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July 24, 2018 File ID: 18-0221
18-0332
TITLE
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 19.58
(USES) TO ADD SECTION 19.58.440 (MOBILE FOOD FACILITIES), AMENDING CHAPTER 8.20 (FOOD
VENDORS), AMENDING CHAPTER 5.62 (VENDING VEHICLES), AMENDING CHAPTER 10.52 (STOPPING,
STANDING, AND PARKING), AND AMENDING CHAPTER 5.07 (MASTER TAX SCHEDULE) (SECOND
READINGAND ADOPTION)
RECOMMENDED ACTION
Council adopt the ordinance.
SUMMARY
The City is experiencing a surge of mobile food facilities that operate on public and private property with
limited regulatory standards. To facilitate mobile food facility commerce, the City needs to protect the
public by ensuring these facilities operate in a safe manner and do not create a nuisance or hazard. Staff is
proposing amendments to the Chula Vista Municipal Code (CVMC), by adding a new Mobile Food Facility
Ordinance to Chapter 19.58 (Uses) and amendingChapters 8.20, 5.62, and 10.52 regarding food vending,
and vending vehicles, and stopping/parking respectively. In addition, staff is proposing to amend CVMC
Title 5 to clarify continued applicability of the existing business license tax for mobile food facilities and
amend the Master Fee Schedule to establish Mobile Food Facility permit fees.
ENVIRONMENTAL REVIEW
The Project is a legislative activity that qualifies for a Categorical Exemption pursuant to the California
Environmental Quality Act State Guidelines Section 15061(b)(3).
Environmental Determination
The City Council finds that the adoption of this ordinance is exempt from environmental review under the
California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) because it can be seen
with certainty that there is no possibility that the activity in question may have a significant effect on the
environment. Therefore, pursuant to Section 15060(c)(3) of the CEQA Guidelines, the action is not subject
to CEQA; therefore, no further environmental review is required.
The City Council reviewed the proposed legislative action for compliance with the California Environmental
Quality Act (CEQA) and determined that the action is not a Project as defined under Section 15378 of the
State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the action
is not subject to CEQA.
Page|1
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
On February 28, 2018 the Planning Commission recommended adoption of the ordinance toCity Council
(Attachments 1 and 2). The proposed ordinance that the Planning Commission recommended included
omissions of sections in Chapter 8.20 regarding vending vehicles; however, staff reviewed the omissions
and determined that most should remain, as they are defined and operate different from mobile food
facilities. The retention of the sections does not affect the purpose and intent of the Mobile Food Facility
Ordinance. The San Diego County Airport Land Use Commission reviewed the ordinance and determined
that it is consistent with Airport Land Use Compatibility Plan (APLUCP) (Attachment 3).
DISCUSSION
CVMC Section 19.58.440 (Mobile Food Facilities):
The City's zoning code provides a regulatory process for pushcarts on private property and in the public
right-of-way, but currently does not regulate mobile food facility vending on public or private property.
The proposed ordinance will create a new section; CVMC Section 19.58.440, to address these uses on public
and private property. The proposed code amendments are intended to differentiate between the City's
mobile food/beverage vending regulations that limit the sale or distribution of merchandise, and services
from vehicles which dispense freshly prepared and pre-packaged food and beverages (e.g. ice cream
trucks), and mobile food facilities by creating new zoning regulations and processes for permit approval for
mobile food facility activity in theCity.
Reasonable regulations are necessary to ensure that mobile food facilities operate in accordance with
health, safety and traffic laws of the state and the City of Chula Vistas parking requirements; do not cause
public safety problems by contributing to traffic congestion or by creating pedestrian and vehicular
conflicts; and do not disturb the quiet use and peaceful enjoyment of residential neighborhoods. Therefore,
the regulations described in the attached ordinance are in accordance with the authority granted in Section
22455 of the California Vehicle Code, which allows the driver of any commercial vehicle engaged in vending
upon a street to vend products on a street in a residential zone and lawfully parking adjacent to the curb.
A local authority may also adopt additional requirements for public safety by regulating the type of vending
and the time, place, and manner of vending from vehicles upon any street. Additionally, California Health
and Safety Code section 114315 allows a mobile food facility to operate within 200 feet of an approved and
readily available toilet, and handwashing facility to ensure that restroom facilities are available to facility
employees when the mobile food facility conducts business for more than a one-hour period.
These amendments will require mobile food facilities to obtain a Vending Permit through a ministerial
process that includes securing a business license, as required in CVMC Section 5.62, obtain permission from
a property owner, and possess a County health permit among other requirements. These amendments will
also require a property owner who would like to host mobile food facilities on their premises, to obtain a
Hosting Permit. Mobile food facilities that vend in the public right-of-way are governed by the California
Vehicle Code and by new CVMC Section 19.58.440 that regulates the time, place, and manner to protect
public health and safety. Listed below are key features of the new ordinance:
Requires annual Vending and Hosting permits for mobile food facilities; and
Requires a valid commissary agreement; and
Requires a valid County Health permit; and
Limits the amount of outside furniture; and
Requires a valid business license; and
Requires compliance with performance standards; and
Prohibits mobile food facilities on vacant lots or gas service stations; and
Requires property owner permission; and
Page|2
Requires that mobile food facilities be an accessory use to a primary use on-site; and
Requires a waste receptacle; and
Requires a restroom facility for vending employees
Permit process:
Mobile food facility vendors would be required to obtain a Vending Permit, and a City of Chula Vista
business license. Property owners who host a mobile food facility would be required to obtain a Hosting
Permit to allow a mobile food facility to operate on their property. Hosting Permits would not be required
for public special events, private event catering, active construction sites, or institutions such as schools,
religious facilities, colleges orhospitals. The application packet submittal requirements would include: the
application form; site plan (Hosting Permit only); proof of a County Health permit (Vending Permit only);
proof of a commissary agreement (Vending Permit only), Indemnification Agreement (Attachment 4), and a
fee. Vending and Hosting permits would be processed by Development Services as a ministerial action and
expire annually.
Permit Fees:
As proposed, Resolution B amends Chapter 14 (Planning Fees) of the Citys Master Fee Schedule to
establish annual Mobile Food Facility Vending and Hosting permit fees. The estimated reasonable cost of
providing the associated services has been calculated using the most recent Development Services Fee
Study hourly rates and is summarized in the table below (see Attachment 5 for Cost of Service Analysis).
Annual fees of $135 and $250, are recommended for Vending and Hosting permits, respectively
(Attachment 6).
TotalEstimatedProposed
Staff TimeCost of ServiceFee
Vending Permit0.75 Hours$137.27$135.00
Host Permit1.25 Hours$253.58$250.00
Enforcement:
While enforcement of mobile food facility regulations is expected to be more challenging than typical
enforcement for violations at fixed locations; violators will be subject to enforcement action by the Code
Enforcement Division; the Police Department; the County of San Diego, for health permit violations; and
potentially be subject to fines and permit revocation procedures. Mobile food facility vendors are required
to park, and service their vehicles at the commissary location in the agreement that is submitted with the
vending permit application.
CVMC Chapter 5.62
Chapter 5.62 of the CVMC currently addresses vending vehicles used to sell, give away, or display any goods
other than foodstuffs. The proposed amendments to Chapter 5.62 clarify the applicability of this Chapter to
only vendors of non-food goods (does not apply to mobile food facilities or vendors of prepackaged food
goods).
CVMC Chapter 8.20
Chapter 8.20 of the CVMC currently addresses vending vehicles that sell, give away, display, or offer for sale
both prepared (e.g. catering trucks, bakery trucks, or ice cream trucks) and unprepared (e.g. raw or
unprepared fruits, vegetables, produce, meats, fish, poultry, or seafood) foodstuffs. Historically, the City
has primarily permitted vending vehicles, as defined in Chapter 8.20. The new CVMC Section 19.58.440
addresses mobile food facilities, which are differentiated from vending vehicles, by including a definition
for these facilities in Chapter 8.20. The proposed amendment adds CVMC Section 8.20.015 to establish that
a mobile food facility is not a vending vehicle for purposes of Chapter 8.20.
Page|3
CVMC Section 10.52.200
The proposal also includes an amendment to CVMC Section 10.52.200 to establish that a mobile food
facility is not subject to time limit provision of this section as defined in the added Section 19.58.440.
CVMC Section 5.07.030
The proposed ordinance amends CVMC Section 5.07.030 (Master Tax Schedule) to add references to the
newly created CVMC Section 19.58.440 and mobile food facilities. This action does not establish a new tax,
but instead clarifies continued applicability of the existing tax to all food vending vehicles (whether
permitted under Section 8.20.020 or 19.58.440).
Public Outreach:
Staff presented the Mobile Food Facility Ordinance to the Third Avenue Village Association (TAVA) Board
of Directors and received their support for mobile food facilities to vend on private property and at special
events. At TAVAs request, staff held a public workshop on November 7, 2017and received input from
business owners along Third Avenue. The ordinance was heard by the Planning Commission following the
workshop on November 8th, but decided to continue the hearing and requested that staff hold an
additional workshop to get more input from the public.
On January 31, 2018 staff held a second citywide publically noticed workshop to explain and clarify the
purpose and intent of the proposed ordinance. Discussion points included the ordinances background,
Vending and Hosting Permit regulations, permitted locations, permitted and unpermitted operation, and
enforcement, followed by a question and answer period. The concerns raised included, ordinance
enforceability, use of extension cords, and host and vendor accountability; the concerns did not require
significant ordinance revisions; however, staff committed to bring the ordinance back after one year for
review, and to further consider the use of extension cords.
Staff also worked together with San Diego United Food Truck Association and California Restaurant
Association representatives to address their interests and obtain input; both associations support the
ordinance. Additionally, staff presented the draft ordinance to the Development Services Citizen Oversight
Committee; following discussion and review, the Committee recommended adoption of the ordinance.
The proposed Mobile Food Facility Ordinance, if adopted, will encourage fair, safe, and equitable business
practices employed by mobile food vendors and businesses that host food vending activities.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific
and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11),
is not applicable to this decision for purposes of determining a disqualifying real property-related financial
conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The Citys Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community. The Mobile Food Facility
Ordinance supports the Economic Vitality goal as the ordinance will strengthen the Citys economy by
supporting and advancing existing businesses and encouraging entrepreneurial opportunities for new
small business owners.
Page|4
CURRENT-YEAR FISCAL IMPACT
All staff costs associated with preparing the Mobile Food Facility Ordinance areincluded in the adopted
budget. Approval of Resolution B supports appropriate cost recovery for providing Vending and Hosting
permitting services.
ONGOING FISCAL IMPACT
With approval of Resolution B, costs associated with issuing Vending and Hosting permits will be recovered
through the adopted fees. Long term economic impacts are anticipated to be positive but cannot be
reasonably projected at this time.
ATTACHMENTS
1.Planning Commission Resolution MPA17-0009
2.Planning Commission Minutes
3.Airport Land Use Commission Letter
4.Indemnification Agreement
5.Cost of Service Analysis
6.Master Fee Schedule (Chapter 14)
Staff Contact: Michael Walker, Senior Planner, DSD Advance Planning Division
Page|5
SECOND READING AND ADOPTION
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTAAMENDING
CHULA VISTA MUNICIPAL CODE CHAPTER 19.58 (USES)
TO ADD SECTION 19.58.440 (MOBILE FOOD FACILITIES);
AMENDING CHAPTER 8.20 (FOOD VENDORS); AMENDING
CHAPTER5.62 (VENDING VEHICLES); AMENDING
CHAPTER10.52(STOPPING, STANDING, AND PARKING);
ANDAMENDINGCHAPTER5.07(MASTERTAX
SCHEDULE)
WHEREAS,mobile food facilities, provide gourmet and fast food options to city
residents, workersand visitors; and
WHEREAS, mobile food facilitiesoperating at the invitation of businesses, such as retail
centers or breweries, draw customers that benefit these businesses; and
WHEREAS,mobile food facilitiesprovide diverse dining options for the general public
at permitted special events on public or private property such as festivals, street fairs and fun
runs; and
WHEREAS, mobile food facilitiesprovide an opportunity for entrepreneurs to operate
small businesses, as well as for brick and mortar restaurants to expand into other locations or
new markets; and
WHEREAS, California Health and Safety Code section 113700 et seq. (the“California
Retail Food Code”) establishes local regulatory authority over mobile food facilities and allows
mobile food facilitiesto operate in accordance with local codes, ordinances and regulations; and
WHEREAS, Section 22455 of the California Vehicle Code authorizes the City to regulate
the time, place and manner of vending from mobile food facilitiesin the public right-of-wayfor
public safety; and
WHEREAS, Section 114315 of the California Health and Safety Code requires amobile
food facility be operated within 200 feet of an approved and readily available toilet and
handwashing facilityto ensure that restroom facilities are available tomobile food facility
employees whenever the mobile food facility is stopped to conduct business for more than a one-
hour period;and
WHEREAS, Chula Vista Municipal Code (CVMC) Chapters 8.20 and 5.62 currently
address the licensing and operation of food and non-foodvending vehicles; and
WHEREAS, the creation of CVMC Section 19.58.440 (Mobile Food Facilities) is
recommended to regulate mobile food facilities; and
SECOND READING AND ADOPTION
WHEREAS, CVMC Section 5.07.030 establishes a Master Tax Schedule for business
license tax purposes; and
WHEREAS, pursuant to Section 5.07.030, the applicable rate for all vending vehicles is
set at $200 per vehicle per year (foodstuffs and non-foodstuffs); and
WHEREAS, for each business license tax established in CVMC Section 5.07.030, a
reference to the applicable section of the CVMC is provided; and
WHEREAS, approval of this ordinance will create a new CVMC section regulating a
subset of food vending vehicles, necessitating an update to the Master Tax Schedule references;
and
WHEREAS, The City Councilreviewed the proposed legislative action for compliance
with the California Environmental Quality Act (CEQA) and determined that the action is not a
“Project” as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to
Section 15060(c)(3) of the State CEQA Guidelines the action is not subject to CEQA. In
addition, notwithstanding the foregoing, the City Councilhas also determined that the action
qualifies for an Exemption pursuant to Section 15061(b)(3) of the State CEQA Guidelines;
therefore, no further environmental review is required.
NOW THEREFORE the City Council of the City of Chula Vista does hereby find and
ordain as follows:
That the regulation of mobile food facilitiesis in the interest of the health, safety and
welfare of the community and that the sales of products from mobile food facilitiesarelimited to
food items subject to regulation under the California Retail Food Code, as may be amended.
BE IT FURTHER ORDAINED that Section 19.58.440beadded to the Chula Vista
MunicipalCode and that Chapters 5.62,8.20and Section 10.52.200of the Chula Vista
Municipal Code be amended as set forth below.
Section I.
Section 19.58.440 Mobile food facilities.
A. Purpose
Mobile food facilitiesbenefit the community by providing gourmet and fastfood services to City
residents, workers and visitors. They also provide an entrepreneurial opportunity for small
businesses to operate in the City, and for brick-and-mortar restaurants to operate in different
locations or markets. When operated at the invitation of a brewery or retail center, mobile food
facilitiesdraw customers that benefit these businesses. Similarly, when operated as part of a
permitted special event, mobile food facilitiesdraw customersthat benefit the special event.
The City needs to protect the public by ensuring mobile food facilitiesare operated in a safe
manner and do not create nuisances or hazards. Reasonable regulations are necessary to ensure
SECOND READING AND ADOPTION
that mobile food facilitiesare operated in accordance with health,safety and traffic laws of the
state and the parking ordinances of the City; do not cause public safety problems by contributing
to traffic congestionor by creating pedestrian and vehicularconflicts; and do not disturb the
quiet use and peaceful enjoyment of residential neighborhoods. The regulations in this section
are enacted in accordance with the authority granted in Section 22455 of the California Vehicle
Code and CaliforniaHealth and Safety Code section 114315 et seq.(the “California Retail Food
Code”), as each may be amended.
B. Definitions
1.“Authorizing Person” means a property owner, host, tenant, lessor, or manager of
real property,or an agent thereof, who is responsiblefor authorizing location of a mobile food
facility on the property.
2.“Hosting Permit” means a permit authorizing an AuthorizingPerson to host a mobile
food facility on their premises.
3.“Mobile food facility” A large vehicle equipped to cook and sell food as a mobile
kitchen, and as defined in California Health and Safety Code section 113831, as may be
amended, and also means a vehicle that operates as a food facility from which food is sold or
distributed at retail.
a.“Mobile food facility” does not include a “transporter” used to transport
packaged food from a facility, or other approved source, to the consumer.
b.“Mobile food facility” does not include ice cream trucksthat sells pre-made,
prepared, or prepackagedproducts,orunpreparedfood vending vehicles,
which are defined inSection 8.20.010of the MunicipalCode, or vehicles that
deliver prepared food tosubscribers.
4.“Responsible Party” is defined in Section 1.04.010 of this Municipal Code, and for
purposes of this Section, also includes Authorizing Persons and Vendors.
5.The terms “street,” “highway,” and “vehicle” have the same definition as in the
California Vehicle Code, as may be amended.
6.“Trailer” means an unpowered vehicle towed by another vehicle.
7.“Vending Permit” means a permit allowing a Vendor to operate a mobile food facility
on private and public property, and in the public right-of-way.
7. “Vendor” means a person who owns, leases, manages or vends from amobile food
facility.
C. Mobile food facilities –License tax required
SECOND READING AND ADOPTION
Every person conducting, managing or operating a mobile food facility shall pay a tax as
presently designated, or as may be amendedin the future, pursuant to Master Tax Schedule
Section CVMC 5.07.030. The license obtained by payment of the license tax shall identify the
particular vehicle to be used and shall be kept onthe vehicle, available for inspection at all times.
D. Mobile food facilities on private, public, and Cityproperty
Mobile food facilities may operate on nonresidentialand residentialprivate property with
prior written consent of an AuthorizingPerson. Mobile food facilities may operate on City
property with the prior written consent of the City Manager or designee, and may alsooperate on
public streets and highways. Allmobile food facilities, regardless of vending location,are
subject to the Vending Permit requirements and the regulations set forth herein, as well as other
applicable provisions of theMunicipal Code, California law and federal law.
1.Mobile food facilitiesmay operate as an accessory or ancillary use in all agricultural,
mixed use, commercial and industrial zones, and similar zones for all Sectional
PlanningArea(SPA) Plans and Specific Plans upon issuance of a Vending Permit by
the City Manageror designee, except where prohibited in thisMunicipalCode.
2.Mobile food facilities mayoperate at multiplenonresidentialsites with a valid annual
Vending Permitfor each site, and written permission by an AuthorizingPerson
representing property or business ownership,inpossession of a HostingPermit,
wherethe mobile food facility operates.
3. Mobile food facilities may not operate in residential zones, except:
a) Pursuant to a block party permit issued by the City; or
b) When an Authorizing Person has invited a mobile food facility onto the
premises of a college, school, religious institution, construction site,or other
private propertyin a residential zone, whenprovidingfood service to patrons
on such premisesexclusively.
4.Mobile food facilities are prohibited from vending on vacant lots or gas service
stations, and shall not be the primary use on any lot.
E. Private Catering
Mobile food facilities may operate as a private food and beverage caterer with a Vending Permit
under the following conditions:
1.The mobile food facility shall be parked entirely on private property.
2.Service shall be limited to guests of the event host; no walk-up customers are
permitted.
SECOND READING AND ADOPTION
3.Payment transactions shall occur between the event host and the Vendoronly.
F. Hosting Permit requirements
1. An Authorizing Person wanting to host mobile food facilities on their property shall
obtain an annualHosting Permit prior to allowing mobile food facility Vendors on their
premises.
2.Payment of a fee is required for an annualHostingPermit. The permit fee shall be as
set forth in the Master Fee Schedule of the City adopted by resolution by the City Council. The
City Manager shall from time to time recommend such fees to the City Council that reflect an
amount to equal but not to exceed the reasonable costs of administration of the program.
G. Vending Permit requirements
1.All mobile food facility Vendors shall obtain an annual Vending Permit before
offering food or beverages for sale at each location in the City.
2. Payment of a fee is required for an annual Vending Permit. The permit fee shall be as
set forth in the Master Fee Schedule of the City adopted by resolution by the City Council. The
City Manager shall from time to time recommend such fees to the City Council that reflect an
amount to equal but not to exceed the reasonable costs of administration of the program.
3. The following shall be submitted with each application for a mobile food facility
Vending Permitandwhen a Vending Permit is issued, the Vendor shall maintain the following
during the permit year,andshall present theVending Permit and any of the following,upon
request,to a police officer, code enforcement officer, or any other person designated by the City
to enforcethis Municipal Code section:
a.A business tax certificate (license) to operate in Chula Vista; a separate
business license is required for each mobile food facility.
b.A valid driver’s license for each mobile food facility driver.
c.Proof of commercial vehicle insurance for each mobile food facility.
d.A commissary agreement for each mobile food facilitytopark, clean,and
obtain supplies from a commissary that provides these services; except
trailers.
e.A health permit issued by the San Diego County Department of
Environmental Health for eachmobile food facility.
f.When vending on nonresidential private property either pursuant to a special
event permit or a Vending Permit, a written agreement with an Authorizing
SECOND READING AND ADOPTION
Person authorizing the Vendor to operate a mobile food facility on the
property, including days and hours of operation.
g.When vending on private property for more than a one-hour period, a written
agreement with an Authorizing Person authorizing mobile food facility
employees to use toilet and handwashing facilities onsite; portable toilets and
portable handwashing do not satisfy this requirement.
h.When vending on public property or City property, an agreement to indemnify
and hold harmless the City, on a form provided by the City, and a certificate
of insurance naming the City of Chula Vista as an additional insured in an
amount and mannerdeterminedby Cityat City’s sole discretion.
4. A Vending Permit is non-transferrable.
H. Mobile food facility regulations
Vendors and Authorizing Persons are required to ensure that all mobile food facilities comply
with the following regulations:
1.Only food and beverages regulated by the California Retail Food Codeshall be offered
for sale or distribution.
2.Litter generated by the mobile food facility Vendor or customers shall be picked up
within a 25 foot radius of the mobile food facility before the mobile food facilityleaves the
vending location.
3.A trash receptacle and a separate recycling receptacle shall be provided for use by
employees and customers; the Vendor shall remove trash and recycling receptaclesbefore
leaving the vending site.
4.Advertisingshall be limited to A-frames entirely on the premises only, or advertisingon
or in themobile food facility.
5.Lighting shall be provided during hours of darkness to ensure customer safety.Lighting
shall not create glare and shall be directed downward andawayfromadjacent properties.
6.A mobile food facility shall be operated only on a paved level area. A paved level area
means an area having a surface comprised of Decomposed Granite (DG), Asphalt/Concrete
(A/C), or Concrete with a cross fall not greater that 2.0 percent.
7.The Vending Permit shall be displayed in a place on the mobile food facility visible from
outside.
8.Mobile food facilities shall be entirely self-sufficient in regards to gas, electricity, water
and telecommunications.
SECOND READING AND ADOPTION
9.Allother applicable provisions of the Municipal Codeand state and federal laws that
regulate mobile food facilitiesand commercial vehicle operations on public or private property
and all traffic, parking and motor vehicle lawsshall be followed.
I. Mobile food facility prohibitions
Vendors and Authorizing Persons are requiredto ensure that allmobile food facilities,except for
mobile foodfacilitiesoperating as part of a special event for which a special event permit has
been issued by the City, shall comply withthe following prohibitions:
1. No alcoholic beverages or tobacco products shall be served or sold.
2. Music or other noise shall not exceed the limits set bytheprovisions of Municipal
Code section 19.68, Performance Standards and Noise Control.
3. All associated equipment and operations shall be self-contained withinmobile food
facilities. A condiment table and four belly bars of uniform size, eight chairs, and one10’ x 10’
pop-up canopy are allowed adjacent to the mobile food facility. The following items, which
shall include,but not be limited to: detached benches; heaters; generators; and exterior electrical
cords; exterior hosesand tents; are prohibited.
4. An awning that does not exceed the square footage of the mobile food facilityand that
is attached,and fully supported by the mobile food facilityis allowed. Such awnings shall not be
tied to traffic signals, light standards, sign poles, parking meters, newspaper racks, bus stops,
benches, trash receptacles or othersimilarfixed objects.
5. When a mobile food facilityis located within 500 feet of a residential zone,
operations, including set up and tear down,are allowed only between 7:00a.m. and 10:00p.m.
weekdays and between 8:00a.m. and 10:00p.m. weekends.
6. A mobile food facilityshall not be parkedso that it:a) restrictssight distances at
driveways and intersections;orb) interfereswith the free flow of pedestrian or vehicle
circulation andtraffic, including but not limited to access to or egress from anybusiness, public
building, or dwelling unit.
7. A mobile food facilitymay not be operatedin such a way as to occupy more than 25
percent of paved area on the property upon which it is located.
8. The maximum number of mobile food facilitiespermitted on a site is determined as
follows:
a.One mobile food facility may operate on the site for every 525 square feet of
paved area (at least 35 feet by 15 feet in dimension) available for vending
activity, except that mobile food facilitiesgreater than 30 feet in length
require a space at least 70 feet by 15 feet.
SECOND READING AND ADOPTION
b.Mobile food facility vending activity ata private parking lot shall not impact
on-site parking or reduce the number of parking spaces required for on-site
uses whilethose uses are in operation.
9. Mobile food facilities shall not be located within 30 feet of an intersection when
parked on a street or highway, sales shall be from the curbside only-except when parked in
diagonal spaces -and pedestrian or vehicular circulationon the street, sidewalk, or parkwayshall
not be obstructed.
10.No person shall stop or park a mobile food facilityon a public street within 500 feet
of any school property boundary in the City of Chula Vista between the hours of 7:00 a.m. and
5:00 p.m. on regular school days. For purposes of this provision, “school” means all public or
private schools in which instruction is given through grade 12 or in any one or more of such
grades.
J. Exceptionsto mobile food facility prohibitions
The prohibitionsin SubsectionI.3 shall not apply to a mobile food facilityoperatingentirely on
private propertythat is not open to the general public, is closed to walk-up sales to the general
public, and is available for sales or service only to guests, customers or employeesand is
operating pursuant to a special event permit.
K. Vending Permit issuance
The City Manager or designeeshall approve and issue a Vending Permit if all applicable sections
of this Chapter are satisfied and required feesare paid. The permit is effective on the date of
issuance,and is effective for one year or until the expiration of a valid business license,
whichever comes first. A permit shall not be issuedfor a location where an enforcement action
for Code violations or unlawful activity is pending.
L. Hosting Permit issuance
The City Manager or designee shall approve and issue a Hosting Permit if all applicable sections
of this Chapter are satisfied and required fees are paid. The permit is effective on the date of
issuance, and is effective for one year or until the expiration of a valid business license,
whichever comes first. A permit shall not be issued for a location where an enforcement action
for Code violations or unlawful activity is pending.
M. Enforcementof violations; appealof Vending Permit denial or revocation
Violation of any provision of this Chapter is subject to enforcement pursuant to the provisions of
Chapter 1.20 through 1.41 of thisMunicipal Code. For purposes of enforcement of this Section,
a Responsible Party, as defined in Section 1.04.010 of this Municipal Code,also includes
Vendors and Authorizing Persons. Denial or revocation of a Vending Permit may be appealed
pursuant to Chapter 1.40 of thisMunicipal Code. If a Vendor or Authorized Person is cited for
three violations within one year, no Vending Permit or Hosting Permit shall be granted the
SECOND READING AND ADOPTION
following year. The Vendor or AuthorizingPerson may apply for a permit two yearsafter the
last violation.
Section II.
Chapter 5.62
VENDING VEHICLES–NON-FOODGOODS
Sections:
5.62.010 Vending vehicles –License tax required.
5.62.020 Vending vehicles –Parking and stopping regulations.
5.62.010 Vending vehicles –License tax required.
Every person conducting, managing or operating a business in which vending vehicles are used,
from which any goods other thanfoodstuffs are sold, given away, displayed or offered for sale at
retail, shall pay a license tax presently designated, or as may be amended in the future, in Section
5.62.010,ofthe master tax schedule in CVMC 5.07.030. The license shall identify the particular
vehicle to be used and shall be kept on the vehicle, available for inspection at all times. (Ord.
2408 § 1, 1990; Ord. 2081 § 1, 1984; Ord. 1801 § 13, 1978).
5.62.020 Vending vehicles –Parking and stopping regulations.
No person shall stop or park a vending vehicle on a public thoroughfare for the purpose of
selling, giving away, displaying or offering for sale any non-food goods, except for a period of
time sufficient to consummate an immediate sale or sales. No person shall stop, park or cause
any vending vehicle to remain on any public property, except pursuant to the order of a lawful
authority or for the purpose of making emergency repairs to the vehicle; in no event shall any
person sell or give away any non-food goodsfrom a vending vehicle while on any public
property. No person shall stop, park or cause a vending vehicle to remain on any private property
for the purpose of selling, giving away, displaying or offering for sale any non-food goodsto any
person other than the owner of such property or his agents, customers or employees. (Ord. 1884
§ 1, 1979).
Section III.
Chapter 8.20
FOOD VENDORS*
Sections:
8.20.010Vending vehicles –Definitions.
8.20.015Vending vehicles –Mobile food facility.
8.20.020 Vending vehicles –For prepared, or prepackaged, and unpreparedfoodstuffs, including
but not limited to, frozen desserts, drinks,ice cream,fruits, vegetables, meat, seafood,
and poultry–License tax required.
8.20.025Vending vehicles –Restrictions near school facilities.
8.20.030Vending vehicles –Parking and stopping regulations.
8.20.040 Vending vehicles –Compliance with certain regulations required.
8.20.050 Vending vehicles –Refrigeration required.
8.20.060 Vending vehicles –Identification to be displayed.
SECOND READING AND ADOPTION
8.20.070 Vending vehicles –Cleanliness required –Inspection –Certification.
8.20.075 Letter grades for vending vehicles.
8.20.080 Vending vehicles –For unprepared food –Regulations.
8.20.090Vending vehicles –For prepared food –Regulations.
8.20.100 Vending vehicles –Limitations on use.
8.20.110Vending machines –Operator defined.
8.20.120Vending machines –Permit required –Operator responsibilities.
8.20.130Vending machines –Permit required for service vehicle.
8.20.140Vending machines –Location restrictions –Approval required.
8.20.150Vending machines –Service room required.
8.20.160Vending machines –Cleaning and sanitizing generally.
8.20.170Vending machines –Outside and other equipment to be cleaned.
8.20.180Vending machines –For cold carbonated beverages –Cleaning requirements.
8.20.190 Vending machines –For milk products –Cleaning and sanitizing requirements.
8.20.200Vending machines –Refilling regulations.
*For authority for cities to license businesses for purposes of revenue and regulation, see Gov.
Code § 37101; for statutory provisions authorizing cities to enforce state laws on food handling
sanitation, see Health and Safety. Code § 28690.
8.20.010 Vending vehicles –Definitions.
Whenever in this chapter the following terms are used, they shall have the meanings respectively
ascribed to them in this section:
A. “Prepared food vending vehicle” means a food vending vehicle from which any food or
beverage product is sold, given away,displayed or offered for sale, at retail, other than an
unprepared food vending vehicle, catering truck, bakery truck, or ice cream or ice cream product
truck.
B. “Unprepared food vending vehicle” means a food vending vehicle from which is sold, given
away, displayed or offered for sale, at retail, any raw or unprepared food or food product
including, but not limited to, fruits, vegetables, produce, meats, fish, poultry or seafood.
C. A vending vehicle may have more than one designation pursuant to this section. A vehicle
with multiple designations must comply with all applicable provisions of this chapter and state
law. (Ord. 2120 § 1, 1985; Ord. 855 § 2, 1963; prior code § 15.60).
8.20.015 Mobile food facility –A large vehicle equipped to cook and sell food as a mobile
kitchen, and as defined in California Health and Safety Code section 113831, as may be
amended, and also means a vehicle that operates as a food facility from which food is sold or
distributed at retail, and is not a vending vehicle for purposes of Chapter 8.20, and as regulated in
CVMC 19.58.440.
8.20.020 Vending vehicles –For preparedorprepackaged,and unprepared foodstuffs, including
but not limited to, frozen desserts, drinks,ice cream, fruits, vegetables, meat, seafood, and
poultry–License tax required.
SECOND READING AND ADOPTION
Every person conducting, managing or operating a business in which carts, wagons or vending
vehicles for preparedorprepackaged, and unpreparedfoodstuffs, including ice cream, are used
shall pay a tax as presently designated, or as may in the future be amended, in Section 8.20.020
of the master tax schedule in CVMC 5.07.030. The license shall identify the particular vehicle to
be used and shall be kept on the vehicle, available for inspection at all times. (Ord. 2408 § 1,
1990;Ord. 2081 § 1, 1984; prior code § 18.57).
8.20.025 Vending vehicles –Restrictions near school facilities.
A. No person shall stop or park a food vending vehicle on a public street within 500 feet of any
school property boundary in the City of Chula Vista between the hours of 7:00 a.m. and 5:00
p.m. on regular school days.
B. “School” means all public or private schools in which instruction is given through grade 12 or
in any one or more of such grades. (Ord. 2729 § 1, 1998; Ord. 2122, 1985).
8.20.030 Vending vehicles –Parking and stopping regulations.
No person shall stop or park a food vending vehicle on a public thoroughfare for the purpose of
selling, giving away, displaying or offering for sale any food or beverage product except for a
period of time sufficient to consummate an immediate sale or sales. No person shall stop, park or
cause any food vending vehicle to remain on any public property except pursuant to the order of
a lawful authority or for the purpose of making emergency repairs to the vehicle; in no event
shall any person sell or give away any food or beverage product from a food vending vehicle
while on any public property. No person shall stop, park or cause a food vending vehicle to
remain on any private property for the purpose of selling, giving away, displaying or offering for
sale any food or beverage product to any person other than the owner of such property or his
agents, customers or employees. (Ord. 855 § 2, 1963; prior code § 15.61).
8.20.040 Vending vehicles –Compliance with certain regulations required.
Food vending vehicles shall comply with all provisions of this code and other ordinances of the
city regulating food vending establishments, insofar as such regulations are applicable to vending
vehicles and the operation thereof. (Ord. 855 § 2, 1963; prior code § 15.62).
8.20.050 Vending vehicles –Refrigeration required.
No person shall operate, or cause to be operated, a food vending vehicle unless it is furnished
with mechanical refrigeration equipment, in good working order, sufficient to maintain
perishable food and beverage products at a temperature not in excess of 50 degrees Fahrenheit.
Refrigeration compartments shall be kept clean, shall be constructed of tile, metal or other
approved material, and shall have no seams or cracks. Food storage containers shall have no
open seams. (Ord. 954 § 2, 1965; Ord. 855 § 2, 1963; prior code § 15.63).
8.20.060 Vending vehicles –Identification to be displayed.
The exterior of each vending vehicle shall display, in lettering atleast three inches in height, the
name, address and telephone number of the owner. A distinctive identifying number or symbol
assigned by the County of San Diego Department of Environmental Health shall be displayed on
the windshield of each vending vehicle. (Ord. 954 § 2, 1965; Ord. 855 § 2, 1963; prior code §
15.64).
SECOND READING AND ADOPTION
8.20.070 Vending vehicles –Cleanliness required –Inspection –Certification.
The interior and the exterior of every food vending vehicle and all equipment therein shall have
smooth, washable surfaces and shall be maintained in good repair and in a sanitary manner. Each
vending vehicle shall be inspected at least semi-annually by ahealth officer. Vending vehicles
shall be loaded and ready for operation at the time of inspection. A certificate of inspection, valid
for six months, shall be issued to vending vehicles conforming to the requirements of this code.
The certificate of inspection shall specify the food products which may be sold. (Ord. 954 § 2,
1965; Ord. 855 § 2, 1963; prior code §15.65).
8.20.075 Letter grades for vending vehicles.
A. San Diego County Code of Regulatory Ordinances. The provisions of the San Diego County
Code of Regulatory Ordinances concerning permanent and mobile food facilities, at Title 6,
Division 1 of the County Code, are incorporated into this code by reference and shall also be
applicable to “vending vehicles,” as defined in CVMC 8.20.010.
B. Fee. All persons and businesses required to obtain a health-related permit or related service
from the County of San Diego Department of Environmental Health pursuant to this code shall
pay the County the fee established in the County Code for that permit or service, including
delinquent payment fees. (Ord. 3243 § 1, 2012).
8.20.080 Vending vehicles –For unprepared food –Regulations.
No person shall operate or cause to be operated an unprepared food vending vehicle without
complying with all of the following regulations:
A. All tools, implements and receptacles shall be kept in a clean and sanitary condition.
B. Sufficient fly-tight containers, of metal or some other approved substance, shall be provided
for the disposal of trimmings and refuse and shall be emptied and washed daily.
C. No fish, poultry or other animal shall be cleaned in a food vending vehicle, or shall the
entrails of any fish, poultry or other animal be there removed. No fish, poultry, meat or meat
products shall be cut, processed or otherwise prepared in a food vending vehicle.
D. Scales and other weighing devices shall be protected from dust, dirt, flies and other vermin
and contaminants.
E. Every unprepared food vending vehicle shall be inspected at least semi-annually on dates
scheduled by ahealth officer, or more often if ahealth officer so requires. The vending vehicle
shall be fully loaded and ready for operation at the time of such inspection. Ahealth officer shall
issue a certificate of inspection if his inspection discloses that the vehicle conforms to the
requirements of this code. The certificate shall expire six months from and after the date of its
issue, and shall specify the particular food and beverage products authorized to be sold or
otherwise distributed from the vehicle. (Ord. 855 § 2, 1963; prior code § 15.66).
8.20.090 Vending vehicles –For prepared food –Regulations.
SECOND READING AND ADOPTION
No person shall operate or cause to be operated a prepared food vending vehicle without
complying with all of the following requirements:
A. Every owner or operator of vending vehicles shall have a service room or other sanitary
location approved by the County of San Diego Department of Environmental Health for the
preparation of food sold from vending vehicles. Only food prepared in the service room or other
approved location shall be sold from a vending vehicle. Service rooms or other approved
locations shall comply with regulations for food handling establishments.
B. No hot prepared food, except coffee, tea or packaged cocoa, shall be served from a vending
vehicle unless the equipment used to prepare such food is approved by the director of public
health.
C. Except as provided in subsection (D) of this section, no perishable food shall be sold from a
vending vehicle more than 24 hours after preparation.
D. If the County of San Diego Department of Environmental Healthcertifies that an owner or
operatorof vending vehicles continuously maintains all perishable food intended for sale from a
vending vehicle at a temperature of not more than 50 degrees Fahrenheit from the time of
preparation until service to the consumer, such food may be sold for a period not exceeding 72
hours after preparation.
E. All perishable food shall show the date of preparation.
F. Vending vehicles shall dispense only single-service disposable cups, plates, forks and spoons.
(Ord. 954 § 2, 1965; Ord. 855 § 2, 1963; prior code § 15.67).
8.20.100 Vending vehicles –Limitations on use.
Food vending vehicles shall be used for no purpose other than those purposes permitted by this
chapter, unless ahealth officer has approved in writing some other proposed use of such vehicle.
(Ord. 855 § 2, 1963; prior code § 15.68).
8.20.110Vending machines –Operator defined.
“Operator” means the person who furnishes, installs and services the vending machine. (Ord. 855
§ 2, 1963; prior code § 15.71).
8.20.120Vending machines –Permit required –Operator responsibilities.
No operator shall maintain, conduct, manage or operate any vending machine unless a permit for
such machine has been issued by ahealth officer and unless such permit is valid and unexpired.
The applicant for a permit shall designate in writing the products to be vended, and permits shall
be valid only for those products listed on the permit. Unless it appears to ahealth officer that the
vending machine will at all times be maintained in a clean and sanitary condition, and that all
products of the machine will reach the consumer in a clean and wholesome condition, he shall
deny the application for the permit. If the permit is granted, the operator shall be responsible for
the proper operation and maintenance of the vending machine and for complying with the
requirements of this division and of state laws and regulations in connection therewith. The name
SECOND READING AND ADOPTION
and address of the operator shall be posted conspicuously on the vending machine. (Ord. 855 § 2,
1963; prior code § 15.70).
8.20.130 Vending machines –Permit required for service vehicle.
No operator shall use a vehicle to service vending machines, or allow such use, unless ahealth
officer has issued a permit for such vehicle. (Ord. 855 § 2, 1963; prior code § 15.72).
8.20.140Vending machines –Location restrictions –Approval required.
The operator shall furnish ahealth officer with the location of any vending machine installed,
sufficiently soon so that within 72 hours subsequent to such installation ahealth officer may
inspect the vending machine and the location. If the location of the machine is not approved by a
health officer, the vending machine shall be removed immediately and not operated until the
location thereof is rendered acceptable. Each vending machine shallbe located so that sanitary
facilities, fixtures and receptacles for emptying waste containers and for performing required
sanitation are readily accessible. The area around the vending machine shall be maintained clean
and free of accumulated paper cups and wrappers, spillage, and other waste material and trash.
Approved trash receptacles shall be provided by the machine operator, proximate to vending
machines, whenever required by ahealth officer. (Ord. 855 § 2, 1963; prior code § 15.73).
8.20.150Vending machines –Service room required.
All operators shall establish within the City a service room or rooms, which shall be used only
for cleaning, storing and maintaining vending machines, supplies and sanitized parts. All
cleaning and sanitizing of vending machine parts which come in contact with food, food
products or liquids dispensed by a vending machine shall be done in the service room previously
approved by ahealth officer. The service room shall meet all the requirements of this title
relative tofood handling establishments. (Ord. 855 § 2, 1963; prior code § 15.74).
8.20.160Vending machines –Cleaning and sanitizing generally.
Vending machines dispensing liquids shall be cleaned not less frequently than three times each
week, and machines dispensing unwrapped nonliquid food products shall be cleaned not less
frequently than once each month, except as hereinafter noted in the manner set forth in CVMC
8.20.170 through 8.20.200. (Ord. 855 § 2, 1963; prior code § 15.75).
8.20.170Vending machines –Outside and other equipment to be cleaned.
The following general regulations apply to all vending machines. The operator shall clean the
outside of the machine, and any vending stage, door, chute, drip plate and waste can. Used cup
and trash containers shall be emptied and cleaned. Parts shall be wiped with a cleaned moist
cloth which has been dipped in a solution containing not less than 200 parts of active chlorine
per million parts, or in some such other approved sanitizing agent or material. (Ord. 855 § 2,
1963; prior code § 16.76(A)).
8.20.180Vending machines –For cold carbonated beverages –Cleaning requirements.
In addition to the servicing required by the general regulations, machines dispensing cold
carbonated beverages shall be serviced as follows: Not less frequently than once each 60 days,
all contact parts of the machine shall be cleaned by removing, washing and disinfecting all tanks,
valves, faucets, pipe lines and water filters. Interior water filter and conditioning elements shall
SECOND READING AND ADOPTION
be taken to the service room for servicing; properly sanitized replacements may be transported
under sanitary conditions from the service room and installed while the other water filter and
conditioning elements are being serviced. Water filters and water conditioning devices shall be
of a type which permits periodic cleaning and replacement. (Ord. 855 § 2, 1963; prior code §
15.75(B)).
8.20.190Vending machines –For milk products –Cleaning and sanitizing requirements.
In addition to the servicing required bythe general regulations, machines dispensing milk and
milk products shall be serviced as follows: Fluid milk or cream shall be removed from the
machine and discarded daily, and fresh products added. Canned evaporated milk may be
dispensed for 72 hours before discarding; provided, that throughout this period the temperature
of such milk is maintained at not more than 50 degrees Fahrenheit. All parts and appurtenances
of vending machines that come in contact with fluid milk or milk products shall be removed
daily and cleaned and sanitized. Vending machines that dispense nonliquid milk or nonliquid
cream products shall be sanitized not less frequently than three times each week. (Ord. 855 § 2,
1963; prior code § 15.75(C)).
8.20.200Vending machines –Refilling regulations.
Vending machines, in locations for which ahealth officer has not issued a food handling
establishment permit, shall be refilled only by substituting for the empty container one which
was cleaned, sanitized and filled in the service room. The emptied container shall be transported
to the service room for cleaning and sanitizing. (Ord. 855 § 2, 1963; prior code § 15.75(D)).
Section IV.
Chapter 10.52
STOPPING, STANDING AND PARKING*
10.52.200 Peddlers and vendors –Parking permitted when –Time limit.
Except as otherwise provided in this chapter, no person shall stand or park any vehicle, wagon or
pushcart from which goods, wares, merchandise, fruits, vegetables, meats, seafood,or foodstuffs
are sold, displayed, solicited or offered for sale or bartered or exchanged, or any lunch wagon or
eating car or vehicle, on any portion of any street within theCity, except that such vehicles,
wagons or pushcarts may stand or park only at the request of a bona fide purchaser for a period
of time not toexceed tenminutes at any one place. The provisions of this section shall not apply
to persons delivering such articles upon order of, or by agreement with, a customer from a store
or other fixed place of business or distribution, or a mobile food facility as defined in Section
19.58.440 of this Municipal Code. (Ord. 973 § 1, 1966; prior code § 19.10.15(A)).
Section V.
Chapter 5.07
MASTER TAX SCHEDULE
The following is hereby added to the matrix of Section 5.07.030 Master Tax Schedule of the
CVMC:
Section:
SECOND READING AND ADOPTION
5.07.030 Master tax schedule.
19.58.440Mobile Food Facilities$200.00/year/vehicle
Section VI.Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceableor unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section VII. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section VIII. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section VIX. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by:Approved as to form by:
_________________________________________________________________________
Kelly Broughton, FSLAGlen R. Googins
Development Services DirectorCity Attorney
July 24, 2018 File ID: 18-0274
18-0333
TITLE
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND NORTH C.V. WATERFRONT L.P. FOR THE DEVELOPMENT OF
APPROXIMATELY 33 ACRES OF LAND LOCATED IN THE HARBOR DISTRICT OF THE CHULA VISTA
BAYFRONT MASTER PLAN AREA (SECONDREADINGAND ADOPTION)
RECOMMENDED ACTION
Council place the ordinance on first reading.
SUMMARY
North C.V. Waterfront L.P. (Applicant or Developer) has requested that the City enter into a
Development Agreement for the development of approximately 33 acres of land located in the Harbor
District of the Chula Vista Bayfront Master Plan Area (Property). TheProperty is currently undeveloped,
but has been approved by the City for the development of up to 1,500 residential units with 15,000 square
feet of ground floor retail, a 250-room hotel, and 420,000 square feet of commercial, office, and retail uses
(Project).
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed activity for compliance with the California
Environmental Quality Act (CEQA) and has determined that the activity was covered in previously certified
Environmental Impact Report UPD#83356-EIR-658/SCH#2005081077. Thus, no additional
environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
On July 11, 2018, the Planning Commission took action and voted 4-0to approve Resolution PCM18-01
recommendingthat the City Council approve the proposed Development Agreement.
DISCUSSION
1.Location, Existing Site Characteristics, and Ownership
The Property is located in the Harbor District of the Chula Vista Bayfront Master Plan area of the City. The
proposed Development Agreement is limited to the approximately 33 acres owned by North C.V.
Waterfront L.P. (see Attachment 1, Locator Map).
Page|1
2.Project Description
The Project has been approved by the City for the development of up to 1,500 residential units with 15,000
square feet of ground floor retail, a 250-room hotel, and 420,000 square feet of commercial, office, and
retail uses.
3.Proposed Development Agreement
State and City Requirements for Development Agreements
California Government Code section 65864 etseq. authorizes cities to enter into a development agreement
with any person having a legal or equitable interest in real property for the development of the property. A
development agreement is a contract negotiated between the project proponent and thepublic agency that
specifies certain mutual benefits negotiated for a particular project and vests, subject to certain conditions
in the agreement, the rights of the project applicant to develop the property under current land use
regulations for a specified term.
Through City Resolution No. 11933 (adopted in 1985), the City Council has determined that development
of large projects within the City create unique and complex development considerations and that, in
addition to the minimum requirements for development agreements contained in the Government Code,
additional procedures and requirements for the consideration of development agreements shall be
contained within each individual agreement. The Development Agreement presented here includes the
requirements for development agreements contained in the Government Code, as well as additional
procedures and requirements designed to address the unique and complex development considerations
presented by the Project.
The following discussion summarizes themajor benefits of the proposed Development Agreement
(Attachment 2) to both the City and the Applicant, and describes the fundamental terms of the agreement.
Public Benefits
Beyond the benefits of developing this catalyst Project that will anchor and encourage future investment in
the Chula Vista Bayfront Master Plan area, the Development Agreement commits the Developer to
providing the following public benefits:
Developer agrees to commence construction of improvements (public or private) for the Project
prior to December 31, 2022, even if the nearby Bayfront Resort Hotel and Convention Center
project has not commenced construction prior to that date.
Developer agrees that the quality of building materials and landscaping for the Project will exceed
thebuilding materials and landscaping included in the Projects approvals. Developer also commits
to use its best efforts to obtain a luxury brand name for the residential component of the Project.
Page|2
Developer agrees to pay the City the sum of one million dollars ($1,000,000) towards the purchase
of a new fire engine. This payment will be made prior to the issuance of the certificate of occupancy
for the first phase of the residential component of the Project.
Developer agrees to pay the City the sum of five hundred thousand dollars ($500,000) towards the
purchase of a new fire ladder truck. This payment will be made prior to the issuance of a certificate
of occupancy for the third phase of the residential component of the Project.
The Developer will construct significant public infrastructure at the beginning of the 20-year build
out of the project, representing a substantial financial commitment and benefit to the City.
In addition to the above commitments, the Developer has already provided the following benefits:
Developer agreed to voluntarily postpone processing entitlements for the original 97 acres of land
that it owned in order to allow the City and the San Diego Unified Port District (Port District) to
engage in a comprehensive planning process for the entire Chula Vista Bayfront.
Developer agreed to a land swap of 97 acres of land in exchange for the Property in order to
preserve sensitive environmental habitat and respond to the concerns and planning objectives of
the City, the Port District, the community, and numerous environmental groups (the Land
Exchange Agreement). In addition to an investment in community outreach, Developer has
contributed $3 million to the Port District as part of the Land Exchange Agreement.
Developer agreed to contribute funds to support specific public benefit projects and activities,
including: natural resources; affordable housing; sustainability and livability; and community
impacts and culture. Funds to be contributed include:
o 0.5% of all gross residential sales will be contributed to the Port District;
o 0.5% of all residential resales within the first 7 years of the initial sale of a unit will be
contributed to the Community Benefits Foundation, an endowment establishedwith the
San Diego Foundationfor this purpose; and
o$2,000 for each hotel room developed will also be contributed to the Community
Benefits Foundation.
Developer worked extensively with the members of the community, environmental organizations,
and representatives of labor unions to obtain support for the land swap and the Project.
Developer provided funding in the amount of $1.4 million to acquire approximately two (2) acres of
land on which a fire station will be located to provide fire and rescue services for the entire Chula
Vista Bayfront. At the time the land became available for purchase, the City did not have funds
available to acquire the land. Once funds were available, Developer sold the land to the City for the
amount it paid for the land, foregoing any profit on the purchase and sale of the land.
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Benefits to the Developer
Predictability in the development approval process by vesting the permitted uses, density, intensity
of use, and timing and phasing of development consistent with the land use regulations in effect on
the approval date, including the General Plan, Local Coastal Permit, and MSCP Subarea Plan, for up
to twenty (20) years.
The retention of the Propertys designation as a Primarily Underdeveloped Area for purposes of
the Citys Balanced Communities Policy (CBC Policy) and Citys agreement to grant the Project a
variance from the CBC Policy. This variance will allow the Transient Occupancy Tax (TOT) revenue
generated by the short-term rental of the Projects residential units to satisfy the CBC requirements,
so long as three million dollars ($3,000,000) is received by the City by the end of Year 10 of the
Development Agreement. If insufficient funds are generated by the end of Year 10, Developer will
pay the difference within ninety (90) calendar days. Upon receipt, the City will commit the funds to
further the goals of the CBC Policy. There will be no restriction on TOT revenues generated after
Year 10 and there will be no restriction on use of TOT revenues generated by the Projects planned
250-room hotel.
The available balance of credits against the Developers Bayfront Development Impact Fee (BFDIF)
or Traffic Signal Fee obligation (as established through the installation of eligible facilities) will be
st
annually adjusted each October 1, at the samerate that the subject fee program is adjusted.
Developer will receive notice of any planned update to the 2014 BFDIF nexus study upon City
initiation. City will also provide at least sixty (60) days advance notice of any public hearing at
which the CityCouncil will consider amending the BFDIF program.
City agrees to add construction of a monument for the J Street entrance (the J Street Gateway
Project) to the BFDIF program in the next update.
Developer has the option to request formation of a Community Facilities District (CFD) to finance
the acquisition and construction of eligible public facilities. The City agrees to use reasonable
efforts to initiate and diligently pursue proceedings to establish the CFD.
City agrees to present the undergrounding of the remaining overhead utility lines within the Otay
District and the Harbor District as a priority in any future requests for Rule 20A funds.
Other Terms of the Agreement
The Development Agreement contains the following additional major points:
The term of the Development Agreement, all subdivision maps, parcel maps, and other
development approvals will be twenty (20) years.
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For the Term of the Development Agreement, the Developer shall have the vested right to develop
the property pursuant to the Tentative Map, Development Agreement, and existing land use laws,
regulations and policies.
