead of the original
securities described herein so long as such substituted
securities meet the criteria for security as set forth elsewhere
in this Agreement. Such assignment will be in a form approved
by the City Attorney.
SIGNATLrRE PAGE
SUBDIVISION IMPROXrEMENT AGREEMENT
McMILLIN OTAY RANCH VILLAGE SIX R-6
(CVT 02-03)
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA McMILLIN OTAY RANCH, ~LC,
a Delaware limited liability
company.__ /7
~ayor of the City of Chula
Vista
ATTEST
City Clerk
Approved as to for~a by
City Attorney
(Attach Notary Acknowledgment)
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance
Form: Bond
Amount: $860,000.00
Exhibit "B" Improvement Security - Material and Labor:
Form: Bond
Amount: $860,000.00
Exhibit "C" Improvement Security - Monuments:
Form: Bond
Amount: $22,000.00
Securities approved as to form and amount by
City Attorney
Improvement Completion Date: Two (2) years from date of City
Council approval of the Subdivision Improvement Agreement.
J:\Attorney\SIA\McMillin OR V6 R6
}
STATE OF CALIFORNIA }ss.
COUNTY OF SAN DIEGO }
On November 5, 2002 , before me, Elizabeth M. Breid, Notary Public
personally appeared Frank Zaidle and Thomas A. Fuller, personally known to me to be the
persons whose names are subscribed to the within instrument and acknowledged to me that
they executed the same in their authorized capacities, and that by their signatures on the
instrument the persons or the entity upon behalf of which the persons acted, executed the
instrument.
WETNESS my hand and official seal.
Signatur~e~ ]J~ I,U:~:~q L¢)'3 )(~-~
O~ COMM. if, 1219192 ~,
~} ~(~,~NOTARY PUBLIC-CALIFORNIA lu
~'~,~ SAN DIEGO COUNTY 0
~ ~_~[~ COMM, EXP. MAY 13, 2003'*'
Title of Document. Subdivision Improvement Aqreement Otay. Ranch V a.qe. 6 (cv'r 02-03)
Date of Dobument November 5, 2002 No. of Pages
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FINAL "B" MAP
SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT FOR CHULA VISTA TRACT NO. 02-03,
McMILLIN OTAY RANCH VILLAGE 6 R-l, R-3, R-4 AND R-6,
AND AUTHORIZiNG THE MAYOR TO EXECUTE SAID
AGREEMENT
WHEREAS, the developer has executed a "B" Map Supplemental Subdivision
Improvement Agreement addressing on-going conditions of approval that will remain in effect and
run with the land for all four maps.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby approve the Final "B" Map Supplemental Subdivision Improvement Agreement
for Chula Vista Tract No. 02-03, McMillin Otay Ranch Village 6 R-1, R-3, R-4 and R-6, a copy of
which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said Agreement on behalf of the City of Chula Vista.
Presented by Approved as to form by
Director of Public Works City Attorney
[J:XA'ITORNEY~RESO\ssia OR V6 R-1 R-3 R4 R-6 (November 1, 2002 (l:26PM)]
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~'9I. Kaheny d
· City Attorney
Dated: / [~ ~0"~.__
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR MCMILLIN OTAY RANCH VILLAGE SIX, RU1, R-3,
R-4 AND R-6
November 4, 2002
RECOPJDING REQUEST BY:
City Clerk
WNEN RECORDED MAIL TO:
CITY OF Ch-JLA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a
conveyance to a public agency of
less than a fee interest for which
no cash consideration has been paid
or received.
Developer
Above Space for Recorder's Use
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR THE MCMILLIN OTAY RANCH VILLAGE SIX R-l, R-3, R-4 AND R-6
(Conditions: 1, 2, 3, 4, 5, S, 10, 11, 12, 13, 14, 17, 19, 20, 21, 22, 24,
25, 31, 34, 43, 46, 55, 57, 60, 63, 75, 79, 80, 81, 93, 95, 97, 98, 102,
104, 109, 112, 113,116, 117, 119, 121,122, 123,129, 141,142, 143,
144, 145, 147, 150, 15t, 152, 153,157, 158, 162, 164, 165,166, 167,
168, 172, and 173 of Resohition No. 2002-060)
This Supplemental Subdivision Improvement Agreement ("Agreement") is made this day
of__, 2002, by and between THE CITY OF CHULA VISTA, California CCity" or "Grantee" for
recording purposes only) and the si~ators of th/s Agreement, McMillin Otay Ranch, LLC, a
Delaware Limited Liability Company, ("Developer" or "Grantor"), with reference to the facts set
forth below, which recitals constitute a part of this Agreement:
RECITALS
A. This Agreement concerns and affects certain real property located in Chula Vista, California,
more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property").
The Property is part ofMcMillin Otay Ranch Village 6; a master planned development. For purposes
of this Agreement the term "Project" shall also mean "Property". Developer has applied for final
maps for the Property, more specifically known as McMillin Otay Ranch Village 6 R-l, R-3, R4 and
R-6.
C. Developer and/or Developer's predecessor in interest has applied for and the City has
approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 02-03 ("Tentative
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Subdivision Map") for the subdivision of the Property.
D. The City has adopted Resolution No. 2002-060 ("Resolution") on February 26, 2002,
pursuant to which it has approved a Tentative Subdivision Map subject to certain conditions as more
particularly described in the Resolution.
E. City is willing, on the premises, security, terms and conditions herein contained to approve
the final maps of the properties known as McMillin Otay Ranch Village Six R-I, R-3, R-4 and R-6
as being in substantial conformance with the Tentative Subdivision Map described in this
Agreement. Developer understands that subsequent final maps may be subject to the same security,
terms and conditions contained herein.
F. The following defined terms shall have the meaning set forth herein, unless otherwise
specifically indicated:
1. For the purposes of this Agreement, "Final Maps" means the final maps for
McMillin Otay Ranch Village Six R-l, R-3, R-4 and R-6.
2. "Owner or Developer" means the person, persons or entity having a legal or an
equitable interest in the property or parts thereof and includes Owner's successors-in-interest and
assignors of any property within the boundaries of the maps. This includes McMillin Otay Ranch,
LLC and any and all owners of real property within the boundaries of the Property.
3. - "guest builder" means those entities obtaining any. interest inth¢ Property. ora
portion of the Property, after the Final Maps have been recorded.
4. "PFFP" means the Otay Ranch Village Six SPA Plan Public Facilities Finance
Plan adopted by Resolution No. 2002-022 as may be amended fi:om time to time.
5. "RMP 2" means the Otay Ranch Resource Management Plan, Phase 2,
approved by the City Council on June 4, 1996, as may be amended from time to time.
6. "Preserve/Owner Manager" is the entity or entities defined by the RMP 2 with
the duties and responsibilities described therein.
7. "Lot OS-21" refers to the Common Useable Open Space lot on the Tentative
Subdivision Map.
8. "Village Six SPA" means the Village Six Sectional Planning Area Plan as
adopted by the City Council on January 22, 2002 pursuant to Resolution No. 2002-022.
NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein
contained, the parties agree as set forth below.
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1. Performance Obligation. McMillin Otay Ranch LLC, signator to this Agreement,
represents to the City that it is acting as the master developer for this Project and expressly assumes
performance of the all obligations of this Agreement: Notwithstanding the foregoing, all parties to
this agreement acknowledge and agree that all such obligations remain a covenant running with the
land as set forth more particularly in paragraph 2 below. The City in its discretion will make a good
faith effort to execute on bonds seeming the obligations contained herein to the extent necessary to
complete any unfulfilled obligations of the master developer.
2. Agreement Applicable to Subsequent Owners.
a. Agreement Binding Upon Successors. This Agreement shall be binding up6n
and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the
Property until released by the mutual consent of the parties.
b. Agreement Runs with the Land. The burden of the covenants contained in this
Agreement ("Burden") is for the benefit nfthe Property and the City, its successors and assigns and
any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own
right and for the purposes of protecting the interest of the community and other parties public or
private, in whose favor and for whose benefit of such covenants nmning with the land have been
provided without regard to whether City has been, remained or are owners of any particular land or
interest therein. If such covenants are breached, the City shall have the right to exercise all rights
and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to
enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the
covenants may be entitled.
c. Developer Release on Guest Builder Assignments. Ir'Developer assigns any
portion of the Project to a guest builder, Developer may request to be released fi.om Developer's
obligations under this Agreement, that are expressly assumed by the guest builder. Developer must
obtain the written consent of the City to such release. Such assignment to the guest builder shall,
however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant
umn~ng with the land. The City shall not withhold its consent to any such request for a release so
long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the
obligations of the Developer under this Agreement, and demons~ates, to the satisfaction of the City,
its ability to perform its obligations under this Agreement as it relates to the portion of the Project
which is being acquired by the Assignee.
d. partial Release of Developer's Assignees. If Developer assigns anyportion of
the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee,
the City shall release the assignee of the Burden of this Agreement as to such assigned portion if
such portion has complied with the requirements of this Agreement to the satisfaction of the City and
such partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder
of the Burden will not be completed.
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e. Release of Individual Lots. Upon the occurrence of any of the following events,
Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's
designee), have the right to release any lot(s) from Developer's obligation under this Agreement:
i. The execution of a purchase agreement for the sale of a residential lot to
a buyer of an individual housing unit;
ii. The conveyance ora lot to a Homeowner's Association.
The City shall not withhold its consent to such release so long as the City finds'in good faith that
such release will not jeopardize the City's assurance that the obligations set forth in this Agreement
will be performed. At the request of the Developer, the City Manager (or Manager's designee) shall
execute an instrument drafted by Developer in a recordable form acceptable to the City Manager (or
Manager's designee), which confirms the release of such lot or parcel from the encUmbrance of this
Agreement.
Notwithstanding the foregoing, i) at' the close of an individual homeowner's escrow, or ii)
conveyance to a homeowner's association of any lot or parcel encumbered by this Agreement, such
lot or parcel shall be automatically released from the encumbrance hereof.
3. Condition No. 1 - (General Preliminary) In satisfaction of Condition No. 1 of the
Resolution, Developer hereby agrees that all of the terms, covenants and conditions contained within
the Resolution shall be binding upon and inure to the benefit of the heirs, successors, assigns and
representatives of the Developer as to any or all of the Property.
4. Condition No. 2 - (General Preliminary). In satisfaction of Condition No. 2 of the
Resolution, Developer agrees to comply with all requirements and guidelines of the City of Chula
Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape Manual;
Chula Vista Desig~ Manual; Otay Ranch General Development Plan, Otay Ranch Resource
Management Plan, Phase 1 and Phase 2; Ranch Wide Affordable Housing Plan; Otay Ranch Overall
Design Plan; Second-Tier Environmental Impact Report (EIR 98-01); Otay Ranch Village Six
Sectional Planning Area (SPA) Plan and supporting documents including: Public Facilities Finance
Plan; Parks, Recreation, Open Space and Trails Plan; SPA Affordable Housing Plan; and the Non-
Renewable Energy Conservation Plan as amended from time to time, unless specifically modified by
the appropriate department head, with the approval of the City Manager. These plans may be subject
to minor modifications by the appropriate department head, with the approval of the City Manager,
however, any material modifications shall be subject to approval by the City Council.
5. Condition· No. 3 - (General Preliminary). In satisfaction of Condition No. 3 of the
Resolution, Developer hereby agrees that if any of the terms, covenants or conditions contained
within the Resolution shall fail to occur or if they are, by their terms, to be implemented and
maintained over time, if any of such conditions fail to be so implemented and maintained according
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to their terms, the City shall have the right to revoke or modify all approvals herein granted including
issuance of building permits, deny, or further condition the subsequent approvals that are derived
from the approvals herein granted, institute and prosecute litigation to compel their compliance with
said conditions or seek damages for their violation.
6. Condition No. 4 - (General Preliminary). In satisfaction of Condition No. 4 of the
Resolution, Developer hereby agrees to indemnify, protect, defend and hold the City harmless from
and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges
to the Environmental Impact Report and subsequent environmental review for the Project and any or
all entitlements and approvals issued by the City in connection with the Project...
7. Condition No. 5 (General Preliminary). In satisfaction of Condition No. 5 of the
Resolution, the Developer agrees to comply with all applicable Village Six SPA conditions of
approval, (PCM 99-15) as may be amended from time to time.
· 8. Condition No. 8- (Gene~'al Preliminary). In satisfaction of Condition No. 8 of the
Resolution, the Developer agrees to provide funds to the Reserve Fund as required by the Reserve
Fund Program. Developer fin't, her agrees, pursuant to the provisions of the Growth Management
Ordinance and the Otay Ranch General Development Plan (GDP), to participate in the funding of the
preparation of an annual report monitoring the development of the community of Otay Ranch. The
annual monitoring report will analyze the supply of, and demand for, public facilities and services
governed by the threshold standards. Developer further agrees that an annual review shall
commence following the first fiscal year in which residential occupancy occurs in the Project and is
to be completed during the second quarter of the following fiscal year. Developer further agrees that
the annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP.
9. Condition No. 10 - (General PreDminary). In satisfaction of condition No. 10 of
the Resolution, the Developer agrees to comply with the terms of the Conveyance Agreement, as
may be amended fi-om time to time, adopted by ResolUtion No. 18416 by the City Council on
October 22, 1996 ("Conveyance Agreement"), to the satisfaction of the Director of Planning and
Building.
10. Condition No. 11 - (General Preliminary). In satisfaction of condition No. 11 of
the Resolution, Develop.er agrees that should any of these conditions conflict with the Olympic
Parkway Financing and Construction Agreement approved by Council Resolution 19410, the
Olympic Parkway Final. 'ting and Construction Agreement shall control.
11. Condition.No. 12 - (Environmental). In satisfaction of condition No. 12 of the
Resolution, the Developer agrees to implement, to the satisfaction of the Director of Planning and
Building, all environmental impact mitigation measures identified in Final EIR 98-01
(SCH#2001041033), the candidate CEQA Findings and Mitigation Monitoring and Reporting
Program (Final EIR 98-01) for this project.
12. Condition No. 13 - (Compliance). In satisfaction of condition No. 13 of the
Resolution, the Developer agrees to comply with all applicable requirements of the California
D~artment offish and Game, the Califurnia State Water Resources Quality ControlBoard, the U.S.
Fish and Wildlife Service and the U.S. Army Corps of Engineers. Developer further agrees that
prior to any activity that may potentially impact biological resources, such as clearing and grubbing, the
Developer shall comply with all applicable requirements prescribed in the Otay Ranch Village Six
Second-Tier Environmental Impact Report (EIR 98-01)(SCH#2001041033), and Mitigation
Monitoring and R~orting Program.
13. Condition No. 14 - (Take Permit). In satisfaction of condition No. 14 of the
Resolution, the Developer agrees to apply for and receive a take permi'dauthorization from the U.S.
Fish and Wildlife Service and California Department of Fish and Game, or to comply with the
approved City of Chula Vista MSCP Subarea Plan, if applicable to the Project.
14. Condition No. 17 - (POM). In satisfaction of condition No. 17 of the Resolution,
the Developer agrees that simultaneou/ty with conveyance of land to the Preserve Owner/Manager
(PO1Vo in fee title or by easement, the Developer shall cease all cattle grazing on the land to be
conveyed. In addition, the Developer agrees to ensure through the maintenance of existing fencIng
or gating, if sufficient, or the construction of new fencing or gating, if deemed necessaryby the City,
that cattle from adjacent areas cannot access the land being conveyed. Developer further agrees to
comply with the requirements of the RMP, Phase Two, Range Management Plan to the satisfaction
of the Director of Planning and Building.
15. Condition No. 19 - (POM). In satisfaction of Condition Nos. 19, the Developer
agrees as follows:
a. The Developer provided the City with Irrevocable Grants of Fee Title and
Conservation Easement Deeds of real property in accordance with the ~ 2, a portion of which is
intended to satisfy the particular acreage conveyance obligation of the Final Maps at a rate of 1.188
acres of conveyance per acre of area within the Final Maps, as of the date of this Agreement. But
such obligation may be subject to change in accordance with paragraph c below. Any remaining
amount shall be credited towards any future map obligations.
b. That such dedicated property shall be granted in fee title to the City and County of
San Diego as joint tenants and subject to the approval of the Preserve Owner/Manager. Should the
Preserve Owner/Manager not approve tiffs conveyance, Developer agrees to convey equivalent real
property that complies w!th this provision.
c. That Developer shall convey additional real property, if necessary; in order to
comply with the conveyance formula described in RMP 2, as may be amertded by City. Developer
acknowledges that the amended R/VIP 2 may contain a conveyance formula greater than 1.188 acres
per developable acre.
d. That all land to be conveyed as described above shall be free and clear of liens and
encumbrances except for easements for existing public infrastructure and other easements approved
by the City or for planned public infrastructure as permitted in the RMP, Phase 2. Developer further
agrees to pay all taxes and assessments as they came due as to the land to be conveyed until title has
legally transferred to the City and County of San Diego.
e. Developer acknowledges that property within the boundaries of the "A" Map which
will be the subject of future final maps may have conveyance obligations to fulfill for all
development areas, including applicable streets, open space lots, paseos, pedestrian parks and slope
areas shown on the "A" Map.
16. Condition No. 20- (Maintenance Agreement). In satisfaction of condition No. 20
of the Resolution, the Developer agrees to enter into a maintenance agreement with the City or its
designee for the Otay Ranch Preserve, upon request of the Director of Planning and Building.
17. Condition No. 21 - (Annexation to Preserve Maintenance District Improvement
Area "A"). In partial satisfaction of Condition No. 21 of the Resolution, Developer acknowledges
and agrees that no production home building permits for the project shall be issued until approval by
the City Council of the annexation of Village 6 to Improvement Area "A" of Community Facilities
District No. 97-2 - Otay Ranch Preserve Maintenance District and the Ordinance authorizing the
levy of special taxes for said District is in full force and effect. Developer further agrees to vote
affirmatively for: I) the annexation of any portion its ownership of Village 6 to said Preserve
Maintenance District Improvement Area "A"; and 2) the levy of special taxes for the purpose of
monitoring, operations and maintenance of the Otay Ranch Preserve in accordance with the RMP2.
