HomeMy WebLinkAboutAgenda Packet 2003/01/07CITY COUNCIL AGENDA
January 7, 2003 4:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
CIIY OF
CHULA VISI'A
City Council
Patty Davis
John McCann
Jerry R. Rindone
Mary Salas
Stephen C. Padilla, Mayor
City Manager
David D. Rowlands, Jr.
City Attorney
John M. Kaheny
City Clerk
Susan Bigelow
The City Council meets regularly on the first calendar Tuesday at 4:00 p.m.
and on the second, third and fourth calendar Tuesdays at 6:00 p.m.
Regular meetings may be viewed at 7:00 p.m. on Wednesdays on
Cox Cable Channel 24 or Chula Vista Cable Channel 68
AGENDA
January 7, 2003
4:00 P.M.
CALL TO ORDER
ROLL CALL: Councilmembers Davis, McCann, Rindone, Salas, and Mayor Padilla.
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
INTRODUCTION BY BUCK MARTIN, DIRECTOR OF RECREATION, OF THE
EMPLOYEE OF THE MONTH, SANDY LIJCERO, RECREATION SUPERVISOR II
CONSENT CALENDAR
(Items 1 through 8)
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) andsubmit it to the City Clerk
prior to the meeting. Items pulled frorn 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 December 10, 2002.
Staff recommendation: Council approve the minutes.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE SECTION 8.24.180 UNDER
CHAPTER 8.24, "SOLID WASTE AND LITTER" (SECOND READING AND
ADOPTION)
The City has utilized property liens as an effective tool for enfoming the collection of
delinquent trash service accounts for the last eighteen months. This has allowed the City
to collect past due charges via the owner's next property tax bill and also restricts transfer
or refinancing of the property until the debt is paid. In order for this effective practice to
continue, the County is requiring specific amendments pursuant to Chula Vista Municipal
Code section 8.24.180, chapter 8.24, authorizing the imposition of liens and special
assessments. (Assistant City Manager Powell)
Staff recommendation: Cotmcil place the ordinance on second reading for adoption.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE OTAY RANCH VILLAGE 1 AND 5 PEDESTRIAN BRIDGE
DEVELOPMENT iMPACT FEE TO 1NCLUDE VILLAGE 6 TO PAY FOR
PEDESTRIAN BRIDGE IMPROVEMENTS AS A CONDITION OF ISSUANCE OF
BUILDING PERMITS (SECOND READING AND ADOPTION)
Adoption of the ordinance approves an updated pedestrian bridge ordinance and
Development Impact Fee program that assures funding for the completion of four bridges
as the Otay Ranch villages are completed. The fee, payable at issuance of a building
permit, will increase to $783 per equivalent single-family dwelling unit from $545.
(Director of Public Works)
Staffrecommendation: Council place the ordinance on second reading for adoption.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE ADDITION OF THE CALIFORNIA BORDER ALLIANCE
GROUP (CBAG) METH STRIKE FORCE REGIONAL COORDINATOR POSITION,
RECLASSIFYING THE POSITION OF CBAG AUDIT COORDINATOR,
ADJUSTING THE SALARY FOR THE CBAG PROGRAM ANALYST POSITION,
ADJUSTING THE SALARY FOR THE POSITION OF CBAG DEPUTY DIRECTOR,
AMENDING THE FISCAL YEAR 2003 POLICE DEPARTMENT BUDGET, AND
APPROPRIATING UNANTICIPATED REVENUES FROM CBAG THEREFOR
(4/5THS VOTE REQUIRED)
Adoption of the resolution approves a new position of CBAG Meth Strike Force
Regional Coordinator, reclassifies the position of CBAG Audit Coordinator to CBAG
Budget Manager, adjusts the salary for the CBAG Program Analyst position and adjusts
the salary for the position of CBAG Deputy Director. (Chief of Police)
Staff recommendation: Council adopt the resolution.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING $48,705 FROM THE DEPARTMENT OF ALCOHOLIC BEVERAGE
CONTROL'S GRANT ASSISTANCE PROGRAM, FUNDED BY THE CALIFORNIA
OFFICE OF TRAFFIC SAFETY, AMENDING THE FISCAL YEAR 2002/2003
BUDGET, AND APPROPRIATING $43,205 FOR OVERTIME COSTS AND $5,500
FOR SUPPLIES AND SERVICES (4/5THS VOTE REQUIRED)
The Department of Alcoholic Beverage Control recently awarded the Police Department
a grant of $48,705 through the Grant Assistance Program. The funding is being provided
by the California Office of Traffic Safety. (Chief of Police)
Staff recommendation: Council adopt the resolution.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING $4,011.44 FROM THE JOINT TERRORISM TASK FORCE'S
REGIONAL INFORMATION SHARING INITIATIVE AND AMENDING THE
FISCAL YEAR 2002/2003 BUDGET THEREFOR (4/5THS VOTE REQUIRED)
The Chula Vista Police Department was awarded $4,011.44 to help offset the cost of
participating in the Joint Tencorism Task Force's Regional Information Sharing Initiative.
The Department will participate in the development and evaluation of a database that will
be shared by federal, state and local law enforcement agencies to improve the sharing of
intelligence related to terrorism investigations. Funds will be used to pay for the
anticipated overtime to participate in this project. (Chief of Police)
Staff recommendation: Council adopt the resolution.
Page 2 - Council Agenda 01/07/2003
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE SECOND AMENDMENT TO THE AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND THE SAN DIEGO UNIFIED PORT DISTRICT
FOR THE PROVISION OF POLICE AND FIRE SERVICES
This second amendment to the agreement reflects mutual agreement between The City
and the San Diego Unified Port District on the cost calculation methodology, it updates
the reimbursement amounts owed to the City for services provided during Fiscal Year
2001 and Fiscal Year 2002, and extends the term of the original agreement through June
30,2003. (Police Chief and Fire Chief)
Staff recommendation: Council adopt the resolution.
8A.
REPORT REGARDiNG THE DEVELOPMENT IMPACT FEE, PARK ACQUISITION
AND DEVELOPMENT FEE, AND TRUNX SEWER CAPITAL RESERVE FUNDS
FOR THE FISCAL YEAR ENDED JUNE 30, 2002
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
MAKING FINDiNGS THAT THE UNEXPENDED FUNDS IN THE PARK
ACQUISITION AND DEVELOPMENT (PAD) FEE FUND ARE STILL NEEDED TO
PROVIDE CONSTRUCTION OF FACILITIES FOR WHICH THE FEES WERE
COLLECTED
State law requires local agencies assessing Development Impact Fees and capacity
charges to make available specified financial data to the public each fiscal year. The
repor~ is available in the Office of the City Clerk for public review, which satisfies that
requirement. (Assistant City Manager Powell, Director of Public Works)
Staff recommendation: Council accept the report and adopt the resolution.
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 generally prohibits 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.
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.
Page 3 - CouncilAgenda 01/07/2003
CONSIDERATION OF CHANGES AND MODIFICATIONS TO THE TYPES OF
PUBLIC FACILITIES AUTHORIZED TO BE FINANCED BY COMMUNITY
FACILITIES DISTRICT NO. 2001-2 (MCMILLIN - OTAY RANCH, VILLAGE SIX)
Staffrecommendation: Council open the public hearing and continue it to the meeting of
January 14, 2003.
10.
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
On December 10, 2002, Council approved Urgency Ordinances No. 2886-B and 2887-B,
which are effective for thirty days only. Urgency Ordinance No. 2886-B amended
Chapter 17.10 of the Chula Vista Municipal Code that contributes to an increase in the in-
lieu fees for park development and land acquisition. Urgency Ordinance No. 2887-B
amended Chapter 3.50 of the Municipal Code, adding a new recreation component to the
Public Facilities DIF, updating the impact fee structure and increasing the fee.
Ordinances 2886 and 2887 were adopted on second reading by Cotmcil on November 19,
2002 and will become effective 60 days thereafter. Adoption of the proposed Urgency
Ordinances 2886~C and 2887-C will enable the City to continue to collect the updated
fees during the 60-day waiting period before Ordinances 2886 and 2887 become
effective. (Director of Budget and Analysis)
Staff recommendation: Council conduct the public hearing and adopt the following
urgency ordinances:
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 (PAD) FEES TO PAY FOR
PARKLAND ACQUISITION AND VARIOUS PARK FACILITIES WITHIN
THE CITY OF CHULA VISTA'S GENERAL PLAN AREA BOUNDARY
B. URGENCY ORDINANCE OF THE C1TY 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 (PFDIF) TO PAY FOR VARIOUS PUBLIC
FACILITIES WITHIN THE CITY OF CHULA VISTA'S GENERAL PLAN
AREA BOUNDARY
ACTION ITEMS
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.
Page4 - CouncilAgenda 01/07/2003
11.
CONSIDERATION OF ADOPTION OF RESOLUTIONS ADOPT1NG A BOUNDARY
MAP OF THE TERRITORY PROPOSED FOR COMMUNITY FACILITIES
DISTRICT NO. 07-I (BROOKFIELD SHEA OTAY - VILLAGE ELEVEN);
DECLARING INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT
NO. 07-1; ORDERING AND DIRECTING THE PREPARATION OF A REPORT FOR
PROPOSED COMMUNITY FACILITIES DISTRICT NO. 07-1; AND DECLARING
INTENTION TO ISSUE BONDS OF COMMUNITY FACILITIES DISTRICT NO. 07-1
(BROOKFIELD SHEA OTAY - VILLAGE ELEVEN) TO BE SECURED BY
SPECIAL TAXES LEVIED WITHIN COMMUNITY FACILITIES DISTRICT NO.
07-1 TO PAY FOR THE ACQUISITION OR CONSTRUCTION OF CERTA1N
FACILITIES
Brookfield Shea Otay, LLC has requested that the City initiate proceedings to form
Community Facilities District No. 07-I (Brookfield Shea Otay - Village Eleven) (CFD-
07-I) for the purpose of financing the acquisition or construction of public facilities
serving their properties within Brookfield Shea ownership. Adoption of the resolutions
approves a boundary map of CFD-07-I; declares the intent of the City Council to form
CFD-07-I and to designate the improvements therein, describes the improvements
authorized to be financed by CFD-07-I, declares the intention of the City Council to
authorize the levy of special taxes pursuant to the rate and method of apportionment of
such special taxes to finance such improvements, declares the intention of the City
Council to authorize CFD-07-I to incur a bonded indebtedness, direct the special tax
consultant to prepare the Special Tax Report and set the public hearing for this
Community Facilities District for February 18, 2003. (Director of Public Works)
Staffrecommendation: Council adopt the following resolutions:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING A BOUNDARY MAP SHOWlNG THE BOUNDARIES OF THE
TERRITORY PROPOSED TO BE INCLUDED 1N PROPOSED COMMUNITY
FACILITIES DISTRICT NO. 07-I (BROOKFIELD SHEA OTAY - VILLAGE
ELEVEN)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES
DISTRICT NO. 07-I (BROOKFIELD SHEA OTAY - VILLAGE ELEVEN)
AND TO AUTHORIZE THE LEVY OF SPECIAL TAX THEREIN TO
FINANCE THE ACQUISITION OR CONSTRUCTION OF CERTAIN PUBLIC
FACILITIES
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ORDERING AND DIRECTING THE PREPARATION OF A REPORT FOR
PROPOSED COMMUNITY FACILITIES DISTRICT NO. 07-I (BROOKFIELD
SHEA OTAY - VILLAGE ELEVEN)
Page 5 - CouncilAgenda 01/07/2003
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECLARING ITS INTENTION TO ISSUE BONDS OF COMMUNITY
FACILITIES DISTRICT NO. 07-I (BROOKFIELD SHEA OTAY - VILLAGE
ELEVEN) TO BE SECURED BY SPECIAL TAXES LEVIED WITHiN SUCH
DISTRICT TO PAY FOR THE ACQUISITION OR CONSTRUCTION OF
CERTAIN FACILITIES
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
12. CITY MANAGER'S REPORTS
A. Scheduling o£meetings.
13. MAYOR'S REPORTS
14. COUNCIL COMMENTS
ADJOURNMENT to an Adjourned Regular Meeting on Saturday, January 11, 2003 at 9:00
a.m., at the Norman Park Senior Center, located at 270 F Street, and
thence to the Regular Meeting of January 14, 2003, at 6:00 p.m. in the
Council Chambers.
Page 6 - CouncilAgenda 01/07/2003
ORDINANCE NO.
ORDINANCE OF THE CITY
AMENDING CHULA VISTA
OF
LA VISTA
MUNICIPAL CODE
SECTION 8.24.180 UNDER CHAPTER 8.24 "SOLID
WASTE AND LITTER"
WHEREAS, everyone using solid waste disposal services must pay for the
services rendered; and
WHEREAS, if a person using solid waste disposal services does not pay for
these services and his or her account becomes delinquent, certain means must
be used to recover the amount in arrears and also discourage future
delinquencies; and
WHEREAS, an effective tool for recovering the monies owed on delinquent
accounts is by filing a lien against the offending property, which allows the City to
collect past due charges via the owner's next property tax bill and also restricts
transfer or refinancing of the property until the debt to the City is paid; and
WHEREAS, the County may block the City from using its lien recordation
system if certain amendments to the Municipal Code are not adopted, thereby
allowing some individuals to thwart the City's collection efforts; and
NOW, THEREFORE, the City Council of the City of Chula Vista does
hereby ordain:
SECTION I. That Section 8.24.180 of the Chula Vista Municipal Code is
amended to read as follows:
(Redlined text is deleted; underlined is added)
8.24.180
Payment of solid waste collection charges - penalty for
delinquency.
A. Payment obligation. The city council finds and determines that the regular
collection of Solid Waste, Yard Waste and Designated Recyclables and the
disposal or processing thereof by the contract or franchise agent of the city from
all places in the city is a part of the integrated solid waste management service to
the premises from which it is collected. All owners and occupants of premises
within the city shall be responsible for paying the monthly collection service rate
charged by the city or its contract or franchise agent, or shall comply with the
provisions of this Chapter for an exemption from mandatory service as set forth
in Section 8.24.180.H. No person that has not previously applied for and
Solid Waste and Litter Amendment Text Underlined is Added
Page 2 of 8 Text Redlined is Deleted
received an exemption shall willfully fail, neglect or refuse, after demand by the
city or its contract or franchise agent to pay the service fees.
B. Billing and payment. All Solid Waste service charges shall be billed upon a
monthly or bi-monthly basis as determined by the city council, and shall be due
and payable by the ownedoccupant at the time indicated in the billing statement.
The city's solid waste contract or franchise agent will provide solid waste billing
services, and subject to the provisions of this Chapter, be primarily responsible
for the collection of payments. The due date for each class of generator shall be
clearly indicated on the bill/invoice. If the due date falls on a Saturday, Sunday
or legal holiday, the customer will have until the end of the next regular business
day to make payment. Payments made by mail must be post-marked no later
than midnight of the due date on the invoice. Payments may be made in person
on or before the due date between 8 a.m. and 5 p.m., Monday through Friday
excluding holidays at the contract or franchise agent's Chula Vista office.
C. Billing cycles, classifications and due dates. All Solid Waste service
charges for Small Generators (residential dwellings and businesses with curb
service) shall be billed bi-monthly in advance. The due date for Small Generator
invoices shall be the last day of the bi-monthly billing cycle. Solid Waste service
charges for Large Generators (residences and businesses with bin, compactor or
roll-off service) shall be billed monthly in arrears. The due date for Large
Generator invoices shall be 15 days after the last day of the monthly billing cycle,
The cost of temporary services such as industrial roll-off boxes may be applied to
the monthly or bi-monthly billing statements of existing customers, secured by a
line of credit or paid for as "Cash On Delivery" (COD) as mutually agreed by the
city contract or franchise agent and the customer. The city will direct the contract
or franchise agent to deliver invoices to the Postal Service in a manner that will
provide a customer no less than 15 days for delivery and payment of their invoice
without penalty.
D. Service rates. The contract or franchise agent shall set service rates subject
to a Maximum Rate established by the city council. A complete schedule of
Maximum Rates, shall be kept on file with the city clerk and the city conservation
coordinator and is available for public review. Maximum Rates may be subject to
increase pursuant to the terms of the city's contract or franchise with the contract
or franchise agent(s). Subject to the terms of the then in effect contract or
franchise, the council may from time to time establish such rates by resolution,
including the establishment of rates for different classifications of generators
(residential, commercial, industrial or sub-classifications thereof) or types of
materials generated, including preferential or discounted rates for senior citizens
or Iow income families or other classifications which are deemed to be in the
public interest.
E. Penalties for delinquency- notification.
Solid Waste and Litter Amendment Text Underlined is Added
Page 3 of 8 Text Redlined is Deleted
1. Delinquent accounts - .qenerally. A bill shall be considered delinquent if
payment in full is not received by the close of business or, postmarked before
midnight, of the due date as shown on the bill. However, when the final day falls
on a Saturday, Sunday or legal holiday payment may be made without penalty on
the next regular business day. If payments for Small Generator invoices have
not been received by the city's contract or franchise agent ten days before the
due date, the city's contract or franchise agent shall send notification ("First
Warning'_') outlining potential late fees and penalties to the resident or business.
2. Late notice. In the event the owner or occupant of any premises or
business shall be delinquent in payment of any part or all of the Solid Waste fees
and the delinquency continues for a period of ten days after the due date shown
on the bill, the city's contract or franchise agent shall send notification ("Late
Notice") to the owner and occupant informing both of the amount owed and the
schedule of penalties and costs accrued at each stage of delinquency as defined
below. The notification to the owner shall be mailed to the name and address
listed on the last available property tax assessment roll and shall inc!udc indicate
the-that .~the delinquencty amount may re-be assessed as a lien and
collected on the owner's property tax bill.
If payment in full is not received by the due date on the bill/invoice, the city or
its contract or franchise agent may impose a one time late/processing fee equal
to 10 percent of the charges owed or ten $10.00, whichever is greater In
addition, for each 30 days the delinquent bill remains unpaid the city or; its
contract or franchise agent may impose additional late/processing fees equal to
1% percent of the outstanding debt.
In addition to any late fee(s) imposed pursuant to the paragraph above, if
payment in full is received more than 15 days after the due date on the
.......... ~. .............. ~ ...................... the c o_jr
its contract or franchise agent may charge an additional _ estart fee" of $10.00.
minimum send one bill/invoice at least ten days before the due date and one
notification letter by first class mail to the owner or occupant prior to assessing a
penalty.
3. Final late notice. In the event that the owner or occupant of any premises
or business is delinquent in payment of all or any part of the Solid Waste bill,
other than for which they have applied for and received an exemption from the
city, for a period of 90 days after the due date, of the invoice the city or its
contract or franchise agent shall assign the delinquent account to the city for
collection. Upon mutual agreement the city contract or franchise agent may
assign delinquent accounts to the city before ninety days. At least ten days prior
to assigning an account to the city for collection the city contract or franchise
agent shall send a second notification ('_'Final Late Notice'_') to the owner. The
Solid Waste and Litter Amendment Text Underlined is Added
Page 4 of 8 Text Redlined is Deleted
notification shall include the total current amount due, a description of the
potential penalties for delinquent amounts and a description of the potential lien
~",,, *~-.,,v .... ,,,.......,*--- ~,..v .... ~,,~.,..~,~'"'~""'~ the location where the bill may be paid in person
during regular business hours and a self_-addressed return envelope for payment
by mail.
4. Final r~Notice of d_Delinquency. Upon assignment of the delinquent
account to the city for collection, the delinquent charges, penalties and fees may
be collected by the city:
a. pursuant to a lien imposition and property tax bill process provided
below;
b. by suit in any court of competent jurisdiction: or
c. any other manner permitted by law or equity at the city's discretion.
Prior to setting a hearing to consider a lien the city will send notification (';Final
Notice of Delinquency") to the property owner with a detailed description of the
amount owed, penalty schedule, lien procedure and associated costs and
administration fees ~*~'
F. Lien process for solid waste services.
1. Lien process - generally. The entire amount due for Solid Waste
services, including all penalties, interest, reasonable attorney's fees, and
administrative fees that have accrued against the account plus any county fees
for processing and coilectinq the lien (hereinafter collectively referred to as
"Charges") shall be a charge on the property served and shall be a continuinq
lien upon the property served, the lien to become effective upon recordation of a
Notice of Delinquent Solid Waste Service Charqe (hereinafter "Notice of
Delinquency").
Any Charges imposed in accordance with this ordinance shall be a debt of the
owner of property served from the time the Charges are levied. At any time after
an account has become delinquent and a hearing has been held, the Finance
Director may file for record in the office of the San Diego County Recorder, a
Notice of Delinquency as to such property served, which notice shall state the
amount of the Charges. The notice also shall contain the street address and
assessors parcel number of the property served, the name of the record or
reputed record owner of such property, and the name and address of the city or
the name and address of the trustee authorized by the city to enforce the lien (if
by non-iudicial foreclosure as provided below).
Immediately upon recordin,q of any Notice of Delinquency pursuant to the
foregoing provisions of this section, the amount of the Charqes shall be and
become a lien upon the property served described therein. In the event the
Solid Waste and Litter Amendment Text Underlined is Added
Page 5 of 8 Text Redlined is Deleted
Charges are paid fully or otherwise satisfied prior to the completion of any sale
held to foreclose the lien provided for in this ordinance, the Finance Director shall
record a further notice stating th.e satisfaction and release of such lien.
Each lien may be foreclosed as and in the same manner as the foreclosure of
a mortqage upon real property under the laws of the State of California, or may
be enforced by sale pursuant to California Civil Code sections 2920 et seq. and
1367, or any successor statute or law, and to that end, the right to enforce thc.
lien by sale is hereby conferred upon the city and its trustee desiqnated in the
Notice of Delinquency, or a trustee substituted pursuant to California Civil Code
section 2934a. The city shall have the power to bid for the property served at a
foreclosure sale, and to acquire and hold, lease, mort.qa.qe and convey the same.
A suit to recover a money iud.qment for Cl~ar.qes shall be maintainable without
foreclosing or waiving the lien securing the same. In any action by the city tn
collect Charqes the prevailinq party shall be entitled to recovery of its costs and
reasonable attorney's fees.
!~_2. Hearing and lien - notice. When the full amount for said Solid Waste
service charge is not paid within fifteen days after the Final Notice of
Delinquency, the city clerk may set said delinquent account for hearing by the
city council at a regular or adjourned regular meeting which will be held at least
seven calendar days after such fifteen-day period has expired. The owner of the
property shall be mailed notice of the time and place of the hearing. The notice
shall also inform the property owner that failure to pay said delinquent account
will result in a lien upon the property, and the amount owed will be charged to the
property owner on the next regular tax bill. Notice of the public hearing shall also
be published once at least ten days in advance thereof in a newspaper of general
circulation published in the city of Chula Vista. The city clerk shall post a copy of
such notice of the time and place of hearing, in a conspicuous place at or near
the entrance of the council chambers in the city hall.
23. Delinquent accounts - hearing and assessment. The city council
shall consider said delinquent accounts at the time set for hearing together with
any objections or protests by interested parties. Any owner of land or person
affected by the charges may present a written or oral protest or objection to the
delinquency of said account or the amount owed thereon. At the conclusion of
the hearing, the city council shall either approve the delinquency and amount
owed on the account as submitted or as modified or corrected by the city council.
The decision of the city council on the charges and on all protests or objections.
shall be final and conclusive. The amounts so approved shall reflect the entire
amount due, including all penalties, interest and administrative fees that have
accrued against the account as of the date of the hearing plus any county fees
(for processing and collecting the lien). The amount shall be charged to the
property owner on the next regular tax bill and shall be a lien upon the properly
involved. The city council shall confirm such assessment and cause the same to
be recorded on the assessment roll and, thereafter, such assessment shall
Solid Waste and Litter Amendment Text Underlined is Added
Page 6 of 8 Text Redlined is Deleted
constitute a special assessment and lien upon the property. The city council
shall adopt a resolution assessing such amounts as liens upon the respective
parcels of land as they are shown upon the last available assessment roll.
,34. Delinquent accounts - administrative fee. All delinquent accounts
that are not paid within ten days after the Final Delinquency Notice has been
posted may be charged an administrative processing fee to offset the costs
incurred by the city in administering the provisions of this chapter. The
administrative processing fee (designated for administrative convenience only in
the Master Fee Schedule) shall be added to the amount due as collected by the
city under Section E.4_3, above.
G. Solid waste service deposits required when - amount. The city or its
contract or franchise agent have the right to require deposits from the owner or
occupant of any premises who has allowed his/her bill for Solid Waste service
charge to become delinquent or who does not have an acceptable credit rating.
Deposits shall be equal to the estimated amount of the Solid Waste service
charges for two billing cycles, but in no event shall the deposit be less than
twenty-five dollars.
H. Request for exemption from fees - city approved exception.
1. Terms for an exemption. All exemptions and extensions will be granted
for a period of not more than 180 days and shall be at the discretion of the
director of public works or his/her designee. Applicants which have been sited
with a notice of violation or administrative citation and those that are late on
sewer or Solid Waste fee payment within the past six months will not be qualified
for an exemption.
2. Process for request, Requests for an exemption for mandatory solid
waste services and payment shall be made on a form provided by the director of
public works. Requests on the required form shall be completed by the applicant
and submitted to the city as outlined on the form at least five working days before
the next applicable solid waste billing cycle. An extension of an approved
exemption may be requested by submitting the request in writing at least ten
days before the end of the current extension period.