The Development Agreement may be amended from time to time by the mutual written consent of
the City and Developer and the Owner of any affected portion of theproperty.
The Development Agreement shall run with the land and benefit and bind future owners should the
Developer sell or transfer ownership.
DECISION-MAKER CONFLICT
Staff has reviewed the propertyholdings of the City Council members and has found noproperty holdings
within 500 feet of the boundaries of the property which is the subject ofthis action. Consequently, this
item does not present a disqualifying real property-related financialconflict ofinterest under California
Code of Regulations Title 2, section18702.2(a)(11), for purposes of the Political Reform Act (Cal.Govt
Code§87100,et seq.). Staff is not independently aware, and has not been informed by any City Council
member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The Citys Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community. Approval of the proposed
Development Agreementprovides certainty in the development of revenue generating land uses such as
the Projects planned 250-room hotel and 420,000 square feet of commercial, office, and retail uses,
supporting the Economic Vitality goal. In addition, the proposed Agreement supports the Strong and
Secure Neighborhoods goal by securing the Developers commitment to contribute $1.5 million towards
fire apparatus.
CURRENT-YEAR FISCAL IMPACT
All costs associated with processing the proposed Development Agreement are borne by the Developer,
resulting in no net impact to the General Fund or the Development Services Fund.
ONGOING FISCAL IMPACT
Approval of the Development Agreement supports development of the Project consistent with current
entitlements, including up to 1,500 residential units, 15,000 square feet of ground floor retail, a 250-room
hotel, and 420,000 square feet of commercial, office, and retail uses. In addition, the proposed
Development Agreement secures Developers commitment to contribute $1,000,000 toward the purchase
of a fire engine and an additional $500,000 toward the purchase of a fire ladder truck.
In addition, the Development Agreement clearly recognizes that the short-term rental of the projects 1,500
residential units will be subject to the Citys Transient Occupancy Tax (TOT). For the first 10 years, up to
$3,000,000 of the TOT generated by the short-term rental of the residential units will be dedicated to
meeting the goals of the Citys Balanced Communities Policy. If less than $3,000,000 is generated in the
first 10 years, the Developer will remit the shortfall to the City. All subsequent TOT generated by the short-
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term rental of the residential units will flow to the City as discretionary revenues, as will all TOT revenues
generated by the planned 250-room hotel.
ATTACHMENTS
1.Project Locator Map
2.Proposed Development Agreement
Staff Contact: Tiffany Allen, Assistant Director of Development Services
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ATTACHMENT 1
RECORDED AT REQUEST OF
AND WHEN RECORDED RETURN TO:
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
Attn: City Clerk Fee Exempt Govt Code §6103
(Space
DEVELOPMENT AGREEMENT
Among
THE CITY OF CHULA VISTA,
a California charter city and municipal corporation
and
NORTH C.V. WATERFRONT L.P.,
a California limited partnership
TABLE OF CONTENTS
Page
RECITALS .................................................................................................................................... 1
AGREEMENT ............................................................................................................................... 3
1. DEFINITIONS ................................................................................................................... 3
1.1 Agreement .............................................................................................................. 3
1.2 Approval Date ........................................................................................................ 3
1.3 CBC Policy ............................................................................................................ 4
1.4 CFD ........................................................................................................................ 4
1.5 City ......................................................................................................................... 4
1.6 City Charter ............................................................................................................ 4
1.7 City Council ........................................................................................................... 4
1.8 City Manager ......................................................................................................... 4
1.9 City Municipal Code .............................................................................................. 4
1.10 Day ......................................................................................................................... 4
1.11 Developer ............................................................................................................... 4
1.12 ...................................................................................... 4
1.13 DIFs........................................................................................................................ 4
1.14 Effective Date ........................................................................................................ 4
1.15 RESERVED ........................................................................................................... 4
1.16 Enabling Ordinance ............................................................................................... 4
1.17 Existing Land Use Regulations .............................................................................. 4
1.18 RESERVED ........................................................................................................... 4
1.19 General Plan ........................................................................................................... 5
1.20 RESERVED ........................................................................................................... 5
1.21 J Street Sewer Improvements................................................................................. 5
1.22 J Street Sweep Improvements ................................................................................ 5
1.23 J Street Gateway Monument .................................................................................. 5
1.24 Land Use Regulations ............................................................................................ 5
1.25 LCP ........................................................................................................................ 5
1.26 Mortgagee .............................................................................................................. 5
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TABLE OF CONTENTS
(continued)
Page
1.27 Mello-Roos Act ...................................................................................................... 5
1.28 Parties ..................................................................................................................... 5
1.29 Phase I Project Approvals ...................................................................................... 5
1.30 Port District ............................................................................................................ 6
1.31 Project .................................................................................................................... 6
1.32 Project Approvals................................................................................................... 6
1.33 Property .................................................................................................................. 6
1.34 ............................................... 6
1.35 Section.................................................................................................................... 6
1.36 Subarea Plan........................................................................................................... 6
1.37 Subsequent Land Use Regulations......................................................................... 6
1.38 Subsequent Project Approvals ............................................................................... 7
1.39 Term ....................................................................................................................... 7
1.40 Street Improvements .............................................................................................. 7
2. INTEREST OF DEVELOPER .......................................................................................... 7
3. PUBLIC HEARINGS ........................................................................................................ 7
4. DEVELOPMENT OF THE PROJECT ON THE PROPERTY ........................................ 7
4.1 ...................................................................................... 7
4.2 Governing Land Use Regulations .......................................................................... 7
4.3 Permitted Uses ....................................................................................................... 8
4.4 Density and Intensity; Requirement for Reservation and Dedication of
Land ....................................................................................................................... 8
4.5 Reservation of Authority........................................................................................ 8
4.6 Vested Rights Upon Termination ........................................................................ 10
4.7 Compliance with CEQA ...................................................................................... 10
4.8 Timing of Development ....................................................................................... 10
4.9 Conditions, Covenants and Restrictions .............................................................. 11
4.10 Balanced Communities ........................................................................................ 11
4.11 J Street Sewer Improvements............................................................................... 11
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TABLE OF CONTENTS
(continued)
Page
4.12 J Street Pump Station and Force Mains ............................................................... 12
4.13 Reclaimed Water .................................................................................................. 12
4.14 Transportation and Traffic Signal Portion of Development Impact Fees ............ 12
4.15 J Street Gateway Monument ................................................................................ 13
4.16 Recreational Facilities DIF Credit ....................................................................... 13
4.17 Park Acquisition and Development DIF Credit ................................................... 13
4.18 RESERVED ......................................................................................................... 14
4.19 Undergrounding of Overhead Utilities Lines ...................................................... 14
4.20 Future Use of Project Revenues ........................................................................... 14
4.21 Assistance from Other Governments ................................................................... 14
5. .......... 14
5.1 Public Benefits ..................................................................................................... 14
6. TERM AND TERMINATION ........................................................................................ 15
6.1 Term of Agreement .............................................................................................. 15
6.2 Termination .......................................................................................................... 16
6.3 Effect of Termination ........................................................................................... 16
6.4 Release of Obligations With Respect to Individual Lots Upon Certification
of Occupancy ....................................................................................................... 16
6.5 Term of Map(s) and Other Project Approvals ..................................................... 17
7. ANNUAL REVIEW ........................................................................................................ 17
7.1 Timing of Annual Review ................................................................................... 17
7.2 Standards for Annual Review .............................................................................. 17
7.3 Procedures for Annual Review ............................................................................ 18
7.4 Certificate of Compliance .................................................................................... 18
7.5 Failure of Periodic Review .................................................................................. 18
8. THIRD PARTY LITIGATION ....................................................................................... 18
8.1 General Plan Litigation ........................................................................................ 18
8.2 Third Party Litigation Concerning Project or Agreement ................................... 18
8.3 Indemnity ............................................................................................................. 18
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TABLE OF CONTENTS
(continued)
Page
8.4 Environmental Contamination ............................................................................. 19
8.5 City to Approve Counsel; Conduct of Litigation ................................................. 19
8.6 Survival ................................................................................................................ 19
9. DEFAULTS AND REMEDIES ...................................................................................... 19
9.1 Default by Developer ........................................................................................... 19
9.2 Default by City ..................................................................................................... 20
9.3 Notice and Termination ....................................................................................... 20
9.4 Default Remedies ................................................................................................. 20
9.5 ............................................................................................ 20
9.6 ..................................................................................................... 21
9.7 Waiver; Remedies Cumulative ............................................................................ 21
9.8 Alternative Dispute Resolution ............................................................................ 21
10. ENCUMBRANCES, ASSIGNMENTS, AND RELEASES ........................................... 21
10.1 Discretion to Encumber ....................................................................................... 21
10.2 Mortgagee Protection ........................................................................................... 21
10.3 Estoppel Certificate .............................................................................................. 22
10.4 Transfer or Assignment........................................................................................ 23
10.5 Effect of Assignment ........................................................................................... 23
10.6 ...................................................................................................... 24
11. MISCELLANEOUS PROVISIONS ................................................................................ 24
11.1 Rules of Construction .......................................................................................... 24
11.2 Binding Effect of Agreement ............................................................................... 24
11.3 Entire Agreement ................................................................................................. 24
11.4 Recorded Statement Upon Termination ............................................................... 24
11.5 Amendment or Cancellation of Agreement ......................................................... 24
11.6 Minor Changes/Operating Memorandum ............................................................ 25
11.7 Project as a Private Undertaking .......................................................................... 25
11.8 Incorporation of Recitals...................................................................................... 25
11.9 Captions ............................................................................................................... 25
-iv-
TABLE OF CONTENTS
(continued)
Page
11.10 Consent ................................................................................................................ 25
11.11 Covenant of Cooperation ..................................................................................... 25
11.12 Execution and Recording ..................................................................................... 26
11.13 Relationship of City and Developer ..................................................................... 26
11.14 Notices ................................................................................................................. 26
11.15 ..................................................... 27
11.16 Interpretation and Governing Law ......................................................................... 27
11.17 Time of Essence ..................................................................................................... 27
11.18 Successors and Assigns.......................................................................................... 27
11.19 Future Litigation Expenses .................................................................................... 28
12. EXHIBITS ....................................................................................................................... 28
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THIS DEVELOPMENT
and
NORTH Developer) as of the
Effective Date (as defined in the Agreement). City or Developer are sometimes individually
this Agreement with reference to the following recited facts:
RECITALS
A. The State of California has enacted the Development Agreement Statute, found at
Sections 65864 et seq., of the California Government Code, to strengthen the public planning
process, encourage private participation in comprehensive planning and to reduce the economic
risk of development;
B. City is authorized by the Development Agreement Statute and by its City Charter
to enter into development agreements with persons and entities having legal or equitable interests
in real property for the purpose of establishing predictability for both City and property Developer
in the development process and in the provision of public infrastructure and public benefits;
C. Developer has a legal or equitable interest in that certain real property consisting of
approximately 33 acres of land located in the City, County of San Diego, State of California, more
;
D. The Property is located in the Harbor District of the Chula Vista Bayfront Master
Plan in the City. The Property is currently undeveloped but has been approved
by City for the development of up to 1,500 residential units with 15,000 square feet of ground floor
retail, a 250- room hotel, and 420,000 square feet of commercial, office, and retail uses, all as more
fully described in the City of Chula Vista General Plan and Local Coastal
Program (which includes the Land Use Plan and Bayfront Specific Plan) , and the Chula
Vista Multiple Species Conservation Plan Subarea Plan
;
E. Developer desires to develop the Property into a unified development consisting of
the uses described in the Project Approvals
key elements o;
F. Developer has requested that City enter into a development agreement for the
development of the Project on the Property, and City desires to enter into this Agreement pursuant
to the provisions of the California Government Code, the City Charter, the General Plan, the City
Municipal Code, and applicable City policies;
G. This Agreement assures that development of the Project on the Property will occur
in accordance with the Project Approvals;
H. This Ag
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predictability to Developer in the development approval process by vesting the permitted uses,
density, intensity of use, and timing and phasing of the Project on the Property in exchange for
Developer Developer would not
commit to provide such significant public benefits to City if not for the promise of City that the
Property can be developed pursuant to the Existing Land Use Regulations and Subsequent Land
Use Regulations;
I. This Agreement is also intended to ensure that Developer has provided funding
sufficient to provide the adequate and appropriate infrastructure and public facilities required by
the development of the Project on the Property, and that this infrastructure and public facilities
;
J. The commitments of Developer made in this Agreement allow City to realize
significant economic, public facilities, and other public benefits. These public benefits will
advance the interests and meet the needs of residents and visitors to a significantly greater
extent than would development of the Project on the Property absent this Agreement. In addition
to the specific public benefits to be provided by the Project and described in Section 5.1 below,
Developer also accomplished the following:
(1) Developer agreed with City to voluntarily postpone processing entitlements
for the original 97 acres of land that it owned in order to allow City and Port District to
engage in a comprehensive planning process for the entire Chula Vista Bayfront, which
planning process resulted in Developerto the land swap referenced below;
(2) Developer agreed to a land swap of 97 acres of land in exchange for the
Property in order to preserve sensitive environmental habitat and respond to the concerns
and planning objectives of City, the San Diego Unified Port District , the
community, and numerous environmental groups . The
process to accomplish the land swap involved an extensive upfront investment by
Developer in the planning process, environmental review process, and outreach to the
community and other interested third parties. In addition to an investment in community
outreach, Developer has contributed $3 million to the Port of San Diego as part of the Land
Exchange Agreement;
(3) Developer worked extensively with the members of the community,
environmental organizations, and representatives of labor unions to obtain support for the
land swap and the Project, thus ensuring the ability to achieve the objectives of the Project
and resulting benefits to City without additional lengthy and costly delays;
(4) Developer provided funding in the amount of $1.4 million to acquire
approximately two (2) acres of land on which will be located a fire station to provide fire
and rescue services for the entire Chula Vista Bayfront. At the time the land became
available for purchase, the City did not have funds to acquire the land. When City had
adequate funds to purchase the land, Developer sold the land to City for the amount it had
paid for the land, thus foregoing any profit on the purchase and sale of the land;
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(5)
investment in the Chula Vista Bayfront Master Plan area;
(6) The Project is a significant development for the City with up to 1,500
residential units with 15,000 square feet of ground floor retail, a 250-room hotel, and
420,000 square feet of commercial, office, and retail uses, which will generate a new stream
of property and sales tax for the City;
(7) The Project will create a substantial new stream of transient occupancy tax
revenue from short-term rentals from ; and
(8) The Project is expected to provide a significant public benefit by
constructing public infrastructure in the Chula Vista Bayfront Master Plan area along with
the first phase residential building. This work is expected to earn Bayfront Development
Impact Fee credits that the Developer will not be able to fully use for many years because
its public infrastructure investments will be made at the beginning of the 20-year term of
the Development Agreement. It is highly unusual and extraordinary for a developer to
make a significant financial commitment upfront to earn substantial Development Impact
Fee credits so far in advance of being able to apply such credits to fees incurred through its
project development, and is a demonstration of the significant benefit the Project is
expected to provide to the City.
K. In addition to customary development impact fees, the Developer commits to
providing the City with $1 million dollars towards the purchase of a fire engine, which shall be
paid at certificate of occupancy of the first phase residential building. The Developer further
commits to provide the City with an additional $500,000 towards the purchase of a fire ladder
truck, which shall be paid at the certificate of occupancy of the third phase residential building.
L. In return for Developer described in
Section 5.1 below, City is willing to exercise its authority to enter into this Agreement and to make
a commitment of predictability for the development process for the Project on the Property.
AGREEMENT
For good and valuable consideration, City and Developer agree as follows:
1. DEFINITIONS. In this Agreement, unless the context otherwise requires, the following
terms and phrases shall have the following meanings:
1.1 Agreement.
the Developershall include any amendment to the
Agreement properly approved and executed pursuant to the terms of this
Agreement.
1.2 Approval Date. adopted
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the Enabling Ordinance amending the General Plan, LCP, and Subarea Plan to
allow for the development of the Project on the Property.
1.3 CBC Policy.
Communities Policy adopted as part of the Housing Element of the General Plan.
1.4 CFD. ty Facilities District formed pursuant to the
-
2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California.
1.5 City. alifornia charter city and municipal
corporation.
1.6 City Charter.
1.7 City Council.
1.8 City Manager. or her
designee.
1.9 City Municipal Code.
Code.
1.10 Day.
1.11 Developer. d
1.12 .
forth in Section 4.1.
1.13 DIFs.
1.14 Effective Date.
for this Agreement becomes effective and the Parties have each signed this
Agreement.
1.15 RESERVED.
1.16 Enabling Ordinance.
legislative action necessary to approve the Project Approvals or this Agreement.
1.17 Existing Land Use Regulations.
Use Regulations in effect on the Approval Date, including the General Plan, LCP,
and Subarea Plan.
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1.18 RESERVED.
1.19 General Plan.
1.20 RESERVED.
1.21 J Street Sewer Improvements. sewer
1.22 J Street Sweep Improvements. means the
improvements potentially required for the Project as shown on the attached Exhibit
1.23 J Street Gateway Monument. Gateway
Developer has agreed to design, located at the J Street entrance just west of
Interstate Highway 5, which shall consist of street improvements, hardscape, and
landscape improvements necessary to create a ceremonial entrance to the Chula
Vista Bayfront and the Project area.
1.24 Land Use Regulations.
codes, rules, regulations and official policies of City governing the development
and use of land, including, without limitation, the permitted use of land, the density
or intensity of use, subdivision requirements, timing and phasing of development,
the maximum height and size of buildings, the provisions for reservation or
dedication of land for public purposes, and the design, improvement, construction,
and initial occupancy standards and
regulation or official policy governing:
1.24.1 The conduct or taxation of businesses, professions, and occupations
applicable to all businesses, professions, and occupations in City;
1.24.2 Taxes and assessments of general application upon all residents of City.
1.24.3 The control and abatement of nuisances.
1.25 LCP.
Plan and Bayfront Specific Plan).
1.26 Mortgagee.
deed of trust or any other security-device, a lender, and their successors and assigns.
1.27 Mello-Roos Act. -Roos -Roos Community Facilities
Act of 1982, as amended, being California Government Code Section 53311 et seq.
1.28 Parties. Developer on the other hand. A
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Developer.
1.29 Phase I Project Approvals. Development
Agreement, tentative and/or final subdivision map, coastal development permit
and Design Review approval as further described in
1.30 Port District.
1.31 Project.
Approvals and Subsequent Project Approvals, and includes the development of up
to 1,500 residential units with 15,000 square feet of ground floor retail, a 250- room
hotel, and 420,000 square feet of commercial, office, and retail uses, all as more
B
1.32 Project Approvals. means the entitlements approved by the
City to allow for the development of the Project on the Property as further described
.
1.33 Property. ,
consisting of approximately 33 acres of underdeveloped property in the Harbor
1.34 Reservation of Authority or Reserved Authority.
hority specifically reserved to City
which limits the assurances and rights provided to Developer and Developer
Vested Right under this Agreement.
1.35 Section.
stated to refer to another document or matter.
1.36 Subarea Plan. the Chula Vista Multiple Species
Conservation Plan Subarea Plan.
1.37 Subsequent Land Use Regulations.
Land Use Regulations adopted after the Approval Date that do not conflict with the
Existing Land Use Regulations or this Agreement. Subsequent Land Use
Regulations shall be deemed to conflict with the Existing Land Use Regulations or
this Agreement if their application to the Project would (a) restrict or modify the
permitted types of land uses, the density or intensity of use, the maximum height,
size, or square footage of the proposed buildings, the timing and phasing of
development, or building and yard setback requirements specified in the Existing
Land Use Regulations; (b) increase the amount or change the location of the
infrastructure required for the Project; (c) impose additional exactions or
requirements other than as provided for in the Existing Land Use Regulations or
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this Agreement; (d) change design or development standards or the policies or
requirements of the Existing Land Use Regulations; (e) imposes a new permit
requirement or procedure not included within the Existing Land Use Regulations;
(f) increase the cost of development of the Project as those costs existed at the time
of the Approval Date; or (g) otherwise preclude Developer
according to the Existing Land Use Regulations or this Agreement.
1.38 Subsequent Project Approvals.
approvals, permits, or entitlements approved, granted, or issued after the Approval
Date which are required or permitted by the Project Approvals, Existing Land Use
Regulations, Subsequent Land Use Regulations, and this Agreement.
1.39 Term. the term of this Agreement as set forth in Section 6 of this
Agreement.
1.40 Improvements
portion of the improvements authorized by the Phase I Project Approvals or the
improvements described in Sections 4.11, 4.12, and 4.14.
2. INTEREST OF DEVELOPER. Developer represents that it has a legal or equitable interest
in the Property and is authorized to enter into this Agreement.
3. PUBLIC HEARINGS. On July 17, 2018, after providing notice as required by law, the
City Council held a public hearing on this Agreement and made any legally required
findings as set forth in the Enabling Ordinance for this Agreement.
4. DEVELOPMENT OF THE PROJECT ON THE PROPERTY.
4.1 Developer. Developer shall have the vested right to complete the
Project on the Property during the Term in accordance with the Existing Land Use
Regulations, Subsequent Land Use Regulations, the Subsequent Project Approvals,
, Developer
4.2 Governing Land Use Regulations. Except as otherwise provided in this Agreement,
the Land Use Regulations applicable to the development of the Project on the
Property shall be those contained in the Existing Land Use Regulations, the
Subsequent Land Use Regulations, and the Subsequent Project Approvals.
4.2.1 City shall review the Subsequent Project Approvals pursuant to the
process described in the Existing Land Use Regulations only for
consistency with the Existing Land Use Regulations, Subsequent Land
Use Regulations, and this Agreement. Such Subsequent Project
Approvals shall not be unreasonably withheld or delayed. City will
exercise reasonable best efforts to expedite review and processing of
Phase I Subsequent Project Approvals without charging any expedited
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review fees or additional costs to Developer.
4.2.2 Developer may in its sole and absolute discretion agree to subject the
Project to Subsequent Land Use Regulations that conflict with the
Existing Land Use Regulations.
4.2.3 Development on Parcels 2 through 7 shall be subject to the review and
approval of the Chula Vista Zoning Administrator through the
administrative design review process as set forth in the City of Chula
.
All development on said parcels shall be consistent with adopted design
guidelines and applicable development standards for the Project, subject
to public notification requirements, and appealable to the Chula Vista
City Council.
4.3 Permitted Uses. Except as otherwise provided within this Agreement, the permitted
uses on the Property shall be as provided in the Existing Land Use Regulations,
Subsequent Land Use Regulations, and the Subsequent Project Approvals.
4.4 Density and Intensity; Requirement for Reservation and Dedication of Land.
Except as otherwise provided in this Agreement, the density and intensity of use
for the development of the Project on the Property, and the requirements for
reservation and dedication of land, shall be as provided in the Existing Land Use
Regulations, Subsequent Land Use Regulations, and the Subsequent Project
Approvals.
4.5 Reservation of Authority. The following Land Use Regulations or other
requirements shall apply to the Property and the Project unless otherwise
specifically provided for in this Agreement:
4.5.1 Processing fees and charges may be
estimated or actual costs of reviewing and processing applications for the
Project, providing inspections, conducting annual reviews, providing
environmental analysis, or for monitoring compliance with this
Agreement or any Project Approvals or Subsequent Project Approvals
granted or issued, provided such fees and charges are in force and effect
on a general basis on the date of filing such applications with City. This
Section shall not be construed to limit the authority of City to charge its
then-current, normal and customary application, processing, and permit
fees for Project Approvals or Subsequent Project Approvals, building
permits and other similar permits, which fees are designed to reimburse
permitting and are in force and effect on a City-wide basis on the date of
filing such applications with City, notwithstanding the fact that such fees
may have been increased by City subsequent to the Approval Date;
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4.5.2 Development Impact and In-Lieu Fees.
shall be determined by the City pursuant to the provisions outlined in the
Municipal Code or in the ordinances establishing the fees. These
amounts shall be fixed for each building permit, as of the date the impact
fees are paid, between permit issuance and the issuance of a certificate
of occupancy. DIF shall not increase between building permit issuance
and final inspection more than the Construction Cost Index;
4.5.3 Except as specifically provided for in Section 4.2 of this Agreement,
procedural regulations relating to hearing bodies, petitions, applications,
notices, findings, records, hearings, reports, recommendations, appeals,
and any other matter of procedure;
4.5.4 The following, provided that they are uniformly applied to all
development projects within City:
4.5.4.1 Uniform codes governing engineering and construction standards
and specifications adopted by City pursuant to state law. Such
Uniform Administrative Code, California Building Code,
California Plumbing Code, California Mechanical Code,
California Electrical Code, and California Fire Code;
4.5.4.2 Local amendments to those uniform codes which are adopted by
City pursuant to state law, provided they pertain exclusively to
the preservation of life and safety; and
4.5.4.3
encroachment permits and the conveyance of rights and interests
which provides for the use of or the entry upon public property.
4.5.5 Regulations which may be in conflict with this Agreement, but which
are objectively required to protect the public health and safety, provided,
however, such regulations shall be of the minimum scope, effect, and
duration necessary to address the public health and safety concern;
4.5.6 State or federal laws or regulations which preempt local regulations or
mandate local regulations or conditions that conflict with the
development of the Project on the Property. This expressly includes
mandates imposed through the Clean Water Act or the Porter-Cologne
Water Quality Control Act. Upon discovery of such a federal or state
law, City or Developer shall provide the other Party with written notice,
a copy of the state or federal law or regulation, and a written explanation
of the legal or regulatory conflict created. Within ten (10) days
thereafter, City and Developer shall meet and confer in good faith in a
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reasonable attempt to modify this Agreement, as necessary, to comply
with such federal or state law or regulation. In such negotiations, City
and Developer agree to preserve the terms of this Agreement and the
rights of Developer as derived from this Agreement to the maximum
extent possible while still following the applicable state or federal law;
4.5.7
regulations and standards;
4.5.8 Developer shall be issued building permits for the Project after permit
applications are reviewed and approved by City consistent with Section
4.2 of this Agreement;
4.5.9 The exercise of the power of eminent domain;
4.5.10 Due to the unique nature of the Project, City acknowledges that
exceptions and deviations to some Land Use Regulations may be
required and agrees to reasonably consider requests for exceptions and
deviations from the Land Use Regulations necessary for development of
the Project or implementation of the Project Approvals. Developer
acknowledges that it is reasonable for City to deny a request for
exceptions and deviations from the Land Use Regulations when
necessary to protect the public health, safety, or welfare.
4.6 Vested Rights Upon Termination. Developer acknowledges that following
termination of this Agreement, except as to any Project Approvals or Subsequent
Project Approvals that have vested under state law without reliance on this
Agreement, City may amend the Project Approvals and Subsequent Project
Approvals as they relate to the Project and the Property.
4.7 Compliance with CEQA. The City Council has found that the environmental
impacts of the Project have been addressed in the Final Environmental Impact
Report for the Chula Vista Bayfront Master Plan (State Clearinghouse No.
2005081077). Where the California Environmental Quality Act requires that an
additional environmental analysis be performed in connection with a Subsequent
Project Approval or other future discretionary approval granted by City for the
Project, the Developer o perform that
additional analysis. If the application of CEQA to a Subsequent Project Approval
would (a) require as mitigation a reduction in the density or intensity of use from
that allowed by this Agreement, (b) require as mitigation a change in use from those
allowed by this Agreement, (c) result in the identification of new significant,
unmitigable impacts, and/or (d) identify an environmentally preferred alternative
that would reduce density or intensity of use or change a use from that allowed by
this Agreement, then Developer may terminate this Agreement.
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4.8 Timing of Development. Because the California Supreme Court held in Pardee
Construction Co. v. City of Camarillo, 37 Cal. 3d 465 (1984), that the failure of the
parties in that case to provide for the timing of development resulted in a later-
agreement, it is the specific intent of the Parties here to provide for the timing of
the Project in this Agreement. To do so, the Parties acknowledge and agree that
unless otherwise specifically required by this Agreement, Developer shall have the
right, but not the obligation, to complete the Project in such order, at such rate, at
such times, and in as many development phases and sub-phases as Developer deems
appropriate in its sole subjective business judgment.
4.9 Conditions, Covenants and Restrictions. Developer shall have the ability to reserve
and record covenants, conditions, and restrictions (CC&Rs) against the Property.
Such CC&Rs may not conflict with this Agreement, the Existing Land Use
Regulations, Subsequent Land Use Regulations, or Subsequent Project Approvals.
Before recording any CC&Rs, Developer shall provide a copy of the CC&Rs to
City for review and approval by the City Attorney, which approval shall not be
unreasonably denied.
4.10 Balanced Communities. City has adopted a Balanced
to implement the Housing
Element of the General Plan. The Property is located in an area that the CBC Policy
defines as a Area. The City agrees that the Property
will retain that definition for all Subsequent Project Approvals for the Term of this
Agreement. In accordance with the CBC Policy, findings made in Recitals J, K, and
L substantiate that special circumstances exist that are unique to the Project that
justify granting a variance from the CBC Policy. Based on these findings, City
agrees to grant the Project a variance from the CBC Policy. TOT revenue generated
will satisfy the CBC requirements now and for any
Subsequent Project Approvals so long as at least $3,000,000.00 in TOT revenue
has been received from the residential units by the end of Year 10 of this
Agreement. If such amount has not been received, however, City shall notify
Developer in writing and Developer shall have ninety (90) calendar days to pay the
difference between $3,000,000.00 and the TOT revenue collected by the City to
date.
Balanced Communities Policy. There shall be no such use restrictions on the TOT
s of the initial
4.11 J Street Sewer Improvements. The Project requires certain sewer improvements at
J Street as more fully described in the attached Exhibit
In the event that any portion of the J Street Sewer Improvements
is , City agrees that Developer shall
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receive full credit against any Project related sewer connection fee for the cost of
designing and constructing that portion of the J Street Sewer Improvements. In the
event that the J Street Sewer Improvements provide sewer capacity in excess of that
required for the Project and that additional sewer capacity is needed by the City for
future development outside of the Project, City agrees to enter into a
Reimbursement Agreement with Developer. For any amount that exceeds
shall
provide for cash reimbursement when funds are available as determined by the City
Manager, or other mutually acceptable reimbursement mechanism.
4.12 J Street Pump Station and Force Mains. The Project may require certain
improvements to the pump station and force mains that currently serve the Port
.
In the event that any portion of the J Street Pump Station and Force Mains is
Developer shall
receive full credit against any Project related sewer connection fee for the
Developer incurred cost of designing and constructing that portion of the J Street
Pump Station and Force Mains. In the event that the J Street Sewer Improvements
provide sewer capacity in excess of that required for the Project and that additional
sewer capacity is needed by the City for future development outside of the Project,
City agrees to enter into a Reimbursement Agreement with Developer. For any
Reimbursement Agreement shall provide a cash reimbursement to Developer when
funds are available as determined by the City Manager, or other mutually
acceptable reimbursement mechanism.
4.13 Reclaimed Water. City agrees that the Project shall only be required to install water
delivery facilities required for the use of reclaimed water in a street segment if such
requirement exists at the time Developer files an application for a public
improvement permit to construct water delivery facilities in that street segment.
The City shall not require Developer to retroactively reconstruct its water delivery
facilities to interconnect with a reclaimed water system.
4.14 Transportation and Traffic Signal Portion of Development Impact Fees. Developer
will be responsible for payment of traffic signal sand
Bayfront Transportation DIF fees, pursuant to applicable City
Council Policies and the Chula Vista Municipal Code. The Project shall have the
option to design and construct certain elements of the Harbor Distri
circulation system, provided that the improvements to be constructed by the
Developer are fully funded by the Traffic Signal Fees, the Bayfront DIF, or a
combination thereof. Fee and/or
Bayfront DIF obligations and/or cash reimbursements shall be made pursuant to
City Council Policy 478-01 and Section 3.55.150 of the Chula Vista Municipal
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Code, as applicable.
4.14.1
in the public transportation infrastructure in the Bayfront area in advance
of constructing the majority of the Project, which will provide a public
benefit to the City. As Developer completes such public transportation
infrastructure, Developer shall submit a request for reimbursement, or a
credit against fees, to the City as set forth in City Council Policy 478-01
(Traffic Signal Fees) and Section 3.55.150 of the Chula Vista Municipal
Code (Bayfront DIF). For any credit against fees for the Project as
approved by the City, the value of that credit balance (with the credit
balance representing the credits approved, less credits applied in-lieu of
cash payment at building permit, and other credit adjustments as
mutually agreed upon by the Parties in writing) shall be annually
adjusted on October 1 using the annual inflation adjustment applied by
the City to the subject fee program, as set forth in City Council Policy
478-01 and Section 3.55.090 of the Chula Vista Municipal Code.
4.14.2 The Parties acknowledge the possibility that the City Council may
choose to add projects to the Bayfront DIF program over the life of this
additional improvements complies with nexus and proportionality
requirements, the City agrees to: (1) provide notice to Developer when
the City initiates an update to the 2014 BFDIF Nexus Study, or any
subsequent nexus study prepared thereafter; and (2) provide at least sixty
(6
City Council will consider amending the Bayfront DIF program.
4.15 J Street Gateway Monument. Developer has agreed to design the monument for
Gateway The City agrees to add the construction of the J Street
Gateway Monument to the Bayfront Impact Fee program in the next update.
Should Developer elect to construct the J Street Gateway Monument, the City
agrees to enter into a Reimbursement Agreement with Developer. For any amount
that exceeds Dev the Reimbursement
Agreement shall provide for a cash reimbursement when funds are available as
determined by the City Manager, or other mutually acceptable reimbursement
mechanism.
4.16 Recreational Facilities DIF Credit. To the extent Developer builds facilities that
qualify as eligible Recreational Facilities, Developer shall receive credit for this
against DIF fees that would have otherwise been paid by Developer.
4.17 Parkland Acquisition and Development In-Lieu Fee (PAD) Credit. To the extent
Developer builds facilities that qualify as eligible parkland, Developer shall receive
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credit for this against PAD fees that would have otherwise been paid by Developer.
Should the City replace the PAD in-lieu fee with a similar park DIF in the future,
the Developer shall receive credits for eligible facilities in the same manner.
4.18 RESERVED.
4.19 Undergrounding of Overhead Utilities Lines. City acknowledges the benefit of
undergrounding overhead utilities lines located within the Otay District and Harbor
District of the Chula Vista Bayfront. City has previously obtained a commitment
of Rule 20A funds pursuant to the undergrounding program adopted by the
California Public Utilities Commission to underground the 230kV lines located
within the Chula Vista Bayfront. City agrees that the undergrounding of the
remaining overhead utilities lines located within the Otay District and Harbor
District shall be presented to the City Council as a priority in any future requests
for Rule 20A funds to underground overhead utilities lines within the City.
4.20 Future Use of Project Revenues. City acknowledges that while nothing in this
Agreement contemplates revenue sharing with respect to retail sales taxes or other
revenues, Developer may ask City to consider revenue sharing and tax deferrals to
promote development consistent with the Project Approvals.
4.21 Assistance from Other Governments. Upon Developer
Developerasonably consider whether to make
applications, or reasonably assist and cooperate with Developer in submitting
applications for the following assistance, consistent with the Project Approvals and
the Subsequent Project Approvals:
4.21.1 Available tax or other benefits from state or federal governments.
4.21.2 Available grants, loans, bonds, or subsidies from non-City local, state,
or federal governments or agencies for government programs that seek
to encourage the type of development identified in the Project Approvals
or Subsequent Project Approvals.
4.21.3 Reimbursement from non-City local, state, or federal sources for any
facilities provided as part of the Project.
5. DEVELOPERROVISION OF PUBLIC BENEFITS.
5.1 Public Benefits. In connection with the development of the Project, Developer shall
provide the following public benefits:
5.1.1 In order to accelerate development of other property located within the
Harbor District of the Chula Vista Bayfront Master Plan by constructing
necessary infrastructure, demonstrating the economic viability of such
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development, and substantially increasing the overall economic activity
within the area, Developer agrees to commence construction of
Improvements for the Project prior to December 31, 2022, even if the
proposed Regional Conference Center has not commenced construction
prior to that date. This obligation to commence construction shall be
subject to the provisions of Section 11.15 below.
5.1.2 In order to elevate and encourage an increase in the quality of
development within the Harbor District of the Chula Vista Bayfront
Master Plan, Developer agrees that the quality of building materials and
landscaping for the Project shall exceed the building materials and
approvals. Developer also shall
use its best efforts to obtain a luxury brand name for the residential
component of the Project.
5.1.3 Developer agrees to pay City a sum of One Million dollars
($1,000,000.00) towards the purchase of a fire enge
The Developer shall make the Fire Engine Payment prior to
the issuance of a certificate of occupancy for the first phase of the
residential building for the Project.
5.1.4 Developer agrees to pay City a sum of Five Hundred Thousand dollars
($500,000.00) towards the purchase of a fire ladder truck
shall make the Fire Truck Payment prior to
the issuance of a certificate of occupancy for the third phase of the
residential building for the Project.
5.1.5 The City anticipates the formation of a CFD in the Bayfront Master Plan
CFD is anticipated to include an additional tax on transient occupancy
revenues and transactions subject to sales and use tax, as determined by
the California State Board of Equalization. Final tax rates shall be as
determined during formation proceedings. Developer agrees that it shall
not oppose or encourage others to oppose the formation of the Bayfront
CFD.
6. TERM AND TERMINATION.
6.1 Term of Agreement. The Term shall commence on the Effective Date. The Term
shall continue for a period of twenty (20) years from the Effective Date, subject to
the following:
6.1.1 The Term shall be extended for periods equal to the time during which:
6.1.1.1 Litigation is pending which challenges any matter, including
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compliance with CEQA or any other local, state, or federal law,
related in any way to the approval or implementation of all or any
part of the Project Approvals. Any such extension shall be equal
to the time between the filing of litigation, on the one hand, and
the entry of final judgment or dismissal, on the other.
6.1.1.2 Any other delay occurs which is beyond the control of the Parties,
as described in Section 11.15.
6.1.2 During the Term, certain portions of the Property may be released from
this Agreement as provided in Sections 6.4 and 11.2 of this Agreement.
The City shall provide written confirmation of such release upon request.
6.1.3 As provided in Section 6.2 and elsewhere within this Agreement, the
Term may end earlier than the end of the Term as specified in this
Agreement.
6.2 Termination. This Agreement shall be deemed terminated and of no further effect
upon the earlier occurrence of any of the following events:
6.2.1 Expiration of the Term as set forth in Section 6.1;
6.2.2 Entry of a final judgment setting aside, voiding, or annulling the adoption
of the Enabling Ordinance for this Agreement;
6.2.3 The adoption of a referendum measure overriding or repealing the
Enabling Ordinance for this Agreement;
6.2.4 Completion of the Project in accordance with the terms of this
Agreement, including issuance of all required occupancy permits and
acceptance, as required by state law, by City, or the applicable public
agency, of all required dedications and the satisfaction of all of
Developer
6.2.5 Should Developer fail to timely commence construction as provided in
section 5.1.1 of this Agreement, City shall have the right, but not the
obligation, to terminate this Agreement.
6.2.6 As may be provided by other specific provisions of this Agreement.
6.3 Effect of Termination. Subject to Section 6.2, upon any termination of this
Agreement, the only rights or obligations under this Agreement which either Party
shall have are:
6.3.1 The completion of obligations which were to have been performed prior
to termination, other than those which are separately addressed by
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Section 5;
6.3.2 Development rights that may have vested as set forth in Section 4.6;
6.3.3 The performance and cure rights set forth in Section 9.3; and
6.3.4 Those obligations that are specifically set forth as surviving this
Agreement, such as those described in Section 8.6 and 11.19.2.
6.4 Release of Obligations With Respect to Individual Lots Upon Certification of
Occupancy. Notwithstanding any other provision of this Agreement:
6.4.1 When any individual lot has been finally subdivided and sold, leased, or
made available for lease to a member of the public or any other ultimate
user, and a certificate of occupancy has been obtained for the building(s)
on the lot, that lot and its owner shall have no further obligations under
and shall be released from this Agreement.
6.4.2 Upon the conveyance of any lot, parcel, or other property, whether
residential, commercial, or open space
public or quasi-public entity, that lot,
parcel, or property and its owner shall have no further obligations under
and shall be released from this Agreement.
No formal action by City is required to affect this release, but, upon Developer
request, City shall sign an estoppel certificate or other document to evidence the
release.
6.5 Term of Map(s) and Other Project Approvals.
6.5.1 Subdivision Maps. Pursuant to Government Code Section 66452.6, the
term of all subdivision or parcel maps that are approved for all or any
portion of the Project on the Property shall be automatically extended to
a date coincident with the Term and, where not prohibited by State law,
with any extension of the Term.
6.5.2 Other Project Approvals. Pursuant to Government Code section
65863.9, the Subsequent Project Approvals shall automatically be
extended for a term ending concurrently with the applicable subdivision
maps for the Project.
6.5.3 Pursuant to Government Code section 65867.5(c), any tentative map
prepared for the Project will comply with the provisions of Government
Code section 66473.7. (See Final Environmental Impact Report for the
Chula Vista Bayfront Master Plan, Appendix 4.14-1.)
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7. ANNUAL REVIEW.
7.1 Timing of Annual Review. Pursuant to Government Code Section 65865.1, at least
once during every twelve (12) month period of the Term, City shall review the good
faith compliance of Developer
7.2 Standards for Annual Review. During the Annual Review, Developer shall be
required to demonstrate good faith compliance with the terms of this Agreement.
Developer is in compliance with
the terms and conditions of this Agreement. If the City Council or its designee finds
and determines that Developer is not in good faith compliance, then City may
proceed in accordance with Section 9 pertaining to the potential default of
Developer and the opportunities for cure. Developer
fees and costs incurred in connection with the Annual Review.
7.3 Procedures for Annual Review. The Annual Review shall be conducted by City
Council or its designee. Developer
notice of any date scheduled for an Annual Review.
7.4 Certificate of Compliance. At any time during any year that the City Council or its
designee finds that Developer is not in default under this Agreement, City shall,
upon written request by Developer, provide Developer with a written certificate of
good faith compliance within fifteen
7.5 Failure of Periodic ReviewDeveloper
compliance with the terms and conditions of this Agreement shall not constitute or
be asserted by City or Developer as a breach of this Agreement.
8. THIRD PARTY LITIGATION.
8.1 General Plan Litigation. City has determined that this Agreement is consistent with
its General Plan, LCP, and Subarea Plan. Developer has reviewed the General Plan,
LCP, and Subarea Plan and concurs with City
any liability under this Agreement or otherwise for any failure of City to perform
under this Agreement, or for the inability of Developer to develop the Property as
contemplated by the Project Approvals, Subsequent Project Approvals, or this
Agreement, if such failure or inability is the result of a judicial determination that
part or all of the General Plan, LCP, or Subarea Plan is invalid, inadequate, or not
in compliance with law.
8.2 Third Party Litigation Concerning Project or Agreement. Developer shall, at
Developersole expense, defend, indemnify, and hold harmless the City, and its
elected and appointed officials, officers, employees, and independent contractors
engaged in Project from any
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third-party claim, action or proceeding against any City Party to attack, set aside,
void, or annul the Project Approvals, Subsequent Project Approvals, or this
Agreement. City shall promptly notify Developer of any such claim, action or
proceeding, and City shall reasonably cooperate in the defense. City may in its
discretion participate in the defense of any such claim, action or proceeding. If City
uses its discretion to participate in the defense of any such claim, action or
proceeding, Developer
costs incurred in that defense.
8.3 Indemnity. In addition to the provisions of Sections 8.1 and 8.2, Developer shall,
sole expense, indemnify, defend, and hold free and harmless all City
Parties engaged in Project planning or implementation from and against any third-
party liability or claims based or alleged upon any act or omission of Developer, its
officers, agents, employees, subcontractors, independent contractors (each a
, for property damage,
bodily injury or death (Developer, or any other element of
damage of any kind or nature, relating to or arising from development of the
Project, except for claims for damages arising through active negligence or willful
misconduct of any City Party. Developer shall defend, at Developersole expense,
all City Parties in any legal action based upon such
alleged acts or omissions of any Developer Party. City may in its discretion
participate in the defense of any such legal claim, action, or proceeding. If City
uses its discretion to participate in the defense of any such claim, action or
proceeding, Developer
costs incurred in that defense.
8.4 Environmental Contamination. Developer shallsole expense,
indemnify, and hold free and harmless all City Parties from and against any
liability, based or alleged, upon any act or omission of Developer, or any of its
officers, agents, employees, subcontractors, predecessors in interest, successors,
assigns, or independent contractors, resulting in any violation of any federal, state
or local law, ordinance or regulation relating to industrial hygiene or to
environmental conditions on, under, or about the Property, including, but not
limited to, soil and groundwater conditions, and Developer shall defend, at its sole
all City Parties in any action based or asserted
upon any such alleged act or omission. City may in its discretion participate in the
defense of any such claim, action, or proceeding. If City uses its discretion to
participate in the defense of any such claim, action or proceeding, Developer shall
8.5 City to Approve Counsel; Conduct of Litigation. With respect to Sections 8.1
through 8.4, City reserves the right either (a) to approve the attorney(s) that
Developer selects, hires, or otherwise engages to defend City, which approval shall
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its own defense. If City elects to conduct its own defense, Developer shall
such defense with the understanding that Developer
, to the maximum extent feasible, cooperate with
Developer. Developer shall have the right to audit all billings for such
fees and expenses.
8.6 Survival. The provisions of Sections 8.1 through 8.5 inclusive, shall survive the
termination, cancellation, or expiration of this Agreement.
9. DEFAULTS AND REMEDIES.
9.1 Default by Developer. Developer shall be in default of this Agreement if it does
any or any combination of the following:
9.1.1 Willfully, or negligence, violates any order,
ruling or decision of any administrative or judicial body having
jurisdiction over the Property or the Project.
9.1.2 Fails to cure a material breach of this Agreement within the time set forth
in a written notice of default from City.
9.2 Default by City. City shall be in default of this Agreement only if it fails to cure a
material breach of this Agreement within the time set forth in a written notice of
default from the Developer to City.
9.3 Notice and Termination. A Party alleging a default by any other Party shall serve
written notice thereof. Each such notice shall state with specificity all of the
following:
9.3.1 The nature of the alleged default, with reference to the specific Sections
of the Agreement that are alleged to have been breached and the specific
facts supporting those allegations.
9.3.2 The manner in which the alleged default may be satisfactorily cured.
9.3.3 A period of time in which the default may be cured. The notice of default
shall allow at least sixty (60) days to cure the default. If the default is of
such a nature as not to be susceptible of cure within sixty (60) days using
diligent efforts, then the defaulting Party shall only be deemed to have
failed to cure the default if it fails diligently to commence such cure
within sixty (60) days or if it fails diligently to prosecute such cure to its
conclusion.
9.4 Default Remedies. A Party who complies with the notice of default and opportunity
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to cure requirements of Section 9.3 may, at its option, institute legal action to cure,
correct, or remedy the alleged default as provided in this Agreement.
9.5 Developer. Developer acknowledges that City would not have entered
into this Agreement if it were to be liable in damages under or with respect to all or
any part of the development of the Project on the Property. Accordingly, Developer
shall not sue City for damages or monetary relief for any matter related to the
development of the Project on the Property. Developer
be limited to declaratory and injunctive relief, mandate, and specific performance.
In the event that Developer desires to enforce any term or provision of this
Agreement by specific performance, City expressly agrees that an action in
damages is inadequate and unavailable. Given these facts and circumstances, City
warrants and represents that damages for a breach are inadequate and/or unavailable
and City expressly waives the right to contest any request by Developer to this
Agreement for specific performance on the basis that damages are adequate.
9.6 C. In the event of an uncured default by Developer, City may pursue
any and all available legal or equity remedies for the default.
9.7 Waiver; Remedies Cumulative. All waivers of performance must be in a writing
signed by the Party granting the waiver. There are no implied waivers. Failure by
City or Developer to insist upon the strict performance of any provision of this
Agreement, irrespective of the length of time for which such failure continues, shall
not constitute a waiver of the right to demand strict compliance with this Agreement
in the future.
A written waiver affects only the specific matter waived and defines the
performance waived and the duration of the waiver. Unless expressly stated in a
written waiver, future performance of the same or any other condition is not waived.
A Party who complies with the notice of default and opportunity to cure
requirements of Section 9.3, where applicable, and elects to pursue a legal or
equitable remedy available under this Agreement does not waive its right to pursue
any other remedy available under this Agreement, unless prohibited by statute,
court rules, or judicial precedent.
Delays, tolling, and other actions arising under Section 11.15 shall not be
considered waivers subject to this Section 9.7.
9.8 Alternative Dispute Resolution. Any dispute between the Parties may, upon the
mutual agreement of the Parties, be submitted to mediation, binding arbitration, or
any other mutually agreeable form of alternative dispute resolution. While an
alternative dispute process is pending, the statute of limitation shall be tolled for
any claim or cause of action which either of the Parties may have against the other.
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10. ENCUMBRANCES, ASSIGNMENTS, AND RELEASES.
10.1 Discretion to Encumber. This Agreement shall not prevent or limit Developer, in
any manner, at Developer
Property or any improvement on the Property by any mortgage, deed of trust, or
other security device to secure financing related to the Property or the Project.
10.2 Mortgagee Protection. City acknowledges that the lender(s) providing financing
secured by the Property and/or its improvements may require certain Agreement
interpretations and modifications. City shall, at any time requested by Developer
or the lender, meet with Developer and representatives of such lender(s) to
negotiate in good faith any such interpretation or modification. City will not
unreasonably withhold or delay its consent to any requested interpretation or
modification provided such interpretation or modification is consistent with the
intent and purposes of this Agreement. Any Mortgagee of the Property shall be
entitled to the following rights and privileges:
10.2.1 Neither entering into this Agreement nor a breach of this Agreement
shall defeat, render invalid, diminish, or impair the lien of any mortgage
or deed of trust on the Property made in good faith and for value.
10.2.2 If City timely receives a request from a Mortgagee requesting a copy of
any notice of default given to Developer under the terms of this
Agreement, City shall provide a copy of that notice to the Mortgagee
within ten (10) days of sending the notice of default to Developer. The
Mortgagee shall have the right, but not the obligation, to cure the default
during the remaining cure period allowed Developer under Section 9.3
of this Agreement.
10.2.3 Except as otherwise provided within this Agreement, any Mortgagee
who comes into possession of some or all of the Property pursuant to
foreclosure of a mortgage or deed of trust, or deed in lieu of such
foreclosure or otherwise, shall:
10.2.3.1 Take that property subject to the terms of this Agreement and as
Developer
10.2.3.2 Have the rights and obligations of an Assignee as set forth in
Sections 10.5;
10.2.3.3 Have the right to rely on the provisions of Section 4 of this
Agreement, provided that any development proposed by the
Mortgagee is in substantial conformance with the terms of this
Agreement; and
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10.2.3.4 Not be liable for any defaults, whether material or immaterial, or
monetary obligations of Developer arising prior to acquisition of
title to the Property by the Mortgagee, except that the Mortgagee
may not pursue development pursuant to this Agreement until all
delinquent and current fees and other monetary obligations due
under this Agreement for the portions of the Property acquired
by the Mortgagee have been paid to City.
10.3 Estoppel Certificate. Within ten (10) business days following a written request by
either of the Parties, the other Party shall execute and deliver to the requesting Party
a statement certifying that (i) either this Agreement is unmodified and in full force
and effect or there have been specified (date and nature) modifications to the
Agreement, but it remains in full force and effect as modified; and (ii) either there
are no known current uncured defaults under this Agreement or that the responding
Party alleges that specified (date and nature) defaults exist. The statement shall
also provide any other reasonable information requested. The failure to timely
deliver this statement shall constitute a conclusive presumption that this Agreement
is in full force and effect without modification, except as may be represented by the
requesting Party and that there are no uncured defaults in the performance of the
requesting Party, except as may be represented by the requesting Party. Developer
shall pay to City all reasonable administrative costs incurred by City in connection
of such certificates.
10.4 Transfer or Assignment. Subject to Section 10.6, Developer shall have the right,
with a transfer of Developer
together with the sale, transfer, or assignment of all or any portion of Developer
interest in the Transferred Property.
At least fifteen (15) business days prior to the effective date of any Assignment,
Developer shall notify City in writing of the proposed Assignment and provide City
with an Assignment and Assumption Agreement, in a form substantially similar to
Exhibit J
Developer under this Agreement remaining to be performed at the time of the
Assignment with respect to the Transferred Property.
10.5 Effect of Assignment. Subject to Section 10.4 and unless otherwise stated within
the Assignment, upon an Assignment:
10.5.1 The Assignee shall be liable for the performance of all obligations of
Developer with respect to Transferred Property, but shall have no
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obligations with respect to the portions of the Property, if any, not
If the Assignee of the Transferred
Property defaults under this Agreement, such default shall not constitute
a default by the Developer of the Retained Property.
10.5.2 The Developer of the Retained Property shall be liable for the
performance of all obligations of Developer with respect to Retained
Property, but shall have no further obligations with respect to the
Transferred Property. If the Developer of the Retained Property defaults
under this Agreement, such default shall not constitute a default by the
Assignee of the Transferred Property.
10.5.3 Property
shall be subject to the terms of this Agreement to the same extent as if
the Assignee were the Developer provided, however, that Assignee shall
not have the right to seek an amendment to this Agreement, the Project
Approvals, or the Subsequent Project Approvals with respect to the
Transferred Property without the written consent of the Developer of the
Retained Property. The Developer of the Retained Property shall retain
the right to seek an amendment to this Agreement, the Project Approvals,
or the Subsequent Project Approvals with respect to the Retained
Property without the written consent of the Assignee.