Notwithstanding the adoption of said Ordinance and its being in full force and effect, building
permits may be issued upon payment of an endowment in an amount to be determined at the sole
discretion of the Director of Public Works, which proceeds therefrom shall be sufficient to fund in
perpetuity, the full monitoring, operations and maintenance costs of the Preserve Area conveyed for
the project per Condition No. 19 of the Resolution.
18. Condition No. 22 - (Noise Barriers). In satisfaction of condition No. 22 of the
Resolution, the Developer agrees that the noise barrier plan shall be incorporated into the wall and
fence plan, a component of the Landscape Master Plan and that should Developer subsequently
request modification of the approved noise barrier plan, the Developer shall provide additional
acoustical analysis if required by the Director of Plannlng and Building. Developer further agrees
that noise barriers shal! be constructed within dedicated open space lots and shall not be constructed
on private property.
19. Condition No. 24 - (Noise Barriers). In satisfaction of condition No. 24 of the
Resolution, the Developer agrees that unless the required noise barriers are constructed, no building
permits shall be issued for those lots within the noise contour of 65 CNEL or greater as described in
the Noise Technical Report for Otay Ranch Village Six, dated September 24, 2001, unless earlier
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modified by agreement with the City of Chula Vista, CTV or its successor in interest, and Developer.
Developer further agrees that noise barrier design and construction adjacent to 8R-125 shall be
coordinated with the City of Chula Vista, CALTRANS, and CTV or its successor in interest and that
noise barrier design and construction adjacent to SR-125 may be modified should a subsequent
acoustical study demonstrate to the satisfaction of the Director of Planning and Building that the
applicable noise standards will be achieved by a modified design.
20. Condition No. 25 - (Coordinate). In satisfaction of condition No. 25 of the
Resolution, the Developer agrees to make a good-faith effort to coordinate development and
implementation of the Village Six SPA Plan Area with all other developers within Village Six
including phasing, grading, improvements and dedication of fight-of-way.
21. Condition No. 31 - (Signage). In satisfaction of condition No. 31 of the
Resolution, the Developer agrees that prior to issuance of the first building permit, Developer shall
submit for review and approval a sign program to the director of Plarming and Building. Prior to
issuance of the fn:st building permit, Developer agrees to post temporary signs on all neighborhoods
within the Project indicating the future land use(s) for said sites with signage consistent with the sign
program and that temporary signs shall be maintained in place until such time as a project is
appmyed for any such future land use site.
22. Condition No. 34 - (Street Trees). In satisfaction of condition No. 34 of the
Resolution, the Developer agrees:
a. To install all street trees in accordance with Section 18.28.10 of the Chula Vista
Municipal Code;
b. That all street trees shall be planted in parkways, or as otherwise approved by the
Director of Planning and Building;
c. That street trees, which have been selected from the revised list of appropriate tree
species described in the Village Six Design Plan, Village Six SPA Plan and
Landscape Master Plan, shall be approved by the Director of Planning and Building
and the Director of Public Works;
d. That prior to the installation of any dry utilities, including by not limited to cable,
telephone, gas or electric lines, Developer agrees to complete preliminary street
improvement plans that show the locations of all future street trees; ·
e. All street tree improvement plans shall be subject to the review and approval of the
Director Building and Park Construction and the Director of Planning and Building;
f. That prior to any utility installation, wood stakes shall be placed and maintained in
the locations as shown on approved landscape plans and that such stakes shall remain
in place until 'all dry utilities are installed;
g. That said wood stakes shall be painted a bright color and labeled as fi~ture street tree
location;
h. To provide the City documentation, acceptable by the Director Building & Park
Construction and the Director of Planning and Building, that all utility companies
have been given notice that no dry utility line shall be located within five feet of the
wood stake in any direction; and
i. To maintain street tree identification stakes in a location as shown on approved plans
until all dry utilities are in place.
23. Condition No. 43- (PFDIF). In satisfaction of condition No. 43 of the Resolution,
the Developer agrees to participate in the funding of revisions of the Public Facilities Development
Impact Fee (PFDIF) Program, which shall be prepared by the City, as directed and requested by the
City Manager or his designee and subject to the approval of the City Council.
24. Condition No. 46 - (Fire). In satisfaction of condition No. 46 of the Resolution, the
Developer agrees to comply with the Fire Department's codes and policies for Fire Prevention, as
may be amended bom time to time. The Developer further agrees to provide the following items
either prior to the issuance of building pen'nit(s) for the Project, or prior to delivery of combustible
materials on any construction site on the Project, whichever occurs earlier:
a. Water supply consisting of fire hydrants as approved and indicated by the
Fire Department during plan check to the satisfaction of the Fire Department~
Any temporary water supply source is subject to prior approval by the Fire
Marshal.
b. Emergency vehicle access consisting of a minimum first layer of hard asphalt
surface or concrete surface, with a minimum standard width of 20 feet.
c. Street signs installed to the satisfaction of the Depa~'haent of Public Works.
Temporary street signs shall be subject to the approval of the Department of
Public Works and Fire Department. Developer acknowledges and agrees that
the locations and identification of temporary street signs shall be subject to
review and approval by the Department of Public Works and Fire
Department.
25. Condition No. 55 - (ADA). In satisfaction of condition No. 55 of the Resolution, the
Developer agrees to construct sidewalks and pedestrian ramps on all walkways to meet "Americans
with Disabilities Act" standards and as approved by the City Engineer. Developer acknowledges and
agrees that in the event the Federal Government adopts ADA standards for street rights-of-way,
wh/ch are in conflict with the standards and approvals contained herein, all such approvals
conflicting with those standards shall be updated to reflect those standards. Developer acknowledges
that unless otherwise required by federal law, City ADA standards may be considered vested, as
determined by Federal regulations, only after construction has commenced.
26. Condition No. 57 - (Pedestrian Bridge Funding Mechanism). In partial
satisfaction of Condition No. 57 of the Resolution, Developer agrees that no production home
building permits shall be issued for the project until an Ordinance, establishing a Pedestrian Bridge
Development Impact Fee (DIF) for Village 6 is in full force and effect. Developer shall provide,
contemporaneously with this Agreement, sufficient security in an amount equal t? the Developer's
fair share contribution of the construction cost of the Village 6 Pedestrian Bridges. The security shall
be in a form approved by the City Attorney (the bond description and amount are listed in Exhibit
"B" attached). Said security shall be released when the DIF is established and in full rome and effect.
Notwithstanding the requirement that the DIF for the pedestrian bridges be in full fome and effect,
building permits may be issued upon the payment of a deposit in an amount per each dwelling unit to
be determined in the sole discretion of the City Engineer.
27. Condition No. 60 - (Private Utilities). In satisfaction of condition No. 60 of the
Resolution, the Developer agrees to not install privately owned water, reclaimed water, or other
utilities crossing any public street. The installation of sleeves for future construction ofprivately
owned facilities may be allowed subject to the review and approval of the City Engineer if the
following is accomplished:
a. The developer enters into an agreement with the City where the developer
agrees to the following:
i. Apply for an encroachment permit for installation of the private facilities
within the public right-of-way; and,
ii. Maintain membership in an advance notice such as the USA Dig Alert
Service; and,
iii. Mark out any private facilities owned by the developer whenever work is
performed in the area; and,
iv. The terms of this agreement shall be binding upon the successors and assigns
6f the developer.
b. Shutoff devices as determined by the City Engineer are provided at those
locations where private facilities traverse public streets.
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28. Condition No. 63 - (Street Name Signs). In satisfaction of condition No. 63 of the
Resolution, the Developer agrees to install permanent street name signs prior to the issuance of the
first building permit for production homes for the applicable final map.
29. Condition No. 75 - (NPDES). In satisfaction of condition No. 75 of the Resolution,
the Developer agrees to the following:
a. That development of the subdivision shall comply with all applicable
regulations established by the United States Environmental Protection Agency
(USEPA) as set forth in the National Pollutant Discharge Elimination System
(N.P.D.E.S.) peru-dr requirements for urban runoff and storm water discharge
and any regulations adopted by the City of Chula Vista pursuant to the
N.P.D.E.S. regulations or requirements;
b. To file a Notice of Intent with'the State Water Resources Control Board to
obtain coverage under the N.P.D.E.S. General Permit for Storm Water
Discharges Asso6iated with Constmction Activity and shall implement a Storm
Water Pollution Prevention Plan (SWPPP) concurrent with the commencement
of grading activities;
c. That the SWPPP shall include both construction and post construction
pollution prevention and pollution control measures and shall identify funding
mechanisms for post construction control measures;
d. To comply with all the provisions of the N.P.D.E.S. and the Clean Water
Program during and after all phases of the development process, including but
not limited to: mass grading, rough grading, construction of street and
landscaping improvements, and consmaction of dwelling units;
e. To design the Project's storm drains and other drainage facilities to include
Best Management Practices to mlnirrfize non-point source pollution,
satisfactory to the City Engineeq,
f. That the San Diego Re~onal Water Quality Control Board has issued a new
Municipal Storm Water Permit (Order No. 2001-01) and that the permit
includes regulations such as implementation of Standard Urban Storm Water
· .Mitigation Plans (SUSMPS) and Numeric Sizing Criteria for new residential
deyelopment; and
g. To comply with all relevant City regulations and policies including, but not
limited to, incorporation into the design and implementation of the Project
temporary and permanent structural Best Management Practices and non-
structural mitigation measures that would reduce pollution of storm water
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runoff to the maximum extent practicable.
30. Conditions No. 79 and 80. - (Open Space). In satisfaction of conditions No. 79 and
80 of the Resolution, the Developer agrees that all wails, which are to be maintained by open space
districts, shall be constructed entirely within open space lots dedicated to the City. Developer further
agrees to provide a nfinimum of fi~_ree fee of fiat ground access form the face of any wall to the
beginning oftl~e slope rounding for wall maintenance, unless otherwise approved by the City Engineer.
31. Condition No. 93 - (Parks). In satisfaction of condition No. 93 of the Resolution, the
Developer agrees that at no time shall there be a deficit in local parks for the project.and that common
useable open space (CUOS) Lot OS-21 shall not receive park credit
32. Condition No. 95 - (Park Acquisition and Development Fees/Parkland
Dedication). In partial satisfaction of Condition No. 95 ofthe Resolution, Developer agrees m provide
the City with an Irrevocable Offer of Dedication ("IOD") for 4.67 acres at a location acceptable to the
City immediately upon City Council's approval of a General Development Plan amendment which
locates the approximately 70 acre cornmurfity park in Village 7 ("Amendment"). Should the City
Council vote not to approve the Amendrnent or should the City's Director of the Office of Building and
Parks Construction determine that no such GDP amendment will be presented to the City Council for
its consideration, Developer agrees, upon the request of and at the discretion of the City's Director of
the Office of Building and Parks Construction, to either pay PAD fees to satisfy the Project's park
obligation at the rate in effect at the time of the request, or provide the City with an IOD for 4.67 acres
in the Eastern Urban Center at a location acceptable to the City.
33. Condition No. 97- (Parks). In satisfaction ofconditionNo. 97 of the Resolution, the
Developer agrees that all parks shall be designed and constructed consistent with the provisions of the
Chula Vista Landscape Manual and related Planning and Building Depa~t~lent specifications and
policies.
34. Conditions No. 98 - (Landscape Master Plan). In satisfaction of conditions No. 98
of the Resolution, the Developer agrees that upon request of the Director Building and Park
Construction, Developer shall update the Project's Landscape Master Plan to conform to any changes
marie subsequent to the initial approval of the Plan.
35. Condition No. 102 - (park Utilities). In satisfaction of condition No. 102 of the
REsolution, the Developer agrees to install underground utilities to the propen'y line of the Project's
park site (P- 1 ) to the satisfaction of the Director Building and Park Construction and the City Engineer
concurrently with the installation of underground utilities for any portion of the Project adjacent to the
park site or upon request of the Parks and Recreation Director, which ever occurs earlier.
36. Condition No. 104 - (Connector Trails). In satisfaction of condition No. 104 of the
Resolution, the Developer agrees to construct the following trails contemporaneously with the
installation of the erosion control and landscaping: 1) A 6' wide neighborhood trail connector within a
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12' easement form the cul-de-sac at the north end of Oak Point Drive down to Olympic Parkway. 2) A
6' wide neighborhood trail connector within a 12' easement from the cul-de-sac on the west end of
Viewpark Way down to La Media Road. 3) A 6' wide neighborhood trail connector within a 12'
easement fi'om the intersection of Vendola Street and Bellagio Street down to Magdalena Avenue.
Developer Rmher agrees that final Wail design, alignment and construction details, including fencing
and signage shall be subject to approval by the Director Building & Park Construction and the Director
of Planning and Building.
37. Condition No. 109 - (Trail Signage). In satisfaction of condition No. 109 of the
Resolution, the Developer agrees that signage, as approved by the City, indicating location of trail
connections, handicap access, and bikeway locations to the Regional Trail, Village Pathway, and Chula
Vista Greenbelt, shall be installed upon the request of the Director Building and Park Construction and
Director of Planning and Building.
38. Condition No. 112- (Maintenance Distrie0. In partial satisfaction of Condition No.
112 of the Resolution, Developer hereby agrees to the following:
a. That an Ordinance authorizing the levy of special taxes for Maintenance
Community Facilities District 0SM ("CFD08M") shall be in full force and
effect prior to issuance of the first production home permit for the project.
b. Maintenance of public improvements and facilities shall be accomplished by
the Developer for a minimum period of one year, or until such time as
accepted into said CFD08M by the Director of Public Works.
39. Condition No. 113 - (MHOA). In satisfaction ofeonditionNo. 113 of the Resolution,
the Developer agrees that no later than 60 days from City Council approval of the Final Maps for the
Project:
To submit evidence, acceptable to the City Engineer and the Director of Planning and
Building of the formation of a Master Homeowner's Association (M~OA), or another
financial mechanism acceptable to the City Manager. The Developer agrees that the
lVlHOA shall be responsible for the maintenance of those landscaping improvements
that are not to be Included in the proposed financial mechanism and that the City
Engineer and the Director of Planning and Building may require that some of those
improvements shall be maintained by the Open Space District. Developer agrees that
the final determination of wtfich improvements are to be included in the Open Space
Disffict and those to be maintained by the MHOA shallbe made during the Opm Space
District Pro~eedlngs. Developer further agrees that the MHOA shall be slructured to
allow annexation of future tentative map areas in the event the City Engineer and
Director of Planning and Building require such annexation of future tentative map areas
and that the MItOA formation documents shall be subject to the approval of the City
attorney; and,
13
b. To submit for City's approval the CC&Rs, grant of easements and maintenance
standards and responsibility of the MHOAs for the open space areas within the
Project area. Developer acknowledges that the MHOAs maintenance of public open
space, trails, parkways, and like areas may expose the City to liability. Developer
agrees to establish a MHOA that will hold the City harmless from any actions of the
MHOA in the maintenance of such areas; and,
c. To submit and obtain approval of the City Engineer and the Director of Planning and
Building ora list of all Otay Ranch Village Six SPA and MHOA facilities and other
items to be maintained by the proposed district. Developer acknowledges that
separate lists shall be submitted for the improvements and facilities to be maintained
by the Open Space District and those to be maintained by a Master Homeowner's
Association. Developer agrees to include a description, quantity and cost per year for
the perpetual maintenance of said improvements and that these lists shall include but
are not limited to the following facilities and improvements:
i. All facilities lo~ated on open space lots to include but not be limited to:
walls, fences, water fountains, lighting structures, paths, trails, access roads,
drainage structures and landscaping. Each open space lot shall also be broken
down by the number of acres of: 1) turf, 2) irrigated, and 3) non-irrigated
open space to aid in the estimation of a maintenance budget thereof.
ii. Medians and parkWays along Olympic ParkWay, La Media and Birch Road
(onsite and offsite) and all other street parkWays proposed for maintenance by
the applicable Community Facilities Disthct or Homeowners' Association.
iii. The proportional share of any proposed detention basin (temporary or
permanent) located in the Poggi Canyon Basin.
iv. The proportional share of the maintenance of the median and parkways along
that portion of Olympic Parkway adjoining the development as determined by
the City Eng/neer.
v. All storm-water quality structural BMP's serving the Project. (Engineering)
40. Condition No. 116- (Notice). In satisfaction ofconditionno. 116 oftheResolution,
the Developer agrees th~ future property owners shall be notified during escrow, by a document to be
initialed by the owners, of the maintenance responsibilities of the MHOA and their estimated annual
cost.
41. Condition No. ll7-(Lot OS-21 Maintenance). In satisfactionofconditionNo. 117
of the Resolution, the Developer agrees that Lot OS-21 shall be maintained by a maintenance entity as
det,~,,,in ed by the Director of Planning and Building based on City Council policy and that the facilities
14
in Lot OS-21 to be maintained by a maintenance entity include, but are not limited to: pavements,
sidewalks, street trees, street lights including power supply, private drainage facilities and landscaping
of private common areas. Developer further agrees that Lot OS-21, a Common Usable Open Space
area as described in the Chula Vista Design Manual, shall be landscaped, graded and contain amenities
to the satisfaction of the Director Building and Park Construction and that construction shall be
completed prior to the issuance of the final building permit in either Neighborhoods R-1 or R-3,
whichever occurs earlier. Developer acknowledges that Lot OS-21 shall have a minimum usable area
of 0.7 acre. Developer acknowledges that only if LOt OS-21 is maintained by a Master Home Owner's
Association, Developer shall receive CPF credit.
42. Condition No. 119 - (Open Space Walls). In satisfaction of condition No. 119 of the
Resolution, the Developer agrees to ensure that all buyers of individual lots adjoining open space lots,
containing walls maintained by the open space district, sign a statement, when purchasing their homes,
stipulating that they are aware that the walls are on City or HOA property and that they shall not modify
or supplement the wall or encroach onto the property.