3. Conditions of an approved application. Applicants shall agree to an
inspection of their premises to verify compliance with solid waste diversion and
pay an inspection fee to the director of public works or his designee per
exemption period of fifteen dollars. The inspection fee shall be waived if the
premises are in compliance. If the premises are found to not be in compliance
subsequent re-inspection fees shall also be charged. Failure to notify the city
conservation coordinator or the city's contract or franchise agent in writing prior to
re-occupying the premises or otherwise altering compliance with the exemption
Solid Waste and Litter Amendment Text Underlined is Added
Page 7 of 8 Text Redlined is Deleted
conditions, shall constitute delinquency of payment for collection charges and
charges and penalties shall be retroactive to the first day of the exemption
period. In all cases, property owners and or their agents will be expected to
maintain sanitary premises pursuant to Section 8.24.060 including but not limited
to litter abatement, clean side walks and gutters, and yard waste recycling (as
appropriate) throughout the exemption period.
4. Special terms. Exemptions will not apply retroactively except as stated in
a Class 1, vacancy exemption below. All exemptions requested by tenants shall
also be signed by the property owner.
a. Vacancy exemption for unoccupied premises. In the event that the
premises are unoccupied and all water, sewer, electricity and gas are also
disconnected, an owner or occupant of a residence or business may request a
Vacancy Exemption. Should the premises be unoccupied due to a death or
similar hardship, the executor, beneficiary or county probate administrator may
request a retro-active exemption. It is the responsibility of the occupant and/or
the property owner to cancel an exemption for vacancy and restart service if the
property is to be occupied before the end of the exemption period. The request
for service shall be made to the city contract or franchise agent at least two
regular business days before the next regular collection service day.
b. Self-haul. Occupant or tenants of premises may apply for an
exemption from fees for all or part of the solid waste, yard waste and recycling
services and remove or convey waste and/or recyclables for processing and
disposal which they generate themselves. Such persons must provide weekly
receipts for disposal at a state permitted landfill or transfer station and/or
appropriate recycling facility at the end of each billing cycle or upon demand by
the city or its contract or franchise agent. Persons provided an exemption are
still subject to state mandated waste diversion goals and may not: (1) dispose of
their waste in the waste receptacle of another generator in Chula Vista or another
jurisdiction, in a park or street litter bin, (2) contract with a third party to remove
and convey their waste, (3) burn their waste in their fireplace or other means, (4)
dispose of designated recyclables, or otherwise improperly dispose of waste or
recyclables as established in section 8.24.040, 8.24.045 and 8.24.050. A self-
hauler exemption is not a permit to haul waste generated by a second party.
c. Source reduction, recycling and composting exemption. The
occupant/owner of any premises may apply for an exemption from all or part of
the Solid Waste, Yard Waste and Recycling fees for 100 percent diversion (no
disposal of any kind, anywhere). Such persons must provide a written
description of their solid waste management plans to comply with the state
mandated landfill diversion goal and the city's integrated solid waste
management plan.
Solid Waste and Litter Amendment Text Underlined is Added
Page 8 of 8 Text Redlined is Deleted
d. Newly annexed areas. Property owners and occupants within an
area newly annexed to the city, that was not currently using the city's contract or
franchise agent may use the service of a private refuse collection service other
than the city's franchise agent for a period not to exceed one billing cycle. If the
owner or occupant was under a pre-existing franchise agreement with a private
refuse collection service other than the city's contract or franchise agent they
may remain with that service to the extent required by law until the end of the
agreement period less any extensions in that agreement for a period not to
exceed 180 days.
e. Franchisee's right to suspend service. The city contractor or
franchise agent may suspend collection service and/or charges from a Large
Generator for:
i. Vacancy;
ii, Delinquency of payment subsequent to implementation of Section
8.24.180.E; or
iii. Mutual agreement by the city and contract or franchise agent.
The contractor shall notify the City quarterly of all suspended accounts
that did not result in payment.
SECTION II. This Ordinance shall take effect and be in full force on the thirtieth
day from and after its adoption.
Submitted by:
Finance Director
Assistant City Manager
Approved as to form by:
John M. Kaheny
City Attorney
ORDINANCE NO. ~ ~.ik~\~G
AN ORDINANCE OF THE CIT~IL OF
CHULA VISTA AMENDiNG THE OTAY RANCH
VILLAGE 1 AND 5 PEDESTRIAN BRIDGE
DEVELOPMENT IMPACT FEE TO iNCLUDE
VILLAGE 6 TO PAY FOR PEDESTRIAN BRIDGE
IMPROVEMENTS AS A CONDITION OF
ISSUANCE OF BUILDING PERMITS
WHEREAS, 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; and
WHEREAS, the City Council has determined that new development within
certain areas within the City of Chula Vista as identified in this ordinance, will create
adverse impacts on certain existing public facilities which must be mitigated by the
financing and construction of those facilities identified in this ordinance; and
WHEREAS, developers of land within the City are required to mitigate the
burden created by their development by the construction or improvement of those
facilities needed to provide service to their respective developments or by the payment of
a fee to finance their portion of the total cost of such facilities; and
WHEREAS, development within the City contributes to the cumulative burden on
pedestrian 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; and
WHEREAS, the goal of the Otay Ranch General Development Plan is to organize
land uses based upon a village concept to produce a cohesive, pedestrian friendly
community, encourage non vehicular trips and foster interaction amongst residents; and
WHEREAS,
comprehensive trail
transportation; and
a component of the Otay Ranch circulation system is a
system to provide for non-vehicular alternative modes of
WHEREAS, the Otay Ranch GDP requires a non-auto circulation system, such as
pedestrian walkways and bike paths, shall be provided between villages. And, where
appropriate and feasible, a grade separated arterial crossing should be provided to
encourage pedestrian activity between villages; and
WHEREAS, the City Council adopted the Otay Ranch Village 1 and 5 Pedestrian
Bridge Development Impact Fee ("Impact Fee") by Ordinance 2767 in order to pay for
pedestrian bridge facilities that will serve Otay Ranch Villages 1, 5 and 6; and
Ordinance
Page 2
WHEREAS, the Sectional Planning Area Plan for Otay Ranch Villag~ 6 identifies
two potential pedestrian bridges on its Trails Plan; including one pedestrian bridge that is
partially funded by the original Otay Ranch Village 1 and 5 Pedestrian Bridge
Development Impact Fee; and
WHEREAS, the Conditions of Approval for Otay Ranch Village 6 tentative maps
require that a fimding mechanism be established to pay for one-half of each of the two
Village 6 bridges; and
WHEREAS, pedestrian facilities have been built, or are proposed to be built, that
will directly connect Villages 1, 5 and 6, including a continuous Village Pathway and
cartpath system. The pedestrian facilities cross major streets and their use would be
encouraged and facilitated by the provision of over-crossings of these major streets; and
WHEREAS, the completion of the pedestrian bridges in Village 6 that will
complete the linkage of the pedestrian facilities in Village 1, 5 and 6, serving to enhance
overall pedestrian access in and among these Villages would be facilitated by including
the funding for the construction of the bridges required by the Village 6 tentative maps in
the current Impact Fee program by: 1) amending the per unit fees payable at issuance of a
building permit; 2) revising the facilities to be financed by the Impact Fee; and 3)
revising the territory to which the Impact Fee is applicable to include Village 6; and
WHEREAS, the original Pedestrian Bridge Development Ordinance used the
persons per dwelling unit rates established in Section 17.10.040 of the Chula Vista
Municipal Code for the various residential land use categories in deriving the Equivalent
Dwelling Unit ratio upon which the Impact Fee is based; and
WHEREAS, the persons per dwelling unit rates for Parkland Dedication in Sec.
17.10.040 were modified by Ordinance No. 2886. The rates for single family went from
3.22 persons per unit to 3.52 persons per unit and the multiple-family rates went from
2.21 persons per dwelling units to 2.61 persons per unit. The attached, cluster housing or
planned unit development and the duplex categories were deleted from Sec 17.10.040;
and
WHEREAS, Otay Ranch, Villages 1, 5 and 6 is that area of land within the City
of Chula Vista surrounded by Telegraph Canyon Road, Otay Lakes Road, Heritage Road,
Olympic Parkway, La Media Road Birch Road and SR-125. This area is shown on the
map marked Exhibit "1," and included as an attachment to the City of Chula Vista
Pedestrian Bridge Development Impact Fee Report, dated November 6, 1998, and the
updated Pedestrian Bridge Development Impact Fee Report dated December __, 2002
on file in the Office of the City Engineer; and
WHEREAS, City Engineering Staff has approved the City of Chula Vista
Pedestrian Bridge Development Impact Fee Report dated November 6, 1998; and the
updated Pedestrian Bridge Development Impact Fee Report, dated December __, 2002
("Report"); and
Ordinance
Page 3
WHEREAS, said Report, recommends pedestrian over-crossing facilities needed
for pedestrian access, and establishes a fee payable by persons obtaining building permits
for developments within Otay Ranch Villages 1, 5 and 6 benefiting from the construction
of these facilities; and
WHEREAS, a series of meetings have been held with the owners and developers
of properties located within Otay Ranch Villages 1, 5 and 6 to discuss the Report and city
staff recommendations establishing the Otay Ranch Village 1, 5 and 6 Pedestrian Bridge
Development Impact Fee; and
WHEREAS, the Environmental Impact Reports 95-01-and 98-01 adequately
addressed the issue of pedestrian safety and design features of the pedestrian bridges; and
WHEREAS, on, December 17, 2002 a Public Hearing was held before the City
Council to provide an opportunity for interested persons to be heard on the approval of
the Report and establishment of the Impact Fee; and
WHEREAS, the City Council determined, based upon the evidence presented at
the Public Hearing, including, but not limited to, the Report and other information
received by the City Council in the course of its business, that imposition of the Impact
Fee on all developments within Otay Ranch Villages 1, 5 and 6 in the City of Chula Vista
is necessary in order to protect the public safety and welfare and to ensure effective
implementation of the City's General Plan; and
WHEREAS, the City Council has determined that the amount of the Impact Fee
levied by this ordinance does not exceed the estimated cost of providing the public
facilities identified by the Report.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Environmental Review
The Environmental Impact Reports 95-01 and 98-01 adequately addressed
environmental concerns associated with the construction of pedestrian facilities.
SECTION 2. Approval of Report
The City Council has reviewed the proposed Pedestrian Bridge Development
Impact Fee Report dated December ,2002 and has adopted the same, by Resolution
No.2002- , in the form on file in the Office of the City Clerk.
SECTION 3. "Facilities"
Ordinance
Page 4
The facilities to be financed by the Impact Fee are fully described in the Pedestrian
Bridge Development Impact Fee Report and incorporated herein by this reference,
("Facilities"), all of which Facilities may be modified by the City Council from time to
time by resolution. The locations at which the Facilities will be constructed are shown on
Exhibit "4," of the approved City of Chula Vista Pedestrian Bridge Development Impact
Fee Report, which is included in the Report. The City Council may modify or amend the
list of projects herein considered to be part of the Facilities by written resolution in order
to maintain compliance with the City's Capital Improvement Program or to reflect
changes in land development and estimated and actual pedestrian generation.
SECTION 4. Territory to Which Fee Is Applicable
The area of the City of Chula Vista to which the Impact Fee herein established
shall be applicable is set forth on Exhibit "4" of the Report and is generally described
herein as the "Territory."
SECTION 5. Purpose
The purpose of this ordinance is to establish the Impact Fee in order to provide
the necessary financing to construct the Facilities within the areas shown in Exhibit "1"
of the Report, in accordance with the City's General Plan.
SECTION 6. Establishment of Fee
The hnpact Fee, to be based on a per Equivalent Dwelling Unit ("EDU") basis,
and payable prior to the issuance of building permits for residential development projects
within the Territory, is hereby established to pay for the Facilities.
SECTION 7. Due on Issuance of Building Permit
The Impact Fee shall be paid in cash upon the issuance of a residential building
permit. Early payment is not permitted. No building permit shall be issued for residential
development projects subject to this Ordinance unless the developer has paid the Impact
Fee imposed by this Ordinance.
SECTION 8. Determination of Equivalent Dwelling Units
Residential land uses shall be converted to Equivalent Dwelling Units on the basis
of persons per dwelling unit for the purpose of this fee based on_.the following table:
EDU by Land Use
Land Use Persons per dwelling unit EDUs
Single Family ("SF") 3.52 I
Ordinance
Page 5
Multi Family ("MF") 2.61 0.74
"Single Family" shall mean a residential unit within a subdivision, planning area or
neighborhood with a net density of 8 units per acre or less as shown on the approved
tentative map for said subdivision, planning area or neighborhood.
"Multi-Family" shall mean a residential unit within a subdivision, planning area or
neighborhood with a net density of greater than 8 units per acre as shown on the approved
tentative map for said subdivision, planning area or neighborhood.
SECTION 9. Time to Determine Amount Due; Advance Payment Prohibited.
The Impact 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 was granted or applied for, or when the building permit plan
check was conducted, or when application was made for the building permit.
SECTION 10. Purpose and Use of Fee
The purpose of the Impact Fee is to pay for the planning, design, construction
and/or financing (including the cost of interest and other financing costs as appropriate)
of the Facilities, or reimbursement to the City or, at the discretion of the City if approved
in advance in writing, to other third parties for advancing costs actually incurred for
planning, designing, constructing, or financing the Facilities. Any use of the Impact Fee
shall receive the advance consent of the City Council and be used in a manner consistent
with the purpose of the Impact Fee.
SECTION 11. Amount of Fee; Amendment to the Master Fee Schedule
The initial Impact Fee shall be calculated at the rate of $605 per EDU. Chapter
XVI, Other Fees, of the Master Fee Schedule is hereby amended to add Section E, which
shall read as follows:
"E." Otay Ranch Village 1, 5 and 6 Pedestrian Bridge Development Impact Fee.
This section is intended to memorialize the key provisions of Ordinance No. _,
but said ordinance governs over the provisions of the Master Fee Schedule. For example,
in the event of a conflict in interpretation between the Master Fee Schedule and this
ordinance, or in the event that there are additional rules applicable to the imposition of
the Impact Fee, the language of this ordinance governs.
a. Territory to which Fee Applicable.
The area of the City of Chula Vista to which the Impact Fee herein established shall be
applicable is set forth in Exhibit "1" of the City of Chula Vista Pedestrian Bridge
Ordinance
Page 6
Development Impact Fee Report dated December __., 2002, and is generally
described as the area surrounded by Telegraph Canyon Road, Otay Lakes Road, Heritage
Road, Olympic Parkway, La Media Road, Birch Road and SR-125,
b. Rate per Residential Land Use and Fee
The Impact Fee shall be calculated at the rate of $605 per EDU and translated into a fee
per land use based on the EDU factors given below, which rate shall be adjusted from
time to time by the City Council.
Residential Land use EDU's Fee
Single Family ("SF") 1 $605
Multi Family("MF") 0.74 $447
c. When Payable.
The Impact Fee shall be paid in cash not later than immediately prior to the issuance of a
building permit.
The City Council shall review the amount of the Impact Fee annually or from time to
time. The City Council may, at such reviews, adjust the amount of this Impact Fee as
necessary to assure construction and operation of the Facilities. The reasons for which
adjustments may be made include, but are not limited to, the following: 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 Cost Index (ENR-CCI);
changes in the type, size, location or cost of the Facilities to be financed by the Impact
Fee; changes in land use in the City's General Plan; other sound engineering, financing
and planning information. Adjustments to the above Impact Fee may be made by
resolution amending the Master Fee Schedule.
SECTION 12. Authority fbr Accounting and Expenditures.
The proceeds collected from the imposition of the Impact Fee shall be deposited
into a public facility financing fund ("Otay Ranch Village 1, 5 and 6 Pedestrian Bridge
Development Impact Fee Fund," or alternatively herein "Fund") which is hereby created
and shall be expended only for the purposes set forth in this ordinance, The Director of
Finance is authorized to establish various accounts within the Fund for the Facilities
identified in this ordinance and to periodically make expenditures from the Fund for the
purposes set forth herein in accordance with the facilities phasing plan or capital
improvement plan adopted by the City Council.
SECTION 13. Findings.
The City Council hereby finds the following:
Ordinance
Page 7
The establishment of the Impact Fee is necessary to protect the public safety and
welfare and to ensure the effective implementation of the City's General Plan.
B
The Impact Fee is necessary to ensure that funds will be available for the
construction of the Facilities concurrent with the need for these Facilities and to
ensure certainty in the capital facilities budgeting for growth impacted public
facilities.
The mount of the fee levied by this ordinance does not exceed the estimated cost
of providing the Facilities for which the fee is collected.
New development projects within the Territory will generate a significant mount
of pedestrian traffic that current pedestrian facilities cannot service, therefore
construction of the Facilities will be needed to service new development projects.
That the legislative finding and determination set forth in Ordinance 2767
continue to be true and correct.
SECTION 14. Impact Fee Additional to other Fees and Charges.
The Impact Fee established by this section 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.
SECTION 15. Mandatory Construction of a Portion of the Facilities; Duty to Tender
Reimbursement Offer.
Whenever a developer is required as a condition of approval of a development
permit to construct or cause the construction of the Facilities or a portion thereof, the City
may require the developer to install the Facilities according to design specifications
approved by the City and in the size or capacity necessary to accommodate estimated
pedestrian traffic as indicated in the Report and subsequent amendments. If such a
requirement is imposed, the City shall offer, at the City's option, to reimburse the
developer from the Fund either in cash or over time as Fees are collected, or give a credit
against the Impact Fee levied by this ordinance or some combination thereof, in the
amount of the costs incurred by the developer that exceeds their contribution to such
Facilities as required by this ordinance, 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 Impact Fee. The City may update the Impact Fee calculation, as City
deems appropriate prior to making such offer. This duty to offer to give credit or
reimbursement shall be independent of the developer's obligation to pay the Impact Fee.
SECTION 16. Voluntary Construction of a Portion of the Facilities; Duty of City to
Tender Reimbursement Offer.
Ordinance
Page 8
If a developer is willing and agrees in writing to design and construct a portion of
the Facilities in conjunction with the prosecution of a development project within the
Territory, the City may, as part of a written agreement, reimburse the developer from the
Fund either in cash or over time as Fees are collected, or give a credit against the Impact
Fee levied by this ordinance or some combination thereof, in the amount of the costs
incurred by the developer that exceeds their contribution to such Facilities as required by
this ordinance, 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 Impact
Fee and in an amount agreed to in advance of their expenditure in writing by the City.
The City may update the Impact Fee calculation, as City deems appropriate prior to
making such offer. This duty to extend credits or offer reimbursement shall be
independent of the developer's obligation to pay the Impact Fee.
SECTION 17. Procedure for Entitlement to Reimbursement Offer.
The City's duty to extend a reimbursement offer to a developer pursuant to
Section 15 or 16 above shall be conditioned on the developer complying with the terms
and conditions of this section:
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 construction of
the Facilities, excluding any work attributable to a specific subdivision
project.
The request for authorization shall contain the following information, and
the City may from time to time request such other information as:
(1)
Detailed descriptions of the work to be conducted by the developer
with the preliminary cost estimate.
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 to the City for approval;
(2)
Developer shall secure and dedicate any right-of-way required for
the improvement work;
(3)
Developer shall secure all required permits and environmental
clearances necessary for construction of the improvements;
(4)
Developer shall provide performance bonds in a form and amount,
and with a surety satisfactory to the City;
Ordinance
Page 9
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
Developer shall pay all City fees and costs.
The City shall be held harmless and indemnified, and upon
demand by the City, defended by the developer for any of the costs
and liabilities associated with the improvements.
The developer shall advance all necessary funds for the
improvements, including design and construction. The City will
not be responsible for any of the costs of constructing the facilities.
The developer shall secure at least three (3) qualified bids for work
to be done. The construction contract shall be granted to the lowest
qualified bidder. 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.
The developer shall provide a detailed cost estimate, which
itemizes those costs of the construction attributable to the
improvements. Soils Engineering shall be limited to 7.5 percent of
the project cost, Civil Engineering shall be limited to 7.5 percent of
the hard cost and landscape architecture shall be limited to 2
percent of the landscaping cost. The estimate is preliminary and
subject to final determination by the Director of Public Works
upon completion of the Public Facility Project.
The agreement may provide that upon determination of satisfactory
incremental completion of the public facility project, as approved
and certified by the Director of Public Works, the City may pay the
developer progress payments in an mount not to exceed 75
percent of the estimated cost of the construction completed to the
time of the progress payment but shall provide in such case for the
retention of 25 percent of such costs until issuance by the City of a
Notice of Completion.
The agreement may provide that any funds owed to the developer
as reimbursements may be applied to the developer's obligations to
pay the impact Fee for building permits to be applied for in the
future.
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 project to the City. The Director of Public
Works shall make the final determination on expenditures, which
are eligible for reimbursement.
Ordinance
Page 10
(13)
After final determination of expenditures eligible for
reimbursement has been made by the Public Works Director, the
parties may agree to offset the developer's duty to pay Impact Fees
required by this ordinance against the City's duty to reimburse the
developer.
(14)
After offset, if any funds are due the developer under this section,
the City may at its option, reimburse the developer from the Fund
either in cash or over time as Fees are collected, or give a credit
against the Impact Fee levied by this ordinance or some
combination thereof, in the amount of the costs incurred by the
developer that exceeds their required contribution to such Facilities
as required by this ordinance, 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 Impact Fee and
in an amount agreed to in advance of their expenditure in writing
by the City.
(15)
A developer may transfer a credit against the Impact Fee to another
developer with the written approval of the Director of Public
Works in the Director's sole discretion.
SECTION 18. Procedure for Fee Modification.
Any developer who, because of the nature or type of uses proposed for a
development project, contends that application of the Impact Fee imposed by this
ordinance is unconstitutional or unrelated to mitigation of the burdens of the
development, may apply to the City Council for a waiver or modification of the Impact
Fee or the manner in which it is calculated. The application shall be made in writing and
filed with the City Clerk not later than ten days after notice is given of the public hearing
on the development permit application for the project, 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 waiver or modification, and shall provide
an engineering and accounting report showing the overall impact on the DIF and the
ability of the City to complete construction of the Facilities by making the modification
requested by the applicant. 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. The procedure provided by this section is additional to any other procedure
authorized by law for protection or challenging the Impact Fee imposed by this
ordinance.
SECTION 19. Fee Applicable to Public Agencies.
Development projects by public agencies, including schools, shall not be exempt
from the provisions of the Impact Fee.
Ordinance
Page 11
SECTION 20. Assessment District.
If any assessment, community facilities district or special taxing district is
established to design, construct and pay for any or all of the Facilities ("Work
Alternatively Financed"), the owner or developer of a project may apply to the City
Council for reimbursement from the Fund or a credit in an amount equal to that portion of
the cost included in the calculation of the Impact Fee attributable to the Work
Alternatively Financed. In this regard, the amount of the reimbursement shall he based on
the costs included in the Report, as amended from time to time, and therefore, will not
include any portion of the financing costs associated with the formation of the assessment
or other special taxing district.
SECTION 21. Expiration of this Ordinance.
This ordinance shall be of no further force and effect when the City Council
determines that the amount of Impact Fees which have been collected reaches an amount
equal to the cost of the Facilities.
SECTION 22. Time Limit for 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 23. Other Not Previously Defined Terms.
For the purposes of this ordinance, 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 in
Section 66000 of the State Government Code.
SECTION 24. Effective Date.
Ordinance
Page 12
This ordinance shall become effective sixty days after its second reading and
adoption.
Presented by
John P. Lippitt
Public Works Director
Approved as to form by
City Attorney
COUNCILAGENDASTATEMENT
Item Z~
Meeting Date 01/07/03
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
Resolution Authorizing the addition of the CBAG Meth
Strike Force Regional Coordinator position, reclassifying the position
of CBAG Audit Coordinator, adjusting the salary for the CBAG
Program Analyst position, adjusting the salary for the position of
CBAG Deputy Director and amending the FY 03 Police Department
adopted budget and appropriating unanticipated revenues from CBAG
therefore. ~, .~
Chief of Police~
City Manager ~,~ ~ (4/5th Vote: Yes X No .)
Request the addition of a new position of CBAG Meth Strike Force Regional Coordinator,
reclassifying the position of CBAG Audit Coordinator to CBAG Budget Manager, adjusting
the salary for the CBAG Program Analyst position and adjusting the salary for the position
of CBAG Deputy Director. The Human Resources Director has approved all changes.
RECOMMENDATION: Council adopt the resolution authorizing the addition of the
position of CBAG Meth Strike Force Regional Coordinator, reclassifying the position of
CBAG Audit Coordinator to CBAG Budget Manager, adjusting the salary for the CBAG
Program Analyst position, adjusting the salary for the CBAG Deputy Director and amend
the FY 03 Police Department budget and appropriating unanticipated revenues from CBAG
therefore.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION: The Police Department entered into an agreement with the Office of
National Drug Control Policy in 1996 to be the fiscal agent for the California Border Alliance
Group (CBAG). CBAG is part of the Southwest Boarder High Intensity Drug Trafficking
Area. In essence, the City receives full funding, plus a 2% administrative fee, to hire and
administer benefits for CBAG positions. To date, there are currently seven CBAG positions
with the City of Chula Vista that are fully funded from the Office of National Drug Control
Policy.