10.6 for any Assignment of
all or a portion of this Agreement, provided, however,
required if the Assignment is to an entity that is 100% owned by Developer or
subject to the control of Developer. It shall be a presumption that control with
respect to a corporation or limited liability company is the right to exercise, directly
or indirectly, more than fifty percent (50%) of the voting rights attributable to the
controlled corporation or limited liability company, and, with respect to any
individual, partnership, trust, other entity or association, control is the possession,
indirectly or directly, of the power to direct or cause the direction of the
management or policies of the controlled entity.
11. MISCELLANEOUS PROVISIONS.
11.1 Rules of Construction. The singular includes the plural; the masculine gender
includ
11.2 Binding Effect of Agreement. This Agreement shall be recorded against the
Property and shall run with the land. The Project shall be carried out on the
Property in accordance with the terms of this Agreement. Until released or
terminated pursuant to the provisions of this Agreement or until Developer has fully
performed its obligations arising out of this Agreement, no portion of the Property
shall be released from this Agreement.
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11.3 Entire Agreement. This Agreement constitutes the entire understanding and
agreement of City and Developer with respect to the matters set forth in this
Agreement. This Agreement supersedes all negotiations or previous agreements
between City and Developer respecting the subject matter of this Agreement.
11.4 Recorded Statement Upon Termination. Upon the completion of performance of
this Agreement or its cancellation or termination, a statement evidencing
completion, cancellation, or termination signed by the appropriate agents of City,
shall be recorded in the Official Records of San Diego County, California.
11.5 Amendment or Cancellation of Agreement. This Agreement may be amended from
time to time or canceled only by the written consent of both City and Developer in
the same manner as its adoption, as set forth in California Government Code
Section 65868. Any amendment or cancellation shall be in a form suitable for
recording in the Official Records of San Diego County, California. An amendment
or other modification of this Agreement will continue to relate back to the Effective
Date of this Agreement (as opposed to the effective date of the amendment or
modification), unless the amendment or modification expressly states otherwise.
11.6 Minor Changes/Operating Memorandum. The provisions of this Agreement
require a close degree of cooperation between the Parties. It is anticipated that
minor changes to the Project may be required from time to time to accommodate
design changes, engineering changes, and other refinements related to the details
are otherwise consistent with the Project Approvals, and which do not result in a
change in the type of use, an increase in density or intensity of use, significant new
or increased environmental impacts that cannot be mitigated, or violations of any
applicable health and safety regulations in effect on the Approval Date.
Accordingly, the Parties may mutually consent to adopting
through their signing of an operating memorandum reflecting the minor changes
without having to amend this Agreement. Neither the minor changes nor any
operating memorandum shall require public notice or hearing. The City Attorney
and City Manager shall be authorized to determine whether proposed modifications
and refinements are minor changes subject to this Section or more significant
changes requiring amendment of this Agreement. The City Manager may execute
any operating memorandum for minor changes without City Council action.
11.7 Project as a Private Undertaking. It is specifically understood by City and
Developer that (i) the Project is a private development; (ii) City has no interest in
or responsibilities for or duty to third parties concerning any improvements to the
Property unless City accepts the improvements pursuant to the provisions of this
Agreement or in connection with subdivision map approvals; and (iii) Developer
shall have the full power and exclusive control of the Property, subject to the
obligations of Developer set forth in this Agreement.
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11.8 Incorporation of Recitals. Each of the Recitals set forth at the beginning of this
Agreement are part of this Agreement.
11.9 Captions. The captions of this Agreement are for convenience and reference only
and shall not define, explain, modify, construe, limit, amplify, or aid in the
interpretation, construction, or meaning of any of the provisions of this Agreement.
11.10 Consent. Where the consent or approval of City or Developer is needed to
implement Development under this Agreement, the consent or approval shall not
be unreasonably withheld, delayed, or conditioned.
11.11 Covenant of Cooperation. City and Developer shall cooperate and deal with each
other in good faith and assist each other in the performance of the provisions of this
Agreement. In addition, City staff shall cooperate with Developer in order to
facilitate Developer obtaining any required Project approvals from the California
Coastal Commission.
11.12 Execution and Recording. The City Clerk shall cause a copy of this Agreement or,
representatives of City and recorded with the Office of the County Recorder of San
Diego County, California, within ten (10) days following the Effective Date. The
failure of City to sign and/or record this Agreement or notice thereof shall not affect
the validity of and binding obligations set forth within this Agreement.
11.13 Relationship of City and Developer. The contractual relationship between City and
Developer arising out of this Agreement is one of independent contractor and not
agency. This Agreement does not create any third-party beneficiary rights.
11.14 Notices. All notices, demands, and correspondence required or permitted by this
Agreement shall be in writing and delivered in person, sent by electronic mail, or
mailed by first class or certified mail, postage prepaid, addressed as follows:
If to City, to:
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
Attn: City Manager
With a copy to:
City Attorney
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
If to Developer, to:
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North C.V. Waterfront L.P.
1775 Hancock Street, Suite 200
San Diego, California 92106
Attn: Ashok Israni, Chairman
Sergio Sandoval, Senior Project Manager
AND
Thomas P. Sayer, Esq.
9914 Scripps Ranch Blvd., #284
San Diego, California 92131
City or Developer may change its address by giving notice in writing to each of the
other names and addresses listed above. Thereafter, notices, demands, and
correspondence shall be addressed and transmitted to the new address. Notice shall
be deemed given upon personal delivery, the date of actual receipt or, if mailed, not
later than two (2) business days following deposit in the United States mail.
11.15 . Notwithstanding Section 9,
performance by either Party of its obligations under this Agreement shall be
excused, and the Term shall be extended, for periods equal to the time during which
(1) litigation is pending which challenges any matter, including compliance with
CEQA or any other local, state, or federal law, related in any way to the approval
or implementation of all or any part of the Project Approvals or Subsequent Project
Approvals. Any such extension shall be equal to the time between the filing of
litigation, on the one hand, and the entry of final judgment or dismissal, on the
other. All such extensions shall be cumulative; (2) a delay is caused by reason of
any event beyond the control of City or Developer which prevents or delays
performance by City or Developer of obligations under this Agreement. Such
events shall include, by way of example and not limitation, acts of nature, riots,
strikes, or damage to work in process by reason of fire, mud, rain, floods,
earthquake, or other such casualties. Such an event may include a severe market or
business downturn, recession, collapse or contraction of financial and capital
markets, and the unavailability of reasonable market financing. If City or
Developer seeks excuse from performance , it shall provide
written notice of such delay to the other party within thirty (30) days of the
commencement of such delay. The Impacted Party shall resume the performance
of its obligations as soon as practicable after the removal of the cause for delay. If
the delay or default, is beyond the control of City or Developer it shall be excused,
and an extension of time for such cause shall be granted in writing for the period of
the enforced delay, or longer as may be mutually agreed upon. Any disagreement
between the Parties with respect to whether this Section applies to a particular delay
or default is subject to the filing by either Party of an action for judicial review of
the matter, including requests for declaratory and/or injunctive relief.
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11.16 Interpretation and Governing Law. In any dispute regarding this Agreement, the
Agreement shall be governed and interpreted in accordance with the laws of the
State of California. Venue for any litigation concerning this Agreement shall be in
San Diego County, California.
11.17 Time of Essence. Time is of the essence in the performance of the provisions of
this Agreement as to which time is an element.
11.18 Successors and Assigns. This Agreement shall be binding upon and inure to the
benefit of the Parties and their respective successors and assigns.
11.19 Future Litigation Expenses.
11.19.1 Payment to Prevailing Party. If either Party brings a legal or equitable
proceeding against the other Party which arises in any way out of this
Agreement, the prevailing Party shall be entitled to recover its reasonable
that proceeding.
11.19.2 Scope of Fees
fees on any appeal and in any post-judgment proceedings to collect or
enforce the judgment. This provision is separate and several and shall
survive the termination of this Agreement.
11.20 Appeal to City Council. Developer may appeal directly to the City Council any
decision by the City Manager concerning the interpretation and/or administration
of this Agreement. Developer shall file any such appeal with the City Clerk within
Council shall render a decision at the next available noticed public hearing.
12. EXHIBITS. All exhibits attached to this Agreement are incorporated as a part of this
Agreement. Those exhibits are:
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Exhibit Description
Legal Description and Depiction of the Property
General Description and Depiction of the Project
Phase I Project Approvals
J Street Sewer Improvements
J Street Sweep Improvements
RESERVED
RESERVED
RESERVED
RESERVED
Assignment and Assumption Agreement
RESERVED
Project Entitlements
(Signatures on following page)
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Developer and City have executed this Agreement on the dates set forth below.
CITY DEVELOPER
CITY OF CHULA VISTA, a California NORTH C.V. WATERFRONT L.P., a
charter city and municipal corporation California limited partnership
By: By: PACIFICA HOSPITALITY GROUP,
Mayor INC., a Nevada corporation, its sole general
partner
Date:
By:
ATTEST:
Its:
By: Date:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
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LEGAL DESCRIPTION AND DEPICTION OF THE PROPERTY
GENERAL DESCRIPTION AND DEPICTION OF THE PROJECT
Chula Vista Bayfront Master Planned Project
GeneralProject Description& Depiction of Property
I.Pacifica Companies Development Portion
Within thePlanarea, Pacifica Companies’ development portion(the “Property”)will
consist of 33 acres of1,500residentialcondos,420,000 SF ofcommercial office&retail
space, and a 250-room hotel(the “Project”).North C.V. Waterfront L.P. is an affiliate of
Pacifica Companies, and is defined as the Developer in the accompanying Development
Agreement.The Project is intended to be constructed in phases over the length of the
Development Agreement.
EXHIBIT C
PHASE IPROJECTAPPROVALS
•Development Agreement
•Tentative subdivision map
•CoastalDevelopmentPermit
•Local Coastal Program Amendment
•Design Review approval
J STREET SEWER IMPROVEMENTS
J STREET SWEEP IMPROVEMENTS
EXHIBIT F
RESERVED
EXHIBIT G
RESERVED
EXHIBIT H
RESERVED
RESERVED
ASSIGNMENT AND ASSUMPTION AGREEMENT
ASSIGNMENT AND ASSUMPTION AGREEMENT
ASSIGNMENT AND ASSUMPTION OF
DEVELOPMENT AGREEMENT AMONG CITY OF CHULA VISTA AND
THIS ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT
(“Assignment”) is made as of the ___ day of __________, 20__ (Effective Date), by and
among the(“Developer”) and
(“Assignee”) withreference to the following facts:
RECITALS
A.Developer has entered into that certain Development
Agreement, dated ______, ____ by and between the City of Chula Vista
(“City”), on the one hand, and the X
B.and Y Capital Partners on the other hand (“Agreement)
for certain real property consisting of approximately_______ acres of
land located in the City, more particularly described in Exhibit “A”
(“Property”).
C.Developer desires to assign and delegate, and Assignee desires to accept and
assume, all of Developer’s rights and obligations under the Agreement in accordance with the
terms and conditions set forth herein.
D.By signing this Assignment, City approves the Assignment in accordance with the
terms and conditions set forth herein and in the Agreement.
AGREEMENT
NOW, THEREFORE,for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Developer and Assignee do hereby agree as follows:
1.Assignment and Assumption. Effective as of the Effective Date,Developer
hereby assigns, transfers, and conveys to Assignee all of Developer’s rights, interest, duties,
liabilities, and obligations in, to, and under the Agreement, and Assignee hereby accepts and
assumes all such rights, interests, duties, liabilities,and obligations under the Agreement from
Developer for \[the Property or a portion of the Property\] (“Assigned Property”) \[, except to the
extent Developer has retained a portion of the Property (the “Retained Property”)\].
2.City Consent to Assignment.Effective as of the Effective Date, City hereby
consents to the Assignment and hereby fully releases and forever discharges Developer from any
and all obligations to City under the Agreement for the Assigned Property, \[except Developer’s
obligations with respect to the Retained Property\].
3.Entire Agreement. This Agreement represents the final and entire agreement
between the parties in connection with the subject matter hereof, and may not be modified except
by a written agreement signed by both Developerand Assignee.
G-2
60093.00023\\8457554.1
4.Governing Law. This Agreement has been prepared, negotiated, and executed in,
and shall be construed in accordance with, the laws of the State of California, without regard to
conflict of law rules.
IN WITNESS WHEREOF, the parties heretohave executed this Agreement as of the date
first above written.
Developer:
By:
Assignee:
By:
Name:
Its:
City:
City of Chula Vista,
a California Municipal Corporation
By:
Name:
Its:
K
RESERVED
EXHIBIT L
PROJECT ENTITLEMENTS
•Chula VistaBayfront MasterPlan,as jointly approved by the San Diego Port Authority
Board of Commissioners and City Council of Chula Vista, 2005
•Chula Vista Bayfront Master Plan certified Environmental Impact Report,as jointly
approved by the San Diego Port Authority Board of Commissioners and City Council of
Chula Vista, 2010
•Chula Vista Bayfront Master Plan, as approved by the California Coastal Commission, 2012
•City ofChula VistaBayfront Specific Plan,Local Coastal Program, “LCP”, 2012
•City of Chula Vista Bayfront Land Use Plan, 2012
•Chula Vista Multiple Species Conservation Plan Subarea Plan (“Subarea Plan”), 2013
SECOND READING AND ADOPTION
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND NORTH C.V. WATERFRONT L.P. FOR
THE DEVELOPMENT OF APPROXIMATELY 33 ACRES OF
LAND LOCATED IN THE HARBOR DISTRICT OF THE
CHULA VISTA BAYFRONT MASTER PLANAREA
WHEREAS, the property which is the subject matter of this ordinance is identified in the
Development Agreement as “Exhibit A” on file in the office of the City Clerk, consisting of
approximately 33 acres of land located in the Harbor District of the Chula Vista Bayfront Master
Plan (“Property”); and
WHEREAS, the Development Services Director has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
project was covered in previously certified Environmental Impact Report UPD#83356-EIR-
658/SCH#2005081077. Thus, no additional environmental review is required; and
WHEREAS, the Planning Commission set the time and place for a hearing on said
Development Agreement and notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the City and its mailing to property owners
within 500 feet of the exterior boundaries of the Property at least ten days prior to the hearing;
and
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.
July 11, 2018, in the Council Chambers, 276 Fourth Avenue, and the Planning Commission
voted 0-0-0-0 to approve Planning Commission Resolution PCM18-01 recommending to the
City Council approval of the Development Agreement between the City of Chula Vista and
North C.V. Waterfront L.P. for the development of approximately 33 acres of land located in the
Harbor District of the Chula Vista Bayfront Master Plan Area (“Development Agreement”); and
WHEREAS, on July 17, 2018, a duly noticed public hearing was scheduled before the
City Council of the City of Chula Vista to consider adopting the ordinance to approve the
Development Agreement; and
WHEREAS, staff has reviewed the Development Agreement and determined it to be
consistent with the City’s General Plan and Local Coastal Program, both as amended; and
WHEREAS, North C.V. Waterfront L.P. (“Developer”) requested a variance from the
City’s Balanced Communities Policy (“BCP”), as amended, on the basis that special
circumstances exist that are unique to the development including significant unique public
benefits that will be provided to the community;
C:\\Users\\legistar\\AppData\\Local\\Temp\\BCL Technologies\\easyPDF 8\\@BCL@8C2FF873\\@BCL@8C2FF873.docx
Ordinance
Page 2
WHEREAS, the Director of Development Services obtained further information
regarding the Developer’s request and performed an independent evaluation of such request; and
WHEREAS, the City Manager recommends that the City Council approve the
Developer’s request for a variance after his consideration of: (i) the independent evaluation of
the Director of Development Services, (ii) the unique public benefits of the development as
described in Recitals J, K, and L of the proposed Development Agreement,and (iii) the specific
factors to be consideredas provided in the BCP.
NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section I.Planning Commission Record
The proceedings and all evidence introduced before the Planning Commission at their
public hearing held on July 11, 2018 and the minutes and resolutions resulting therefrom, are
hereby incorporated into the record of this proceeding. These documents, along with any
documents submitted to the decision makers, shall comprise the entire record of the proceedings
for any California Environmental Quality Act (CEQA) claims.
Section II.Compliance with CEQA
The City Council hereby finds, based upon their independent review and judgement, that
the adoption of the ordinance approving the Development Agreement for the project, as
described and analyzed in the certified Environmental Impact Report UPD#83356-EIR-
658/SCH#2005081077, would have no new effects that were not examined in said certified EIR
(CEQA Guideline 15168 (c)(2)).
Section III.Consistency with General Plan and Local Coastal Program
The City Council finds that the proposed Development Agreement is consistent with the
City’s General Plan and the City’s Local Coastal Program, both as amended. The Development
Agreement implement the General Plan and the Local Coastal Program by providing a
comprehensive program to implement the Project, as approved.
Section IV.Variance fromBalanced Communities Policy
The City Council finds that the proposed development provides unique public benefits to
the community, including those described in Recitals J, K, and L of the proposed Development
Agreement, which constitute special circumstances justifying the approval of Developer’s
request for a variance from the City’s Balanced Communities Policy.
Section V.Action
The City Council hereby adopts an Ordinance approving the Development Agreement
between the City of Chula Vista and North C.V. Waterfront L.P. for the development of
approximately 33 acres of land located in the Harbor District of the Chula Vista BayfrontMaster
Plan Area (a copy of which is on file with the City Clerk’s Office), finding it consistent with the
California Government Code, adopted City policies, the General Plan, and the City’s certified
Ordinance
Page 3
Local Coastal Program, and approving North C.V. Waterfront L.P.’s request for a variance from
the City’s Balanced Communities Policy based on the findings herein.
Section VI.Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section VII.Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section VIII.Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section IX. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented byApproved as to form by
_________________________________________________________________________
Kelly G. Broughton, FASLAGlen R. Googins
Director of Development ServicesCity Attorney
July 17, 2018 File ID: 18-0274
ERRATA SHEET
Additional recitals to be added to the end of Recital J of the Development Agreement between
the City of Chula Vista and North C.V. Waterfront L.P. (Recital J begins on page 2)
(9)Developer agreed to provide 0.5% of the initial sales price of any individual residential units
(excluding brokers commissions and costs of sale) to a joint powers authority (JPA) to be formed by the
Port District, the City, and the Redevelopment Agency of the City of Chula Vista, to allow the JPA to support
projects and activities within the Chula Vista Bayfront and western Chula Vista that concern Natural
Resources, Affordable Housing, Sustainability/Livability, and/or Community Impacts & Culture;
(10)Developer agreed to jointly found a non-profit Community Benefits Foundation with a
number of organizations, including but not limited to the Environmental Health Coalition, San Diego
Audubon Society, San Diego Coastkeeper, Coastal Environmental Rights Foundation, Southwest Wetlands
Interpretative Association, Surfrider Foundation, San Diego Chapter, and Empower San Diego (jointly, the
Bayfront Coalition), and to endow that Foundation with two sources of income: (a) 0.5% of the net sale
proceeds (including loan repayments) to be distributed to any residential homebuyer from the resale of any
residential unit sold within the first seven (7) years from the initial sale date, and (b) two-thousand dollars
($2,000.00) per hotel room developed within the Project, payable in five equal annual installments
commencing on the first anniversary date of the opening of any such hotel. The Community Benefits
Foundation will take these funds, other public and private grants and gifts, and any other funds that may
become available, and distribute such funds as determined by the Community Benefits Foundation Board of
Directors to specific public benefit projects and activities within the Chula Vista Bayfront and western Chula
Vista that concern Natural Resources, AffordableHousing, Sustainability/Livability, and/or Community
Impacts & Culture.
Staff Contact: Tiffany Allen, Assistant Director of Development Services
Page|1
July 24, 2018 File ID: 18-0302
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $103,078 FROM THE
STATE OF CALIFORNIA DEPARTMENT OF JUSTICE AND APPROPRIATING SAID FUNDS TO THE POLICE
GRANTS SECTION OF THE FEDERAL GRANTS FUND FOR THE TOBACCO LAW ENFORCEMENT GRANT (4/5
VOTE REQUIRED)
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
In November 2016, the citizens of the State of California approved Proposition 56, California Healthcare,
Research and Prevention Tobacco Tax Act of 2016. This legislation increased state tobacco taxes and also
levied a new tax on electronic cigarettes. Beginning July 2017, funds from Proposition 56 were used to
address the array of critical healthcare, research, and public health needs throughout the state. Funds have
been allocated to the Chula Vista Police Department for conducting tobacco retailer inspections and
educational awareness to the community. The Police Department will continue to apply for funding as new
tax revenues are generated in future years.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and has determined that the activity is not a Project as
defined under Section 15378 of the State CEQA Guidelinesbecauseitwillnotresultinaphysicalchangein
theenvironment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is
not subject to CEQA.Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not Applicable
DISCUSSION
In November 2016, the citizens of the State of California approved Proposition 56, California Healthcare,
Research and Prevention Tobacco Tax Act of 2016. Proposition 56 increased the tobacco tax by $2.00,
bringing the total tobacco tax up to $2.87 per pack of cigarettes. The tobacco tax was levied on other
tobacco products and e-cigarettes as well. Revenue from the additional tax has been allocated to physician
training, prevention and treatment of dental diseases, Medi-Cal, tobacco-use prevention, research into
Page|1
cancer, heart and lung diseases, other tobacco-related diseases, and school programs focusing on tobacco-
use prevention and reduction.
A Memorandum of Understanding between the Department of Justice and the Chula Vista Police
Department has been created to outline the disbursement of the tobacco tax funds. The State of California
has allocated $48 million to enforcing tobacco laws, with $103,078 allocated specifically to The Chula Vista
Police Department. The Police Department will use the fundsto conduct tobacco retailer inspections and
enforcement operations, install tobacco signage, release advisories and statistics, and implement a juvenile
diversion program.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific
and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11),
is not applicable to this decision for purposes of determining a disqualifying real property-related financial
conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any City Councilmember, of any other fact
that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The Citys Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community. \[Insert language regarding
the item's link to the Citywide strategic goals. Funds received from Proposition 56 support the goal of
Strong and Secure Neighborhoods and Healthy Community by providing enforcement presence at tobacco
retailers and also by providing educational awareness to the community.
CURRENT-YEAR FISCAL IMPACT
Approval of this resolution will result in a one-time appropriation of $49,450to the personnel and supplies
and services categories of the FY19 Police Grants section of the Federal Grant Fund. The funding from the
State of California Department of Justice will completely offset these costs, resulting in a no net fiscal
impact to the General Fund.
ONGOING FISCAL IMPACT
Adoption of this resolution will also direct staff to appropriate $53,628 in the personnel and supplies and
servicescategory of the FY20 Police Grants section of the Federal Grant Fund.
ATTACHMENTS
None
Staff Contact: Maritza Vargas, Police Department
Page|2
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING $103,078 FROM THE STATE OF
CALIFORNIADEPARTMENTOFJUSTICE AND
APPROPRIATING SAID FUNDSTO THE POLICE GRANTS
SECTION OF THE FEDERAL GRANTS FUND FOR THE
TOBACCO LAW ENFORCEMENT GRANT
WHEREAS, in November 2016, the citizens of the State of California approved
Proposition 56, which increased state tobacco taxes and levied a new tax of electronic cigarettes;
and
WHEREAS, this legislation provides fundingto address an array of critical healthcare,
research, and public health needs; and
WHEREAS, the State of California has allocated $48 million to enforcing tobacco laws,
with $103,078 allocated specifically to the Chula Vista Police Department; and
WHEREAS, the Chula Vista Police Department will use the funds to conduct tobacco
retailer inspections and enforcement operations, install tobacco signage, release advisories and
statistics, and implement a juvenile diversion program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it accepts $103,078 from the State of California Department of Justice for the tobacco
law enforcement grant.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
appropriates said funds as follows: $43,495to FY2018/2019 personnel, $3,600 to supplies and
servicesand $2,355 to Other Expensescategories of the Police Grants section of the Federal
Grants Fund.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it
additionally directs staff to include $53,628 in the subsequent FY2019/2020 budget in the Police
Grants Section of the Federal Grants Fund.
Presented byApproved as to form by
Roxana KennedyGlen R. Googins
Chief of PoliceCity Attorney
July 24, 2018 File ID: 18-0304
TITLE
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING SPECIAL TAXES TO BE
COLLECTED TO PAY THE COSTS OF FACILITIES AND SERVICES FOR COMMUNITY FACILITIES DISTRICTS
97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 07-I, 08-I, 08-M, 09-M, 11-M, 12-I,
12-M, 13-I, 13-M, 14-M, 16-I, 17-I, 18-M AND 19-M WITHIN THE CITY OF CHULA VISTA AND DESIGNATING
THE DIRECTOR OF FINANCE/TREASURER TO FILE A LIST OF TAXES TO BE LEVIED ON EACH PARCEL
WITH THE COUNTY AUDITOR EACH YEAR
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING SPECIAL TAXES TO BE
COLLECTED TO PAY THE COSTS OF FACILITIES AND SERVICES FOR COMMUNITY FACILITIES DISTRICTS
06-I AND 07-M, WITHIN THE CITY OF CHULA VISTA AND DESIGNATING THE DIRECTOR OF FINANCE/
TREASURER TO FILE A LIST OF TAXES TO BE LEVIED ON EACH PARCEL WITH THE COUNTY AUDITOR
EACH YEAR
RECOMMENDED ACTION
Council adopt the resolutions.
SUMMARY
Twenty-seven (27) Community Facilities Districts (CFDs) were formed during Fiscal Years 1998-2018.
Each year, a special tax must be levied in each of the districts to repay bondholders, or to fund the
maintenance of open space preserve areas and other public facilities. This item authorizes the Director of
Finance to oversee the annual levy of special taxes, at the same or at a lower rate authorized by the
applicable ordinance for CFDs 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 06-I,
07-I, 07-M, 08-M, 08-I, 09-M, 11-M, 12-M, 12-I, 13-M, 13-I, 14-M, 16-I, 17-I, 18-M and 19-M for Fiscal Year
2018-19, and subsequent Fiscal Years in conformance with provisions of the California Government Code.
ENVIRONMENTAL REVIEW
TheDirector of Development Services hasreviewedtheproposedactivityforcompliancewiththe
CaliforniaEnvironmentalQualityAct(CEQA) andhasdeterminedthattheactivityisnota Projectas
definedunderSection15378oftheStateCEQAGuidelinesbecauseit consists of a governmental fiscal
activity that will not result in direct or indirect adverse physical changes to the environment; therefore,
pursuanttoSection15060(c)(3)oftheStateCEQAGuidelines,the activityis notsubjecttoCEQA. Thus, no
environmental review is required.
Page|1
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
In January 1998, City Council adopted the City of Chula Vista Statement of Goals and Policies Regarding the
Establishment of CommunityFacilities Districts. This document allowed the use of CFDs as a public
financing mechanism for:
Acquisition and/or construction of public improvements and facilities
Financing of authorized public services; and
To repay bonded indebtedness or other related expenses.
From Fiscal Year 1998-99 through 2018-19, twenty-seven (27) CFDs were formed in the Otay Ranch,
Sunbow II, San Miguel Ranch, Eastlake, and Rolling Hills Ranch areas, as detailed in Exhibit 1. Each CFD has
one of two primary purposes:
1) Infrastructure CFD -fund the acquisition or construction of infrastructure, or
2) Maintenance CFD -fund ongoing maintenance services of public facilities.
Annually, the CFDs lists of taxable parcels are levied special taxes. The special taxes for the Infrastructure
CFDs fund the repayment of limited liability bonds. This repayment schedule is set at the time the bonds
are issued by the CFDs debt service schedule. The special taxes for the Maintenance CFDs pay for the
maintenance efforts of open space areas and other public facilities, such as parks. The Maintenance CFDs
are included within the Citys annual Operating Budget.
Given that the Infrastructure CFDs debt service schedules are set at the time of bond issuance, and
Maintenance CFDs are already included in the annual budget process, Staff is recommending this item
pursuant to the California Government Code, which provides City Council the option to authorize a City
Official, in this case the Director of Finance/Treasurer, to file the lists of taxable parcels with the County
Auditor-Controller for Fiscal Year 2018-19, and subsequent fiscal years. The rates of the special taxes that
will be levied on taxable parcels within each CFD will not exceed the rates of the special taxes that are
authorized to be levied within each District by the applicable ordinance for each respective CFD. This
modification will remove the current duplication of efforts within the budgeting process.
Maximum Rate & Actual Rate
The City makes the distinctionbetween the maximum special tax rate and the amount that the City may
collect against the special tax rate (i.e., the actual rate). Each year, the maximum special taxes are
calculated via the product of the prior fiscal years maximum special tax rates and an inflation factor as
defined in each CFDs special tax formula.
The actual rate, on the other hand, is the amount collected from property owners and is equal to, or lower
than, the maximum special tax rate. The actual rate is based on the budget, thereserve requirement, fund
balances, earned interest, and prior years savings.
Page|2
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found that potential conflicts exist; in
that a member has property holdings within 500 feet of the Community Facilities Districts listed below by
City Council member. Consequently, pursuant to California Code of Regulations Title 2, sections 18700 and
18702.2(a)(11), this item presents a disqualifying real property-related financial conflict of interest under
the Political Reform Act (Cal. Gov't Code § 87100, et seq.) for the members identified below:
Councilmember McCann and Councilmember Padilla -For CFD 06-I and CFD 07-M, which are the subject of
Resolution B of this action.
Staff is not independently aware, and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The Citys Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community. Approval of this item removes
duplication of City Council and Staff budgeting efforts, and thus promoting Operational Excellence and
additional capacity to serve the Citys stakeholders.
CURRENT-YEAR FISCAL IMPACT
Infrastructure CFDs
The Fiscal Year 2018-19 scheduled debt service for Infrastructure CFDs totals $12,691,814. Projected
special tax revenues will be sufficient to cover these amounts with no impact to the General Fund.
Maintenance CFDs
The full cost of providing maintenance services in the Maintenance CFDs totals $12,936,583for Fiscal Year
2018-19. This entire amount is recovered through the CFDs' special tax levies and reserves, resulting in no
net impact to the General Fund.
ONGOING FISCAL IMPACT
The ongoing costs of funding the scheduled debt service payments and providing maintenance services will
be offset through the CFDs' special tax levies and reserves of each CFD. With Staff continuing to carefully
monitor expenses, adjust budgets annually as needed and sustaining sufficient reserves, the CFDs will
continue to be able to repay bondholders and fund the required maintenance within the Citys public
facilities.
ATTACHMENTS
1.CFDs within the City of Chula Vista
Staff Contact: Mike Sylvia, MBA CPFO, Finance & Purchasing Manager
Page|3
RESOLUTIONNO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
LEVYING SPECIAL TAXES TO BE COLLECTED TO PAY THE COSTS OF
FACILITIES AND SERVICES FOR COMMUNITY FACILITIES DISTRICTS
97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 07-I, 08-I,
08-M, 09-M, 11-M, 12-I, 12-M, 13-I, 13-M, 14-M, 16-I, 17-I, 18-M AND 19-M
WITHIN THE CITY OF CHULA VISTA AND DESIGNATING THE
DIRECTOR OF FINANCE/TREASURER TO FILEA LIST OF TAXES TO BE
LEVIED ON EACH PARCEL WITH THE COUNTY AUDITOR EACH YEAR
WHEREAS, the following Community Facilities Districts (CFD)s were previously
established within the City of Chula Vista (“City”) in accordance with the “The Mello-Roos
Community Facilities Act of 1982” (“The Act”): 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2,
2000-1, 2001-1, 2001-2, 07-I, 08-I, 08-M, 09-M, 11-M, 12-I, 12-M, 13-I, 13-M, 14-M, 16-I, 17-
I, 18-M, 19-M; and
WHEREAS, it is necessary that the City Council (the “City Council”) of the City of
Chula Vista (the “City”) levy special taxes pursuant to Section 53340 of the California
Government Code (“Section 53340”) for the community facilities districts within the City listed
on Exhibit A attached hereto (each a “Community Facilities District” and collectively, the
“Community FacilitiesDistricts”);
WHEREAS, pursuant to Section 53340(b), the City Council may by resolution provide
for the levy of special taxes in the current and future tax years on parcels of taxable property
within each of the Community Facilities Districts at the same rate or at a lower rate provided by
the applicable ordinance levying special taxes within each Community Facilities District if such
resolution is adopted and a certified list of all parcels subject to the special taxes being levied is
filed with the San Diego County Auditor and Controller (the “County Auditor”) on or before the
10th day of August of each tax year, or later with prior consent of the County Auditor;and
WHEREAS, Section 53340 permits the City Council to authorize a City official to file
the certified list with the County Auditor, and the City Council desires to authorize the City’s
Director of Finance/Treasurer to do so for the 2018-19tax year, and all subsequent tax years;and
WHEREAS, the rates of the special taxes that will be levied on taxable parcels within
each Community Facilities District will not exceed the rates of the special taxes that are
authorized to be levied within each District by the applicable ordinance for each respective
Community Facilities District.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, acting as the legislative body of Community Facilities Districts 97-1, 97-2, 97-3, 98-1, 98-
2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 07-I, 08-I, 08-M, 09-M, 11-M, 12-I, 12-M,13-I,
13-M, 14-M, 16-I, 17-I, 18-M, 19-M, that:
SECTION 1. The above recitals are all true and correct.
1
09960.00000\\29758459.2
SECTION 2. Special taxes shall be and are hereby authorized to be levied for the 2018-
19tax year and in all future tax years on all taxable parcels of real property within each of the
Community Facilities Districts listed in Exhibit A, and shall not exceed the rates of the special
taxes that are authorized to be levied within each Community Facilities District, as provided by
the ordinance levying special taxes within such Community Facilities District. Pursuant to
Section 53340 such special taxes shall be collected in the same manner as ordinary ad valorem
property taxes are collected and shall be subject to the same penalties and the same procedure,
sale and lien priority in case of delinquency as is provided for ad valorem taxes.
SECTION 3. The Director of Finance/Treasurer of the City is designated to file a
certified list of all parcels within each Community Facilities District subject to the special taxes,
including the amount of the special tax to be levied on each parcel for the applicable tax year,
with the County Auditor on orbefore the 10th day of August of each tax year, or later with the
prior consent of the County Auditor, together with a request that the special taxes be collected on
the tax bills for such parcels along with the ordinary ad valorem property taxes to be levied on
and collected from the owners of suchparcels.
SECTION 4. City staff and consultants are hereby authorized and directed to take all
such necessary and further actions to carry out the directives and requirements of thisResolution.
SECTION 5. This Resolution shall become effective upon its adoption.
Presented byApproved as to formby
David Bilby,MSBA,CPFOGlen R.Googins
DirectorofFinance/TreasurerCityAttorney
2
09960.00000\\29758459.2
EXHIBIT A
LIST OF COMMUNITY FACILITIES DISTRICTS
Community Facilities District No.District/Area Name
07-IOtay Ranch Village 11
08-IOtay Ranch Village 6
2001-2McMillin Otay Ranch Village 6
07-IOtay Ranch Village 11 -2nd Bond Sale
2001-1San Miguel Ranch
12-IMcMillin Otay Ranch Village 7
13-IOtay Ranch Village 7 & Village 2
97-3Otay Ranch McMillin Acquisition
99-1 A&BOtay Ranch SPA I
2000-1Sunbow II Villages 5 -10
2001-1San Miguel Ranch
97-1Otay Ranch (Area A)
97-1Otay Ranch (Area B)
97-2Otay Ranch Preserve
98-1Otay RanchVill 1, 2, 6, 7, 12 (Interim)
98-2Otay Ranch Village 6 & 7 (Interim)
98-3Sunbow II (OSD #35)
99-2Otay Ranch Village 1 West
08-M (Area 1)McMillin Otay Ranch Village 6
08-M (Area 2)Otay Ranch Co Village 6
09-MOtay Ranch Village 11 -Brookfield Shea
11-MRolling Hills Ranch Neighborhoods 9 -12
12-MA (Area 1)McMillin Otay Ranch Village 7
12-MB (Area 2)Otay Ranch Village 7
13-MOtay Ranch Village 2
14-MOtay Ranch A -Eastern Urban Center Millenia
Otay Ranch B -Eastern Urban Center Millenia
14-M
Parks
16-IMillenia
17-IWestern Chula Vista
18-MOtay Ranch Village 3
19-MFreeway Commercial 2
A-1
09960.00000\\29758459.2
RESOLUTIONNO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
LEVYING SPECIAL TAXES TO BE COLLECTED TO PAY THE COSTS OF
FACILITIES AND SERVICES FOR COMMUNITY FACILITIES DISTRICTS
06-I AND 07-M WITHIN THE CITY OF CHULA VISTA AND
DESIGNATING THE DIRECTOR OF FINANCE/TREASURER TO FILE A
LIST OF TAXES TO BE LEVIED ON EACH PARCEL WITH THE COUNTY
AUDITOR EACHYEAR
WHEREAS, the following Community Facilities Districts (CFD)s were previously
established within the City of Chula Vista (“City”) in accordance with the “The Mello-Roos
Community Facilities Act of 1982” (“The Act”): 06-I, 07-M; and
WHEREAS, it is necessary that the City Council (the “City Council”) of the City of
ChulaVista (the “City”) levy special taxes pursuant to Section 53340 of the California
Government Code (“Section 53340”) for the community facilities districts within the City listed
on Exhibit A attached hereto (each a “Community Facilities District” and collectively, the
“Community FacilitiesDistricts”);
WHEREAS, pursuant to Section 53340(b), the City Council may by resolution provide
for the levy of special taxes in the current and future tax years on parcels of taxable property
within each of the Community Facilities Districts at the same rate or at a lower rate provided by
the applicable ordinance levying special taxes within each Community Facilities District if such
resolution is adopted and a certified list of all parcels subject to the special taxes being levied is
filed with the San Diego County Auditor and Controller (the “County Auditor”) on or before the
10th day of August of each tax year, or later with prior consent of the County Auditor;and
WHEREAS, Section 53340 permits the City Council to authorize a City official to file
the certified list with the County Auditor, and the City Council desires to authorize the City’s
Director of Finance/Treasurer to do so for the 2018-19tax year, and all subsequent tax years;and
WHEREAS, the rates of thespecial taxes that will be levied on taxable parcels within
each Community Facilities District will not exceed the rates of the special taxes that are
authorized to be levied within each District by the applicable ordinance for each respective
Community Facilities District.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, acting as the legislative body of Community Facilities Districts 06-I, 07-M,that:
SECTION 1. The above recitals are all true and correct.
SECTION 2. Special taxes shall be and are hereby authorized to be levied for the 2018-
19tax year and in all future tax years on all taxable parcels of real property within each of the
Community Facilities Districts listed in Exhibit A, and shall not exceed the rates ofthe special
taxes that are authorized to be levied within each Community Facilities District, as provided by
1
09960.00000\\29758459.2
the ordinance levying special taxes within such Community Facilities District. Pursuant to
Section 53340 such special taxes shall be collected in the same manner as ordinary ad valorem
property taxes are collected and shall be subject to the same penaltiesand the same procedure,
sale and lien priority in case of delinquency as is provided for ad valorem taxes.
SECTION 3. The Director of Finance/Treasurer of the City is designated to file a
certified list of all parcels within each Community Facilities District subject to the special taxes,
including the amount of the special tax to be levied on each parcel for the applicable tax year,
with the County Auditor on or before the 10th day of August of each tax year, or later with the
prior consent of the CountyAuditor, together with a request that the special taxes be collected on
the tax bills for such parcels along with the ordinary ad valorem property taxes to be levied on
and collected from the owners of such parcels.
SECTION 4. City staff and consultants are hereby authorized and directed to take all
such necessary and further actions to carry out the directives and requirements of thisResolution.
SECTION 5. This Resolution shall become effective upon its adoption.
Presented byApproved as to formby
David Bilby,MSBA,CPFOGlen R.Googins
DirectorofFinance/TreasurerCityAttorney
2
09960.00000\\29758459.2
EXHIBIT A
LIST OF COMMUNITY FACILITIES DISTRICTS
Community Facilities District No.District/Area Name
06-I (Area A)Eastlake –Woods, Vistas
06-I (Area B)Eastlake –Land Swap
07-M (Area 1)Eastlake –Woods, Vistas
07-M (Area 2)Land Swap Parcel
A-1
09960.00000\\29758459.2
*´«¸ ΑΓǾ ΑΏΐΗ File ID: 18-0334
TITLE
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY
MANAGER TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TAX AND
ADMINISTRATION FOR IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE
EXAMINATION OF TRANSACTIONS (SALES) AND USE TAX RECORDS
2%#/--%.$%$ !#4)/.
Council adopt the resolutions.
SUMMARY
-half cent
ires that the City take certain actions, including
approving and entering into two agreements with the CDTFA, and authorizing the examination of tax
%.6)2/.-%.4!, 2%6)%7
Environment « .®³¨¢¤
..Environmental Notice
State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is
required.
"/!2$ȝ#/--)33)/.ȝ#/--)44%% 2%#/--%.$!4)/.
Not applicable.
DISCUSSION
In accordance with the Revenue and Taxation Code, the CDTFA will administer the TUT on behalf of the
City. In order to do so, the CDTFA requires that the City adopt two resolutions. The first resolution
approves, and authorizes the City Manager to sign, the following two agreements between the City and the
these agreements will enable the CDTFA to perform the preparatory work it must do in order to administer
and operate the TUT for the City. This work includes designing and printing forms, developing instructions
tğŭĻ Њ
for staff and taxpayers, developing appropriate regulations, and other necessary tasks. The agreement
details the types of costs that will be included, how the costs will be accounted for, and how the City will be
billed. The agre
agreement is consistent with the requirements of the Revenue and Taxation Code. It includes provisions
regarding how the TUT will be administered by the CDTFA, how and when the tax funds will be remitted to
deducted from taxes collected).
employees to have access to such records: (i) City Manager; (ii) Assistant City Manager; (iii) Deputy City
Hinderliter, de Llamas and Associates, to examine the records, pursuant to its contract with the City.
After City Council approval of the resolutions, City staff will transmit the signed agreements, certified
resolutions, and other required documents to the CDTFA. The CDTFA will begin collecting the TUT on
October 1, 2018.
DECISION-MAKE2 #/.&,)#4
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific
and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11),
is not applicable to this decision for purposes of determining a disqualifying real property-related financial
conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision maker conflict of interest in this matter.
,).+ 4/ 342!4%')# '/!,3
Community, Strong an
be used to improve City facilities, thereby, benefitting neighborhoods and communities.
CURRENT-9%!2 &)3#!, )-0!#4
The Preparation Agreement requires the City to pay CDTFA costs up to $175,000. These costs will be
incurred in the current fiscal year.
/.'/).' &)3#!, )-0!#4
-
costs will be deducted from the tax funds collected by the CDTFA, prior to the funds being remitted to the
City.
ATTACHMENTS
1. Resolution Approving, and Authorizing City Manager to Execute, Agreements with the California
Department of Tax and Administration for Implementation of a Local Transactions and Use Tax
Use
tğŭĻ Ћ
Tax Ordinance
b. Exhibit B: Agreement for State Administration of City Transactions and Use Taxes
2. Resolution Authorizing the Examination of Transactions (Sales) and Use Tax Records
3³ ¥¥ #®³ ¢³Ȁ *¨«« $ȁ3ȁ - « £Ǿ !²²¨²³ ³ #¨³¸ !³³®±¤¸
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RESOLUTION NO.
RESOLUTIONOF THE CITY COUNCIL OF THE CITY OF CHULA
VISTAAUTHORIZINGTHE CITY MANAGERTO EXECUTE
AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TAX
AND FEE ADMINISTRATIONFOR IMPLEMENTATION OF A
LOCAL TRANSACTIONS AND USE TAX
th
WHEREAS, onthe 27of February 2018, the City of Chula Vista approved Ordinance No.
3415providing for a local transactions and use tax; and
WHEREAS, the California Department of Tax and Fee Administration(CDTFA) administers
and collects the transactions and use taxes for all applicable jurisdictions within the state; and
WHEREAS, the CDTFAwill be responsible to administer and collect the transactions and use
tax for the City of Chula Vista; and
WHEREAS, the CDTFArequires that the City of Chula Vista enter into a “Preparatory
Agreement” and an “Administration Agreement” prior to implementation of said taxes;and
WHEREAS, the CDTFArequires that the City of Chula Vista authorize the agreements;
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Chula Vista that
the attached “Preparatory Agreement” and “Administrative Agreement” are hereby approved in the
form presented and the City Manager is hereby authorized to execute each agreement.
Presented by:Approved as to form by:
Gary HalbertGlen R. Googins
City ManagerCity Attorney
AGREEMENT FOR PREPARATION TO ADMINISTER AND OPERATE
CITY'S TRANSACTIONS AND USE TAX ORDINANCE
In order to prepare to administer a transactions and use tax ordinance adopted in accordance
with the provision of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and
Taxation Code, the City of Chula Vista, hereinafter called City, and the CALIFORNIA
DEPARTMENT OF TAX AND FEE ADMINISTRATION, hereinafter called Department,do agree
as follows:
1.The Department agrees to enter into work to prepare to administer and operate transactions
and use tax in conformity with Part 1.6 of Division 2 of the Revenue and Taxation Code which has
been approved by a majority of the electors of the City and whose ordinance has been adopted by the
City.
2.City agrees to pay to the Department at the times and in the amounts hereinafter specified
all of the Department's costs for preparatory work necessary to administer the City's transactions and
use tax ordinance. The Department's costs for preparatory work include costs of developing
procedures, programming for data processing, developing and adopting appropriate regulations,
designing and printing forms, developing instructions for the Department's staff and for taxpayers, and
other appropriate and necessary preparatory costs to administer a transactions and use tax ordinance.
These costs shall include both direct and indirect costs as specified in Section 11256 of the
Government Code.
3.Preparatory costs may be accounted for in a manner which conforms to the internal
accounting and personnel records currently maintained by the Department. The billings for costs may
be presented in summary form. Detailed records of preparatory costs will be retained for audit and
verification by the City.
4.Any dispute as to the amount of preparatory costs incurred by the Department shall be
referred to the State Director of Finance for resolution, and the Director's decision shall be final.
5.Preparatory costs incurred by the Department shall be billed by the Department
periodically, with the final billing within a reasonable time after the operative date of the ordinance.
City shall pay to the Department the amount of such costs on or before the last day of the next
succeeding month following the month when the billing is received.
Agreement for Preparation to Administer and OperateCity's Transactions and Use Tax Ordinance
1of 2
6.The amount to be paid by City for the Department's preparatory costs shall not exceed one
hundred seventy-five thousand dollars ($175,000) (Revenue and Taxation Code Section 7272.)
7.Communications and notices may be sent by first class United States mail.
Communications and notices to be sent to the Department shall be addressed to:
California Department of Tax and Fee Administration
P.O. Box 942879MIC: 27
Sacramento, California 94279-0027
Attention: Supervisor
Local Revenue Branch
Communications and notices to be sent to City shall be addressed to:
David Bilby
Director of Finance
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
8.The date of this agreement is the date on which it is approved by the Department of General
Services. This agreement shall continue in effect until the preparatory work necessary to administer
City's transactions and use tax ordinance has been completed and the Departmenthas received all
payments due from City under the terms of this agreement.
CITY OF CHULA VISTACALIFORNIA DEPARTMENT OF TAX AND
FEE ADMNISTRATION
ByBy
GARY HALBERTLocal Revenue Branch Administrator
City Manager
APPROVED AS TO FORM
By
GLEN R. GOOGINS
City Attorney
Agreement for Preparation to Administer and OperateCity's Transactions and Use Tax Ordinance
2of 2
AGREEMENT FOR STATE ADMINISTRATION
OF CITY TRANSACTIONS AND USE TAXES
The City Council of the City of Chula Vista has adopted, and the voters of the City of Chula
Vista (hereafter called “City” or “District”) have approved by the required majority vote, the City of
Chula Vista Transactions and Use Tax Ordinance (hereafter called “Ordinance”), a copy of which is
attached hereto. To carry out the provisions of Part 1.6 of Division 2 of the Revenue and Taxation
Code and the Ordinance, the California State Department of Tax and Fee Administration, (hereinafter
called the “Department”) and the City do agree as follows:
ARTICLE I
DEFINITIONS
Unless the context requires otherwise, wherever the following terms appear in the Agreement,
they shall be interpreted to mean the following:
1."District taxes" shall mean the transactions and use taxes, penalties, and interest imposed
under an ordinance specifically authorized by Revenue and Taxation Code Section 7285.9, and in
compliance with Part 1.6, Division 2 of the Revenue and Taxation Code.
2."City Ordinance" shall mean the City's Transactions and Use Tax Ordinance referred to
above and attached hereto, Ordinance No. 3415, as amended from time to time, or as deemed to be
amended from time to time pursuant to Revenue and Taxation Code Section 7262.2.
ARTICLE II
ADMINISTRATION AND COLLECTION
OF CITY TAXES
A.Administration. The Department and City agree that the Department shallperform
exclusively all functions incident to the administration and operation of the City Ordinance.
Agreement for State Administration of City Transactions and Use Taxes
1of 7
B.Other Applicable Laws.City agrees that all provisions of law applicable to the
administration and operation of the Department Sales and Use Tax Lawwhich are not inconsistent
with Part 1.6 of Division 2 of the Revenue and Taxation Code shall be applicable to the administration
and operation of the City Ordinance. City agrees that money collected pursuant to the City Ordinance
may be deposited into the State Treasury to the credit of the Retail Sales Tax Fund and may be drawn
from that Fund for any authorized purpose, including making refunds, compensating and reimbursing
the Department pursuant to Article IV of this Agreement, and transmitting to City the amount to which
City is entitled.
C.Transmittal of money.
1.For the period during which the tax is in effect, and except as otherwise provided herein, all
district taxes collected under the provisions of the City Ordinance shall be transmitted to City
periodically as promptly as feasible, but not less often than twice in each calendar quarter.
2.For periods subsequent to the expiration date of the tax whether by City’s self-imposed
limits or by final judgment of any court of the State of California holding that City’s ordinance is
invalid or void, all district taxes collected under the provisions of the City Ordinance shall be
transmitted to City not less than once in each calendar quarter.
3.Transmittals may be made by mail or electronic funds transfer to an account of the City
designated and authorized by the City. A statement shall be furnished at least quarterly indicating the
amounts withheld pursuant to Article IV of this Agreement.
D.Rules. The Department shall prescribe and adopt such rules and regulations as in its
judgment are necessary or desirable for the administration and operation of the City Ordinance and the
distribution of the district taxes collected thereunder.
E.Preference. Unless the payor instructs otherwise, and except as otherwise provided in this
Agreement, the Department shall give no preference in applying money received for state sales and use
taxes, state-administered local sales and use taxes, and district transactions and use taxes owed by a
taxpayer, but shall apply moneys collected to the satisfaction of the claims of the State, cities, counties,
cities and counties, redevelopment agencies, other districts, and City as their interests appear.
Agreement for State Administration of City Transactions and Use Taxes
2of 7
F.Security. The Department agrees that any security which it hereafter requires to be
furnished by taxpayers under the State Sales and Use Tax Law will be upon such terms that it also will
be available for the payment of the claims of City for district taxes owing to it as its interest appears.
The Department shall not be required to change the terms of any security now held by it, and City shall
not participate in any security now held by the Department.
G.Records of the Department. When requested by resolution of the legislative body of the
City under section 7056 of the Revenue and Taxation Code, the Department agrees to permit
authorized personnel of the City to examine the records of the Department, including the name,
address, and account number of each seller holding a seller’s permit with a registered business location
in the City, pertaining to the ascertainment of transactions and use taxes collected for the City.
Information obtained by the City from examination of the Department's records shall be used by the
City only for purposes related to the collection of transactions and use taxes by the Department
pursuant to this Agreement.
H.Annexation. City agrees that the Department shall not be required to give effect to an
annexation, for the purpose of collecting, allocating, and distributing District transactions and use
taxes, earlier than the first day of the calendar quarter which commences not less than two months after
notice to the Department. The notice shall include the name of the county or counties annexed to the
extended City boundary. In the event the City shall annex an area, the boundaries of which are not
coterminous with a county or counties, the notice shall include a description of the area annexed and
two maps of the City showing the area annexed and the location addressof the property nearest to the
extended City boundary on each side of every street or road crossing the boundary.
ARTICLE III
ALLOCATION OF TAX
A.Allocation. In the administration of the Department's contracts with all districts that
impose transactions and use taxes imposed under ordinances, which comply with Part 1.6 of Division 2
of the Revenue and Taxation Code:
Agreement for State Administration of City Transactions and Use Taxes
3of 7
1.Any payment not identified as being in payment of liability owing to a designated
district or districts may be apportioned among the districts as their interest appear, or, in the discretion
of the Department, to all districts with which the Department has contracted using ratios reflected by
the distribution of district taxes collected from all taxpayers.
2.All district taxes collected as a result of determinations or billings made by the
Department, and all amounts refunded or credited may be distributed or charged to the respective
districts in the same ratio as the taxpayer's self-declared district taxes for the period for which the
determination, billing, refund or credit applies.
B.Vehicles, Vessels, and Aircraft. For the purpose of allocating use tax with respect to
vehicles, vessels, or aircraft, the address of the registered owner appearing on the application for
registration or on the certificate of ownership may be used by the Department in determining the place
of use.