43. Condition No. 121 - (Maintenance District). In satisfaction of condition No. 121 of
the Resolution, the Developer agrees to not protest formation or inclusion in a maintenance district or
zone for the maintenance of landscaped medians and scenic corridors along streets within or adjacent to
the subject subdivision.
44. Condition No. 122 - (Landscape Maintenance). In satisfaction ofconditionNo. 122
of the Resolution, the Developer agrees that six months prior to the schedule date of acceptance of
Landscape and Irrigation improvements for maintenance by the CFD, the Reserve Account is less than
the estimated cost of maintaining the open space lots to City standard for a period of six months
(Minimum Deposit Amount), the difference between these two amounts shall be incorporated into the
reserve account. Developer further agrees that if the Reserve Account is at or above the Minimum
Deposit Amount, the unused portion of the deposit may be returned to the Developer in 6 equal
monthly increments over the last six month's of the maintenance period if the maintenance is being
accomplished to the satisfaction of the Director Building and Park Construction.
45. Condition No. 123 - (Open Space). In satisfaction of condition No. 123 of the
Resolution, the Developer agrees that prior to City acceptance of any open space lots, the Developer
agrees to demoustmte to the satisfaction of the City Engineer, that the assessments/bonded indebtedness
for all parcels dedicated or granted in fee to the City have been paid or that no assessments exist on the
parcel(s).
46. Condition No. 129- (Signage). In satisfaction of condition No. 129 of the Resolution,
the Developer agrees to design landscape and irrigation plans such that street tree placement is not in
conflict with the visibility of any traffic signage. The Developer further agrees that Developer shall be
responsible for the removal of any obstructions of said traffic signs to the satisfaction of the City
Engineer.
47. Condition No. 141 - (Supplemental Agreemen0. In satisfaction of conclition No.. 141
of the Resolution, the Developer agrees to the following:
a. That the City may withhold building permits for the Project if any one of the
following occur:
i. Regional development threshold limits set by a Chula Vist'a
transportation phasing plan, as amended from time to time, have been
reached or in order to have the Project comply with the Growth
Management Program, as may be amended from time to time.
ii. Traffic volumes, levels of service, public utilities and/or s~rvices
either exceed the adopted City threshold standards or fail to comply
with the then effective Growth Management Ordinance, and Growth
Management Program and any amendments thereto. Public utilities
shall include, but not be limited to, air quality, drainage, sewer and
water.
iii. The required public facilities, as identified in the PFFP or as amended
or otherwise conditioned have not been completed or constructed to
the satisfaction of the City. The developer may propose changes in
the timing and sequencing of development and the construction of
improvements affected. In such case, the PFFP may be amended as
approved by the City's Director of Planning and Building and the
Public Works Director. The Developer agrees that the City may
withhold building permits for any of the phases of development
identified in the Public Facilities Financing Plan (PFFP) for Otay
Ranch Village Six SPA if the required public facilities, as identified
in the PFFP or as amended by the Annual Monitoring Program have
not been completed.
a. To defend, indemnify and hold harmless the City and its agents, officers and
employees, from any claim, action or proceeding against the City, or its
agents, officers or employees, to attack, set aside, void or annul any approval
by the City, including approval by its Planning Commission, City Council or
any approval by its agents, officers, or employees with regard to this
subdivision pursuant to Section 66499.37 of the State Map Act provided the
City promptly notifies the Developer of any claim, action or proceeding and
on .the further condition that the City fully cooperates in the defense.
b. Permit all cable television companies franchised by the City of Chula Vista
equal opportunity to place conduit and provide cable television service for
each lot or unit within the Tentative Map area. Developer further agrees to
grant, by license or easement, and for the benefit of, and to be enforceable by,
the City of Chula Vista, conditional access to cable television conduit within
the properties situated within the final map only to those cable television
companies franchised by the City of Chula Vista, the condition of such grant
being that:
i. Such access is coordinated with Developer's construction schedule so
that it does not delay or impede Developer's construction schedule
and does not require the trenches to be reopened to accommodate the
placement of such conduits; and
ii. Any such cable company is and remains in compliance with, and
promises to remain in compliance with the terms and conditions of
the franchise and with all other rules, regulations, ordinances and
procedures regulating and affecting the operation of cable television
companies as same may have been, or may from time to time be,
issued by the City of Chula Vista.
Developer hereby conveys to the City of Chula Vista the authority to enforce
said covenant by such remedies as the City determines appropriate, including
revocation of said grant upon determination by the City of Chula Vista that
they have violated the conditions of grant.
c. That the City may with_hold the issuance of building permits for the Project,
should the Developer be determined by the City to be in breach of any of the
terms of the Tentative Map Conditions or any Supplemental Agreement. The
City shall provide the Developer of notice of such determination and allow
the Developer reasonable time to cure said breach
e. Hold the City harmless from any liability for erosion, siltation or increase
flow of drainage resulting from this project.
f. Developer hereby agrees to defend, indemni~ and hold harmless the City,
and each of its officers, employees and agents from and against any and all
claims, actions and proceedings with regard to this subdivision, including
those related to an alleged violation of the terms, conditions, and
requirements of the Otay Ranch Resource Management Plan, Phase 1
.approved by the City Council on October 28, 1993, and the Otay Ranch
Resource Management Plan, Phase 2, approved by the City Council on June
4, I996, both as may be amended fi'om time to time, including approval of
maps and subdivisions and applications related thereto and to reimburse the
City, and each of its officers, employees and agents, for any court costs,
attorney's fees, awards and other litgafion expenses which it may be required
to pay because of such decisions or determinations, whether such proceed to
3.7
judgment or not.
48. Condition No. 14Z - (Congestion Management Plan). In satisfaction of condition
No. 142 of the Resolution, the Developer agrees to participate, on a fair share basis, in any deficiency
plan or financial program adopted by SANDAG to comply with the Congestion Management
Program (CMP). Developer further agrees to not protest the formation of any future regional impact
fee program or facilities benefit district to finance the construction of regional facilities.
49. Condition No. 143 - (Previous Agreements). In satisfaction ofconditionNo. 143 of
the Resolution, the Developer agrees to comply with all previous agreements as they pertain to these
final maps including the Desiltation and Maintenance Agreement dated October 19, 1999 and all
amendments hereto.
$0. Condition 1No. 144 - (Street Sweeping). In satisfaction of condition No. 144 of thc
Resolution, the Developer agrees that the Developer shall cause street sweeping to commence
immediately after the final residence, in each phase, is occupied and shall continue sweeping until
such time that the City has accepted the ~treet or 60 days after the completion of all punch list items,
whichever is shorter. The Developer further agrees to provide the City Special Operations Manager
with a copy of the memo requesting street sweeping service, which memo shall include a map of
areas to be swept and the date the sweeping will begin.
51. Condition No. 145 - (Regional Fee Program). In satisfaction of condition iqo. 145
of the Resolution, the Developer agrees to equitably participate in any future regional impact fee
program for regional facilities should the region enact such a fee program to assist in the construction
of such facilities. Developer further agrees to not protest the formation of any potential future
regional benefit assessment district formed to finance regional facilities.
52. Condition 1No. 147- (Transit Facilities). In satisfaction ofconditionNo. 147 of the
Resolution, the Developer agrees to construct and secure, the construction of transit stop facilities as
set forth in the PFFP. Developer further agrees that the City Engineer may require that Applicant
provide security guaranteeing the construction of said transit stops in a form of cash or any other
form approved by the City Engineer at his/her sole discretion and that since transit sm-vice
availability may not coincide with project development, the Developer agrees to install said
improvements when directed by the City.
53. Condition 1No. 150 - (Open Space). In satisfaction of condition No. 150 of the
Resolution, the Developer agrees to construct and secure open space landscape improvgrnents within
the map area.
$4. Condition No. 151 - (School Site). In satisfaction of condition No. 151 of the
Resolution, the Developer agrees to deliver to the Chula Vista Elementary School District, a 10-net
useable acre graded elementary school site including utilities provided to the site and an all weather
access road acceptable to the District, prior to issuance of the 1,050m residential building permit (352
studems) within Village Six SPA. The Developer further agrees that the all-weather access road
shall also be acceptable to the Fire Department and that this schedule is subject to modification by
the School District as based on District facility needs.
55. Condition No. 152 - (Utilities). In satisfaction of condition No. 152 of the
Resolution, the Developer agrees to install all public facilities in accordance with the Village Six
Public Facilities Finance Plan (PFFP), or as required to meet the Growth Management Threshold
standards adopted by the City and that the City Engineer may modify the sequence of improvement
construction should conditions change to warrant such a revision. The Developer further agrees to
comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth M~.nagement Ordinance) as
may be amended from time to time by the City. Developer acknowledges that said Chapter includes
but is not limited to Threshold Standards (19.09.040) Public Facilities Plan Implementation
(19.09.090) and Threshold Compliance Procedures (19.09.100).
56. Condition No. 153 - (Interim Utilities). In satisfaction of condition No. 153 of the
Resolution, the Developer agrees that the maintenance and demolition of all interim facilities (public
facilities, utilities and improvements) is the Developer's responsibility, and that construction,
maintenance and demolition bonds will be required to the satisfaction of the City Engineer.
57. Condition No. 157 - (GMOC). In satisfaction of condition No. 157 of the
Resolution, the Developer agrees that pursuant to the provisions of the Growth Management
Ordinance (Section 19.09 of the CVMC) and the Otay Ranch General Development Plan (GDP), and
as they may be amended from time to time, the Developer shall complete the following: (1) Fund the
preparation of an armual report monitoring the development of the community of Otay Ranch. The
annual monitoring report will analyze the supply of, and demand for, public facilities and services
governed by the threshold standards. An armual review shall commence following the first fiscal
year in which residential occupancy occurs and is to be completed during the second quarter of the
following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section
D of the GDP/SRP; and (2) Prepare a five year development phasing forecast identifying targeted
submittal dates for future discretionary applications (SPA's and tentative maps), projected
construction dates, corresponding public facility needs per the adopted threshold standards, and
identifying financing options for necessary facilities.
58. Condition No. 158- (Project Manager). In satisfaction of condition No. 158 of the
Resolution, the Developer agrees to retain a project manager to coordinate the processing of
discretionary permit applications originating from the private sector and submitted to the City of
Chula Vista. Dgveloper further agrees that the project manager shall establish a formal submittal
package required each developer to ensure a high standard ofdesigu and to ensure consistency with
standards and policies identified in the SPA Plan. Developer further agrees that the pmject manager
shall have a well-rounded educational background and experience, including but not limited to land
use planning and architecture.
59. Condition No. 162- (PFFP). In satisfaction ofconditionNo. 162 of the Resolution,
the Developer agrees that the Public Facility Finance Plan (PFFP) or revisions thereto shall be
adhered to for the SPA and tentative maps with improvements installed by Developer in accordance
with said plan or as required to meet threshold standards adopted by the City of Chula Vista. The
Developer acknowledges that the PFFP identifies a facility phasing plan based upon a set of
assumptions concerning the location and rate of development within and outside of the project area
and that throughout the build-out of Village Six SPA, actual development may differ from the
assumptions contained in the PFFP. The Developer agrees that neither the PFFP nor any other
Village Six SPA Plan document grant the Developer an entitlement to develop as assumed in the
PFFP, or limit the Village Six SPA's facility improvement requirements to those identified in the
PFFP. The Developer acknowledges that compliance with the City of Chula Vista threshold
standards, based on actual development patterns and updated forecasts in reliance on changing
entitlements and market conditions, shall govern Village Six SPA development patterns and the
facility improvement requirements to serve such development. Developer further agrees that the
sequence in which improvements are constructed shall correspond to any transportation phasing plan
or amendment to the Growth Management Program and Ordinance adopted by the City and that the
City Engineer and Director of Planning and Building may, at their discretion, modify the sequence,
schedule, alignment and design of improvement construction should conditions change to warrant
such a revision.
60. Condition No. 164 - (Municipal Code). In satisfaction of condition No. 164 of the
Resolution, the Developer agrees to comply with all applicable sections of the Chula Vista Murdcipal
Code and that preparation of the Final Maps and all plans shall be in accordance with the provisions
of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision
Manual. Developer further agrees to underground all utilities within the subdivision in accordance
with Municipal Code requirements.
61. Condition No. 165- (Fees). In satisfaction of condition No. t 65 of the Resolution,
the Developer agrees to pay the following fees in accordance with the City Code and Council Policy:
a. The Transportation and Public Facilities Development Impact Fees.
a. Signal Participation Fees.
b. All applicable sewer fees, including but not limited to sewer connection fees.
c. Interim SR-125 impact fee.
d. Poggi Canyon Sewer Basin DI~.
Developer agrees to pay the amount of said fees in effect at the time of issuance of building permits.
62. Condition No. 166 - (Compliance). In satisfaction of condition No. 166 of the
2O
'7/
Resolution, the Developer agrees to comply with all relevant Federal, State, and Local regulations,
including the Clean Water Act. The Develope~' acknowledges and agrees that Developer will be
responsible for providing all required testing and documentation to demonstrate said compliance as
required by the City Engineer.
63. Condition No. 167- (Notice of Special Taxes). In satisfaction ofcondifionNo. 167 of
the Resolution, the Developer agrees that prospective purchasers sign a "Notice of Special Taxes and
Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments.
64. Condition No. 168 - (Compliance). In satisfaction of condition No. 168 of the
Resolution, the Developer agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code
(Growth Management) as may be amended fi.om time to time by the City. Said chapter includes but is
not limited to: threshold standards (19.09.04), public facilities finance plan implementation
(19.09.090), and public facilities finance plan amendment procedures (19.09.100).
65. Condition No. 172 - (Parkway Maintenance). In satisfaction ofcondifionNo. 172 of
the Resolution, the Developer agrees that street parkways within the Project shall be maintained by an
entity such as a Master Home Owner's Association (Mt-IOA) or a Community Facilities District (CFi))
and that private homeowners shall not maintain the parkways. Developer agrees that street parkways
shall be designated as recycled water use areas, if approved by the Otay Water District and San Diego
County Health.
66. Condition No. 173 - {Walls). In satisfaction of condition No. 173 of the Resolution,
the Developer agrees that prior to the construction of solid masonry, view walls or like walls which will
adjoin a wall constructed by a different developer, a transition wall plan shall be submitted to the City
and is subject to the approval of the Director of Planning and Building. Developer further agrees to
work together w/th other developers of Village Six to the satisfaction of the Director of Planning and
Building in order to construct transitions between adjoining walls.
67. Affordable Housing. Developer agrees to enter into an agreement with the City of
Chula Vista, prior to approval of each Developer's first final "B" map, regarding the provision of
affordable housing. Developer further agrees that the agreement shall be in accordance with the Chula
Vista Housing Element, the Ranch Wide Affordable Housing Plan and the Village Six Affordable
Housing Plan.
68. Satisfaction of Conditions. City agrees that the execution of this Agreement
constitutes satisfaction'of Developer's obligation of Conditions: 1, 2, 3, 4, 5, 8, 10, 11, 12, 13, 14, 17,
19, 20, 21, 22, 24, 25, 31, 34, 43, 46, 55, 57, 60, 63, 75, 79, 80, 81, 93, 95, 97, 98, 102, 104, 109,
112, 113, 116, 117, 119, 121,122, 123, 129, 141,142, 143, 144, 145, 147, 150, 151,152, 153, 157,
158, 162, 164, 165, 166, 167, 168, 172, and 173 of the Resolution. Developer further understands
and agrees that some of the provisions herein may be required to be performed or accomplished prior
to the approval of other final maps for the Project, as maybe appropriate.
21
69. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that
Developer shall comply with all unfulfilled conditions of approval of the Tentative Subdivision Map,
established by the Resolution and shall remain in compliance with and implement the terms,
conditions and provisions therein.
70. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously
with the recordation of the Final Maps.
71. Building Permits. Developer understands and agrees that the City may withhold the
issuance of building permits and all other permits for the entire Village Six SPA project area, should
the Developer be determined by the City to be in breach of any of the terms of this Agreement. The
City shall provide the Developer of notice of such determination and allow the Developer reasonable
time to cure said breach. Developer further acknowledges and agrees that the City may withhold
building permits within the Final Maps as defined herein if the required public facilities for the
Village Six SPA, as defined in the PFFP or as amended by the Annual Monitoring Program or
otherwise conditioned, have not been completed or constructed to the satisfaction of the City.
72. Miscellaneous.
a. Notices. Unless otherwise provided in this Agreement or by law, any and all
notices required or permitted by this Agreement or by law to be served on or delivered to either party
shall be in writing and shall be deemed duly served, delivered, and received when personally
delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have,.
elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first-
class postage prepaid, addressed to the address indicated in this Agreement. A party may change
such address for the purpose of this paragraph by giving written notice of such change to the other
parry..
CITY OF CHULA VISTA
276 Fourth Avenue
ChulaVista, CA. 91910
Arm: Director of Public Works
McMillin Otay Ranch LLC
2727 Hoover Avenue
National City, CA 91950
Attn: Frank Zaidle
Fax (619) 336-3112
A party may change such address for the purpose of this paragraph by giving written notice of such
change to the other party in the manner provided in tiffs paragraph.
b. Captions. Captions in this Agreement are inserted for convenience of reference
22
and do not define, describe or limit the scope or intent of this Agreement or any of its terms.
¢. Entire Agreement. This Agreement contains the entire agreement between the
parties regarding the subject matter hereof. Any prior oral or written representations, agreements,
understandings, and/or statements shall be of no force and effect. This Agreement is not intended to
supersede or amend any other agreement between the parties unless expressly noted.
d. Preparation of Agreement. No inference, assumption or presumption shall be
drawn fi.om the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be
conclusively presumed that both parties participated equally in the preparation a.¢d/or drafting this
Agreement.
e. Assignablity. Upon request of the developer, any or all on-site duties and
obligations set forth herein may be assigned to developer's successor in interest if the City manager
in his/her sole discretion determines that such an assignment will not adversely affect the City's
interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a
substitution of securities by the successor in interest in place and stead of the original securities
described herein so long as such substituted securities meet the criteria for security as set forth
elsewhere in this agreement. Such assignment will be in a form approved by the City Attorney.
f. Recitals; Exhibits. Any recitals set forth above and exhibits attached hereto are
incorporated by reference into this Agreement.
g. Attorneys' Fees. If either party commences litigation for the judicial
interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a
judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred.