The three adjustments/additions are detailed below:
1. CBAG recently received grant funding for a regional project dedicated to the
education/treatment and subsequent reduction of methamphetimines, "Club Drugs"
and precursor chemicals available to illicit drug manufacturers and traffickers. This
project will require the coordination of numerous law enforcement agencies,
community coalitions, schools, community groups, health agencies, clinics,
treatment providers and information sharing with regulatory, intelligence and
analytical communities. CBAG will add the position of CBAG Meth Strike Force
Page 2, Item ]
Meeting Date 01/07/03
Regional Coordinator to work with specific communities to implement prevention,
intervention, interdiction, and treatment strategies through a coordinated approach
to decrease the impact of methamphetamine and other "club drugs". This position
will require the development of a coordinated service and interdiction system
integrating multiple disciplines, revenue development and liaison activities with the
Methamphetamine Strike Force. The annual E step salary for this position will be
$68,741.75.
Due to the nature of the funding, this position will be "Unclassified". Additionally, this
position will receive the same benefit package as is provided to Mid-Managers.
CBAG is also requesting a reclassification of the CBAG Audit Coordinator position.
The Audit Coordinator position has undergone significant changes with the
additional responsibility of assisting the Office of National Drug Control Policy
(ONDCP) in their efforts to contract for an automated budget development and
reprogramming relational databases for the entire High Intensity Drug Trafficking
Area (HIDTA) program. After testing and implementation, this position will be the
Southwest Border HIDTA's program administrator with full authority to assign and
maintain access rights for each user in the system as well as creating custom
reports from the relational database. This is in addition to the incumbent's normal
duties. The new title of this position will be CBAG Budget Manager.
Due to the nature of the funding, this position will also remain "Unclassified" and
receive the same benefit package as is provided to Mid-Managers.
CBAG is requesting a salary adjustment for the position of CBAG Program Analyst.
Since the inception of the position, it has had a significant increase in the level of
responsibilities as well as the accrual of additional duties. Additionally, this position
requires discretion, diplomacy and a knowledge level that significantly exceeds the
duties and qualifications contained in the 1999 position description. The new salary
"E" step should be set at $83,000 annually. There are no changes in the benefit
package.
The position of CBAG Deputy Director was established based upon, and tied to, the
federal GS Salary Schedule. This position does not receive or is eligible for regular
step increases or City COLA's. Therefore, the salary for the CBAG Deputy Director
should be set at $99,587.76 annually. There are no changes in the benefit package.
All adjustments/additions will become effective January 10, 2003.
FISCAL IMPACT: The cost to/for these adjustments/additions for FY 03 is $50,117.
However, CBAG will fully reimburse the City for the cost of this position, including a 2%
administrative fee. Therefore, there is no cost to the General Fund for this fiscal year or
succeeding fiscal years.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING THE ADDITION OF THE CBAG METH STRIKE
FORCE REGIONAL COORDINATOR POSITION, RECLASSIFYING THE
POSITION OF CBAG AUDIT COORDINATOR, ADJUSTING THE
SALARY FOR THE CBAG PROGRAM ANALYST POSITION,
ADJUSTING THE SALARY FOR THE POSITION OF CBAG DEPUTY
DIRECTOR AND AMENDING THE FY 03 POLICE DEPARTMENT
ADOPTED BUDGET AND APPROPRIATING UNANTICIPATED
REVENUES FROM CBAG THEREFORE.
WHEREAS, the City of Chula Vista is the fiscal agent for the Office of
National Drug Control Policy and the California Border Alliance (CBAG); and,
WHEREAS, the City of Chula Vista is fully reimbursed for all CBAG
positions; and,
WHEREAS, CBAG has requested to add the position of CBAG Meth
Strike force Regional Coordinator, reclassify the position of CBAG Audit
Coordinator, adjust the salary for the positions of CBAG Program Analyst and
CBAG Deputy Director;
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of
Chula Vista does hereby authorize the addition of the CBAG Meth Strike Force
Regional Coordinator position, reclassifying the position of CBAG Audit
Coordinator, adjusting the salary for the CBAG Program Analyst position,
adjusting the salary for the position of CBAG Deputy Director and amending the
FY 03 Police Department adopted budget and appropriating unanticipated
revenues from CBAG therefore.
F~ichard P. Emerson
Police Chief
Approved as ~ form by: ,
Jc~fhyn, aM~)rnl~eye~y 0~L'/v~
COUNCIL AGENDA STATEMENT
Item No
Meeting Date '1/7/02
ITEM TITLE:
RESOLUTION ACCEPTING $48,705 FROM
THE DEPARTMENT OF ALCOHOLIC BEVERAGE
CONTROL'S GRANT ASSISTANCE PROGRAM FUNDED
BY THE CALIFORNIA OFFICE OF TRAFFIC SAFETY AND
AMENDING THE FY 02-03 BUDGET AND
APPROPRIATING $43,205 FOR OVERTIME COSTS AND
$5,500 FOR S~I~PPLIES AND SERVICES
SUBMITTED BY: Chief of Polic~
REVIEWED BY: City Manager~'~--~,~ ~' (4/5ths Vote: Yes__
X No )
The Department of Alcoholic Beverage Control (ABC) recently awarded the
Police Department a grant of $48,705 through the Grant Assistance Program.
The funding is being provided by the California Office of Traffic Safety.
RECOMMENDATION: That council accept $48,705 from ABC's Grant
Assistance Program funded by the California Office of Traffic Safety and amend
the FY 02-03 Police budget by appropriating $43,205 for overtime costs and
$5,500 for supplies and services.
BOARDS/COMMISSIONS RECOMMENDATIONS: N/A
DISCUSSION: The Department has been awarded $48,705 from ABC's Grant
Assistance Program, funded by the California Office of Traffic Safety. Working in
partnership with ABC, the Department will work to increase enforcement of
underage drinking laws and implement proven strategies to reduce driving under
the influence (DUI) and youth access to alcohol.
The City of Chula Vista encompasses 38 census tracts. Thirty-nine percent of
Chula Vista's populated census tracts are considered high crime areas,
according to the ABC operational definition. Fifty-nine percent of the City's 260
ABC-licensed establishments are located in these high crime areas.
The overall objective of this project is to significantly reduce the level of crime
associated with alcohol and ABC establishments in the high crime areas. In
support of this objective, the Department proposed a strategy designed to
continue the success of existing programs while implementing new programs to
ensure that ABC problems are comprehensively addressed. The project's
strategy consists of three elements: education, suppression, and prosecution.
5-/
Page 2, Item ~
Meeting Date 1/7/02
Education will allow the Department to continue training the licensees and the
community, and multiply our ABC enforcement capabilities through proactive
training of our officers. Suppression will include the continuation of strict
enforcement of alcohol related laws the Department will target those
establishments that continually fail to comply with laws. For prosecution, the
Department will work with the San Diego County District Attorney's Office to
ensure that alcohol related crimes are prosecuted to the full extent of the law.
Strict prosecution will increase the credibility of our ABC program within the
community.
FISCAL IMPACT: It is anticipated that all ABC funds will be expended in the
current fiscal year resulting in no net impact to the general fund.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING $48,705 FROM THE DEPARTMENT OF
ALCHOLIC BEVERAGE CONTROL'S GRANT ASSISTANCE
PROGRAM FUNDED BY THE CALIFORNIA ~)FFICE OF TRAFFIC
SAFETY AND AMENDING THE FY 02-03 BUDGET AND
APPROPRIATING $43,205 FOR OVERTIME COSTS AND $5,500
FOR SUPPLIES AND SERVICES.
WHEREAS, The Department of Alcoholic Beverage Control (ABC)
recently awarded the Police Department a grant of $48,705 through the Grant
Assistance Program. The funding is being provided by the Califomia Office of
Traffic Safety; and,
WHEREAS, The overall objective of this project is to significantly reduce
the level of crime associated with alcohol and ABC establishments in the high
crime areas; and,
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City
of Chula Vista does hereby accept $48,705 from the Department of Alcoholic
Beverage Control's Grant Assistance Program funded by the California Office of
Traffic Safety and amend the FY 02-03 budget and appropriate $43,205 for
overtime costs and $5,500 for supplies and services.
Presented by:
Police Chief
Approved as to form by:
John M. Kaheny
City Attorney
COUNCIL AGENDA STATEMENT
Item No ~
Meeting Date 1/7/02
ITEM TITLE: RESOLUTION ACCEPTING $4,011.44 FROM
THE JOINT TERRORISM TASK FORCE'S REGIONAL
INFORMATION SHARING INITIATIVE AND AMENDING
THE FY 02-03 BUDGET THEREFORE.
SUBMITTED BY: Chief of Polic~
REVIEWED BY: City Manager ~,~¢~ (4/5ths Vote: Yes X No__.)
The Chula Vista Police Department has been awarded $4,011.44 to help offset
the cost of participating in the Joint Terrorism Task Force's Regional Information
Sharing Initiative (ISI). The Department will participate in the development and
evaluation' of a database that will be shared by federal, state and local law
enforcement agencies to improve the sharing of intelligence related to terrorism
investigations. Funds will be utilized to pay for the anticipated overtime to
participate in this project.
RECOMMENDATION: That council accept $4,011.44 from the Joint Terrorism
Task Fome's Regional Information Sharing Initiative (ISI) and amend the FY 02-
03 budget therefore.
BOARDS/COMMISSIONS RECOMMENDATIONS: N/A
DISCUSSION: The Police Department will be participating in the Joint Terrorism
Task Force's Regional ISl. In order to improve the sharing of intelligence related
to terrorism investigations, the Department will be involved in the development
and evaluation of a database to be shared by federal, state, and local law
enforcement agencies.
Funds will be expended to reimburse the Department for overtime to participate
in ISI Project Team meetings and on the evaluation of software packages for the
project.
Appropriating these funds will facilitate the Department's expanded participation
in the Joint Terrorism Task Force's ISI project as it progresses to the testing and
evaluation phase. This new database will benefit not only the Police Department,
but also all local, state and federal law enforcement agencies in San Diego
County.
FISCAL IMPACT: It is anticipated that all funds will be expended during the
current fiscal year, resulting in no net impact to the General Fund.
RESOLUTION NO.
RESOLUTION OF TH~: CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING $4,011.44 FROM THE JOINT TERRORISM
TASK FORCE'S REGIONAL INFORMATION SHARING
INITIATIVE AND AMENDING THE FY 02-03 BUDGET
THEREFORE.
WHEREAS, The Chula Vista Police Department has been awarded
$4011.44 to help offset the overtime cost of participating in the Joint Terrorism
Task Force's Regional Information Sharing Initiative (ISI); and,
WHEREAS, The Department will participate in the development and
evaluation of a database that will be shared by federal, state and local law
enforcement agencies to improve the sharing of intelligence related to terrorism
investigations; and,
WHEREAS, funds will be expended to reimburse the Department for
overtime to participate in ISI project team meetings and time spent on the
evaluation of software packages for the project; and,
WHEREAS, the City of Chula Vista will accept $4,011.44 from the Joint
Terrorism Task Force's Regional ISI and amend the FY 02-03 budget therefore;
and,
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City
of Chula Vista does hereby accept $4,011.44 from the Joint Terrorism Task
Force's Regional ISI and amends the FY 02-03 budget therefore.
Presented by:
Richard P. Emerson
Police Chief
Approved as to form by:
COUNCIL AGENDA STATEMENT
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
Meeting Date
Resolution 2002 - Approving the Second Amendment to the Agreement
between the City Of Chula Vista and the San Diego Unified Port District for
the provision of Police and Fire Services.
Fire C~
Chief of'l?olice~
City Manager Oe-/ (4/Sths Vote: Yes __ No X )
The first amendment to the 1994 agreement between the City of Chula Vista and the San Diego
Unified Port District for the provision of police and fire protection services to port property expired
on June 30, 2000. Prior to the expiration of the first amendment, the City updated the cost data used
to calculate the reimbursement amount and proposed a second extension of the 1994 agreement. The
Port District evaluated the City's proposal and requested numerous changes to the cost calculation
methodology that resulted in lengthy negotiations that lasted beyond the June 30, 2000 expiration
date. During this period, the City continued to provide services consistent with the terms of the
expired contract. This second amendment to the agreement reflects mutual agreement on the cost
calculation methodology, updates the reimbursement amounts owed to the City for services provided
during FY01 and FY02, and extends the term of the original agreement through June 30, 2003.
RECOMMENDATION: That City Council adopt a resolution approving the second amendment
to the agreement between the City Of Chula Vista and the San Diego Unified Port District for the
provision of police and fire services; and that Council authorize the Mayor to execute the second
amendment.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
In 1994, staff negotiated an agreement with the San Diego Unified Port District for the provision of
police and fire services to the non-tax paying properties on the tidelands covering the period from
July 1, 1994 through June 30, 1997. In 1998, staff negotiated an amendment to the original
agreement extending the period of consideration through June 30, 2000. Prior to the expiration of
the first amendment and pursuant to the terms of the original agreement, the City submitted a
proposal to the Port District outlining reimbursement estimates for services to be provided from July
1,2000 through June 30, 2003. Upon the Port's evaluation of the City's proposal, modifications to
the methodology used to calculate the proposed reimbursement amounts were requested and lengthy
negotiations and analysis ensued. Over the course of the negotiations, the City continued to provide
services under the terms of the first amendment to the agreement, with the understanding that
adjustments would be made to the reimbursement amounts, if necessary, once a new agreement was
reached.
This second amendment to the 1994 agreement reflects consensus on the cost calculation
methodology and increases the reimbursement amount owed by the port to the City fi:om $357,729 to
$443,087 for fiscal year 2000/01 and from $357,729 to $450,125 for each of the fiscal years 2001/02
and 2002/03. The reimbursements for fiscal year 2002/03 will be adjusted as necessary at the end of
the year to reflect any changes in costs associated with providing these services to the Tidelands
during that period. These reimbursement amounts reflect all direct, indirect, and overhead costs
incurred by the City in the provision of these services to the tidelands area. In the near future, staff
will begin working with the Port District on a third amendment to the 1994 agreement that will
extend the terms of the agreement through June 30, 2006.
FISCAL IMPACT:
Adopting this resolution will increase tiao total reimbursement amount oxved by the port to thc City
for the provision of police and tiro scrvices to the non-tax paying properties on the tidelands during
fiscal years 2001, 2002 and 2003 from $1,073,187 to $1,343,335; an increase of $270,148.
ATTACHMENTS:
1) AGREEMENT FOR POLICE AND FIRE SERVICES BETWEEN THE CITY OF
CHULA VISTA AND THE SAN DIEGO UNIFIED PORT DISTRICT.
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE SECOND AMENDMENT TO THE
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
THE SAN DIEGO UNIFIED PORT DISTRICT FOR THE
PROVISION OF POLICE AND FIRE SERVICES
WHEREAS, the First Amendment to the 1994 Agreement between the City of Chula Vista
and the San Diego Unified Port District for the provision of police and fire protection services to port
property expired on June 30, 2000; and
WHEREAS, prior to the expiration of the First Amendment, the City updated the cost data
used to calculate the reimbursement amount and proposed a second extension of the 1994
Agreement; and
WHEREAS, the Port District evaluated the City's proposal and requested numerous changes
to the cost calculation methodology that resulted in lengthy negotiations that lasted beyond the June
30, 2000 expiration date; and
WHEREAS. during this period, the City continued to provide services consistent with the
terms of the expired contract; and
WHEREAS, this Second Amendment to the Agreement reflects the following:
mutual agreement on the cost calculation methodology,
updates the reimbursement amounts owed to the City for services provided
during FY01 and FY02, and
extends the term of the original agreement through June 30, 2003.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby approve the adoption of a resolution approving the Second Amendment to the
Agreement between the City of Chula Vista and the San Diego Unified Port District for the provision
of police and fire services; and
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said Amendment on behalf of the City of Chula Vista.
Presented by
Approved as to form by
John P. Lippitt
Director of Public Works
John M. Kahe~y'
City Attorney
J:\Attorney\RESO\2nd Amendment Port Districl Agmt,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.ka'heny
City Attorney
Second Amendment to the 1994 Agreement by and between the
City of Chula Vista and the San Diego Unified Port District
for the provision of police and fire services
AGREEMENT FOR POLICE AND FIRE SERVICES
BETWEEN THE CITY OF CHULA VISTA AND
THE SAN DIEGO UNIFIED PORT DISTRICT
The parties to this agreement are the SAN DIEGO UNIFIED PORT DISTRICT, a public
corporation, herein called "District" and the CITY OF CHULA VISTA, a municipal
corporation, herein called "City."
RECITALS:
WHEREAS, the District and the City desire to execute an agreement for police and fire
services on non-ad valorem tideland trust property located in the City, and;
WHEREAS, the City has the capacity to provide police and fire services to said District
property, and;
WHEREAS, the District has an obligation to adhere to a principle of reimbursement for
services provided to non-ad valorem tideland trust property, wherein the cost bears a
relationship to the services provided, the reimbursement is substantiated by an
auditable record, and for which the reimbursement is reasonable and falls within the
trust purposes of the District, and;
WHEREAS, the District may authorize the disbursement of money for specified and
approved categories of reimbursement to the City providing such services are based
upon records kept in the normal course of City business;
WHEREAS, said agreement provides for the extension and amendment of this
agreement when mutually consented to by the parties, and
NOW, THEREFORE, it is mutually understood and agreed by and between the parties
as follows:
1. SERVICES TO BE PROVIDED
This agreement covers reimbursement of the cost of police and fire
protection services to be provided by the City upon the District's filled
tidelands and property within the City's limits, which do not generate ad
valorem tax revenues. Those properties include, but are not limited to,
non-dedicated streets, parks and other open space, unleased developed
properties, leased properties wherein the lessee is not subject to ad
valorem taxes (with the exception of properties leased to the City), and
unleased vacant land. Nothing herein contained shall give the City the
right to use or occupy any District real or personal property, or to
otherwise use the services of the District or its employees.
1 of 8
CITY shall provide police, fire and emergency medical services as
contained in the Statement of Reimbursable Expenses of this agreement,
attached hereto as Exhibit A and incorporated by reference as though fully
set forth herein. Only expenditures authorized herein shall be eligible for
reimbursement, unless approved in writing by the District.
For Police Services, the City shall provide services to the same extent and
in the same manner as such member city actually provides or may be
required by law to provide to an ad valorem tax-generating property.
District and City shall, to the extent practicable, meet and confer as
needed to discuss deployment of resources cooperatively in an effort to
avoid duplication of services.
For Fire and Emerqency Medical Services, the City shall provide, to same
extent and in the same manner as such member city actually provides or
may be required by law to provide to an ad valorem tax-generating
property, responses to all calls for fire suppression services by the fire
department; and responses to all calls for emergency medical services, to
such extent as the county, state, or federal government requires the City
to provide. The parties agree that emergency medical services shall be
limited to first responder services.
The activities and services authorized for reimbursement shall only be
those which have occurred, and been rendered on or after July 1, 2000,
and which are in furtherance of the San Diego Bay tideland trust for the
accommodation of commerce, navigation, fisheries, and recreation on said
trust tidelands for the benefit of all of the people of the State of California.
PERIOD
This agreement shall cover services rendered for the three-year period from
July 1, 2000 to June 30, 2003; provided, however, either party may terminate
this agreement at the end of a fiscal year provided written notice is given at least
six (6) months prior to the end of the fiscal year.
CONSIDERATION
In consideration of the foregoing performance of services by the City, the
District shall pay to the City Four Hundred Forty Three Thousand
Eighty Seven Dollars ($443,087) for fiscal year 2001 and Four Hundred
Fifty Thousand One Hundred Twenty Four Dollars ($450,124) for fiscal
years 2002 and 2003, for a total not to exceed One Million Three
Hundred Forty Three Thousand Three Hundred Thirty Five Dollars
($1,343,335). The estimate in consideration for fiscal year 2003 is
recognized as the approximate cost of police and fire services with the
City. If during the three-year contract period the CITY's negotiated costs
2 of 8
for police and fire department salaries and benefits change, City shall give
District written notice and furnish documentation satisfactory to District to
substantiate the changes. The resulting increase or decrease will be
included when establishing the final consideration to be paid commencing
with that fiscal year.
Payments shall be made upon written request to the District and may be
submitted on a quarterly basis at any time during the quarter for the fiscal
year in which services are performed. District agrees to reimburse the
City for any and all expenses within thirty days of receipt of a properly
prepared request for reimbursement, subject to the not-to-exceed sum
specified in 3.A, above.
Payment shall be for reimbursement of expenses to conduct the services
specified in this agreement. Proof of both incurrence and payment shall
be kept on file by the City for review by the District for a period of two
years after the last day of the fiscal year.
TYPES OF REIMBURSABLE EXPENSES
For Police Services, reimbursement shall be based on services provided,
such as, responses to calls for service from persons other than City's
sworn officers; calls for back-up service; preventive patrol, which may
include taking appropriate action on routine incidents encountered where
no arrest occurred and/or no report was made (for example, routine
vehicle impounds and traffic stops); opening and closure of parks and
security patrol as requested in writing by the District; calls by Harbor
Police for City police assistance; reimbursement for consumption of
supplies; storing evidence; actual expenditures in terms of time, material
and overhead in the case of calamities; activities of support staff, for
example, investigating, supervising, and dispatching; a reasonable
allocation of overhead as determined for each category of work; and other
activities or events which call for the deployment of public safety officers.
All costs reimbursed shall be based on services rendered for which the
cost is reasonable and substantiated by data that is auditable to support
that level of service.
For Fire and Emerqency and Medical Services, reimbursement shall be
seven percent (7%) of the direct costs and overhead, representing a
reasonable pro-rata portion of the cost, to operate one of the fire
companies in the City's Fire Station No.1, the primary responder to
tideland emergencies.
3 of 8
STATEMENTS OF EXPENSES
Beginning with March 2003 and every third year thereafter, City shall provide
District with a statement estimating District reimbursements due for services to
be provided to the District during the next three fiscal years for purposes of
reaching mutual agreement on a new contract, if applicable. Said statement
shall be based on the costs incurred in providing police, fire, and emergency
medical services during the previous fiscal year. The estimate for police services
shall include, but not be limited to, the number of calls for service, investigations,
reports, arrests, or other particulars on police actions performed. Where
applicable, the estimate for fire and emergency medical services shall include the
number of calls for service. The estimates for police, fire, and emergency
medical services shall include, but not be limited to, direct labor and other
operating costs, details of allocations of actual support staff costs or
departmental overhead, and general City overhead costs based upon reasonable
and generally accepted accounting principles. The City shall ensure that all data
used in said estimates is supported by an audit trail that readily traces to
underlying authoritative source documents.
DISTRICT POLICE SERVICES
The District shall maintain its current level of police services within the City
tideland area, and reserves the right to augment those services in the following
fiscal year provided written notice is given at least six (6) months prior to the end
of a fiscal year. Said augmentation may result in a reduction in the future City
services that otherwise might have been reimbursable under this agreement.
RECORDS
At the request of the District, and upon reasonable notice, the City shall
make available documentation supporting the request for reimbursement.
Such documentation, if reasonably available, may include, but is not
limited to, time cards, contracts, receipts, original invoices, canceled
checks, payroll documentation, calls for service records, dispatch records,
police and fire budget data, other budget data used to calculate citywide
overhead factors, the City's police staffing model, and other periodic logs
maintained by police and fire staff. The District shall have the right to
review and make copies of documents, insofar as confidentiality
requirements can be reasonably maintained.
No less often than monthly, City agrees to forward to the District copies of
any periodic logs, calls for police, or other police, fire, or medical
emergency incident reports describing incidents occurring on non-ad
valorem tideland properties covered by this agreement. Where available,
exact street addresses should be listed in the logs and calls for service to
assure that only actions on non-ad valorem properties are included.
4 of 8
10.
11.
Quarterly statistical reports detailing the number and types of incidents on
non-ad valorem tideland properties may be substituted.
ASSIGNMENT
City shall not assign this agreement or any right or interest hereunder without
express prior written consent of District, nor shall District assign this agreement
or any right or interest hereunder without express prior written consent of City.
TERMINATION FOR CAUSE
District may terminate its entire obligation upon reasonable notice to City if the
City violates any of the terms of the agreement. City may terminate its entire
obligation upon reasonable notice to the District if the District violates any of the
terms of the agreement.
Prior to termination, said parties shall meet to attempt to resolve the issue(s)
and/or shall utilize the dispute resolution process described in Paragraph 13
below, "Dispute Resolution."
ENTIRE AGREEMENT
It is expressly understood and agreed that this agreement constitutes the entire
agreement between the CITY and the DISTRICT and in no event shall the CITY
be entitled to any compensation, benefits, reimbursement or ancillary services
other than as expressly provided in this agreement. There are no other written or
oral understandings between the parties. No modification or amendment to this
agreement shall be valid unless in writing and signed by the parties hereto_.
HOLD HARMLESS
CITY agrees to indemnify and hold the DISTRICT harmless against and
from any and all damages to property or injuries to or death of any person
or persons, including employees or agents of the DISTRICT, and shall
defend, indemnify and hold harmless the DISTRICT, its officers, agents
and employees, from any and all claims, demands, suits, actions or
proceedings of any kind or nature, of or by anyone whomsoever, in any
way resulting from or arising out of the negligent or intentional acts, errors
or omissions of the CITY or any of its officers, agents or employees,
except where claims or dam.ages arise from the sole negligence or
intentional acts, errors, or omissions of DISTRICT, its officers, agents or
employees.
DISTRICT agrees to indemnify and hold the CITY harmless against and
from any and all damages to property or injuries to or death of any person
or persons, including employees or agents of the CITY and, shall defend,
indemnify and hold harmless the CITY, its officers, agents and employees,
5 of 8
from any and all claims, demands, suits, actions or proceedings of any
kind or nature, of or by anyone, whomsoever, in any way resulting from or
arising out of the negligent or intentional acts, errors or omissions of the
DISTRICT or any of its officers, agents or employees, except where
claims or damages arise from the sole negligence or intentional acts,
errors or omissions of CITY, its officers, agents or employees.