ARTICLE IV
COMPENSATION
The City agrees to pay to the Department as the State's cost of administering the City
Ordinance such amount as is provided for by law. Such amounts shall be deducted from the taxes
collected by the Department for the City.
ARTICLE V
MISCELLANEOUS PROVISIONS
A.Communications. Communications and notices may be sent by first class United States
mail to the addresses listed below, or to such other addresses as the parties may from time to time
designate. A notification is complete when deposited in the mail.
Agreement for State Administration of City Transactions and Use Taxes
4of 7
Communications and notices to be sent to the Department shall be addressed to:
California State Departmentof Tax and Fee Administration
P.O. Box 942879
Sacramento, California 94279-0027
Attention: Administrator
Local Revenue Branch
Communications and notices to be sent to the City shall be addressed to:
David Bilby
Director of Finance
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Unless otherwise directed, transmittals of payment of District transactions and use taxes
will be sent to the address above.
B.Term. The date of this Agreement is the date on which it is approved by the Department of
General Services. The Agreement shall take effect on July 24, 2018. This Agreement shall continue
until December 31 next following the expiration date of the City Ordinance, and shall thereafter be
renewed automatically fromyear to year until the Department completes all work necessary to the
administration of the City Ordinance and has received and disbursed all payments due under that
Ordinance.
C.Notice of Repeal of Ordinance. City shall give the Department written notice of the
repeal of the City Ordinance not less than 110 days prior to the operative date of the repeal.
Agreement for State Administration of City Transactions and Use Taxes
5of 7
ARTICLE VI
ADMINISTRATION OF TAXES IF THE
ORDINANCE IS CHALLENGED AS BEING INVALID
A.Impoundment of funds.
1.When a legal action is begun challenging the validity of the imposition of the tax, the
City shall deposit in an interest-bearing escrow account, any proceeds transmitted to it under
Article II. C., until a court of competent jurisdiction renders a final and non-appealable judgment that
the tax is valid.
2.If the tax is determined to be unconstitutional or otherwise invalid, the City shall
transmit to the Department the moneys retained in escrow, including any accumulated interest, within
ten days of the judgment of the trial courtin the litigation awarding costs and fees becoming final and
non-appealable.
B. Costs of administration. Should a final judgment be entered in any court of the State of
California, holding that City's Ordinance is invalid or void, and requiring a rebateor refund to
taxpayers of any taxes collected under the terms of this Agreement, the parties mutually agree that:
1.Department may retain all payments made by City to Department to prepare to
administer the City Ordinance.
2.City will pay to Department and allow Department to retain Department's cost of
administering the City Ordinance in the amounts set forth in Article IV of this Agreement.
3.City will pay to Department or to the State of California the amount of any taxes plus
interest and penalties, if any, that Department or the State of California may be required to rebate or
refund to taxpayers.
4.City will pay to Department its costs for rebating or refunding such taxes, interest, or
penalties. Department's costs shall include its additional cost for developing procedures for processing
the rebates or refunds, its costs of actually making these refunds, designing and printing forms, and
developing instructions for Department's staff for use in making these rebates or refunds and any other
Agreement for State Administration of City Transactions and Use Taxes
6of 7
costs incurred by Department which are reasonably appropriate or necessary to make those rebates or
refunds. These costs shall include Department's direct and indirect costs as specified by Section 11256
of the Government Code.
5.Costs may be accounted for in a manner, which conforms to the internal accounting,
and personnel records currently maintained by the Department. The billings for such costs may be
presented in summary form. Detailed records will be retained for audit and verification by City.
6.Any dispute as to the amount of costs incurred by Department in refunding taxes shall
be referred to the State Director of Finance for resolution and the Director's decision shall be final.
7.Costs incurred by Department in connection with such refunds shall be billed by
Department on or before the 25th day of the second month following the month in which the judgment
of a court of the State of California holding City's Ordinance invalid or void becomes final. Thereafter
Department shall bill City on or before the 25th of each month for all costs incurred by Department for
the preceding calendar month. City shall pay to Department the amount of such costs on or before the
last day of the succeeding month and shall pay to Department the total amount of taxes, interest, and
penalties refunded or paid to taxpayers, together with Department costs incurred in making those
refunds.
CITY OF CHULA VISTACALIFORNIA DEPARTMENT OF TAX AND
FEE ADMNISTRATION
ByBy
GARY HALBERTLocalRevenue Branch Administrator
City Manager
APPROVED AS TO FORM
By
GLEN R. GOOGINS
City Attorney
Agreement for State Administration of City Transactions and Use Taxes
7of 7
RESOLUTION NO.
RESOLUTION OF THE CITYCOUNCIL OF THE CITYOF CHULA
VISTA AUTHORIZING THE EXAMINATION OF TRANSACTIONS
(SALES) AND USE TAX RECORDS
WHEREAS, pursuant to Ordinance No.3415 ofthe City of Chula Vista hereinafter called
District and Section7270 of the Revenue and Taxation Code, the District entered into a contract with
the California Department of Tax and Fee Administration(CDTFA) to perform all functions incident
to the administration and operation of the Transactions and Use Tax Ordinance; and
WHEREAS, the District deems it desirable and necessary for authorized representatives of the
District to examine confidential transactions and use tax records of the California Department of Tax
and Fee Administrationpertaining to transactions anduse taxes collected by the CDTFAfor the
District pursuant to that contract; and
WHEREAS, Section 7056 of the Revenue and Taxation Code sets forth certain requirements
and conditions for the disclosure of California Department of Tax and Fee Administrationrecords and
establishes criminal penalties for the unlawful disclosure of information contained in or derived from,
the transactions and use tax records of the CDTFA;
NOW, THEREFORE IT IS RESOLVED AND ORDERED AS FOLLOWS:
Section 1. That the City Manager, Assistant City Manager, Deputy City Manager, Director of Finance,
and Revenue Manageror other officer or employeeof the District designated in writing by the City
Managerto the California Dept of Tax and Fee Administration (hereafter referred to asthe CDTFA)
arehereby appointed to represent the District with authority to examine transactions and use tax
records of the CDTFApertaining to transactions and use taxes collected for the District by the CDTFA
pursuant to the contract between the District and the CDTFA. The information obtained by
examination of CDTFA records shall be used only for purposes related to the collection of the
District’s transactions and use taxes by the CDTFApursuant to the contract.
*Section 2. That theDirector of Finance, or other officer or employee of the District designated in
writing by the City Managerto the CDTFAarehereby appointed to represent the District with
authority to examine those transactions and use tax records of the CDTFAfor purposes related to the
following governmental functions of the District:
a) Ensure all businesses within the District are in compliance with the Ordinance;
b) Ensure timely collection of all revenues included within the Ordinance; and
c) Ensure a responsive audit of therevenues is performed on an annual basis.
The information obtained by examination of CDTFArecords shall be used only for those governmental
functions of the District listed above.
-1-
*Section 3. That Hinderliter, de Llamas and Associatesis hereby designated to examine the
transactions and use tax records of the California Department of Tax and Fee Administrationpertaining
to transactions and use taxes collected for the District by the CDTFA. The person or entity designated
by this section meets all ofthe following conditions:
a)has an existing contract with the District to examine those transactions and use tax records;
b)is required by that contract to disclose information contained in, or derived from those
transactions and use tax records only to the officer or employee authorized under Section 1 (or
Section 2) of this resolution to examine the information;
c)is prohibited by that contract from performing consulting services for a retailer during the term
of that contract;
d)is prohibited by that contract from retaining the information contained in, or derived from those
transactions and use tax records after that contract has expired.
NOW, THEREFORE BE IT FURTHER RESOLVEDthat the information obtained by
examination of CDTFArecords shall be used only for purposes related to the collection of District’s
transactions and use taxes by the CDTFApursuant to the contracts between the District and CDTFA.
Presented by:Approved as to form by:
Gary HalbertGlen R. Googins
City ManagerCity Attorney
-2-
July 24, 2018 File ID: 18-0236
TITLE
A.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS
AND COLLECTIBLES FOR THE FISCAL YEAR 2018/2019 FOR OPEN SPACE DISTRICTS 2 THROUGH 7, 11,
14, 15, 17, 18, 20 (ZONES 1 THROUGH 6, 8, AND 9), 23, 24, 26, 31, 33, EASTLAKE MAINTENANCE DISTRICT
NO 1 (ZONES A, B, D, AND E), AND BAY BOULEVARD MAINTENANCE DISTRICT
B.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULAVISTA LEVYING THE ASSESSMENTS
AND COLLECTIBLES FOR THE FISCAL YEAR 2018/2019 FOR OPEN SPACE MAINTENANCE DISTRICT 9, 10
AND TOWN CENTRE MAINTENANCE DISTRICT
C.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS
AND COLLECTIBLES FOR THE FISCAL YEAR 2018/2019 FOR OPEN SPACE DISTRICT 8
D.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS
AND COLLECTIBLES FOR THE FISCAL YEAR 2018/2019 FOR OPEN SPACE DISTRICT 20 (ZONE 7)
E.RESOLUTION OF THE CITYCOUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS
AND COLLECTIBLES FOR THE FISCAL YEAR 2018/2019 FOR OPEN SPACE DISTRICT 1
F.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS
AND COLLECTIBLES FOR THE FISCAL YEAR 2018/2019 FOR EASTLAKE MAINTENANCE DISTRICT 1
(ZONE C)
RECOMMENDED ACTION
Council conduct the public hearing and adopt the resolutions.
SUMMARY
The City administers and maintains 36 Open Space Districts and associated zones that have been
established over the last 30 years. The Open Space Districts provide a financing mechanism to maintain the
public open space areas associated with each specific development. The City Councils approval of the levy
is required by the first week of August in order to meet the annual deadline established by the San Diego
County Auditor-Controller. This item authorizes the assessment of the recommended levy amounts and
ensures that the County Auditor Controller deadlines are met for all 36 of the Citys Open Space Districts.
Page|1
ENVIRONMENTAL REVIEW
TheDirector of Development Services hasreviewedtheproposedactivityforcompliancewiththe
CaliforniaEnvironmentalQualityAct(CEQA) andhasdeterminedthattheactivityisnota Projectas
definedunderSection15378oftheStateCEQAGuidelinesbecauseit consists of a governmental fiscal
activity that will not result in direct or indirect adverse physical changes to the environment; therefore,
pursuanttoSection15060(c)(3)oftheStateCEQAGuidelines,the activityis notsubjecttoCEQA. Thus, no
environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable
DISCUSSION
Open Space Districts (OSDs) were established in conjunction with each development to ensure a financing
mechanism was available for the funding of perpetual maintenance of common open space areas. The City
levies annual assessments within each OSD to cover the costs of maintenance associated with each OSD
area of maintenance. Once City Council approves the annual assessments, they are sent to the County for
inclusion on the secured property tax bills of each affected parcel.
Each year the City Council must take two actions before levying the annual assessment. First, Council
approves the Engineers Report on Open SpaceDistricts (entitled the Annual Open Space Districts
Engineers Report, per the attachment of the same name), declares the City's intention to levy the annual
assessment, and sets the date and time for a public hearing. The first action was completed onJune 19th,
2018 and then continued to June 26th to take Council action. The second action is to conduct the public
hearing, take and consider public testimony, authorize the levy of the annual assessment and set the
amount to be collected against the assessment. Tonights action is the second step in the annual process.
Pursuant to state law and Municipal Code, the City Engineer has prepared and filed the annual report for all
existing Open Space Districts. The report is attached as Exhibit 3 to this agenda statement. Exhibit 1 lists
the names and locations of the Districts. The annual report allows Council to review the history of the Open
Space Districts. The report includes information regarding:
The proposed budgets
Funds remaining in the account
The proposed assessment (based upon prior year assessment plus an inflation factor)
The collectible (the amount needed from each property owner to provide sufficient funds for the
following fiscal years maintenance)
Improvements and Services
The facilities and items to be maintained by the Open Space Districts currently consist and will remain, in
general, of the following:
IrrigationFertilization
AerificationPest Control
Insect infestation controlRemoval of weeds, trash and litter
Removal of noxiousplant materialTrail maintenance
Page|2
Public walkway cleaningLow flow and brow channel maintenance
Weed abatementSlopes and Canyons
Pedestrian light maintenanceSignage within trails/canyons
Pruning of trees and shrubsRepair of irrigation equipment
Irrigation equipment upgradesBrush clearance
Encroachment trimsFencing maintenance
Replacement of dead or diseased plant Retaining walls
material
Assessments & Collectibles
The City of Chula Vista Municipal Code makes the distinction between the assessment and the amount that
the City may collect against the assessment (i.e., the collectible). Each year, the prior years maximum
assessment amount is adjusted by an inflation factor, pursuant to the Municipal Code. This inflation factor
is based upon the lower of two inflation factors: 1) the San Diego Metropolitan Consumer Price Index (CPI),
and 2) the Governors California 4th Quarter per Capita Personal Income Index. In the mid-1990s (and for
all Open Space Districts established after that date), Council approved the assessments with an inflation
factor. Since that date, Council may annually adjust the assessment by this inflation factor without this
adjustment being construed as an increase, and thus being subject to an OSD balloting, per Proposition 218.
The assessments for FY 2018/19 are proposed at the FY 2017/18 amounts adjusted by the inflation factor
of 3.01% pursuant to the Municipal Code. This index is the lower of the two inflation factors mentioned
above, and represents the percentage change in the San Diego Metropolitan Area All Urban Consumer Price
Index (CPI).
The collectible, is the amount to be actually collected from the property owner and is equal to, or lower
than, the proposed assessment. The collectible is based on the budget, the reserve requirement for
operating and asset replacement activities, prior years savings and fund balance, and interest income.
Illustrated in Exhibit 2, are the proposed Assessments and Collectibles for FY 2018/19. The current
amounts in theexhibit are based upon estimated fund balances and EDUs at this time. The Collectibles per
EDU are set at the Assessment per EDU to allow for the collection of up to the maximum amount allowable.
Town Centre LMD: A downtown Property and Business Improvement District (PBID) replaced Town
Centre Landscape Maintenance District (LMD) in 2001. At that time, it was anticipated that the Town
Centre LMD would be dissolved. However, the City determined that there was some potential long-term
exposure for the City based on the remote possibility that the current PBID might not receive sufficient
support for re-approval in the future. If the PBID was not re-approved at some future date, and if the Town
Centre LMD was dissolved, there would no longer be a fundingmechanism for downtown landscape
maintenance.
Based on this possibility, the Town Centre LMD remains open as a contingent district. This means that
the City will set the maximum assessment amount for the District on an annual basis, even though property
Page|3
owners will not be billed any sum on the tax roll. Should the PBID not be re-approved, the Town Centre
LMD will be in place to provide the necessary funding mechanism for downtown landscape maintenance.
The current PBID was renewed with the adoption of Council Resolution No. 2016-122, for a period of ten
(10) years. Given this, the Town Centre LMD will remain a contingent district.
Standard Notice Process for Annual Levy
The public hearing was noticed pursuant to Government Code 6061, which requires that a notice be
published in a newspaper of general circulation at least 10 days before the public hearing.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found that potential conflicts exist; in
that members have property holdings within 500 feet of the Open Space Districts listed below by City
Council member. Consequently, pursuant to California Code of Regulations Title 2, sections 18700 and
18702.2(a)(11), this item presents a disqualifying real property-related financial conflict of interest under
the Political Reform Act (Cal. Gov't Code § 87100, et seq.) for the members identified below:
Mayor Salas For Open Space Districts No. 9, 10, and Towne Center Maintenance District, which are the
subject of Resolution B of this action.
Council Member Aguilar For Open Space District No. 8, which is the subject of Resolution C of this action.
Council Members Aguilar and McCann For Open Space District No. 20 (Zone 7), which is the subject of
Resolution D of this action.
Council Member McCann For Open Space District No. 1, which is the subject of Resolution E of this action.
Council Member Padilla For Eastlake Maintenance District No. 1 (ELMD #1) Zone C, which is the subject
of ResolutionF of this action.
Staff is not independently aware, and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The Citys Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong & Secure Neighborhoods and a Connected Community. Approval of this item is
congruent with the Citys Strategic Plan goal of a Healthy Community by maintaining landscaped open
space areas throughout the city.
CURRENT-YEAR FISCAL IMPACT
For Fiscal Year 2018/2019, the full cost of providing landscape maintenance services in the Open Space
Districts totals $3,564,110 and each district is financially self-sustaining. All landscape maintenance costs
Page|4
are recovered through the OSD collectibles and reserves of each Open Space District. Given this, there is no
direct impact to the General Fund.
ONGOING FISCAL IMPACT
None
ATTACHMENTS
1. City of Chula Vista Open Space Districts
2. Historical and Proposed FY 2018/2019 Assessments/Collectibles
3. Annual Open Space Districts Final Engineers Report
Staff Contact: Mike Sylvia, MBA, CPFO, Finance and Purchasing Manager
Page|5
RESOLUTION NO. 2018-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA LEVYING THE ASSESSMENTS AND
COLLECTIBLES FOR THE FISCAL YEAR 2018/2019FOR
EASTLAKE MAINTENANCE DISTRICT NO. 1 (ZONE C)
WHEREAS, prior to the adoption of this Resolution, the City Council caused the
formation of various districts under and pursuant to state law; and
WHEREAS, pursuant to Article 4, Chapter 1, part 2 of Division 15 of the California
Streets and Highways Code, also known as “Landscaping and Lighting Act of 1972” and
Chula Vista Municipal Code Chapter 17.07, Spicer Consulting Group, LLChas prepared
and filed, on behalf of and under the direction of the City Engineer, the Annual Open Space
Districts Engineer’s Report (Engineer’s Report) for all existing Open Space Maintenance
Districts in the City; and
WHEREAS, on June 26, 2018, Council approved the Engineer’s Report and set July
24, 2018as the date for the public hearing; and
WHEREAS, the proposed assessments for Fiscal Year 2018/2019are as follows:
Assessment per EDUCollectible per EDU
ProposedProposedProjected
(1)
Open Space District or ZoneFY 17-18FY 18-19FY 17-18FY 18-19Variance ($)Variance (%)Revenue
ELMD No. 1 Zone C -Otay
Training Ctr$2.83$2.84$195.76$201.65$5.893.01%$26,626.79
Total Projected Revenues$26,626.79
(1)
The Projected Revenue are preliminary figures based upon the prior year's EDU assignments and the Maximum Rates for Fiscal Year 2018-19.
WHEREAS, the City Council of the City of Chula Vista held a public hearing on the
date and time set for such hearing; and
WHEREAS, all interested persons were afforded the opportunity to hear and be
heard; and
WHEREAS, the City Council considered all oral statements and written protests
made or filedby all interested persons.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, as to all Open Space and Maintenance Districts referenced in this Resolution, as
follows:
1.That it finds that written protests against the proposed assessment have not
been made by owners representing more than one-half of the area of land to
beassessed.
ResolutionNo.2018-
Page2
2.That it confirms the diagram and assessment contained in the Engineer’s
Report
3.That it orders that the open space and maintenance facilities bemaintained.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that
the adoption of this Resolution constitutes the levy of assessmentsand collectibles as
proposed in the Engineer’s Report for the 2018/2019 Fiscal Year for Eastlake
Maintenance District No. 1 (Zone C).
Presented by:Approved as to form by:
David Bilby, MSBA, CPFOGlen R. Googins
Director of Finance/TreasurerCity Attorney
Table 1. Open Space Districts within the City of Chula Vista
Name
OSD #Location
1
Lark Haven
2South and East of Loma Verde Park
Rancho Robinhood Units 1 & 2
3South of Allen School Lane
Bonita Ridge
4Camino Elevado north of Otay Lakes Road
South Bay Villas
5North end of Crest Drive south of E Street
Hilltop Vista
6Camino Vista Real north of Telegraph Cyn Rd
Zenith Units 2, 3, and 4
7North & South of Palomar, east of I-805
Rancho Robinhood Unit 3
8Surrey Drive southwest of Otay Lakes Road
El Rancho del Rey
9Paseo del Rey, north of Telegraph Canyon Road
El Rancho del Rey 6, Casa del Rey
10
Hidden Vista Village
11East H Street, east of I-805
Bonita Long Canyon
14
Bonita Haciendas
15Canyon Drive, east of Otay Lakes Road
Bel Air Ridge
17Northeast of Paseo Ladera & East J Street
Rancho del Sur
18East end of East Naples Street
20Zone 1Desilting BasinNorth of East H St, west of Otay Lakes Road
Zone 2Rice Canyon
Zone 3H Street
Zone 4Business Center
Zone 5SPA I
Zone 6SPA II
Zone 7SPA III
Zone 8N Desilting Basin
Zone 9Telegraph Cyn Channel
Otay Rio Business Park
23West of Heritage/Otay Valley Road, south of Otay Rio Road
Canyon View Homes
24Rutgers Avenue, south of East H Street
Park Bonita
26West of the intersection of E St & Bonita Road
Telegraph Canyon Estates
31North of Otay Lakes Road, west of SR-125
Broadway Business Home Village
33
ELMDZone AEastlake IEastlake Maintenance District No. 1 (ELMD)
Zone BEastlake Greens
Zone COlympic Training Center
Zone DSalt Creek I
Zone ETelegraph Cyn Channel
Bay Boulevard Maintenance District
-
Town Centre Maintenance District
-
Table of Contents
Sections
i. Executive Summaryi
ii. Introductionii
1. OSD No. 1 (El Rancho Del Rey Units 1-4)1
2. OSD No. 2 (Lark Haven)2
3. OSD No. 3 (Rancho Robinhood Units 1 -2)3
4.OSD No. 4(Bonita Ridge)4
5. OSD No. 5 (Southbay Villas)5
6. OSD No. 6(Hilltop Vista)6
7. OSD No. 7 (Zenith Units 2 -4)7
8.OSD No. 8(Rancho Robinhood Unit 3)8
9.OSD No. 9(El Rancho Del Rey)9
10. OSD No. 10(El Rancho Del Rey 6 & Casa Del Rey)10
11. OSD No. 11(Hidden Vista Village)11
12. OSD No. 14(Bonita Long Canyon)12
13. OSD No. 15(Bonita Haciendas)13
14. OSD No. 17(Bel Air Ridge)14
15. OSD No. 18(Rancho Del Sur)15
16. OSD No. 20(Rancho Del Rey, Zones 1 -9)16
17.OSD No. 23(Otay Rio Business Park)23
18. OSD No. 24(Canyon View Homes)25
19. OSD No. 26(Park Bonita)26
20. OSD No. 31(Telegraph Canyon Estates)27
21. OSD No. 33(Broadway Business Home Village)28
22. Eastlake Maintenance District No. 1(Zones A-E)30
23. Bay Boulevard Maintenance District35
24. Town Centre Maintenance District36
25. Assessment Diagrams38
26. Engineers Signature39
City of Chula Vista
Engineers Report OSDs
Fiscal Year 2018-19
Table of Contents
Appendices
Appendix A Assessment Diagrams
Appendix B Definitions of Budgeted Items
Appendix C District CostSummary
Appendix DAssessment Rolls
City of Chula Vista
Engineers Report OSDs
Fiscal Year 2018-19
i.Executive SummaryPage|i
AGENCY:CITY OFCHULA VISTA
PROJECT:OPEN SPACE MAINTENANCE DISTRICTS ENGINEERS REPORT
TO:CITY COUNCIL
CITY OF CHULA VISTA
STATE OF CALIFORNIA
WHEREAS, the City Council of the City of Chula Vista ("City Council"), pursuant to State of California Law, Part 2 of Division 15
of the Streets and Highways Code, the Landscaping and Lighting Actof1972(1972Act),andCityofChulaVistaMunicipalCode
(collectivelyreferredtohereafterasthe "Acts"), previously formed each Open Space District ("OSD") referencedherein;
WHEREAS, the City Council directed staff to prepare and file a report for Fiscal Year 2018-19presenting, for each OSD, the
plans and specifications for the improvements, an estimate of the costs of the improvements, an assessment diagram and an
assessment of the estimated costs to maintain, operate and service the improvements;
WHEREAS, the assessments for Fiscal Year 2018-19have been levied in accordance with the assessment methodology as
confirmed by the City Council upon the formation of each OSD and are proportional to the special benefit received by each parcel. The
amount assessed to eachparcel is equal to or less than the maximum assessment approved at the time of formation plus any allowable
increases as described herein;
NOWTHEREFORE,the following Fiscal Year 2018-19assessmentsare made to finance the costs to maintain, operate and
service the improvements within each OSD:
Open SpaceCollectible Maximum Assessment
DistrictNameper Unit ($)per Unit ($)
El Rancho del Rey
1Units 1-4$134.32 $134.33
2Lark haven$62.31 $62.31
Rancho Robinhood
3Units 1 & 2$426.64 $426.65
4Bonita Ridge$450.62 $450.63
5Southbay Villas$439.43 $439.43
6Hilltop Vista$217.32 $217.32
7Zenith Units 2, 3, & 4$151.79 $151.80
Rancho Robinhood
8Unit 3$693.51 $693.51
9El Rancho del Rey$196.54 $196.54
El Rancho del Rey 6,
10Casa Del Rey$132.62 $132.63
11Hidden Vista Village$134.22 $134.22
14Bonita Long Canyon$431.44 $431.45
15Bonita Haciendas$413.93 $413.94
17Bel Air Ridge$198.13 $198.14
18Rancho del Sur$430.00 $468.20
20 Zone 1Desilting Basin$72.34 $72.34
20 Zone 2Rice Canyon$5.48 $5.48
20 Zone 3H Street$7.81 $7.82
20 Zone 4Business Center$60.15 $60.16
20 Zone 5SPA I$439.67 $439.68
City of Chula Vista
Engineers Report OSD
Fiscal Year 2018-19
i.Executive SummaryPage|ii
Open SpaceCollectible Maximum Assessment
DistrictNameper Unit ($)per Unit ($)
20 Zone 6SPA II$337.82 $337.82
20 Zone 7SPA III$208.52 $208.52
20 Zone 8N Desilting Basin$48.06 $48.06
Telegraph Canyon
20 Zone 9Channel$38.16 $38.17
Otay Rio
23Business Park$460.00 $535.32
24Canyon View Homes$802.19 $802.19
26Park Bonita$629.59 $629.60
Telegraph
31Canyon Estates$580.00 $650.37
Broadway Business
33Home Village$0.00 $1,589.50
Eastlake Maintenance
-District No. 1 Zone A$14.86 $14.86
Eastlake Maintenance
-District No. 1 Zone B$24.35 $24.35
Eastlake Maintenance
-District No. 1 Zone C$2.84 $201.65
Eastlake Maintenance
-District No. 1 Zone D$268.94 $268.95
Eastlake Maintenance
-District No. 1 Zone E$20.00 $38.34
Bay Blvd
-Maintenance District$1,995.30 $3,469.75
Town Center
-Maintenance District$0.12 $0.12
City of Chula Vista
Engineers Report OSD
Fiscal Year 2018-19
ii.IntroductionPage|iii
The City administers and maintains 36 Open Space Districts and associated zones that have been established over the last 40 years.
The OSDs provide a financing mechanism to maintain the public open space areas associated with each particular development, ensuring
the continued maintenance, operations, servicing, and administration of various improvements located within the public right-of-way and
dedicated easements; all within the boundaries of each OSD.
This report has been prepared to support the annual assessment of the OSDs within the City's boundaries. The following information is
presented to provide general information about the OSDs. Additional details specific to each OSD are listed in each OSD's dedicated
section of this Engineers Report.
Proposition 218
In November 1996, California voters approved Proposition 218. The provisions of the Proposition are now contained in the California
Constitution Articles XIIIC andXIIID. All assessments described in the report and approved by the City Council are prepared in
accordance with the 1972 Act, the City's Municipal Code, and are in compliance with the provision of the California Constitution Article
XIIID.
Pursuant to California Constitution Article XIIID Section 5, certain existing assessments are exempt from the substantive andprocedural
requirements of theArticle XIIID Section 4 and the property owner balloting for the assessments is not required until such time that the
assessments are increased or assessment methods changed.
Therefore, any pre-existing assessment amount (and any assessment identified in the Report) for those districts is subsequently exempt
from the procedural requirements of Article XIIID Section 4. However, any future assessment increases in excess of that will be subject
to the new requirements identified in California Constitution Article XIIID.
Plans and Specifications
The boundaries for each OSDcan be located in Appendix A. The specific plans and specifications related to the continued maintenance,
operations, servicing, and administration of the various improvements, is detailed in each OSD's dedicated section of this report.
Cost Summaries
The summary of the costs for each OSD can be located in Appendix Cof this report. The summary includes the Fiscal Year 2018-19
Budget, the projected number of units for each OSD, and the Fiscal Year 2018-19Collectible per unit for each OSD.
Annual Inflation Factor
Pursuant to the City's Municipal Code, annually the maximum assessment amount is subject to an inflation factor. The maximum
assessment shall be the prior year's assessment increased or decreased by the inflation factor. The City's Municipal Code defines the
inflation factor as the lesser of (1) the January to January San Diego Metropolitan Area All Urban Consumer Price Index (CPI) or (2) the
change in the estimated California Fourth Quarter Per Capita Personal Income as contained in the Governor's budget published in
January.
The maximum assessments for Fiscal Year 2018-19are proposed at the Fiscal Year 2017-18amounts adjusted by the inflation factor
defined in the City's Municipal Code. The inflationfactor for the Fiscal Year 2018-19equals 3.01%,which is the change in the San Diego
Metropolitan Area All Urban Consumer Price Index (CPI) from January to January.
City of Chula Vista
Engineers Report OSD
Fiscal Year 2018-19
ii.IntroductionPage|iv
Method of Apportionment
Statutory Considerations
Pursuant to the Acts and Article XIIID, all parcels that receive a special benefit conferred upon them as a result of the maintenance and
operation of improvements and services shall be identified, andthe proportionate special benefit derived by each identified parcel shall
be determined in relationship to the entire costs of the maintenance and operation of improvements. The Acts permit the establishment
of assessment districts by local agencies for the purpose of providing certain public improvements which include the operation,
maintenance and servicing of landscaping improvements.
The Acts and more specifically, the 1972 Act requires that maintenance assessments must be levied according to benefit rather than
according to assessed value. This Section states:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or
method which fairly distributes the net amount among all assessable lots or parcels inproportion to the estimated
benefit to be received by each such lot or parcel from the improvements."
The 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the
nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement" (Sec.
22574).
Article XIIID, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred
on the property. Article XIIID also provides that publicly owned properties must be assessed unless there is clear and convincing evidence
that those properties receive no special benefit from the assessment. Examples of parcels exempted from the assessment would be the
areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-
of-ways, public greenbelts and public parkways.
Special Benefit
Pursuant to Proposition 218, or more specifically Section 2(i) of Article XIIID "Special benefit means a particular and distinct benefit over
and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property
value does not constitute special benefit."
All parcels that have special benefit conferred upon them as a result of the improvements and services provided shall be identified, and
the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire cost of the services
and activities.
Basis of Assessment
The basis of assessment and method or apportionment for each OSD is provided within each OSD's section of this Engineers Report.
City of Chula Vista
Engineers Report OSD
Fiscal Year 2018-19
1. OSD No. 1 (El Rancho Del Rey Units 1 4)Page|1
Open Space District No. 1(OSD No. 1)was formed on August 7, 1973 to fund the maintenance of various improvements and services
within the boundaries of the district.
Description of District Boundaries
Open Space District No. 1 is generally located between East H Street to the north, Otay Lakes Road to the east, Telegraph Canyon Road
to the South, and Paseo Ranchero to the west. A copy of the boundary map for OSD No. 1 can be located in Appendix Aof this report.
Description of ImprovementsandServices
A general description of the improvements, facilities, and services to be maintained by OSD No. 1 under these proceedings is described
as follows, but shall not be limited to:
Irrigation
Fertilization
Removal of weeds, trash and litter
Pruning of trees and shrubs
Replacement of dead or diseased trees and shrubs
Repair of equipment and facilities
Weed abatement
Trail maintenance
Estimate of Costs
Please see Appendix Cof this report for the OSD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2018-19. The Fiscal Year2017-18 costs are also provided for comparison
purposes.
Fiscal Year 2018-19Assessment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionatespecial benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that receive
direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
To apportion the total estimated costs of the district during any fiscal year, each of the parcels within the boundaries of the district are
assigned Equivalent Dwelling Units (EDU) based upon the number of dwelling units present on each parcel.
The annual Collectible per EDU within the district is calculated by dividing the total annual costs by the total number of existing EDU
within the district to determine the annual Collectible per EDU.
Under no circumstances, can the annual Collectible per EDU exceed the maximum assessment per EDU unless the district has
successfully undertaken the appropriate Proposition 218 proceedings. The TotalEDU's within OSD No. 1 is 655.20.
The Fiscal Year 2018-19assessment is spread as follows:
Total Fiscal Year 2018-19 Budget$88,006.46
EDU655.20
Fiscal Year 2018-19 Collectible per EDU$134.32
The maximum allowable Assessment rate for Fiscal Year 2018-19is $134.33perEDU.
City of Chula Vista
Engineers Report OSD
Fiscal Year 2018-19
2. OSD No. 2 (Lark Haven)Page|2
Open Space District No. 2 (OSD No. 2) was formed on October 2, 1973 to fund the maintenance of various improvements and services
within the boundaries of the district.
Description of District Boundaries
The OSD No. 2 is generally located South and East of Loma Verde Park and north and south of East Orange Avenue. A copy of the
boundary map for OSD No. 2 can be located in Appendix Aof this report.
Description of Improvements and Services
A general description of the improvements, facilities, and services to be maintained by OSD No. 2 under these proceedings is described
as follows, but shall not be limited to:
Irrigation
Fertilization
Removal of weeds, trash and litter
Pruning of trees and shrubs
Replacement of dead or diseased trees and shrubs
Repair of equipment and facilities
Weed abatement
Estimate ofCosts
Please seeAppendix Cof this report for the OSD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2018-19. The Fiscal Year2017-18costs are also provided for comparison
purposes.
Fiscal Year 2018-19Assessment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that receive
direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
To apportion the total estimated costs of the district during any fiscal year, each of the parcels within the boundaries of the district are
assigned Equivalent Dwelling Units (EDU) based upon the number of dwelling units present on each parcel. All parcels receive 1.00 EDU
per unit.
The annual Collectible per EDU within the district is calculated by dividing the total annual costs by the total number of existing EDU
within the district to determine the annual Collectible per EDU. Under no circumstances, can the annual Collectible per EDU exceed the
maximum assessment per EDU unless the district has successfully undertaken the appropriate Proposition 218 proceedings. The Total
EDU's within OSD No. 2 is 249.00.
The Fiscal Year 2018-19assessment is spread as follows:
Total Fiscal Year 2018-19 Budget$15,515.19
EDU249.00
Fiscal Year 2018-19 Collectible per EDU$62.31
The maximum allowable Assessment rate for Fiscal Year 2018-19is $62.31perEDU.
City of Chula Vista
Engineers Report OSD
Fiscal Year 2018-19
3. OSD No. 3 (Rancho Robinhood Units 1 -2)Page|3
Open Space District No. 3 (OSD No. 3) was formed on November 30, 1973 to fund the maintenance of various improvements and
services within the boundaries of the district.
Description of District Boundaries
The OSD No. 3 is generally located within the boundary of the Rancho Robinhood 1 and 2 Subdivision. A copy of the boundary map
for OSD No. 3 can be located in Appendix Aof this report.
Description of Improvements andServices
A general description of the improvements, facilities, and services to be maintained by OSD No. 3 under these proceedings is described
as follows, but shall not be limited to:
Irrigation
Fertilization
Removal of weeds, trash and litter
Pruning of trees and shrubs
Replacement of dead or diseased trees and shrubs
Repair of equipment and facilities
Weed abatement
Estimate of Costs
Please see Appendix Cof this report for the OSD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2018-19. TheFiscal Year2017-18 costs are also provided for comparison
purposes.
Fiscal Year 2018-19Assessment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
To apportion the total estimated costs of the district during any fiscal year, each of the parcels within the boundaries of the district are
assigned Equivalent Dwelling Units (EDU) based upon the number of dwelling units present on each parcel. All parcels receive 1.00
EDU per unit.
The annual Collectible per EDU within the district is calculated by dividing the total annual costs by the total number of existing EDU
within the district to determine the annual Collectible per EDU. Under no circumstances, can the annual Collectible per EDU exceed
the maximum assessment per EDU unless the district has successfully undertaken the appropriateProposition 218 proceedings. The
Total EDU's within OSD No.3 is 127.00.
The Fiscal Year 2018-19assessment is spread as follows:
Total Fiscal Year 2018-19 Budget$54,183.28
EDU127.00
Fiscal Year 2018-19 Collectible per EDU$426.64
The maximum allowable Assessment rate for Fiscal Year 2018-19is $426.65per EDU.
City of Chula Vista
Engineers Report OSD
Fiscal Year 2018-19
4. OSD No. 4 (Bonita Ridge)Page|4
Open Space District No. 4(OSD No. 4)was formed on August 6, 1974 to fund the maintenance of various improvements and services
within the boundaries of the district.
Description ofDistrict Boundaries
The OSD No. 4 is generally located on Camino Elevado north of Otay Lakes Rd and south of Acacia Avenue. A copy of the boundary
map for OSD No. 4 can be located in Appendix Aof this report.
Description ofImprovements andServices
A general description of the improvements, facilities, and services to be maintained by OSD No. 4 under these proceedings is described
as follows, but shall not be limited to:
Irrigation
Fertilization
Removal of weeds, trash and litter
Pruning of trees and shrubs
Replacement of dead or diseased trees and shrubs
Repair of equipment and facilities
Weed abatement
Estimate ofCosts
Please see Appendix Cof this report for the OSD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2018-19. The Fiscal Year 2017-18costs are also provided for comparison
purposes.
Fiscal Year 2018-19Assessment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
To apportion the total estimated costs of the district during any fiscal year, each of the parcels within the boundaries of the district are
assigned Equivalent Dwelling Units (EDU) based upon the number of dwelling units present on each parcel. All parcels receive 1.00
EDU per unit.
The annual Collectible per EDU within the district is calculated by dividing the total annual costs by the total number of existing EDU
within the district to determine the annual Collectible per EDU. Under no circumstances, can the annual Collectible per EDU exceed
the maximum assessment per EDU unless the district has successfully undertaken the appropriate Proposition 218 proceedings. The
TotalEDU's within OSD No. 4 is 210.00.
The Fiscal Year 2018-19assessment is spread as follows:
Total Fiscal Year 2018-19 Budget$94,630.20
EDU210.00
Fiscal Year 2018-19 Collectible per EDU$450.62
The maximum allowable Assessment rate for Fiscal Year 2018-19is $450.63perEDU.
City of Chula Vista
Engineers Report OSD
Fiscal Year 2018-19
5. OSD No. 5 (Southbay Villas)Page|5
Open Space District No. 5(OSD No. 5)was formed on August 5, 1975 to fund the maintenance of various improvements and services
within the boundaries of the district.
Description ofDistrict Boundaries
The OSD No. 5 is generally located at the north end of Crest Drive and south of E Street. A copy of the boundary map for OSD No. 5
can be located in Appendix Aof this report.
Description ofImprovements andServices
A general description of the improvements, facilities, and services to be maintained by OSD No. 5 under these proceedings is described
as follows, but shall not be limited to:
Irrigation
Fertilization
Removal of weeds, trash and litter
Pruning of trees and shrubs
Replacement of dead or diseased trees and shrubs
Repair of equipment and facilities
Weed abatement
Estimate ofCosts
Please see Appendix Cof this report for the OSD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2018-19. The Fiscal Year2017-18 costs are also provided for comparison
purposes.
Fiscal Year 2018-19Assessment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identifiedand the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
To apportion the total estimated costs of the district during any fiscal year, each of the parcels within the boundaries of the district are
assigned Equivalent Dwelling Units (EDU) based upon the number of dwelling units present on each parcel. All parcels receive 1.00
EDU per unit.
The annual Collectible per EDU within the district is calculated by dividing the total annual costs by the total number of existing EDU
within the district to determine the annual Collectible per EDU. Under no circumstances, can the annual Collectible per EDU exceed
the maximum assessment per EDU unless the district has successfully undertaken the appropriate Proposition 218 proceedings.The
TotalEDU's within OSDNo. 5 is 122.00.
The Fiscal Year 2018-19assessment is spread as follows:
Total Fiscal Year 2018-19 Budget$53,610.46
EDU122.00
Fiscal Year 2018-19 Collectible per EDU$439.43
The maximum allowable Assessment rate for Fiscal Year 2018-19is $439.43perEDU.
City of Chula Vista
Engineers Report OSD
Fiscal Year 2018-19
6. OSD No. 6 (Hilltop Vista)Page|6
Open Space District No. 6(OSD No. 6)was formed on December 23, 1975 to fund the maintenance of various improvements and
services within the boundaries of the district.
Description ofDistrict Boundaries
The OSD No. 6 is generally located on Camino Vista Real and Camino Entrada, north of Telegraph Canyon Road, and east of Nacion
Avenue. A copy of the boundary map for OSD No. 6 can be located in Appendix Aof this report.
Description ofImprovements andServices
A general description of the improvements, facilities, and services to be maintained by OSD No. 6 under these proceedings is described
as follows, but shall not be limited to:
Irrigation
Fertilization
Removal of weeds, trash and litter
Pruning of trees and shrubs
Replacement of dead or diseased trees and shrubs
Repair of equipment andfacilities
Weed abatement
Estimate ofCosts
Please see Appendix Cof this report for the OSD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2018-19. The Fiscal Year 2017-18 costs are also provided for comparison
purposes.
Fiscal Year 2018-19Assessment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
To apportion the total estimated costs of the district during any fiscal year, each of the parcels within the boundaries of the district are
assigned Equivalent Dwelling Units (EDU) based upon the number of dwelling units present on each parcel. All parcels receive 1.00
EDU per unit.
The annual Collectible per EDU within the district is calculated by dividing the total annual costs by the total number of existing EDU
within the district to determine the annual Collectible per EDU. Under no circumstances, can the annual Collectible per EDU exceed
the maximum assessment per EDU unless the district has successfully undertaken the appropriate Proposition 218 proceedings. The
TotalEDU's within OSD No. 6 is 162.00.
The Fiscal Year 2018-19assessment is spread as follows:
Total Fiscal Year 2018-19 Budget$35,205.84
EDU162.00
Fiscal Year 2018-19 Collectible per EDU$217.32
The maximum allowable Assessment rate for Fiscal Year 2018-19is $217.32perEDU.
City of Chula Vista
Engineers Report OSD
Fiscal Year 2018-19
7. OSD No. 7 (Zenith Units 2 -4)Page|7
Open Space District No. 7 (OSD No. 7) was formed on October 12, 1976 to fund the maintenance of various improvements and services
within the boundaries of the district.
Description ofDistrict Boundaries
The OSD No. 7 is generally located north and south of East Palomar, east of I-805 and west of Oleander Avenue. A copy of the boundary
map for OSD No. 7 can be located in Appendix Aof this report.
Description ofImprovements andServices
A general description of the improvements, facilities, and services to be maintained by OSD No. 7 under these proceedings is described
as follows, but shall not be limited to:
Irrigation
Fertilization
Removal of weeds, trash and litter
Pruning of trees and shrubs
Replacement of dead or diseased trees and shrubs
Repair of equipment and facilities
Weed abatement
Estimate ofCosts
Please see Appendix Cof this report for the OSD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2018-19. The Fiscal Year2017-18 costs are also provided for comparison
purposes.
Fiscal Year 2018-19Assessment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
To apportion the total estimated costs of the district during any fiscal year, each of the parcels within the boundaries of the district are
assigned Equivalent Dwelling Units (EDU) based upon the number of dwelling units present on each parcel. All parcels receive 1.00
EDU per unit.
The annual Collectible per EDU within the districtis calculated by dividing the total annual costs by the total number of existing EDU
within the district to determine the annual Collectible per EDU. Under no circumstances, can the annual Collectible per EDU exceed
the maximum assessment per EDU unless the district has successfully undertaken the appropriate Proposition 218 proceedings.The
TotalEDU's within OSD No. 7 is 100.00.
The Fiscal Year 2018-19assessment is spread as follows:
Total Fiscal Year 2018-19 Budget$15,179.00
EDU100.00
Fiscal Year2018-19 Collectible per EDU$151.79
The maximum allowable Assessment rate for Fiscal Year 2018-19is $151.80perEDU.
City of Chula Vista
Engineers Report OSD
Fiscal Year 2018-19
8. OSD No. 8 (Rancho Robinhood Unit 3)Page|8
Open Space District No. 8 (OSD No. 8) was formed on June 14, 1977 to fund the maintenance of various improvements and services
within the boundaries of the district.
Description ofDistrict Boundaries
The OSD No. 8 is generally located at Surrey Drive southwest of Otay Lakes Road. A copy of the boundary map for OSD No. 8 can be
located in Appendix Aof this report.
Description ofImprovements andServices
A general description of the improvements, facilities, and services to be maintained by OSD No. 8 under these proceedings is described
as follows, but shall not be limited to:
Irrigation
Fertilization
Removal of weeds, trash and litter
Pruning of trees and shrubs
Replacement of dead or diseased trees and shrubs
Repair of equipment and facilities
Weed abatement
Estimate ofCosts
Please see Appendix Cof this report for the OSD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2018-19. The Fiscal Year 2017-18costs are also provided for comparison
purposes.
Fiscal Year 2018-19Assessment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
To apportion the total estimated costs of the district during any fiscal year, each of the parcels within the boundaries of the district are
assigned Equivalent Dwelling Units (EDU) based upon the number of dwelling units present on each parcel. All parcels receive 1.00
EDU per unit.
The annual Collectible per EDU within the district is calculated by dividing the total annual costs by the total number of existing EDU
within the district to determine the annual Collectible per EDU. Under no circumstances, can the annual Collectible per EDU exceed
the maximum assessment per EDU unless the district has successfully undertaken the appropriate Proposition 218 proceedings. The
TotalEDU's within OSD No. 8 is 110.00.
The Fiscal Year 2018-19assessment is spread as follows:
Total Fiscal Year 2018-19 Budget$76,286.10
EDU110.00
Fiscal Year 2018-19 Collectible per EDU$693.51
The maximum allowable Assessment rate for Fiscal Year 2018-19is $693.51per EDU.
City of Chula Vista
Engineers Report OSD
Fiscal Year 2018-19
9. OSD No. 9 (El Rancho Del Rey)Page|9
Open Space District No. 9(OSD No. 9)was formed on October 25, 1977 to fund the maintenance of various improvements and services
within the boundaries of the district.
Description ofDistrict Boundaries
The OSD No. 9 is generally located at Paseo Del Rey, north of Telegraph Canyon Road and south of East J Street. A copy of the
boundary map for OSD No. 9 can be located in Appendix Aof this report.
Description ofImprovements andServices
A general description of the improvements, facilities, and services to be maintained by OSD No. 9 under these proceedings is described
as follows, but shall not be limited to:
Irrigation
Fertilization
Removal of weeds, trash and litter
Pruning of trees and shrubs
Replacement of dead or diseased trees and shrubs
Repair of equipment and facilities
Weed abatement
Estimate ofCosts
Please see Appendix Cof this report for the OSD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2018-19. The Fiscal Year 2017-18 costs arealso provided for comparison
purposes.
Fiscal Year 2018-19Assessment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
To apportion the total estimated costs of the district during any fiscal year, each of the parcels within the boundaries of the district are
assigned Equivalent Dwelling Units (EDU) based upon the number of dwelling units present on each parcel. All parcels receive 1.00
EDU per unit.
The annual Collectible per EDU within the district is calculated by dividing the total annual costs by the total number of existing EDU
within the district to determine the annual Collectible per EDU. Under no circumstances, can the annual Collectible per EDU exceed
the maximum assessment per EDU unless the district has successfully undertaken the appropriate Proposition 218 proceedings.The
TotalEDU's within OSD No. 9 is 385.00.
The Fiscal Year 2018-19assessment is spread as follows:
Total Fiscal Year 2018-19 Budget$75,667.90
EDU385.00
Fiscal Year 2018-19 Collectible per EDU$196.54
The maximum allowable Assessment rate for Fiscal Year 2018-19is $196.54per EDU.
City of Chula Vista
Engineers Report OSD
Fiscal Year 2018-19
10. OSD No. 10 (El Rancho Del Rey 6 & Casa Del Rey)Page|10
Open Space District No. 10 (OSD No. 10) was formed on January 23, 1979 to fund the maintenance of various improvements and
services within the boundaries of the district.
Description ofDistrict Boundaries
The OSD No. 10 is generally located along East J Street, west of Paseo Ranchero Road, north of Telegraph Canyon Road, and south
of East H Street. A copy of the boundary mapfor OSD No.10 can be located in Appendix Aof this report.
Description ofImprovements andServices
A general description of the improvements, facilities, and services to be maintained by OSD No. 10 under these proceedings isdescribed
as follows, but shall not be limited to:
Irrigation
Fertilization
Removal of weeds, trash and litter
Pruning of trees and shrubs
Replacement of dead or diseased trees and shrubs
Repair of equipment and facilities
Weed abatement
Estimate ofCosts
Please see Appendix Cof this report for the OSD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2018-19. The Fiscal Year2017-18 costs are also provided for comparison
purposes.
Fiscal Year 2018-19Assessment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
To apportion the total estimated costs of the district during any fiscal year, each of the parcels within the boundaries of the district are
assigned Equivalent Dwelling Units (EDU) based upon the number of dwelling units present on each parcel.
The annual Collectible per EDU within the district is calculated by dividing the total annual costs by the total number of existing EDU
within the district to determine the annual Collectible per EDU. Under no circumstances, can the annual Collectible per EDU exceed
the maximum assessment per EDU unless the district has successfully undertaken the appropriate Proposition 218 proceedings. The
TotalEDU's within OSD No. 10 is 656.76.
The Fiscal Year 2018-19assessment is spread as follows:
Total Fiscal Year 2018-19 Budget$87,099.51
EDU656.76
Fiscal Year 2018-19 Collectible per EDU$132.62
The maximum allowable Assessment rate for Fiscal Year 2018-19is $132.63perEDU.
City of Chula Vista
Engineers Report OSD
Fiscal Year 2018-19
11. OSD No. 11 (Hidden Vista Village)Page|11
Open Space District No. 11 (OSD No. 11) was formed on December 13, 1983 to fund the maintenance of various improvements and
services within the boundaries of the district.
Description ofDistrict Boundaries
The OSD No. 11 is generally located along East H Street and Hidden Valley Drive, and east of I-805. A copy of the boundary map for
OSD No.11 can be located in Appendix Aof this report.
Description ofImprovements andServices
A general description of the improvements, facilities, and services to be maintained by OSD No. 11 under these proceedings isdescribed
as follows, but shall not be limited to:
Irrigation
Fertilization
Removal of weeds, trash and litter
Pruning of trees and shrubs
Replacement of dead or diseased trees and shrubs
Repair of equipment and facilities
Weed abatement
Estimate ofCosts
Please see Appendix Cof this report for the OSD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2018-19. The Fiscal Year2017-18 costs are also provided for comparison
purposes.
Fiscal Year 2018-19Assessment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entirecost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
To apportion the total estimated costs of the district during any fiscal year, each of the parcels within the boundaries of the district are
assigned Equivalent Dwelling Units (EDU) based upon land use type. Single family homes and condominiums will receive 1.00 EDU
per unit, apartment properties will receive 0.50 EDU per unit, and commercial property will receive 8.5333 EDU per acre.
The annual Collectible per EDU within the district is calculated by dividing the total annual costs by the total number of existing EDU
within the district to determine the annual Collectible per EDU. Under no circumstances, can the annual Collectible per EDU exceed
the maximum assessment per EDU unless the district has successfully undertaken the appropriate Proposition 218 proceedings. The
TotalEDU's within OSD No. 11 is 1,321.04.
The Fiscal Year 2018-19assessment is spread as follows:
Total Fiscal Year 2018-19 Budget$177,309.99
EDU1,321.04
Fiscal Year 2018-19 Collectible per EDU$134.22
The maximum allowable Assessment rate for Fiscal Year 2018-19is $134.22perEDU.
City of Chula Vista
Engineers Report OSD
Fiscal Year 2018-19
12. OSD No. 14 (Bonita Long Canyon)Page|12
Open Space District No. 14(OSD No. 14)was formed on January 14, 1986 to fund the maintenance of various improvements and
services within the boundaries of the district.
Description ofDistrict Boundaries
The OSD No. 14 is generally located north of East H Street, north east of Otay Lakes Road, and along and south of Corral Canyon
Road. A copy of the boundary map for OSD No.14 can be located in Appendix Aof this report.
Description ofImprovements andServices
A general description of the improvements, facilities, and services to be maintained by OSD No. 14 under these proceedings is described
as follows, but shall not be limited to:
Irrigation
Fertilization
Removal of weeds, trash and litter
Pruning of trees and shrubs
Replacement of dead or diseased trees and shrubs
Repair of equipment andfacilities
Weed abatement
Estimate ofCosts
Please see Appendix Cof this report for the OSD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2018-19. The Fiscal Year2017-18 costs are also provided for comparison
purposes.
Fiscal Year 2018-19Assessment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
To apportion the total estimated costs of the district during any fiscal year, each of the parcels within the boundaries of the district are
assigned Equivalent Dwelling Units (EDU) based upon the number of dwelling units present on each parcel. All parcels receive 1.00
EDU per unit.