The. "prevailing party" shall be deemed to be the party who is awarded substantially the relief
sought.
[NEXT PAGE IS PAGE ONE OF SIGNATURE PAGES]
23
[PAGE ONE OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE MCMILLIN OTAY RANCH VILLAGE SIX
R-1 AND R-3 MAP]
CITY OF CHULA VISTA
Mayor of the City of Chula Vista
Attest:
Susan Bigelow
City Clerk
Approved as to Form:
John M. Kaheny
City Attorney
DATED: ,2002
[NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES]
24
[[PAGE TWO OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE MCMILLIN OTAY RANCH VILLAGE SIX
R-l, R-3, R--4 AND R-6]
DEVELOPERS/OWNERS:
McMillin Otay Ranch LLC,
A Delaware limited liability company
By: McMillin Companies LLC
Its: Managing Member
(ATTACH NOTARY ACKNOWLEDGMENTS)
List of Exhibits
Exhibit A Legal Description of Property
Exhibit B List of Pedestrian Bridge Bond
j :\En gin eerkl~.N DD EV~Pr oj ectsWic M illin Otay P~an ch\Village 6\OR412FSOR410123F SSIA Rev3.dcc
EXHIBIT A-1
~-13715H .....
LEGAL DESCRIPTION
FOR VILLAGE 6, R-1
A parcel of land being Lot I of McMillin Otay Ranch, Village 6, "A" Hap, according
to the Hap thereof No. 14432 recorded August 30, 2002 as File No. 2002-
0744379, in the City of Chula Vista, on file in the Office of the County Recorder
of San Diego County, State of California.
M. Coram, L.$. 5059
2~/!3715h.00!
EXHIBIT A-2
0-13715I
LEGAL DESCRIPTION
FOR VILLAGE 6, R-3
A parcel of land being Lot 3 of McMiltin Otay Ranch, Village 6, "A" Map, according
to the Map thereof No. 14432 recorded August 30, 2002 as File No. 2002-
0744379, in the City of Chula Vista, on file in the Office of the County Recorder
of San Diego County, State of California.
EXH/BIT A-3
3-137151
LEGAL DESCRIPTION
FOR VILLAGE 6, R-4
A parcel of land being Lot 4 of McMillin Otay Ranch, Village 6, "A" Map, according
to the Hap thereof No. 14432 recorded August 30, 2002 as File No. 2002-
0744379, in the City of Chuia Vista, on file in the Office of the County Recorder
of San Diego County, State of California.
3D/13715kOD1
EXHIBIT A-4
0-137151
LEGAL DESCRIPTION
FOR VILLAGE 6, R-6
A parcel of land being Lot 6 of McMiltin Otay Ranch, Village 6, "A" Map, according
to the Map thereof No. 14432 recorded August 30, 2002 as File No. 2002-
0744379, in the City of Chula Vista, on file in the Office of the County Recorder
of San Diego County, State of California.
2-q/13715LOOl
}
STATE OF CALIFORNIA }ss.
COUNTY OF SAN DIEGO }
On November 5, 2002 , before me, Elizabeth M. Breid, Notary Public
personally appeared Frank Zaidle and Thomas A. Fuller., personally known to me to be the
persons whose names are subscribed to the within instrument and acknowledged to me that
they executed the same in their authorized capacities, and that by their signatures on the
instrument the persons or the entity upon behalf of which the persons acted, executed the
instrument.
WITNESS my hand and official seal.
Signature~ ¢¢ ~,/,~,~ Z~ , (7'~ ~
Supplemental Subdivision Improvement Aqreement Otay Ranch Villaqe 6 R1, R3, R4 & R6
Date of Document November 5, 2002 No. of Pages
:1""
EXHIBIT "B"
PEDESTRIAN BRIDGE
CHULA VISTA TRACT NO. 02-03
MCMILLIN OTA Y RANCH VILLAGE SIX R-l, R-3, R-4, R-6
~~~~
Pedestrian Bridge Fair Share
Contribution
$565,960.00
1884474
Tentative Map
Condition No. 57
d.~-&3
'le¡v clfJ1'¡) -
RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING WRITTEN' RESPONSES TO wRITTEN OBJECTIONS TO
THE FOURTH AMENDMENT TO THE SOUTHWEST
REDEVELOPMENT PLAN AND HOLDING THE USE OF EMINENT
DOMAIN IN ABEYANCE IN THE 100 BLOCK OF JACQUA STREET
FOR A PERIOD OF THREE (3) YEARS WHILE THE PROPER ZONING
FOR JACQUA STREET IS DETERMINED
WHEREAS, the City Council of the City of Chula Vista ("City Council") adopted
Ordinance No. 2420 on November 27, 1990, approving and establishing the Redevelopment Plan
for the Southwest Redevelopment Project, and the City Council has since amended said
Redevelopment Plan on July 9, 1991 by Ordinance No. 2467, on November 6, 1994 by Ordinance
No. 2612, and on August 22, 2000 by Ordinance No. 2819 ("Plan"); and
WHEREAS, in accordance with Section 33333.2 of the California Community
Redevelopment Law, Health and Safety Code Section 33000 et seq. ("Law"), the use of eminent
domain powers can only occur within twelve (12) years trom the date of adoption of the Fourth
Amendment to the Redevelopment Plan ("Fourth Amendment"); and
WHEREAS, the Redevelopment Agency of the City of Chula Vista ("Agency") has
requested that the City Council consider the Fourth Amendment in order to extend the authority to
use eminent domain for property acquisition purposes in the Southwest Redevelopment Project
Area ("Project Area"); and
WHEREAS, on August 6, 2002 and September 10, 2002, the City Council and Agency held
ajoint public hearing ("Joint Public Hearing") on the proposed Fourth Amendment; and,
WHEREAS, at the Joint Public Hearing, the Mayor, as the presiding officer, called for
public testimony, and all persons present were afforded the opportunity to testify and submit
materials; and,
WHEREAS, written objections were presented at or prior to the Joint Public Hearing; and,
WHEREAS, on September 10, 2002 a petition was submitted by the property owners of the
100 Block of Jacqua Street requesting that said block be re-zoned trom M-54 to a residential zoning
("Jacqua Street Rezone Petition"); and
WHEREAS, Section 33363 of the Health and Safety Code provides that, where written
objections are received at or prior to the hearing concerning the adoption or amendment of a
redevelopment plan, the legislative body: ".. .shall. ..respond in writing to the written
objections...The written responses shall describe the disposition of the issues raised. The
legislative body shall address the written objections in detail, giving reasons for not accepting the
specified objections and suggestions. The legislative body shall include a good-faith, reasoned
analysis in its response"; and,
WHEREAS, City staff has reviewed the written ol;>jections presented at the Joint Public
Hearing, and has participated in the preparation of responses to said objections ("Responses"), in
the fOlm submitted herewith as Exhibit "A"; and,
WHEREAS, the City Council has reviewed in detail the objections presented at the Joint
Public Hearing and the Responses, together with all testimony and reports presented at the Joint
Public Hearing.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
hereby:
1. Approves and adopts the Responses attached hereto as Exhibit "A" as its findings
and response to the written objections presented at or prior to the Joint Public
Hearing.
2. Overrules all objections to the Fourth Amendment to the Southwest Redevelopment
Plan.
3. Directs the City's General Plan Update Team to consider the Jacqua Street Rezone
Petition and to study and determine the most appropriate zoning for the area.
4. Holds in abeyance the use of eminent domain in the 100 block of Jacqua Street
until final action with respect to the Jacque Street Rezone Petition is taken by the
city Council as part of the General Plan Update process, or otherwise.
Presented by Approved as to form by
Chris Salomone
Director of Community Development
H:\CITY CLERK\Eminent Domain Response Reso rev.doc
PAGE 1, ITEM NO.: ~y~
MEETING DATE: 11-12-02
CITY COUNCIL AGENDA STATEMENT
ITFJ4 TITLE: CONSIDERATION OF A) WRITTEN RESPONSES TO WRITTEN OBJECTIONS;
B) HOLDING THE USE OF EMINENT DOMAIN IN ABEYANCE IN THE
JACQUA STREET NEIGHBORHOOD, C) NEGATIVE DECLARATION, AND D)
FOURTH AMENDMENT TO THE SOUTHWEST REDEVELOPMENT PROJECT
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING WRITTEN RESPONSES TO WRITTEN OBJECTIONS TO THE
FOURTH AMENDMENT TO THE SOUTHWEST REDEVELOPMENT PLAN AND
HOLDING THE USE OF EMINENT DOMAIN IN ABEYANCE IN THE 100
BLOCK OF JACQUA STREET FOR A PERIOD OF THREE (3) YEARS WHILE
THE PROPER ZONING FOR JACQUA STREET IS DETERMINED
RESOLUTION OF'THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE NEGATIVE DECLARATION FOR THE FOURTH
AMENDMENT TO THE SOUTHWEST REDEVELOPMENT PLAN
ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING THE FOURTH
AMENDMENT TO THE SOUTHWEST REDEVELOPMENT PLAN
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR
REVIEWED BY: EXECUTIVE DIRECTOR.
4/5THS VOTE: YES
BACKGROUND
During the past several months, the Redevelopment Agency/City Council has been in the process of
amending the Southwest Redevelopment Plan to extend the Agency's authority to use eminent domain.
The current period for the use of eminent domain expires in November 2002. California Redevelopment
Law allows the Agency/City Council to extend this authority for an additional 12 year period through an
amendment to the Redevelopment Plan. Under the proposed Fourth Amendment, eminent domain
cannot be used on residential property in residential zones, which would continue the current policy since
the Plan was adopted in 1990.
On August 6, 2002, the Council/Agency conducted a public hearing on the proposed amendment.
Approximately 75 persons appeared at the August 6 public hearing with a variety of questions and
concerns. The Agency/Council continued the hearing to September 10, 2002, and requested staff to
conduct a community informational meeting, which was held on August 28, 2002. On September 10,
2002, the continued public hearing was closed after the City Council/Agency received additional input.
At this last meeting, a group of properly owners from Jacqua Street (see Attachment A - Map) delivered a
petition to the Redevelopment Agency requesting that the 100 block Jacqua Street be re-zoned to
residential (see Attachment B - Petition). Staff addresses this issue later in this report.
PAGE 2, ITEM NO.:
MEETING DATE: '11-12-02
After completing the public hearing portion of the process, the next step involves the following actions to
be considered at tonight's meeting: 1) the City Council adopting its formal written response to written
objections filed at the public hearings and holding the use of eminent domain in abeyance in the 100
block of Jacqua Street for a period of three (3) years while the proper zoning for Jacqua Street is
determined; 2) City Council approving the Negative Declaration IS-02-048 on the Fourth Amendment;
and 3) City Council conducting the first reading of the ordinance amending the Redevelopment Plan. If
approved, the Cih/Council could conduct the second reading of the amending ordinance on November
19, 2002, thereby approving the proposed Fourth Amendment.
RECOMMENDATION
That the Ci~/Council take the following actions:
1) Adopt the resolution adopting writter~ responses to written objections to the Fourth Amendment to
the Southwest Redevelopment Plan and holding the use of eminent domain in abeyance in the
100 block of Jacqua Street while the proper zoning for Jacqua Street is determined.
2) Adopt the resolution approving the Negative Declaration for the Fourth Amendment to the
Southwest Redevelopment Plan.
3) Introduce and conduct the first reading of the ordinance adopting the Fourth Amendment to the
Southwest Redevelopment Plan
ANALYSIS
Toniflht's Actions by City Council
Tonight's action by the City Council represents the culmination of the amendment process started in June
2002. The first action to be considered by the Council is the written responses to written objections
submitted by properly owners, business owners, residents, or others. Following approval of the written
responses by adoption of the resolution, the City Council is then scheduled to consider approving
Negative Declaration IS-02-048, which was prepared for the Fourth Amendment. The Negative
Declaration was completed and made available for public inspection from June 21, 2002 to July 22,
2002. Because the Fourth Amendment does not propose any projects or alter the City's land use policy,
the Negative Declaration finds that adoption of the Fourth Amendment would not result in any significant
impacts on the environment. Once both resolutions are approved, the City Council may consider
adoption of the Fourth Ame~ndment by conducting the first of ~wo readings of the ordinance. The Fourth
Amendment would be approved upon completion of its second reading, scheduled for November 19,
2002, and would be effective 30 days thereafter.
PAGE 3, ITEM NO.z
MEETING DATE: 11-12-02
Response to Public Comments
Redevelopment Law requires that before the City Council adopt or amend a redevelopment plan, it shall
prepare written responses to all written objections submitted at the public hearing. A total of eight
written objections were received by the close of the continued public hearing on September 10, 2002. In
general, most of the objections requested that the City Council not adopt the amendment, and let the
existing eminent domain limit expire in November of this year. Attached to the resolution is the City
Council's response to these written objections. Included with each written resj~onse are findings
addressing each objection.
In general, those that sent written objections and those that spoke at the public meetings and hearings
expressed the following concerns:
· Anxiety about being subject to eminent domain;
· Property value will decrease by virtue.of being under the threat of eminent domain;
· Properties will be difficult to sell;
· Investment will be jeopardized by eminent domain;
· Fear of being forced to move from their properties;
· Would prefer to remain where they live.
As shown in the responses to the written objections attached to the resolution that are submitted for
Council's consideration, staff's opinion is that the concerns expressed are perceptions based on
unfounded speculation. As explained during the public meetings, the Agency is not targeting any specific
properties with eminent domain. Rather, the Agency would only use eminent domain if needed to
assemble land for a specific beneficial project in case negotiations with the owner fail after repeated
attempts. At the same time, if the acquisition of properly is required, the Agency must follow strict
redevelopment law to fairly compensate the owner and provide the required benefits the owner qualifies
for under State law. In addition, Redevelopment Law requires the Redevelopment Agency to extend
participation rights to all owners within the project area. That is, when there is a project proposed by a
prospective developer who does not own the land that will be part of the project, the Redevelopment
Agency must notify the property owners and inform them of the proposal and invite them to either
participate in the project or propose their own project for the site. This provision in the California
Community Redevelopment Law ensures that property owners are offered the opportunity to participate
in the redevelopment process.
In regard to the suggestion that property will lose value due to eminent domain and that eminent domain
will discourage investment ir~ the area, there is no evidence to that effect. Staff analyzed the 2001-2002
San Diego County Assessed values for the Southwest Redevelopment Area and compared them to those
of 1990. This comparison shows that assessed values (property values) have increased by approximately
51% during this period area-wide (comparable to other areas of the City and region).
Additionally, during the past twelve years there have been over 25 private and public projects that have
been implemented within the Southwest Redevelopment Project Area. Some of these projects are large
and involve multi-million dollar investments, such as the Palomar Trolley Center, Peak Load Power Plant,
PAGE 4, ITEM NO.:
MEETING DATE: 11-12-02
County Family Resource Center, Otay Recreation Center; others are smaller projects that still represent a
significant investment in the redevelopment area. The importance of all these projects, large and small,
is that they have not been discouraged by the potential application of eminent domain, which has been
in place since 1990. In fact, the very foundation of the redevelopment process is that it provides
financial and regulatory tools to attract investment that otherwise most likely could not occur without
redevelopment. One of those tools is eminent domain authority.
For an example, the use of eminent domain has facilitated the implementation of at least two of the
above-mentioned projects: Palomar Trolley Center and the Otay Recreation Center. The Palomar
Trolley Center required the use of eminent domain to condemn a bar located on the site at Palomar and
Broadway. In this case, the owner did not want to sell a properly and the business was creating
problems for the area and was a nuisance for the surrounding community. In the Otay Recreation
Center, an absentee owner's reluctance to sell the property was hindering the construction of the project;
the Agency's threat to use eminent domain.finally convinced the owner to sell the property, which gave
way to the construction of a Recreation Center that is benefiting everyone in the community, particularly
its youth.
Jacqua Street
Several properly owners from the Jacqua Street neighborhood spoke at the City Council/Agency public
hearing on September 10 and submitted a petition to the City Council requesting the re-zoning of their
properties from M-54 industrial classification to a residential classification. This area is located south of
Main Street between Industrial Boulevard and Broadway. It is a subdivision that dates back to 1963 and
is made up of 20 lots (most of them 8,400 sq. ft. in area), eighteen of which are developed with single-
family residences. Some of the residents have lived in the neighborhood since the 1960's. The residents
are requesting the re-zoning to residential in order to exempt their properties from eminent domain.
Although Community Deve!opment staff is supportive of their request, this re-zoning of the Jacqua Street
neighborhood would require an amendment to the City's General Plan and Montgomery Specific Plan.
Given that the City is currently in the process of updating the Ci~s General Plan, it would be more
appropriate to conduct the analysis in conjunction with the update. However, it is important to
emphasize that the analysis would be subject to Planning Commission and City Council approval, as well
. as environmental review under the California Environmental Quality Act.
Community Development staff believes that the re-zoning does have merit and can be done as part of
the Ci~s General Plan Update. It could also potentially be done prior to and independently of that
process, if the City Council so directs. Among the merits of this proposal are the following:
· The Jacqua Street neighborhood is a well defined subdivision, composed mainly of single family
residences;
· Most of the properties are owner-occupied;
· Most residents have lived there for a long period of time;
· The neighborhood is stable and properties are in good condition;
PAGE 5, ITEM NO.:
MEETING DATE: 11-12-02
· While the subdivision is surrounded by industrial properties, consolidation of the 20 lots for
industrial use could be complicated and expensive;
· The Montgomery Specific Plan suggests the protection of this neighborhood from adjacent
industrial uses.