12. INSURANCE REQUIREMENTS
City shall, throughout the duration of this Agreement, maintain commercial
general liability and property damage insurance or a self-insured program
covering all operations hereunder of City, its agents and employees
including, but not limited to, premises and automobile, with minimum
coverage of Ten Million Dollars ($10,000,000) combined single limits.
Evidence of such coverage, in the form of a Certificate of Insurance and
Policy Endorsement which names the District as Additional Insured to the
full limit of the City's insurance policies, shall be submitted to the San
Diego Unified Port District, Jeffrey McEntee, Sr. Director, Business &
Financial Services/Treasurer, P.O. Box 120488, San Diego, CA 92112-
0488.
Said policy or policies shall be primary and non-contributory for all
purposes and shall include the District, its agents, officers and employees
as an Additional Insured by Endorsement.
City's Worker's Compensation and Employer's Liability: In the amounts
required by California State law, and Employer's Liability of not less than
one million dollars ($1,000,000). This policy shall be endorsed to include a
waiver of subrogation endorsement.
District retains the right to make reasonable amendments to the insurance
requirements to the extent the risk of exposure has changed.
The policies described in Item A above shall be endorsed to include the
District, its agents, officers and employees as additional insureds. All
coverages under this section shall be effective as of the effective date of
this Agreement or provide for a retroactive date of placement that
coincides with the effective date of this Agreement.
City shall furnish to District certificates of insurance or proof of a self-
funded program for all policies described above upon execution of this
Agreement, and upon renewal of any of these policies. A Certificate of
Insurance, in the form acceptable to District, and the Additional Insurance
Endorsement, shall be kept on file with District. Except in the event of
cancellation for non-payment of premium, in which case notice shall be
ten (10) days, all such certificates shall indicate that the insurer must notify
District in writing at least thirty (30) days in advance of any change in, or
6 of 8
cancellation of, coverage. Contractor shall also provide written notice to
District prior to cancellation of, or any change in, the stated coverage of
such insurance. The Certificate of Insurance must delineate the name of
the insurance company affording coverage and the policy number(s)
specifically referenced to each type of insurance, either on the face of the
certificate or on an attachment thereto. If an addendum setting forth
multiple insurance companies or underwriters is attached to the certificate
of insurance, the addendum shall indicate the insurance carrier or
underwriter who is the lead carrier and the applicable policy number for
the CGL coverage.
13. DISPUTED REIMBURSEMENTS
If the District or the City discovers, independent of an audit, that the
annual reimbursement amount made under this contract is greater than or
less than the agreed upon amount, the parties shall meet to attempt to
resolve the issues prior to the end of the fiscal year in which the
reimbursement is being disputed. The City shall refund such overpayment
and the District shall remit such underpayment only if both parties mutually
agree that an error was made and agree upon the disputed
reimbursement amount.
If the District conducts an audit of the City records for the affected fiscal
years, and if the District or the City discovers that the annual
reimbursements appear to be overpaid or underpaid, the parties shall
meet to attempt to resolve the issues. The City shall reimburse the District
for an overpayment and the District shall reimburse the City for an
underpayment only if both parties mutually agree that an error was made
and agree with the disputed amount.
If such disputes arise, the parties agree to utilize the dispute resolution
process described in Section 13 of this agreement.
14. DISPUTE RESOLUTION
If a dispute arises out of or related to this agreement, or either party alleges a
breach thereof, and if said dispute cannot be settled through negotiation, the
parties agree first to try in good faith to settle the dispute by mediation under the
Commercial Mediation Rules of the American Arbitration Association, before
resorting to arbitration, litigation, or some other dispute resolution procedure.
15. ATTORNEY'S FEES
In the event any suit is commenced to enforce, protect or establish any right or
remedy of any of the terms and conditions hereof, the prevailing party shall be
entitled to have and recover from the losing party reasonable attorney's fees and
costs of suit
7 of 8
?-/t
16. NO THIRD PARTY BENEFICIARIES
This agreement is made and entered into for the benefit of District and City only,
and it is not intended for the benefit of any third party or any other person, and no
such third party or any other person shall be a third party beneficiary to this
agreement or otherwise have the right to enforce any provisions of this
agreement.
17. CONTRACT ADMINISTRATOR FOR THE DISTRICT
The Business and Financial Services Division of the District is designated as the
District's contract administrator of this agreement and shall receive and process
all reports and requests for payment. All correspondence shall be sent to the
following address:
Jeffrey McEntee
Senior Director, Business & Financial Services/Treasurer
San Diego Unified Port District
P.O. Box 120488
San Diego, CA 92112-0488 Phone: (619) 686-6423
The effective date of this Agreement is July 1, 2000.
CITY OF CHULA VISTA
SAN DIEGO UNIFIED PORT DISTRICT
City Manager - David D. Rowlands, Jr.
Attest:
CityOlerk- Susan Bigelow
Senior Director, Business & Financial Services/Treasurer
Port Attomey
DEPUT
Mayor - Stephen Padilla
Approved as to Form:
City Attorney - John Kaheny
8 of 8
FY200t
FY2002
P(2003
Calls for Service (number)
Available officer hour~
Total cost per required officer
Support staff:
Ratio of suppod staff/officer
Suppo6 staff per officer (1 1 x 1 68)
Annual Cosl per support staff
Tolal suppod staff cost
l'olal Officer/Suppod Staff Cost
]verhead
City Overhead
Overhead (Total Cost ' OH Rate)
rotal Police Services Cost
:ire Services
Fire PelsonneJ Cost
Fire Non-personnel cost
Fire Suppod Staff cost
Total Fire company cost
7% Negotiated Factor
Overhead cost - City overhead
Total Fire Services Cost
Total District Cost
561 hm
328
64
173
a - See Exhibit B for a detailed explanation
b -See Exhibits C and D for turther explanation
c - See Exhibits E and F for fudher detail
d - Estimated cost for FY 2003 was based on FY 2002
365
328
312
64
173
561 hm
365
1521
1,376 2
2,4543
1,4600
1 68 a
$ 92,167 b
fta
$ 78,097 b
$ 144,322
$ 299,t63
15 18%
$ 45,413
32~8
312
64
173
561 hfs
365
152 1
1,376 2
2,4543
1,4600
I 68 a
89,083 b
149,658
81,467 b
300,211
1518%
45,572
$ 980,939 c
84,232 c
141,884 c
$1,206,855
$ 84,480
15 18% 12,824
1518%
$1,028,720 c
131,056 c
149,334 c
$ 91,638
13,911
152 1
1,3762
2,454 3
1,460.0
1.68 a
92,167 b
t54,841
78,097 b
t44,322
299,163
1518%
$1,028,720 c
149,334 c
$1,309,110
$ 91,638
Exhibit A
,PART II: SUPPORT STAFF NEEDED
The 1989-90 ratio of peace officers to support staff (includes
otker sworn and non-sworn staff, e.g. investigators, dispatchsrs,
e~c) was equal to 1.9 support staff to 1 beat officer.~ A
negotiated factor of i.i support staff per beat officer was used
in FY 92-93 calculations and is being recommended for this
contract period. ~owever, the ratio has increased to 1.82.
Thus, for the 2.25 peace o~ficers needed, 1.82 support staff are
needed. ~. '"
P~ATIOS USED TO CALCULATE SUPPORT STAFF WEEDED
SUPPORT STAFF NEEDED
Position
Ratio per Patrol Officer
Lieutenants/Sergeants/Agents 75/79 = .95
Community Service Officers 10/79 .13
Dispatchers (Co~L~ Operators) 23/79 = .29
Auxiliary Services' ** 4/79 = .05
Support Services' 18.5/79 = .24
InvestigatiOns~ 12/79 = ~
TOTAL 1.82
Negotiated Support Staff Ratio
!.!
' The numbers are less than the budgeted positions for that
division to avoid double counting of certain postions previously
counted, such as Agent, Dispatcher and Lieutenant.
EXHIBIT B
CITY OF CHULA VISTA
Statement 9f Reimbursable Expenses
Fiscal Year Ending 2001 and 2002
Costs Per Officer:
Salaries
Benefits
Bilingual Pay
Officer Uniforms (Cleaning)
Overtime
Education Pay
Worker's Compensation
Canine Support
Subtotal
Training
Vehicles
Ammunition
Miscellaneous Supplies
Capital
Subtotal
Total Cost Per Beat Officer
FY 2001
$ 50,642
17,290
486
3OO
6,000
1,443
4,957
119
$ 81,237
FY 2002
$ 53,342
18,096
486
30O
6,023
1,443
4,774
119
$ 84,583
$ 1,039 $ 1,039
5,758 a 5,758
446 446
603 341
$ 7,846
$ 89,083
$ 7,584
$ 92,167
a - Audited vehicle replacement costs per officer:
$ 25,725
3,850
$ 29,575
3,378
$ 32,953
$ 9,858
375
Current cost of vehicle (no accessories).
Current cost of accessories (lights, etc.).
Current cost of communications
Total Vehicle Cost
$ 10,233
7,040
$ 17,273
($29,575 / 3 yrs)
($3,378 / 9yrs)
Annual Replacement Cost
Annual Maintenance Cost
Total Replacement and Maintenance Costs
$ 5,758 ($17,273 / 3 shifts)
Exhibit C
CITY OF CHULA VISTA
Statement of Reimbursable Expenses
Fiscal Year Ending 2001 and 2002
SUpport Staff Direct Costs
(Audited) Fiscal Year Police Department (PD) Actual - Employee Services
1. Number of Beat Officers
2. Annual Cost Per Seat Officer
3. Total Seat Officer Cost (1. X 2 )
4 Number of Canine Officers
5. Additional Cost Per Canine Officer
6 Total Canine Officer Cost (2. X 4. + 5 X 4.)
(Audited) Fiscal Year Actual Support Staff Costa (PD Actual - 3. - 6.)
1. Total Actual Positions
2. Number of Beat Officers
3. NumberofCanine Officers
Number of Support Staff (t. - 2. - 3.)
(Audited) Support Staff Direct Costs (Actual Staff Costs / Number of Support Start)
Support Staff Non-Personnel Costa
(Audited) Fiscal Year PD Actual for Supplies and Services
1 Average Non-Personnel Officer Cost
2. Number of Beat Officers
3. Total Seat Officer Cost (1 X 2)
4 Number of Canine Officers
5 Total Canine Officer Cost (1. × 4)
(Audited) Fiscal Year Actual Support Staff Supplies/Services (PD Actual - 3. - 5.)
I TotalActual Positions
2 Number of Beat Officers
3. Number of Caffine Officers
Number of Support Staff (t. · 2,)
(Audited) Support Staff Non-Personnel Costs
(Actual Support Staff Supplies/Services / Number of Support Staff}
Annual Suo~ort Staff Cost
Support Staff Direct Costs + Non-Personnel Costs
$22,362,627 $251081.039
81 94
$ 81,237 $ 84,583
$6,580,197 $7,95o,802
5 5
$1.644 $1.644
$414,405 $431.135
$15,368,025 $16,699,093
30900 351.00
81 94
5 5
223.00 25200
$68,915 $66,266
$3,473,919 $3,732,051
7,846 $ 7,584
81 94
$635,526 $712,896
5 5
$39,230 $37,920
$2.799,163 $2,981,235
309.00 351.00
81 94
5 5
223.00 252.00
$12,552 $11,830
Exhibit D
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Page 1,Item ~
Meeting Date 1/07/2003
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Report Regarding the Development Impact Fee (D1F), Park Acquisition
and Development (PAD) Fee, and Trunk Sewer Capital Reserve Funds for
the Fiscal Year Ended June 30, 2002
Resolution No. Making Findings that the Unexpended Funds in the
PAD Fee Fund are still needed to provide construction of facilities for
which the fees were collected
SUBMITTED BY:
REVIEWED BY:
Assistant City Manager-Administrative Serviceshff~
Director of Public Works/~ O
City Manager ~ . ~
(4/STHS Vote: Yes No X)
SUMMARY:
State law requires local agencies assessing Development Impact Fees ("DIF") fees and capacity
charges to make available specified financial data to the public each fiscal year. This report
satisfies that requirement and also includes for ease of reference and for the convenience of
members of the public information on Parkland Acquisition and Development (PAD) fees.
RECOMMENDATION:
That Council accepts the report and approves the Resolution making findings that the
unexpended PAD funds are still needed to provide construction of facilities for which the fees
were collected.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable.
DISCUSSION:
State law requires local agencies assessing Development Impact Fees ("DIF") fees and capacity
charges to make available specified financial data to the public each fiscal year. This report
satisfies that requirement and also include for ease of reference and for the convenience of
members of the public information on Parkland Acquisition and Development (PAD) fees. It
Page 2, Item ~
Meeting Date 1/07/2003
also requires that the local agency provide this information to the public for a minimum of fifteen
days prior to reviewing this information at a public meeting. SB 1760 likewise requires local
agencies to make available to the public, within 180 days after the last day of each fiscal year,
infommtion about capacity charges. These reports have been available in the City Clerk's office
for public review since December 9, 2002.
The City of Chula Vista has several types of Development Impact Fees ("DIF"), Parkland
Acquisition and Development fees ("PAD"), and Trunk Sewer Capital Reserve fees, which were
assessed during the fiscal year, ended June 30, 2002. The major categories of DIFs are for
transportation, traffic signal, park, drainage, sewer and public facilities. The Transportation DIF
was increased in October 2001 from $6,065 to $6,240 per single family equivalent dwelling unit
(EDU). A new Traffic Signal Participation fee, last updated in 1993, was approved by Council
in November 2001. The increase from $13 to $23 per average daily vehicle trip was necessitated
by increased costs for equipment and installation of new traffic signals needed to serve new
development. The Public Facilities DIF fees were increased in March 2002 from $2,618 to
$4,888 per EDU. Other existing D1Fs remained at the same rate as the previous year.
DEVELOPMENT IMPACT FEES (DIF)
TRANSPORTATION DEVELOPMENT IMPACT FEE - This fee was adopted by the City to
finance and coordinate the construction of new transportation facilities so that streets are built
when needed. This fee is applicable to all new development east ofi-805. Prior to the program,
streets were built by developers in a fragmented fashion with 6-lane facilities, necking down to 2-
lanes and expanding back to 6 lanes again. In addition, there was a fairness issue since some
developers fronted on large streets and others did not. Now all developers in the Eastern portion
of Chula Vista pay the same fee per dwelling unit and either the City constructs the street or a
developer does, using the cost to offset the TransD~ fee at the building permit stage. The fee for
FY02 was $6,240 per equivalent dwelling unit (EDU). The fees for other land use types, as well
as detailed FY02 financial information are presented in Attachment A - Schedule 1.
EASTLAKE PARK DEVELOPMENT IMPACT FEE - This fee was adopted by the City to
finance the construction of a park facility in the Eastlake area. The loan to Eastlake
Development Corporation was repaid on November I1, 2002. Detailed FY02 financial
information is presented in Attachment A - Schedule 2.
TRAFFIC SIGNAL FEE - This fee was adopted to provide for the projected traffic signal needs
for the City that result from increases in traffic volume caused by development. As funds are
accmnulated they are expended on traffic signal projects that meet the warrants at the time the
funds are available. This is a citywide fee with a FY02 rate of $23 per trip generated. Detailed
FY02 financial information is presented in Attachment A - Schedule 3.
TELEGRAPH CANYON DRAINAGE DIF - This fee is applicable to all new development
within the Telegraph Canyon Drainage Basin and has remained unchanged since 1998. Detailed
FY02 financial information is presented in Attachment A - Schedule 4.
Page 3, Item ~
Meeting Date 1/07/2003
INTERIM PRE-SR125 DEVELOPMENT IMPACT FEE - This fee was adopted by the City
to finance transportation facilities in the Eastern Territories that would be needed to provide
adequate and safe transportation facilities if there are delays in the construction of State Route
(SR) 125 by CALTRANS or others. The fee in FY02 was unchanged from the previous year,
remaining at $820 per EDU. Detailed FY02 financial information is presented in Attachment A -
Schedule 5.
TELEGRAPH CANYON GRAVITY SEWER DIF - This is a fee for the expansion of the
trunk sewer within the basin for tributary properties. The fee in FY02 was unchanged from the
previous year, remaining at $216.50 per EDU. Detailed FY02 financial information is presented
in Attachment A - Schedule 6.
TELEGRAPH CANYON PUMPED SEWER DIF - This fee is collected for the expansion of
the Telegraph Canyon trunk sewer to serve those properties outside of the basin. These flows are
pumped into the trunk line temporarily and it is anticipated they will ultimately drain to another
basin, either Pogo or Salt Creek, by gravity. If Telegraph Canyon basin becomes built out, there
may be no reserve capacity for the temporary pumped flows and a parallel system must be built.
At the time that the Pogo Canyon and/or Salt Creek Basin sewer facilities are completed, the
unused funds paid by developments in the basin will be returned to the current property owners.
The FY02 fee was $560 per EDU, and has remained unchanged since 1994. Detailed FY02
financial information is presented in Attachment A - Schedule 6.
SALT CREEK SEWER BASIN DEVELOPMENT IMPACT FEE - This fee was adopted to
provide the necessary financing to construct the Salt Creek Interceptor. This fee is applicable to
the Salt Creek Sewer Basin, that portion of the Upper Otay Lake Basin north of the Salt Creek
Sewer Basin, and that portion of the Lower Otay Lake Basin east of the Salt Creek Sewer Basin.
The fee in FY02 was $284 per EDU, has remained unchanged since 1994. Detailed FY02
financial information is presented in Attachment A - Schedule 6.
POGGI CANYON SEWER BASIN DEVELOPMENT IMPACT FEE - This fee was adopted
to provide the necessary financing to construct a trunk sewer in the Poggi Canyon Sewer Basin
from a proposed regional trunk sewer west of 1-805 along Olympic Parkway to the boundary of
Eastlake. The fee was established at $400 per equivalent dwelling unit and remains unchanged
from the previous year. Detailed FY02 financial information is presented in Attachment A-
Schedule 6.
OTAY RANCH VILLAGE 1 & 5 PEDESTRIAN BRIDGE DEVELOPMENT IMPACT
FEE - This fee was adopted to provide the necessary financing to construct the facilities. The
i~ee was established at $545 per EDU, and remains unchanged from the previous year. Detailed
FY02 financial inforn~ation is presented in Attachment A - Schedule 7.
PUBLIC FACILITIES DIF - The Public Facilities DIF is a citywide fee with several
components levied to fund that portion of public facilities projects attributable to new
development. The total fee for all components is $4,888 per EDU in FY02. Detailed FY02
Page 4, Item ~
Meeting Date 1/07/2003
financial information is presented in Attachment B - Schedules 1 and 2. The components of the
Public Facilities DIF with the current fees are as follows:
ADMINISTRATION ($149) - Administration of the Public Facilities DIF program,
overseeing of expenditures and revenues collected, preparation of updates, calculation of
costs, etc.
CIVIC CENTER EXPANSION ($1,202) - Expansion of the Civic Center per the Civic
Center Master Plan prepared in 1989, to provide sufficient building space and parking for
the existing and anticipated staff and the public. The 1989 civic center master plan has
been updated in July 2001 to include the Otay Ranch impacts.
POLICE FACILITY ($1,635) - Accommodation of the building space needs per the
Civic Center Master Plan, which included construction of a new police facility, interim
office improvements, upgrading of the communications center and installation of new
communication consoles. Also included is the purchase and installation of a new
computer aided dispatch system (CAD), a new Police Records Management System, and
new Mobile Data Terminals.
CORPORATION YARD RELOCATION ($707) - Relocation of the City's existing
corporation yard from the bay front area to the former SDG&E site rather than building
from scratch.
LIBRARIES ($716) - Improvements include construction of the South Chula Vista
library and Eastern Territories library(ies), and installation of a new automated library
system. This component is based on the updated Library Master Plan.
FIRE SUPPRESSION SYSTEM ($449) - Projects include the relocation of Fire Station
#3 & #4, construction of a fire training tower and classroom, purchase of a brush rig,
installation of a radio communications tower and construction of an interim and
permanent Station #6. This fee also reflects the updated Fire Station Master Plan, which
includes needs associated with the Otay Ranch.
GEOGRAPHIC INFORMATION SYSTEM ($9) - Purchase and installation of a GIS
system for mapping of various base maps and creation of geo-data files to aid in planning
and processing of land developments. This is a joint impetus project, with both a City
and new development share.
MAINFRAME COMPUTER ($7) - Purchase and installation of a new mainframe
computer and various enhancements to meet existing and future needs, Citywide, for
additional memory and storage space and enhanced processing speed.
TELEPHONE SYSTEM UPGRADE ($6) - Upgrading and expansion of the City's
existing telephone system to accommodate growth, including installation of new conduit,
wiring additional telephone lines, and a voice processing system.
Page 5, Item ~
Meeting Date 1/07/2003
RECORDS MANAGEMENT SYSTEM ($8) - Updating and modemization of the
existing Citywide records system to prepare for anticipated increases in transactions and
volumes of records.
Although the majority of project costs are to be borne by new development, it's important to note
that various components or specific projects within a component contain both a City and new
development cost share. The City share often reflects "joint impetus" projects, which are
necessitated by both growth and non-growth factors and/or the City's obligation to correct pre-
existing space/equipment deficiencies. The PFDIF fees only relate to new development's cost
share for each component.
PARKLAND AQUISITION AND DEVELOPMENT (PAD) FEES
This in lieu fee ;vas adopted by the City to acquire neighborhood community parkland and
construct parks and recreational facilities. Detailed FY02 financial information is presented on
Attachment C.
TRUNK SEWER CAPITAL RESERVE FEES
This fee was established to pay all or any part of the cost and expense to enlarge sewer facilities
of the City so as to enhance efficiency of utilization and/or adequacy of capacity. Detailed FY02
financial information is presented on Attachment D.
FY02 FINANCIAL INFORMATION
Attachment A, Schedules 1 through 7 reports the required financial information for all DIFs other
than public facilities. Attachment B, Schedules 1 and 2 reports the required financial information
for the Public Facilities DIF and its components. Attachment C reports the required financial
information for the PAD fees. Attachment D reports the required information for the Trunk
Sewer Capital Reserve fees. The schedules contain the following items:
The beginning balances as of July 1, 2001
The fees received during the fiscal year ended June 30, 2002
Other miscellaneous revenues received during the fiscal year ended June 30, 2002
The interest earned ffoin investing the cash balances available in each fund during the
fiscal year ended June 30, 2002
Thc expenditures from each of the funds during the fiscal year ended June 30, 2002
A description of each capital project with expenditures funded entirely or in part by
DIF/PAD/Trunk Sewer in FY02 and the percentage of the project funded by this fee
through FY02. More detailed information on any project is available in the annual
Capital Improvement Project (CIP) Budget.
Page 6, Item ~
Meeting Date 1/07/2003
Information on any loans from D1F/PAD/Trunk Sewer Capital Reserve funds during
FY02
The ending balances as of June 30, 2002 for each of the D[F/PAD/Trunk Sewer
Capital Reserve Funds
The amount, description and purpose of the fee
An identification of an approximate date by which the construction of the public
improvement will commence
The ending balances as of June 30, 2002 are in the process of being audited as part of the audit of
citywide financial statements, and are therefore subject to adjustment.
FINDINGS REQUIRED FOR FUNDS IN POSSESSION OVER 5 YEARS
Government Code Section 66001(d) requires the local agency to make findings every five years
with respect to any portion of the DIF fees remaining unexpended to identify the purpose for
which it was charged. This year the City has elected to make such findings for any funds
remaining unexpended for five or more years. The following project has fees, which were
collected five or more years ago, which remain unexpended and is listed to satisfy Section
66001 (d) of the Government Code.
a. Eastlake Park Development impact Fee
The fees collected prior to FY93 plus the interest earned is still needed for park facilities. Per
Council approval and a request from the Eastlake Development Co. for their cash flow needs,
the funds are on loan to Eastlake Development Company. The loan was repaid on November
11, 2002.
No other DIF or PAD funds contain monies that have been on deposit for five or more years.
Copies of this report were sent to the Ayres Land Company, the Building Industry Association of
San Diego, the Eastlake Development Company, the McMillin Companies, the Otay Ranch
Company and Pacific Bay Homes.
FISCAL IMPACT:
With findings that identify the continued need for the unexpended and/or committed or
uncommitted fees, the City retains the fees for the future projects. Without findings that the
unexpended funds are still needed for the projects, the City would be obligated to refund the
$817,586 in park funds plus interest accrued that have been held for five or more years pursuant
to State Government Code Section 66000. The loss of the funds would jeopardize the Eastlake
Park Agreement and the future EastLake community center.