The annual Collectible per EDU within the district is calculated by dividing the total annual costs by the total number of existing EDU
within the district to determine the annual Collectible per EDU. Under no circumstances, can the annual Collectible per EDU exceed
the maximum assessment per EDU unless the district has successfully undertaken the appropriate Proposition 218 proceedings. The
TotalEDU's within OSD No. 14 is 863.00.
The Fiscal Year 2018-19assessment is spread as follows:
Total Fiscal Year 2018-19 Budget$372,332.72
EDU863.00
Fiscal Year 2018-19 Collectible per EDU$431.44
The maximum allowable Assessment rate for Fiscal Year 2018-19is $431.45perEDU.
City of Chula Vista
Engineers Report OSD
Fiscal Year 2018-19
13. OSD No. 15 (Bonita Haciendas)Page|13
Open Space District No. 15 (OSD No. 15) was formed on October 14, 1986 to fund the maintenance of various improvements and
services within the boundaries of the district.
Description ofDistrict Boundaries
The OSD No. 15 is generally located at Canyon Drive and Via Hacienda Road, east of Otay Lakes Road. A copy of the boundary map
for OSD No.15 can be located in Appendix Aof this report.
Description ofImprovements andServices
A general description of the improvements, facilities, and services to be maintained by OSD No. 15 under these proceedings is described
as follows, but shall not be limited to:
Irrigation
Fertilization
Removal of weeds, trash and litter
Pruning of trees and shrubs
Replacement of dead or diseased trees and shrubs
Repair of equipment and facilities
Weed abatement
Estimate ofCosts
Please see Appendix Cof this report for the OSD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2018-19. The Fiscal Year 2017-18 costs are also provided for comparison
purposes.
Fiscal Year 2018-19Assessment
Pursuant to the Assessment Law, all parcels within the boundaries of the districtthat have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of themaintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
To apportion the total estimated costs of the district during any fiscal year, each of the parcels within the boundaries of the district are
assigned Equivalent Dwelling Units (EDU) based upon the number of dwelling units present on each parcel. All parcels receive 1.00
EDU per unit.
The annual Collectible per EDU within the district is calculated by dividing the total annual costs by the total number of existing EDU
within the district to determine the annual Collectible per EDU. Under no circumstances, can the annual Collectible per EDU exceed
the maximum assessment per EDU unless the district has successfully undertaken the appropriate Proposition 218 proceedings. The
TotalEDU's within OSD No. 15 is 57.00.
The Fiscal Year 2018-19assessment is spread as follows:
Total Fiscal Year 2018-19 Budget$23,594.01
EDU57.00
Fiscal Year 2018-19 Collectible per EDU$413.93
The maximum allowable Assessment rate for Fiscal Year 2018-19is $413.94perEDU.
City of Chula Vista
Engineers Report OSD
Fiscal Year 2018-19
14. OSD No. 17 (Bel Air Ridge)Page|14
Open Space District No. 17 (OSD No. 17) was formed on December 15, 1987 to fund the maintenance of various improvements and
services within the boundaries of the district.
Description ofDistrict Boundaries
The OSD No. 17 is generally located north of East J Street and west of Dorado Way. A copy of the boundary map for OSD No.17 can
be located in Appendix Aof this report.
Description ofImprovements andServices
A general description of the improvements, facilities, and services to be maintained by OSD No. 17 under these proceedings is described
as follows, but shall not be limited to:
Irrigation
Fertilization
Removal of weeds, trash and litter
Pruning of trees and shrubs
Replacement of dead or diseased trees and shrubs
Repair of equipment and facilities
Weed abatement
Erosion Repair
Estimate ofCosts
Please see Appendix Cof this report for the OSD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2018-19. The Fiscal Year2017-18 costs are also provided for comparison
purposes.
Fiscal Year 2018-19Assessment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
To apportion the total estimated costs of the district during any fiscal year, each of the parcels within the boundaries of the district are
assigned Equivalent Dwelling Units (EDU) based upon the number of dwelling units present on each parcel. All parcels receive 1.00
EDU per unit.
The annual Collectible per EDU within the district is calculated by dividing the total annual costs by the total number of existing EDU
within the district to determine the annual Collectible per EDU. Under no circumstances, can the annual Collectible per EDU exceed
the maximum assessment per EDU unless the district as successfully undertaken the appropriate Proposition 218 proceedings. The
TotalEDU's within OSD No. 17 is 46.00.
The Fiscal Year 2018-19assessment is spread as follows:
Total Fiscal Year 2018-19 Budget$9,113.98
EDU46.00
Fiscal Year 2018-19 Collectible per EDU$198.13
The maximum allowable Assessment rate for Fiscal Year 2018-19is $198.14perEDU.
City of Chula Vista
Engineers Report OSD
Fiscal Year 2018-19
15. OSD No. 18 (Rancho Del Sur)Page|15
Open Space District No. 18(OSD No. 18)was formed on August 9, 1988 to fund the maintenance of various improvements and services
within the boundaries of the district.
Description ofDistrict Boundaries
The OSD No. 18 is generally located at the east end of Naples Street, both east and west of the north end of Medical Center Drive, and
south of Telegraph Canyon Road. A copy of the boundary map for OSD No.18 can be located in Appendix Aof this report.
Description ofImprovements andServices
A general description of the improvements, facilities, and services to be maintained by OSD No. 18 under these proceedings is described
as follows, but shall not be limited to:
Irrigation
Fertilization
Removal of weeds, trash and litter
Pruning of trees and shrubs
Replacement of dead or diseased trees andshrubs
Repair of equipment and facilities
Weed abatement
Erosion repair
Maintenance and ornamental light costs for entry monumentation and decorative sidewalks at the intersections of Medical
Center Drive with Telegraph Canyon Road and East Naples Street.
Stucco "Community Theme" walls
Estimate ofCosts
Please see Appendix Cof this report for the OSD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2018-19. The Fiscal Year2017-18 costs are also provided for comparison
purposes.
Fiscal Year 2018-19Assessment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
To apportion the total estimated costs of the district during any fiscal year, each of the parcels within the boundaries of the district are
assigned Equivalent Dwelling Units (EDU) based upon land use type. Single family homes will receive 1.00 EDU per unit and condos
and apartment properties will receive 0.50 EDU per unit.
The annual Collectible per EDU within the district is calculated by dividing the total annual costs by the total number of existing EDU
within the district to determine the annual Collectible per EDU. Under no circumstances, can the annual Collectible per EDU exceed
the maximum assessment per EDU unless the district has successfully undertaken the appropriate Proposition 218 proceedings. The
TotalEDU's within OSD No. 18 is 436.00.
The Fiscal Year 2018-19assessment is spread as follows:
Total Fiscal Year 2018-19 Budget$187,480.00
EDU436.00
Fiscal Year 2018-19Collectible per EDU$430.00
The maximum allowable Assessment rate for Fiscal Year 2018-19is $468.20perEDU.
City of Chula Vista
Engineers Report OSD
Fiscal Year 2018-19
16. OSD No. 20 (Rancho Del Rey, Zones 1 -9)Page|16
Open Space District No. 20 (OSD No. 20) was formed on December 5, 1989 to fund the maintenance of various improvements and
services within the boundaries of the district. The district originally consisted of seven zones, Zones 1 -7. Furthermore, Zone 8 was
formed on July 26, 1994 and Zone 9 was formed on July 11, 1995.
Description ofDistrict Boundaries
The OSD No. 20, Zones 1 through 9 are generally located along of East H Street, north of Telegraph Canyon Road and west of Otay
Lakes Road. A copy of the boundary map for OSD No. 20 can be located in Appendix Aof this report.
Description ofImprovements andServices
A general description of the improvements, facilities, and services to be maintained by OSD No. 20, Zones 1-9 under these proceedings
is described as follows, but shall not be limited to:
Drainage systems
Maintenance of drop structures
Irrigation systems
Landscape maintenance
Wall maintenance
Maintain, repair, and replacement of the desilting basins
Maintain, repair, and replacement of the access road
Maintenance of the drainage channel
Estimate ofCosts
Please see Appendix Cof this report for the OSD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2018-19. The Fiscal Year 2017-18costs are alsoprovided for comparison
purposes.
Fiscal Year 2018-19Assessment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
The Fiscal Year 2018-19assessment for each Zone and the associated assessment methodology is detailed as follows:
City of Chula Vista
Engineers Report OSD
Fiscal Year 2018-19
16. OSD No. 20 (Rancho Del Rey, Zones 1 -9)Page|17
Zone1
To apportion the total estimated costs of OSD No. 20 -Zone 1 during any fiscal year, each of the parcels within the boundaries of Zone
1 are assigned Equivalent Dwelling Units (EDU) based upon land use type, density, and runoff coefficients.
Land Use and EDU Assignments
Runoff Runoff
Land Use DensityCoefficientEDU
Single Family Detached0-20.601.00
2-40.600.33
4-60.600.20
6-80.600.14
8-100.600.11
Single Family Attached10-120.700.10
12-200.700.07
Multi-Family20+0.800.05
Employment Park0.901.50/acre
Commercial0.801.33/acre
Church/School0.701.17/acre
Daycare0.701.17/acre
The annual Collectible per EDU within the district is calculated by dividing the total annual costs by the total number of existing EDU
within the district to determine the annual Collectible per EDU. Under no circumstances, can the annual Collectible per EDU exceed
the maximum assessment per EDU unless the district has successfully undertaken the appropriate Proposition 218 proceedings. The
current sum of the EDU's within OSD No. 20-Zone 1 is 882.09.
The Fiscal Year 2018-19assessment for Zone 1 is spread as follows:
Total Fiscal Year 2018-19 Budget$63,810.39
EDU882.09
Fiscal Year 2018-19 Collectible per EDU$72.34
The maximum allowable Assessment rate for Fiscal Year 2018-19is $72.34perEDU.
Zone2
To apportion the total estimated costs of OSD No. 20 -Zone 2 during any fiscal year, each of the parcels within the boundaries of Zone
2 are assigned Equivalent Dwelling Units (EDU) based upon land use type and population factors.
Recreation Population Factor
Land UsePopulationEDU
Residential2.67/EDU1.00
Commercial15/EDU5.62
Business Park40/acre14.99
The annual Collectible per EDU within the district is calculated by dividing the total annual costs by the total number of existing EDU
within the district to determine the annual Collectible per EDU.
Under no circumstances, can the annual Collectible per EDU exceed the maximum assessment per EDU unless the district has
undertaken the appropriate Proposition 218 proceedings. The current sum of the EDU's within OSD No. 20-Zone 2 is 3,959.20.
City of Chula Vista
Engineers Report OSD
Fiscal Year 2018-19
16. OSD No. 20 (Rancho Del Rey, Zones 1 -9)Page|18
The Fiscal Year 2018-19assessment for Zone 2 is spread as follows:
Total Fiscal Year 2018-19 Budget$21,696.42
EDU3,959.20
Fiscal Year 2018-19 Collectible per EDU$5.48
The maximum allowable Assessment rate for Fiscal Year 2018-19is $5.48perEDU.
Zone3
To apportion the total estimated costs of OSD No. 20 -Zone 3 during any fiscal year, each of the parcels within the boundaries of Zone
3 are assigned Equivalent Dwelling Units (EDU) based upon land use type and average daily traffic (ADT) generation factors.
ADT Factor
Land UseDensityEDU
Single Family Detached0-101.00
Single Family Attached10-200.80
Multi-Family20+0.60
Employment Park30.00 per acre
Commercial40.00 per acre
Church1.00 per acre
Daycare1.00 peracre
The annual Collectible per EDU within the district is calculated by dividing the total annual costs by the total number of existing EDU
within the district to determine the annual Collectible per EDU. Under no circumstances, can the annual Collectible per EDU exceed
the maximum assessment per EDU unless the district has successfully undertaken the appropriate Proposition 218 proceedings. The
TotalEDU's within OSD No. 20-Zone 3 is 6,147.49.
The Fiscal Year 2018-19assessment for Zone 3 is spread as follows:
Total Fiscal Year 2018-19 Budget$48,011.90
EDU6,147.49
Fiscal Year 2018-19 Collectible per EDU$7.81
The maximum allowable Assessment rate for Fiscal Year 2018-19is $7.82perEDU.
Zone4
To apportion the total estimated costs of OSD No. 20 -Zone 4 during any fiscal year, each of the parcels within the boundaries of Zone
4 are assigned Equivalent Dwelling Units (EDU) based upon land use type and average daily traffic (ADT) generation factors.
ADT Factor
Land UseDensityEDU
Single Family Detached0-101.00
Single Family Attached10-200.80
Multi-Family20+0.60
Employment Park30.00 per acre
Commercial40.00 per acre
Church1.00 per acre
Daycare1.00 peracre
City of Chula Vista
Engineers Report OSD
Fiscal Year 2018-19
16. OSD No. 20 (Rancho Del Rey, Zones 1 -9)Page|19
The annual Collectible per EDU within the district is calculated by dividing the total annual costs by the total number of existing EDU
within the district to determine the annual Collectible per EDU. Under no circumstances, can the annual Collectible per EDU exceed
the maximum assessment per EDU unless the district has successfully undertaken the appropriate Proposition 218 proceedings. The
TotalEDU's within OSD No. 20-Zone 4 is 2,602.49.
The Fiscal Year 2018-19assessment for Zone 4 is spread as follows:
Total Fiscal Year 2018-19 Budget$156,539.77
EDU2,602.49
Fiscal Year 2018-19 Collectible per EDU$60.15
The maximum allowable Assessment rate for Fiscal Year 2018-19is $60.16perEDU.
Zone5
To apportion the total estimated costs of OSD No. 20 -Zone 5 during any fiscal year, each of the parcels within the boundaries of Zone
5 are assigned Equivalent Dwelling Units (EDU) based upon land use type and average daily traffic (ADT) generation factors.
ADT Factor
Land UseDensityEDU
Single Family Detached0-101.00
Single Family Attached10-200.80
Multi-Family20+0.60
Employment Park30.00 per acre
Commercial40.00 per acre
Church1.00 per acre
Daycare1.00 peracre
The annual Collectible per EDU within the district is calculated by dividing the total annual costs by the total number of existing EDU
within the district to determine the annual Collectible per EDU. Under no circumstances, can the annual Collectible per EDU exceed
the maximum assessment per EDU unless the district hassuccessfully undertaken the appropriate Proposition 218 proceedings. The
TotalEDU's within OSD No. 20-Zone 5 is 1,795.00.
The Fiscal Year 2018-19assessment for Zone 5 is spread as follows:
Total Fiscal Year 2018-19 Budget$789,207.65
EDU1,795.00
Fiscal Year 2018-19 Collectible per EDU$439.67
The maximum allowable Assessment rate for Fiscal Year 2018-19is $439.68perEDU.
City of Chula Vista
Engineers Report OSD
Fiscal Year 2018-19
16. OSD No. 20 (Rancho Del Rey, Zones 1 -9)Page|20
Zone6
To apportion the total estimated costs of OSD No. 20 -Zone 6 during any fiscal year, each of the parcels within the boundaries of Zone
6 are assigned Equivalent Dwelling Units (EDU) based upon land use type and average daily traffic (ADT) generation factors.
ADT Factor
Land UseDensityEDU
Single Family Detached0-101.00
Single Family Attached10-200.80
Multi-Family20+0.60
Employment Park30.00 per acre
Commercial40.00 per acre
Church1.00 per acre
Daycare1.00 peracre
The annual Collectible per EDU within the district is calculated by dividing the total annual costs by the total number of existing EDU
within the district to determine the annual Collectible per EDU. Under no circumstances, can the annual Collectible per EDU exceed
the maximum assessment per EDU unless the district has successfully undertaken the appropriate Proposition 218 proceedings. The
Total EDU's within OSD No. 20-Zone 6 is 573.20.
The Fiscal Year 2018-19assessment for Zone 6 is spread as follows:
Total Fiscal Year 2018-19 Budget$193,638.42
EDU573.20
Fiscal Year 2018-19 Collectible per EDU$337.82
The maximum allowable Assessment rate for Fiscal Year 2018-19is $337.82perEDU.
Zone7
To apportion the total estimated costs of OSD No. 20 -Zone 7 during any fiscal year, each of the parcels within the boundaries of Zone
7 are assigned Equivalent Dwelling Units (EDU) based upon land use type and average daily traffic (ADT) generation factors.
ADT Factor
Land UseDensityEDU
Single Family Detached0-101.00
Single Family Attached10-200.80
Multi-Family20+0.60
Employment Park30.00 per acre
Commercial40.00 per acre
Church1.00 per acre
Daycare1.00 pre acre
The annual Collectible per EDU within the district is calculated by dividing the total annual costs by the total number of existing EDU
within the district to determine the annual Collectible per EDU. Under no circumstances, can the annual Collectible per EDU exceed
the maximum assessment per EDU unless the district has successfully undertaken the appropriate Proposition 218 proceedings. The
TotalEDU's within OSD No. 20-Zone 7 is 1,168.79.
City of Chula Vista
Engineers Report OSD
Fiscal Year 2018-19
16. OSD No. 20 (Rancho Del Rey, Zones 1 -9)Page|21
The Fiscal Year 2018-19assessment for Zone 7 is spread as follows:
Total Fiscal Year 2018-19 Budget$243,716.09
EDU1,168.79
Fiscal Year 2018-19 Collectible per EDU$208.52
The maximum allowable Assessment rate for Fiscal Year 2018-19is $208.52perEDU.
Zone8
To apportion the total estimated costs of OSD No. 20 -Zone 8 during any fiscal year, each of the parcels within the boundaries of Zone
8 are assigned Equivalent Dwelling Units (EDU) based upon land use type, density, and runoff coefficients.
Land Use and EDU Assignments
Runoff
Land Use DensityCoefficientEDU
Single Family Detached0-20.601.00
2-40.600.33
4-60.600.20
6-80.600.14
8-100.600.11
Single Family Attached10-120.700.10
12-200.700.07
Multi-Family20+0.800.05
Employment Park0.901.50/acre
Commercial0.801.33/acre
Church/School0.701.17/acre
Daycare0.701.17/acre
The annual Collectible per EDU within the district is calculated by dividing the total annual costs by the total number of existing EDU
within the district to determine the annual Collectible per EDU. Under no circumstances, can the annual Collectible per EDU exceed
the maximum assessment per EDU unless the district has successfully undertaken the appropriate Proposition 218 proceedings. The
TotalEDU's within OSD No. 20 -Zone8 is 118.82.
The Fiscal Year 2018-19assessment for Zone 8 is spread as follows:
Total Fiscal Year 2018-19 Budget$5,710.49
EDU118.82
Fiscal Year 2018-19 Collectible per EDU$48.06
The maximum allowable Assessment rate for Fiscal Year 2018-19is $48.06 perEDU.
City of Chula Vista
Engineers Report OSD
Fiscal Year 2018-19
16. OSD No. 20 (Rancho Del Rey, Zones 1 -9)Page|22
Zone9
To apportion the total estimated costs of OSD No. 20 -Zone 9 during any fiscal year, each of the parcels within the boundaries of Zone
9 are assigned Equivalent Dwelling Units (EDU) based upon land use type, density, and runoff coefficients.
Land Use andEDU Assignments
Runoff
Land Use DensityCoefficientEDU
Single Family Detached0-20.601.00
2-40.600.33
4-60.600.20
6-80.600.14
8-100.600.11
Single Family Attached10-120.700.10
12-200.700.07
Multi-Family20+0.800.05
Employment Park0.901.50/acre
Commercial0.801.33/acre
Church/School0.701.17/acre
Daycare0.701.17/acre
The annual Collectible per EDU within the district is calculated by dividing the total annual costs by the total number of existing EDU
within the district to determine the annual Collectible per EDU. Under no circumstances, can the annual Collectible per EDU exceed
the maximum assessment per EDU unless the district has successfully undertaken the appropriate Proposition 218 proceedings. The
TotalEDU's within OSD No. 20-Zone 9 is 50.01.
The Fiscal Year 2018-19assessment for Zone 9 is spread as follows:
Total Fiscal Year 2018-19 Budget$1,908.38
EDU50.01
Fiscal Year 2018-19 Collectible per EDU$38.16
The maximum allowable Assessment rate for Fiscal Year 2018-19is $38.17perEDU.
City of Chula Vista
Engineers Report OSD
Fiscal Year 2018-19
17. OSD No. 23 (Otay Rio Business Park)Page|23
Open Space District No. 23 (OSD No. 23) was formed on September 15, 1992 to fund the maintenance of various improvements and
services within the boundaries of the district.
Description ofDistrict Boundaries
The OSD No. 23 is generally located south of Main Street, and west of Heritage Road. A copy of the boundary map for OSD No.23
can be located in Appendix Aof this report.
Description ofImprovements andServices
A general descriptionof the improvements, facilities, and services to be maintained by OSD No. 23 under these proceedings is described
as follows, but shall not be limited to:
Maintain landscaping and irrigation system improvements within the designated open space lots, medians and within the
parkways adjacent to open space lots
Maintain theme walls and entry monuments located within open space areas including graffiti removal
Maintain brow ditches
Repair, removal, or replacement of all or any part to any improvement
Irrigation, fertilization, trimming, and replacement of dead or diseased landscaping
Weed abatement
Removal of trimmings, trash and litter
Removal of debris from brow ditches
Estimate ofCosts
Please see Appendix Cof this report for the OSD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2018-19. The Fiscal Year2017-18 costs are also provided for comparison
purposes.
Fiscal Year 2018-19Assessment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
To apportion the total estimated costs of the district during any fiscal year, each of the parcels within the boundaries of the district are
assigned Equivalent Dwelling Units (EDU) based upon the estimated traffic generated by the parcel. A standard established within San
Diego County is the average daily traffic (ADT) published by the San Diego Association of Governments (SANDAG). An ADT factorhas
been assigned to each land use type and these factors are used to estimate the traffic generated by each parcel.
OSD No. 23 only contains industrial parcels which have the same SANDAG generation factor (200 trips per acre of land). Therefore,
the total ADT for each parcel will be directly proportional to the gross area of the parcel. For purposes of distributing the assessment,
each gross acre of land is equivalent to one EDU.
The annual Collectible per EDU within the district is calculated by dividing the total annual costs by the total number of existing EDU
within the district to determine the annual Collectible per EDU. Under no circumstances, can the annual Collectible per EDU exceed
the maximum assessment per EDU unless the district has successfully undertaken the appropriate Proposition 218 proceedings. The
TotalEDU's within OSD No. 23 is 114.98.
City of Chula Vista
Engineers Report OSD
Fiscal Year 2018-19
17. OSD No. 23 (Otay Rio Business Park)Page|24
The FiscalYear 2018-19assessment is spread as follows:
Total Fiscal Year 2018-19 Budget$52,890.80
EDU114.98
Fiscal Year 2018-19 Collectible per EDU$460.00
The maximum allowable Assessment rate for Fiscal Year 2018-19is $535.32perEDU.
City of Chula Vista
Engineers Report OSD
Fiscal Year 2018-19
18. OSD No.24 (Canyon View Homes)Page|25
Open Space District No. 24(OSD No. 24)was formed on July 21, 1992 to fund the maintenance of various improvements and services
within the boundaries of the district.
Description ofDistrict Boundaries
The OSD No. 24 is generally located along Rutgers Avenue, south of East H Street. A copy of the boundary map for OSD No.24 can
be located in Appendix Adof this report.
Description ofImprovements andServices
A generaldescription of the improvements, facilities, and services to be maintained by OSD No. 24 under these proceedings is described
as follows, but shall not be limited to:
Maintain landscaping and irrigation system improvements within the designated open spacelots
Maintain stucco walls located within the open space lots
Maintain drainage facilities within the open space lots
Repair, removal, or replacement of all or any part to any improvement
Irrigation, fertilization, trimming, and replacement of dead or diseased landscaping.
Weed abatement
Removal of trimmings, trash and litter
Estimate ofCosts
Please see Appendix Cof this report for the OSD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2018-19. The Fiscal Year2017-18 costs are also provided for comparison
purposes.
Fiscal Year 2018-19Assessment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
To apportion the total estimated costs of the district during any fiscal year, each of the parcels within the boundaries of the district are
assigned Equivalent Dwelling Units (EDU) based upon the number of dwelling units present on each parcel. All parcels receive 1.00
EDU per unit.
The annual Collectible per EDU within the district is calculated by dividing the total annual costs by the total number of existing EDU
within the district to determine the annual Collectible per EDU.
Under no circumstances, can the annual Collectible per EDU exceed the maximum assessment per EDU unless the district has
successfully undertaken the appropriate Proposition 218 proceedings. The TotalEDU's within OSD No. 24 is 40.00.
The Fiscal Year 2018-19assessment is spread as follows:
Total Fiscal Year 2018-19 Budget$32,087.60
EDU40.00
Fiscal Year 2018-19 Collectible per EDU$802.19
The maximum allowable Assessment rate for Fiscal Year 2018-19is $802.19per EDU.
City of Chula Vista
Engineers Report OSD
Fiscal Year 2018-19
19. OSD No. 26 (Park Bonita)Page|26
Open Space District No. 26 (OSD No. 26) was formed on August 18, 1992 to fund the maintenance of various improvements and
services within the boundaries of the district.
Description ofDistrict Boundaries
The OSD No. 26 is generally located north of Bonita Road, east of Hilltop Drive, and southwest of E Street. A copy of the boundary
map for OSD No.26 can be located in Appendix Aof this report.
Description ofImprovements andServices
A general description of the improvements, facilities, and services to be maintained by OSD No. 26 under these proceedings isdescribed
as follows, but shall not be limited to:
Maintain landscaping and irrigation system improvements within the designated open space lots and within the parkways
along Bonita Road and E Street adjacent to the open space lots
Maintain the theme walls located within the open space lots
Maintain the brow ditch adjacent to the westerly boundary from "E" Street to the existing curb and gutter
Repair, removal, or replacement of all or any part to any improvement
Irrigation, fertilization, trimming, and replacement of dead or diseased landscaping.
Weed abatement
Removal of trimmings, trash and litter
Estimate ofCosts
Please see Appendix Cof this report for the OSD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2018-19. The Fiscal Year 2017-18 costs are also provided for comparison
purposes.
Fiscal Year 2018-19Assessment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
To apportion the total estimated costs of the district during any fiscal year, each of the parcels within the boundaries of the district are
assigned Equivalent DwellingUnits (EDU) based upon the number ofdwelling units present on each parcel. All parcels receive 1.00
EDU per unit.
The annual Collectible per EDU within the district is calculated by dividing the total annual costs by the total number of existing EDU
within the district to determine the annual Collectible per EDU. Under no circumstances, can the annual Collectible per EDU exceed
the maximum assessment per EDU unless the district has successfully undertaken the appropriate Proposition 218 proceedings. The
TotalEDU's within OSD No. 26 is 19.00.
The Fiscal Year 2018-19assessment is spread as follows:
Total Fiscal Year 2018-19 Budget$11,962.21
EDU19.00
Fiscal Year 2018-19 Collectible per EDU$629.59
The maximum allowable Assessment rate for Fiscal Year 2018-19is $629.60perEDU.
City of Chula Vista
Engineers Report OSD
Fiscal Year 2018-19
20. OSD No. 31 (Telegraph Canyon Estates)Page|27
Open Space District No. 31(OSD No. 31)was formed on March 15, 1994 to fund the maintenance of various improvements and
services within the boundaries of the district.
Description ofDistrict Boundaries
The OSD No. 31 is generally located north of Otay Lakes Road and west of SR-125. A copy ofthe boundary map for OSD No. 31 can
be located in Appendix Aof this report.
Description ofImprovements andServices
A general description of the improvements, facilities, and services to be maintained by OSD No. 31 under these proceedings isdescribed
as follows, but shall not be limited to:
Repair, removal, or replacement of all or any part to any improvement
Landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury
Grading activities and the removal of trimmings, rubbish, debris, and other solid waste.
The installation or construction of planting or landscaping, supplemental facilities, public lighting facilities, curbs, gutters,
walls, sidewalks, paving, water, drainage, and electrical facilities
The installation of view, sound, wrought iron and decorative walls, and pedestrian fences and retaining walls
Installation of pedestrian walks
Estimate ofCosts
Please see Appendix Cof this report for the OSD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2018-19. The Fiscal Year2017-18 costs are also provided for comparison
purposes.
Fiscal Year 2018-19Assessment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
To apportion the total estimated costs of the district during any fiscal year, each of the parcels within the boundaries of the district are
assigned Equivalent Dwelling Units (EDU) based upon the number of dwelling units present on each parcel. All parcels receive 1.00
EDU per unit.
The annual Collectible per EDU within the district is calculated by dividing the total annual costs by the total number of existing EDU
within the district to determine the annual Collectible per EDU. Under no circumstances, can the annual Collectible per EDU exceed
the maximum assessment per EDU unless the district has successfully undertaken the appropriate Proposition 218 proceedings. The
TotalEDU's within OSD No. 31 is 344.00.
The Fiscal Year 2018-19assessment is spread as follows:
Total FiscalYear 2018-19 Budget$199,520.00
EDU344.00
Fiscal Year 2018-19 Collectible per EDU$580.00
The maximum allowable Assessment rate for Fiscal Year 2018-19is $650.37perEDU.
City of Chula Vista
Engineers Report OSD
Fiscal Year 2018-19
21. OSD No. 33 (Broadway Business Home Village)Page|28
Open Space District No. 33 (OSD No. 33) was formed on November 21, 1995 to fund the maintenance of various improvements and
services within the boundaries of the district.
Description ofDistrict Boundaries
The OSD No. 33 is generally located on the West side of Broadway between J Street to the north and K Street to the south. A copy of
the boundary map for OSD No.33 can be located in Appendix Aof this report.
Description ofImprovements andServices
A general description of the improvements, facilities, and services to be maintained by OSD No. 33 under these proceedings is described
as follows, but shall not be limited to:
Parking area maintenance
Trellis/planters
Sidewalk sweeping
Tree service
Back screen wall
Shrubs
Irrigation
Ground covers
Vines
Miscellaneous planting
Annual color
Miscellaneous
Estimate ofCosts
OSD No. 33 was formed several years ago in anticipation of development. The project has not progressed and consequently thereis
no maintenance required. Shouldthe project develop in the future the District may be assessed to cover future maintenance expenses.
Fiscal Year 2018-19Assessment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred uponthem as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
To apportion the total estimated costs of the district during any fiscal year, each of the parcels within theboundaries of the district are
assigned Equivalent Dwelling Units (EDU) based upon the number of dwelling units present on each parcel. All parcels receive 1.00
EDU per unit.
The annual Collectible per EDU within the district is calculated by dividing thetotal annual costs by the total number of existing EDU
within the district to determine the annual Collectible per EDU. Under no circumstances, can the annual Collectible per EDU exceed
the maximum assessment per EDU unless the district has successfully undertaken the appropriate Proposition 218 proceedings. The
TotalEDU's within OSD No. 33 is 0.00.
The Fiscal Year 2018-19assessment is spread as follows:
Total Fiscal Year 2018-19 Budget$0.00
EDU0.00
Fiscal Year 2018-19 Collectible per EDU$0.00
City of Chula Vista
Engineers Report OSD
Fiscal Year 2018-19
21. OSD No. 33 (Broadway Business Home Village)Page|29
Note: OSD 33 was formed several years ago in anticipation of development. The project has not progressed and consequently there is
no maintenance required. Should the project develop in the future the district may be assessed to cover future maintenance expenses.
The maximum allowable Assessment rate for Fiscal Year 2018-19is $1,589.69per EDU.
Currently OSD No. 33 is not being developed so at this time the District is not being levied.
City of Chula Vista
Engineers Report OSD
Fiscal Year 2018-19
22. Eastlake Maintenance District No. 1 (Zones A -E)Page|30
Eastlake Maintenance District No. 1 (ELMD No. 1) was formed on January 21, 1986 to fund the maintenance of various improvements
and services within the boundaries of the district. The district originally consisted of two zones, Zone A and Zone B. Furthermore, Zone
C was formed on June 19, 1990, Zone D was formed on September 24, 1991, and Zone E was formed on August 2, 1994.
Description ofDistrict Boundaries
The Eastlake Maintenance District No. 1, ZonesA through E are generally located as follows:
ZoneA: Contains the property within the approved Eastlake I SPA known as Eastlake Business Center, Eastlake Village
Center, Eastlake Hills and Eastlake Shores.
ZoneB: Eastlake Greens-generally located southof Telegraph Canyon Road, north of Olympic Parkway, west of Hunte
Parkway and east of SR-125.
ZoneC: Olympic Training Center-generally located south of Olympic Parkway and west of Wueste Road.
ZoneD: Salt Creek I -generally located south of Proctor Valley Road, north of East "H" Street, west of Mount Miguel Road
and east of SR-125.
ZoneE: Three phases of the Telegraph Canyon drainage channel between Eastlake and the end of the improvements at
the western boundary of Rancho del Rey east of Paseo Ladera.
A copy of the boundary map for ELMDNo. 1 can be located in Appendix Aof this report.
Description ofImprovements andServices
A general description of the improvements, facilities, and services to be maintained by ELMDNo. 1, Zone A-E under these proceedings
is described as follows, but shall not be limited to:
Maintain landscaping and irrigation system in designated public street median areas;
Maintain landscaping and irrigation system in designated public maintenanceeasements;
Maintain supplemental lighting and provide for additional costs associated with operating supplemental lighting in
designated streets.
Repair, removal, or replacement of all or any part of any improvement;
Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying,
fertilizing, or treating for disease or injury;
The removal of trimmings, rubbish, debris, and other solid waste;
Providing administration for the maintenance of improvements;
The installation of planting or landscaping;
The installation or construction of supplemental facilities;
The installation or construction of supplemental public lighting facilities;
The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or
convenient for the maintenance or servicing thereof, including grading, clearing, removal of debris, the installation or
construction, of curbs, gutters, walls, sidewalks, paving, water, irrigation, drainage, or electrical facilities;
The installation of view, sound, wrought iron and decorative walls, pedestrian fences and retaining walls;
The maintenance or servicing, or both, of any of the foregoing.
Maintain open space lots owned in fee by the City ofChula Vista, including slopes adjacent to SR 125 right-of-way.
Maintenance will conform to approved landscape plans for the subject area.
Maintain landscaping and irrigation systems improvements in the street parkways adjacent to the open space lots located
along East "H" Street, Mt. Miguel Road and Proctor Valley Road. Maintenance will conform to the approved landscape
plans for subject area.
Maintenance, repair, and replacement of the Telegraph Canyon Channel.
City of Chula Vista
Engineers Report OSD
Fiscal Year 2018-19
22. Eastlake Maintenance District No. 1 (Zones A -E)Page|31
Estimate ofCosts
Please see Appendix Cofthis report for the OSD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2018-19. The Fiscal Year2017-18 costs are also provided for comparison
purposes.
Fiscal Year 2018-19Assessment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionatespecial benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
The Fiscal Year 2018-19assessment for each Zone and the associated assessment methodology is detailed as follows:
ZoneA
To apportion the total estimated costs of ELMD No. 1, Zone Aduring any fiscal year, eachof the parcels within the boundaries of Zone
A are assigned Benefit Units (BU) based upon land use type and density.
Land Use and BU Assignments
Unit of Benefit
Land UseMeasureUnits
Low Density -ResidentialDwelling Unit1.25
Medium Density -ResidentialDwelling Unit1.00
Employment ParkAcre25.00
CommercialAcre62.50
The annual Collectible per BU within the district is calculated by dividing the total annual costs by the total number of existing BU within
the district to determine the annual Collectible per BU. Under no circumstances, can the annual Collectible per BU exceed the maximum
assessment per BU unless the district has successfully undertaken the appropriate Proposition 218 proceedings. The TotalBU's within
ELMDNo. 1, Zone A is 8,698.96.
The Fiscal Year 2018-19assessment is spread as follows:
Total Fiscal Year 2018-19 Budget$129,266.55
BU8,698.96
Fiscal Year 2018-19 Collectible per BU$14.86
The maximum allowable Assessment rate for Fiscal Year 2018-19is $14.86perBU.
City of Chula Vista
Engineers Report OSD
Fiscal Year 2018-19
22. Eastlake Maintenance District No. 1 (Zones A -E)Page|32
ZoneB
To apportion the total estimated costs of ELMDNo. 1, Zone Bduring any fiscal year, each of the parcels within the boundaries of Zone
B are assigned Benefit Units (BU) based upon land use type and density.
Land Use and BU Assignments
Unit of Benefit
Land UseMeasureUnits
Low Density -ResidentialDwelling Unit1.25
Medium Density -ResidentialDwelling Unit1.00
Employment ParkAcre25.00
CommercialAcre62.50
The annual Collectible per BU within the district is calculated by dividing the total annual costs by the total number of existing BU within
the district to determine the annual Collectible per BU. Under no circumstances, can the annual Collectible per BU exceed the maximum
assessment per BU unless the district has successfully undertaken the appropriate Proposition 218 proceedings. The TotalBU's within
ELMDNo. 1, Zone B is 3,376.38.
The Fiscal Year 2018-19assessment is spread as follows:
Total Fiscal Year 2018-19 Budget$82,214.85
BU3,376.38
Fiscal Year 2018-19 Collectible per BU$24.35
The maximum allowable Assessment rate for Fiscal Year 2018-19is $24.35perBU.
ZoneC
To apportion the total estimated costs of ELMDNo. 1, Zone Cduring any fiscal year, each of the parcels within the boundaries of Zone
Care assigned Benefit Units (BU) based upon land use type and density.
Land Use and BU Assignments
Unit of Benefit
Land UseMeasureUnits
Low Density -ResidentialDwelling Unit1.25
Medium Density -ResidentialDwelling Unit1.00
Employment ParkAcre25.00
CommercialAcre62.50
The annual Collectible per BU within the district is calculated by dividing the total annual costs by the total number of existing BU within
the district to determine the annual Collectible per BU. Under no circumstances, can the annual Collectible per BU exceed the maximum
assessment per BU unless the district has successfully undertaken the appropriate Proposition 218 proceedings. The TotalBU's within
ELMDNo. 1, Zone C is 9,375.63.
The Fiscal Year 2018-19assessment is spread as follows:
Total Fiscal Year 2018-19 Budget$26,626.79
BU9,375.63
Fiscal Year 2018-19 Collectible per BU$2.84
The maximum allowable Assessment rate for Fiscal Year 2018-19is $201.65per BU.
City of Chula Vista
Engineers Report OSD
Fiscal Year 2018-19
22. Eastlake Maintenance District No. 1 (Zones A -E)Page|33
ZoneD
To apportion the total estimated costs of ELMDNo. 1, Zone Dduring any fiscal year, each of the parcels within the boundaries of Zone
D are assigned Equivalent Dwelling Units (EDU) based upon the estimated traffic generated by the parcel. A standard established
within San Diego County is the average daily traffic (ADT) published by the San Diego Association of Governments (SANDAG). An
ADT factor has been assigned to each land use type and these factors are used to estimate the traffic generated by each parcel.
Zone D only contains residential parcels which have different SANDAG generation factors for each residential land use type. Therefore,
the total ADT for each parcel will be directly proportional to the special benefit received by each parcel. To apportion the total estimated
costs of Zone D during any fiscal year, each of the parcels within the boundaries of Zone D are assigned(EDUs) based upon land use
type and ADT.
Land Use and EDU Assignments
Benefit
Land UseADT/DayUnits
Single Family Detached 10.01.00
Single Family Attached8.00.80
CondominiumUnits6.00.60
The annual Collectible per EDU within the district is calculated by dividing the total annual costs by the total number of existing EDU
within the district to determine the annual Collectible per EDU. Under no circumstances, can the annual Collectible per EDU exceed
the maximum assessment per EDU unless the district has successfully undertaken the appropriate Proposition 218 proceedings. The
TotalEDU's within ELMDNo. 1, Zone D is 423.80.
The Fiscal Year 2018-19assessment is spread as follows:
Total Fiscal Year 2018-19 Budget$113,976.77
EDU423.80
Fiscal Year 2018-19 Collectible per EDU$268.94
The maximum allowable Assessment rate for Fiscal Year 2018-19is $268.95perEDU.
ZoneE
To apportion the total estimated costs of ELMDNo. 1,Zone E during any fiscal year, each of the parcels within the boundaries of Zone
E are assigned Equivalent Dwelling Units (EDU) based upon land use type, density, and runoff coefficients.
Land Use and EDU Assignments
Land Use Runoff DensityCoefficientEDU
Single Family Detached0-20.601.00
2-40.600.33
4-60.600.20
6-80.600.14
8-100.600.11
Single Family Attached10-120.700.10
12-200.700.07
Multi-Family20+0.800.05
EmploymentPark0.901.50/acre
Commercial0.801.33/acre
Church/School0.701.17/acre
Daycare0.701.17/acre
City of Chula Vista
Engineers Report OSD
Fiscal Year 2018-19
22. Eastlake Maintenance District No. 1 (Zones A -E)Page|34
The annual Collectible per EDU within the district is calculated by dividing the total annual costs by the total number of existing EDU
within the district to determine the annual Collectible per EDU. Under no circumstances, can the annual Collectible per EDU exceed
the maximum assessment per EDU unless the district has successfully undertaken the appropriate Proposition 218 proceedings. The
TotalEDU's within ELMDNo. 1, Zone E is 668.03.
The Fiscal Year 2018-19assessment is spread as follows:
Total Fiscal Year 2018-19 Budget$13,360.60
EDU668.03
Fiscal Year 2018-19 Collectible per EDU$20.00
The maximum allowable Assessment rate for Fiscal Year 2018-19is $38.34per EDU.
City of Chula Vista
Engineers Report OSD
Fiscal Year 2018-19
24. Town Centre Maintenance DistrictPage|35
The Bay Boulevard Maintenance District was formed on July 27, 1999 to fund the maintenance of various improvements and services
within the boundaries of the district.
Description ofDistrict Boundaries
The Bay Boulevard Maintenance District is generally located along Bay Boulevard south of E Street, north of F Street, and west of I-5.
A copy of the boundary map for the Bay Boulevard Maintenance District can be located in Appendix Aof this report.
Description ofImprovements andServices
A general description of the improvements, facilities, and services to be maintained by the Bay Boulevard Maintenance District under
these proceedings is described as follows, but shall not be limited to:
The maintenanceof the parkway on the west side of Bay Boulevard between from just south of the Nature Interpretive
Center entrance at "E" Street to Lagoon Drive/"F" Street. This parkway is composed of Acacia and Canary Island pine
trees. Street lighting is also included.
Maintenance of the park located at the northwest corner of Bay Boulevard and Lagoon Drive and "F" Street. This park
includes two separated lawn areas with picnic tables and trees, shrub and ground planting. There is also a small planted
area on the northeast corner of "F" Street and Bay Blvd. Area lighting is also included.
Furnishing of services and materials needed to maintain the landscaping and lighting, including irrigation, trimming,
spraying, fertilizing and treating the landscaping for disease andinjury.
Removal of solid waste.
Furnishing of water for irrigation and electricity for lighting and the irrigation system.
Repairing the lighting and irrigation system.
Trash collection and disposal.
Estimate ofCosts
Please see Appendix Cof this report for the OSD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2018-19. The Fiscal Year2017-18 costs are also provided for comparison
purposes.
Fiscal Year 2018-19Assessment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
To apportion the total estimated costs of the district during any fiscal year, the annual costs will be apportioned based upon the parcel
size of each parcel in acres.
The annual Collectible per acre within the district is calculated by dividing the total annual costs by the total number of existing acres
within the district to determine the annual Collectible per acre. Under no circumstances, can the annual Collectible per acreexceed the
maximum assessment per acre unless the district has successfully undertaken the appropriate Proposition 218 proceedings. The Total
acres within the Bay Boulevard Maintenance District is 6.39.
The Fiscal Year 2018-19assessment is spread as follows:
Total Fiscal Year 2018-19 Budget$12,749.97
EDU6.39
Fiscal Year 2018-19 Collectible per EDU$1,995.30
The maximum allowable assessment rate for Fiscal Year 2018-19is $3,469.75per acre.
City of Chula Vista
Engineers Report OSD
Fiscal Year 2018-19
24. Town Centre Maintenance DistrictPage|36
The Town Centre Maintenance District was formed on November 21, 1995 to fund the maintenance of various improvements and
services within the boundaries of the district.
Description ofDistrict Boundaries
The Town Centre Maintenance District is generally located on Third Avenue between E Street on the north and G Street on the south.
A copy of the boundary map for the Town Centre Maintenance District can be located in Appendix Aof this report.
Description ofImprovements andServices
A general descriptionof the improvements, facilities, and services to be maintained by the Town Centre Maintenance District under
these proceedings is described as follows, but shall not be limited to:
Improvements on Third Avenue between E and G Streets: various improvements located between the curb and building
fronts, including enhanced stamped concrete sidewalks and walkways, raised planters, container planters, shade
structures with vines, supplemental tree plantings, landscaped covered bus stops, park benches, decorative street lamps,
ornamental accent lighting in shade structure, decorative litter containers, ashtrays and an outdoor decorative clock.
Improvements on "F" Street between Garrett and Third Avenue (south side of street): Supplemental tree plantings
enhanced concrete sidewalks, and decorative street lamps.
Estimate ofCosts
Please see Appendix Cof this report for the OSD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2018-19. The Fiscal Year2017-18 costs are also provided for comparison
purposes.
Fiscal Year 2018-19Assessment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them asa
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
To apportion the total estimated costs of the district during any fiscal year, each of the parcels within the boundaries of the district are
apportioned their special benefit received based upon the parcel size of each parcel in square feet.
The annual Collectible per square foot within the district is calculated by dividing the total annual costs by the total number of existing
square feet within the district to determine the annual Collectible per square foot. Under no circumstances, can the annual Collectible
per square foot exceed the maximum assessment per square foot unless the district has successfully undertaken the appropriate
Proposition 218 proceedings.
The Fiscal Year 2018-19assessment is spread as follows:
Total Fiscal Year 2018-19 Budget$0.00
EDU0.00
Fiscal Year 2018-19 Collectible per EDU$0.12
The maximum allowable Assessment rate for Fiscal Year 2018-19is $0.12per squarefoot.
City of Chula Vista
Engineers Report OSD
Fiscal Year 2018-19
24. Town Centre Maintenance DistrictPage|37
A downtown Property and Business Improvement District (PBID) replaced Town Centre Maintenance District (LMD) in 2001. At that
time, it was anticipated that the Town Centre LMD would be dissolved. However, the City determined that there was some potential
long-term exposure for the City based on the remote possibility that the current PBID might not receive sufficient support for re-approval
in the future. Should the PBID not be re-approved at some future date, and if the Town Centre Maintenance District were dissolved,
there would no longer be a funding mechanism for downtown landscape maintenance.
Based on this possibility, the Town Centre Maintenance District is kept open as a "ghost" district. This means that the City will set the
maximum assessment amount for the district on an annual basis, even though property owners will not be billed on the tax roll. Should
the PBID not be re-approved, the Town Centre Maintenance District remains in place and would provide thenecessary funding for
downtown landscape maintenance.
The current PBID was renewed with the adoption of Council Resolution No. 2016-122, for a period of ten (10) years. Therefore, the
Town Centre Maintenance District remains as a "ghost" district.
City of Chula Vista
Engineers Report OSD
Fiscal Year 2018-19
25. Assessment DiagramsPage|38
Assessment Diagrams
The Assessment Diagramshavebeen submitted to the City Clerk in the format required under the provisions of the Acts. The lines and
dimensions of each assessable parcel, as shown on the maps of the County Assessor for the current year, are made part of this report
by referencein Appendix A.
City of Chula Vista
Engineers Report OSD
Fiscal Year 2018-19
26. Engineers SignaturePage
Executed this 24th day of July 2018.
FRANCISCO MARTINEZ JR
PROFESSIONAL CIVIL ENGINEER NO. 84640
ENGINEER OF WORK
CITY OF CHULA VISTA
STATE OF CALIFORNIA
I HEREBY CERTIFY that the enclosed Engineers Report, together with the Assessment Roll and Assessment Diagrams thereto
attached, was filed with me on the _______ day of ____________, 2018, by adoption of Resolution No. _______by City Council.
CITY CLERK
CITY OF CHULA VISTA
STATE OF CALIFORNIA
I HEREBY CERTIFY that the enclosed Engineers Report, together with the Assessment Roll and Assessment Diagrams thereto
attached, was approved and confirmed by the City Council of the City of Chula Vista, California on the _____day of ___________,
2018.
CITY CLERK
CITY OF CHULA VISTA
STATE OF CALIFORNIA
City of Chula Vista
Engineers Report OSD
Fiscal Year 2018-19
Definitions Of Budgeted Items
The following definitions describe the costs that are included in the OSDs estimate of costs shown in Appendix C of this report:
Personnel Services include the cost for non-traditional department staff members, such as legal review.
Utility Charges include the furnishing of electricity for irrigation controllers, pedestrian lighting and telephone service to centralized
irrigation controllers.
Trash Collection & Disposal Fees include forty cubic yard roll off dumpsters to facilitate fire clearances, trail clearances and general
large-scale clean-up projects.
Water Charges include the furnishing of water required for the operation and maintenance of the landscaping facilities.
Services to Maintain Structures and Grounds include irrigation system repair and replacements. This pays for any labor costs involved
with the installation of these parts.
City Staff Services include the costs of all particular departments and staff of the City for providing the coordination of OSD services,
inspections, annual bid management, operations and maintenance of the improvements, response to public concerns, public
education, and procedures associated with the levy and collection of assessments.
Contractual Services include the furnishing of landscaping companies to perform landscape maintenance tasks and the services of
other experts typically outside the realm of routine landscape maintenance.
Landscape Supplies include plant material for the re-vegetation of bare areas, crop failures or enhanced supplemental plantings.
Materials to Maintain Structures and Grounds include the furnishing of parts and materials for the correct operation of systems. This
pays for the parts/materials only, not any labor involved in the installation.
Backflow Certification includes annual State of California required testing, repair and replacement of backflow prevention devices.
Professional Services include unique contracts required for landscaping not covered under Contractual Services.
Supplementals include labor associated with one-time maintenance.
Other Commodities include the product costs of one-time maintenance.
Advertising includes the furnishing of advertised bidding announcements for landscape contracts in local newspapers.
Transfer: Corporate Yard Debt Services include a portion of the debt service due on the property where services are coordinated.
Storm Maintenance includes the maintenance of detention basins, storm drains, catch basins, hydrodynamic devices, infiltration basins
and all other facilities that are directly related to storm water quality control.
Special Maintenance Fund includes maintenance items that occur as needed over a number of years (deferred maintenance costs).
Operating Reserve Collection is the amount collected to maintain reserves; the operating reserve will be funded through the annual
collection of assessments.
City of Chula Vista
Engineers Report OSDs
Fiscal Year 2018-19
OSD 1 El Rancho Del Rey Units 1-4
Estimated through June 30
Direct Costs FY 2017-18 FY 2018-19
Utility Charges $1,075.00 $1,075.00
Trash Collection & Disposal Fees $400.00 $400.00
Water Charges $26,497.00 $26,497.00
City Staff Services $14,155.00 $0.00
Contractual Services $41,314.00 $35,101.00
Material to maintain structures, grounds $2,000.00 $2,000.00
Total Direct Costs $85,441.00$65,073.00
Indirect Costs
Administration Costs $0.00 $19,155.00
Assessment Engineer $0.00 $1,148.20
Auditor Controller $0.00 $64.80
Total Indirect Costs $0.00$20,368.00
Levy Breakdown
Operating Reserve Replenishment/(Contribution)($2.92) $0.00
Capital Improvement Replenishment/(Contribution) $0.00 $2,565.46
Contribution Due to Shortfall $0.00 $0.00
Balance to Levy $85,438.08$88,006.46
(1)
Equivalent Dwelling Units (EDU's) 655.20 655.20
Rate per EDU $130.40 $134.32
Max Rate per EDU $130.40 $134.33
Percent Change from Prior year Max Rate 1.97% 3.01%
Total Costs $85,441.00$85,441.00
Total Assessment $85,438.08$88,006.46
Surplus / (Deficit)($2.92)$2,565.46
Reserve Account Activity
$42,720.50
$0.00
$0.00
$42,720.50
$19,382.62
$2,565.46
$0.00
$21,948.08
(1)
EDUs have been projected based upon Fiscal Year 2017-18 information.
(2)
The estimated June 30, 2018 fund balance was projected based upon fund balance as of June 30, 2017.
City of Chula Vista
Engineers Report OSDs
Fiscal Year 2018-19
OSD 2 Lark Haven
Estimated through June 30
Direct Costs FY 2017-18 FY 2018-19
Utility Charges $446.00 $446.00
Water Charges $3,675.00 $3,675.00
Contractual Services $10,296.00 $10,068.68
Material to maintain structures, grounds $500.00 $500.00
Total Direct Costs $14,917.00$14,689.68
Indirect Costs
Administration Costs $0.00 $0.00
Assessment Engineer $0.00 $202.42
Auditor Controller $0.00 $24.90
Total Indirect Costs $0.00$227.32
Levy Breakdown
Operating Reserve Replenishment/(Contribution) $145.01 $598.19
Capital Improvement Replenishment/(Contribution) $0.00 $0.00
Contribution Due to Shortfall $0.00 $0.00
Balance to Levy $15,062.01$15,515.19
(1)
Equivalent Dwelling Units (EDU's) 249.00 249.00
Rate per EDU $60.49 $62.31
Max Rate per EDU $60.49 $62.31
Percent Change from Prior year Max Rate 1.97% 3.01%
Total Costs $14,917.00$14,917.00
Total Assessment $15,062.01$15,515.19
Surplus / (Deficit)$145.01$598.19
(1)
EDUs have been projected based upon Fiscal Year 2017-18 information.