As a result, staff would recommend that the Jacqua Street rezoning be referred to the comprehensive
General Plan Update process for a final determination. Staff will not entertain any proposals
contemplating the use of eminent domain actions for redevelopment purposes for a three (3) year period
while the General Plan and Zoning issues are resolved. The resolution being presented to the Agency
addresses this recommendation and includes language to the effect that the use of eminent domain will
be held in abeyance for three (3) years while the General Plan Update is processed and a final
determination is reached as to the proper zoning for the 100 block of Jacqua Street.
Other Issues
Jacqua Street presents unique characteristics that may be conducive to a potential re-zoning based on its
unified residential character; other areas do not have the characteristics required for such action. For
these commercial properties with residential dwellings, there may be other alternatives that can be
explored by staff at Council direction. One alternative would be to explore the idea of exempting
individual properties from eminent domain based on their conformance with the redevelopment plan
and other existing regulations and based on the level of investment made by the owner on the
improvement on the properly. This would require the establishment of a Council/Agency policy
containing a specific set of criteria and a process that properly owners would have to comply with. This
approach is not recommended and would result in "piecemeal" planning of the area.
Owner Participation Aqreements
Based upon initial input from the Ciys consultant, it was stated at the meeting of September 10, 2002,
that if a property owner/developer enters into an Owner Participation Agreement (OPA) the properly is
exempt from eminent domain. Although that option exists within the AgencCs adopted Owner
Participation Rules, it should be clarified that the Redevelopment Agency has not utilized OPAs in that
manner. All existing OPAs were entered into by both parties without the intent or expedation that the
OPA would be used to exempt the respective propedies from eminent domain; and, in fact, do not have
exemption language. Therefore, it is stat'Ps position that currently properties with approved OPAs are not
exempt from eminent domain. If there is a desire by the Council for OPAs to be used in that manner,
then staff recommends that Council direct staff to review our current OPA pradices and Owner
Participation Rules and then'come back to Council with a recommended course of action.
It should be emphasized that the need for redevelopment, and of the eminent domain tool, is the need to
remove blighting influences, revitalize properties and the overall area, and bring investment that creates
jobs and other communi~/benefits. If properly owners invest in their properties and make efforts to
improve them (as evidenced by approved OPAs), blighting influences are lessened and the potential
need for eminent domain diminishes. Another important factor for the Council to consider is that the use
of eminent domain is subject to significant notice, hearing, and other procedural requirements set forth
PAGE 6, ITEM NO.:
MEETING DATE: 11 '12-02
in California law. Moreover, the Agency Board is the ultimate legislative body to decide whether the
Agency should exercise the power of eminent domain in a particular case. To do so requires a 4/sthsvote
to adopt a Resolution of Necessity; the resolution that is required to be adopted before an eminent
domain action can be filed in court. Prior to determining whether eminent domain should be used, a
significant level of analysis must be conducted and all other options explored. Thus, eminent domain is
a tool of last resort but is a necessary tool to ensure that the redevelopment process can be completed.
Conclusion
Eminent domain stirs emotions and conjures negative images on the part of certain properly owners,
business owners and residents. Most of the concerns expressed by those present at the various public
meetings and Agency or Council hearings are based on speculation. Yet, eminent domain, as a tool of
last resort, is a necessary tool, and without it the goals and objectives geared toward the improvement of
the Southwest Redevelopment Area might not be fulfilled. Therefore, based on the need to include
eminent domain as part of the tools to implement the redevelopment effort, and staff's recommendation
that the written objections be overruled, staff recommends approval of the resolutions presented
amending the Southwest Redevelopment Plan to extend eminent domain.
Additionally, staff recommends that the petition for a rezone and the Jacqua Street properties be
analyzed as part of the General Plan Update; and that during this interim period, there will not be any
consideration of eminent domain within that geographical area.
FISCAL IMPACT
No fiscal impact is expected from tonight's actions.
ATTACHMENTS
A- 100 Block of Jacqua Street
B - Petition to re-zone the 100 Block of Jacqua Street
J:\COMMDEV~STAFF.REP~11-12-02\Fourth Amendement to Southwest Plan - Eminent Domain.doc [11/07/2002 1:51 PM]
ATTACHMENT A
Jacqua Street/Paula Gardens
Neighborhood
Main Str~,t
N
Jacqua StreeYPaula Gardens Neighborhood ~
Residential Subdivision recorded in 1963
20 Lots - Approx. 8,000 sq. ft. in area E
· 17 SFR; 2 office bldgs; 1 auto repair shop
Most SFRs Owner-occupied
S
ATTACHMENT B
September 5, 2002
Dear Mayor Shirley Horton and members of the City Council:
We the homeowners and residence of Jacqua Street respectfully request that the 100 block of
Jacqua Street, Chula Vista, CA 91911, be rezoned from Industrial/Commercial zoning to a
Residential zoning. By re-zoning the 100 block of Jacqua Street, Chula Vista, CA 91911, this
will provide us, the homeowners and residence, to be safeguarded from the i~ower of eminent
domain within the Southwest Redevelopment Project Area.
NAME ADDRESS SIGNATURE
RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING WRITTEN RESPONSES TO WRITTEN OBJECTIONS TO
THE FOURTH AMENDMENT TO THE SOUTHWEST
REDEVELOPMENT PLAN AND HOLDING THE USE OF EMINENT
DOMAIN iN ABEYANCE IN THE 100 BLOCK OF JACQUA STREET
FOR A PERIOD OF THREE (3) YEARS WHILE THE PROPER ZONING
FOR JACQUA STREET IS DETERMINED
WHEREAS, the City Council of the City of Chula Vista ("City Council") adopted
Ordinance No. 2420 on November 27, 1990, approving and establishing the Redevelopment Plan
for the Southwest Redevelopment Project, and the City Council has since amended said
Redevelopment Plan on July 9, 1991 by Ordinance No. 2467, on November 6, 1994 by Ordinance
No. 2612, and on August 22, 2000 by Ordinance No. 2819 ("Plan"); and
WHEREAS, in accordance with Section 33333.2 of the Caiifomia Community
Redevelopment Law, Health and Safety Code Section 33000 et seq. ("Law"), the use of eminent
domain powers can only occur within twelve (12) years from the date of adoption of the Fourth
Amendment to the Redevelopment Plan ("Fourth Amendment"); and
WHEREAS, the Redevelopment Agency of the City of Chula Vista ("Agency") has
requested that the City Council consider the Fourth Amendment in order to extend the authority to
use eminent domain for property acquisition purposes in the Southwest Redevelopment Project
Area (''Project Area"); and
WHEREAS, on August 6, 2002 and September 10, 2002, the City Council and Agency held
a joint public hearing ("Joint Public Hearing") on the proposed Fourth Amendment; and,
WHEREAS, at the Joint Public Hearing, the Mayor, as the presiding officer, called for
public testimony, and ail persons present were afforded, the oppommity to testify and submit
materiais; and,
WHEREAS, written objections were presented at or prior to the Joint Public Hearing; and,
WHEREAS, on September 10, 2002 a petition was submitted by the property owners of the
100 Block of Jacqua Street requesting that said block be re-zone from M-54 to a residentiai zoning;
and
WHEREAS, said request will be forwarded to the City's General Plan Update Team to
study said request and detennine the most appropriate zoning for the 100 Block of Jacqua Street;
and
WHEREAS, in the meantime the City Council determines to hold the use of eminent
domain in abeyance in the 100 Block of Jacqua Street for a period of three (3) years while the
General Plan Update is processed and the most appropriate zoning for this area is determined; and
WHEREAS, Section 33363 of the Health and Safety Code provides that, where written
objections are received at or prior to the hearing concerning the adoption or amendment of a
redevelopment plan, the legislative body: "...shall...respond in writing to the written
objections...The written responses shall describe the disposition of the issues raised. The
legislative body shall address the written objections in detail, giving reasons for not accepting the
specified objections and suggestions. The legislative body shall include a good-faith, reasoned
analysis in its response"; and,
WHEREAS, City staff has reviewed the written objections presented at.the Joint Public
Heating, and has participated in the preparation of responses to said objections ("Responses"), in
the form submitted herewith as Exhibit "A"; and,
WHEREAS, the City Council has reviewed in detail the objections presented at the Joint
Public Hearing and the Responses, together with all testimony and reports presented at the Joint
Public Hearing.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
hereby:
1. Approves and adopts the Responses attached hereto as Exhibit "A" as its findings
and response to the written objections presented at or prior to the Joint Public
Hearing.
2. Overrules all objections to the Fourth Amendment to the Southwest
Redevelopment Plan.
3. Directs the City's General Plan Update Team to consider the request fi.om the
property owners of the 100 Block of Jacqua Street to study and determine the most
appropriate zoning for the area.
4. Holds in abeyance the use of eminent domain in the 100 block of Jacqua Street for a
period of time until the General Plan Update is processed and the most appropriate
zoning is for this area is determined.
Presented by Approved as to form by
~)irh~cStorS~o°fmc°on~nu~'ty D evelopmeat -- ~AMt~oKrna~e;ny ~J -
J:\COMMDEV~RESOS~Eminent Domain Response Reso.doc
EXHIBIT A
Fourth Amendment to the Southwest Redevelopment Plan
Responses to Written Objections
September 11, 2002
City of Chula Vista
276 Fourth Avenue
Chula Vista, Califomia 91910
Rosenow Spevacek Group, Inc.
217 North Main Street, Suite 300
Santa Ana, California 92701
Phone: (714) 541-4585
Fax: (714) 836-1748
E-Mail: info~:~webrsg.com
Fourth Amendment to the Southwest Redevelopment Plan
Introduction ................................................................. ~ .......... 1
Written Objections and Responses ...................................... 1
Dr. Jagpal S. Deo and Gurdarshan Deo- Letter 1 .............................. 2
Jack L. Stanley, behalf of Standard Auto Recycling ........................ 4
Yih-Ruey and Chan-Yung Chang ......................................................... 7
Martha Griffith .......................................................................................... 8
Gary Stovall and Phyllis Welch-Stovall ............................................... 9
Jacqueline Lassman ............................................................................. 17
Wayne H. Craycroft ............................................................................... 18
Dr. Jagpal S. Deo and Gurdarshan Deo- Letter 2 ............................ 19
F:\CHULAL~rTHWEST ED AJv~NDIVE N'r~RESPONS~S~RF_SPONSES.DOC
Fourth Amendment to lhe Southwest Redevelopment Plan
On August 6, 2002, the City Council of the City of Chula Vista ("City
Council") and Redevelopment Agency of the City of Chula Vista
("Agency") held a joint public headng on the proposed Fourth Amendment
to the Southwest Redevelopment Plan ("Amendment"). The public
hearing was continued to September 10, 2002 and closed that same date.
Dudng and after the public heating, certain wdtten objections were
presented on the Amendment. The California Community Redevelopment
Law ("Redevelopment Law") requires that before considering an
amendment to a redevelopment plan, the legislative body (City Council)
shall evaluate all evidence and testimony, both for and against the
adoption of the amendment, and make written findings in response to
each written objection of an affected property owner or taxing entity.
Further, the legislative body is to respond in writing to the wdtten
objections received before or at the noticed public hearing and that these
responses shall descdbe the disposition of the issues raised, and
addresses in detail the reasons for not accepting specified objections and
suggestions.
This document is the wdtten response of the City Council to the written
objections submitted at the public headng ("Response").
Eight written objections were filed at the public hearing. This Response
addresses these written objections separately.
ROSENOW SPEVACEK GROUP, INC. PAGE 1
RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE NEGATIVE DECLARATION FOR THE FOURTH
AMENDMENT TO THE SOUTHWEST REDEVELOPMENT PLAN
WHEREAS, the City Council of the City of Chula Vista ("City Council") adopted
Ordinance No. 2420 on November 27, 1990, approving and establishing the Redevelopment Plan
for the Southwest Redevelopment Project, and the City Council has since amended said
Redevelopment Plan on July 9, 1991 by Ordinance No. 2467, on November 6, 1994 by Ordinance
No. 2612, and on August 22, 2000 by Ordinance No. 2819 ("Plan"); and
WHEREAS, in accordance with Section 33333.2 of the California Community
Redevelopment Law, Health and Safety Code Section 33000 et seq. ("Law"), the use of eminent
domain powers can only occur within twelve (12) years from the date of adoption of the Fourth
Amendment to the Redevelopment Plan ("Fourth Amendment"); and
WHEREAS, the Redevelopment Agency of the City of Chula Vista ("Agency") has
requested that the City Council consider the Fourth Amendment in order to extend the authority to
use eminent domain for properly acquisition purposes in the Southwest Redevelopment Project
Area ("Project Area"); and
WHEREAS, a Negative Declaration was prepared on the proposed Fourth Amendment
("Negative Declaration") in the form attached herewith as Exhibit "A'~; and
WHEREAS, a notice of the availability of the Negative Declaration for public review and
comment was published on July 26, 2002 in the Star News, a newspaper of general circulation in
the City of Chula Vista; and
WHEREAS, on August 6 and September 10, 2002, the Agency and City Council held a
joint public hearing on the proposed Fourth Amendment and received and considered all evidence
and testimony pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
hereby:
1. The City Council finds there is not substantial evidence that the proposed Fourth
Amendment will have a significant effect on the environment and that the Negative
Declaration reflects the independent judgment and analysis of the City Council
based upon the whole record of the Negative Declaration, including the Initial Study
contained therein, any comments received and responses thereto and evidence and
testimony received at the joint public hearing on the Negative Declaration.
2. The City Council has reviewed and considered the information contained in the
Negative Declaration prepared for the Fourth Amendment and hereby approves the
Negative Declaration.
3. The City Clerk is authorized to file, a Notice of Determination with the County
Clerk of the County of San Diego following adoption by the City Council of the
ordinance adopting the Fourth Amendment.
4. The Office of City Clerk is the repository of public documents for the City and that
office shall retain a copy of the Negative Declaration approved hereby in its files.
Presented by Approved as to form by
J:\COMMDEV~RESOSkEmincnt Domain Neg Dec Reso.doc
EXHIBIT A
Negative Declaration ,
PROJECT NAME: Southwest Redevelopment Plan Amendment To
Extend Eminent Domain Authority
PROJECT LOCATION: Southwest Redevelopment Project Area
ASSESSOR'S PARCEL NO.: VARIOUS
PROJECT APPLICANT: City of Chula Vista
CASE NO.: IS-02-048
DATE: May 29, 2002
A. ~o)ect Setting
The amended Southwest Redevelopment Project Area (SWRPA) boundaries, found totally
within the City of Chula Vista, are illusU-ated on the map attached hereto and incorporated as
Exhibit A.
B. Proiect Description
The project involves an amendment to the existing Amended Southwest Redevelopment
Project Area Plan, dated November 1990. While the Redevelopment Plan itself does not
expire until the year 2030, the power of eminent domain, which the Redevelopment Agency
of the City of Chula Vista may exercise (under the provisions of the California Community
Redevelopment Law) is set to expire on November 26, 2002, unless otherwise amended. The
Redevelopment Agency of the City of Chula Vista, with the approval of the City Council,
proposes to amend that Plan by extending the provision of eminent domain to'November 27,
2014, as allowed by California Community Redevelopment Law. Although there are no
current plans to acquire additional property through the use of eminent domain, the Agency
has indicated that should either a commercial or residential project be undertaken in the
future, that the extension of the time limit to exercise its eminent domain powers could be
crucial to the success and completion of those projects, and hence, to its overall success in
removing blight from the Project Area.
C. Compliance with Zoning and Plans
The proposed use is consistent with the underlying zone districts and General Plan
designation.
D. Comments
On April 29, 2002 a Notice of Initial Study was circulated, to City and governmental, staff.
Seveh Department staff members responded with no eormnents.
I ~"~ "~ 05/29/02
E. Identification of Environmental Effects
An Initial Study conducted by the City of Chula Vista (including au attached Environmental
Checklist form) detcmdned that the proposed project will not have a significant
environmental effect, and the preparation of an Environmental Impact Report will not be
required. This Negative Declaration has been prepared in accordance with Section 15070 of
the State CEQA Guidelines.'
F. Mitigation Necessary to A¥oid Significant Impacts NO MITIGATION REQ~D
G. Consultation
1. City of Chula Vista:
Marilyn Ponseggi, Planning Division
Paul Hellman, Planning Division
John Schmitz, Planning Division
Jim Geering, Fke Marshall
Frank Rivera, Engineering Depm unent
Joe Gamble, Landscape Architecture Division
Bill Ullrich, Public Works/Operations
Frank Herrera-A, Planning Division
Miguel Z. Tapia, Community Development
Benjamin Guerrero, Community Development
2. Documents
Chnla Vista General Plan (1989) and EIR (1989)
Title 19, Chula Vista Municipal Code, September 1997
Redevelopment Project Area Plans
Initial Study
This envkonmental determination is based on the attached Initial Study, ~ny comments
received on the Initial Study and any comments received dur'mg the public review period
for this negative declarafion. The report reflecis the independent judgement of the City
of Chula Vista. Further information regarding the environmental review of this project is
available from the Chula Vista Planning Depa~tlaent, 276 Fourth Avenue, Chula Vista,
CA 91910.
Bri~ Hunter
Planning & Environmental Services Manager
2 ~ ~'~.. ~:~ 05~29~02
¢
Case No.IS-02-048
ENVIRONMZNTAL CtlZCICLIST FORM
1. Name of Proponent: City of Chula Vista
2. Lead Agency Name and Address: City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
3. Address and Phone Number of Proponent: 276 Fourth Avenue
Chula Vista, CA 91910
(619) 691-5291
4. Name of Proposal: Fourth Amendment to the Southwest
Redevelopment Plan to extend Eminent Domain
Authority
5. Date or Chec 'klist: May 30, 2002
I. LAND USE AND PLANNING. Wouldtheproposal:
a) Conflict with general plan designation or zoning? [] ru r~ []
b) Conflict with applicable environmental plans or [] [] o []
policies adopted by agencies with jurisdiction over
the project?
c) Affect agricultural resources or operations (e.g., [] D rn []
impacts to soils or farmlands, or impacts from
incompatible land uses)?
d) Disrupt or divide the physical arrangement of an [] m m []
established community (including a Iow-income or
minority community)?