Page 7, Item ~)
Meeting Date 1/07/2003
Attachment A - Schedules I through 7:FY02 Financial Information for all DiFs except Public
Facilities DIF
Attachment B Schedules 1 & 2:FY02 Financial Information for Public Facilities
Attachment C FY02 Financial Information for PAD fees
Attachment D - FY02 Financial Information for Trunk Sewer Capital Reserve fees
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RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA MAKING F1ND1NGS THAT THE UNEXPENDED
FUNDS IN THE PARKLAND ACQUISITION AND
DEVELOPMENT (PAD) FEE FUND ARE STILL NEEDED TO
PROVIDE CONSTRUCTION OF FACILITIES FOR WHICH THE
FEES WERE COLLECTED
WHEREAS, state law requires local agencies assessing Development Impact Fees
("DIF") and capacity charges to make available specified financial data to the public each fiscal year;
WHEREAS, these reports have been available in the City Clerk's office for public
review since December 9, 2002; and
WHEREAS, it also required that the local agency review this information at a public
meeting; and
WHEREAS, local agencies are also required to make available to the public, within
180 days after the last day of each fiscal year, information about capacity charges; and
WHEREAS, Government Code Section 66001(d) requires the local agency to make
findings every five years with respect to any portion of the DiF fees remaining unexpended to
identify the purpose for which it was charged.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby make findings that the unexpended funds in the PAD Fee Fund are still needed to
provide construction of facilities for which the fees were collected for the following projects:
EastLake Park Development Impact Fee
The fees collected prior to FY93 plus the interest earned is still needed for park
facilities. Per Council approval and a request from the Eastlake Development Co. for
their cash flow needs, the I'unds were loaned to Eastlake Development Company.
This loan was repaid on November 11,2002.
No other D1F or PAD funds contain monies that have been on deposit for five or more
years.
BE IT FURTHER RESOLVED that the staff report and all exhibits are hereby
incorporated into the record of these proceedings.
Presented by: Approved as to form by:
Robert Powell
Assistant City Manager
John M. Kaheny
City Attorney
COUNCIL AGENDA STATEMENT
Item q
Meeting Date 1/7/03
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
Public Hearing - Consideration of Changes and Modifications to the
types of public facilities authorized to be financed by Community
Facilities Disnqct No. 2001-2 (McMillin-Otay Ranch - Village Six).
Director of Public Works /~
City Manager¢("~ (4/Sths Vote: Yes No X)
It is recommended that this public hearing be continued to the meeting of 1/14/03.
J:~,engineer'aG[ NDAq>II, 1 7-03 doc
COUNCIL AGENDA STATEMENT
Page 1, Item
Meeting Date: 1/07/03
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
BACKGROUND:
A. A PUBLIC HEARING TO CONSIDER ADOPTION OF URGENCY
ORDINANCE NO. 2886-C 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 URGENCY
ORDINANCE NO. 2887-C 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 Cl'r'Y OF CHULA VISTA.
C. AN URGENCY ORDINANCE NO. 2886-C 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 URGENCY ORDINANCE NO. 2887-C 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.
Director of Budget and Analysis ~/
City Manager~.,~,.~c.,,' (4/5tbs Vote: Yes X No )
On December 10, 2002, Council approved Urgency Ordinances No. 2886-B and 2887-B,
which are effective for thirty days only. Ordinance 2886-B amended Chapter 17.10 of
the Chula Vista Municipal Code, as detailed in the "Park Acquisition and Development
Fee, 2002 Update" report, contributing to an increase in the in-lieu fees for park
development and land acquisition. Ordinance 2887-B amended Chapter 3.50 of the
Municipal Code, as detailed in the "Public Facilities DIF, November 2002 Amendment',
adding a new recreation component to the Public Facilities DIF, updating the impact fee
structure and increasing the overall fee. Ordinances 2886 and 2887 were adopted by
Council on November 19, 2002 and will become effective 60 days thereafter. Adoption
of the proposed Urgency Ordinances 2886-C and 2887-C will enable the City to continue
to collect the updated fees during the 60-day waiting period.
RECOMMENDATION: That City Council adopt Urgency Ordinances 2886-C and 2887-
C amending Chapters 17.10 and 3.50, respectively, of the Chula Vista Municipal Code,
to be effective for a period of thirty (30) days from the date of adoption.
/
Page 2, Item
Meeting Date: 1/7/02
BOARDS AND COMMISSIONS: A formal presentation was provided to the Parks and
Recreation Commission. Commissioners understood the necessity for the proposed
increase.
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
o 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
o 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/er
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.
Page 3, Item /~
Meeting Date: 1/7/02
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 permit 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.
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 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.
Single Family Multi-Family
FEE Current I Proposed Current I Proposed
Land
Acquisition $2,115 $4,346 $1,440 $3,225
Site
Development $2,935 $3,523 $2,013 $2,615
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
Page 4, Item
Meeting Date: 1/7/02
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
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 5, Item
Meeting Date: 1/7/02
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 facilifies. In addition, under the terms of an
agreement originally entered into with the Eastlake Development Company in 1996, the
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.
ORDINANCE NO. 2886-C
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
WHEREAS, on November 19, 2002 the City Council adopted Ordinance
2886 which will increase the Park Acquisition and Development fee to finance
public parks 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
adoption; 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, the City Council adopted the Parks and Recreation Master
Plan on November 12, 2002;
NOW, THEREFORE, the City Council of the City of Chula Vista does
ordain as follows:
SECTION 1: Findings
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
7
J:\Attorney\Ordinance\PAD Urgency Ord C rev,doc
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:
17.10.020 Determination of park and
requirements benefiting regulated subdivisions.
recreational
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
/0
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).
17.10.040 Area to be dedicated - Required when - Amounts
for certain uses.
The amount 0f 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, including single family detached
homes and detached condominiums, 3.52 persons per dwelling
unit, 460 square feet per unit, or one acre per 95 units;
nit, or one acre per 134 units;
B. Multiple-family dwelling units, including attached condominiums,
townhouses, duplexes, triplexes and apartments, 2.61 persons per
dwelling unit, 341 square feet per unit, or one acre per 128 units;
C. Mobilehomes, 1.64 persons per dwelling unit, 214 square feet per
unit, or one acre per 203 units;
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 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 as set forth above.
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 and 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 tur[.
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 table shall be provided for every 600 people. Half
of required number ofpicnic 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 3,200
people.
b. One baseball (Organized Adult) field shall be provided for
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.
e. One softball field (Organized 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 2,8_5~0 people.
e. h. One basketball court shall be provided for every 2,150
people.
d. i. One soccer field (Organized Games) shall be provided for
every 5,400 people.
One soccer field (Practice/informal) shall be provided for
every 2,450 people.
All utilities shall be extended to the property line.
(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.
G. Consistency with the goals 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 pamel 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
-/O
responsible for the collection and distribution of fees as set forth in
this chapter.
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 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.
Section 7: Effective Date
This Ordinance shall become effective immediately upon four-fifths vote.
Presented by
Ehc¢~ Fr%hter
Director of Budget and Analysis
Approved as to form by
John M. Kaheny
City Attorney
ORDINANCE NO. 2887-C
URGENCY ORDINANCE 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 (PFDIF) TO PAY
FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF
CHULA VISTA'S GENERAL PLAN AREA BOUNDARY
WHEREAS, on November 19, 2002, the City Council adopted Ordinance
2887 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
adoption; 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 on November 12, 2002;
NOW, THEREFORE, the City Council of the City of Chula Vista does
ordain as follows:
SECTION 1: Findings
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
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: 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 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.
2
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 i~, crdcr to cns~r~ 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.
"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.
"Development permit" means any discretionary permit, entitlement or
approval for a development project issued under any zoning or subdivision
ordinance of the city.
"Development project" or "development" means any activity described as
the following:
o Any new residential dwelling unit developed on vacant land;
3
o Any new commercial/office or industrial development constructed
on vacant land;
Any expansions to established developments or new developments
on non-vacant land in those land use categories listed i,q I end 2
above, if the result is a net increase in ~ dwelling units. The
fee shall be based solely on this net ED~dwellinq unit increase.
o Any new or expanding special land use project;
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 C-D~dwelling~ unit increase.
Any other development project not listed above but described in
Section 65927 and 65928 of the State Government Code.
"Community purpose facility" means a facility which serves one of the
following purposes:
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;
"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.
"Special purpose project" means any for-profit community purpose facility
(e.g. daycare).
"Engineer report" refers to the April 20, 1993 "development impact fees for
public facilities" report.
"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_EDD dwellinq unit change" means an increase or
decrease in the number of remaining
plannedcq'..'ivclcntcqulv;lont residential dwelling units (ED~ or
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 EDDs. (Ord 2855'1,2002).
3.50.030 Public Facilities to be Financed by the Fee.
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.
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,
swimming pools~
(Ord 2855'1,2002).
3.50.050 Establishment of Fee.
A development impact fee ("fee"), to...." .......... ,-..~,....~.~.~'" cn ,~ ....... ~.... ,.,~,~,.~...,~"'~'-: '
......... ~ ..... ~ ,-.... ~ ...... ~s 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
an. .... ~. ............... 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 (ECl), or (3) "extraordinary EDU dwelling unit changes". (Ord 2855'1,
2002).
3.50.060 Determination of Fees by Land Use Category Equivalent
~,,,, ~ ................ D_e._v_elopment 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 .1725 .4125 .3825 .0325
Equipment
Corporation Yard .395 .288 .225 .092
Relocation/Expansion
Library System Expansion .524 .476 .000 .000
~_esidential 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
Expansion .357 .408 .201 .034
Administration .357 .408 .201 .034
6
The E-DU rate for each special land use development project, as defined in
Section 3.50.020, shall be equivalent '-~- .... -'
to ..... u,-,~ at the commercial/office rate of
~ per gross acre of land;, cxccpt th,~t t,h¢ The Olympic Training Center
shall be equivalent to "~' .... '~ ct
..... u,,,, the industrial rate ef-t-2-5-EDU~ 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-ha f ,. ,~,u,.,~ ~t the commercial/office rate of
3C-DUe 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 ~ dwellinq 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 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. LOrd 2855'1,
2002).
3.50.090 Amount of Fee.
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 b~/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.
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 ....... ~" +'-'* ~'~
The fee shall be the following, depending on land use:
7
Land Use
Residential - Sinclle family
dwellings
Residential - Multi-family
dwellings
Commercial/Office
Industrial
Special Land Use
Olympic Training Center
Public Purpose
Nonprofit community purpose
facility
Special purpose project,.,~"'"~,......~,. ,g
,,.,, ~,,~,,..~.,:, care
Fee
$4788~ $5,048/DU
$4,726/DU
.. .... 60 $20,764/acre
~..-,.,.~,...¢°n o~n $3,848/acre
¢.~n o~n $20,764/acre
¢~ ~ 4^ $3 848/acre
Exempt
Exempt
$447664 $101382/acre
3.50.100 Development Projects Exempt from the Fee.
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").
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-
prefit 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-prefit
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,
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 EDMe.
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.
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,
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,
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 dwellin.q units or commercial/industrial
acreage equivalents EDUs at the time building permits are pulled, based on the
then current Fee.
3.50.t 50 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
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.
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.
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:
Developer shall prepare all plans and specifications and submit
same for approval by the city.
Developer shall secure and dedicate any right-of-way required for
the facilities.
Developer shall secure all required permits and environmental
clearances necessary for construction of the facilities.
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;
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.
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.
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.
The developer shall provide a detailed cost estimate which itemizes
those costs of the construction attributable to the facilities and
10
10.
11.
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.
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.
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.~0, can only be
transferred to another Iow-and/or moderate-income Development Project.
11
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.
3.50.170
A.
Fund Loans.
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 citycouncil 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.
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.
12
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
Dire~or of Budget and Analysis
Approved as to form by
John M. Kaheny
City Attorney
Page 1, Item
Meeting Date 1/07/03
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Resolution Adopting a boundary map showing the
boundaries of the territory proposed to be included in proposed
Community Facilities District No. 07-I (Brookfield Shea Otay Village
Eleven)
Resolution Declaring its intention to establish
Community Facilities District No. 07-I (Brookfield Shea Otay Village
Eleven) and to authorize the levy a special tax therein to finance the
acquisition or construction of certain public facilities
Resolution Ordering and directing the preparation of
a report fbr proposed Community Facilities District No. 07-I (Brookfield
Shea Otay Village Eleven)
Resolntion Declaring its intention to issue bonds of
Community Facilities District No. 07-I (Brookfield Shea Otay Village
Eleven) to be secured by special taxes to pay for the acquisition or
cnnstruction of certain fhcilities
SUBMITTED BY: Director of Public Works
REVIEWED BY: City Manager ~,.. ~ (4/Sths Vote: Yes No X)
The Brookfield Shea Otay, LLC has requested the City to initiate proceedings to form Community
Facilities District No. 07-I (Brookfield Shea Otay Village Eleven)(CFD-07-I) for the purpose of financing
the acquisition or construction of public facilities serving their properties within Brookfield Shea
ownership. Tonight's action will approve a boundary map of CFD-07-[; declare the intent of the City
Council to fbrm CFD-07-I and to designate the hnprovements therein, describe the Improvements
authorized to be financed by CFD-07-I, declare the intention of the City Council to authorize the levy of'
special taxes pursuant to the rate and method of apportionment of such special taxes to finance such
Improvements, decIare the intention of the City Council to authorize CFD-07-I to incur a bonded
indebtedness, direct the special tax consultant to prepare the Special Tax Report and set the public
hearing for this Community Facilities District for February 18, 2003.
RECOMMENDATION: That Council: 1) Approve the Resolution adopting the boundary map fbr CFD-07-I,
2) Approve the Resolution declaring the intention to establish CFD-07-I and to levy
the special taxes of CFD-07-I to finance certain facilities,
3) Approve the Resolution ordering and directing the preparation of the "Special
Tax Report" for CFD-07-I, and
//-I
Page 2, Item ~ t
Meeting Date 1/07/03
4)
Approve the Resolution declaring intention of issuing bonds of CFD-07-I for the
pm'pose of financing the acquisition or construction of facilities in CFD-07-I.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Brookfield Shea Otay, LLC has fornrally petitioned the City to form Community Facilities District
No. 06-1 (Brookfield Shea Otay Village Eleven) pursuant to the Mello-Roos Act of 1982 for financing the
construction and/or acquisition of certain public improvements serving the Brookfield Shea Otay project,
as well as selected "Traffic Enhancement" facilities within the greater eastern territories of Chula Vista.
This application was received and accepted by the City Council action on August 27, 2002.
Community Facilities Districts provide the necessary funding for the acquisition or construction of public
improvements by levying an annual "special tax", which is collected from the property owners in
conjunction with the property taxes, and by issuing bonds of such community facilities district secured by
such special taxes. There is no direct cost to the City. Ali expenses related to the administration of a
community facilities district (including levying and collecting the special taxes) are to be funded by such
district f?om the proceeds of special taxes. The ultimate security for the bonds are the properties located
xvithin the community facilities district, not the City's General Fund or its ability to tax property within its
jurisdiction. CFD-07-I will be formed in conformance with the "City of Chula Vista statement of goals
and policies regarding the establishment of Community Facilities Districts" (CFD Policy).
District Boundaries
Exhibit 1 presents the boundaries of the proposed CFD-07-I that includes parcels located within
Brookfield Shea Otay 489 gross acres (an additional 169.64 gross acres which is part of the current
Assessor's Parcels is expected to be excluded upon recordation of an 'A' Map in January of 2003). These
parcels are owned by either of the two major builders Brookfield or Shea. Currently Brookfield and Shea
each own approximately 50% of CFD-07-1. The Brookfield Shea Otay project area is bounded on the
south and east by Hunte Parkway a curving arterial from south to northeast, the north edge is formed by
Olympic Parkway and to the west is the extension of the EastLake Parkway.
At buildout, there will be some 1,392 single-thmily detached residential units, approximately 566 single-
family attached units, 315 multifamily units, and a 10 acre Mixed Use site for Residential and
Commercial Use fbur Parks, two CPF sites and twn school sites.
Th~ ~!nJ~rovements
The special tax consultant has prcpared a prelimina~7~ "2% maximum tax" analysis based on estimated
house sizes and prices (see Exhibit 2). It is the request ofBrookfield Shea Otay, LLC that CFD-07-I be
authorized to sell two separate series of bonds to be secured by the special taxes levied upon CFD-07-I.
The size of the proposed bond authorization will depend upon the facilities requirements, appraisal, and
special taxing capacity of the Rate and Method o f Apportionment (RMA).
The 2% tax analysis sets the amount of thc maximum special tax that may be levied by CFD-07-1. The
proposed taxes are discussed below in the section "Proposed Special Taxes".
Page 3, Item !t
Meeting Date 1/07/03
Calculations show that the maximum special tax revenue (using the proposed special taxes) from all the
properties within the CFD-07-I would support a total bonded indebtedness of approximately $ 36.1
xnillion (assuming a 6.5% interest rate and a 30-year term on the bonds). The series of bond sales would
amount to $36.1 million to finance an estimated $28.7 million in facilities (i.e. grading, landscaping,
streets, utilities, drainage, sewer, etc).
The balance of the proceeds of the bonds proposed to be issued would provide for a reserve fund,
capitalized interest and payment of district formation and bond issuance costs. As noted previously,
CFD-07-I will be selling bonds in two distinct series in the future and the amount of bond proceeds,
interest rates, and other pertinent requirements may change or be revised for each bond sale. These
modifications will be discussed in greater detail and brought to City Council, as the first bond sale is
initiated.
The developer is proposing the financing by CFD-07-I of backbone streets and associated improvements
(i.e., grading, sewer, streets, landscaping, and utilities), TDIF Facilities, the "Traffic Enhancement
Program" and water quality treatment equipment. Exhibit 3 shows a preliminary list of facilities by
improvement Area, as well as the "Traffic Enhancement" facilities with a total cost estimate of $29.3
million. Tonight, Council would only be approving the general nature of the improvements to be
financed by CFD-07-I. A final priority list and cost estimates for each of the eligible improvements for
CFD-07-I will be brought later to Council in conjunction with the City Council's consideration of the
approval of an Acquisition/Financing Agreement between the City and Brookfield Shea Otay and other
bond documents.
Ultimately, as subdivision exactions, the developer will finance required improvements that CFD-07-I
cannot finance. In addition, CFD-07-1 lies within the City ofChula Vista's Transportation Development
Impact Fee (TDIF) benefit area that places a cap on the ability of CFD-07-I to finance certain
improvements. It should be noted that the debt placed by the proposed tax rates is identical to the TDIF
obligation tbr the residential Land uses only within the district. The proposed tax rates relationship
between commercial and residential uses is not identical to the TDIF tbrmula, ~vhich makes commercial
uses payment of their TDIF obligation, through CFD tax-based debt burden, smaller than the otherwise
TDIF cash payment and residential tax rates higher than otherwise cash payments. However, residential
rates including all other taxes would still be below the Council Policy of 2% of market value of the
house. '['his in tuna would enhance the financial viability of developing the commercial land.
Notwithstanding how the debt is apportioned by the RMA, the generated TDIF credits will be allocated,
within the CFD and between commercial and residential uses, proportionate to the TDIF obligation fbr
these uses and assigned to each use.
The actual amount to be financed by each of the Bond Sales within CFD-07-I would depend upon a
number of Ihctors including final interest rate on the bonds and value to lien ratio of the taxable
properties within CFD-07-I for which the bonds are issued and may be higher or less than the potential
bond costs mentioned above. Thus, staff recommends that tonight, Council declare its intention to
authorize CFD - 07-1 to incur a proposed bonded indebtedness of not to exceed $ 45 million.
Collectively this bond authorization is specified in the "Resolution of Intention to Issue Bonds" that is
bctbre Council tonight. The developer concurs with staff's recommendation.
Page 4, Item I{
Meeting Date 1/07/03
Proposed Special Taxes
Tonight, Council would be declaring its intention to authorize the levy of special taxes pursuant to
the "Rate and Method of Apportionment" ("RMA")(Exhibit 4), that establish the procedure for
levying the special taxes within Tax Zone A and Tax Zone B of CFD-07-1 which is outlined in Exhibit
A and B of'the RMA.
Residential Developed Properties (single and multi family residences) are taxed based on a Dwelling
Unit Per Acre basis. This is the same determination as the City of Chula Vista's TDIF Program and
described in the RMA. The basis of the Dwelling Unit per Acre is to relate land uses based on their
density and vehicular trip generation. This Dwelling Unit per Acre rate has been determined by a
preliminary "2% maximum tax" analysis. Said analysis, which is based on estimated house sizes and
prices, sets the amount of the maximum special tax that may be levied by CFD-07-I on residential
parcels. It should be noted that a final test would be required at escrow closing using actual house sale
prices. If the 2% limit is exceeded, thc developer is required to buy down the lien to an amount
sufficient to meet the 2% criteria.
The proposed Developed Property Special Tax rates are as follows:
Assigned Special Tax for Developed Property
Within Zone A and Zone B:
Land
Use Density Assigned Special Tax
Class Description (DU/Acre)
I Residential 0 to 8 $1,560 per Dwelling Unit
Property
2 Residential >8 to 20 $1,248 per Dwelling Unit
Property
3 Residential >20 $936 per Dwelling Unit
Property
4 Non N/A $6,000 per/Acre
Residential
Property
The proposed Approved Property is taxed based on the Special Back Up Tax outlined in Section C. 1.b.
of the RMA. Approved Property means all Parcels of Taxable Property: (i) that are included in an 'A'
Map, excluding lettered lots thereon, or a Final Subdivision Map, excluding lettered lots thereon, that
were recorded prior to the March I st preceding the Fiscal Year in which the Special Tax is being levied,
and (ii) that have not been issued a building permit prior to the March 1~ preceding the Fiscal Year in
which the Special Tax is being levied.
The proposed Undeveloped Property is taxed based on the acreage of the parcel. The RMA proposes that
the special tax rates tbr Undeveloped Property would be $12,290 per acre for Tax Zone A and $21,299
lbr Tax Zone B.
Page 5, Item Il
Meeting Date 1/07/03
The Undeveloped Property category includes all the parcels for which a building permit has not been
issued. The tax on Undeveloped Property is based on the total acreage of the parcel (Refer to table
above). During buildout, the collection from Developed Properties alone will not be enough to cover the
annual debt service, as in the early years of development, and the Undeveloped Property special taxes
will cover the difference. The City Administrator will determine whether an Undeveloped Property tax
is needed to meet the annual debt service requirement and cost of administration of CFD-07-I. Even if
no development occurs and the whole property remains undeveloped, the proposed RMA will
nevertheless authorize the levy of sufficient special taxes to cover the debt service on the bonds and pay
for costs of administration of CFD-07-I. The Assigned Special Tax Rate for Non-Residential Property
has been set at $6,000/acre for Tax Zone A and Tax Zone B.
The RMA provides that no special tax shall be levied on (i) Public Property, (ii) Property Owner
Association Property, (iii) all Assessor's Parcels defined as Community Purpose Facility Property,(iv)
Open Space and (v) Assessor's Parcels with public or utility easements making impractical their
utilization fbr other than the purposes set forth in the easement; provided, however, that no such exempt
classification shall reduce the sum of ail Taxable Property to less than 124.65 acres for Tax Zone A and
81.54 acres tbr 'Fax Zone B.
Assessor's Parcels which cannot be classified as Exempt Property because such classification would
reduce the Acreage of all Taxable Property to less than 124.65 Acres tbr Zone A and 81.54 Acres tbr
Zone B will be classified as Provisional Undeveloped Property and shall be taxed pursuant to the fifth
step of Section D in the RMA.
In addition, the special tax rates reflected in the RMA would enable CFD-07-i to finance a variety of
public lhcilities as described within the City's DIF program. The estimated costs for these eligible DIF
facilities have been assembled, aggregated, and allocated to various types of land uses within the district
through the RMA according to Exhibit 3 (i.e. residential, commercial, etc.). The method of allocation by
land use category (which is a common way of allocating special tax) takes into account many variables,
such as the City's 2% maximum tax level, a minimum 4:1 value to lien ratio for bonds, market
conditions, appraised value, and other agency special taxes or assessments that maybe levied upon
property within this CFD-07-I. Given these variables, each land use then, has been assigned a special
tax rate on an EDU basis fbr residential and an acreage basis for commercial. Not withstanding the
RMA, the generated Transportation Development Impact Fee TDIF credits will be allocated, within the
development and between commercial and residential use, proportionate to the TDIF obligation for these
uses and assigned to each use.
[;or CFD-07-I, the projected aggregate rate of tax and assessments (including ad valorem taxation and
special taxes and assessments for facilities) has an annual percentage ofless than 1.95% for the projected
sales price of the residential properties. Brookfield Shea projects have a range of housing prices from
$260,000(attached) to $425,000(detached). The overall value to lien ratio will be determined upon the
completion o£the appraisal, which is slated to be completed by February 2003.
Collection of Taxes
Commencing xvith Fiscal Year 2003-04 and for each following Fiscal Year, the Council shall determine
the Special Tax Requirement i.e., that amount of special tax revenue required to pay scheduled debt
tl-G
Page 6, Item ~I
Meeting Date 1/07/03
service fbr bonds issued, to replenish the reserve fund established for such bonds, to pay administrative
expenses and to pay directly for authorized facilities, and shall levy the Special Tax until the amount of
Special 'Fax equals the Special Tax Requirement. The Special Tax shall be levied for each Fiscal Year
as follows:
First= the maximum special taxes will first be levied on the Developed Property. Second, if this pool of
money is not enough to meet the annual debt service the City Administrator will levy a tax on Approved
Property, Third, if this pool of funds is not enough to meet the annual debt service, as may be the case in
the early years of development, the City Administrator will levy a tax on the Undeveloped Property.
Fourth= if additional monies are needed after the first three steps have been completed, the special tax
shall be levied proportionately on each parcel fi'om the Assigned Special Tax to the Maximum Annual
Special Tax by the application of the Backup Special Tax. If after these four steps are exhausted and
there is still a need lbr additional monies, then the special tax shall be levied proportionately on each
parcel of Provisional Undeveloped Property from the Assigned Special Tax to the Maximum Annual
Special Tax. After buildout, if determined-by the City Administrator that the annual tax need is less than
the collectible tax fi'om the Developed Parcels, the special taxes to be levied in that specific year will be
reduced proportionally.