(2)
The estimated June 30, 2018 fund balance was projected based upon fund balance as of June 30, 2017.
City of Chula Vista
Engineers Report OSDs
Fiscal Year 2018-19
OSD 3 Rancho Robinhood
Estimated through June 30
Direct Costs FY 2017-18 FY 2018-19
Utility Charges $1,000.00 $700.00
Trash Collection & Disposal Fees $200.00 $200.00
Water Charges $10,580.00 $15,000.00
City Staff Services $2,419.00 $0.00
Contractual Services $37,903.00 $28,555.39
Material to maintain structures, grounds $500.00 $500.00
Total Direct Costs $52,602.00$44,955.39
Indirect Costs
Administration Costs $0.00 $7,419.00
Assessment Engineer $0.00 $706.91
Auditor Controller $0.00 $12.70
Total Indirect Costs $0.00$8,138.61
Levy Breakdown
Operating Reserve Replenishment/(Contribution)($1.14) $1,089.28
Capital Improvement Replenishment/(Contribution) $0.00 $0.00
Contribution Due to Shortfall $0.00 $0.00
Balance to Levy $52,600.86$54,183.28
(1)
Equivalent Dwelling Units (EDU's) 127.00 127.00
Rate per EDU $414.18 $426.64
Max Rate per EDU $414.18 $426.65
Percent Change from Prior year Max Rate 1.97% 3.01%
Total Costs $52,602.00$53,094.00
Total Assessment $52,600.86$54,183.28
Surplus / (Deficit)($1.14)$1,089.28
(1)
EDUs have been projected based upon Fiscal Year 2017-18 information.
(2)
The estimated June 30, 2018 fund balance was projected based upon fund balance as of June 30, 2017.
City of Chula Vista
Engineers Report OSDs
Fiscal Year 2018-19
OSD 4 Bonita Ridge
Estimated through June 30
Direct Costs FY 2017-18 FY 2018-19
Utility Charges $2,000.00 $1,600.00
Trash Collection & Disposal Fees $420.00 $420.00
Water Charges $19,950.00 $18,000.00
City Staff Services $16,271.00 $0.00
Contractual Services $50,726.00 $46,974.38
Material to maintain structures, grounds $2,500.00 $2,500.00
Total Direct Costs $91,867.00$69,494.38
Indirect Costs
Administration Costs $0.00 $21,271.00
Assessment Engineer $0.00 $1,234.62
Auditor Controller $0.00 $21.00
Total Indirect Costs $0.00$22,526.62
Levy Breakdown
Operating Reserve Replenishment/(Contribution)($0.40) $0.00
Capital Improvement Replenishment/(Contribution) $0.00 $2,609.20
Contribution Due to Shortfall $0.00 $0.00
Balance to Levy $91,866.60$94,630.20
(1)
Equivalent Dwelling Units (EDU's) 210.00 210.00
Rate per EDU $437.46 $450.62
Max Rate per EDU $437.46 $450.63
Percent Change from Prior year Max Rate 1.97% 3.01%
Total Costs $91,867.00$92,021.00
Total Assessment $91,866.60$94,630.20
Surplus / (Deficit)($0.40)$2,609.20
(1)
EDUs have been projected based upon Fiscal Year 2017-18 information.
(2)
The estimated June 30, 2018 fund balance was projected based upon fund balance as of June 30, 2017.
City of Chula Vista
Engineers Report OSDs
Fiscal Year 2018-19
OSD 5 Southbay Villas
Estimated through June 30
Direct Costs FY 2017-18 FY 2018-19
Utility Charges $656.00 $656.00
Trash Collection & Disposal Fees $294.00 $300.00
Water Charges $17,850.00 $16,500.00
City Staff Services $8,963.00 $0.00
Contractual Services $21,335.00 $18,718.36
Landscape Supplies $947.00 $947.00
Material to maintain structures, grounds $2,000.00 $2,000.00
Total Direct Costs $52,045.00$39,121.36
Indirect Costs
Administration Costs $0.00 $11,463.00
Assessment Engineer $0.00 $699.44
Auditor Controller $0.00 $12.20
Total Indirect Costs $0.00$12,174.64
Levy Breakdown
Operating Reserve Replenishment/(Contribution)($1.02) $0.00
Capital Improvement Replenishment/(Contribution) $0.00 $2,314.46
Contribution Due to Shortfall $0.00 $0.00
Balance to Levy $52,043.98$53,610.46
(1)
Equivalent Dwelling Units (EDU's) 122.00 122.00
Rate per EDU $426.59 $439.43
Max Rate per EDU $426.59 $439.43
Percent Change from Prior year Max Rate 1.97% 3.01%
Total Costs $52,045.00$51,296.00
Total Assessment $52,043.98$53,610.46
Surplus / (Deficit)($1.02)$2,314.46
(1)
EDUs have been projected based upon Fiscal Year 2017-18 information.
(2)
The estimated June 30, 2018 fund balance was projected based upon fund balance as of June 30, 2017.
City of Chula Vista
Engineers Report OSDs
Fiscal Year 2018-19
OSD 6 Hilltop Villas
Estimated through June 30
Direct Costs FY 2017-18 FY 2018-19
Utility Charges $525.00 $525.00
Water Charges $11,025.00 $11,025.00
City Staff Services $9,135.00 $0.00
Contractual Services $11,993.00 $11,517.48
Material to maintain structures, grounds $1,500.00 $1,500.00
Total Direct Costs $34,178.00$24,567.48
Indirect Costs
Administration Costs $0.00 $9,135.00
Assessment Engineer $0.00 $459.32
Auditor Controller $0.00 $16.20
Total Indirect Costs $0.00$9,610.52
Levy Breakdown
Operating Reserve Replenishment/(Contribution)($0.86) $0.00
Capital Improvement Replenishment/(Contribution) $0.00 $1,027.84
Contribution Due to Shortfall $0.00 $0.00
Balance to Levy $34,177.14$35,205.84
(1)
Equivalent Dwelling Units (EDU's) 162.00 162.00
Rate per EDU $210.97 $217.32
Max Rate per EDU $210.97 $217.32
Percent Change from Prior year Max Rate 1.97% 3.01%
Total Costs $34,178.00$34,178.00
Total Assessment $34,177.14$35,205.84
Surplus / (Deficit)($0.86)$1,027.84
(1)
EDUs have been projected based upon Fiscal Year 2017-18 information.
(2)
The estimated June 30, 2018 fund balance was projected based upon fund balance as of June 30, 2017.
City of Chula Vista
Engineers Report OSDs
Fiscal Year 2018-19
OSD 7 Zenith
Estimated through June 30
Direct Costs FY 2017-18 FY 2018-19
Utility Charges $250.00 $250.00
Water Charges $2,000.00 $2,000.00
City Staff Services $4,438.00 $0.00
Contractual Services $7,548.00 $10,075.96
Material to maintain structures, grounds $500.00 $500.00
Total Direct Costs $14,736.00$12,825.96
Indirect Costs
Administration Costs $0.00 $4,438.00
Assessment Engineer $0.00 $198.04
Auditor Controller $0.00 $10.00
Total Indirect Costs $0.00$4,646.04
Levy Breakdown
Operating Reserve Replenishment/(Contribution) $0.00 $0.00
Capital Improvement Replenishment/(Contribution) $0.00 ($2,293.00)
Contribution Due to Shortfall $0.00 $0.00
Balance to Levy $14,736.00$15,179.00
(1)
Equivalent Dwelling Units (EDU's) 100.00 100.00
Rate per EDU $147.36 $151.79
Max Rate per EDU $147.36 $151.80
Percent Change from Prior year Max Rate 1.97% 3.01%
Total Costs $14,736.00$17,472.00
Total Assessment $14,736.00$15,179.00
Surplus / (Deficit)$0.00($2,293.00)
Reserve Account Activity
$8,736.00
$0.00
$0.00
$8,736.00
$19,737.57
$0.00
($2,293.00)
$17,444.57
(1)
EDUs have been projected based upon Fiscal Year 2017-18 information.
(2)
The estimated June 30, 2018 fund balance was projected based upon fund balance as of June 30, 2017.
City of Chula Vista
Engineers Report OSDs
Fiscal Year 2018-19
OSD 8 Rancho Robinhood Unit 3
Estimated through June 30
Direct Costs FY 2017-18 FY 2018-19
Utility Charges $850.00 $850.00
Trash Collection & Disposal Fees $300.00 $300.00
Water Charges $18,360.00 $15,000.00
City Staff Services $5,146.00 $0.00
Contractual Services $48,902.00 $49,393.72
Material to maintain structures, grounds $500.00 $500.00
Total Direct Costs $74,058.00$66,043.72
Indirect Costs
Administration Costs $0.00 $10,146.00
Assessment Engineer $0.00 $995.28
Auditor Controller $0.00 $11.00
Total Indirect Costs $0.00$11,152.28
Levy Breakdown
Operating Reserve Replenishment/(Contribution)($0.50) $0.00
Capital Improvement Replenishment/(Contribution) $0.00 ($909.90)
Contribution Due to Shortfall $0.00 $0.00
Balance to Levy $74,057.50$76,286.10
(1)
Equivalent Dwelling Units (EDU's) 110.00 110.00
Rate per EDU $673.25 $693.51
Max Rate per EDU $673.25 $693.51
Percent Change from Prior year Max Rate 1.97% 3.01%
Total Costs $74,058.00$77,196.00
Total Assessment $74,057.50$76,286.10
Surplus / (Deficit)($0.50)($909.90)
Reserve Account Activity
$38,598.00
$0.00
$0.00
$38,598.00
$3,893.81
$0.00
($909.90)
$2,983.91
(1)
EDUs have been projected based upon Fiscal Year 2017-18 information.
(2)
The estimated June 30, 2018 fund balance was projected based upon fund balance as of June 30, 2017.
City of Chula Vista
Engineers Report OSDs
Fiscal Year 2018-19
OSD 9 El Rancho Del Rey
Estimated through June 30
Direct Costs FY 2017-18 FY 2018-19
Utility Charges $425.00 $425.00
Water Charges $23,503.00 $23,503.00
City Staff Services $6,318.00 $0.00
Contractual Services $41,713.00 $36,970.38
Material to maintain structures, grounds $1,500.00 $1,500.00
Total Direct Costs $73,459.00$62,398.38
Indirect Costs
Administration Costs $0.00 $11,318.00
Assessment Engineer $958.47 $987.22
Auditor Controller $0.00 $38.40
Total Indirect Costs $958.47$12,343.62
Levy Breakdown
Operating Reserve Replenishment/(Contribution)($1.00) $925.90
Capital Improvement Replenishment/(Contribution) $0.00 $0.00
Contribution Due to Shortfall $0.00 $0.00
Balance to Levy $73,458.00$75,667.90
(1)
Equivalent Dwelling Units (EDU's) 385.00 385.00
Rate per EDU $190.80 $196.54
Max Rate per EDU $190.80 $196.54
Percent Change from Prior year Max Rate 1.97% 3.01%
Total Costs $73,459.00$74,742.00
Total Assessment $73,458.00$75,667.90
Surplus / (Deficit)($1.00)$925.90
Reserve Account Activity
$16,873.40
$925.90
$0.00
$17,799.30
$0.00
$0.00
$0.00
$0.00
(1)
EDUs have been projected based upon Fiscal Year 2017-18 information.
(2)
The estimated June 30, 2018 fund balance was projected based upon fund balance as of June 30, 2017.
City of Chula Vista
Engineers Report OSDs
Fiscal Year 2018-19
OSD 10 El Rancho Del Rey 6 & Casa Del Rey
Estimated through June 30
Direct Costs FY 2017-18 FY 2018-19
Utility Charges $866.00 $866.00
Trash Collection & Disposal Fees $420.00 $420.00
Water Charges $30,251.00 $28,000.00
City Staff Services $8,512.00 $0.00
Contractual Services $42,514.00 $41,247.34
Landscape Supplies $500.00 $300.00
Material to maintain structures, grounds $1,500.00 $1,000.00
Total Direct Costs $84,563.00$71,833.34
Indirect Costs
Administration Costs $0.00 $13,512.00
Assessment Engineer $1,103.27 $1,136.36
Auditor Controller $0.00 $65.30
Total Indirect Costs $1,103.27$14,713.66
Levy Breakdown
Operating Reserve Replenishment/(Contribution)($5.15) $0.00
Capital Improvement Replenishment/(Contribution) $0.00 $552.51
Contribution Due to Shortfall $0.00 $0.00
Balance to Levy $84,557.85$87,099.51
(1)
Equivalent Dwelling Units (EDU's) 656.76 656.76
Rate per EDU $128.75 $132.62
Max Rate per EDU $128.75 $132.63
Percent Change from Prior year Max Rate 1.97% 3.01%
Total Costs $84,563.00$86,547.00
Total Assessment $84,557.85$87,099.51
Surplus / (Deficit)($5.15)$552.51
Reserve Account Activity
$43,273.50
$0.00
$0.00
$43,273.50
$29,335.99
$552.51
$0.00
$29,888.50
(1)
EDUs have been projected based upon Fiscal Year 2017-18 information.
(2)
The estimated June 30, 2018 fund balance was projected based upon fund balance as of June 30, 2017.
City of Chula Vista
Engineers Report OSDs
Fiscal Year 2018-19
OSD 11 Hidden Vista Villa
Estimated through June 30
Direct Costs FY 2017-18 FY 2018-19
Utility Charges $950.00 $950.00
Trash Collection & Disposal Fees $1,000.00 $1,000.00
Water Charges $60,500.00 $65,000.00
City Staff Services $29,754.00 $0.00
Contractual Services $76,939.00 $76,788.78
Material to maintain structures, grounds $3,000.00 $3,000.00
Total Direct Costs $172,143.00$146,738.78
Indirect Costs
Administration Costs $0.00 $34,754.00
Assessment Engineer $0.00 $2,313.32
Auditor Controller $0.00 $87.90
Total Indirect Costs $0.00$37,155.22
Levy Breakdown
Operating Reserve Replenishment/(Contribution)($11.49) $0.00
Capital Improvement Replenishment/(Contribution) $0.00 ($6,584.01)
Contribution Due to Shortfall $0.00 $0.00
Balance to Levy $172,131.51$177,309.99
(1)
Equivalent Dwelling Units (EDU's) 1321.04 1321.04
Rate per EDU $130.30 $134.22
Max Rate per EDU $130.30 $134.22
Percent Change from Prior year Max Rate 1.97% 3.01%
Total Costs $172,143.00$183,894.00
Total Assessment $172,131.51$177,309.99
Surplus / (Deficit)($11.49)($6,584.01)
Reserve Account Activity
$91,947.00
$0.00
$0.00
$91,947.00
$77,382.43
$0.00
($6,584.01)
$70,798.42
(1)
EDUs have been projected based upon Fiscal Year 2017-18 information.
(2)
The estimated June 30, 2018 fund balance was projected based upon fund balance as of June 30, 2017.
City of Chula Vista
Engineers Report OSDs
Fiscal Year 2018-19
OSD 14 Bonita Long Canyon
Estimated through June 30
Direct Costs FY 2017-18 FY 2018-19
Utility Charges $3,000.00 $3,000.00
Trash Collection & Disposal Fees $2,500.00 $2,500.00
Water Charges $158,096.00 $158,096.00
City Staff Services $41,608.00 $0.00
Contractual Services $152,256.00 $148,158.07
Material to maintain structures, grounds $4,000.00 $4,000.00
Total Direct Costs $361,460.00$315,754.07
Indirect Costs
Administration Costs $0.00 $45,108.00
Assessment Engineer $4,716.24 $4,857.73
Auditor Controller $0.00 $86.20
Total Indirect Costs $4,716.24$50,051.93
Levy Breakdown
Operating Reserve Replenishment/(Contribution)($1.08) $6,526.72
Capital Improvement Replenishment/(Contribution) $0.00 $0.00
Contribution Due to Shortfall $0.00 $0.00
Balance to Levy $361,458.92$372,332.72
(1)
Equivalent Dwelling Units (EDU's) 863.00 863.00
Rate per EDU $418.84 $431.44
Max Rate per EDU $418.84 $431.45
Percent Change from Prior year Max Rate 1.97% 3.01%
Total Costs $361,460.00$365,806.00
Total Assessment $361,458.92$372,332.72
Surplus / (Deficit)($1.08)$6,526.72
Reserve Account Activity
$46,851.94
$6,526.72
$0.00
$53,378.66
$0.00
$0.00
$0.00
$0.00
(1)
EDUs have been projected based upon Fiscal Year 2017-18 information.
(2)
The estimated June 30, 2018 fund balance was projected based upon fund balance as of June 30, 2017.
City of Chula Vista
Engineers Report OSDs
Fiscal Year 2018-19
OSD 15 Bonita Haciendas
Estimated through June 30
Direct Costs FY 2017-18 FY 2018-19
Utility Charges $245.00 $245.00
Water Charges $3,224.00 $3,224.00
Contractual Services $19,436.00 $19,827.48
Total Direct Costs $22,905.00$23,296.48
Indirect Costs
Administration Costs $0.00 $0.00
Assessment Engineer $298.86 $307.82
Auditor Controller $0.00 $5.70
Total Indirect Costs $298.86$313.52
Levy Breakdown
Operating Reserve Replenishment/(Contribution) $0.00 $0.00
Capital Improvement Replenishment/(Contribution) $0.00 $0.00
Contribution Due to Shortfall ($0.12)($15.99)
Balance to Levy $22,904.88$23,594.01
(1)
Equivalent Dwelling Units (EDU's) 57.00 57.00
Rate per EDU $401.84 $413.93
Max Rate per EDU $401.84 $413.94
Percent Change from Prior year Max Rate 1.97% 3.01%
Total Costs $22,905.00$23,610.00
Total Assessment $22,904.88$23,594.01
Surplus / (Deficit)($0.12)($15.99)
Reserve Account Activity
($13,527.08)
$0.00
$0.00
($13,527.08)
$0.00
$0.00
$0.00
$0.00
(1)
EDUs have been projected based upon Fiscal Year 2017-18 information.
(2)
The estimated June 30, 2018 fund balance was projected based upon fund balance as of June 30, 2017.
City of Chula Vista
Engineers Report OSDs
Fiscal Year 2018-19
OSD 17 Bel Air Ridge
Estimated through June 30
Direct Costs FY 2017-18 FY 2018-19
City Staff Services $1,966.00 $0.00
Contractual Services $6,882.00 $6,556.49
Total Direct Costs $8,848.00$6,556.49
Indirect Costs
Administration Costs $0.00 $1,966.00
Assessment Engineer $0.00 $118.91
Auditor Controller $0.00 $4.60
Total Indirect Costs $0.00$2,089.51
Levy Breakdown
Operating Reserve Replenishment/(Contribution) $0.10 $0.00
Capital Improvement Replenishment/(Contribution) $0.00 $467.98
Contribution Due to Shortfall $0.00 $0.00
Balance to Levy $8,848.10$9,113.98
(1)
Equivalent Dwelling Units (EDU's) 46.00 46.00
Rate per EDU $192.35 $198.13
Max Rate per EDU $192.35 $198.14
Percent Change from Prior year Max Rate 1.97% 3.01%
Total Costs $8,848.00$8,646.00
Total Assessment $8,848.10$9,113.98
Surplus / (Deficit)$0.10$467.98
Reserve Account Activity
$4,323.00
$0.00
$0.00
$4,323.00
$5,043.52
$467.98
$0.00
$5,511.50
(1)
EDUs have been projected based upon Fiscal Year 2017-18 information.
(2)
The estimated June 30, 2018 fund balance was projected based upon fund balance as of June 30, 2017.
City of Chula Vista
Engineers Report OSDs
Fiscal Year 2018-19
OSD 18 Rancho Del Sur
Estimated through June 30
Direct Costs FY 2017-18 FY 2018-19
Utility Charges $1,260.00 $800.00
Trash Collection & Disposal Fees $1,050.00 $1,050.00
Water Charges $66,974.00 $66,974.00
City Staff Services $35,442.00 $0.00
Contractual Services $68,918.00 $69,543.80
Material to maintain structures, grounds $4,192.00 $2,000.00
Total Direct Costs $177,836.00$140,367.80
Indirect Costs
Administration Costs $0.00 $35,442.00
Assessment Engineer $0.00 $2,446.00
Auditor Controller $0.00 $59.20
Total Indirect Costs $0.00$37,947.20
Levy Breakdown
Operating Reserve Replenishment/(Contribution) $9,644.32 $0.00
Capital Improvement Replenishment/(Contribution) $0.00 $9,165.00
Contribution Due to Shortfall $0.00 $0.00
Balance to Levy $187,480.32$187,480.00
(1)
Equivalent Dwelling Units (EDU's) 436.00 436.00
Rate per EDU $430.00 $430.00
Max Rate per EDU $454.52 $468.20
Percent Change from Prior year Max Rate 1.97% 3.01%
Total Costs $177,836.00$178,315.00
Total Assessment $187,480.32$187,480.00
Surplus / (Deficit)$9,644.32$9,165.00
Reserve Account Activity
$89,157.50
$0.00
$0.00
$89,157.50
$148,199.00
$9,165.00
$0.00
$157,364.00
(1)
EDUs have been projected based upon Fiscal Year 2017-18 information.
(2)
The estimated June 30, 2018 fund balance was projected based upon fund balance as of June 30, 2017.
City of Chula Vista
Engineers Report OSDs
Fiscal Year 2018-19
OSD 20 Zone 1 Desilting Basin at East H Street
Estimated through June 30
Direct Costs FY 2017-18 FY 2018-19
City Staff Services $18,800.00 $0.00
Contractual Services $5,738.00 $4,623.28
Storm Maintenance $37,417.00 $37,417.00
Total Direct Costs $61,955.00$42,040.28
Indirect Costs
Administration Costs $0.00 $18,800.00
Assessment Engineer $0.00 $832.52
Auditor Controller $0.00 $282.20
Total Indirect Costs $0.00$19,914.72
Levy Breakdown
Operating Reserve Replenishment/(Contribution)($5.85) $0.00
Capital Improvement Replenishment/(Contribution) $0.00 $1,855.39
Contribution Due to Shortfall $0.00 $0.00
Balance to Levy $61,949.15$63,810.39
(1)
Equivalent Dwelling Units (EDU's) 882.09 882.09
Rate per EDU $70.23 $72.34
Max Rate per EDU $70.23 $72.34
Percent Change from Prior year Max Rate 1.97% 3.01%
Total Costs $61,955.00$61,955.00
Total Assessment $61,949.15$63,810.39
Surplus / (Deficit)($5.85)$1,855.39
Reserve Account Activity
$30,977.50
$0.00
$0.00
$30,977.50
$11,586.90
$1,855.39
$0.00
$13,442.29
(1)
EDUs have been projected based upon Fiscal Year 2017-18 information.
(2)
The estimated June 30, 2018 fund balance was projected based upon fund balance as of June 30, 2017.
City of Chula Vista
Engineers Report OSDs
Fiscal Year 2018-19
OSD 20 Zone 2 Rice Canyon Trail Area
Estimated through June 30
Direct Costs FY 2017-18 FY 2018-19
Utility Charges $100.00 $100.00
Water Charges $200.00 $200.00
City Staff Services $3,961.00 $0.00
Contractual Services $16,540.00 $16,036.03
Material to maintain structures, grounds $300.00 $300.00
Total Direct Costs $21,101.00$16,636.03
Indirect Costs
Administration Costs $0.00 $3,961.00
Assessment Engineer $274.82 $283.07
Auditor Controller $0.00 $220.90
Total Indirect Costs $274.82$4,464.97
Levy Breakdown
Operating Reserve Replenishment/(Contribution)($38.06) $595.42
Capital Improvement Replenishment/(Contribution) $0.00 $0.00
Contribution Due to Shortfall $0.00 $0.00
Balance to Levy $21,062.94$21,696.42
(1)
Equivalent Dwelling Units (EDU's) 3959.20 3959.20
Rate per EDU $5.32 $5.48
Max Rate per EDU $5.32 $5.48
Percent Change from Prior year Max Rate 1.97% 3.01%
Total Costs $21,101.00$21,101.00
Total Assessment $21,062.94$21,696.42
Surplus / (Deficit)($38.06)$595.42
Reserve Account Activity
($111,938.00)
$595.42
$0.00
($111,342.58)
$0.00
$0.00
$0.00
$0.00
(1)
EDUs have been projected based upon Fiscal Year 2017-18 information.
(2)
The estimated June 30, 2018 fund balance was projected based upon fund balance as of June 30, 2017.
City of Chula Vista
Engineers Report OSDs
Fiscal Year 2018-19
OSD 20 Zone 3 East H Street
Estimated through June 30
Direct Costs FY 2017-18 FY 2018-19
Utility Charges $700.00 $700.00
Water Charges $10,000.00 $10,000.00
City Staff Services $5,224.00 $0.00
Contractual Services $29,790.00 $26,930.80
Material to maintain structures, grounds $1,000.00 $1,000.00
Total Direct Costs $46,714.00$38,630.80
Indirect Costs
Administration Costs $0.00 $7,724.00
Assessment Engineer $0.00 $626.40
Auditor Controller $0.00 $342.80
Total Indirect Costs $0.00$8,693.20
Levy Breakdown
Operating Reserve Replenishment/(Contribution) $0.00 $687.90
Capital Improvement Replenishment/(Contribution) $0.00 $0.00
Contribution Due to Shortfall ($54.52) $0.00
Balance to Levy $46,659.48$48,011.90
(1)
Equivalent Dwelling Units (EDU's) 6147.49 6147.49
Rate per EDU $7.59 $7.81
Max Rate per EDU $7.59 $7.82
Percent Change from Prior year Max Rate 1.97% 3.01%
Total Costs $46,714.00$47,324.00
Total Assessment $46,659.48$48,011.90
Surplus / (Deficit)($54.52)$687.90
Reserve Account Activity
($2,478.68)
$687.90
$0.00
($1,790.78)
$0.00
$0.00
$0.00
$0.00
(1)
EDUs have been projected based upon Fiscal Year 2017-18 information.
(2)
The estimated June 30, 2018 fund balance was projected based upon fund balance as of June 30, 2017.
City of Chula Vista
Engineers Report OSDs
Fiscal Year 2018-19
OSD 20 Zone 4 SPA I Phase 1 Business Center
Estimated through June 30
Direct Costs FY 2017-18 FY 2018-19
Utility Charges $1,523.00 $1,523.00
Trash Collection & Disposal Fees $294.00 $294.00
Water Charges $38,850.00 $38,850.00
City Staff Services $36,356.00 $0.00
Contractual Services $69,066.00 $67,019.17
Material to maintain structures, grounds $5,080.00 $5,080.00
Total Direct Costs $151,169.00$112,766.17
Indirect Costs
Administration Costs $0.00 $36,356.00
Assessment Engineer $0.00 $2,042.33
Auditor Controller $0.00 $4.50
Total Indirect Costs $0.00$38,402.83
Levy Breakdown
Operating Reserve Replenishment/(Contribution) $816.50 $0.00
Capital Improvement Replenishment/(Contribution) $0.00 $5,370.77
Contribution Due to Shortfall $0.00 $0.00
Balance to Levy $151,985.50$156,539.77
(1)
Equivalent Dwelling Units (EDU's) 2602.49 2602.49
Rate per EDU $58.40 $60.15
Max Rate per EDU $58.40 $60.16
Percent Change from Prior year Max Rate 1.97% 3.01%
Total Costs $151,169.00$151,169.00
Total Assessment $151,985.50$156,539.77
Surplus / (Deficit)$816.50$5,370.77
Reserve Account Activity
$75,584.50
$0.00
$0.00
$75,584.50
$35,633.20
$5,370.77
$0.00
$41,003.97
(1)
EDUs have been projected based upon Fiscal Year 2017-18 information.
(2)
The estimated June 30, 2018 fund balance was projected based upon fund balance as of June 30, 2017.
City of Chula Vista
Engineers Report OSDs
Fiscal Year 2018-19
OSD 20 Zone 5 SPA I Phase 2
Estimated through June 30
Direct Costs FY 2017-18 FY 2018-19
Utility Charges $3,885.00 $3,885.00
Trash Collection & Disposal Fees $5,292.00 $5,292.00
Water Charges $204,750.00 $225,000.00
City Staff Services $114,453.00 $0.00
Contractual Services $425,798.00 $418,043.72
Material to maintain structures, grounds $10,000.00 $10,000.00
Total Direct Costs $764,178.00$662,220.72
Indirect Costs
Administration Costs $0.00 $114,453.00
Assessment Engineer $0.00 $10,296.58
Auditor Controller $0.00 $159.70
Total Indirect Costs $0.00$124,909.28
Levy Breakdown
Operating Reserve Replenishment/(Contribution) $1,981.85 $2,077.65
Capital Improvement Replenishment/(Contribution) $0.00 $0.00
Contribution Due to Shortfall $0.00 $0.00
Balance to Levy $766,159.85$789,207.65
(1)
Equivalent Dwelling Units (EDU's) 1795.00 1795.00
Rate per EDU $426.83 $439.67
Max Rate per EDU $426.83 $439.68
Percent Change from Prior year Max Rate 1.97% 3.01%
Total Costs $764,178.00$787,130.00
Total Assessment $766,159.85$789,207.65
Surplus / (Deficit)$1,981.85$2,077.65
Reserve Account Activity
$176,023.04
$2,077.65
$0.00
$178,100.69
$0.00
$0.00
$0.00
$0.00
(1)
EDUs have been projected based upon Fiscal Year 2017-18 information.
(2)
The estimated June 30, 2018 fund balance was projected based upon fund balance as of June 30, 2017.
City of Chula Vista
Engineers Report OSDs
Fiscal Year 2018-19
OSD 20 Zone 6 SPA 2
Estimated through June 30
Direct Costs FY 2017-18 FY 2018-19
Utility Charges $1,024.00 $1,024.00
Trash Collection & Disposal Fees $3,150.00 $3,150.00
Water Charges $41,880.00 $51,880.00
City Staff Services $30,475.00 $0.00
Contractual Services $109,303.00 $109,719.75
Material to maintain structures, grounds $2,150.00 $2,150.00
Total Direct Costs $187,982.00$167,923.75
Indirect Costs
Administration Costs $0.00 $33,475.00
Assessment Engineer $0.00 $2,526.35
Auditor Controller $0.00 $56.90
Total Indirect Costs $0.00$36,058.25
Levy Breakdown
Operating Reserve Replenishment/(Contribution)($1.06) $0.00
Capital Improvement Replenishment/(Contribution) $0.00 ($10,343.58)
Contribution Due to Shortfall $0.00 $0.00
Balance to Levy $187,980.94$193,638.42
(1)
Equivalent Dwelling Units (EDU's) 573.20 573.20
Rate per EDU $327.95 $337.82
Max Rate per EDU $327.95 $337.82
Percent Change from Prior year Max Rate 1.97% 3.01%
Total Costs $187,982.00$203,982.00
Total Assessment $187,980.94$193,638.42
Surplus / (Deficit)($1.06)($10,343.58)
Reserve Account Activity
$101,991.00
$0.00
$0.00
$101,991.00
$325,451.43
$0.00
($10,343.58)
$315,107.85
(1)
EDUs have been projected based upon Fiscal Year 2017-18 information.
(2)
The estimated June 30, 2018 fund balance was projected based upon fund balance as of June 30, 2017.
City of Chula Vista
Engineers Report OSDs
Fiscal Year 2018-19
OSD 20 Zone 7 SPA 3
Estimated through June 30
Direct Costs FY 2017-18 FY 2018-19
Utility Charges $1,785.00 $1,785.00
Trash Collection & Disposal Fees $400.00 $400.00
Water Charges $60,250.00 $60,250.00
City Staff Services $26,128.00 $0.00
Contractual Services $145,640.00 $147,338.60
Material to maintain structures, grounds $2,400.00 $2,400.00
Total Direct Costs $236,603.00$212,173.60
Indirect Costs
Administration Costs $0.00 $36,128.00
Assessment Engineer $0.00 $3,179.70
Auditor Controller $0.00 $121.70
Total Indirect Costs $0.00$39,429.40
Levy Breakdown
Operating Reserve Replenishment/(Contribution)($4.84) $0.00
Capital Improvement Replenishment/(Contribution) $0.00 ($7,886.91)
Contribution Due to Shortfall $0.00 $0.00
Balance to Levy $236,598.16$243,716.09
(1)
Equivalent Dwelling Units (EDU's) 1168.79 1168.79
Rate per EDU $202.43 $208.52
Max Rate per EDU $202.43 $208.52
Percent Change from Prior year Max Rate 1.97% 3.01%
Total Costs $236,603.00$251,603.00
Total Assessment $236,598.16$243,716.09
Surplus / (Deficit)($4.84)($7,886.91)
Reserve Account Activity
$125,801.50
$0.00
$0.00
$125,801.50
$269,041.44
$0.00
($7,886.91)
$261,154.53
(1)
EDUs have been projected based upon Fiscal Year 2017-18 information.
(2)
The estimated June 30, 2018 fund balance was projected based upon fund balance as of June 30, 2017.
City of Chula Vista
Engineers Report OSDs
Fiscal Year 2018-19
OSD 20 Zone 8 Desilting Basin at Glen Abbey
Estimated through June 30
Direct Costs FY 2017-18 FY 2018-19
City Staff Services $1,729.00 $0.00
Contractual Services $316.00 $226.00
Storm Maintenance $3,500.00 $3,500.00
Total Direct Costs $5,545.00$3,726.00
Indirect Costs
Administration Costs $0.00 $1,729.00
Assessment Engineer $0.00 $74.50
Auditor Controller $0.00 $15.50
Total Indirect Costs $0.00$1,819.00
Levy Breakdown
Operating Reserve Replenishment/(Contribution)($0.86) $0.00
Capital Improvement Replenishment/(Contribution) $0.00 $165.49
Contribution Due to Shortfall $0.00 $0.00
Balance to Levy $5,544.14$5,710.49
(1)
Equivalent Dwelling Units (EDU's) 118.82 118.82
Rate per EDU $46.66 $48.06
Max Rate per EDU $46.66 $48.06
Percent Change from Prior year Max Rate 1.97% 3.01%
Total Costs $5,545.00$5,545.00
Total Assessment $5,544.14$5,710.49
Surplus / (Deficit)($0.86)$165.49
Reserve Account Activity
$2,772.50
$0.00
$0.00
$2,772.50
$135,760.08
$165.49
$0.00
$135,925.57
(1)
EDUs have been projected based upon Fiscal Year 2017-18 information.
(2)
The estimated June 30, 2018 fund balance was projected based upon fund balance as of June 30, 2017.
City of Chula Vista
Engineers Report OSDs
Fiscal Year 2018-19
OSD 20 Zone 9 Telegraph Canyon Channel SPA 3
Estimated through June 30
Direct Costs FY 2017-18 FY 2018-19
City Staff Services $484.00 $0.00
Contractual Services $769.00 $706.30
Storm Maintenance $600.00 $600.00
Total Direct Costs $1,853.00$1,306.30
Indirect Costs
Administration Costs $0.00 $484.00
Assessment Engineer $0.00 $24.90
Auditor Controller $0.00 $37.80
Total Indirect Costs $0.00$546.70
Levy Breakdown
Operating Reserve Replenishment/(Contribution) $0.00 $0.00
Capital Improvement Replenishment/(Contribution) $0.00 $55.38
Contribution Due to Shortfall ($0.13) $0.00
Balance to Levy $1,852.87$1,908.38
(1)
Equivalent Dwelling Units (EDU's) 50.01 50.01
Rate per EDU $37.05 $38.16
Max Rate per EDU $37.05 $38.17
Percent Change from Prior year Max Rate 1.97% 3.01%
Total Costs $1,853.00$1,853.00
Total Assessment $1,852.87$1,908.38
Surplus / (Deficit)($0.13)$55.38
Reserve Account Activity
$926.50
$0.00
$0.00
$926.50
$68,268.36
$55.38
$0.00
$68,323.74
(1)
EDUs have been projected based upon Fiscal Year 2017-18 information.
(2)
The estimated June 30, 2018 fund balance was projected based upon fund balance as of June 30, 2017.
City of Chula Vista
Engineers Report OSDs
Fiscal Year 2018-19
OSD 23 Otay Rio Business Park
Estimated through June 30
Direct Costs FY 2017-18 FY 2018-19
Utility Charges $646.00 $646.00
Water Charges $9,660.00 $7,500.00
City Staff Services $13,518.00 $0.00
Contractual Services $23,142.00 $24,821.05
Material to maintain structures, grounds $3,000.00 $2,000.00
Total Direct Costs $49,966.00$34,967.05
Indirect Costs
Administration Costs $0.00 $16,018.00
Assessment Engineer $0.00 $690.05
Auditor Controller $0.00 $0.90
Total Indirect Costs $0.00$16,708.95
Levy Breakdown
Operating Reserve Replenishment/(Contribution) $2,925.19 $0.00
Capital Improvement Replenishment/(Contribution) $0.00 $1,214.80
Contribution Due to Shortfall $0.00 $0.00
Balance to Levy $52,891.19$52,890.80
(1)
Equivalent Dwelling Units (EDU's) 114.98 114.98
Rate per EDU $460.00 $460.00
Max Rate per EDU $519.68 $535.32
Percent Change from Prior year Max Rate 1.97% 3.01%
Total Costs $49,966.00$51,676.00
Total Assessment $52,891.19$52,890.80
Surplus / (Deficit)$2,925.19$1,214.80
Reserve Account Activity
$25,838.00
$0.00
$0.00
$25,838.00
$62,418.92
$1,214.80
$0.00
$63,633.72
(1)
EDUs have been projected based upon Fiscal Year 2017-18 information.
(2)
The estimated June 30, 2018 fund balance was projected based upon fund balance as of June 30, 2017.
City of Chula Vista
Engineers Report OSDs
Fiscal Year 2018-19
OSD 24 Canyon View Homes
Estimated through June 30
Direct Costs FY 2017-18 FY 2018-19
Utility Charges $400.00 $400.00
Water Charges $13,500.00 $13,500.00
City Staff Services $17,250.00 $0.00
Contractual Services $0.00 $16,827.36
Total Direct Costs $31,150.00$30,727.36
Indirect Costs
Administration Costs $0.00 $0.00
Assessment Engineer $0.00 $418.64
Auditor Controller $0.00 $4.00
Total Indirect Costs $0.00$422.64
Levy Breakdown
Operating Reserve Replenishment/(Contribution) $0.00 $937.60
Capital Improvement Replenishment/(Contribution) $0.00 $0.00
Contribution Due to Shortfall $0.00 $0.00
Balance to Levy $31,150.00$32,087.60
(1)
Equivalent Dwelling Units (EDU's) 40.00 40.00
Rate per EDU $778.75 $802.19
Max Rate per EDU $778.75 $802.19
Percent Change from Prior year Max Rate 1.97% 3.01%
Total Costs $31,150.00$31,150.00
Total Assessment $31,150.00$32,087.60
Surplus / (Deficit)$0.00$937.60
Reserve Account Activity
($4,071.46)
$937.60
$0.00
($3,133.86)
$0.00
$0.00
$0.00
$0.00
(1)
EDUs have been projected based upon Fiscal Year 2017-18 information.
(2)
The estimated June 30, 2018 fund balance was projected based upon fund balance as of June 30, 2017.
City of Chula Vista
Engineers Report OSDs
Fiscal Year 2018-19
OSD 26 Park Bonita
Estimated through June 30
Direct Costs FY 2017-18 FY 2018-19
Utility Charges $150.00 $150.00
Water Charges $2,868.00 $2,611.00
Contractual Services $8,595.00 $8,693.03
Total Direct Costs $11,613.00$11,454.03
Indirect Costs
Administration Costs $0.00 $0.00
Assessment Engineer $0.00 $156.07
Auditor Controller $0.00 $1.90
Total Indirect Costs $0.00$157.97
Levy Breakdown
Operating Reserve Replenishment/(Contribution) $0.00 $350.21
Capital Improvement Replenishment/(Contribution) $0.00 $0.00
Contribution Due to Shortfall $0.00 $0.00
Balance to Levy $11,612.80$11,962.21
(1)
Equivalent Dwelling Units (EDU's) 19.00 19.00
Rate per EDU $611.20 $629.59
Max Rate per EDU $611.20 $629.60
Percent Change from Prior year Max Rate 1.97% 3.01%
Total Costs $11,613.00$11,612.00
Total Assessment $11,612.80$11,962.21
Surplus / (Deficit)($0.20)$350.21
Reserve Account Activity
($1,365.87)
$350.21
$0.00
($1,015.66)
$0.00
$0.00
$0.00
$0.00
(1)
EDUs have been projected based upon Fiscal Year 2017-18 information.
(2)
The estimated June 30, 2018 fund balance was projected based upon fund balance as of June 30, 2017.
City of Chula Vista
Engineers Report OSDs
Fiscal Year 2018-19
OSD 31 Telegraph Canyon Estates
Estimated through June 30
Direct Costs FY 2017-18 FY 2018-19
Utility Charges $4,190.00 $3,500.00
Trash Collection & Disposal Fees $3,150.00 $3,150.00
Water Charges $46,954.00 $40,000.00
City Staff Services $50,065.00 $0.00
Contractual Services $70,480.00 $71,042.52
Material to maintain structures, grounds $3,500.00 $3,500.00
Total Direct Costs $178,339.00$121,192.52
Indirect Costs
Administration Costs $0.00 $50,065.00
Assessment Engineer $0.00 $2,603.08
Auditor Controller $0.00 $34.40
Total Indirect Costs $0.00$52,702.48
Levy Breakdown
Operating Reserve Replenishment/(Contribution) $21,181.00 $0.00
Capital Improvement Replenishment/(Contribution) $0.00 $25,625.00
Contribution Due to Shortfall $0.00 $0.00
Balance to Levy $199,520.00$199,520.00
(1)
Equivalent Dwelling Units (EDU's) 344.00 344.00
Rate per EDU $580.00 $580.00
Max Rate per EDU $631.37 $650.37
Percent Change from Prior year Max Rate 1.97% 3.01%
Total Costs $178,339.00$173,895.00
Total Assessment $199,520.00$199,520.00
Surplus / (Deficit)$21,181.00$25,625.00
Reserve Account Activity
$86,947.50
$0.00
$0.00
$86,947.50
$176,464.95
$25,625.00
$0.00
$202,089.95
(1)
EDUs have been projected based upon Fiscal Year 2017-18 information.
(2)
The estimated June 30, 2018 fund balance was projected based upon fund balance as of June 30, 2017.
City of Chula Vista
Engineers Report OSDs
Fiscal Year 2018-19
Eastlake Zone A
Estimated through June 30
Direct Costs FY 2017-18 FY 2018-19
Utility Charges $3,503.00 $3,503.00
Trash Collection & Disposal Fees $600.00 $840.00
Water Charges $840.00 $39,270.00
Services to maintain structures, grounds $39,270.00 $0.00
Contractual Services $23,773.00 $53,677.79
Landscape Supplies $55,607.00 $0.00
Material to maintain structures, grounds $0.00 $2,000.00
Backflow Certification $2,000.00 $0.00
Other Commodities $0.00 $600.00
Total Direct Costs $125,593.00$99,890.79
Indirect Costs
Administration Costs $0.00 $23,773.00
Assessment Engineer $0.00 $1,686.51
Auditor Controller $0.00 $242.70
Total Indirect Costs $0.00$25,702.21
Levy Breakdown
Operating Reserve Replenishment/(Contribution)($21,814.44)($9,749.00)
Capital Improvement Replenishment/(Contribution) $0.00 $0.00
Otay Lakes Rd Collectible $21,747.39 $21,747.40
Contribution Due to Shortfall $0.00 ($8,324.85)
Balance to Levy $125,525.95$129,266.55
(1)
Equivalent Dwelling Units (EDU's) 8,698.96 8,698.96
Otay Lakes Rd Collectible / EDU $2.50 $2.55
Rate per EDU $14.43 $14.86
Max Rate per EDU $14.43 $14.86
Percent Change from Prior year Max Rate 1.97% 3.01%
Total Costs $125,593.00$147,340.40
Total Assessment $125,525.96$129,266.55
Surplus / (Deficit)($67.04)($18,073.85)
Reserve Account Activity
$9,749.05
$0.00
($9,749.00)
$0.05
$0.00
$0.00
$0.00
$0.00
(1)
EDUs have been projected based upon Fiscal Year 2017-18 information.
(2)
The estimated June 30, 2018 fund balance was projected based upon fund balance as of June 30, 2017.
City of Chula Vista
Engineers Report OSDs
Fiscal Year 2018-19
Eastlake Zone B
Estimated through June 30
Direct Costs FY 2017-18 FY 2018-19
Utility Charges $1,000.00 $500.00
Water Charges $16,580.00 $17,000.00
City Staff Services $12,307.00 $0.00
Contractual Services $47,933.00 $44,101.56
Material to maintain structures, grounds $2,000.00 $2,000.00
Other Commodities $0.00 $900.00
Total Direct Costs $79,820.00$64,501.56
Indirect Costs
Administration Costs $0.00 $17,307.00
Assessment Engineer $0.00 $1,072.64
Auditor Controller $0.00 $236.80
Total Indirect Costs $0.00$18,616.44
Levy Breakdown
Operating Reserve Replenishment/(Contribution)($8,443.33) $0.00
Capital Improvement Replenishment/(Contribution) $0.00 ($9,344.10)
Otay Lakes Rd Collectible $8,440.95 $8,440.95
Contribution Due to Shortfall $0.00 $0.00
Balance to Levy $79,817.62$82,214.85
(1)
Equivalent Dwelling Units (EDU's) 3,376.38 3,376.38
Otay Lakes Rd Collectible / EDU $2.50 $2.55
Rate per EDU $23.64 $24.35
Max Rate per EDU $23.64 $24.35
Percent Change from Prior year Max Rate 1.97% 3.01%
Total Costs $79,820.00$91,558.95
Total Assessment $79,817.62$82,214.85
Surplus / (Deficit)($2.38)($9,344.10)
Reserve Account Activity
$45,779.48
$0.00
$0.00
$45,779.48
$102,214.79
$0.00
($9,344.10)
$92,870.69
(1)
EDUs have been projected based upon Fiscal Year 2017-18 information.
(2)
The estimated June 30, 2018 fund balance was projected based upon fund balance as of June 30, 2017.
City of Chula Vista
Engineers Report OSDs
Fiscal Year 2018-19
Eastlake Zone C
Estimated through June 30
Direct Costs FY 2017-18 FY 2018-19
City Staff Services $2,575.00 $0.00
Contractual Services $500.00 $152.61
Total Direct Costs $3,075.00$152.61
Indirect Costs
Administration Costs $880.00 $7,575.00
Assessment Engineer $247.68 $347.39
Auditor Controller $0.00 $0.00
Total Indirect Costs $1,127.68$7,922.39
Levy Breakdown
Operating Reserve Replenishment/(Contribution) $0.00 $0.00
Capital Improvement Replenishment/(Contribution) $0.00 ($4,887.29)
Otay Lakes Rd Collectible $23,439.06 $23,439.08
Contribution Due to Shortfall $0.00 $0.00
Balance to Levy $26,514.06$26,626.79
(1)
Equivalent Dwelling Units (EDU's) 9,375.63 9,375.63
Otay Lakes Rd Collectible / EDU $2.50 $2.55
Rate per EDU $2.83 $2.84
Max Rate per EDU $195.76 $201.65
Percent Change from Prior year Max Rate 1.97% 3.01%
Total Costs $3,075.00$31,514.08
Total Assessment $26,514.06$26,626.79
Surplus / (Deficit)$23,439.06($4,887.29)
Reserve Account Activity
$15,757.04
$0.00
$0.00
$15,757.04
$47,679.85
$0.00
($4,887.29)
$42,792.57
(1)
EDUs have been projected based upon Fiscal Year 2017-18 information.
(2)
The estimated June 30, 2018 fund balance was projected based upon fund balance as of June 30, 2017.
City of Chula Vista
Engineers Report OSDs
Fiscal Year 2018-19
Eastlake Zone D
Estimated through June 30
Direct Costs FY 2017-18 FY 2018-19
Utility Charges $900.00 $900.00
Trash Collection & Disposal Fees $300.00 $400.00
Water Charges $400.00 $26,474.00
Services to maintain structures, grounds $26,474.00 $0.00
Contractual Services $4,943.00 $64,968.68
Landscape Supplies $76,134.00 $0.00
Material to maintain structures, grounds $0.00 $800.00
Backflow Certification $1,500.00 $0.00
Other Commodities $0.00 $300.00
Total Direct Costs $110,651.00$93,842.68
Indirect Costs
Administration Costs $0.00 $9,943.00
Assessment Engineer $0.00 $1,487.02
Auditor Controller $0.00 $52.30
Total Indirect Costs $0.00$11,482.32
Levy Breakdown
Operating Reserve Replenishment/(Contribution)($1,060.56) $7,592.27
Capital Improvement Replenishment/(Contribution) $0.00 $0.00
Otay Lakes Rd Collectible $1,059.50 $1,059.50
Contribution Due to Shortfall $0.00 $0.00
Balance to Levy $110,649.94$113,976.77
(1)
Equivalent Dwelling Units (EDU's) 423.80 423.80
Otay Lakes Rd Collectible / EDU $2.50 $2.55
Rate per EDU $261.09 $268.94
Max Rate per EDU $261.09 $268.95
Percent Change from Prior year Max Rate 1.97% 3.01%
Total Costs $110,651.00$106,384.50
Total Assessment $110,649.94$113,976.77
Surplus / (Deficit)($1.06)$7,592.27
Reserve Account Activity
$31,332.86
$7,592.27
$0.00
$38,925.13
$0.00
$0.00
$0.00
$0.00
(1)
EDUs have been projected based upon Fiscal Year 2017-18 information.
(2)
The estimated June 30, 2018 fund balance was projected based upon fund balance as of June 30, 2017.
City of Chula Vista
Engineers Report OSDs
Fiscal Year 2018-19
Eastlake Zone E
Estimated through June 30
Direct Costs FY 2017-18 FY 2018-19
City Staff Services $3,577.00 $0.00
Contractual Services $1,366.00 $1,126.29
Storm Maintenance $2,972.00 $2,972.00
Total Direct Costs $7,915.00$4,098.29
Indirect Costs
Administration Costs $75.95 $3,577.00
Assessment Engineer $60.32 $174.31
Auditor Controller $0.00 $65.40
Total Indirect Costs $136.27$3,816.71
Levy Breakdown
Operating Reserve Replenishment/(Contribution) $5,445.60 $0.00
Capital Improvement Replenishment/(Contribution) $0.00 $5,445.60
Contribution Due to Shortfall $0.00 $0.00
Balance to Levy $13,360.60$13,360.60
(1)
Equivalent Dwelling Units (EDU's) 668.03 668.03
Rate per EDU $20.00 $20.00
Max Rate per EDU $37.22 $38.34
Percent Change from Prior year Max Rate 1.97% 3.01%
Total Costs $7,915.00$7,915.00
Total Assessment $13,360.30$13,360.60
Surplus / (Deficit)$5,445.30$5,445.60
Reserve Account Activity
$3,957.50
$0.00
$0.00
$3,957.50
$119,790.24
$5,445.60
$0.00
$125,235.84
(1)
EDUs have been projected based upon Fiscal Year 2017-18 information.
(2)
The estimated June 30, 2018 fund balance was projected based upon fund balance as of June 30, 2017.
City of Chula Vista
Engineers Report OSDs
Fiscal Year 2018-19
Bay Boulevard
Estimated through June 30
Direct Costs FY 2017-18 FY 2018-19
Water Charges $3,102.00 $3,102.00
City Staff Services $3,556.00 $0.00
Contractual Services $5,002.00 $4,835.25
Landscape Supplies $425.00 $425.00
Material to maintain structures, grounds $415.00 $415.00
Total Direct Costs $12,500.00$8,777.25
Indirect Costs
Administration Costs $75.95 $3,556.00
Assessment Engineer $60.32 $166.35
Auditor Controller $0.00 $0.40
Total Indirect Costs $136.27$3,722.75
Levy Breakdown
Operating Reserve Replenishment/(Contribution) $0.00 $0.00
Capital Improvement Replenishment/(Contribution) $0.00 $249.97
Contribution Due to Shortfall $0.00 $0.00
Balance to Levy $12,500.00$12,749.97
(1)
Equivalent Dwelling Units (EDU's) 6.39 6.39
Rate per EDU $1,956.18 $1,995.30
Max Rate per EDU $3,368.36 $3,469.75
Percent Change from Prior year Max Rate 1.97% 3.01%
Total Costs $12,500.00$12,500.00
Total Assessment $12,500.00$12,749.97
Surplus / (Deficit)$0.00$249.97
Reserve Account Activity
$6,250.00
$0.00
$0.00
$6,250.00
$39,240.88
$249.97
$0.00
$39,490.85
(1)
EDUs have been projected based upon Fiscal Year 2017-18 information.
(2)
The estimated June 30, 2018 fund balance was projected based upon fund balance as of June 30, 2017.