Comments:
The proposed project only extends the Redevelopment Agency's existing eminent domain authority. The
extension of existing eminent domain authority will not result in any direct physical changes to the
environment; therefore~ the proposed project will not result in any significant impacts to land use. Indirect
physical changes resulting in land use impacts as a result of the Redevelopment Agency's future acquisition
of property through its power of eminent domain and subsequent development are too speculative to
analyze at this time. Any redevelopment projects, which may occur in the future as a result of the
extension of eminent domain power, would, at the time of proposal, be subject to further environmental
review. Said projects would also be required to comply with the City's General Plan, Zoning Ordinance
and all applicable codes, conditions, ordinances, regulations and procedures of the City of Chula Vista.
Compliance with all applicable federal, state and local laws with any approval from any responsible public
agency would also be required.
The approval of this extension would not disrupt or divi~le the physical arrangement of an established
oommu ty. 3 8'
S~lAc~fl nnJm S~fi~nt No
Mitigation: None
II. POPULATION AND HOUSING. Would the
proposal:
a) Cumulatively exceed official regional or local [] c~ m []
population projections?
b) Induce substantial growth in an area either directly [] m [] []
or indirectly (e.g., through projects in an
undeveloped area or extension of major
infrastructure)?
c) Displace existing housing, especially affordable m ~ m []
housing?
Commeul~:
The proposed project only extends the Redevelopment Agency's existing eminent domain authority. The
extension of existing eminent domain authi)rity will not result in any direct physical changes to the
environment; therefore, the proposed project will not result in any significant impacts to population and
housing. Indirect physical changes resulting in land use impacts as a result of the Redevelopment
Agency's furore acquisition of property through its eminent domain authority and subsequent development
are too speculative to analyze at this time· Any redevelopment projects, which may occur in the future as
a result of the extension of eminent domain authority, would, at the time of proposal, be subject to further
environmental review. Said projects would also be required to comply with the City's General Plan,
Zoning Ordinance and all applicable codes, conditions, ordinances, regulations and procedures of the City
of Chula Vista. Compliance with ali applicable federal, state and local laws with any approval from any
responsible public agency would also be required.
Mitigatinn: None
GEOPHYSICAL. Would the proposal result in or
expose people to poteraial impacts involving:
a) Unstable earth conditions or changes in geologic rn [] m []
substructures?
b) Disruptions, displacements, compaction or m o [] []
overcovering of the soil?
c) Change in topography or ground surface relief m m [] []
features?
d) The destruction, covering or modification of any [] ~ [] m
unique geologic or'physical features?
e) Any increase in wind or water erosion of soils, o o m []
either on or off the site?
f) Changes in deposition or erosion of beach sands, m [] [] m
or changes in siltation, deposition or erosion which
may modify the channel of a river or stream or the
· bed of the ocean or any bay inlet or lake?
g) Exposure of people or property tu geologic hazards m [] ~'~ []
such as earthqu~es, landslides, mud slides, ground ~::~ ~ --'~7 ''
failure, or similar hazards?
Comments:
The proposed project only extends the Redevelopment Agency's existing eminent domain authority. The
extension of existing eminent domain authority ~vitl not result in any direct physical changes to the
environment; therefore, the proposed project will not result in any significant impacts to ground surface or
geologic conditions. Indirect physical changes resulting in land use impacts as a result of the
Redevelopment Agency's future acquisition of property through its eminent domain authority and
subsequent development are too speculative to analyze at this time. Any redevelopment projects, which
may occur in the future as a result of the extension of eminent domain authority, would, at the time of
proposal, be subject to further environmental review. Said projects would also be required to comply with
the City's General Plan, Zoning Ordinance and all applicable codes, conditions, ordinances, regulations
and procedures of the City of Chula Vista. Compliance with all applicable federal, state and local laws
with any approval from any responsible public agency would also be required.
/x,~tigation: None
IV. WATER. Would the proposal resu!t in:
a) Changes in absorption rates, drainage patterns, or rn rn [] []
the rate and amount of surface runoff?
b) Exposure of people or property to water related [] ca tn []
hazards such as fiooding or tidal waves?
c) Discharge into surface waters or other alteration of r~ ra ca []
surface water quality (e.g., temperature, dissolved
oxygen or turbidity)?
d) Changes in the amount of surface water in any ca [] ca []
water body?
e) Changes in currents, or the course of direction of ca ca rn []
water movements, in either marine or fresh
waters?
f) Change in the quantity of ground waters, either [] t3 ca []
through direct additions or withdrawals, or through
intemepfion of an aquifer by cuts or excavations?
g) Altered direction or rate of flow of groundwater? ca ra ca ss
h) Impacts to grqundwater quality? ca ca ca []
i) Alterations to the course or flow of flood waters? ta ca ca []
j) Substantial reduction in the amount of water ra ca [] []
otherwise available for public water supplies?
Comments:
The proposed project only extends the Redevelopment Agency's existing eminent domain authorit3'. The
extension of existing eminent domain authority will not result in any direct physical changes to the
environment; therefore, the proposed project will not result in ~ny significant impacts to water resources.
Indirect physical changes resulting in land use impacts as a result of the Redevelopment Allency's future
property through its eminent domain authority and subsequent- develop-men-t are too.
acquisition
of'
speculative to analyze at this time. Any redevelopment projects, which may occur in the future as a result
cof the extension of eminent domain authority, would, at the time of proposal, be subject to further
environmental review. Said projects would also be required to comply with the City's General Plan,
ZZoning Ordinance and all applicable codes, conditions, ordinances, regulations and procedures of the City
col Chula Vista. Compliance with all applicable federal, state and local laws and with any approval from
a~my responsible public agency would also be required.
NM. itigation: None
AIR QUALITY. WouM the proposal:
a) Violate any air quality standard or contribute to an D D ~ ~
existing or projected air quality violation?
b) Expose sensitive receptors to pollutants? D m D []
c) Alter air movement, moisture, or temperature, or [] [] [] a
cause any change in climate, either locally or
regionally?
d) Create objectionable odors? m [] r~ []
e) Create a substantial increase in stationary or non- m [] D []
stationary sources of air emissions or the
deterioration of ambient air quality?
CCornments:
TI'he proposed project only extends the Redevelopment Agency's existing eminent domain authority. The
eextension of existing eminent domain authority will not result in any direct physical changes to the
eenvironment; therefore, the proposed project will not result in any significant intpacts to Air Quality.
I.:indir~t physical changes resulting in land use impacts as a result of t_he Redevelopment Agency's furore
r~acquisition of property through its eminent domain authority and subsequent development are too
sspeculative to analyze at this time. Any redevelopment projects, which may occur in the furore as a result
eof the extension of eminent domain authority, would, at the time of proposal, be subject to further.
eenvironmental review. Said projects would also be required to comply with the City's General Plan,
ZZoning Ordinance and all applicable codes, conditions, ordinances, regulations and procedures of the City
eof Chula Vista. Compliance with all applicable federal, state and local la-~'s and with any approval from
aany responsible public agency would also be required.
~NMitigation: None
'%VI. TRANSPORTATION/CIRCULATION. Would the
proposal result in:
· a) Increased vehicle trips or traffic congestion? m [] m m
b) Hazards to safety from design features (e.g., sharp, tn r~ D m
curves or dangerous intersections) or incompatible
uses (e.g., farm equipment)?
c) Inadequate emergency access or access to nearby m m m []
~. d) Insufficient parking capacity on-site or Off-site? m m . m m
e) Hazards or'barriers for pedestrians or bicyclists? m m m m ~-~/'-
0 Conflicts with adopted policies supporting
alternative transportation (e.g. bus turnouts,
bicycle racks)?
g) Rail, waterborne or air traffic impacts?
h) A "large project" under the Congestion
Management Program? (An equivalent of 2400 or
more average daily vehicle trips or 200 or more
peak-hour vehicle trips.)
Commen~:
The proposed project only extends the Redevelopment Agency's existing eminent domain authority. The
extension of existing eminent domain authority will not result in any direct physical changes to the
environment; therefore, the proposed project will not result in any significant impacts to the city's
transpomtion or circulation system. Indirect physical changes resulting in land use impacts as a result of
the Redevelopment Agency's furore acquisition of property through its eminent domain authority and
subsequent development are too speculative.'to analyze at this time. Any redevelopment projects, which
may occur in the future as a result of the extension of eminent domain authority, would, at the time of
proposal, be subject to furduer environmental review. Said project would also be required to comply with
the Ci:y's General Plan, Zoning Ordinance and all applicable codes, conditions, ordinances, regulations
and procedures of the City of Chula Vista. Compliance with all applicable federal, state and local laws and
with any approval from any responsible public agency would also be required.
Mitigation: None
VII. BIOLOGICAL RESOURCES. Would the proposal
result in impacts to:
a) Endangered, sensitive species, species of concern
or species that are candidates for listing?
b) Locally designated species (e.g., heritage trees)? rn []
c)Locally designated natural communities (e.g., oak
forest, coastal habitat, etc.)?
d) Wetland habitat (e.g., marsh, riparian and vernal m [] []
pool)?
e) Wildlife dispersal or migration corridors? [] [] []
f)Affect regional habitat preservation planning
efforts? ·
Comments:
The proposed project only extends the Redevelopment Agency's existing eminent domain authority. The
extension of existing eminent domain authority will not result in any direct physical changes to the
environment; therefore, the proposed project will not result in any significant impacts to biological
resources, indirect physical changes resulting in land use impacts as a result of the Redevelopment
Agency's future acquisition of property through its eminent domain authority and subsequent development
are too speculative to analyze at this time. Any redevelopment projects, which may occur in the future as
a result of the extension of eminent domain authority, would, at the time ofproposal, be s, ubject to further
environmenlal review. Said project would also .be required to comply with the City s General Han,
Zon~g Ordinanc~ and all appl~cable codes, conditions, ordin~ccs, rcgula~ons and pr~edurcs of ~e Ci~
of Chula Vis~. Compliance wi~ MI applicable federal, s~tc and l~al laws and wi~ any spproval
any m~onsiblc public a~cncy would also ~ r~quircd.
~tigation:
~qII. E~RG~ AND ~L ~SO~CES. Would
the proposal:
a) Conflict wi~ adopted energy consolation plans? m m m
b) Use non-renewable resources ~ a waste~l and m m 'm
~efficient manner?
c) If ~e site is designated for mineral resource m m m
protection, will ~is project impact ~is protection?
Commen~:
~e proposed project only extends ~e Redevelopment Agency's existing eminent domain au~oriV.
extension of exist~g eminent domain au~riv will not remlt in any direct physical changes to
enviroment; ~erefore, ~e proposed project will not result in ~y signific~t ~pacm to energy or ~eral
resources, hdirect physical changes remlting ~ l~d use impacm as a result of ~e Redevelopment
Agency's Mmre acquisition of prope~ ~rough im power of e~ent do~ ~d mb~quent development
are too ~eculative to analyze at ~is time. Any redevelopment project, which may ~cur ~ ~e ~mre as
a result of ~e extension of em~ent domain power, would, at ~e time of proposal, ~ subject to ~r~er
enviromenml review. Said project would also ~ required to comply wi~ ~e Civ's General Plan,
Zon~g Ordinance and all applicable c~es, conditions, ordnances, regulafiom ~d pr~edures of~e CiV
of Chula Vista. Compliance wi~ all applicable federal, state and l~al laws ~d wi~ any approval from
~y re~onsible public agency would also ~ required.
~tigation: None
~S. Would the proposal involve:
a) A risk of accidental explosion or relea~ of m ~
h~ardous substances (Mclud~g, but not l~ted to:
pe~oleum producm, pesticides, che~cals or
radiation)?
b) Possible ~terferenc~ wi~ ~ emergency response m m
pl~ or emergency evacuation plan?
c) ~e creation of any heal~ h~ard or potential m m m
heal~ h~ard?
d) Expomre of people to exist~g sources of potential m m
heM~ h~ards?
e) Increa~d fire h~ard ~ areas wi~ fl~able m m
brash, grass, or ~ees?
Comme~: ' . -
propo,,a aom.in,u o iV.
extension of existing eminent domain au~oriv will not remit in any direct physical changes to
enviroment; ~erefore, ~e proposed project will not result ~ ~y creation or expomre of'humans or
animal species to hazardous situations. Indirect physical changes resulting in land use impacts as a result
of the Redevelopment Agency's future acquisition of property through its power of eminent domain and
subsequent development are too speculative to analyze at this time. Any redevelopment projects, which
may occur in the future as a result of the extension of eminent domain power, would, at the time of
p?oposal, be subject to further environmental review. Said projects would also be required to comply with
the City's General Plan, Zoning Ordinance and all applicable codes, conditions, ordinances, regulations
and procedures of the City of Chula Vista. Compliance with all applicable federal, state and local laws and
with any approval from any responsible public agency would also be required.
Mitigation: None
X. NOISE. Would the proposal result in:
a) Increases in existing noise levels? rn rn [] []
b) Exposure of people to severe noise levels? tn tn [] []
Comments:
The proposed project only extends the Redevelopment Agency s ex~stmo eminent domain authority. The
extension of existing eminent domain authority will not result in any direct physical changes to the
environment; therefore, the proposed project will not result in any significant noise impacts. Indirect
physical changes resulting in land use impacts as a result of the Redevelopment Agency's future acquisition
of property through its power of eminent domam and subsequent development are too speculative to
analyze at this time. Any redevelopment projects, which may occur in the furore a§ a result of the
extension of eminent domain power, would, at the time of proposal, be subject to further environmental
review. Said'project would also be required to comply with the City's Ganirnl Plan, Zonmg Ordinance
and all applicable codes, conditions, ordinances, regulations and procedures of the City of Chula Vista.
Compliance with all applicable federal, state and local laws and with any approval from any responsible
public agency would also be required.
Mitigation: None
Xl. PUBLIC SERVICES. Would the proposal have an.
eJfect upon, or result in a need for new or altered
government semices in any of the following areas:
a) Fire protection? u [] []
b) Police protection? [] [] [] []
c) Schools? o [] [] m
d) Mamtenance of public facilities, including roads? [] m [] []
e) Other governmental services?
Commenl$:
The proposed project only extends the Redevelopment Agency's existing eminent domain authority. The
extension of exis[ing eminent domain authority will not result in any direct physical changes to the
envh'onment; therefore, the proposed project will not result in any significant impacts to public services.
Indirect physical changes resulting in land use impacts as a re{tilt of the Redevelopment Agency's future
acquisition:of property through its power of eminent domain and subsequent development are too
speculative t.o analyze at this ti~. e. Any redevelopment projects, which may occur in the future asa result
of the extension of eminent domain power, would, at the time of proposal, be subject to further
environmental review. Said project would also be required to comply with the City's General Plan,
Zoning Ordinance and all applicable codes, conditions, ordinances, regulations and procedures of the City
of Chnla Vista. Compliance with all applicable federal, state and local laws and with any approval from
any responsible public agency would also be required.
No new or altered governmental services will be required for this project.
Mitigation: None
XII. Thresholds. Will the proposal adversely impact the [] [] .[] ~
City's Threshold Standards?
As described below, the proposed project does not significantly impact any of the seven Threshold
Standards.
a) Fire/EMS m [] [] a
The Threshold Standards require~ that fire and medical units must be able to respond to calls
within 7 minutes or less in 85 % of the cases and within 5 minutes or less in 75 % of the cases.
Comments:
The proposed project only extends the Redevelopment Agency's existing eminent domain authority. The
extension of existing eminent domain authority will not result in any direct physical changes to the
environment; therefore, the proposed project will not result in any significant impacts to fire rescue or
emergency medical services. Indirect physical changes resulting in land use impacts as a result of the
Redevelopment Agency's future acquisition of property through its power of eminent domain and
subsequent development are too speculative to analyze at this time. Any redevelopment projects, which
may occur in the future as a result of the extension of eminent domain power, would, at the time of
proposal, be subject to further environmental review. Said project would also be required to comply with
the City's General Plan, Zoning Ordinance and all applicable codes, conditions, ordinances? regulations
and procedures of the City of Chula Vista. Compliance with all applicable federal, state and local laws and
with any approval from any responsible public agency would also be required.
Mitigation: None
b) Police g [] []
The Threshold Standards require that police units must respond to 84% of'Priority 1 calls
within 7 minutes or less and maintain an average response time to all Priority 1 calls of 4.5
minutes or less~ Police units must respond to 62.10% of Priority 2 calls within 7 minutes or
less and maintain an average response time to all Priority 2 calls of 7 minutes or less.
Comments:
The proposed project only extends the Redevelopment Agency's existing eminent domain authority. The
extension of existing eminent domain authority will not result in any direct physical changes to the
environment; therefore, the proposed project will not result in any significant impacts to police services.
Indirect physical changes resulting in land use impacts as a result of the Redevelopment Agency's future
acquisition of property through its power of eminent domhin and subsequent development are too
speculative'to analyze at this time._ Any redevelopment projects, which may occur in the future as a result
of the extension of eminent domain power, would, at the time of proposal, be subject to further
environmental review. Said project would also be required to comply with the City's General Plan, t~
/,.,,
Zoning Ordinance and all applicable codes, conditions, ordinances and regulations and procedures of/he
City of Chula Vista. Compliance with all applicable federal, state and local laws and with any approval
from any responsible public agency would also be required.
Mitigation: None
c) Traffic m [] r~ []
Comments:
The proposed project only extends the Redevelopment Agency's existing eminent domain authority. The
extension of existing eminent domain authority will not result in any direct physical changes to the
environment; therefore, the proposed project will not result in any significant impacts to the city's traffic
system. Indirect physical changes resulting in land use impacts as a result of the Redevelopment Agency's
future acquisition of property through its power of eminent domain and subsequent development are too
speculative to analyze at this time. Any redevelopment projects, which may occur in the future as a result
of the extension of eminent domain power, would, at the time of proposal, be subject to further
environmental review. Said projects would also be required to comply with the City's General Plan,
· Zoning Ordinance and ail applicable codes, donditions, ordinances, regulations and procedures of the City
of Chula Vista. Compliance with all applicable federal, state and local laws and with any approval from
any responsible public agency would also ~ required.