Since the Special Tax rates are based on the dwelling unit density of the home or acreage for non-
residential property the bondholders require protection in the event that the developer builds less than
projected. A 10% contingency has been used in calculating the expected developed Final Subdivision
Map acreage which is incorporated into the Backup Special Tax Formula and the Undeveloped Tax Rate
Ibrmula.
The RMA also include provisions for the full or partial prepayment of the special taxes in the event
thc developer or a future property owner decides to do so.
Value to Lien Ratio Policy
Council policy requires a minimum 4:1 value-to-lien ratio. A ratio of less than 4: I, but equal to or
greater than 3: 1, may be approved, in the sole discretion of Council, when it is determined that a ratio of
less than 4:1 is financially prudent under the circumstances ora particular CFD. A final appraisal and
lien ratio analysis will be available for Council consideration prior to the sale of bonds. The bond
sale is planned for early to mid 2003. If the final analysis shows parcels which fail to meet the 4:1 or
3:1 ratio, one or more of the following actions would be required:
The Developer could provide cash or letters of credit to maintain the lien ratio within
the City criteria; or,
The principal mnount of the bonds to be issued for CFD-07-I will be reduced to
comply with City policy; or,
The Developer may provide sufficient information to convince Council that a lesser
lien ratio is still prudent.
Page 7, Item Ir
Meeting Date 1/07/03
Maximum Tax Policy
Council Policy establishes that the maximum annual CFD special taxes applicable to any newly
developed residential property shall be no more than 1% of the sale price of the house. In addition, the
aggregate of all annual taxes and assessments is limited to 2% of the sale price of the house.
A preliminary calculation of the maximum tax, using estimated house prices, has been completed and all
homes ~[hll within the 2% limit (see Exhibit 2). A final test will be performed at escrow closing using the
actual sale price of the house. Council Policy requires that at or prior to each closing of escrow, the
escrow company shall apply a "calculation formula" previously approved by the City Engineer to
determine the aggregate of regular County taxes, special taxes and assessment installments. Ifthe 2%
limit were exceeded, the developer would be required to provide cash to buy down the lien to an amount
sufficient to meet the 2% tax ceiling. Compliance with this procedure would ensure that the aggregate
special tax to be paid by the initial purchaser of the house meets the City's criteria, since the 2% limit is
a City policy and the limit itself is not included in the rate and method of the district.
Resolutions
There are tbur resolutions on today's agenda that, if adopted, will accomplish the following:
The RESOLUTION ADOPTING THE BOUNDARY MAP is the formal action adopting the map and
setting forth the boundaries of the proposed CFD-07-I.
The RESOLUTION OF iNTENTION is the jurisdictional resolution declaring the intention on the City
Council to establish CFD-07-I, authorize the levy of special taxes, set the time, and place for the public
hearing lbr February 18, 2003.
The RESOLUTION ORDER1NG TH E "REPORT" is the fom~al action of the City Council directing the
preparation of a detailed report containing a description of the facilities and its estimated cost.
The RESOLUTION DECLARING INTENTION TO ISSUE BONDS is the formal declaration of the
City Council determining that the public convenience and necessity requires that a bond indebtedness of
CFD-07-1 be incurred to finance certain public lhcilities proposed by CFD-07-I. The proposed maximum
bonded indebtedness is $45 million. The actual amount tbr each bond sale will depend upon a number
of t~actors including interest rate on the bonds and compliance with the value-to-lien ratio criteria.
Future Actions
Adoptions of tonight's resolutions will set the district's public hearing for February 18, 2003. There will
be an election following the public hearing for the landowners to vote on the authorization to levy
special taxes, the authorization to incur a bonded indebtedness of CFD-07-1 and to establish an
appropriations limit. Once the votes are cast, Council will be requested to certify the election and, if the
ballot measures are approved by 2/3 of the qualified electors voting on the measures, CFD-07-I will be
authorized to levy such special taxes and incur such bonded indebtedness.
Page 8, Item
Meeting Date 1/07/03
Fi§gal Impacts
None, the developer will pay all 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
thc full cost recovery for staff time involved in district formation and administration activities. Staff
anticipates that most of the CFD-07-I administration ~vill be contracted out. The CFD administration
cost is estimated at $75,000 annually.
In accordance with the CFD Policy, as consideration lbr the City's agreement to use the City's bonding
capacity to provide the financing mechanism for the construction of the proposed improvements, the
developer will pay one percent (1%) of the total bond sales. Said requirement will be memorialized in
the Acquisition/Financing Agreement that will bc brought to Council for approval at a later date. Based
on the proposed bond sizing of $ 39 million ($20 million for the first series and $19 million for the
second series), said monetary compensation would be approximately$200,000 for the first bond sale and
$190,000 for the second bond sale. Said amount shall be paid prior to each bond sale based on the
principal amount of each such sale and will be deposited into the General Fund. The CFD Policy also
stipulates that said compensation is not eligible for financing by CFD-07-I.
Attachments:
Exhibit 1:
Exhibit 2:
Exhibit 3:
Exhibit 4:
Proposed Boundary Map CFD-07-I
2% Maximum tax analysis
List of facilities
Rate and Method of Apportionment
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EXHIBIT 2
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 07-1
(Brookfield Shea Otay Village Eleven)
2% Maximum Tax Analysis
Planning Land Use # Units or Ave. House Projected Total Annual Tax
Area Acres Square Feet Home Price Annual Tax Rate %
I SFD 163 2,000 $330,000 $6,270 1.90
2 SFD 47 3,200 $425,000 $7,982 1.88
3 SFD 46 3,200 $425,000 $7,982 1.88
4 SFD 55 2,750 $410,000 $7,559 1.84
5 SFD 34 2,750 $410,000 $7,559 1.84
__ 6 SFD 38 2,750 $410,000 $7,559 1.84
7 SFD 67 2,200 $340,000 $6,493 1.91
8 SFD 58 2,500 $360,000 $6,881 1.91
9 SFD 60 2,500 $360,000 $6,881 1.91
10 SFD 89 2,200 $340,000 $6,493 1.91
1 I SFD 34 2,300 $350,000 $6,658 1.90
12 SFD 57 2,300 $350,000 $6,658 1.90
13 SFD 54 2,500 $360,000 $6,881 1.91
14 SFD 54 2,500 $360,000 $6,881 1.91
15 SFD 67 1,900 $320,000 $6,105 1.91
16 SFD 59 1,900 $320,000 $6,105 1.91
17 SFD 118 1,600 $285,000 $5,427 1.90
l 8 SFA 125 1,400 $275,000 $5,022 1.83
19 SFA 167 1,250 $260,000 $4,775 1.84
20 SFD 78 1,600 $285,000 $5,557 1.95
21 SFD 95 1,600 $285,000 $5,557 1.95
22 SFA 105 1,250 $260,000 $4,775 1.84
23 SFD 119 1,600 $285,000 $5,425 1.84
24 SFA 169 1,250 $260,000 $4,775 1.84
25 Apt 200 750 N/A $936 N/A
MU- 1 SFD 115 750 $200,000 $3,844 1.92
MU-I Comm 10 ACRES N/A N/A N/A N/A
J ~,Engineer\AGENDAxCAS I(XHIBI'I 2 2% analysis, 1-7-0~3 doc
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EXHIBIT 3
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 07-1
(BROOKFIELD SHEA OTAY VIELAGE ELEVEN)
LIST OF PROPOSED FACILITIES
The developer is proposing the financing of backbone streets and associated improvements
(i.e., grading, sewer, streets, landscaping, utilities), a Park and certain "Traffic
Enhancement" facilities. Following is a general description of the proposed facilities:
· Hunte Parkway
· EastLake Parkway
· Kestral Falls Road
· Hidden Path Drive
· Windingwalk Street
· Discovery Falls Drive
· Birch Road
· Exploration Falls Drive
· Crossroads Street
· Evening Star Street
· Parks
In addition to the above improvements, this CFD's bonding capacity maybe used for certain
"Traffic Enhancement "facilities within the greater eastern territories of Chula Vista. These
transportation facilities will be traffic capacity adding improvements and could include the
Ibllowing projects:
· Telegraph Canyon Road East of 1-805
· 1-805/Telegraph Canyon Road an additional on-ramp lane to 1-805
· Heritage Road(Olympic Parkway to Main Street)
In addition to the above facilities, this CFD's bonding capacity maybe used to pay for other
facilities to be financed by any of the Development Impact Programs.
J:\Engineer\AGENDA\Attachnients\CAS EXHIBII' 3 List of Facililies, I 7 03.doc
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EXHIBIT_
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 07-I
(Brookfield Shea Otay Village Eleven)
A Special Tax as hereinaf'ter defined shall be levied on each Assessor's Parcel of Taxable
Property within the City of Chula Vista Connnunity Facilities District No. 07-I(Brookfield Sbea
Otay Village Eleven), and collected each Fiscal Year commencing in Fiscal Year 200%2004 in
an amount determined by the City Council through the application of the appropriate Special Tax
for "Developed Property," "Approved Property", "Undeveloped Property" and "Provisional
Undeveloped Property" as described below. All of the Taxable Property within CFD-07-I,
unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent
and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meaning:
"'A' Map" shall mean a master fina]l subdivision or parcel map, filed in accordance ;vith
the Subdivision Map Act and the Chula Vista Municipal Code, which subdivides the land
or a portion thereof shoxvn on a tentative map into "super block" lots corresponding to
units or phasing of combination of units as shown on such tentative map and which may
further show open space lot dedications, backbone street dedications and utility easements
required to serve such "super block" lots.
"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
showu on the applicable Final Subdivision Map, parcel map, condonfinium 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 detemaincd 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.
"Ad~ninistrative Fees and Expenses" means the actual or reasonably estimated costs
directly related to the administration of CFD-07-I including, but not limited to, the
follo;ving: the costs of computing the Special Taxes and preparing the annual Special Tax
collection schedules (wlnether 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 thc Special Taxes to the Trustee; the costs of the Trustee (including its legal
counsel) in tile discharge of the duties required of it under thc Indenture; the costs to the
City, C[~D-07-I, or any designee thereof of complying with arbitrage rebate requirements;
the costs to tlne City, CFD-07d, 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-07d, or any
designee thereof related to any appeal of the levy or application of the Special Tax; and the
City of C/mkt Vi,~ta /2-02- 2002
Br~;o,4fieh/ 5'lu,. ()tq~ I illag~ E/c've, It'll--,-' Pa(de I
costs associated with the release of funds from an escrow account, if any. Administrative
Expenses shall aIso include amounts estimated or advanced by the City or CFD-07-1, for
any other administrative purposes, including, but not limited to attorney's fees and other
costs related to commencing and pursuing to completion auy foreclosure of delinquent
Special Taxes.
"Approved Property" means all Assessor's Parcels of Taxable Property: (i) that are
included in an 'A' Map, excluding lettered lots thereon, or a Final Subdivision Map,
excluding lettered lots thereon, that were recorded prior to the March 1st preceding the
Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a
building permit prior' to the March 1st preceding the Fiscal Year in which the Special Tax is
being levied.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned Assessor's Parcel number.
"Assessor's Parcel Map" means an official inap 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 Class of Developed
Property as determined in accordance with Section C.l.a.
"Available Funds" means (a)the balance in the reserve fund established pursuant to the
terms of thc Indenture in excess of the reserve requirement as defined in such Indenture,
(b)delinquent Special Tax payments not required to fired the Special Tax Requirement
any preceding Fiscal Year, (c) that portion of Special Tax prepayments allocated to the
payment of interest on Bonds, and (d) 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 ira one or more
series, issued or incurred by CFD-07-I under the Act.
"Bond Year" means a one-year period beginning on September 2nd in each year and
ending on September 1st in lhe 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 ol* the
Special Taxes.
~'CFD-07-1" means City of Chula Vista Community Facilities District No. 07-I.
"City" means the City ol'Chula Vista.
6't'ty of Chuh~ Fi,wa 12-02- 2002
Broo~field Shea ()t(tr l't'llage h'h:ve~ Page 2
"Community Purpose Facility Property" means all Assessor's Parcels which are (a)
classi fled as community purpose facilities and meet the requirements of City of Chuta Vista
Ordinance No. 2002-2883 as amended on November 5, 2002 or (b) designated on an "A"
Map or a Final Subdivision Map as a community purpose facility.
"Council" means the City Council of the City, acting as the legislative body of CFD-07-1.
"County" means the County of San Diego.
"Density" means for each Assessor's Parcel of Residential Property the number of
Dwelling Units per gross acre determined pursuant to those provisions of Ordinance No.
2866, in effect as of December 17, 2002, that provide for the calculation of density for
purposes of calculating Transportation Development Impact Fees.
"Developed Property" means all Assessor's Parcels of Taxable Property for which a
building permit has been issued prior to March lst preceding the Fiscal Year in wlaich the
Special Tax is being levied.
"Dwelliug Unit" means each separate residential dwelling unit that comprises an
independent facility capable of cm,~veyance or rental separate from adjacent residemial
dwclliog utnts.
"Exempt Property" means all Assessor's Parcels that are exempt from the Special Tax
pursuant to Section E~ 1.
"Final Subdivision Map" means a subdivision of property, created by recordation at' 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 1hr which residential building permits may be issued without further
subdivision of such property.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Indenture" means the indenture, fiscal agent agreement, trust agreement, resolution or
other insn-ument pursuant to which Bonds are issued, as modified, amended and/or
supplemented from time to time, and any instrument replacing or supplementing the same.
"Laod Use Class" means any of the classes listed in Table 1 of Section C.
"Maximum Annual Special Tax" means the maximmn armual 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.
"Mixed Use Property" means all Assessor's Parcels that have been classified by the City
to allow both Residential Property and Non-Residential Property uses on each such
Assessor's Parcel. For an Assessor's Parcel of Mixed Use Property, each Land Use Class
(¥ty of ChuG Vista 12-02- 2002
CommuniO, Facilit. es Di,.'trict No 07-l. //_].
Brookfieht Shea Olill Village E/even lt l -[ Page 3
thereon is subject to taxation pursuant to the provisions of Section C regardless of the
geographic orientation o~' such Land Use Classes on such Assessor's Parcel.
"Non-Residential Property" means all Assessor's Parcels of Developed Property, for
which a building pern~it(s) has been issued for a non-residential use, excluding
Community Purpose Facility Property.
"Open Space" means pl-opcrty within the boundaries of CFD 07-I in which prior to .lmm
1~ of the preceding Fiscal Year (a) has been designated with specific boundaries aod
acreage on an 'A' Map or Final Subdivision Map as open space (b) is classified by the
County Assessor as open space (c) has been irrevocably offered for dedication as open
space to the federal government, the State of California, the County, the City, any other
public agency or (d) is encumbered by an easement or other restriction required by the
City limiting the use of such property to open space..
"Outstandiug Bonds" means all Bonds, which remain outstanding as defined in the
Indenture.
"Property Owner Association Property" means any property within the boundaries of
CFD-07-i which is (a) owned by a property owner association or (b) is designated with
specific boundahes and acreage on an 'A' Map or Final Subdivision Map as property
owner association property. As used in this definition, a property owner association
includes any master or sub-association.
"Proportionately" means lbr Developed Propet'ty that the ratio of the actual Special Tax
levy to the Assigned Special Tax or the Backup Special Tax is equal for all Assessors'
Parcels of the Developed Property. For Approved Property, Undeveloped Property and
Provisional Undeveloped Property "Proportionately" means that the ratio of the actoal
Special Tax levy per Acre to the Maximum Annual Special Tax per Acre is equal t'or all
Assessor's Purcels of'like classification.
"Provisional Undeveloped Property" means all Assessor's Parcels of Public Property,
Property Owner Association Property, Community Purpose Facility Property, Opeo Space
or other property that would otherwise be classified as Exempt Property pursuant to thc
provisions ol' Section E, but cannot be classified as Exempt Property because to do so
would reduce the Acreage of all Taxable Property below the required minimum acreage as
set forth in Section E.1 For Zone A or Zone B as applicable.
"Public Property" means aoy property within the boundaries of CFD-07-1 that xvhich (a)
is owned by a public agency, (b) has been irrevocably offered for dedication to a poblic
agency or (c) is designated with specific boundaries and acreage on an 'A' Map or Final
Subdivision Mat) as properly xvhich will be owned by a public agency. For purposes of'
this definition, a public agency includes the federal government, the State of Calif'ornia,
the Counly, the City or any other public agency.
"Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit has bccn issued for purposes of constrttcting one or more residential
dwelling units.
"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 to: (i) pay annual debt service on all Outstanding Bonds 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 payment; (iii) pay
Administrative Fees and 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 ~br acquisition and/or construction cf public improvements which are authorized
to bc financed by CFD-07-1 provided that the inclusion of such amount does not cause an
increase in the levy of Special 'Fax on the Undeveloped Property; less (vi) a credit lbr
Available Funds.
"State" meaus the State of California.
"Taxable Property' means all of the Assessor's Parcels within the boundaries of CFD
07-I that are not exempt from the Special Tax pursuant to law or Section E below.
"Trustee" means the trustee, fiscal agent, or paying agent nnder the Indenture.
"Undeveloped Property" means, for each Fiscal year, all Taxable Property not classified
as Developed Property, Approved Property or Provisional Undeveloped Property.
"Zone A" means a specific geographic area as depicted in Exhibits A and B
attached hereto.
"Zone B" means a specific geographic area as depicted in Exhibits A and B
attached hereto.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Assessors' Parcels of Taxable Property within CFD-07-I shall be (a)
categorized as being located in either Zone A or Zone B, (b) classified as Developed
Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property
and (c) subject to the levy of annual Special Taxes determined pursuant to Sections C and
D below. Developed Property shall be assigned and shall be further classified as either
Residential Property, Non-Residential Property or Mixed Use Property. The Land Use
Class of each Assessor's Parcel of Residential Property or Mixed Use Property shall be
determined based on its Density. Once the Land Use Class of an Assessors Parcel of
Residential Property or Mixed Use Property is determined it cannot be changed.
Ch)' of Chuht Vista 12 02- 2002
CommuniO, Facilitt'e.~ District No. 07-1, J t
Broo~field S/lu(10[(l3' Fi//age E/even / t ~/~ Pa,ge 5
C. MAXIMUM ANNUAL SPECIAL TAX RATE
1. Developed ProperD'
The Maximum Annual Special Tax for each Assessor's Parcel of Residential
Property, Non-Residential Property or Mixed Use Property shall be the greater of(l)
thc Assigned Special Tax described in Table 1 below or (2) the Backup Special Tax
computed pm'suant to Section b. below.
a. Assigned Special Tax
Thc Assigned Special Tax tbr each Land Use Class of Developed Property is
shown in Table 1.
TABLE 1
Assigned Special Tax for Developed Property
Within Zone A and Zone B:
Laod
Use Description Density Assigned Special Tax
Class (DU/Acre)
1 Residential 0 to 8 $1,560 per Dwelling Unil
Property
2 Residential >8 to 20 $1,248 per Dwelling Unit
Property
3 Residential >20 $936 per Dwelling Unit
Property
4 Non N/A $6,000 per/Acre
Residential
___ Property
The Assigned Special Tax for each Assessor's Parcel of Mixed Use Property
shall equal the total of(i) the Assigned Special Tax that would be applicable to
sttcb Asscssor's Parcel if it ,,vas classified only as Residential Property and (ii)
the Assigned Special Tax that would be applicable to such Assessor's Parcel if'
it was classified as Non-Residential Property.
b. Backup Special Tax
When a Final Subdivision Map is recorded within Zone A or Zone B, the Backup
Special Tax lbr Residential Property and Non-Residential Property, shall be
determined as [bllows:
For each Assessor's Parcel of Residential Property or Undeveloped Property and
Approved Property to be classified as Residential Property upon its development
withiu the Final Subdivision Map area, the Backup Special Tax shall be the rate per
Dwelling Unit calculated according to the following formula:
Zone A
$12,290 x A
U
Zone B
$21,299 x A
U
The terms above have the following meanings:
Backup Special Tax per Dwelling Unit in each Fiscal Year.
Acreage classified or to be classified as Residential Property m
such Final Subdivision Map.
Number of Dwelling Units in the Final Subdivision Map which are
classified or expected to be classified as Residential Property.
For each Assessor's Parcel of Developed Property classified as Non-Residential Property
or for each Assessor's Parcel of Approved or Undeveloped Property to be classified as
Non-Residential Property within the Final Subdivision Map area, the Backup Special Tax
shall be determined by multiplying $12,290 for Zone A and $21,299 for Zone B by the
total Acreage of any such Assessor's Parcel.
For each Assessor's Parcel of Mixed Use Property, the Backup Special Tax shall be
detemfined by multiplying $12,290 for Zone A and $21,299 for Zone B by the total
Acreage of any such Assessor's Parcel.
Notwithstanding the foregoiog, if Assessor's Parcels of' Residential Property, Non-
Residential Property, Mixed Use Property, Approved Property or Undeveloped Property
for xvhich 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 ol~ Backup Special Tax that would have been generated if such change did not take
place.
City of Chula Vista 12-02- 2002
Corn,nun,fy F~,cih'tie., Di3triet No. 074. /[ _ / ~
Brookfield Shea OtcO' Village Elevet~ Page 7
2. Approved Property
The Maximum Annual Special Tax for each Assessor's Parcel of Approved Property shall
be. $12,290 per Acre for Zone A and $21,299 per Acre for Zone B.
3. Undeveloped Property and Provisional Undeveloped Property
The Maximum Special Tax Ibr each Assessor's Parcel of Undeveloped Property and
Provisional Undeveloped Property shall be $12,290 per Acre for Zone A and $21,299 per
Acre for Zone B.
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 Ibllows:
First: The Special Tax shall be levied Proportionately on all Developed Property 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 all
Approved Property at tip to 100% of the Maximum Annual Special Tax for Approved
Property.
Third: I1' additional monies are needed to satisfy the Special Tax Requirement al'ret the
first two steps have been completed, the Special Tax shall be levied Proportionately ou all
Undeveloped Property within Zone A and Zone B, at a rate up to 100% of the Maximum
Ammal Special Tax lbr Undeveloped Property. In determining the Acreage of an
Assessor's Parcel el' Undeveloped Property for purposes of determining the annual Special
Tax to be levied on such Assessor's Parcels of Undeveloped Property, the CFD
Administrator shall not include any Acreage shown on any applicable tentative subdivision
map or other land usc entitlement approved by the City that designates such Acreage fnr a
use that would be classified as Open Space, Property Owner Association Property,
Comnmnity Purpose Facility or Public Property.
Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the
first three 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 fi'om the
Assigned Special Tax up to the Maximum Annual Special Tax for each such Assessor's
Parcel.
Fifth: If additional monies arc needed to satisfy the Special Tax Requirement after the first
four steps have been completed, then the Special Tax shall be levied Proportionately on all
Provisional Undeveloped Property 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 Taxable Property.
E. EXEMPTIONS
The CFD Administrator shall classify the following as Exempt Property: ti)
Public Property, (ii) Property Owner Association Property, (iii) Community
Purpose Facility Property, (iv) Open Space and tv) Assessor's Parcels with public
or utility easements making impractical their utilization for other tban the
purposes set forth in the easement; provided, however, that no such classification
shall reduce the sum of all Taxable Property to less than 124.65 Acres fog' Zone A
aud 81.54 Acres for Zone B. Assessor's Parcels which cannot be classified as
Exempt Property because such classification would reduce the Acreage of all
Taxable Property to less than 124.65 Acres for Zone A and 81.54 Acres for Zone
B will be classified as Provisional Undeveloped Property and shall be taxed
pursuant to the fifth step of Section D. Exempt status for proposes of this
paragraph will be assigned by the CFD Administrator in the chronological order
m which property becomes Exempt Property.
The Maxinmm Am~ual Special Tax obligation for any property which would be
classified as Public Property upon its transfer or dedication to a public agency but
which is classified as Provisional Undeveloped Property pursuant to E.I above
shall be prepaid in full by the seller pursuant to Section H.I, prior to the
transfer/dedication of such property to such public agency. Until the Maximum
Annual Special Tax obligation for auy such Public Property is prepaid, the
property shall continue to be subject to the levy of the Special Tax as Provisional
Undeveloped Property.
If the use of an Assessor's Parcel of Exempt Property changes so that such
Assessor's Parcel is no longer classified as one of the uses set forth in paragraph I
that would make such Assessor's Parcel eligible to be classified as Excn~pt
Property, such Assessor's Parcel shall cease to be classified as Exempt Property
and shall be deemed to be Taxable Property.
F. REVIEW/APPEAL COMMITTEE
Any Iandowuer 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 soch
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
City of Chu& Yiata 12-02- 2002
Community Facilitie3 Dixtrict No. 07-1, / / ~, ~_~
BrookfieM Shea O~ro' I'illage Eleve~ Page 9
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
forxvard a copy of such notice to the City Manager who shall establish as part of the
proceedings and administration of CFD-07-I a special three-member Review/Appeal
Committee. The Review/Appeal Committee may establish such procedures, as it deems
necessary to underlake 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 aud binding
as to all persons.
G. MANNER OF COLLECTION
The annual Special Tax shall be collected in the same maimer and at the same time as
ordinary ~d valorem property taxes; provided, however, that CFD-07-i, may directly bill
the Special Tax, may collect Special Taxes at a different time or in a different manner il'
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 o~' 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.