City of Chula Vista
Engineers Report OSDs
Fiscal Year 2018-19
RESOLUTION NO. 2018-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA LEVYING THE ASSESSMENTS AND
COLLECTIBLES FOR THE FISCAL YEAR 2018/2019FOR
OPEN SPACE DISTRICTS 2 THROUGH 7, 11, 14, 15, 17,
18, 20 (ZONES 1 THROUGH 6, 8, AND 9), 23, 24, 26, 31,
33, EASTLAKE MAINTENANCE DISTRICT NO.1 (ZONES
A, B, D, AND E), AND BAY BOULEVARD MAINTENANCE
DISTRICT
WHEREAS, prior to the adoption of this Resolution, the City Council caused the
formation of various districts under and pursuant to state law; and
WHEREAS, pursuant to Article 4, Chapter 1, part 2 of Division 15 of the
California Streets and Highways Code, also known as “Landscaping and Lighting Act of
1972” and Chula Vista Municipal Code Chapter 17.07, Spicer Consulting Group, LLC
has prepared and filed, on behalf of and under the direction of the City Engineer, the
Annual Open Space Districts Engineer’s Report (Engineer’s Report) for all existing
Open Space Maintenance Districts in the City; and
WHEREAS, on June 26, 2018, Council approved the Engineer’s Report and set
July 24, 2018as the date for the public hearing; and
WHEREAS, the proposed assessments for Fiscal Year 2018/2019are as follows:
ResolutionNo.2018-
Page2
Assessment per EDUCollectible per EDU
ProposedProposedProjected
(5)
Open Space District or ZoneFY 17-18FY 18-19FY 17-18FY 18-19Variance ($)Variance (%)Revenue
2$60.49$62.31$60.49$62.31$1.823.01%$15,515.19
3$414.18$426.64$414.18$426.65$12.473.01%$54,183.28
4$437.46$450.62$437.46$450.63$13.173.01%$94,630.20
5$426.59$439.43$426.59$439.43$12.843.01%$53,610.46
6$210.97$217.32$210.97$217.32$6.353.01%$35,205.84
7$147.36$151.79$147.36$151.80$4.443.01%$15,179.00
11$130.30$134.22$130.30$134.22$3.923.01%$177,309.99
14$418.84$431.44$418.84$431.45$12.613.01%$372,332.72
15$401.84$413.93$401.84$413.94$12.103.01%$23,594.01
17$192.34$198.13$192.35$198.14$5.793.01%$9,113.98
18$430.00$430.00$454.52$468.20$13.683.01%$187,480.00
20
Zone 1 -Desilting basin$70.23$72.34$70.23$72.34$2.113.01%$63,810.39
Zone 2 -Rice Canyon$5.32$5.48$5.32$5.48$0.163.01%$21,696.42
Zone 3 -H Street$7.59$7.81$7.59$7.82$0.233.01%$48,011.90
Zone 4 -Business Center$58.40$60.15$58.40$60.16$1.763.01%$156,539.77
Zone 5 -SPA I$426.83$439.67$426.83$439.68$12.853.01%$789,207.65
Zone 6 -SPA II$327.95$337.82$327.95$337.82$9.873.01%$193,638.42
Zone 8 -N Desilting Basin$46.66$48.06$46.66$48.06$1.403.01%$5,710.49
Zone 9 -Tel Cyn Channel$37.05$38.16$37.05$38.17$1.123.01%$1,908.38
23$460.00$460.00$519.68$535.32$15.643.01%$52,890.80
24$778.75$802.19$778.75$802.19$23.443.01%$32,087.60
26$611.20$629.59$611.20$629.60$18.403.01%$11,962.21
31$580.00$580.00$631.37$650.37$19.003.01%$199,520.00
(1)
33$0.00$0.00$1,543.05$1,589.50$0.00$0.00
ELMD 1
(2)
Otay Lakes Rd
Zone A -Eastlake I$14.43$14.86$14.43$14.86$0.433.01%$129,266.55
Zone B -Eastlake Greens$23.64$24.35$23.64$24.35$0.713.01%$82,214.85
Zone D -Salt Creek I$261.09$268.94$261.09$268.95$7.863.01%$113,976.77
(3)
Zone E -Tel Cyn Channel $20.00$20.00$37.22$38.34$1.123.01%$13,360.60
(4)
Bay Boulevard $1,956.18 $1,995.30 $3,368.36 $3,469.75 $101.393.01%$12,749.97
Total Projected Revenues$2,966,707.44
(1)
OSD 33 was formed several years ago in anticipation of development. The project has not progressed and consequently there is no maintenance.
(2)
Zones A -D Share in the cost of Otay Lakes Road medians and off-site parkways. Collectible and projected revenue for Otay Lakes Road are reflected
in collectible and projected revenue for Zones A -D.
(3)
Portions of Eastlake I and Eastlake Greens are in this benefit Area.
(4)
Bay Boulevard rates are based on acres.
(5)
The Projected Revenue are preliminary figures based upon the prior year's EDU assignments and the Maximum Rates for Fiscal Year 2018-19.
WHEREAS, the City Council of the City of Chula Vista held a public hearing on
the date and time set for such hearing; and
WHEREAS, all interested persons were afforded the opportunity to hear and be
heard; and
WHEREAS, the City Council considered alloral statements and written protests
made or filed by all interested persons.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, as to all Open Space and Maintenance Districts referenced in this Resolution, as
follows:
1.That it finds that written protests against the proposed assessment have
not been made by owners representing more than one-half of the area of
land to beassessed.
ResolutionNo.2018-
Page3
2.That it confirms the diagram and assessment contained in the Engineer’s
Report
3.That it orders that the open space and maintenance facilities bemaintained.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that
the adoption of this Resolution constitutes the levyof assessments and collectibles as
proposed in the Engineer’s Report for the 2018/2019 Fiscal Year for Open Space
Districts 2 through 7, 11, 14, 15, 17, 18, 20 (Zones 1 through 6, 8 and 9), 23, 24, 26, 31
33, Eastlake Maintenance District No 1 (Zones A, B, D, and E), and Bay Boulevard
MaintenanceDistrict.
Presented by:Approved as to form by:
David Bilby, MSBA, CPFOGlen R. Googins
Director of Finance/TreasurerCity Attorney
RESOLUTION NO. 2018-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA LEVYING THE ASSESSMENTS AND
COLLECTIBLES FOR THE FISCAL YEAR 2018/2019FOR
OPEN SPACE DISTRICTS 9, 10 AND TOWN CENTRE
MAINTENANCE DISTRICT
WHEREAS, prior to the adoption of this Resolution, the City Council caused the
formation of various districts under and pursuant to state law; and
WHEREAS, pursuant to Article 4, Chapter 1, part 2 of Division 15 of the
California Streets and Highways Code, also known as “Landscaping and Lighting Act of
1972” and Chula Vista Municipal Code Chapter 17.07, Spicer Consulting Group, LLC
has prepared and filed, on behalf of and under the direction of the City Engineer, the
Annual Open Space Districts Engineer’s Report (Engineer’s Report) for all existing
Open Space Maintenance Districts in the City; and
WHEREAS, on June 26, 2018, Council approved the Engineer’s Report and set
July 24, 2018as the date for the public hearing; and
WHEREAS, the proposed assessments for Fiscal Year 2018/2019areas follows:
Assessment per EDUCollectible per EDU
ProposedProposedProjected Revenue
(2)
Open Space District or ZoneFY 17-18FY 18-19FY 17-18FY 18-19Variance ($)Variance (%)
9$190.80$196.54$190.80$196.54$5.743.01%$75,667.90
10$128.75$132.62$128.75$132.63$3.883.01%$87,099.51
(1)
Town Centre $0.00$0.00$0.00$0.00$0.00$0.00
Total Projected Revenues$162,767.41
(1)
Town Centre rates have been based on parcel square footage since FY 2001-02. However, a Downtown PBID replaced this District in 2001, but the
City determined that there was some potential long-term exposure for the City based on the remote potential that the current PBID might not receive
sufficient support for renewal processes.
(2)
The Projected Revenue are preliminary figures based upon the prior year's EDU assignments and the Maximum Rates for Fiscal Year 2018-19.
WHEREAS, the City Council of the City of Chula Vista held a public hearing on
the date and time set for such hearing; and
WHEREAS, all interested persons were afforded the opportunity to hear and be
heard; and
WHEREAS, the City Council considered all oral statements and written protests
made or filed by all interested persons.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, as to all Open Space and Maintenance Districts referenced in this Resolution, as
follows:
ResolutionNo.2018-
Page2
1.That it finds that written protests against the proposed assessment have
not been made by owners representing more than one-half of the area of
land to beassessed.
2.That it confirms the diagram and assessment contained in the Engineer’s
Report
3.That it orders that the open space and maintenance facilities bemaintained.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that
the adoption of this Resolution constitutes the levy of assessments and collectibles as
proposed in the Engineer’sReport for the 2018/2019 Fiscal Year for Open Space
Districts 9, 10 and Town Centre MaintenanceDistrict.
Presented by:Approved as to form by:
David Bilby, MSBA, CPFOGlen R. Googins
Director of Finance/TreasurerCity Attorney
RESOLUTION NO. 2018-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA LEVYING THE ASSESSMENTS AND
COLLECTIBLES FOR THE FISCAL YEAR 2018/2019FOR
OPEN SPACE DISTRICT 8
WHEREAS, prior to the adoption of this Resolution, the City Council causedthe
formation of various districts under and pursuant to state law; and
WHEREAS, pursuant to Article 4, Chapter 1, part 2 of Division 15 of the
California Streets and Highways Code, also known as “Landscaping and Lighting Act of
1972” and Chula Vista Municipal Code Chapter 17.07, Spicer Consulting Group, LLC
has prepared and filed, on behalf of and under the direction of the City Engineer, the
Annual Open Space Districts Engineer’s Report (Engineer’s Report) for all existing
Open Space Maintenance Districts in the City; and
WHEREAS, on June 26, 2018, Council approved the Engineer’s Report and set
July 24, 2018as the date for the public hearing; and
WHEREAS, the proposed assessments for Fiscal Year 2018/2019are as follows:
Assessment per EDUCollectible per EDU
ProposedProposedProjected
(1)
Open Space District or ZoneFY 17-18FY 18-19FY 17-18FY 18-19Variance ($)Variance (%)Revenue
8$673.25$693.51$673.25$693.51$20.263.01%$76,286.10
Total Projected Revenues$76,286.10
(1)
The Projected Revenue are preliminary figures based upon the prior year's EDU assignments and the Maximum Rates for Fiscal Year 2018-19.
WHEREAS, the City Council of the City of Chula Vista held a public hearing on
the date and time set for such hearing; and
WHEREAS, all interested persons were afforded the opportunity to hear and be
heard; and
WHEREAS, the City Council considered all oral statements and written protests
made or filed by all interested persons.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, as to all Open Space and Maintenance Districts referenced in this Resolution, as
follows:
1.That it finds that written protests againstthe proposed assessment have
not been made by owners representing more than one-half of the area of
land to beassessed.
ResolutionNo.2018-
Page2
2.That it confirms the diagram and assessment contained in the Engineer’s
Report
3.That it orders that the open space and maintenance facilities be
maintained.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that
the adoption of this Resolution constitutes the levy of assessments and collectibles as
proposed in the Engineer’sReport for the 2018/2019 Fiscal Year for Open Space
District 8.
Presented by:Approved as to form by:
David Bilby, MSBA, CPFOGlen R. Googins
Director of Finance/TreasurerCity Attorney
RESOLUTION NO. 2018-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA LEVYING THE ASSESSMENTS AND
COLLECTIBLES FOR THE FISCAL YEAR 2018/2019FOR
OPEN SPACE DISTRICT 20 (ZONE 7)
WHEREAS, prior to the adoption of this Resolution, the City Council caused the
formation of various districts under and pursuant to state law; and
WHEREAS, pursuant to Article 4, Chapter 1, part 2 of Division 15 of the
California Streets and Highways Code, also known as “Landscaping and Lighting Act of
1972” and Chula Vista Municipal Code Chapter 17.07, Spicer Consulting Group, LLC
has prepared and filed, on behalf of and under the direction of the City Engineer, the
Annual Open Space Districts Engineer’s Report (Engineer’s Report) for all existing
Open Space Maintenance Districts in the City; and
WHEREAS, on June 26, 2018, Council approved the Engineer’s Report and set
July 24, 2018as the date for the public hearing; and
WHEREAS, the proposed assessments for Fiscal Year 2018/2019are as follows:
Assessment per EDUCollectible per EDU
ProposedProposedProjected
(1)
Open Space District or ZoneFY 17-18FY 18-19FY 17-18FY 18-19Variance ($)Variance (%)Revenue
OSD 20 Zone 7 -SPA III$202.43$208.52$202.43$208.52$6.093.01%$243,716.09
Total Projected Revenues$243,716.09
(1)
The Projected Revenue are preliminary figures based upon the prior year's EDU assignments and the Maximum Rates for Fiscal Year 2018-19.
WHEREAS, the City Council of the City of Chula Vista held a public hearing on
the date and time set for such hearing; and
WHEREAS, all interested persons were afforded the opportunity to hear and be
heard; and
WHEREAS, the City Council considered all oral statements and written protests
made or filed by all interested persons.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, as to all Open Space and Maintenance Districts referenced in this Resolution, as
follows:
1.That it finds that written protests againstthe proposed assessment have
not been made by owners representing more than one-half of the area of
land to beassessed.
ResolutionNo.2018-
Page2
2.That it confirms the diagram and assessment contained in the Engineer’s
Report
3.That it orders that the open space and maintenance facilities be
maintained.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that
the adoption of this Resolution constitutes the levy of assessments and collectibles as
proposed in the Engineer’s Report for the 2018/2019 Fiscal Year for Open Space
District 20 (Zone 7).
Presented by:Approved as to form by:
David Bilby, MSBA, CPFOGlen R. Googins
Director of Finance/TreasurerCity Attorney
RESOLUTION NO. 2018-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA LEVYING THE ASSESSMENTS AND
COLLECTIBLES FOR THE FISCAL YEAR 2018/2019FOR
OPEN SPACE DISTRICT 1
WHEREAS, prior to the adoption of this Resolution, the City Council causedthe
formation of various districts under and pursuant to state law; and
WHEREAS, pursuant to Article 4, Chapter 1, part 2 of Division 15 of the
California Streets and Highways Code, also known as “Landscaping and Lighting Act of
1972” and Chula Vista Municipal Code Chapter 17.07, Spicer Consulting Group, LLC
has prepared and filed, on behalf of and under the direction of the City Engineer, the
Annual Open Space Districts Engineer’s Report (Engineer’s Report) for all existing
Open Space Maintenance Districts in the City; and
WHEREAS, on June 26, 2018, Council approved the Engineer’s Report and set
July 24, 2018as the date for the public hearing; and
WHEREAS, the proposed assessments for Fiscal Year 2018/2019are as follows:
Assessment per EDUCollectible per EDU
ProposedProposed
(1)
Open Space District or ZoneFY 17-18FY 18-19FY 17-18FY 18-19Variance ($)Variance (%)Projected Revenue
1$130.40$134.32$130.40$134.33$3.933.01%$88,006.46
Total Projected Revenues$88,006.46
(1)
The Projected Revenue are preliminary figures based upon the prior year's EDU assignments and the Maximum Rates for Fiscal Year 2018-19.
WHEREAS, the City Council of the City of Chula Vista held a public hearing on
the date and time setfor such hearing; and
WHEREAS, all interested persons were afforded the opportunity to hear and be
heard; and
WHEREAS, the City Council considered all oral statements and written protests
made or filed by all interested persons.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, as to all Open Space and Maintenance Districts referenced in this Resolution, as
follows:
1.That it finds that written protests againstthe proposed assessment have
not been made by owners representing more than one-half of the area of
land to beassessed.
ResolutionNo.2018-
Page2
2.That it confirms the diagram and assessment contained in the Engineer’s
Report
3.That it orders that the open space and maintenance facilities be
maintained.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that
the adoption of this Resolution constitutes the levy of assessments and collectibles as
proposed in the Engineer’sReport for the 2018/2019 Fiscal Year for Open Space
District 1.
Presented by:Approved as to form by:
David Bilby, MSBA, CPFOGlen R. Googins
Director of Finance/TreasurerCity Attorney
July 24, 2018 File ID: 18-0235
TITLE
A.ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 5.21, CANNABIS BUSINESS TAX, TO
TITLE 5 OF THE CHULA VISTA MUNICIPAL CODE TO ESTABLISH A TAX ON CANNABIS BUSINESS
ACTIVITY
B.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA: (A) AMENDING RESOLUTION
NO. 2018-128 CALLING A SPECIAL ELECTION TO BE HELD ON NOVEMBER 6, 2018; (B) ORDERING
SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A MEASURE SEEKING APPROVAL OF A
GENERAL BUSINESS LICENSE TAX ON CANNABIS BUSINESS ACTIVITY IN THE CITY; (C)
AUTHORIZING THE MAYOR TO SUBMIT BALLOT ARGUMENTS IN FAVOR OF THE MEASURE; AND
(D) DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE
RECOMMENDED ACTION
Council place the ordinance on first reading, and adoptthe resolution.
SUMMARY
Following City Council approval of a cannabis ordinance in March2018, staff has prepared a ballot measure
for City Council consideration for placement on the November 2018 ballot to impose a tax on cannabis
business activity in the City (Cannabis Tax). The Cannabis Tax is a general tax which, if approved by a
simple majority of the voters,can be spent for any lawful purpose of the city.
ENVIRONMENTAL REVIEW
The proposed activity has been reviewed for compliance with the California Environmental Quality Act
(CEQA) and it has been determined that the activity qualifies for an exemptionpursuant to State CEQA
Guidelines Section 15183 (Projects Consistent with a Community Plan or Zoning);Section 15301 (Existing
Facilities);Section 15303 (New Constructionor Conversion of Small Structures);and Section 15061(b)(3),
because it can be seen with certainty that there is no possibility that the activity in question may have a
significant effect on the environment. Thus, no further environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
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DISCUSSION
The Adult Use of Marijuana Act (AUMA), adopted by the voters of the State of California in November 2016,
decriminalized non-medicinal cannabis and established a regulatory system for non-medical cannabis
businesses in California. In June of 2017 the Medicinal and Adult-Use and Safety Act (MAUCRSA), enacted by
the California State Legislature established a comprehensive set of laws regulating both individual and
commercial medicinal and non-medicinal cannabis activity throughout the state of California.
Under California Business and Professional Code section 26200(a)(1), local jurisdictions are authorized to
either permit and regulate or prohibit the operation of cannabis businesses withintheir boundaries. In an
effort to mitigate the negativeimpacts brought by unregulated cannabis businesses, the City upon voter
approval of a tax desires to permit, license, and fully regulate commercial cannabis activity.
The City of Chula Vista has experienced the negative impacts and secondary effects associated with the
operation of unlawful cannabis businesses within its corporate boundaries. After considerable public debate
and evaluation of the pros and cons of allowing commercial cannabis business activity in the City, the Council
directed staff to prepare an ordinance which would regulate, permit and license commercial cannabis activity
in the City. (Cannabis Licensing Ordinance).
InMarch 2018, the CityCouncil approved the Cannabis Licensing Ordinance (OrdinanceNo. 18-3418; Chula
Vista Municipal Code chapter 5.19).The legal effectiveness of the Cannabis Licensing Ordinance was made
expressly contingent upon the Citys adoption of a business license tax on commercial cannabis business
activity. Accordingly,staff has prepared a ballot measure for City Council consideration for placement on the
November 2018 ballot. The proposed measure would adopt an ordinance which wouldestablish a five
percent,up to a maximum of fifteen percent,tax on the gross receipts of cannabis businesses;and a ten dollar
per square foot,up to a maximum of twenty-five dollarsper square foot,for space dedicated to cannabis
cultivation. Theproposed measure contemplates a general tax and, thus, requires approval by a simple
majority (50% plus 1 of those casting ballots). If approved, the tax proceeds can be spent for any lawful
general governmentpurposes..
Some key provisions of the provisions of the ordinance are set forth below:
1.Establishes a 5-15% gross receipts tax on all cannabis business, except commercialcannabis
cultivation;
2.Establishes a tax of $10-$25 per square foot of canopy on commercial cannabis cultivation
businesses, with a CPI inflator;
3.Allows the Council to adjust the tax rates within the specified ranges, without further approval form
the voters;
4.Requires businesses to register with the City prior beginning operation, and to pay a registration fee
to cover the Citys costs of implementing the tax, and other provisions of the chapter;
5.Provides that payment of the tax does not authorized the activity (chapter 5.19 sets forth the types
of cannabis activities that are allowed in the City) and that commercial cannabis activities are taxable,
even if they are being conducted without having complied with all laws and regulations;
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6.Requires remittance ofamounts due monthly for gross receipts taxes, and quarterly for commercial
cultivation canopy taxes, with interest and penalties for failure to timely remit;
7.Specifies that violation of the chapter is a misdemeanor.
If approved by the voters, the measurewill become effective ten days after certification of the election results
(approximately early December 2018).
In January 2018, the City engaged TrueNorth Research to conduct a public opinion survey to identify how
voter support is affected by a potential ballot measure to tax cannabis business in Chula Vista. The survey
results showed that 66%percent of voters supported a tax on cannabis activities.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific
and consequently, the 500-foot rule found in California Code ofRegulations Title 2, section 18702.2(a)(11),
is not applicable to this decision for purposes of determining a disqualifying real property-related financial
conflict of interest under the Political Reform Act (Cal. Govt Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any City Councilmember, of any other fact
that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The Citys Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community,
Strong and Secure Neighborhoods and a Connected Community. Securing funding supports economic
vitality.
CURRENT-YEAR FISCAL IMPACT
None. The estimated cost of placing the sales tax measure on the November ballot is approximately$70,000.
The cost will vary depending on the number of items on the ballot. The cost was included in the F/Y 19
budget.
ONGOING FISCAL IMPACT
If theballot measure is approved by the voters, it would generate approximately $6 million annually. If the
measure is approved by the voters, the City could begin permitting in 2019. The actual tax revenue will
depend on how many businesses are permitted andwhen they are fully operational.
ATTACHMENTS
None
Staff Contact: Kelley Bacon
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA ADDING
CHAPTER5.21, “CANNABIS BUSINESS TAX,”TO TITLE 5
OF THE CHULA VISTA MUNICIPAL CODE TOESTABLISH
A TAX ON CANNABIS BUSINESS ACTIVITY
WHEREAS, the Adult Use of Marijuana Act (AUMA), adopted bythe voters of the State
of California in November 2016, decriminalized non-medicinal cannabis and established a
regulatory system for non-medicinal cannabis businesses in California; and
WHEREAS, the Medicinal and Adult-Use Cannabis Regulation and SafetyAct
(MAUCRSA), enacted by the California State Legislature in June 2017, establisheda
comprehensive set of laws regulating both individual and commercial medicinal and non-medicinal
cannabis activity throughout the State of California; and
WHEREAS, under California Business and Professions Code section 26200(a)(1), local
jurisdictions are authorized to either permit and regulate or prohibit the operation of cannabis
businesses within their boundaries; and
WHEREAS, the City of Chula Vista has experiencedthe negative impacts and secondary
effects associated with the operation of unlawful cannabis businesses within its corporate
boundaries; and
WHEREAS, in response to changes in California law,after considerable public debate and
evaluation of the pros and cons of allowing commercial cannabis business activity in the City, the
City decided to license, and regulate commercial cannabis activity in the City; and
WHEREAS, the City implemented thisdecision by drafting and approving a comprehensive
licensing and regulatory system for commercial,including retail recreational, cannabis activity
pursuant to the terms of Ordinance No. 3418,adopted by the City Council on March 6, 2018 and
codified as Chula Vista Municipal Code Chapter 5.19 (“Cannabis Licensing Ordinance”); and
WHEREAS, the legal effectiveness of the Cannabis Licensing Ordinance was made
expressly contingent upon the City’s adoption of a business license tax on commercial cannabis
business activity; and
WHEREAS, this ordinance proposes such a tax on the terms presented for consideration by
the voters;
WHEREAS, the City of Chula Vista may, and does,impose license taxes on businesses in
the City for general purposes, pursuant to its home-rule authority and the City Charter;
WHEREAS, these business license taxes are imposed to raise revenue and not for
regulation; and
Ordinance No.
Page 2
WHEREAS, if approved by the voters, the revenues from the tax imposed by this ordinance
will be used to fund enforcement efforts against illegal cannabis businesses in the City, as well as
other general government purposes.
NOW, THEREFORE, subject to approval by a simple-majority vote of the electorateas
required by law, the Peopleof the City of Chula Vistado ordain as follows:
SECTION 1. The Chula VistaMunicipal Code is hereby amended to addchapter 5.21, as
set forth below,enacting a tax on the privilege of conducting business relating to cannabis in the
City of Chula Vista.
Chapter 5.21
CANNABISBUSINESS TAX
Sections
5.21.010Title.
5.21.020Effective Date.
5.21.030Purpose.
5.21.040Definitions.
5.21.050Cannabis Business Tax.
5.21.060Cannabis Cultivation Tax.
5.21.070Registration of Cannabis Businesses.
5.21.080Payment Obligation.
5.21.090Tax Payment Does Not Authorize Activity.
5.21.100Cannabis Tax is Not a Sales Tax.
5.21.110Amendments, Rate Adjustments,and Administration.
5.21.120Returns and Remittances.
5.21.130Failure to Pay Timely.
5.21.140Refunds.
5.21.150Enforcement.
5.21.160Consistency with Business Tax Rules.
5.21.170Successor and Assignee Responsibility.
5.21.180Debts, Deficiencies, and Assessments.
5.21.190Apportionment.
5.21.010TITLE.
This ordinance shall be known as the “Cannabis Business Tax Ordinance.”
5.21.020EFFECTIVE DATE.
Ordinance No.
Page 3
This ordinance shall take effect ten days after the certification of its approval by voters at the
November 6, 2018 election, pursuant to Elections Code section 9217.
5.21.030PURPOSE.
Thisordinance is intended to achieve the following purposes, among others, and shall be
interpreted to accomplish such purposes:
A.Impose a tax on the privilege of conducting the following activities within the City’s
jurisdiction: cultivating, transporting, dispensing, manufacturing, producing,
processing, preparing, storing, testing, providing, donating, selling, or distributing
Cannabis or Cannabis Products by commercial Cannabis Businesses in the City of
Chula Vista, pursuant to the State Medicinal and Adult-Use Cannabis Regulation and
Safety Act (California Business and Professions Code sections 26000, et seq.). as it
now exists or may be amended from time-to-time,and local law, whether or not
conducted in compliance with such laws;
B.Impose a general tax that generates revenue that may be used for any lawful purpose of
the City,in the discretion of the City Council;
C.Specify the type of tax and rate of tax to be levied and the method of collection; and
D.Comply with all requirements for imposition of a general tax.
This chapter is enacted solely to raise revenue and not for regulation. It shall apply to all Persons
engagedin Cannabis Business in the City. The tax imposed by this chapter is a general tax under
ArticlesXIIIA and XIII Cof the California Constitution.
This chapter does not authorize the conduct of any business or activity in the City, but provides
for the taxation of such businesses or activities as they occur. Neither the imposition of such tax
by the City nor the payment of such tax by the taxpayer shall imply that the activity being taxed is
lawful.
This chapter shall apply to each Cannabis Business in the City, whether or notsuch business has a
permitor licenseissued pursuant to the City of Chula Vista Municipal Code.
5.21.040DEFINITIONS.
The following definitions shall apply to the construction of this chapter unless the context is such
that it is plainthata different meaning is intended:
A.“Adult-Use Cannabis” shall have the meaning ascribed to it in Chula Vista
Municipal Code Chapter 5.19, as may be amended from time-to-time.
B."Cannabis"shall have the meaning ascribed to it in Chula Vista Municipal Code
Chapter 5.19, as may be amended from time-to-time.
C.“Cannabis Accessory” is any device intended to aid in the use of Cannabis or
Cannabis Products which does not itself consist in all or part of Cannabis or Cannabis
Products, and includes “Cannabis Products” as defined in Health and Safety Code section
11018.2, and by other state and local law.
Ordinance No.
Page 4
D."Cannabis Business" means the activity of any natural or legal Person, business, or
collective in the City relating to Cannabis, including but not limited to Cultivation
(including Cannabis Nurseries), Transportation, Distribution, Manufacture, compounding,
conversion, processing, preparation, testing, storage, packaging, Delivery and Sales
(wholesale and/or retail sales) of Cannabis, Cannabis Products, or any accessories for the
use of Cannabis or Cannabis Products, whether or not carried on for gain or profit, whether
for medical or recreational use, and whether or not such business is licensed by the State.
A Cannabis Business does not includeany business the only relationship of which to
Cannabis or Cannabis Products is the production or Sale of Cannabis Accessories.
E.“Cannabis Nursery” means a facility or part of a facility that is used for production
of clones, immature plants, seeds, and other agricultural products used specifically for the
planting, propagation, and Cultivation of Cannabis.
F."Cannabis Product" shall have the meaning ascribed to it in Chula Vista Municipal
Code Chapter 5.19, as may be amended from time-to-time.
G."Canopy" shall have the meaning ascribed to it in Chula Vista Municipal Code
Chapter 5.19, as may be amended from time-to-time.
H.“City” means the City of Chula Vista.
I.“City Attorney” means the City Attorneyof the City of Chula Vista, or designee.
J.“City Manager” means the City Managerof the City of Chula Vista, or designee.
K."Commercial Cannabis Cultivation" means Cultivation conducted by, for, or as part
of a Cannabis Business. Commercial Cannabis Cultivation does not include Cultivation for
personal adult-use as authorized under the MAUCRSA, for which the individual receives
no compensation whatsoever.Commercial Cannabis Cultivation also excludes Cannabis
Nursery businesses.
L."Cultivation" shall have the meaning ascribed to it in Chula Vista Municipal Code
Chapter 5.19, as may be amended from time-to-time.
M."Cultivator" shall have the meaning ascribed to it in Chula Vista Municipal Code
Chapter 5.19, as may be amended from time-to-time.
N."Delivery" shall have the meaning ascribed to it in Chula Vista Municipal Code
Chapter 5.19, as may be amended from time-to-time.
O.“Director of Finance” means the Director of Finance of the City of Chula Vista.
P.“Distribution” shall have the meaning ascribed to it in Chula Vista Municipal Code
Chapter 5.19, as may be amended from time-to-time.
Q."Gross Receipts" means the following: (1) the total amount of consideration
actually received or receivable from all Sales; (2) the total amount ofcompensation actually
received or receivable for the performance of any act or service, of whatever nature, for
Ordinance No.
Page 5
which a charge is imposedor credit allowed, whether or not such act or service is done as
a part of or in connection with the Sale of materials, goods, wares or merchandise; (3) any
and all rents, royalties, fees, commissions, or dividendsreceived or receivable, and (4)
gains realized from trading in stocks or bonds, however designated. Included in "Gross
Receipts" shall be all receipts, cash, credits and property of any kind or nature, without any
deduction or setoff therefrom on account of the cost of the property sold, the cost of
materials used, labor or service costs, interest paid or payable, or losses or other expenses
whatsoeverexcept the following shall be excluded therefrom:
1.Cash discountsallowed and taken on Sales.
2.Credit allowed on property accepted as part of the purchase price and which
property may later be sold, at which time the sales price shall be included as “Gross
Receipts”;
3.Any tax required by law to be included in or added to the purchase price and
collected from the consumer or Purchaser;
4.Such part of the Sale price of property returned by Purchasers upon rescission of a
contract of Sale as is refunded either in cash or by credit;
5.Receipts of refundable deposits, except that such deposits when forfeited and taken
into income of the businessshall not be excluded;
6.Amounts collected for others where the business is acting as an agent or trustee to
the extent that such amounts are paid to those for whom collected, provided the
agent or trustee has furnished the administrator with the names and addresses of the
others and the amounts paid to them. This exclusion shall not apply to any fees,
percentages, or other payments retained by the agent or trustee;
7.Cash value of Sales, trades or transactions between departments or units of the same
business;
8.Receipts from investments where the holder of the investment receives only interest
and/or dividends, royalties, annuities, and gains from the Sale or exchange of stock
or securities solely for a Person’s own account, not derived in the ordinary course
of business;
9.Receipts derived from the occasional Sale of used, obsolete, or surplus trade
fixtures, machinery, or other equipment used by the taxpayer in the regular course
of the taxpayer’s business;
10.Whenever there are included within the Gross Receipts amounts which reflect Sales
for which credit is extended and such amount proved uncollectible in a subsequent
year, those amounts may be excluded from the Gross Receipts in the year they
prove to be uncollectible, provided, however, if the whole or portion of such
amounts excluded as uncollectible are subsequently collected they shall be included
in the amount of Gross Receipts for the period when they are recovered;
11.Transactions between a partnership and its partners;
12.Transactions between a limited liability company and its member(s), provided the
limited liability company has elected to file as a Subchapter K entity under the
Internal Revenue Code and that such transaction(s) shall be treated the same as
between a partnership and its partner(s) as specifiedin Subsection 10., above; and
13.Receipts from services or Sales in transaction between affiliated corporations; an
affiliated corporation is defined as a corporation:
a.Which owns at least eighty percent of the voting and non-voting stock of
such other corporation; or
Ordinance No.
Page 6
b.The voting and non-voting stock of which is owned at least eighty percent
by such other corporation with which such transaction is had; or
c.At least eighty percent of the voting and non-voting stock of which is owned
by a common parent corporationwhich also has such ownership of the
corporation with which such transaction is had.
As to any Person engaged in the business of manufacturing or processing any goods, wares,
merchandise, article or commodity at a fixed place of business within the City which does
not generate Gross Receipts as defined herein within the City, Gross Receipts shall be
deemed to include the total of all expenses incurred in the manufacturing or processing of
such goods at the business location within the City for payroll, utilities, depreciation, and/or
rent.
As to any Person engaged in the business of operating an administrative headquarters at a
fixed place of business within the City who does not have Gross Receipts as defined herein
within the City, Gross Receipts shall be deemed to include the total gross payroll of all
Persons employed at such administrative headquarters.
R.“Manufacture” shall have the meaning ascribed to it in Chula Vista Municipal Code
Chapter 5.19, as may be amended from time-to-time.
S.“Operation”shall have the meaning ascribed to it in Chula Vista Municipal Code
Chapter 5.19, as may be amended from time-to-time.
T.“Owner” shall have the meaning ascribed to it in Chula Vista Municipal Code
Chapter 5.19, as may be amended from time-to-time.
U.“Person” shall have the meaning ascribed to it in Chula Vista Municipal Code
Chapter 5.19, as may be amended from time-to-time.
V.“Purchaser” shall have the meaning ascribed to it in Chula Vista Municipal Code
Chapter 5.19, as may be amended from time-to-time.
W.“Sale” and “Sell” shall have the meaning shall have the meaning ascribed to them
in Chula Vista Municipal Code Chapter 5.19, as may be amended from time-to-time.
X.“State” shall mean the State of California.
Y.“Transport” shall have the meaning ascribed to it in Chula Vista Municipal Code
Chapter 5.19, as may be amended from time-to-time.
5.21.050CANNABIS BUSINESS TAX.
A.There is hereby imposed on every Cannabis Business in the City,excluding
Commercial Cannabis Cultivation,an annual tax at a rate to be established from time-
to-time by ordinance or resolution of the City Council. The tax for all Cannabis
Businesses,excluding Commercial Cannabis Cultivation businesses,shall be imposed
Ordinance No.
Page 7
with respect to the Gross Receipts of such businesseswithin the rangeof five percent
(5%), up to a maximum offifteen percent (15%),of thebusiness’Gross Receipts. The
tax imposed under this section shall be due and payable as provided in section 5.21.120.
The tax upon Commercial Cannabis Cultivation businesses, shall beimposed as
providedin Section 5.21.060, below.
B.The City Council may by resolution, in its discretion, implement a tax rate lower than
the maximum rate established in subsection A.of this section for all Persons engaged
in a Cannabis Business in the City, or establish differing tax rates for different
categories of Cannabis Business. The City Council may, by resolution, also decrease
or increase any such tax rate from time to time, provided that the tax rate shall not, at
any time, be below the minimum, or above the maximum, tax rates established in
subsection A.of this section.
C.Cannabis Businesses subject to the tax imposed by subsections A.and B.of this section
shall also register and pay the registration fee described in section5.21.070, and shall
comply with Chula Vista Municipal Code chapter 5.19, except that they shallbe exempt
from paying the general business tax imposedby Chapter 5.04. Any Cannabis Business
not subject to the tax imposed by subsections A. and B.of this section is subject to the
general business tax imposed by Chapter 5.04,except as otherwise provided by this
Code, including section 5.21.060, below,or other applicable law.
5.21.060CANNABIS CULTIVATION TAX.
A.There is hereby imposed on every Cannabis Business engaged in Commercial Cannabis
Cultivation in the City, an annual tax in an amount established from time-to-time by
ordinance or resolution of the City Council. The tax for all Commercial Cannabis
Cultivation Businesses shall be in the range of $10to $25 per square foot of Canopy,
or fraction thereof. Thesemaximum square foot tax rates shall be adjusted annually
st
(and rounded up to the nearest cent) each January 1based on the year-over-year
percentage change in the Bureau of Labor Statistics SanDiegoMetropolitan Area
Consumer Price Index forAll Urban Consumers (CPI-U) October to October
comparison, or if such index is discontinued, a comparable or successor consumer price
index designated by the City Council. The tax imposed by this section shall be due and
payable in installments as provided in section 5.21.120, below.
B.Every Commercial Cannabis Cultivation business shall pay:(i) the Cultivation tax
imposed by this section,instead of the tax imposed by section 5.21.050,on its
Cultivation activity and (ii) the tax imposed by section 5.21.050 on any and allof its
other Cannabis Business activities. The activity of Cannabis Nurseries as defined in
section 5.21.040, above,is subject to the tax imposed by section 5.21.050 rather than
the tax imposed by this section.
C.The City Council may,by resolution, in its discretion, implement a tax rate lower than
the maximum rate set forth in subsection A.of this sectionfor all businesses engaged
in Commercial Cannabis Cultivation in the City or establish tax rates for categories of
Commercial Cannabis Cultivation. The City Council may, by resolution, also decrease
or increase any such tax rate from time to time, provided that the tax rate shall not, at
Ordinance No.
Page 8
any time, be belowthe minimum, orabove the maximum,rates established in
subsection A.of this section.
D.Cannabis Businesses engaged in Cultivation and subject to the tax imposed by
subsections A.and B.of this section and liable for the tax imposed by this chapter shall
also register and pay the registration fee described in section 5.21.070, and shall comply
with Chula Vista Municipal Code chapter 5.19, except that they shall be exempt from
paying the general business tax imposed by Chapter 5.04. Any Cannabis Business
engaged in Cultivation not subject to the tax imposed by subsections A. and B. of this
section is subject to the general business tax imposed by Chapter 5.04, except as
otherwise provided by this Code, including section 5.21.050, above,or other applicable
law.
5.21.070REGISTRATION OF CANNABIS BUSINESSES.
A.All Persons engaging in a Cannabis Business, whether an existing, newly-
established or acquired business, shall register with the City Manager's office by the later
of (i) 30 days prior tocommencing Operation or (ii) by January 1, 2019and shall annually
renew such registration no less frequently than onecalendar year after the date of the most
recent registration. In registering, such Persons shall furnish to the City Manager a sworn
statement, upon a form provided by the City Manager, setting forth the following
information:
1.The name of the Cannabis Business;
2.The names and addresses of each Owner;
3.The nature or kind of all business activity to be conducted;
4.The place or places where such Cannabis Business is to be carried on; and
5.Any further information which the City Manager may require.
B.Registrantsshall pay an annual registration fee in an amount established from time
to time by ordinance or resolution of the City Council to recover the City's costs to
implement the taxes imposed under this chapter, the registration requirement of this
section, and the other provisions of this chapter. As a regulatory fee, such fee shall be
limited to the City's reasonable regulatory costs.
C. The tax registrationformand the applicationrequired under Chapter 5.19 of this Code
may constitute a single document.
5.21.080 PAYMENT OBLIGATION.
All taxpayers subject to a tax underthis chapter shall pay that tax regardless of any rebate,
exemption, incentive, or other reduction set forth elsewhere in this Code, except as required by
State or federal law. Failure to pay such a tax shall be subject to penalties, interest charges, and
assessments as provided in this chapter and the City may use any andall other code enforcement
remedies available at law or in equity. No provision of this Code shall be interpreted to reduce a
tax rate established under this chapter or otherwise reduce the taxes paid hereunder unless the
provision specifically expresses that reduction.
Ordinance No.
Page 9
5.21.090TAX PAYMENT DOES NOT AUTHORIZE ACTIVITY.
The payment of a tax imposed under this chapter shall not be construed to authorize the conduct
or continuance of any illegal business or of a legal business in an illegal manner. Nothing in this
chapter authorizes or implies the lawfulness of any activityconnected with the Distribution or
possession of Cannabis unless otherwise authorized and allowed in strict and full conformance
with this Code, including without limitation chapter 5.19. Nothing in this chapter shall be applied
or construed as authorizing the Sale, Cultivation (including Cannabis Nurseries), Transportation,
Distribution, Manufacture, compounding, conversion, processing, preparation, testing, storage,
packaging, Delivery andSale (wholesale and/or retail sales) of Cannabis, Cannabis Products, or
any accessories for the use of recreational Cannabis or Cannabis Products.
5.21.100CANNABIS TAX IS NOT A SALES TAX.
The taxes provided for under this chapter are excises on the privilege of doing business in the City
and legally incident on those engaged in such business. They arenot sales or use taxesand shall
not be calculated or assessed as such. Nevertheless, at the option of the taxpayer, the tax may be
separately identified on invoices, receipts and other evidences of transactions.
5.21.110AMENDMENTS, RATE ADJUSTMENTS,AND ADMINISTRATION.
A.Voters approved this chapter. Any amendment to this chapter to increase the taxes
above the maximum rates, or decrease them below the minimum rates,provided by this
chapter requires further voter approval. The voters authorize the City Council to set the
taxesat or below the applicablemaximums, and at or above the applicable minimums,
or otherwise to amend, modify, change, or revise any provision of this chapter as the
City Council deems in the best interest of the City.In addition, the City Council may
establish exemptions, incentives, or other reductions, and penalties and interest charges
or assessments for failure to pay the tax when due, as otherwise allowed by the City
Charter, the City’s Municipal Code,and Statelaw. No action by the City Council under
this section shall prevent it from later adjusting the tax or removing any exemption,
incentive, or reduction, and restoring the maximumtax authorized by this chapter,
within the ranges specified insections5.21.050and 5.21.060and provided that the
Council’s action does not otherwise constitute a tax “increase” within the meaning of
Government Code section 53750, subdivision (h).
B.The City Manager, in consultation with the City Attorney,may adopt administrative
policies to promulgate rules, regulations, and procedures to implement and administer
this chapterto ensure the efficient and timely collection of the taxes imposed by this
chapter, including without limitation, formulation and implementation of penalties and
interest to be assessed for failure to pay the taxes as provided.Such policies shall be:
(i) effective upon the date specified in the policy; (ii) signed by the City Manager and
City Attorney; and (iii) posted on the City website by the City Clerk prior to
implementation.
C.The City Manager shall annually audit the Cannabis taxes imposed by this chapter to
verify that tax revenues have been properly collected and expended in accordance with
the law.
Ordinance No.
Page 10
D.Pursuant to California Constitution, article Xlll B, the appropriation limit for the City
is increased to the maximum extent over the maximum period of time allowed under
law to allow expenditureof allrevenues generated by the taxes and feesimposedor
authorizedby this chapter.
5.21.120 RETURNS AND REMITTANCES.
The taxes imposed by this chaptershall be due and payable as follows:
A.Each Cannabis Business owing tax under this chapter shall provide a tax return to the
City Manager within thirty days following the last day of each month, stating the tax
owedfor that month,and the basis of its calculation. The taxpayer shall remit the tax
owed to the City Managerwhen the return is due whether or not a return is filed as
required.
B.The tax for Commercial Cannabis Cultivation imposed by this Chapter shall be paid,
in arrears, on a quarterly basis. Thetax due for each calendar quarter shall be based on
the square footage of the business’s Canopy space during the quarter and the rate shall
be 25% of the applicable annual rate.
C.All tax returns shall be completed on forms provided by the City Manager.
D.Tax returns and payments for all outstanding taxes, fees, penalties and interest owed
the City are immediately due upon cessation of business for any reason.
E.Whenever any payment, statement, report, request or other communication is received
by the City Manager after the time prescribed by this chapterfor its receipt, but is in an
envelope postmarked on or before the date prescribed by this section for its receipt, the
City Manager shall regard such payment, statement, report, request, or other
communication as timely. If the due date falls on Saturday, Sunday, or another day
when the City is not open for business, the due date shall be the last earlier business
day on which City Hall is open to the public.
F.Unless otherwise specifically provided by this chapter, the taxes imposed by this
chapter shall be deemed delinquent if not paid on or before the due date specified in
subsection A.of this section.
G.The City Manager may, but need not,send a delinquency or other notice or bill to any
Person subject to a tax or fee imposed by this chapter and failure to send such notice or
bill shall not affect the validity of any tax, fee, interest or penalty due under this chapter.
5.21.130 FAILURE TO PAY TIMELY.
A.Any Person who fails or refuses to pay any tax or fee imposed by this chapter when due
shall pay penalties and interest as follows:
1.A penalty equal to 10percent of the tax or fee,in addition to the amount of the
tax; and
Ordinance No.
Page 11
2.An additional penalty equal to 25 percent of the amount of the tax or fee if
unpaid for more than a month beyond the due date; and
3.Interest charges on the amount of any and all unpaid taxes, fees, or penalties at
the rate of one percentinterest per month from the date due until paid.Interest
shall be applied at the rate of one percentper month on the first day of the month
for the full month and will continue to accrue monthly on the tax and penalty
until the balance is paid in full.
B.If a check is submitted in payment of a tax or fee and is returned unpaid by the bank
upon which drawn, and the check is not redeemed before the due date, the taxpayer will
be liable for the tax or fee due plus penalties and interest as provided for in this section
plus any amount allowed under State law for the returned check.
C.The tax due shall be that amount due and payable from the later of (i) the effective date
of the taxes under this chapter as determined by resolution of the City Council or (ii)
thefirst date on which the Cannabis Business first operated in the City.
D.The City Manager may waive some or all of the penalties imposed by this section as to
any Person if:
1.The Person provides evidence satisfactory to the City Manager that failure to
pay timely was due to circumstances beyond the control of the Person and
occurred notwithstanding the exercise of ordinary care and the absence of
willful neglect, and the Person paid the delinquent tax or fee and accrued
interest owed the City upon applying for a waiver.
2.A waiver authorized by this subsection shall not apply to tax, fee or interest and
may be granted to a taxpayer only once during any 24-month period.
5.21.140REFUNDS.
A.No refund shall be made of any tax collected pursuant to this chapter, except as
provided in this section.
B.No refund of any tax collected pursuant to this chapter shall be made because of the
discontinuation, dissolution, or other termination of a Cannabis Business.
C.Any Person entitled to a refund of sums paid under this chapter may elect to have such
refund applied as a credit against future obligations under this chapter.
D.Whenever any tax, fee, penalty, or interest under this chapter has been overpaid, paid
more than once, or has been erroneously or illegally collected or received by the City,
such amount shall be refunded to the Person who paid the tax upon a timely written
claim for refund filed with the City Manager.
E.The City Manager may examine and audit all the books and business records of the
claimant to determine eligibility to the claimed refund. No claim for refund shall be
allowed if the claimant refuses to allowsuch examination of the claimant's books and
Ordinance No.
Page 12
business records.Claims for refund shall be filed in accordance with chapter 1.34 of
this code.
F.A sum erroneously paid under this chapter due to an error of the City shall be refunded
to the claimant in full upon a timely claim. If an error is attributable to the claimant, the
City may retain an amount established by ordinance or resolution of the City Council
from time-to-time in an amount sufficient to recover the City's cost to process the claim
and refund the balance.
G.The City Manager shall initiate a refund of any sum overpaid or erroneously collected
under this chapter whenever the overpayment or erroneous collection is disclosed by a
City audit for the period of time for whicha timely claim might thenbe filed under the
Government Claims Act.
5.21.150ENFORCEMENT.
A.The City Manager shall enforce this chapter.
B.The City Manager may audit and examine all business locations, books and records of
Cannabis Businesses, including both State and federal income tax returns, California
sales tax returns, or other evidence documenting the Gross Receipts of a Cannabis
Business to ascertain any tax due under this chapter and to verify any returns or other
information any Person submits to the City under this chapter. If a Cannabis Business,
after written demand by the City Manager, refuses to make available for audit,
examination or verification such locations, books, and records as the City Manager
requests, the City Manager may, after full consideration of all such information as is
available make an assessment of the tax or fee due and demand payment from the tax-
or fee-payer, together with any penalties and interest due for late payment.
C.The criminal conviction and punishment of any Person for failure to pay a sum required
under this chapter shall not excuse or exempt such Person from any civil action for the
debt. No civil action shall prevent a criminal prosecution for any violation of this
chapter or of any State law requiring the payment of all taxes. No election of remedies
shall apply to the enforcement of this chapter or any other provision of this Code and
the City may pursue one or more remedies in its discretion provided only that no double
recovery shall be permitted.
D.Any Person violating any of the provisionsof this chapter or any regulation or rule
adopted pursuant to it, or knowingly or intentionally misrepresenting any material fact
to the City in procuring a certificate or document fromthe City under this chapter, or
under chapter 5.19, shall be guilty ofa misdemeanor unless the City Attorney, in his or
her discretion, elects to prosecute it as an infractionin the interests of justice.
E.In addition to the penalty imposed for a failureto timely pay any tax or fee imposed by
this chapter,pursuant to Section 5.21.130, the City’s Director of Financeshall have the
discretion to issue an administrative citation with respect to said failure, and impose an
Ordinance No.
Page 13
administrative fine in the amount of $2,000 for each month that any payment of tax is
overdue. Each Cannabis Business subject to any such administrative citation and fine
shall have the opportunity to appeal same pursuant to the process set forth in Section
5.19.050 of this Code.
F.In the event that any appeal as to an administrative citation and fine pursuant to this
Section 5.21.150, or any other action in relation thereto takes place, the prevailing party
shall be entitled to recover its attorneys' fees and, if the City prevails,administrative
costs incurred.
5.21.160 CONSISTENCY WITH BUSINESS TAX RULES.
The People of the City of Chula Vistaintend this chapter to be enforced consistently with Chapter
5.04, of this Code and any rule or regulation promulgated under that Titleexcept as expressly
provided to the contrary in this chapter.
5.21.170SUCCESSOR AND ASSIGNEE RESPONSIBILITY.
A.If any Person, while liable for any amount under this chapter, sells, assigns or otherwise
transfers half or more of a taxed Cannabis Business, whether voluntarily or
involuntarily,the Person's successor, assignee or other transferee, or other Person or
entity obtaining ownership or control of the business ("transferee") shall pay that
amount when due.A transferee shall notify the Director of Finance of a transfer 30 days
before the transfer date; or if the agreement to sell, transfer, or otherwise dispose of the
business is made less than 30 days before the date of transfer, on the first day the City
is open for business after the transfer.
B.A transferee shall be deemed to have satisfied an unpaid liability if the transferee
complies with the requirements of California Revenue and Taxation Code Section
7283.5 and this section by withholding from the purchase price, for the benefit of the
City, anamount sufficient to cover the liability, or by otherwise paying the liability and
obtaining from the Director of Financea "Tax Clearance Certificate" showing that all
outstanding liability has been paid through the date of transfer.
C.Within 90 days of receiving a written request from a transferee, the Director of Finance
may issue a "Tax Clearance Certificate" stating either the amount due as to the business
under this chapter, or stating that there is no liability due for the business through a
stated date. The Director of Financemay also request financial records from the
transferor to audit the amount due under this chapter. The Director of Financeshall
issue a tax clearance certificate within 30 days of completing the audit, stating any
amount owed,unless the Director of Financedetermines the records provided for audit
are insufficient to determine whether taxes, fees, penalties and/or interest are due and
in what amounts. If so, the Director of Financemay rely on available information to
estimateany amount due and shall issue a tax clearance certificate stating that amount.
A written application for an appeal hearing on the amount assessed on a tax clearance
certificate must bemade within 10 days after the Director of Financeserves or mails
thecertificate. The appeal provision of Section5.19.050of this Code shall apply. If a
timely application for a hearing is not made, the tax clearance certificate shall serve as
Ordinance No.
Page 14
conclusive evidence of the liability under this chapter associated with the business
through the date stated on the certificate.
5.21.180DEBTS, DEFICIENCIES AND ASSESSMENTS.
A.The amount of any tax, fee, penalties, and interest imposed by this chapter shall be
deemed a debt to the City and any Person operating a Cannabis Businesswithout first
having procured a business license(s) and paid all requisite business license taxes,as
provided in this Chapter and Chapter 5.19shall be liable in an action in the name of the
City in any court of competent jurisdiction for the amount due.
B.If no return or statement is timely filed, or if the City Manager is not satisfied that any
return or other statement filed under this chapter is correct, or that the amount due is
correctly computed, the City Manager may determine that amount and make a
deficiency determination upon available information. The City Managermay make one
or more deficiency determinations for a period or periods. When a Person discontinues
engaging in a business, theCity Manager may make a deficiency determination at any
time within three years thereafter as to any liability arising from engaging in such
business whether or not a deficiency determination is issued before the date the tax
would otherwise be due. Whenever a deficiency determination is made, a notice shall
be given to the Person concerned as are notices of assessment under subsections C, D,
and E of this section.