Mitigation: None
d) Parks/Recreation [] [] [] m
The proposed project only extends the Redevelopment Agency's existing eminent domain authority. The
extension of existing eminent domain authority will not result in any direct physical changes to the
environment; therefore, the proposed project will not result in any significant impacts to parks or
recreational resources. Indirect physical changes resulting in land use impacts as a result of the
Redevelopment Agency's future acquisition of property through its power of emin. ent domain and
subsequent development are too speculative to analyze at this time. Any redevelopment ~)rojects, which
may occur in the future as a result of the extension of eminent domain power, would, at the time of
proposal, be subject to further environmental review. Said project would also be required to comply with
the City's General Plan, Local Coastal Plan, Zoning Ordinance and all applicable codes, conditions,
ordinances and regulations and procedures of the City ~)f Chula Vista. Compliance with all applicable
federal, state and local laws and with any approval from any responsible public agency would also be
required.
Mit/gation: None
e) Drainage [] [] m []
The Threshold Standards require that storm water flows and volumes not exceed
City Engineering Standards. Individual projects will provide necessary
improvements consistent with the Drainage Master Plan(s) and City l=ngineering
Standards.
Comments:
The proposed project only extends the Redevelopment Agency's existing eminent domain authority. The
extension of existing eminent domain authority will not result in _any direct physical changes to the
environment; therefore, the proposed project will not result in any significant !mpacts to city's drainage
system. Indirect physical changes resulting in land use impacts as a result of thc Redevelopment Agency's
future acquisition of property through its power of eminent domain and subsequent development are too
speculative to analyze at this time. Any redevelopment projects, which may occur in the future as a result
of the extension of' eminent domain power, would, at the time of proposal, be subject to further
environmental review. Said projects would also be required to comply with the City's General Plan,
Zoning Ordinance and all applicable codes, conditions, ordinances, regulations and procedures of the City
of Chula Vista. Compliance with all applicable federal, state and local laws and with any approval from
any responsible public agency would also be required.
Mirigation: None
f) Sewer [] [] ~ a
The Threshold Standards require that sewage flows and volumes not ex~eed City
Engineering Standards. Individual projects will provide necessary improvements
consistent with Sewer Master Plan(s) and City Engineering Standards.
The proposed project only extends the Redevelopment Agency's existing eminent domain authority. The
extension of existing eminent domain authority will not result in any direct physical changes to the
environment; therefore, the proposed project will not result in any significant impacts to the city's sewer
resources. Indkect physical changes resulting in land use impacts as a result of the Redevelopment
Agency's furore acquisition of property through its power of eminent domain and subsequent development
are too speculative to analyze at this time. Any redevelopment projects, which may occur in the future as
a result of the extension of eminent domain power, would, at the time of proposal, be, subject to further
envkonmental review. Said projects would also be required to comply with the City's General Plan,
Zorfing Ordinance and all applicable codes, conditions, ordinances, regulations and procedures of the City
of Chula Vista. Compliance with all applicable federal, state and local laws and with any approval from
any responsible public agency would also be required.
No sewer facilities or services are required to serve this project. Therefore, no conflict with the City's
threshold is anticipated. ._
Mitigation: None
g) Water [] o [] []
The Threshold Standards require that adequate storage, treatment, and transmission facilities
are constructed concurrently with planned growth and those water quality standards are not
jeopardized during growth and construction.
Applicants may also be, required to participate in whatever water conservation or fee off-set
program the City of Chula Vista has in effect at the time of building permit issuance.
Comments: The proposed project only extends the Redevelopment Agency's existing eminent domain
authority. The extension of existing eminent domain authority will not result in any direct physical
· changes to the environment; therefore, the proposed project will not result in any significant impacts to
water resources. Indirect physical changes resulting in land use impacts as a result of the Redevelopment
Agency's future acquisition of property through its power of eminent domain and subsequent development
are too spdcu!ative ~o analyze at this time. Any redevelopment projects, which may occur in the future as
a remit of the extension of eminent domain power, would, at the time of proposal, be subject to further
environmental review. Said projects would also be required to cqmply wi~h the City's General Plan,
Zoning Ordinance and all applicable codes, conditions, ordinances and regulations and procedures of the
City of Chula Vista. Compliance with all applicable federal, state and local laws and with any approval
from any responsible public agency would also be required.
No water service is required for this project. Therefore, no conflict with the City's threshold is anticipated.
Mitigation: None
X~[II. UTILITIES AND SERVICE SYSTEMS. Would the
proposal result in a need for new systems, or
substantial alterations to the following utilities:
a) Power or natural gas? [] [] rn []
b) Communications systems? m rn rn []
c) Local or regional water treatment or distribution
facilities?
d) Sewer or septic tanks? []
e) Storm water drainage? rn [] m []
0 Solid waste disposal? [] [] rn []
Comments:
The proposed project only extends the Redevelopment Agency's existing eminent domain authority. The
extension of existing eminent domain authority will not result in any direct physical changes to the
environment; therefore, the proposed project will not result in any significant impacts to utility and service
systems. Indirect physical changes resulting in land use impacts as a result of the Redevelopment
Agency's future acquisition of property through its power of eminent domain and subsequent development
are too speculative to analyze at this time. Any redevelopment projects, which may occur in the future as
a result of the extension of eminent domain power, would, at the time of proposal, be subject to further
environmental review. Said projects would also be required to comply with the City's General Plan,
Zoning Ordinance and all applicable codes, conditions, ordinances, regulations and proced..ures of the City
of Chula Vista. Compliance with all applicable federal, state.and local laws and with any approval from
any responsible public agency would also be required.
The proposed project would not require new systems to be installed, or alterations of existing utilities.
Mitigation: None
XIV. AESTHETICS. Would the proposal: .
a) Obstruct any ~cenic vista or view open to the tn [] [] []
public or will the proposal result in the creation of
an aesthetically offensive site open to public view?
b) Cause the destruction or modification of a scenic [] m [] []
route?
c) Have a demonsltable negative aesthetic effect? []
d) Create added light or glare sources that could [] [] []
· 'increase the level of sky glow in an area or cause -
this project to fail ..to c6mply with Section
19.66.100 of the Chula Vista Municipal Code,
e) Reduce an additional amount of spill light? a c~ a m
Comments:
The proposed project only extends the Redevelopment Agency's existing eminent domain authority. The
extension of existing eminent domain authority will not result in any direct physical changes to the
environment; therefore, the proposed project will not result in any significant impacts to aesthetic
resources. Indirect physical changes resulting in land use impacts as a result of the Redevelopment
Agency's future acquisition of property through its power of eminent domain and subsequent development
are too speculative to analyze at this time. Any redevelopment projects, which may occur in the future as
a result of the extension of eminent domain power, would, at the time of proposal, be subject to further
environmental review. Said projects would also be required to comply with the City's General Plan, Local
Coastal Plan, Zoning Ordinance and all applicable codes, conditions, ordinances, regulations and
procedures of the City of Chula Vista. Compliance with all applicable federal, state and local laws and
with any approval from any responsible public agency would also be required.
/','litigation: None
X-V'. CULTURAL RESOURCES. Would the proposal:
a) Will the proposal result in the alteration of or the [] rn D a
destruction or a prehistoric or historic
amhaeological site?
b) Will the proposal result in adverse physical or [] [] rn m
aesthetic effects to a prehistoric or historic
building, structure or object?
c) D~s the proposal have the potential to cause a m m m m
physical change that would affect unique ethnic
cultural values?
d) Will the. proposal restrict existing religious or [] ~ m []
sacred uses within the potential impact area?
e) Is the area identified on the City's General Plan m [] m ~
EIR as an area of high potential for archeological
resources?
Comment~:
The proposed project only ~xtends the Redevelopment Agency's existing eminent domain authority. The
extension of existing eminent, domain authority will not result in any direct physical changes to the
environment; therefore, the proposed project will not result in any significant impacts to cultural
resources. Indirect physical changes resulting in land use impacts as a result of the Redevelopment
Agency's future acquisi¢on of property through its power of eminent domain and subsequent development
are too speculative to analyze at this time. Any redevelopment projects, which may occur in the future as
a result of the extension of eminent domain power, would, at the time of proposal, be subject to further
environmental review. Said projects would also be required to comply with the City's General Plan,
Zoning Ordinance and all applicable codes, conditions, ordInances, regulations and procedures of the City
of Chula Vista. Compliance with all applicable federal, state arid local laws and with any approval from
any responsible public agency would also be required.
Mitigation: None ~:~ ''~' ¢?
X-V1. PALEONTOLOGICAL RESOURCES. ~ll the
proposal result in the alteration of or the destruction of
paleontological resources ?
Comments:
The proposed project only extends the Redevelopment Agency's existing eminent domain authority. The
extension of existing eminent domain authority will not result in any direct physical changes to the
environment; therefore, the proposed project will not result in any significant impacts to paleontological
resources. Indirect physical changes resulting in land use impacts as a result of the Redevelopment
Agency's future acquisition of property through its power of eminent domain and subsequent development
are too speculative to analyze at this time. Any redevelopment projects, which may occur in the future as
a result of the extension of eminent domain power, would, at the time of proposal, be subject to further
environmentsl review. Said projects would also be required to comply with the City's General Plan,
Zoning Ordinance and all applicable codes, conditions, ordinances, regulations and procedures of the City
of Chula Vista. Compliance with all applicable federal, state and local laws and with any approval from
any responsible public agency would also be required.
Mitigation: None
XWII. RECR]gATION. WouM zhe proposal:
a) Increase the demand for neighborhood or regional rn r~ rn []
parks or other recreational facilities?
b) Affect existing recreational opportunities? r~ o [] []
c) Interfere with recreation parks & recreation plans [] r~ r~ []
or programs?
Comments:
The proposed project only extends the Redevelopment Agency's existing eminent domain authority. The
extension of existing eminent domain authority will not result in any direct physical changes to the
environment; therefore, the proposed project will not result in any significant impacts~to recreational
resources. Indirect physical changes resulting in land use impacts as a result of the Redevelopment
Agency's future acquisition of property through its power of eminent domain and subsequent development
are too speculative to analyze at this time. Any redevelopment projects, which may occur in the future as
a result of the extension of eminent domain power, would, at the time of proposal, be subject to further
environmental review. Said projects would also be required to comply with the City's General Plan,
Zoning Ordinance and all applicable codes, conditions, ordinances, regulations and procedures of the City
of Chula Vista. Compliance with all applicable federal, state and local laws and with any approval from
any responsible public agency would also be required.
Mitigation: N~ne
X'VIH. MANDATORY FINDINGS OF SIGNIFICANCE:
See Negative Declaration for mandatory findings of
significance. If an EIR is needed, this section should
be completed.
a). ' Does the project have the potential to degrade the - [] n r~ []
quality of the environment, substantially reduce the'
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining
levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the
range of a rare or endangered plant or animal or
eliminate important examples o.f the major periods
or California history or prehistory?
Comments:
The proposed project only extends the Redevelopment Agency's existing eminent domain authority. The
extension of existing eminent domain power will not result in any direct physical changes to the
environment; therefore, the proposed project will not result in any significant impactS to sensitive plant or
· ' Indirect physical changes resulting in land use impacts as a :result of the
animal cornmunmeS. _ · .-- -: ..... ~, ,~ uoh itS oower of eminent domain and
Redevelopment Agency's tumre acqmsmon o, ~',~'v'-'L~ ,~,ro ~, 'redevelopment projects, which
subsequent development are too speculative to analyze at this time. Any
may occur in the future as a result of the extension of eminent domain authority, would, at the time of
proposal, be subject to further environmental review. Said project would also be required to comply with
the City's General Plan, Zoning Ordinance and all applicable codes, conditions, ordinances, regulations
and pr~edures of the City of Chula Vista. Compliance with all applicable federal, state and local laws and
with any approval from any responsible publid agency would also be required.
Mfitigation: None
b) Does the project have the potential to achieve [] [] ~ []
short-term, to the disadvantage of long-term,
environmental goals?
Co~ments:
Extending the existing eminent domain authority of the city would not significantly affect the long-term
environmental goals of the City of Chula Vista.
c) Does the project have impactS that are individually m m m m
limited, but cumulatively considerable?
("Cumulatively considerable" means that the.'
incremental effects of a project are considerable
when viewed in connection with the effectS of past
projectS, the effects of other current projectS, and
the effectS of probable future projects.)
CommentS: ' the Redevelopment Agency's existing power of eminent domain. The
The proposed project only extends
extension of existing eminent domain authority will not result in any direct physical changes to the
the proposed project will not result in any significant cumulative impactS. Indirect
environment; therefore, impactS as a result of the Redevelopment Agency's future acquisitibn
physical changes resulting in land use
of property through itS eminent domain authority and subsequent development are too speculative to
analyze at this time. Any redevelopment projects, which may occur in the future as a result of the
extension of eminent domain authority, would, at the time of proposal, be subject to further environmental
review. Said projectS would also be required to comply with the City's General Plan, Zoning Ordinance
and all applicable codes, conditions, ordinances, regulations and procedures Of the City of Chula Vista.
Compliance with all applicable federal, state and iocal, laws a. nd with any approval from any responsible
public agency would also be-required.
-
14 5130102
M~figatlon: ~o~c
d) D~s ~c project have cnvironmen~l cffec~ ~at
will cans~ ~bsmntial ~dvers~ ~ffec~ on human
~s, *i~er d~recfly or indirectly7
Commen~:
No substantial significant cff~cm on hum~ beings would result from extending ~e ciu's existing e~ent
doma~ au~oriW.
~. PRO.CT ~SIONS OR ~TIGATION ~AS~S: NO~ ~Q~D
~. AG~E~ TO ~LE~ ~TIGATION ~AS~S
NO ~TIGA~ON ~AS~S ~Q~D
~. E~O~NT~ FACTO~POTENT~LY AF~CTED: NO~ C~C~D
~ :nviro~enml factors checked ~low would ~ potentially affected by ~is project, involving at least
on: impact ~t is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as
indicated by ~e chec~ist on ~e follow~g pages.
[] Land Use and Planning [] Transportation/Circulation [] Public Services
[] Population and Housing [] Biological Resources [] Utilities and Service Systems
[] Geophysical [] Energy and Mineral Resources [] Aesthetics
[] Water [] Hazards [] Cultural Resources
[] Air Quality [] Noise [] Recreation
[] Paleontology [] Mandatory Findings of Significance
XXII. DETERMINATION:
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, ·
and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, []
there will not be a significant effect in this case because the mitigation measures described
on an attached sheet have been added to the project. A MITIGATED NEGATIVE
DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an []
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a significant effect(s) on the environment, but at []
least one effect: 1) has been adequately analyzed in an earlier document pursuant to
applicable legal standards, and 2) has been addressed by mitigation measures based on the
earlier analysis as described on attached sheets, if the effect is a "potentially significant
impacts" or "potentially significant unless mitigated.' An ENVIRONMENTAL IMPACT
REPORT is required, but it must analyze only the effects that remain to be addressed.
I fred that although the proposed project could have a significant effect on the environment,
there WILL NOT be a significant effect in this case because all potentially significant effects []
(a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b)
have been avoided or mitigated pursuant to that earlier EIR, including revisions or
mitigation measures that are imposed upon the proposed project. An addendum has been
prepared to provide a record of this detei-mination.
SignaMre ' l I - -- "/ Date May 29, 2002
Brian Hunter
Planning & Environmental Services Manager
City of Chula Vista
ORDINANCE NO.
AN OR.DINANCE OF THE CITY OF CHULA VISTA
APPROVING AND ADOPTING THE FOURTH AMENDMENT
TO THE SOUTHWEST REDEVELOPMENT PLAN
WHEREAS, the City Council of the City of Chula Vista ("City Council") adopted
Ordinance No. 2420 on November 27, 1990, approving and establishing the Redevelopment Plan
for the Southwest Redevelopment Project, and the City Council has since amended said
Redevelopment Plan on July 9, 1991 by Ordinance No. 2467, on November 6, 1994 by Ordinance
No. 2612, and on August 22, 2000 by Ordinance No. 2819; and
WHEREAS, in accordance with Section 33333.2 of the California Community
Redevelopment Law, Health and Safety Code Section 33000 et seq. ("Law"), the use of eminent
domain powers can only occur within twelve (12) years from the date of adoption of the Fourth
Amendment to the Redevelopment Plan ("Fourth Amendment"); and
WHEREAS, the Redevelopment Agency of the City of Chula Vista ("Agency") has
requested that the City Council consider the Fourth Amendment in order to extend the authority
to use eminent domain for property acquisition purposes in the Southwest Redevelopment
Project Area ("Project Area"); and
WHEREAS, the Fourth Amendment does not alter the existing prohibition on using
eminent domain on residential property in a residential zone; and
WHEREAS, the Agency has previously certified an Environmental Impact Report
prepared in connection with the Plan; and
WHEREAS, the Planning Commission of the City of Chula Vista ("Planning
Commission") has reviewed the Fourth Amendment and has determined that it is consistent with
the General Plan of the City of Chula Vista; and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources
Code Section 21000 et seq.), the Guidelines for Implementation of the California Environmental
Quality Act (14 Cal. Code Regs. Section 15000 et seq., and the local procedures adopted by the
Agency pursuant thereto, the Agency has prepared and completed a Negative Declaration for the
Fourth Amendment; and
WHEREAS, pursuant to Section 33452 of the Law, public notice has been duly given,
and a full and fair public hearing has been held on the proposed Fourth Amendment in
accordance with the requirements of the Community Redevelopment Law; and
WHEREAS, at the public hearing on the adoption of the Fourth Amendment, written
objections to the Fourth Amendment were submitted to the City Council; and
WHEREAS, in accordance with the requirements of the Community Redevelopment
Law, prior to the consideration of this Ordinance the City Council reviewed and considered all
oral and written objections to the Fourth Amendment presented at or prior to the public hearing,
and after considering such objections approved and adopted written findings in response to each
written objection to the Fourth Amendment submitted to the City Council and based on such
written findings overruled such written objections to the Fourth Amendment;
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
Section 1. The purposes and intent of the City Council in adopting the Fourth
Amendment is to extend the authority of the Redevelopment Agency of the City of Chula Vista
to exercise the power of eminent domain with respect to the Southwest Redevelopment Project
Area, subject to the limitations set forth in the Fourth Amendment. The Fourth Amendment is
hereby found and determined to be necessary to effectuate the purposes of the Redevelopment
Plan for the Southwest Redevelopment Project Area, as amended, in order to alleviate conditions
of blight that were found and determined when the Southwest Redevelopment Plan was
originally adopted and which findings of blight remain applicable and conclusive.