H. PREPAYMENT OF SPECIAL TAX
The tbllowing definitions apply to this Section H:
"CFD Public Facilities" means those public facilities authorized to be financed by CFD-
07-1.
"CFD Public Facilities Costs" means either $ 39.6 ~nillion, or such lower nmnber as shall
be determined either by (a) the CFD Administrator as sufficient to finance the CFD Public
Facilities, or (b) the Council concmTently with a covenant that it will not issue any more
Bonds to be secured by Special Taxes levied under this Rate and Mcthod of
Apportionment.
"Construction Fund" means an account specifically identified in the Indenture to hold
funds which are currently available for expenditure to acquire or construct the CFD Public
Facilities.
"Future Facilities Costs" means the CFD Public Facilities Costs minus that (a) portion
the CFD Public Facilities Costs previously funded (i) from the proceeds of all previously
issued Bonds, (ii) from interest earnings on the Construction Fund actually earned prior to
City q/Chuhl ~53t(~ 12-02 2002
CommuniO' ?',,ciiit,e, DJ,trier 07/, / / _~/
Broo~fieht Shea Ola) k'i/lage E/even Page lO
the date of prepayment and (iii) directly from Special Tax revenues and (b) the amoum of'
the proceeds of all previously issued Bonds then on deposit in the Construction Fnnd.
"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
Maximum Annual Special Taxes.
1. Prepayment in Full
The Maximum Ammal Special Tax obligation may only be prepaid and permanently
satisfied for an Assessor's Parcel of Developed Property, Undeveloped Property or
Approved Property for which a building permit has been issued, or Provisional
Undeveloped 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 notif~v such owner of the prepayment amount of such Assessor's Parcel.
The CFD Administrator may charge a reasonable fee for providing this figure, which can be
collected prior to preparing such calculation.
The prepayment an]ount shall be calculated as summarized below (capitalized terms as
defined below):
Bond Redemption Amount
plus
plus
plus
plus
less
less
equals
Redemption Premium
Future Facilities Amount
Defeasance Amount
Prepayment Fees and Expenses
Reserve Fund Credit
Capitalized £nterest Credit
Prepayment Amount
CRy qf Chula Vista 12-02- 2002
C°'nmuniO' ?'acilitie~' District N° 07 l'
Brookfiehl SOea Otay Fillage E/even Page / 1
As of tine proposed date of prepayment, the Prepayment Amount (defined below) slmll be
calculated as Follows: z'
Step No.:
For Developed Property, compute the Maximum Annual Special Tax for the
Assessor's Parcel to be prepaid. For Assessor's Parcels of Approved Property or
Undex eloped Property 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 tine building permit issued for that Assessor's Parcel. For Assessor's
Parcels of Provisional Undeveloped Property to be prepaid, compute the Maximum
Annual Special Tax fbr that Assessor's Parcel using the Maximum A~mual Special
Tax for Provisional Undeveloped Property.
Divide tile Maximum Annual Special Tax computed pursuant to stepl by the sum of
the total expected Maximum Annual Special Tax revenues which may be levied
within CFD-07-I excluding any Assessors Parcels for which the Maximum Annual
Special Tax obligation has been previously prepaid.
Multiply the quotient computed pursuant to step 2 by the principal amount el' the
Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and
prepaid (the "Bond Redemption Amount").
Multiply the Bond Redemption Amount computed pursuant to step 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").
If all the Bonds autlnorized to be issued by CFD-07-1 have not been issued, then
compute the Futnre Facilities Costs.
Multiply the quotient computed pursuant to step 2 by the amount if any, determined
pm-suant to step 5 to compute the amount of Future Facilities Costs to be allocated to
such Assessor's Parcel (the "Future Facilities Amount").
Compute the amount needed to pay interest on the Bond Redemption Amount from
thc first bond interest and/or principal payment date lbllowing the current Fiscal Year
until the earliest redemption date for the Outstanding Bonds.
8. Confirm that lie Special Tax delinquencies apply to sucln Assessor's Parcel.
Determine the Special Taxes levied on the Assessor's Parcel in the cmTent Fiscal
Year, wlnich have not yet been paid.
10.
Delermine the fees and expenses of CFD-07-I, including but not limited to, the costs
of computation of the prepayment, the costs to invest the prepayment proceeds, the
costs of redeeming Bonds from the proceeds of such prepayment, and the cost of
recording any notices to cvidence the prepayment and thc redemption
(the"Prepay~nent Fee and Expenses").
ll.
Compute the amount the CFD Administrator reasonably expects to derive from the
reinvestment of' the prepayment amount, less the Prepayment Fees and Expenses,
pursuant to step 10, front the date of prepayment until the redemption date for the
Outstanding Bonds to be redeemed with the prepayment.
12. Add the amounts computed pursuant to steps 7 and 9 and subtract the amount
computed pursuant to step 11 (the "Defeasance Amount").
13.
The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of: (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 fi'om the balance in the reserve fund on the prepayment date, but in no
event shall such amount be less than zero.
14.
Il' 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
step 2 by the expected balance in the capitalized interest fund after such first interest
payment (the "Capitalized Interest Credit").
15.
The Maximum Aunual Special Tax prepayment is equal to the sum of the amounts
computed pursuant to steps 3, 4, 6, 10, and 12, less the amounts computed pursuaut to
steps 13 and 14 (the "Prepayment Amount").
16.
From the Prepayment Amount, the amounts computed pursuant to steps 3, 4, 12, 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 amoant
computed pursuant to step 10 shall be retained by CFD-07-I. The amount computed
pursuant to step 6 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 fired established tinder 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 step 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 thc Act, to indicate the prepayment of Special Taxes and the release of the
Special Tax lien on such Assessor's Pamel, 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
both prior to and after the proposed prepayment is at least 1.1 times the maximum annual
debt service on all Outstanding Bonds.
2. Prepayment in Part
The Maximum Annual Special Tax on an Assessor's Parcel of Developed Property or an
Assessor's Parcel ot' Approved Property or Undeveloped Property for which a building
permit has been issued may be partially prepaid. The amount of the prepayment shall be
calculated as presented in Section H.1; except that a partial prepayment shall be calculated
according to the following formula:
PP = (PE x [:) + A
These terins have the following meaning:
PP - the partial prepayment
PE = the Prepayment Amount calculated according to Section H. l, minus Prepayment Fees
and Expenses determined pursuant to step 10.
F = the percent by which the owner of the Assessor's Parcel(s) is partially prepaying the
Maximum Annual Special Tax.
A- the Prepayment Fees and Expenses determined pursuant to step 10.
The owner o1' an Assessor's Parcel who desires to partially prepay the Maximum Annual
Special Tax shall uoti~ the CFD Administrator of (i) such owner's inteut to patlially
prepay the Maximum Annual Special Tax, (ii) the percentage by which the Maxinmm
Annual Special Tax shall be prepaid, and (iii) the company or agency that will be acting as
the escrow agent, it' applicable. The CFD Administrator shall provide the owncr xvith a
statement oi' tile amount required for thc partial prepayment of the Maximum Annual
Special Tax tbr an Assessor's Parcel within 30 days of the request and may charge a
reasonable icc 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-07-1 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) ot' lhe remaining Maximum Annual Special Tax shall continue to be authorized
to be levied on such Assessor's Parcel pursuant to Section D.
1. 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.
XV~HVd 3~V7~SV3
)Jd\:M
//-Z~
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ADOPT1NG A BOUNDARY MAP SHOWING THE
BOUNDARIES OF THE TERRITORY PROPOSED TO BE INCLUDED IN
PROPOSED COMMUNITY FACILITIES DISTRICT NO. 07-I (BROOKFIELD
SHEA OTAY - OTAY RANCH - VILLAGE ELEVEN)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA ("City
Council"), desires to initiate proceedings to create a Community Facilities District pursuant to the
terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part
1, Division 2, Title 5 of the Government Code of the State of California (the "Act") and the City of
Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the
City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of
California (thc "Ordinance") (the Act and the Ordinance may be referred to collectively as the
"Community Facilities District Law"). This Community Facilities District shall hereinafter be
designated as COMMUNITY FACILITIES DISTRICT NO. 07-1 (BROOKFIELD OTAY SHEA,
LLC - OTAY RANCH - VILLAGE ELEVEN) (the "District"); and,
WHEREAS, there has been submitted a map showing the boundaries of the territory
proposed for inclusion in the District including properties and parcels of land proposed to be subject
to the levy ora special tax by the District.
NOW, THEREFORE, IT IS HEREBY RESOLVED:
SECTION 1. The above recitals are all true and correct.
SECTION2. The map designated as "BOUNDARIES OF COMMUNITY FACILITIES
D1STRICT NO. 07-I (BROOKFIELD OTAY SHEA, LLC - OTAY RANCH - VILLAGE
ELEVEN)" showing the boundaries of the territory proposed for inclusion in the District including
thc parcels of land proposed to be subject to the levy of a special tax by the District is hereby
approved and adopted.
SECTION 3. A certificate shall be endorsed on the original and on at least one (1) copy of the map
of the District, evidencing the date and adoption of this Resolution, and within fifteen (15) days after
the adoption o£the Resolution fixing the time and place of the hearing on the formation or extent of
such District, a copy of such map shall be filed with the correct and proper endorsements thereon
with the County Recorder, all in the manner and form provided for in Sections 3110 and 3111 of the
Streets and Highways Code o f the State of California.
PREPARED BY:
John P. Lippitt, Director of Public Works
APPROVED AS TO FORM BY:
John Kaheny, City Attorney
J:',Attorney\RESO',CFD 074 Approve Map.doc
1
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, DECLARiNG ITS INTENTION TO ESTABLISH COMMI2N~TY
FACILITIES DISTRICT NO. 07-I (BROOKFIELD SHEA OTAY VILLAGE
ELEVEN) AND TO AUTHORIZE THE LEVY A SPECIAL TAX THEREIN TO
FINANCE THE ACQUISITION OR CONSTRUCTION OF CERTAIN PUBLIC
FACILITIES
WHEREAS, the CiTY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the
"City Council"), at this time desires to initiate proceedings to create a Community Facilities District
pursnant 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") (thc Act and the Ordinance may be referred to collectively as
the "Community Facilities District Law"). This Community Facilities District shall hereinafter be
referred to as Community Facilities District No. 07-I (Brookfield Shea Otay Village Eleven) (the
"District"); and,
WHEREAS, this City Council desires to proceed to adopt its Resolution of Intention to
initiate the proceedings to consider the establishment of such District, to set forth the proposed
boundaries for such District, to indicate thc typc of public facilities proposed to be financed by such
District, to indicate the proposed rate and apportionment of a special tax sufficient to finance the
acquisition of such facilities and the administration of the District and any indebtedness incurred by
the District, to set a time and place for a public hearing relating to the establishment of such District;
and
WHEREAS, the Community Facilities District Law provides that the City Council may
initiate proceedings to establish a community facilities district only if it has first considered and
adopted local goals and policies concerning the use of the Community Facilities District Law; and
WHEREAS, this City Council has adopted local goals and policies as required pursuant to
the Community Facilities District Law.
NOW, THEREFORE, IT iS HEREBY RESOLVED:
RECITALS
SECTION 1. The above recitals are all true and correct.
INITIATION OF PROCEEDINGS
SECTION 2. These proceedings are initiated by this City Council pursuant to the authorization of
the Community Facilities District Law.
BOUNDARIES OF DISTRICT
SECTION 3. It is the intention of this City Council to establish the boundaries of the proposed
District. A description of the proposed boundaries of the territory to be included in the District
including the properties and parcels of land proposed to be subject to the levy ora special tax by the
District is as follows:
All that property as shown on a map as previously approved by this City Council,
such map designated .by the name of this District, a copy of which is on file in the
Office of thc City Clerk and shall remain open for public inspection.
NAME OF DISTRICT
SECTION 4. The name of the proposed District t shall be Cmnmunity Facilities District No. 07-I
(Brookfield Shea Otay Village Eleven).
DESCRIPTION OF FACILITIES
SECTION 5. It is the intention of this City Council to finance the acquisition of certain facilities
attthorized to be acquired pursuant to the provisions of the Community Facilities District Law. A
general description of the type of facilities proposed to be authorized to be acquired is set forth in
Exhibit A attached hereto and incorporated herein by this reference (the "Facilities").
The Facilities are facilities which this legislative body is authorized by law to contribute
revenue to or to construct, own or operate. It is hereby further determined that the proposed
Facilities are necessary to meet increased demands and needs placed upon the City as a result of
development within the District.
The cost of acquiring the Facilities includes Incidental Expenses as such term is defined in
Government Code Section 53317(e) and may include, but not be limited to, the costs of planning and
designing the facilities; all costs associated with the establishment of the District, the issuance and
administration of bonds to be issued for the District, including the payment of any rebate obligation
due and owing to the federal government, the determination of the amount of any special taxes to be
levied, the costs of collecting any special taxes, and costs otherwise incurred in order to carry out the
authorized purposes of the District, together with any other expenses incidental to the acquisition,
construction, completion and inspection of the Facilities.
SPECIAL TAX
SECTION 6. It is hereby further proposed that, except where funds are otherwise available, a
special tax sufficient to pay for such Facilities and related Incidental Expenses authorized by the
Community Facilities District Law, secured by recordation of a continuing lien against all non-
exempt real property in the District, will be levied annually within the boundaries of the District.
Under no circumstances will the special tax levied against any parcel used for private residential
purposes be increased as a consequence of delinquency or default by the owner of any other parcel or
parcels within the District by more than 10 percent. For further particulars as to the rate and method
of apportionment of the proposed special tax (the "Rate and Method of Apportionment") reference is
made to the attached and incorporated Exhibit B, which sets forth in sufficient detail the method of
apportionment to allow each lando~vner or resident within the proposed District to clearly estimate
the maximum amount that such person will have to pay. The Rate and Method of Apportionment
also set forth the tax year after which no further special tax shall be levied or collected against any
parcel used for private residential purposes. A parcel shall be considered "used for private residential
purposes" not later than the date on which an occupancy permit or the equivalent for private
residential use is issued for such parcel.
The special taxes herein proposed, to the extent possible, shall be collected in the same
manner as ad valorem property taxes or in such other manner at this City Council shall determine,
including without limitation, direct billing of the affected property owners, and shall be subject to the
same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad
valorem taxes. Any special taxes that may not be collected on the County tax roll shall be collected
through a direct billing procedure by the Treasurer of the City of Chula Vista (the "City"), acting for
and on behalf o f the District.
The special tax obligation for any parcel may be prepaid and permanently satisfied in whole
or in part pursuant to the provisions therefor contained in the Rate and Method of Apportionment.
PUBLIC HEARING
SECTION 7. NOTICE IS GIVEN THAT ON FEBRUARY 18, 2003, AT THE HOUR OF 6:00
O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL BEING THE
COUNCIL CHAMBERS, CiTY HALL, LOCATED AT 276 FOURTH STREET, CHULA VISTA,
CALIFORNIA, A PUBLIC HEARING WILL BE HELD WHERE THIS CITY COUNCIL WILL
CONSIDER THE ESTABLISHMENT OF THE PROPOSED DISTRICT, THE RATE AND
METHOD OF APPORTIONMENT OF THE SPECIAL TAX PROPOSED TO BE LEVIED
WITHIN THE DISTRICT, AND ALL OTHER MATTERS AS SET FORTH IN THIS
RESOLUTION OF INTENTION. AT THE ABOVE-MENTIONED TIME AND PLACE FOR
PUBLIC HEARING ANY PERSONS INTERESTED, INCLUDING TAXPAYERS AND
PROPERTY OWNERS MAY APPEAR AND BE HEARD. THE TESTIMONY OF ALL
INTERESTED PERSONS FOR OR AGAINST THE ESTABLISHMENT OF THE DISTRICT,
THE EXTENT OF THE DISTRICT, OR THE FINANCING OF THE FACILITIES, WILL BE
HEARD AND CONSIDERED. ANY PROTESTS MAY BE MADE ORALLY OR IN WRITING,
HOWEVER, ANY PROTESTS PERTAINING TO THE REGULARITY OR SUFFICIENCY OF
THE PROCEEDINGS SHALL BE IN WRITING AND CLEARLY SET FORTH THE
IRREGULARITIES AND DEFECTS TO WHICH THE OBJECTION IS MADE. ALL WRITTEN
PROTESTS SHALL BE FILED WITH THE CITY CLERK OF THE CITY ON OR BEFORE THE
TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN
IN WRITING AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING.
IF A WRITTEN MAJORITY PROTEST AGAINST THE ESTABLISHMENT OF THE
DISTRICT IS FILED, THE PROCEEDINGS SHALL BE ABANDONED. IF SUCH MAJORITY
PROTEST IS LIMITED TO CERTAIN FACILITIES OR PORTIONS OF THE SPECIAL TAX,
THOSE FACILITIES OR THAT PORTION OF THE SPECIAL TAX SHALL BE ELIMINATED
BY THE CITY COUNCIL.
ELECTION
SECTION 8. If, following the public hearing described in the Section above, the City Council
determines to establish the District and proposes to levy a special tax within the District, the City
Council shall then submit the levy of the special taxes to the qualified electors of the District. If at
least twelve (12) persons, who need not necessarily be the same twelve (12) persons, have been
registered to vote within an the District for each of the ninety (90) days preceding the close of the
public hearing, the vote shall be by registered voters of the District, with each voter having one (1)
vote. Otherwise, the vote shall be by the landowners of District who were the owners of record at the
close of the subject hearing, with each such landowner or the authorized representative thereof,
having one (1) vote for each acre or portion of an acre of land owned within the District.
NOTICE
SECTION 9. Notice of the time and place of the public hearing shall be given by the City Clerk by
causing the publication of a Notice of Public Hearing in the legally designated newspaper of general
circulation, such publication pursuant to Section 6061 of the Government Code, with such
publication to be completed at least seven (7) days prior to the date set for the public hearing.
The City Clerk shall also cause notice to be given by first-class mail to each registered voter,
it' any, and to each landowner as defined in the Community Facilities District Law within the
proposed boundaries of the District. Soch notice shall be mailed at least 15 days before the public
hearing and shall contain the same information as is required to be contained in the notice published
pursuant to the preceding paragraph.
RESERVATION OF RIGHTS TO AUTHORIZE TENDER OF BONDS
SECTION 10. The City Council reserves to itself, in its capacity as the legislative body of the
District if formed, the right and authority to allow any interested owner of property within the
District, subject to the provisions of Government Code Section 53344.1 and to such conditions as
this City Council may impose, and any applicable prepayment penalties as may be described in the
bond indenture or comparable instrument or document, to tender to the Treasurer, acting for and on
behalf of the District, in full payment or part payment of any installment of the special taxes or the
interest or penalties thereon which may be due or delinquent, but for which a bill has been received,
any bond or other obligation secured thereby, the bond or other obligation to be taken at par and
credit to be given for the accrued interest shown thereby computed to the date of tender.
ADVANCES OF FUNDS OR WORK-iN-KIND
SECTION 1 I. At any time either before or after the formation of the District, the City Council may
accept advances of funds or work-in-kind from any source, including, but not limited to, private
persons or private entities and may provide, by resolution, for the use of those funds or that work-in-
kind for any authorized purpose, including, but not limited to, paying any cost incurred by the City
in creating the District. The City may enter into an agreement, by resolution, with the person or
entity advancing the funds or work-in-kind, to repay all or a portion of the funds so advanced, or to
reimburse the person or entity for the value, or cost, whichever is less, of the work-in-kind, as
determined by the City Council. The City has entered into a Community Facilities District
Reimbursement Agreement with Brookfield Shea Otay, LLC (the "Company") to provide for such
advances for the payment of all initial consulting and administration costs and expenses related to
the proceedings to consider the formation of the District and to subsequently authorize, issue and sell
bonds for the District. Such advances are subject to reimbursement pursuant to the terms of such
agreement. No such agreement shall constitute a debt or liability of the City.
In addition, it is proposed that the City enter into an agreement with the Company pursuant to
which the Company shall construct and install the Facilities and the District shall repay the funds
expended by the Company for such purpose or value or cost of the work in-kind, whichever is less.
PREPARED BY:
John P. Lippitt, Director of Public Works
APPROVED AS TO FORM BY:
John Kaheny, City Attorney
EXHIBIT A
DESCRIPTION OF TYPES OF FACILITIES
The types of public facilities authorized to be financed by the levy of special taxes within
each Improvement Area shall include streets, landscaping within public fights-of-way, sewers and
public utilities and other public improvements authorized to be financed from the proceeds of the
Public Facilities Development Impact Fee as may be authorized by the goals and policies of the City
Council pertaining to the use of the Community Facilities District Law.
A-1
EXHIBIT B
fL-~TE AND METHOD OF APPORTIONMENT FOR
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 07-I
(Brookd]eld Shes Otay Village Eleven)
A Special Tax as hereinafter defined shall be levied on each Assessor's Parcel of Taxable
Property within tine City of Clnula Vista Community Facilities District No. 07-l(Brookfield Shes
Otay Village Eleven), and collected each Fiscal Year commencing in Fiscal Year 2003-2004 in
an amount determined b> the City Council through the application of the appropriate Special Tax
for "Developed Propert5, .... Approved Property", "Undeveloped Property" and "Provisional
Undeveloped Property" as described below. AIl of the Taxable Property within CFD-07-I,
unless exempted by' law or by the provisions hereo£ shall be taxed for the purposes, to the extent
and in the manne: herein provided.
A. DEFINITIONS
The temps hereinafter set fotn. h have the following meaning:
"'A' Map" shall mean a master finJl subdixision or parcel map, filed in accordance with
tine Subdivision Map Act and the Chula Vista Municipal Code, which subdivides thc land
or a portion thereof shown on a tentative map into ~'super block" lots correspondin~ to
units or phasing of combination of units as shown on such tentative map and which max
further shoxx open space lot dedications, backbone street dedications and utility easements
required to serve snch "super block" lots.
"Acre or Acreage" means the land area of an .Assessor's Parcel as shown on an Assessor's
Parcel Map, or it' the land area is not shown on an Assessor's Parcel Map, the land area
sinown on thc applicable Final Subdivision Map, parcel map, condominium plan. record of
surxey, of oilier recorded document creating or describing tine land area. If the pl'cceding
maps fbr a land area are not available, tine Acreage of such land area shall be detem~ined bv
"Act" means the Mello-Roos Comnmnity Facilities Act of 1982, as amended, being
Chapter 2.5, 9ivision 2 of Title 5 of the Government Code of the State of California.
"Administrative Fees and Expenses" means the actual or reasonably estimated costs
directly related to the administration of CFD-0?-I including, but not limited to, the
fbIlowmg: the costs o£ computing tine Special 'Faxes and prepmSng 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 otherxvise); the costs of
remittilag the Special Taxes to the Trustee; the costs of the Trustee (including its legal
counsel) in the discharge of tine duties required of it under the Indenture; the costs to die
City, CFD-07-I, or any designee thereof of complying with arbitrage rebate requirements:
ttne costs to the City, CFD-07-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-07-I, or any
designee thereof related to any appeal of the levy or application of tim Special Tax; and the
Cio, qflChula l"is,'a 12-02- 2002
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-07-I, for
any other administrative purposes, including, but not limited to attorney's fees and other
costs related to commencing and pursuing to completion any foreclosure of delinquent
Special Taxes.
"Approved Property" means ail Assessor's Parcels of Taxable Property: (i) that m'e
included in an 'A' Map, excluding lettered lots thereon, or a Final Subdivision Map,
excluding lettered lots thereon, that were recorded prior to the March Ist preceding the
Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a
building permit prior to the March 1st preceding the Fiscal Year in which the Special Tax is
being lex icd.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned Assessor's Parcel nun~ber.
"Assessor's Parcel Map" means an official map of the County Assessor of the Couoty
designating parcels by Assessor's Parcel number.
"Assigned Special Tax" means the Special Tax for each Land Use Class of Developed
Property as detennined in accordance with Section C. I.a.
"Available Funds" means (a)the balance in the reserve fund established pursuant to the
terms of the Indenture in excess of the reserve requirement as defined in soch Indenture,
(b)delinquent Special Tax payments not required to fi~nd the Special Tax Requirement t'or
any preceding Fiscal Year, (c) that portion of Special Tax prepayments allocated to the
payment of' interest on Bonds, and (d) 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 incmTed by CFD-07-I under the Act.
"Bond Year" means a one-year period beginning on September 2® in each year and
ending on September 1st 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-07-1" means City of Cbula Vista Community Facilities District No. 07-I.
'~City" means the City oEChula Vista.
City of Ctlztl~t 7i$ta t2-02- 2002
Comt~un[O' Frzcih'lie.~ DI'.StFI'CI NO. 07-1,
"Community Purpose Facility Property" means all Assessor's Parcels which are (a)
classi fled as community purpose facilities and meet the requirements of City of Chula Vista
Ordinance No. 2002-2883 as amended on November 5, 2002 or (b) designated on an "A'
Map or a Final Subdivision Map as a community purpose facility.
"Council" means the City Council of the City, acting as the legislative body of CFD-07-I.
"Count"' means the County of San Diego.
"Density" means for each Assessor's Parcel of Residential Property the number of
Dwelling Units per gross acre determined pursuant to those provisions of Ordinance No.
2866, in effect as of' December 17, 2002, that provide for the calculation of density for
purposes of calculating Transportation Development Impact Fees.
"Developed Property" means all Assessor's Parcels of Taxable Property for xvhich a
building permit has been issued prior to March 1st preceding the Fiscal Year in which the
Special Tax is being levied.
"Dwelling Unit" means each separate residential d~velling unit that comprises an
independent facility capable of co?~veyance or rental separate from adjacent residential
dwelling units.
"Exempt Property" means all Assessor's Parcels that are exempt from the Special Tax
pursuant to Section E.1.
"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 t'urther
subdivision of snch property.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Indentnre" means the indenture, fiscal agent agreement, trust agreement, resolution or
other instrument pursuant to xvhich 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 Table 1 of Section C.
"Maximum Annual Special Tax" means the maximum annual Special Tax, detem~ined
in accordance with the provisions of Section C, which may be levied in any Fiscal Year on
any Assessor's Parcel of Taxable Property.
"Mixed Use Property" means all Assessor's Parcels that have been classified by the City
to allow both Residential Property and Non-Residential Property uses on each such
Assessor's Parcel. For au Assessor's Parcel of Mixed Use Property, each Land Use Class
City of CImla ~'i6ta 12-02- 2002
Community Facilities Vi.strict No, 07-1,
Brookfiehl Shea Or,ti' D'llage Eleve~ /1~ 7 Page 3
thereon is subject to taxation pursuant to the provisions of Section C regardless of the
geographic orientation of such Land Use Classes on such Assessor's Parcel.
"Non-Residential Property" means all Assessor's Parcels of Developed Property,/'or
which a building permit(s) has been issued for a non-residential use, excluding
Commnnity Purpose Facility Property.
"Open Space" means property within the boundaries of CFD 07-I in which prior to Juue
1~t of the preceding Fiscal Year (a) has been designated with specific boundaries and
acreage on an 'A' Map or Final Subdivision Map as open space (b) is classified by the
County Assessor as open space (c) has been irrevocably offered for dedication as open
space to the federal government, the State of California, the County, the City, any other
public agency or (d) is encumbered by an easement or other restriction required by the
City limiting the use of such property to open space..
"Outstanding Bonds" means all Bonds, which remain outstanding as defined in the
Indenture.
"Property Owner Association Property" means any property within the boundaries of
CFD-07-I which is (a) owned by a property owner association or (b) is designated with
specific boundaries and acreage on an 'A' Map or Final Subdivision Map as property
owner association property. As used in this definition, a property owner association
inclodes any master or sub-association.
"Proportio,ately" meaus lbr Developed Property that the ratio of the actual Spccial Tax
levy to the Assigned Special Tax or the Backup Special Tax is equal for all Assessors'
Parcels of the Developed Property. For Approved Property, Undeveloped Property aud
Provisional 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 tbr all
Assessor's Parcels of like classification.
"Provisional Undeveloped Property" means all Assessor's Parcels o~* Public Property,
Property Owner Association Property, Community Purpose Facility Property, Open Space
or other property that would otherwise be classified as Exempt Property pursuant to the
provisions of Section E, but cannot be classified as Exempt Property because to do so
would reduce the Acreage o~'all Taxable Property below the required minimum acreage as
set forth in Section E.I for Zone A or Zone B as applicable.
"Public Property" means any property within the boundaries of CFD-07-1 that which (a)
is owned by a public agency, (b) has been irrevocably offered for dedication to a public
agency or (c) is designated with specific boundaries and acreage on an 'A' Map or Final
Subdivision Map as property which will be owned by a public agency. For purposes of
this definition, a public agency includes the federal government, the State of California,
the Connty, the City or any other public agency.
"Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit has been issued for purposes of constructing one or more residential
dwelling units.
"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" memos that amount of Special Tax revenue required in any
Fiscal Year for to: ti) pay annual debt service on all Outstanding Bonds due in the Bond
Year beginning in sucb Fiscal Year; (ii) pay other periodic costs on Outstanding Bonds,
including but not limited to, credit enhancement and rebate payment; (iii) pay
Administrative Fees and Expenses; (iv) pay any amounts required to establish or replenish
any reserve funds for all Outstanding Bonds in accordance with the Indenture; and tv) pay
directly for acquisition and~or construction of public improvements which are attthorized
to be financed by CFD-07-I provided that the inclusion of such amount does not cause an
increase in the levy of Special Tax on the Undeveloped Property; less (vi) a credit for
Available Funds.
"State" means the State of'Cali£omia.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD
07-I that are not exempt £rom the Special Tax pursuant to laxv or Section E beloxv.
"Trustee" means the trustee, fiscal agent, or paying agent nnder the Indenture.
"Undeveloped Property" means, for each Fiscal year, all Taxable Property not classified
as Developed Property, Approved Property or Provisional Undeveloped Property.
"Zone A" means a specific geographic area as depicted in Exhibits A and B
attached hereto.
"Zone B" means a specific geographic area as depicted in Exhibits A and B
attached hereto.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Assessors' Parcels of Taxable Property within CFD-07-I shall be (a)
categorized as being located in either Zone A or Zone B, (b) classified as Developed
Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property
and (c) subject to the levy of annual Special Taxes determined pursuant to Sections C and
D below. Developed Property shall be assigned and shall be further classified as either
Residential Property, Non-Residential Property or Mixed Use Property. The Land Use
Class of each Assessor's Parcel of ResidentiaI Property or Mixed Use Property shall be
determined based on its Density. Once the Land Use Class of an Assessors Parcel of
Residential Property or Mixed Use Property is determined it cannot be changed.
City of Cluda Vi3ta
Community Facilitie.~ Dl'strict 3:'0. 07-[,
Brookfield SJtea Otto' I'illage Eleven
12-02- 2002
C. MAXIMUM ANNUAL SPECIAL TAX RATE
1. Developed Property
The Maximum Annual Special Tax for each Assessor's Parcel of Residential
Property, Non-Residential Property or Mixed Use Property shall be the greater of ( 1 )
the Assigned Special Tax described in Table I below or (2) the Backup Special Tax
computed pursuant to Section b. below.
a. Assigned Special Tax
Tlae Assigned Special Tax for each Land Use Class of Developed Property is
shown in Table I.
TABLE 1
Assigned Special Tax for Developed Property
Within Zone A and Zone B:
Land
Use Description Density Assigned Special Tax
Class (DU/Acre)
1 Residential 0 to 8 $1,560 per Dwelling Unit
Property
2 Residential >8 to 20 $1,248 per Dwelling Unit
Property
3 Residential >20 $936 per Dwelling Unit
Property
~ Non N/A $6,000 per/Acre
Residential
Property
The Assigned Special Tax for each Assessor's Parcel of Mixed Use Property
shall equal the total of(i) the Assigned Special Tax that would be applicable to
such Assessor's Parcel if it was classified only as Residential Property and (ii)
the Assigned Special Tax that would be applicable to such Assessor's Parcel if
it was classified as Non-Residential Property.
b. Backup Special Tax
When a Final Subdivision Map is recorded within Zone A or Zone B, the Backup
Special Tax for Residential Property and Non-Residential Property, shall be
determined as follows:
For cach Assessor's Parcel of Residential Property or Undeveloped Property and
Approved Properly to be classified as Residential Property upon its development
within the Final Subdivision Map area, the Backup Special Tax shall be the rate per
Dwelling Unit calculated according to the following formula:
Zone A
$12,290 x A
U
Zone B
,299 x A
U
The temps abo,,e have the following meanings:
Backup Special Tax per Dwelling Unit in each Fiscal Year.
Acreage classified or to be classified as Residential Property
such Final Subdivision Map.
Number of Dwelling Units in the Final Subdivision Map which are
classified or expected to be classified as Residential Property.
For each Assessor's Parcel of Developed Property classified as Non-Residential Property
or for each Assessor's Parcel of Approved or Undeveloped Property to be classified as
Non-Residential Property within the Final Subdivision Map area, the Backup Special Tax
shall be determined by multiplying $12,290 for Zone A and $21,299 for Zone B by the
total Acreage of any such Assessor's Parcel.
For each Assessor's Parcel of Mixed Use Property, the Backup Special Tax shall be
determined by multiplying $12,290 for Zone A and $21,299 for Zone B by the total
Acreage of any such Assessor's Parcel.
Notwithstanding the foregoing, if Assessor's Parcels of Residential Property, Non-
Residential Property, Mixed Use Property, Approved 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 'Fax applicable to such Assessor's Parcels shall be recalculated to equal the
amount of Backnp Special Tax that would have been generated if such change did not take
place.
City of Chula Vista 12-02- 2002
Com,nunio' Facih~ie.i Di~trict No 07-1, / / ~ /
Brookfield Shea Olay [/illage Eleveu Page 7
2. Approved Property
The Maxinmm Annual Special Tax for each Assessor's Parcel of Approved Property shall
be. $12,290 per Acre for Zone A and $21,299 per Acre for Zone B.
3. Undeveloped Property and Provisional Undeveloped Property
The Maximum Special Tax for each Assessor's Parcel of Undeveloped Property and
Provisional Undeveloped Property shall be $12,290 per Acre for Zone A and $21,299 per
Acre for Zone B.
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 tbllows:
First: The Special Tax shall be levied Proportionately on all Developed Property at a rote
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 all
Approved Property at up to 100% of the Maximum Annual Special Tax for Approved
Property.
Third: II' additional monies are needed to satisfy the Special Tax Requirement after tile
first two steps have been completed, the Special Tax shall be levied Proportionatcl) on all
Undeveloped Property within Zone A and Zone B, at a rate up to 100% of the Ma×imum
Annual Special Tax tbr Undeveloped Property. In determining the Acreage of an
Assessor's Parcel of Undeveloped Property for purposes of determining the annual Special
Tax to be levied on such Assessor's Parcels of Undeveloped Property, the CFD
Administrator shall not include any Acreage shown on any applicable tentative suhdivision
map or other land use entitlement approved by the City that designates such Acreage lbr a
use that would be classified as Open Space, Property Owner Association Property,
Community Purpose Facility or Public Property.
Fourthl if additional monies are needed to satisfy the Special Tax Requirement after the
first three 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 fi'om the
Assigned Special Tax up to the Maximum Annual Special Tax for each such Assessor's
Parcel.
Fifth: If additional monies are needed to satisfy the Special Tax Requirement after tile first
four steps have been completed, theu the Special Tax shall be levied Proportionately on all
City of Chuht Fi. wa 12-02- 2002
Broo~fieht Shea O[q~ ~'illage E/eve. . ~ P.ge 8
Provisional Undeveloped Property 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 Taxable Property.
E. EXEMPTIONS
The CFD Administrator shall classify the following as Exempt Property: (i)
Public Property, (ii) Property Owner Association Property, (iii) Connmunity
Purpose Facility Property, (iv) Open Space and (v) 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 to less than 124.65 Acres for Zone A
and 81.54 Acres for Zone B. Assessor's Parcels wlnich cannot be clussificd as
Exempt Property because such classification would reduce the Acreage of ail
Taxable Property to less than 124.65 Acres for Zone A and 81.54 Acres lbr Zone
13 will be classified as Provisional Undeveloped Property and shall be taxed
pursuant to the fit'th step of Section D. Exempt status for proposes of' this
paragraph will be assigned by the CFD Administrator in the chronologicul order
in which property becomes Exempt Property.
The Maximum AnmuaI Special Tax obligation for any property xvbich would be
classified as Public Property upon its transfer or dedication to a public agency but
xvhicb is classified as Provisional Undeveloped Property pursuant to E.1 above
shall be prepaid in full by the seller pursuant to Section H.1, prior to tine
transfer/dedication of such property to such public agency. Until the Maximum
Animal Special Tax obligation for any such Public Property is prepaid, the
property shall continne to be subject to the levy of the Special Tax as Provisional
Undeveloped Property.
If the use of an Assessor's Parcel of Exempt Property changes so that such
Assessor's Parcel is no longer classified as one of the rises set forth in puragrapb 1
that xvould make such Assessor's Parcel eligible to be classified as Exempt
Property, such Assessor's Parcel shall cease to be classified as Exempt Property
and shall be deemed to be Taxable 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 sncln
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
City of Chula Viata 12-02- 2002
Community £acih'tie.s District No. 07-I,
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 administratiou of CFD-07-I a special three-member Review/Appeal
Committee. The Review/Appeal Committee may establish such procedures, as it deems
necessary to undertake tlm 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 decisioo of the Review/Appeal Committee shall be final and binding
as to all persons.
G. MANNER OF COLLECTION
]'he annaal Special Tax shall be collected in the same manner and at the same time as
ordinary ad ~'alo~'e~t prope~.y taxes; provided, however, that CFD-07-I, may directly bill
the Special Tax, may collect Special Taxes at a different time or in a different manner iff
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 ill 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 Councih
H. PREPAYi~IENT OF SPECIAL TAX
The following definitions apply to this Section H:
"CFD Public Facilities" means those public facilities attthorized to be financed by CFD-
07-1.
"CFD Public Facilities Costs" means either $ 39.6 million, or such lower number as shall
be detem~ined either by (a) the CFD Administrator as sufficient to finance the CFD Public
Facilities, or (b) the Coancil concurrently with a covenant that it will not issue any more
Bonds to be secured by Special Taxes levied under this Rate and Method of
Apportionment.
"Construction Fund" means an account specifically identified in the Indenture to hold
t'unds which are currently available for expenditure to acquire or construct the CFD Public
Facilities.
"Future Facilities Costs" means the CFD Public Facilities Costs minus that (a) portion o£
the CFD Public Facilities Costs previously funded (i) from the proceeds of all previously
issued Bonds, (ii) fi-om interest eamings on the Construction Fund actually earned prior to
the date of prepayment and (iii) directly from Special Tax revenues and (b) the amount of
the proceeds of all previously issued Bonds then on deposit in the Construction Fund.
"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 or
Approved Property for which a building permit has been issued, or Provisional
Undeveloped 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 Annnal Special Tax obligation shall provide the CFD Administrator with xx ritten
notice of intent to prepay. Within 30 days of receipt of such written notice, tine CFD
Administrator shall notify sucb owner of the prepayment amount of such Assessor's Pm-cd.
The CFD Administrator may charge a reasonable fee for providing tlfis figure, which can be
collected prior to preparing such calcnlation.
The prepayment anaount shall be calculated as summarized below (capitalized terms as
defined below):
Bond Redemption Amount
plus
plus
plus
plus
less
less
equals
Redemption Premium
Future Facilities Amount
Defeasance Amount
Prepayment Fees and Expenses
Reserve Fund Credit
Capitalized Interest Credit
Prepayment Amount
City of Chula l/ista 12-02- 2002
Com~nunity P~tcilltie.~ District No. 074,
B,'oogfieht Shea Ota3'~Sllage Eh'w,. fl--h~
It
As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be
calculated as follows:
Step No.:
For Developed Property, compute the Maximum Annual Special Tax for the
Assessor's Parcel to be prepaid. For Assessor's Parcels of Approved Property or
Undeveloped Property 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 thc building permit issued for that Assessor's Parcel. For Assessor's
Parcels of Provisional Undeveloped Property to be prepaid, compute the lVlaximum
Annual Special Tax for that Assessor's Parcel using the Maximum Annual Special
Tax for Provisional Undeveloped Property.
Divide the Maximum Annual Special Tax computed pursuant to stepl by the sum of
the total expected Maximum Annual Special Tax revenues which may be levied
within CFD-07-I excluding any Assessors Parcels tbr which the Maximum Annual
Special Tax obligation has been previously prepaid.
Mnltiply the quotient computed pursuant to step 2 by the principal amount o1' the
Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and
prepaid (the "Bond Redemption Amount").
Multiply the Bond Redemption Amount computed pursuant to step 3 by the
applicable redemption premium on the next possible Bond call date, if any. on the
Outstanding Bonds to be redeemed (the "Redemt;tion Premium").
Il' all the Bonds authorized to be issued by CFD-07-I have not been issnecl, then
compute the Future Facilities Costs.
Multiply the quotient computed pursuant to step 2 by the amount if any, determined
pursuant to step 5 to compute the amount of Future Facilities Costs to be allocated to
such Assessor's Parcel (the "Future Facilities Amount").
Compute the amount needed to pay interest on the Bond Redemption Amount fi'om
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.
Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal
Year, which have not yet been paid.
10.
Determine the fees and expenses of CFD-07-I, including but not limited to, the costs
of computation of the prepayment, the costs to invest the prepayment proceeds, the
costs o£redeeming Bonds from the proceeds of such prepayment, and the cost of
recording any notices to evidence the prepayment and the redemption
CiO, of Chuht D~'tu /2-02. 2002
· ' It
Communit), Facih't~es Di.~trtct /Xo. 07-l,
Broo~fiehl S/wa Olri)' Yi//age E/eve. ~ Puge 12
(the"Prepayment Fee and Expenses").
11.
Compute the amount the CFD Administrator reasonably expects to derive fi'om the
reinvestment of the prepayment amount, less the Prepayment Fees and Expenses,
pursuant to step 10, from the date of prepayment until the redemption date for tbe
Outstanding Bonds to be redeemed with the prepayment.
12. Add the amounts computed pursuant to steps 7 and 9 and subtract the amount
compnted pursuant to step 11 (the "Defeasance Amount").
13.
The reserve fitnd credit (the "Reserve Fund Credit") shall equal the lesser of: (a) tile
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 tile first interest payment following the current Fiscal Year, a capitalized
interest credit shall be calculated by multiplying the quotient computed pursuant to
step 2 by the expected balance in the capitalized interest fund after such first interest
payment (the "Capitalized h~terest Credit").
15.
The Maximum Annual Special Tax prepayment is equal to the sum of the amounts
computed pursuant to steps 3, 4, 6, I0, and 12, less the amounts computed pursuant to
steps 13 and 14 (the "Prepayment Amount").
16.
From the Prepayment Amount, the amounts computed pursuant to steps 3, 4, 12, 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 step 10 shall be retained by CFD-07-I. The amount computed
pursuant to step 6 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 o f' bonds or to make debt service payments.
As a result o£ the payment of the current Fiscal Year's Special Tax levy as determined
under step 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 SpeciaI 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.
City of Chula Vista 12-02- 2002
Com,nuni~. Facilitie3 District No 07-1, //"~/ 7
Brookfield Shea Ora)' l/illage Eleven Page 13
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the
amount of Maximum Am~ual Special Taxes that may be levied on Taxable Property within
both prior to and after the proposed prepayment is at least 1.l times the maximum annual
debt service on all Outstanding 'Bonds.
2. Prepayment in Part
The Maximum Annual Special Tax on an Assessor's Parcel of Developed Property or an
Assessor's Parcel of Approved Property or Undeveloped Property for which a building
permit has been issued may be partially prepaid. The amount of the prepayment shall be
calculated as presented in Section H.1; except that a partial prepayment shall be calculated
according to the following fornmla:
PP - (PE X F) + A
These terms have tile £ollowing meaning:
PP - the partial prepayment
PE the Prcpayment Amount calculated according to Section H.1, minus Prepayment t:ecs
and Expenses determined pursuant to step 10.
F = the percent by which the owner of the Assessor's Parcel(s) is partially prepaying the
Maximnm A~moal Special Tax.
A= tile Prepayment Fees and Expenses determined pursuant to step 10.
The owner of' an Assessor's Parcel who desires to partially prepay the Maximum :\nnual
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 o,.vncr with a
statement or' the amount required for the partial prepayment of the Maximum Annual
Special Tax lbr 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 fnnds remitted to it according to step 16 of Section H.I, and (ii) indicate in the records
of CFD-07-1 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
(I.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.
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.
City of Chtlh~ k'ista 12-02- 2002
Commzlnitv Facilizie.s District No. 07-1, l z~. ~
Broo~fieht S/tea Ora)' I'i/lage E/evezl ?" ~~'~[~J P~zge /4
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ORDERING AND DIRECTING THE PREPARATION OF A
REPORT FOR PROPOSED COMMUNITY FACILITIES DISTRiCT NO. 07-I
(BROOKFIELD SHEA OTAY VILLAGE ELEVEN)
WHEREAS, the CiTY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the
"City Council"), has declared its intention to initiate proceedings to create a Community Facilities
District 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 Govemment Code of the State of Califomia (the
"Act") and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the
powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the
Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred
to collectively as the "Community Facilities District Law"). This Community Facilities District
shall hereinafter be designated as COMMUNITY FACILITIES DISTRiCT NO. 07-I
(BROOKF1ELD SHEA OTAY VILLAGE ELEVEN) (the "District"); and,
WHEREAS, this City Council directs, pursuant to the provisions of Section 53321.5 of the
Government Code of the State of California, the preparation of a report to provide more detailed
information relating to the proposed District, the proposed facilities to be financed through the
District, and cstimate of the cost of providing such facilities (the "Community Facilities District
Report").
NOW, THEREFORE IT IS HEREBY RESOLVED:
SECTION 1. The above recitals are all true and correct.
SECTION 2. The Director of Public Works is hereby directed and ordered to prepare or cause to be
prepared the Community Facilities District Report to be presented to this City Council, generally
setting forth and containing the following:
FACILITIES:
A full and complete description of the public facilities the acquisition
or construction of which are proposed to be financed through the
District.
COST ESTIMATE: A general cost estimate setting forth costs of acquiring or
constructing such facilities.
SPECIAL TAX:
Further particulars and documentation regarding the rates and
methods of apportionment of the special taxes proposed to be levied
within the District.
SECTION 3. The Community Facilities District Report, upon its preparation, shall be submitted to
this City Council for review, and such report shall be made a part of the record of the public hearing
on the Resolution of Intention to establish such District
PREPARED BY:
APPROVED AS TO FORM BY:
,John P. Lippitt, Director of Public Works
John Kaheny, City Attorney
2
1/-572
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, DECLARING ITS INTENTION TO ISSUE BONDS OF
COMMUNITY FACILITIES DISTRICT NO. 07-1 (BROOKFIELD SHEA OTAY
VILLAGE ELEVEN) TO BE SECURED BY SPECIAL TAXES LEVIED WITHIN
SUCH DISTRICT TO PAY FOR THE ACQUISITION OR CONSTRUCTION OF
CERTAIN FACILITIES
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the
"City Council"), has initiated proceedings to create a Community Facilities District pursuant to the
terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part
1, Division 2, Title 5 of the Government Code of the State of California (the "Act") and the City of
Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the
City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of
California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the
"Community Facilities District Law") to finance the acquisition of certain authorized facilities. This
Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES
DISTRICT NO. 07-I (BROOKFIELD SHEA OTAY VILLAGE ELEVEN) (the "District"); and,
WHEREAS, it is the intention of this legislative body to finance the acquisition of all or a
portion of such facilities through the issuance of bonds to be issued by the District, such bonds to be
secured by special taxes to be levied on taxable property within the District, all as authorized
pursuant to the Community Facilities District Law.
NOW THEREFORE IT IS HEREBY RESOLVED:
SECTION I. The above recitals are all tree and correct.
SECTION 2. This City Council declares that the public convenience and necessity requires
that a bonded indebtedness be incurred by the District to contribute to the financing of all or a
portion of the authorized facilities.
SECTION 3. The purpose for the proposed debt of the District is to contribute to the
financing of the acquisition or construction of authorized facilities consisting of the types of public
facilities described in Exhibit A attached hereto and incorporated herein by this reference (the
"Facilities").
SECT1ON 4. The amount of the bonded indebtedness of the District may include all costs
and estimated costs incidental to, or connected with, the accomplishment of the purpose for which
the indebtedness is proposed to be incurred as authorized pursuant to the Community Facilities
District Law. The amount of the indebtedness proposed to be authorized for the District is
$45,000,000.
It
SECTION 5. NOTICE IS GIVEN THAT ON FEBRUARY 18, 2003, AT THE HOUR OF
6:00 O'CLOCK P.M. IN THE REGULAR MEETING PLACE OF THE LEGISLATIVE BODY,
BEING THE COUNCIL CHAMBERS, CITY HALL, LOCATED AT 276 FOURTH STREET,
CHULA VISTA, CALIFORNIA, A HEARING WILL BE HELD ON THE INTENTION OF THIS
LEGISLATIVE BODY TO INCUR A SEPARATE BONDED INDEBTEDNESS OF THE
DISTRICT TO CONTRIBUTE TO THE FINANCING OF THE FACILITIES, SUCH
INDEBTEDNESS TO BE SECURED BY THE LEVY OF SPECIAL TAXES WITHIN THE
DISTRICT. AT THE TIME AND PLACE FIXED FOR SAID PUBLIC HEARING ANY
PERSONS INTERESTED, INCLUDING PERSONS OWNING PROPERTY WITHIN THE
DISTRICT, MAY APPEAR AND PRESENT ANY MATTERS RELATING TO THE PROPOSED
INTENTION AND NECESSITY FOR INCURRING A BONDED INDEBTEDNESS OF THE
DISTRICT WHICH WILL CONTRIBUTE TO THE FINANCING OF ALL OR A PORTION OF
THE FACILITIES AND WHICH WILL BE SECURED BY A SPECIAL TAX TO BE LEVIED
WITHIN THE DISTRICT.
SECTION 6. Notice of the time and place of the public hearing shall be given by the City
Clerk by publishing a Notice of Public Hearing in a legally designated newspaper of general
circulation, said publication pursuant to Section 6061 of the Government Code, with said publication
to be completed at least seven (7) days prior to the date set for the public hearing.
PREPARED BY:
APPROVED AS TO FORM BY:
John P. Lippitt, Director of Public Works
John Kaheny, City Attorney
2
EXHIBIT A
DESCRIPTION OF TYPES OF FACILITIES
The types of public facilities authorized to be financed by the levy of special taxes within the
District shall include streets, landscaping within public rights-of-way, sewers and public utilities and
other public improvements authorized to be financed from the proceeds of the Public Facilities
Development Impact Fee as may be authorized by the goals and policies of the City Council
pertaining lo the use of the Community Facilities District Law.
A-1