Section 2. Based upon the evidence contained in the Report to the City Council for the
Fourth Amendment to the Southwest Redevelopment Plan, incorporated herein by reference, and
all of the information, testimony, and evidence presented at the pubic hearing on the Fourth
Amendment, the City Council does hereby find, determine, and declare as follows:
a) At the time the original Redevelopment Plan was adopted, the Project Area was
conclusively determined to be a blighted area, the redevelopment of which is necessary
to effectuate the public purposes as set forth in the Law, and that finding and
determination is conclusive and remains applicable to the Project Area, and nothing in the
Fourth Amendment requires a reanalysis or re&termination of the finding of blight with
respect to the Project Area. Nevertheless, the Report to Council offers additional
evidence of the necessity of the Fourth Amendment by providing substantial evidence
that blight continues in the Project Area and that the Fourth Amendment is necessary to
address the continuing element of blight as set forth in the Report to Council.
b) The e Redevelopment Plan, as amended by the Fourth Amendment, would continue to
redevelop the Project Area in conformity with the Law and in the interests of the public
peace, health, safety, and welfare, in that the Fourth Amendment simply extends the
authority the Redevelopment Agency currently has to exercise the power of eminent
domain within certain limits as set forth in the Fourth Amendment.
c) The City Council previously found and determined, which finding is conclusive, that the
carrying out of the Redevelopment Plan is economically sound and feasible, and such
finding remains applicable. Nothing in the Fourth Amendment affects the Plan's
financial provisions or its economic feasibility and thus no further determination or
finding is necessary in this regard.
d) The Planning Commission and the City Council have determined that the Fourth
Amendment is consistent with the City of Chula Vista General Plan, including, but not
limited to the Housing Element of the General Plan.
(e) The carrying out of the Redevelopment Plan, as amended by the Fourth Amendment,
would promote the public peace, health, safety, and welfare of the community and would
effectuate the purposes and policy of the Law, in that the Fourth Amendment will allow
the Agency to continue to exercise a current authority and will assist the Agency to
alleviate conditions of blight in the Project Area.
f) The condemnation of real property, as provided in the Fourth Amendment, is necessary
to the execution of the Redevelopment Plan and adequate provisions have been made for
payment for property to be acquired as provided by law.
g) The City Council previously found and determined, which finding is conclusive, that the
Agency has a feasible method for the relocation of families and persons displaced from
the Project Area, to the extent that implementation of the Redevelopment Plan may result
in the temporary or permanent displacement of any occupants of Project Area housing
facilities, and such finding and determination remains applicable. Nothing in the Fourth
Amendments affects this previously-made finding and determination and no further
finding is necessary in this regard.; and
(h) The City Council previously found and determined, which finding is
conclusive,that there are, or shall be provided, in the Project Area or in other
areas not generally less desirable in regard to public utilities and public and
commercial facilities and at rents or prices within the' financial means of the
families and persons displaced from the Project Area, decent, safe, and sanitary
dwellings equal in number to the number of and available to the displaced
families and persons and reasonably accessible to their places of employment.
The foregoing finding and determination, previously made by the City Council,
remains applicable. Nothing in the Fourth Amendment affects this previously-
made finding and determination and no further finding is necessary in this regard.
i) The City Council reaffn-ms its previously-made finding and determination, which finding
is conclusive,that (1) families and persons shall not be displaced prior to the adoption of
a relocation plan pursuant to Sections 33411 and 33411.1 of the Law, and that dwelling
units housing persons and families of low or moderate income shall not be removed or
destroyed prior to the adoption of a replacement housing plan pursuant to Sections
33334.5, 33413, and 33413.5 of the Law, and (2) ther are, or shall be provided in the
project area or other areas not generally less desirable in regard to public utilities and
public and commercial facilities and at rents and prices within the financial means of the
families and persons displaced from the project area, decent, safe, and sanitary dwelling
units equal in number to the number of and available to the displaced 'families and person
and reasonably accessible to their places of employment. The Fourth Amendment does
not propose the displacement of persons or families and the Fourth Amendment, by its
own terms, does not extend eminent domain authority to the Agency over residentially
zones properties. Therefore, nothing in the Fourth Amendment affects this previously-
made finding and determination and no further finding is necessary in this regard.
i) The City Council previously found and determined, which finding is conclusive, that all
noncontiguous areas of the Project Area, if any, are either blighted or necessary for
effective redevelopment and are not included for the purposes of obtaining the allocation
of taxes from the area pursuant to Health and Safety Code Section 33670 without
substantial justification for their inclusion. Nothing in the Fourth Amendment affects the
foregoing previously-made finding and determination which remains applicable, as the
Fourth Amendment does not change the boundaries of the Project Area or affect the
financial provisions of the Redevelopment Plan. Therefore, no further finding is
necessary in this regard.
k) The City Council previously found and determined, which finding is conclusive, that
inclusion of any lands, buildings, or improvements which are detrimental to the public
health, safety, or welfare is necessary for the effective redevelopment of the project area,
and that any area included is necessary for effective redevelopment and is not included
for the purposes of obtaining the allocation of tax increment revenues pursuant to Health
and Safety Code Section 33670. without other substantial justification for its inclusion.
Nothing in the Fourth Amendment affects the foregoing previously-made finding and
determination which remains applicable, as the Fourth Amendment does not change the
boundaries of the Project Area or affect the financial provisions of the Redevelopment
Plan. Therefore, no further finding is necessary in this regard.
I) The City Council previously found and determined, which finding is conclusive, that
elimination of blight and the redevelopment of the Project Area could not be reasonably
expected to be accomplished by private enterprise acting alone without the aid and
assistance of the Agency. To the extent the Fourth Amendment affects this finding, the
City Council reaffirms said finding with respect to the Fourth Amendment and the
Redevelopment Plan as amended by the Fourth Amendment.
m) The City Council previously found and determined, which finding is conclusive, that the
Project Area is predominantly urbanized and such finding and determination remains
applicable. Nothing in the Fourth Amendment affects the boundaries of the Project Area
or in any other manner affects this previously-made finding, and therefore no further
finding is necessary in this regard.
n) The City Council previously found and determined, which finding is conclusive, that the
time limitations set forth in the Plan and the number of dollars to be allocated to the
Agency under the provisions of the Plan are reasonably related to the proposed projects to
be implemented and to the ability to eliminate blight in the Project Area, and such finding
and determination ~:emains applicable. Nothing in the Fourth Amendment affects the
time limitations on the effectiveness of the Plan or the time limit on the receipt of tax
increment or the proposed projects or in any other manner affects this previously-made
finding and determination.
Section 3. Though the Fourth Amendment does not propose displacement of penn anent
housing facilities, the City Council is satisfied that pennanent housing facilities would be
available within three years ITom the time occupants of the Project Area are displaced and that,
pending the development of the facilities, there will be available to the displaced occupants
adequate temporary housing facilities at rents comparable to those in the City at the time of their
displacement.
Section 4. A full and fair public hearing having been held on the Fourth Amendment,
and the City Council having considered all evidence and testimony for and against the adoption
of the Fourth Amendment and all written and oral objections thereto, and this City Council being
fully advised in the premises, all written and oral objections to the Fourth Amendment to the
extent not otherwise addressed in the Redevelopment Plan or not otherwise responded to are
hereby overruled.
Section 5. The Fourth Amendment to the Southwest Redevelopment Plan, a copy of
which is attached hereto as Attachment No.1 and incorporated herein by this reference, is hereby
approved and adopted.
Section 6. The Southwest Redevelopment Plan as amended by this Fourth Amendment is
the official redevelopment plan for the redevelopment project area designated in said plan.
Section 7. The City Council hereby declares its intention to undertake and complete and
complete any proceedings necessary to be carried out by the community under the provision of
the Plan as amended by the Fourth Amendment.
Section 8. The City Clerk shall publish a copy of this Ordinance as required by Law.
Section 9. The City Clerk shall transmit a copy of this Ordinance to the Redevelopment
Agency.
Presented by
Approved as to fonn by
~~..~
Chris Salomone
Director of Community Development
~4J.-ÆÆ4
City Attorney
J :\COMMDEV\RESOS\Eminent Domain Ordinance.doc
;;>3-58'
,
The Honorable Shirley Horton, Mayor
City of Chula Vista
267 Fourth Avenue
Chula Vista, CA 91910
RECEIVED
November 6, 2002
'02 NOV -7 P2 :49
Dear Honorable Shirley Horton, Mayor:
cln Qf Ctll,\LA \% i.··.
CITY ClE·RK'$ GFFK;ê
This brief letter is to express the concerns of the single-family residents in the 600 block of Sheffield Court as it
pertains to the Two Hour Limited Parking Item at the Chula Vista Council Meeting on November 12, 2002.
Parking on the public portion of Sheffield Court in front of single-family homes is of grave concern to the
homeowners because:
· Vehicle Street Storage parking by residents of Windsor Heights Home Owners Association
(WHHOA) residents prohibit close access to single-family residences for emergency police, fire and
medical vehicles.
· Vehicle Street Storage parking has created an unsafe and hazardous driveway ingress and egress to the
public street for single-family residents.
· Weekly trash pickup has been prevented because of parked vehicles and moved trash containers.
· Visitors and service vehicles to single-family homes do not have street parking available due to the
Vehicle Street Storage created by WHHOA residents.
We have tried our best to be good neighbors by asking for relief from the WHHOA regarding the existing
SafetyNehicle Street Storage parking problem. However, the WHHOA continues to be uncooperative and claims
a fire ordinance prohibits changing their Covenants, Conditions and Restrictions (CC&R's) to allow parking in
their 52 empty off street "Guest" parking spaces, on WHHOA property. Chula Vista Fire Marshal, Rod Hasty,
tells us there is NO SUCH fire ordinance. In fact, he states, that WHHOA residents should fill up the 52 empty
off street "Guest" parking spaces before they park on city streets.
The single-family homeowners on Sheffield Court wish to thank and commend your Traffic Engineering Staff for
their efforts in presenting a viable solution to the Safety Commission for resolution. Also, we wish to thank the
Safety Commission for supporting the Traffic Engineering Staff recommendation and voting 5-0 in favor of two
hour Time Limited Parking 7/24 on Sheffield Court. We will be present at the council meeting of November 12,
20002 to express our support for Time Limited Parking on Sheffield Court and answer any questions the council
may have on this agenda item.
Respectfully,
~~~~~~
613 Sheffield Ct.
(619) 420-3529
(j,~foao
Games 1. Rose
614 Sheffield Ct.
(619) 427-1007
k'~:j~
Paul 1. Wclebob
612 Sheffield Ct.
(619) 427-0718
Copy to:
Council Member Patty Davis
Council Member Jerry Rindone
Fire Marshal Rod Hasty
Council Member Steven Padilla
Council Member Mary Salas
Attachment: Chronology of Events
·
November 6, 2002
CHRONOLOGY
600 BLOCK
SHEFFIELD CT.
The Windsor Heights Home Owners Association (WHHOA) is located directly North of the eight single-
family homes on Sheffield Court. The WHHOA is a 56 unit condominium complex. Each condo has a
two-car garage and off street "Guest" parking spaces. The WHHOA Covenants, Conditions and
Restrictions (CC&R's) do not allow their residents to park in the 52 empty off street "Guest" parking
spaces. Consequently, WHHOA residents use Sheffield Court for "vehicle street storage" leaving their
vehicles parked in front of single-family homes for days and weeks at a time. The street is especially
utilized at night and all weekend.
May 13,2002: The eight single-family residents sent a letter to the WHHOA asking if they would help us
alleviate the "vehicle street storage" problem. In addition to the street storage problem an unsafe and
hazardous backing problem occurs because WHHOA residents park on either side of our driveways
blocking our view of oncoming traffic. Additionally, on the evening prior to trash pickup, WHHOA
residents have moved our trash cans from the street and placed the containers on the sidewalk so they
could park their vehicles. Pacific Waste Corporation will not empty trash containers from the sidewalk
because of their automated trash pickup system. Lastly, the WHHOA "vehicle street storage" causes a
problem for emergency vehicles gaining close access to our homes.
June 17, 2002: LHL Enterprises, Inc., the Property Management Company for the WHHOA, responded
to our letter by stating "Parking activities on public streets is the sole domain of the City of Chula Vista".
July 8, 2002: All eight of the single-family property owners on Sheffield Court sent a request to the City
of Chula Vista Public Works Department asking for help. Included in our letter were pictures showing the
safety issues that were present due to the lack of driveway clearance caused by WHHOA resident
parking, pictures showing trash cans placed on our sidewalks, pictures of vehicles (with the times and
dates) left unattended in front of our homes, and pictures of night time parking by WHHOA residents.
September 12, 2002: The city Traffic Engineering staff presented to the Chula Vista Safety Commission
their recommendation and the Safety Commission voted 5-0 to designate the public portion of the 600
block of Sheffield Court as Time Limited Parking (two hour maximum) twenty-four hours a day, seven
days a week, with parking permits issued to the single-family homeowners on Sheffield Court. At the
Safety Commission meeting WHHOA residents commented that because of a Chula Vista Fire Ordinance
and their CC&R's, they rarely allow parking in their empty "Guest" parking spaces. Safety
Commissioner Gove commented that she has been delivering Meals on Wheels to the WHHOA for seven
years and has NEVER seen a vehicle parked in the off street "Guest" parking spaces.
September 19, 2002: Chula Vista Fire Marshal, Rod Hasty, was contacted and he said there is NO SUCH
ordinance that prohibits parking in the WHHOA 52 "Guest" parking spaces. In fact, he stated that
WHHOA residents should fill up the empty 52 off street "Guest" parking spaces before parking on city
streets.
_._-~_._-
~~tb
I I ~ . ",¡i I \ 1"\ : - ¡-~[' 'j .,j
~ ,I 1-_,
I Lj_ ~ 1 I .~ _ J _ _ I _ \ I~..í
FOUNDATION
November 12, 2002
Chula Vista City Council
276 Fourth Avenue
Chula Vista, CA 91910
Honorable Mayor Shirley Horton and Council Members:
We are here today on behalf of the 400 children of the South Bay Aquatics Swim Team, the Patriots Water
Polo Club, and Baron Aquatics Water Polo Club. There are several other aquatics organizations in Chula
Vista that are also interested in this agenda item. We are concerned that the interests of the aquatics
community were not represented during the development of the Parks and Recreation Master Plan.
About 3 years ago, several parents attended a meeting to collect community input on the parks master plan.
This meeting was held at Hilltop Middle School. We all placed our names, addresses and phone numbers
on a list, and were told we would be called for further input. We were never contacted again.
Over the years, I've called the Parks and Recreation Departments on several occasions to track the progress
of the plan. I was always told that it was still under development. I asked to be called whenever there was
an opportunity for public input. I was never contacted. South Bay Aquatics is the 2"" largest swim club in
the county, with 300 members. The childreu of this club swim at 4 different pools throughout the South
Bay. At no time were any of the board members or coaches of this club contacted for their input or
concerns as they relate to public pools.
As we understand it, the plan before you calls for 2 Olympic sized pools to be constructed in the same
complex. This may occur in 2007 or 2008. We appland the efforts of all those that helped develop this
plan. But if these pools were built today, it is almost certain that aquatics programs would still be
impacted. The current 2 pools in the City are wonderful facilities, but are inadequate for the amount of
used from the various clubs and high schools. There is a severe shortage of pool time available for public
use. By the time these new pools are built, there will still be a shortage due to the high growth anticipated
for Chula Vista.
We are asking that the council consider putting these pools on a fast track, or at the very least, consider
constructing another stand alone pool in a different location, at a much earlier date. If there were a pool
built immediately, at least 1,000 new athletes would be able to begin training right away. We believe it's in
the community's interest to encourage our children to be physically active. We should provide them with
as many alternatives as possible to help them become the involved, productive citizens that make Chula
Vista such a great place to live. We will continue to stay involved in this process, and will be attending
future Growth Management Oversight Committee meetings to encourage rapid development of pools for
the community. Thank: you for hearing us.
Sincerely,
~/~.
Robert L. Newman
Cc: Steve Palma, GMOC
"A public benefit corporation dedicated to America's young athletes in aquatic sports."
605 Redlands Place, Bonita, CA, 91902 - Phone: (619) 9344337
Friends of Otay Valley
Regi.onal Park
5
9 November 2002
Steven P. Palma
121 Orange Avenue, #90
Chula Vista, CA 91911
Dear Steve,
I invite you to participate in a dedication ceremony honoring the memory of Tom Pasqua.
On Saturday, November 23, starting at 10:00, the Friends of Otay Valley Regional Park
(OVRP) will dedicate a bench we have purchased and donated to Otay Lakes County Park.
The bench is a mernorial to Tom Pasqua, a gifted teacher and civic leader, who served on
the Otay Valley Regional Park Citizen Advisory Committee and who helped found the
Friends of OVRP.
To reach Otay Lakes County Park, take L StreetlTelegraph Canyon Road/Otay Lakes Road
(the name changes enroute) to Wueste Road, the turn-off for Lower Otay Reservoir and the
Olympic Training Center. Wueste Road ends at Otay Lakes County Park. Altematively,
go east on Olympic Parkway from I-80S. Turn right on Wueste Road. We will begin our
ceremony underneath the shade structure. Light refreshments will be served.
I hope you will be able to join us on November 23. Share with us our happiness in
completing this project to honor the memory of Torn Pasqua. Share with us, too, your
visions for making the Otay Valley Regional Park a vibrant resource for the residents of
San Diego County.