C.Under any of the following circumstances, the City Manager may make and give notice
of an assessment of taxes, fees, penalties and interest owed under this chapter:
1.If the Person has not filed any statement or return required by this chapter;
2.If the Person has not paid any tax, fee, penalty or interest due under this
chapter;
3.If the Person has not, after demand by the City filed a corrected statement
or return, or adequate substantiation of the information contained in a statement or
return previously filed, or paid any additional amount due under this chapter;
4.If the City Manager determines nonpayment of any amount due under this
chapter or Chapter 5.04is due to fraud, a penalty of 25 percent of the amount of
otherwise due shall be added thereto in addition to penalties and interest otherwise
stated in thischapter.
5.The notice of assessment shall separately set forth any amount the City
Manager knows or estimates to be due under this chapter, including any penalties
or interest accrued to the date of the notice.
6.A notice of assessment shall be served upon the tax-or fee-payer either by
personal service or by a deposit in the United States mail, postage prepaid,
addressed to the address appearing on the City Licenseissued under Chapter 5.19,
Ordinance No.
Page 15
or such other address as a tax-or fee-payormay provide the City Manager in writing
for notices under this chapter or Chapter 5.19; or, should the Person have no
business tax certificate issued and no address provided to the City Manager for such
purpose, then to such Person's last known address. Service by mail is complete upon
deposit in the United States mail as provided in this paragraph.If no address is
known, notice may be given by posting at or near the location of the business.
D.Within 10 days after service of a notice of assessment, the tax-or fee-payer may apply
in writing to the City Manager for a hearing on the assessment. If no timely application
for a hearing is made, the amount assessed shall be final and conclusive. Within 30
days of the receipt of an application for hearing, the City Manager shall cause the matter
to be set for an administrative hearing pursuant to chapter 1.40 of this code. The City
Manager shall give notice of such hearing to the Person requesting it not later than five
days before the hearing. At such hearing, the applicant may appear and offer evidence
why the assessment should not be confirmed. After such hearing, the hearing officer
shall determine the amount due under this chapter and shall give written notice to the
Person as prescribed in this chapter for giving notice of assessment. That decision is
final as to the City, but either the City or the appellantmay seek judicial review as
provided by California Code of Civil Procedure section 1094.5.
5.21.190 APPORTIONMENT
A. No tax imposed by this chapter shall be applied so as to occasion an undue burden upon
interstate commerce or violate the equal protection and due process clauses of the Constitutions
of the United States or the State of Californiaor otherwise exceed the City’s lawful authority.
B. If any case where a business tax imposed under this chapter is believed by a taxpayer to
place an undue burden upon interstate commerce or violate such constitutional clausesor other
applicable law, the taxpayer may apply to the City Manager for an adjustment of the tax. It shall
be the taxpayer’s obligation to request in writing for an adjustment within one year after the date
of payment of the tax. If the taxpayer does not request in writing within one year from the date of
payment, then the taxpayer shall be conclusively deemed to have waived any adjustment for that
year.
C. The taxpayer shall, by sworn statement and supporting testimony, show the method of
business and the gross revenues and/or Canopyof business and such other information as the City
Manager may deem necessary to determine the extent, if any, of such undue burden or violation.
The City Manager shall then conduct an investigation, and shall fix as the tax for the taxpayer an
amountthat is reasonable,nondiscriminatory,and lawful, or if the tax has already been paid, shall
order a refund of the amount over and above the tax so fixed. In fixing the tax to be charged, the
City Manager shall have the power to basethe tax upon a percentage of Gross Receipts or any
other measure which will ensure that the tax assessed shall be uniform with that assessed on
businesses of like nature, so long as the amount assessed does not exceed the tax as prescribed by
this chapterand permitted by applicable law.
Ordinance No.
Page 16
D. The City Manager may require the taxpayer to submit a sworn statement of the Gross
Receipts, Canopy size, or other data required to calculate the taxand to pay the amount of tax as
determined by the City Manager.
SECTION 2.AMENDMENT. To the extent authorized byArticle XIIIC of the California
Constitution, this ordinance may be amended by the City Council without a vote of the People.
Voter approval is required for any amendment that would increase, within the meaning of
Government Code section 53750(h),beyond the maximum rates, or decrease the rates below the
minimum rates, authorized by this Ordinance.
SECTION 3.SEVERABILITY. If any provision of this Ordinance or the application
thereof to any person or circumstance is held invalid, the remainder of the Ordinance and the
application of such provision to other persons or circumstances shall not be affected thereby. The
People hereby declare that they would have adopted this Ordinance and each portion thereof
regardless of the fact that an invalid portion or portions may have been present in the Ordinance.
SECTION 4. CEQA. This measure to be submitted to the voters adopts a general tax to
fund any legitimate purpose of the City. As such, under CEQA Guidelines section 15378(b)(4),
the tax is not a project within the meaning of CEQA because it creates a government funding
mechanism that does not involve any commitment to any specific project that may result in a
potentially significant impact on the environment. Therefore, under CEQA Guidelines section
15060, review under CEQA is not required.
SECTION 5.EFFECTIVE DATE. This Ordinance relates to the levying and collecting of
the City's Cannabis tax and shall not take effect until ten days after the certification of its approval
by the majority of the voters voting at the general municipal election to be held on November 6,
2018pursuant to Elections Code section 9217.
SECTION 6. CERTIFICATION; PUBLICATION. Upon approval by the voters, the City
Clerk shall certify to the passage and adoption of this Ordinance and shall cause it to be published
according to law.
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA:(A) AMENDING RESOLUTION NO. 2018-128
CALLING A SPECIAL ELECTION TO BE HELD ON
NOVEMBER 6, 2018; (B) ORDERING SUBMISSION TO THE
QUALIFIED ELECTORS OF THE CITY A MEASURE
SEEKING APPROVAL OF A GENERAL BUSINESS LICENSE
TAX ON CANNABIS BUSINESSACTIVITYIN THE CITY; (C)
AUTHORIZING THE MAYOR TO SUBMIT BALLOT
ARGUMENTS IN FAVOR OF THE MEASURE; AND (D)
DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS OF THE MEASURE
WHEREAS, the City of Chula Vista, may impose license taxes on businesses in the City
for general purposes, pursuant to its home-rule authority and the City Charter, subject to approval
by a majority of voters;and
WHEREAS, the newly lawful cannabis businesses in the City will create significant
demand for City services, including regulation, law enforcement, and other services;
WHEREAS,theCityCouncilfindsit is appropriate that these businesses fund the cost of the services
they require;and
WHEREAS, pursuant to California Elections Code Section 9222, the City Council may
submit an ordinance directly to the voters for approval; and
WHEREAS, the City Council has adopted an ordinance adding Chapter 5.21 to the Chula
Vista Municipal Code, entitled, “Cannabis Business Tax” (the “Ordinance”), which establishes a
business license tax on commercial cannabis businessesin the City (the “Cannabis Tax”); and
WHEREAS, this business license tax is imposed to raise revenue and not for regulation;
and
WHEREAS, the Ordinance, attached to this Resolution as Exhibit A and incorporated by this
reference, wouldimpose a business license tax on persons engaged in commercial activity
involving cannabis products in the City of Chula Vista; and
WHEREAS, in accordance with the provisions of the Chula VistaCharter and State law, a
Special Municipal Election was called by the City Council pursuant to Resolution No. 2018-128,
to be held on Tuesday, November 6, 2018; and
WHEREAS, the City Council desires to amend that Resolution in order to add theCannabis
Business Tax Ordinanceto the November 6, 2018 ballot; and
WHEREAS, if approved by the voters, the tax proceeds derived as a result of the Ordinance
will be used to fund enforcement efforts against illegal cannabis businesses in the City, as well as
other general government purposes.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
as follows:
SECTION 1. All of the foregoing recitals are true and correct.
SECTION 2. The City Council,pursuant to its right and authority, does hereby order
submitted to the voters at the Special Municipal Election on November 6, 2018the proposed
Measure (the “Cannabis Business Tax Ordinance”), attached as Exhibit “A”and incorporated
into this resolution by this reference.
SECTION 3. The type, rate, and method of collection of the tax are set forth in the
Cannabis Business Tax Ordinance, the full text of which shall be printed and made available
to voters pursuant to Section 9223 of the Elections Code.
SECTION 4. The ballot label for the proposed Measure shall be submitted to the
electorate for a “Yes” or “No” vote as follows:
Shall the measure to impose a business license tax of at least 5%, YES
and up to 15%, of gross receipts on cannabis (marijuana)
businesses, and at least $10, and up to $25, per square foot on
space dedicated to cannabis cultivation, to raise an estimated
$6,000,000per year, until voters change or repeal it, to fund
general City services, including enforcement efforts against
NO
cannabis businesses that are operating illegally, be adopted?
SECTION 5. Pursuant to Article XIII C of the California Constitution, this measure requires
the approval of a simple majority of voters (50% plus 1 of those casting ballots).
SECTION 6.Resolution No. 2018-128is amended accordingly and the City Clerk is
authorized, instructed, and directed to take all actions necessary to add the Cannabis Business
Tax Ordinance to the November 6, 2018 ballot.
SECTION 7. Pursuant to California Elections Code Section9282, theCityCouncil
hereby acknowledges its authority, and the authority of any individual voterwhoiseligible
tovoteonthemeasure, orbonafideassociationofcitizens, oranycombinationof voters
and associations, to submit a written argument, not to exceed 300 words, fororagainst
the measure, and authorizes the Mayor to submit arguments in favor of the measure, on
behalf of the City Council. Arguments must be submitted to the City Clerk, and maybe
changeduntilandincludingthedatefixedbytheCityClerk,afterwhichnoarguments
fororagainstthemeasuremaybesubmitted,withdrawnorchanged.
Resolution No.
Page 3
SECTION 8. Pursuant to Elections Code section 9285, rebuttal arguments willbe
allowed.Therebuttal argumentsmaynotexceed 250words. Rebuttal arguments must be
submitted to the City Clerk, and may be changed until and including the date fixed bythe City
Clerk, after which no rebuttal arguments for or against the proposedmeasuremay be submitted
to the City Clerk. This Section 8 is applicable only to the November 6, 2018 specialelection
called by this resolution and, after that election, shall expire.
SECTION 9. Pursuant to California Elections Code Section 9280, the CityClerk is
directed to transmit a copy of the measure to the City Attorney. The City Attorneyisdirected
to prepare an impartial analysis of the measure, nottoexceed 500 words inlength,showing
theeffectof themeasureontheexistinglawandtheoperationofthemeasure, and transmit
such impartial analyses to the City Clerk by the date fixed bytheCityClerk.
SECTION 10. The City Clerk is hereby directed to file a certified copy of this
resolution with the Board of Supervisors and the Registrar of Voters of the County of San
Diego and to issue instructions to the Registrar of Voters to take any and all steps necessary for
the holding of the election.
Approved as to formby
Presentedby
Gary HalbertGlen R. Googins
City ManagerCity Attorney
July 17, 2018 File ID: 18-0262
TITLE
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING VARIOUS CHAPTERS OF TITLE 2 OF THE CHULA
VISTA MUNICIPAL CODE, RELATED TO REGULATIONS AND PROCESSES APPLICABLE TO THE CITYS
BOARDS AND COMMISSIONS(FIRST READING)
RECOMMENDED ACTION
Council place the ordinance on first reading.
SUMMARY
Adoption of the proposed ordinance would revise regulations and processes related to the Citys boards
and commissions, remove redundant rules, simplify language, and makeclarifications. In addition to other
amendments, the proposed ordinancewould (1) revise the appointment processfor the and Cultural Arts
Commission, (2) remove the requirement for mandatory interviews prior to reappointment for certain
commissions, (3) revise the number of members appointed to the Board of Appeals and Advisors (BOAA)
and add as a duty the requirement the BOAAact as the hearing body for specified building-related appeals,
and (4) revise the boundaries for specific seats on the Growth Management Oversight Commission to align
with the CityCouncil districts.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and has determined that the activity is not a Project as
defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in
the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is
not subject to CEQA. Thus, no environmental review is required.
DISCUSSION
In 2008 and 2011, the City Council adopted several ordinances, which consolidated general rules for
boards and commissions, and removed redundant and inconsistent rules. Prior to that, rules governing
boards and commissions were spread among the City Charter, Municipal Code, Council Policy Manual, and
City Council minutes, some of which conflicted with each other.
The changes reflected in the proposed ordinance are in response to referrals and feedback from the City
Council, as well as revisions recommended by staff,to continue to streamline processes and further reduce
Page|1
redundancies and inconsistencies with state law, the Chula Vista Charter, and resolutions adopted by
boards and commissions.
A summary of major changes is provided below. In addition, the rationale for specific revisions is provided
in bluein the redlineversion of the code sections, included as Attachment 1.
SUMMARY OF MAJOR CHANGES
#AffectedMunicipal
Board/CodeChangeExplanation
CommissionSection
1.AllThroughoutRemoved redundant Instead of reiterating state law or Charter
CVMC 2.25rules and regulations, provisions,theredundantrulesand
simplified language, regulations have been removed and are
and made instead incorporated by reference. Some
clarificationslanguage has also been simplified and/or
clarified for easier reading and understanding.
2.Cultural Arts 2.25.050(E)Changed appointment Instead of requiring interviews of the full City
Commission& (H)process for Cultural Council, the proposed amendments to the
Arts CommissionCultural Arts Commission would change the
appointment process to a nomination by the
Mayor, subject to City Councils approval. In
addition, the Cultural Arts Commission could
develop guidelines, such as a checklist for
qualifications and questions to be included on
the application, for the Mayors consideration.
3.Commissions2.25.055(A)Removed mandatory Pursuant to a referral from Council on
requiring full & (B)interviews prior to 6/13/2017, the proposed changes remove the
Councilreappointmentformandatory interview requirement prior to
interviewscertain commissionsreappointment for members of boards and
commissions that typically require full Council
interviews for appointments. The Council may
choose to interview the members, but it would
not be required.
4.All2.25.105ConsolidatedandThe reasons a seat may become vacant, as well
(newclarifiedprocesses as the processes for addressing vacancies,
section)related to vacancieshave been consolidated and clarified.
5.All2.25.200 & Removed references The Municipal Code currently describes the
individualto meeting schedulesregular meeting schedules and allows boards
boardandand commissions to change the schedule by
commissionresolution. Many boards and commission have
chapterschanged their regular meeting day, time,
and/or location, making the schedule in the
Municipal Code out of date. References to
regular meeting schedules have been removed
and require boards and commissions to
establish their own regular meeting schedules
by resolution.
Page|2
SUMMARY OF MAJOR CHANGES
#AffectedMunicipal
Board/CodeChangeExplanation
CommissionSection
6.Growth2.40.040AlignedGrowthBased on a 1/14/2016 referral from the City
ManagementManagementCouncil, the boundaries for the seats
OversightOversight Commission representing the Citys residential quadrants
member boundaries have been aligned with the Council districts.
with Council districts
7.BoardofThroughoutUpdated language to The BOAA requires members with specified
Appeals and 2.26.010reflect current codes, experience. As a result, recruiting and
Advisorsterminology, number appointing BOAA members is difficult. To
ofmembers,andaddress this issue, the proposed amendments
additionalduties reduces the minimum number of members to
required by lawthreeand maximum to five.Also, a recent
Court ruling requires that the BOAA to act as
the hearing body for specified appeals. The
proposed amendment makes the BOAA the
hearing body for said appeals.
The Council made a referral to staff on 6/13/2017, to recommend an alternative appointment process for
the Board of Ethicswhich wouldno longer require local city managers to conduct interviews of applicants
and make appointment recommendations.Staff anticipates bringing a recommendation to Council on this
item within 90 days.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
The Cultural Arts Commission discussed appointments to the Commission including criteria and
supplemental application questions. Draft meeting minutes are included with this itemas Attachment 2.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific
and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11),
is not applicable to this decision for purposes of determining a disqualifying real property-related financial
conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any City Councilmember, of any other fact
that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The Citys Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community. Support for boards and
commissions, including executing reappointment processes, is directly related to the Connected
Community goal. Members of the Citys boards and commissions play a vital role by participating in the
Citys processes and helping influence public policy with their diverse viewpoints.Further, this item
supports the goal of Operational Excellenceas several of the proposed revisions intendto streamline
operations and implement improvements to existing processes.
Page|3
CURRENT-YEAR FISCAL IMPACT
While there is no direct impact to the current-year budget, adoption of the ordinance would result in staff
time savingsfor several of the affected processes. For example, the proposed ordinance recommends
changing the Cultural Arts Commissionappointment processfrom full Council interviews to a Mayoral
nominationwith approval of the Council. The proposed ordinance also removesthe requirement for
interviews prior to reappointment for certain commissions. An estimate of the time and staff cost for a
portion of the City Clerks involvement in those processes is provided below:
*
Hours
ProcessApproximate
Representative Cost*
Appointment via Full-Council Interviews33$1,700
Appointment via Mayoral Nomination with Approval by Council3$130
Reappointments with Mandatory Interviews27$1,400
Reappointments Without Interviews13$630
* The estimated time and cost reflects only a portion of the entire processes and is intended to illustrate the
differences between appointment and reappointment processes. The time required for tasks that would apply
to both appointment or reappointment types have not been included. For example, the time involved in
determining incumbents interest in being considered for reappointment applies to all reappointments,
whether or not interviews are mandatory, and, thus,has not been included in the total time/cost estimates
shown here.
ONGOING FISCAL IMPACT
There is no hard cost in adopting the proposed ordinance. Please see the section above for analysis
regarding staff time and representative cost.
ATTACHMENTS
1.Ordinance revisions in redlineformat with explanation
2.Draft Cultural Arts Commission Minutes
Staff Contact: Kerry Bigelow, City Clerk
Page|4
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
VARIOUS CHAPTERS OF TITLE 2 OF THE CHULA VISTA
MUNICIPAL CODE, RELATED TO REGULATIONS AND
PROCESSES APPLICABLE TO THECITY’S BOARDS AND
COMMISSIONS
WHEREAS,in 2008, the Council adopted Ordinance 3111, which added Chula Vista
Municipal Code chapter 2.25, General Rules for Boards and Commissions, and consolidated prior
rules and regulations that had been contained in the Municipal Code, City Charter, Council
policies, and City Council minutes; and
WHEREAS, in 2011, the Council adopted Ordinances 3211, 3212, and 3213 to remove
additional redundant and inconsistent rules from each of the chapters of the Municipal Code,
codify rules for the City’s charter-created boards and commissions, and update established meeting
schedules; and
WHEREAS, further revisions to the rules governing operating procedures and appointment
processes for the City’s boards and commissions are necessary in response to referrals from the
City Council, as well as a desire to streamline processes and further reduce redundancies and
inconsistencies among state law, the City’s Municipal Code andCharter, and resolutions adopted
by individual boards and commissions.
NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section I.Various chapters of Title 2 of the Chula Vista Municipal Code are hereby
amended as follows:
\[Chapters in Title 2 that are not specifically listed below remain unchanged.\]
Chapter2.25-GENERAL RULES FOR BOARDS AND COMMISSIONS
\[Section 2.25.010 remainsunchanged.\]
2.25.020Definitions.
For purposes of this chapter, the following words are defined:
“Boards and commissions” include boards, commissions, and committees established by the Chula
Vista Charter or ordinance.
“Brown Act” means the Ralph M. Brown Act, Government Code Section 54950 et seq., commonly
referred to as the Brown Act or the California Open Meeting Law.
“Entire voting membership” or “entire membership” means those individuals who have been
appointed to, have been sworn in to serve on, have not been removed from, have not vacated their
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seat on, and who are eligible and entitled to vote as members of a board or commission. It does
not include ex officio members and does not include any seat specifiedin the Charter provision or
ordinance creating the board or commission that is unfilled due to a vacancy, pursuant to section
2.25.105. Notwithstanding the foregoing, at least one-half of the seats specified in the Charter
provision or ordinance creating the board or commission must be filled in order for the board or
commission to act. For example, if a seven-member board has two vacancies, the remaining five
members constitute the “entire membership.” Accordingly, an action that requires a majority vote
could be taken if at least three of the board members vote in its favor. The City Council intends
that this definition clarify the term “entire membership” as used in Section 603 of the City Charter.
“Ex officio members” means the individuals who are appointed by the City Council to serve in an
advisory capacity on a board or commission, but who are not entitled to vote or to make motions.
“Ex officio members” do not include City staff who provide information to or sit with a board or
commission.
“Interview” means the process by which applicants are given an opportunity to present themselves
to the City Council, or other interview panel, and the City Council or other panel questions and
evaluates the applicants. Should an applicant be unable to attend an interview, the Council or panel
may elect to consider a letter of interest or interview by other means, such as telephone or video
conference, in lieu of an in-person meeting.
“Member” means an individual who has been appointed to, has been sworn in to serve on, has not
been removed from, and who has not vacated his or her seat on a board or commission. “Members”
includes voting members and ex officio members.
“Registered voter” means an individual who is registered to vote in City of Chula Vista elections.
“Voting member” means an individual appointed by the City Council who is entitled to vote and
make motions in his or her capacity as a member of a board or commission.
2.25.030Membership –Qualifications and eligibility
Member qualifications and eligibility shall be in accordance with Chula Vista Charter section 602
and this section:
A. An individual is eligible to serve on only one board or commission at a time, unless the member
is filling a seat on another board or commission that was specifically created to represent the board
or commission to which he or she was originally appointed.
B. A paid officer or employee of the City is not eligible to be appointed to or to serve on a board
or commission.
C. A member is ineligible to be appointed to another board or commission during the first twelve
months of his or her term; this prohibition does not apply to appointments to serve as a
representative member on another board or commission, pursuant to subsection A., above.
D. The City Council may appoint exofficio members to any board or commission because of
particular background or experience that the City Council deems will assist a particular board or
commission in handling a discrete set of issues. Ex officio members are not required to be
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registered voters and are subject to term limits as described in the Charter and CVMC 2.25.080
and 2.25.100. Ex officio members are not entitled to vote or to make motions.
\[Section 2.25.040 is deleted it its entirety.\]
2.25.050Membership –Applications –Interview,nomination and appointment process.
A. The City Clerk shall maintain applications for prospective membership on boards and
commissions for a period of one year from the date of application. The application shall provide a
place for an individual to state the reasons he or she seeks appointment to a particular board or
commission and his or her qualifications for service on a particular board or commission.
B. An individual who has submitted an application for appointment as a voting or ex officio
member ofany board or commission may be interviewed as part of the nomination and selection
process.
C. When a vacancy occurs on a board or commission, the City Clerk shall forward applications
received for the vacant position to the Mayor, who shall review the forwarded applications, select
applicants to be interviewed, Interview selected applicants, and make nominations for
appointment, subject to the City Council’s approval, for all boards and commissions except for the
Board of Ethics, Civil Service Commission,Cultural Arts Commission, Growth Management
Oversight Commission, Mobilehome Rent Review Commission, Planning Commission, and Parks
and Recreation Commission.
D. The Mayor shall forward applications for membership on the Board of Ethics to a panel
consisting of at least two city managers rotated from cities in San Diego County, excluding Chula
Vista. The panel shall review the applications, interview applicants, and recommend one applicant
for each available seat to the City Council for appointment.
E. If a vacancy occurs on any board or commission within one year of interviews being conducted
for that board or commission, interviews are not required if all of the following criteria are met: 1)
the vacancy was properly noticed and new applications solicited; 2) no new, qualified applications
were received; 3) one or more qualified applicants from the original interviews remain eligible and
interested in being appointed; and 4) the appointment process for the board or commission does
not specifically prohibitthis subsection.
F. Vacancies on the Growth Management Oversight Commission, Planning Commission, Parks
and Recreation Commission, and the two seats on the Civil Service Commission whose members
are appointed by the City Council directly shall be appointed in accordance with Chapter 2.53
CVMC.
G. The nomination and appointment process for the three remaining Civil Service Commission
seats that are not appointed by the City Council directly shall be conducted in accordance with
Charter Section 609 and CVMC2.43.050.
H. The nomination and appointment process for the Mobilehome Rent Review Commission shall
be conducted in accordance with Chapter 2.31 CVMC and this subsection.
1. The Mayor shall review applications for all ex officio members and one voting member,
select applicants to be interviewed for those positions, Interview selected applicants, make
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nominations for appointment subject to the City Council’s approval, and schedule a vote on
the nominations on the next available Council meeting’s agenda.
2. The four remaining voting positions are tied to a particular Council seat. When a vacancy
occurs in one of the four positions, the City Clerk shall forward applications to the
Councilmember filling the corresponding Council seat. The Councilmember shallreview the
applications, select applicants to be interviewed, and Interview selected applicants. The
Councilmember shall then nominate an applicant for appointment to the available position and
request that the nomination be scheduled for vote on the nextavailable Council meeting’s
agenda.
I. The nomination and appointment process for the Cultural Arts Commission shall be conducted
in accordance with Chapter 2.33.040 and this subsection.
1. The Cultural Arts Commission may recommend guidelines to be usedduring the application
and appointment processes, which may include relevant questions to be included on the
application, a checklist of qualifications, and definitions of terms referenced in Section
2.33.040, related to the qualifications of members.
2. When a vacancy occurs on the Cultural Arts Commission, the City Clerk shall forward
applications received for the vacant position to the Mayor and Cultural Arts Manager or other
staff assigned to the Cultural Arts Commission.
3. Throughout the review of applications, selection of applicants to be interviewed and
Interviews of selected applicants, the Mayor shall consider guidelines developed by the
Cultural Arts Commission, as well as recommendations for interviews or appointments that
may be made by the Cultural Arts Commission, City Councilmembers, and the Cultural Arts
Manager or other staff assigned to the Cultural Arts Commission.
4. The Mayor shall review the forwarded applications and select applicants to be interviewed.
The Mayor shall Interview selected applicants and provide the opportunity for the Cultural
Arts Manager or other staff assigned to the Cultural Arts Commission to attend and assist with
the Interviews. The Mayor shall make nominations for appointment, subject to the City
Council’s approval.
J. Members of each board and commission shall be appointed by at least three affirmative votes of
the City Council.
2.25.055Membership –Reappointment process.
A. In the year of the expiration of a member’s term, unless otherwise requested by the nominating
authority for the particular board or commission seat, the City Clerk shall schedule the
reappointments for eligible and interested members at a meeting of the City Council in July, or as
soon as practicable thereafter, for all boards and commissions.
B. Prior to reappointment, if a majority of the City Council so desires, the Mayor and City Council
may Interview interested and eligible members of the following commissions who will have served
more than one year as of the date of their term expiration: Growth Management Oversight
Commission, Planning Commission, Parks and Recreation Commission, and the two members of
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the Civil Service Commission who are appointed by the City Council directly. Following the
interviews, the Mayor and City Council shall vote whether or not to reappoint the incumbents.
C. Regardless of the applicable reappointment process, each member of a board or commission
shall be reappointed by at least three affirmative votes of the City Council. When an incumbent is
not reappointed, the seat shall be filled using the applicable appointment process.
\[Section 2.25.060 remains unchanged.\]
\[Section 2.25.070 is deleted in its entirety.\]
2.25.080Membership –Terms –Standard term of office –Holdover office.
A. The standard term of office for board and commission members is four years. The standard
term begins July 1st and ends June 30th four years later.
B. At the end of any voting member’s term, he or she shall be permitted to continue to exercise
the privileges of his or her former office until the office is filled by the appointment of a qualified
successor.
\[Section 2.25.090 is deleted in its entirety.\]
2.25.100Membership –Terms –Filling unexpired terms.
Member terms shall be in accordance with Chula Vista Charter section 602 and this section:
A. A voting member who currently sits on a particular board or commission may not be appointed
to fill the unexpired term of another voting member’s vacated seat on that same board or
commission. An individual who currently sits as an ex officio member of a board or commission
may be appointed to fill the unexpired term of a voting member’s vacated seat on the same board
or commission if the ex officio member meets the eligibility criteria for voting membership. The
appointment process shall be the same as provided for in CVMC 2.25.050.
B. For purposes of determining whether the unexpired term of a vacated seat is less than, more
than, or equals two years, the starting date of the unexpired term shall be the date the new appointee
takes the oath of office, and the end date of the unexpired term shall be the expiration date of the
vacating member’s term of office.
2.25.105Membership –Vacancies.
A. Vacancies mandated by the City Charter. If the City Clerk determines that a vacancy has
occurred pursuant to Charter Section 602(c), the Clerk shall agendize the matter for City Council
action. Between the occurrence of vacancy and the Council declaration of vacancy, the member
shall be unable to continue serving as a board or commission member and shall have no duties of
the office. The vacancy shall be effective on the date the Council declares the office vacant.
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B. City employee. If a member becomes a paid employee of the City, the member’s status as a
board or commission member shall automatically terminate. The effective date of vacancy shall
be the date of hire.
C. Member no longer qualified. If a member loses the status or classification that qualified the
individual for his or her seat on a particular board or commission, unless otherwise provided in the
board or commission membership rules, the City Clerk shall schedule the declaration of vacancy
on an agenda of the City Council as soon as practicable after being informed of a qualifying
circumstance. The vacancy shall be effective on the date the Council declares the office vacant.
D. Removal for cause.
1. A member may be removed for cause by three affirmative votes of the City Council.
2. A member may be removed for cause for the following reasons:
a. Absence from more than 50 percent of the meetings of the board or commission in one
fiscal year, whether or not excused by a majority vote of its members;
b. Unavailability or conduct which interferes with the board or commission’s ability to
conduct business;
c. Failure to attend training sessions mandated by the City;
d. Violation of any City policies or City, state or federal regulations that are the subject of
mandatory training sessions; or
e. Violation of the City’s code of ethics, which shall be processed in accordance with
Chapter 2.28.
3. A Council subcommittee comprised of the Mayor and Deputy Mayor shall monitor
attendance and training records submitted pursuant to CVMC 2.25.120 and reports of
situations described in subsections (2)(b) through (d), above. The subcommittee may make
recommendations to the full Council for a vote on the removal of a member for cause.
4. Prior to the subcommittee making a recommendation to the full Council for a vote on the
removal of a member for cause, the membershall be notified and be provided a reasonable
opportunity to submit an explanation for the subcommittee and Council’s consideration.
5.Should the Council vote affirmatively to remove the member for cause, the vacancy shall
be effective on the date of the Council’s action.
E. Resignation. A member may resign by providing notice to the Chair, City staff, or the City
Clerk. The resignation shall be effective on the date provided by the member, or, if no such date
was provided, on the date the notice was given.
2.25.110Attendance requirements –Excused absences
A. The City Council relies on advice of the City’s boards and commissions that grows from
discussions among appointed members. The City Council anticipates that members appointed to
the City’s boards and commissions will make every reasonable effort to attend all regular meetings
of their respective boards or commissions, to attend special meetings, and to be prepared to discuss
matters on their respective agendas.
B. The City Charter requires that any board or commission member who is absent from three
consecutive, regular meetings will be deemed to have vacated his or her membership on the
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particular board or commission, unless his or her absence is excused by a majority vote of the other
members, as reflected in the official minutes of the board or commission.
C. Board and commission members, by a majority vote, may excuse a fellow board or commission
member’s absence from meetings for any of the following reasons:
1. Illness of the member, family member of the member, or personal friend of the member;
2. Business commitment of the member that interferes with the attendance of the member at a
meeting;
3. Previously scheduled vacation of the member, notice of which was provided to the
respective board or commission in advance of the meeting;
4. Attendance of the member at a funeral, religious service or ceremony, wedding, or other
similarly significant event;
5. Unexpected, emergency situation that prohibits the member’s attendance; or
6. Other reason for which the member has given notice to the secretary of his or her
unavailability at least 7days in advance of the meeting.
D. Members shall vote on excusing a member’s absence from a regular meeting. The vote shall be
reflected in the official minutes for the meeting at which the vote was taken. A member may vote
to excuse his or her own absence.
E. The secretary of each board or commission shall notify the City Clerk if a voting member misses
three regular, consecutive meetings of the board or commission without being excused by a
majority vote of the board or commission as expressed in its official minutes. The City Clerk shall
proceed according to CVMC 2.25.105(A).
2.25.120Attendance and training reports required annually.
The secretary for each board and commission shall prepare an annual written report of attendance
on a form developed by the City Clerk, which includes the percentages of absences of members
for both regular and special meetings during the preceding fiscal year, the total number of meetings
held by the board or commission, the number of meetings missed by each member for the
preceding fiscal year, and each member’s compliance with mandatory training as required by
Section 2.25.160. The report shall be delivered to the City Clerk no later than June 30th of each
year. The City Clerk shall forward the report to the Mayor and City Councilmembers.
\[Sections 2.25.130, 2.25.140, and 2.25.150 remain unchanged.\]
2.25.160Mandatory training sessions.
A. Board and commission members are required to attend periodic training sessions on ethics laws
as specified in California Government Code Section 53234 et seq.A member’s failure to comply
with this training requirement, may be a cause for removal from office, pursuantto Section
2.25.105.
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B. Board and commission members may be required to attend periodic additional training sessions
on the City’s code of ethics, Brown Act requirements, sexual harassment laws and policies, and
other laws or City policies as may be determined.
C. The secretary of each board or commission shall be responsible for notifying members in
writing of dates, times and locations of training sessions.
\[Sections 2.25.170, 2.25.180, and 2.25.190 remain unchanged.\]
2.25.200Operations –Regular meetings required –Special meetings allowed –Time and
location to be established by resolution –Brown Act requirements.
A. Each board or commission shall establish the day, time and location for its regular meetings by
written resolution, so long as such meetings comply with state and local laws, including applicable
provisions of the municipal code. A board or commission may change its regular meeting day,
time or location only by a written resolution.
B. When the day for any regular meeting of a board or commission falls on a City holiday, no
meeting shall be held on such holiday.
C. In addition to regular meetings, boards and commissions are authorized to call and hold any
special meetings they deem necessary.
D. As a general rule, boards and commissions shall hold their regular and special meetings at a
City facility. Boards and commissions may hold their meetings from time to time in other locations
within the City, as long as meetings are properly noticed.
E. All board and commission meetings shall be noticed and held in accordance with the
requirements of the Brown Act.
\[Section 2.25.205 remains unchanged.\]
2.25.210Operations –Agenda preparation and distribution.
A. Agendas must be prepared, distributed and posted for all meetings in accordance with Brown
Act requirements.
B. Items may be placed on the agenda by the chair, by majority vote of the members, or by City
staff. The secretary for each board or commission shall prepare meeting agendas in consultation
with the chair.
C. The board or commission secretary shall forward agendas to the Mayor, City Council, and City
staff designated to assist a particular board or commission.
\[Section 2.25.220 remains unchanged.\]
2.25.230Operations –Minutes required –Form and content.
\[Subsections 2.25.230 (A) and (B) remain unchanged.\]
\[Section 2.25.240 remains unchanged.\]
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2.25.250Operations –Appointment of subcommittees.
A. Boards and commissions may appoint subcommittees that they deem appropriate to provide
advice on any matterwithin the jurisdiction of the particular board or commission.Subcommittees
shall be created, and shall conduct themselves, in accordance with the Brown Act.
B. The role of any subcommittee is to provide expertise and advice to its establishing board or
commission. Subcommittees and subcommittee members shall not advise the City Council directly
or speak on behalf of the board or commission without prior approval of a majority of the members
of such board or commission.
2.25.260Operations –Staff support.
A. Pursuant to City Charter Section 603, the City Manager shall appoint a staff person to serve as
secretary to each board and commission. In addition to other duties specified in this chapter, the
secretary is responsible for finalizing resolutions and performing other administrative duties, as
necessary.
B. The City Manager may make available other staff and clerical support as requested by a board
or commission to fulfill its functions and duties, provided such staff and clerical support are
available.
C. Staff persons assigned to assist boards and commissions shall not be considered voting or ex
officio members of those boards and commissions.
\[Section 2.25.270 remains unchanged.\]
2.25.280Operations –Annual activity report required –Other reports and
recommendations –Individual communications by members.
th
A. By June 30of every year, each board and commission shall prepare and submit to the City
Clerk a written report of its activities during the previous fiscal year. The City Clerk shall forward
copies of each report to the City Council. The annual report shall also contain other specific
information or findings required by the ordinance creating a particular board or commission.
B. In addition to the annual report, a board or commission may make other reports to the City
Council, either orally or in writing, at a public session of the City Council. Minority reports, if any,
shall be submitted in writing concurrent with the majority reports.
C. Boards and commissions shall forward proposals, suggestions, or recommendations to the City
Council after formal board or commission action has been taken, within 10 working days of the
meeting at which the action was taken. Board and commission policy positions should be
formulated and stated in such a way as to ensure understanding by the public that the stated
positions are not the official policy of the City until recommended to, and adopted by, the City
Council.
D. Individual board or commission members may speak on behalf of their respective board or
commission only after a vote of the particular board or commission. Individual members making
recommendations or expressing views that have not been officially voted on by a majority of the
body shall indicate that they are expressing themselves as private citizens, not as representatives
of their respective board or commission.
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\[Sections 2.25.290 and 2.25.300 are deleted in their entirety.\]
Chapter 2.26-BOARD OF APPEALS AND ADVISORS
\[Section 2.26.010 remains unchanged.\]
2.26.020Purpose and intent.
It is the purpose and intent of the City Council in establishing the Board of Appeals and Advisors
to create an advisory body to serve as a resource to advise and make recommendations to the City
Council, the City Manager, the Building Official, and the Fire Chief on matters relating to building
construction. The Board of Appeals and Advisors shall also, when appointed to do so by the City
Manager or designee,act as an appellate body for persons affected by decisions of specified City
Officers (as defined in section 2.26.030(D) of this chapter) arising out of the current California
building codes as adopted and amended by the City. The Board of Appeals and Advisors shall be
those appeal boards required by California Building Code section 1.8.8.2 and Health and Safety
Code sections 17920.5 and 17920.6, unless otherwise agreed upon by the involved parties.
2.26.030Functions and duties.
The function and duties of the Board of Appeals and Advisors shall be as follows:
A. Create a forum for City-wide discussions, research, and analysis of critical issues of building
construction.
B. Where authorized by a building code adopted by the City, to investigate, to advise,and to act
as an appellate body on decisions by City Officials as to the suitability of alternate materials or
methods of construction.
C. Conduct public hearings and recommend to the City Council the passage of new legislation
pertaining to the design and construction of buildings.
D. Act as an administrative appellate body, when assigned appeals by the City Manager, in lieu of
the hearing officer described in Chapter 1.40 CVMC, to hear and decide appeals of orders,
decisions, and determinations made by the City Manager, Code Enforcement Officer, Fire Chief,
or Building Official (collectively “City Officers” for purposes of this chapter) relative to the
application and interpretation of City-adopted building codes, as adopted and amended by Title 15
of this Code, governing use (including abatement and nuisances), maintenance, and the change of
occupancy. Hearings of the Board shall be conducted in accordance with the procedures set forth
in such building codes, particularly the Uniform Code for the Abatement of Dangerous Buildings,
or the provisions of Chapters 1.30 and 1.40 CVMC. The decision of the Board shall be final.
2.26.040Membership.
The Board of Appeals and Advisors shall consist of no less than three, but no more than five voting
members, to be appointed in accordance with Article VI of the City Charter and Chapter 2.25
CVMC and shall be qualified by training and experience to pass on matters pertaining to building
construction, including applicable building codes, regulations, and ordinances.
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2.26.050Meeting frequency.
The Board’s meeting schedule shall include at least one regular meeting per year, at the day, time,
and location established by written resolution of the Board. In addition, the Board may hold special
meetings, as determined by the City Manager or designee, at the noticed time and location.
Chapter 2.28-BOARD OF ETHICS
\[All sections of Chapter 2.28 remain unchanged, except for Section 2.28.060, which is revised as
follows.\]
2.28.060Meeting frequency, notice, and staffing.
The Commission’s meeting schedule shall include at least one regular meeting per month, at the
day, time, and location established by written resolution of the Commission. The City Attorney or
his or her appointed representative shall act as secretary to the board. The secretary shall cause
notice of the meetings of the board to be kept and distributed. The secretary shall also give
appropriate and required written notice of all meetings to all members and persons having business
before the board.
Chapter 2.29-CHARTER REVIEW COMMISSION
\[All sections of Chapter 2.29 remain unchanged, except for Section 2.29.050, which is revised as
follows.\]
2.29.050Meeting frequency and schedule.
A. Regular Meetings. The Commission’s meeting schedule shall include atleast one regular
meeting per year, at the day, time, and location established by written resolution of the
Commission. Additional meetings may be held as called by the chair or a majority of the
Commission.
B. Pre-Election Meetings. The Commission shall meet no later than the first Wednesday of the
seventh month preceding the next regularly scheduled municipal election, at which time the
Commission shall assign duties to its members as may be necessary; and consider agenda issues
for further deliberation and discussion by the Commission. If a pre-election meeting is the
Commission’s first meeting held during the City’s fiscal year, it shall constitute a “regular
meeting,” as that term is used in CVMC 2.25.180.
Chapter 2.31-MOBILEHOME RENT REVIEW COMMISSION
\[All sections of Chapter 2.31 remain unchanged, except for Section 2.31.050, which is revised as
follows.\]
2.31.050Meeting frequency.
The Commission’s meeting schedule shall include at least one regular meeting per quarter, at the
day, time, and location established by written resolution of the Commission.
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Chapter 2.32-SUSTAINABILITY COMMISSION*
\[All sections of Chapter 2.32 remain unchanged, except for Section 2.32.070, which is revised as
follows.\]
2.32.070Meeting frequency.
The Commission’s meeting schedule shall include at least one regular meeting per month, at the
day, time, and location established by written resolution of the Commission.
Chapter 2.33-CULTURAL ARTS COMMISSION
\[All sections of Chapter 2.33 remain unchanged, except for Section 2.33.030 and 2.33.050, which
are revised as follows.\]
2.33.030Functions and duties.
The functions and duties of the Cultural Arts Commission shall be as follows:
A. Encourage the preservation of Chula Vista’s cultural heritage and the creation of an atmosphere
–a Chula Vista image –in which our citizens could take pride and have increased stature.
B. Help coordinate and marshal support for the arts.
C. Encourage the provision of cultural and artistic facilities and features in public and commercial
construction.
D. Formulate recommendations for a City arts program, including funding mechanisms, criteria
for the selection and placement of public art, procedures for review plans, and guidelines to carry
out a City arts program.
E. Regularly assess, review and update recommended goals and long-range plans for the City; and
regularly solicit public input on the arts.
F. Encourage the development of arts and cultural programs for the youth of Chula Vista.
G. Promote the creation of a cultural environment to attract visitors and economic development.
The Commission, by having a definite focus and by demonstrating a high degree of commitment
to the arts, can conduct strategic long-range planning to help reach these goals.
F. The Commission may develop guidelines for consideration during the application and
appointment processes for new members, which may include relevant questions to be included on
the application, recommended considerations when making an appointment, and definitions of
terms referenced in Section 2.33.040, related to the qualifications of members.
2.33.050Meeting frequency.
The Commission’s meeting schedule shall include at least one regular meeting per month, at the
day, time, and location established by written resolution of the Commission.
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Chapter 2.35-HOUSING ADVISORY COMMISSION
\[All sections of Chapter 2.35 remain unchanged, except for Section 2.35.050, which is revised as
follows.\]
2.35.050Meeting frequency.
The Commission’s meeting schedule shall include at least one regular meeting per quarter, at the
day, time, and location established by written resolution of the Commission.
Chapter 2.36-HUMAN RELATIONS COMMISSION
\[All sections of Chapter 2.36 remain unchanged. Section 2.36.060 is added as follows.\]
2.36.060Meeting frequency.
The Commission’s meeting schedule shall include at least one regular meeting per month, at the
day, time, and location established by written resolution of the Commission.
Chapter 2.37-COMMISSION ON AGING
\[All sections of Chapter 2.37 remain unchanged, except for Section 2.37.050, which is revised as
follows.\]
2.37.050Meeting frequency.
The Commission’s meeting schedule shall include at least one regular meeting every two months,
at the day, time, and location establishedby written resolution of the Commission.
Chapter2.38-INTERNATIONAL FRIENDSHIP COMMISSION
\[All sections of Chapter 2.38 remain unchanged, except for Section 2.38.040, which is revised as
follows.\]
2.38.040Meeting frequency.
The Commission’s meetingschedule shall include at least one regular meeting per month, at the
day, time, and location established by written resolution of the Commission.
Chapter 2.39-VETERANS ADVISORY COMMISSION
\[All sections of Chapter 2.39 remain unchanged, except for Section 2.39.050, which is revised as
follows.\]
2.39.050Meeting frequency.
The Commission’s meeting schedule shall include at least one regular meeting per month, at the
day, time, and location established by written resolution of the Commission.
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Chapter 2.40-GROWTH MANAGEMENT OVERSIGHT COMMISSION
\[All sections of Chapter 2.40 remain unchanged, except for Sections 2.40.040 and 2.40.050, which
are revised as follows.\]
2.40.040Membership.
A. The Commission shall consist of nine voting members and up to three ex officio members to
be appointed in accordance with Article VI, Chapter 2.25 CVMC, and this chapter.
B. The voting members shall be appointed as follows:
1. Four of the members shall be appointed based on the City Council district in which they
reside. This classification of members shall be comprised of one resident from each of the four
City Council districts. . Those members shall reside in their respective City Council districts
at the time of their appointment and shall reside in their respective City Council districts for
the duration of their membership on the Commission.
2. One member shall represent local educational interests.
3. One member shall represent development interests.
4. One member shall represent environmental interests.
5. One member shall represent business interests.
6. One member shall be a member of the Planning Commission.
2.40.050Meeting frequency.
The Commission’s meeting schedule shall include at least two regular meetings per month, at the
day, time, and location established by written resolution of the Commission.
Chapter 2.41-PARKS AND RECREATION COMMISSION
\[All sections of Chapter 2.41 remain unchanged, except for Section 2.41.050, which is revised as
follows.\]
2.41.050Meeting frequency.
The Commission’s meeting schedule shall include at least one regular meeting every two months,
at the day, time, and location established by written resolution of the Commission.
Ordinance
Page 15
Chapter 2.42-PLANNING COMMISSION
\[All sections of Chapter 2.42 remain unchanged, except for Section 2.42.040, which is revised as
follows.\]
2.42.040Meeting frequency.
The Commission’s meeting schedule shall include at least two regular meetings per month, at the
day, time, and location established by written resolution of the Commission.
Chapter 2.43-CIVIL SERVICE COMMISSION
\[All sections of Chapter 2.43 remain unchanged, except for Section 2.43.040, which is revised as
follows.\]
2.43.040Meeting frequency.
The Commission’s meeting schedule shall include at least oneregular meeting per month, at the
day, time, and location established by writtenresolution of the Commission.
Chapter 2.44-SAFETY COMMISSION
\[All sections of Chapter 2.44 remain unchanged, except for Section 2.44.040, which is revised as
follows.\]
2.44.040Meeting frequency.
The Commission’s meeting schedule shall include at least one regular meeting per month, at the
day, time, and location established by written resolution of the Commission.
Chapter 2.45-BOARD OF LIBRARY TRUSTEES
\[All sections of Chapter 2.45 remain unchanged, except for Section 2.45.050, which is revised as
follows.\]
2.45.050Meeting frequency.
The Board’s meeting schedule shall include at least one regular meeting per month, at the day,
time, and location establishedby written resolution of the Board.
Ordinance
Page 16
Chapter 2.47-HEALTHY CHULA VISTA ADVISORY COMMISSION
\[All sections of Chapter 2.47 remain unchanged, except for Section 2.47.050, which is revised as
follows.\]
2.47.050Meeting frequency.
The Commission’s meeting schedule shall include at least one regular meeting per month, at the
day, time, and location established by written resolution of the Commission.
Chapter 2.49-HISTORIC PRESERVATION COMMISSION
\[All sections of Chapter 2.49 remain unchanged, except that Sections 2.49.050 and 2.49.070 are
deleted in their entirety and Section 2.49.080 is revised as follows.\]
\[Sections 2.49.050 and 2.49.070 are deleted in their entirety\]
2.49.080Meeting frequency.
The Commission’s meeting schedule shall include at least one regular meeting per month, at the
day, time, and location established by written resolution of the Commission.
Chapter 2.53-APPOINTMENT PROCESS TO FILL VACANCIES ON THE CITY
COUNCIL AND SPECIFIED COMMISSIONS
\[All sections of Chapter 2.53 remain unchanged, except for Sections2.53.030and 2.53.050, which
arerevised as follows.\]
2.53.030Definitions.
A. “Application period” means the time frame during which applications are accepted for a
particular vacancy(defined below). The application period for City Council vacancies is defined
in CVMC 2.53.040(C). The application period for specified City commission vacancies is defined
in CVMC 2.53.050(B). Once established, the application period will be posted on the City’s
website.
B. “Interview” means the process at a public meeting by which applicants are given an opportunity
to present themselves to the City Council, and the City Council questions and evaluates the
applicants. Should an applicant be unable to attend the scheduled interview, the Council may elect
to consider a letter of interest or interview by other means, such as telephone or video conference,
in lieu of an in-person meeting.
C. “Qualified application” means an application received within the application period with all of
the required components. The application form shall be available through the City Clerk’s office
and will specify the required components for an application to be deemed a qualified application.
Ordinance
Page 17
D. “Specified City commissions” means those City commissions specified in CVMC 2.25.050(E)
as follows: Growth Management Oversight Commission, Planning Commission, Parks and
Recreation Commission, and the two seats on the Civil Service Commission whose members are
appointed by the City Council directly.
E. Vacancy (or Vacancies). For specified City commission seats, “vacancy” is defined in
accordance with CVMC 2.25.020(J). For City Council seats, “vacancy” is defined in accordance
with Charter Section 303(A).
2.53.050Specified City commission vacancy appointments.
The appointment process for filling vacancies on specified City commissions shall be consistent
with the process for City Council appointments provided in CVMC 2.53.040, with the following
exceptions:
A. In the event of a vacancy, the City Clerk will follow current organizational best practices to
notify the public of the vacancy. Vacancies shall be noticed and filled in accordance with the
requirements of Government Code Section 54970 et seq. (Maddy Act). The City Clerk will
maintain applications received for prospective membership on specified City commissions for a
period of one year from the date of application.
B. For vacancies that are noticed on the “local appointments list” as defined and in accordance
with Government Code Section 54972, the application period shall commence on the day one year
prior to the date of vacancy and end 30 days before the date of vacancy. In the event of an
unscheduled vacancy, the application period shall commence on the day one year prior to thedate
of the notice of vacancy, in accordance with Government Code Section 54974, and end a minimum
of 21 days after such notice, on a date specified and noticed by the City Clerk. In the event that
fewer than three qualified applications are received during the application period, the application
period may be extended by the City Clerk. Applications received after the established application
period shall not be accepted. In the event that an applicant submits more than one qualified
application for a vacancy during the application period, the last qualified application for the
vacancy received by the City Clerk shall be deemed the applicant’s qualified application.
C. No later than 72 hours prior to the meeting scheduled for nominations or interviews, the City
Clerk will provide the Mayor and each Councilmember with all qualified applications received
within the application period. Such applications will be made available to the public at the same
time.
D. Should four or fewer qualified applications be received by the City Clerk within the application
period, the City Clerk may independently poll the City Councilmembers for their availability and
subsequently set a date and time to hold interviews of all applicants who have submitted a qualified
application during the specified application period.
Section II.Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any
reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality
shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its
Ordinance
Page 18
application to any other person or circumstance. The City Council of the City of Chula Vista
hereby declares that it would have adopted each section, sentence, clause or phrase of this
Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or
phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vistaintends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented byApproved as to form by
_________________________________________________________________________
Kerry K. Bigelow, MMCGlen R. Googins
City ClerkCity Attorney
Chapter 2.25
GENERAL RULES FOR BOARDS AND COMMISSIONS
2.25.010 Applicability.
Unless otherwise specially stated in this chapter or in the ordinance or Charter provision creating the particular
board or commission, this chapter applies to all boards and commissions, whether created by City Charter,
ordinance, state or other law. If there is a conflict between the Charter and the Municipal Code, Charter provisions
shall prevail. (Ord. 3251 § 1, 2013; Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.020 Definitions.
For purposes of this chapter, the following words are defined:
formal resignation having been submitted to the City.
\[Rationale for above revisions: Consolidated under proposed section 2.25.105.\]
B. boards, commissions, and committees established by the Chula Vista Charter
or ordinance.: (1) boards and commissions established by the Chula Vista Charter: Board of Library Trustees, Civil
Service Commission, Parks and Recreation Commission, and Planning Commission; and (2) boards and
commissions established by the City Council: Access Appeals Board, Board of Appeals and Advisors, Board of
Ethics, Charter Review Commission, Child Care Commission, Commission on Aging, Cultural Arts Commission,
Economic Development Commission, Growth Management Oversight Commission, Housing Advisory
Commission, Human Relations Commission, International Friendship Commission, Mobilehome Rent Review
Commission, Safety Commission, Sustainability Commission, Veterans Advisory Commission, and other boards or
commissions subsequently created by City Charter or ordinance.
\[Rationale for above revisions: Simplify language.\]
C.
the Brown Act or the California Open Meeting Law.
1. Conviction of a felony or crime involving moral turpitude;
2. Absence from three regular, consecutive meetings of the board or commission, unless excused by majority
vote of its members, as expressed in its official minutes;
3. Absence from more than 50 percent of the regularly scheduled meetings of the board or commission in one
calendar year, whether or not excused by a majority vote of its members;
4. Abandonment;
5. Failure to attend training sessions mandated by the City;
6. Violation of any City policies or City, state or federal regulations that are the subject of mandatory training
sessions; or
\[Rationale for above revisions: Consolidated under proposed section 2.25.105.\]
E.
been sworn in to serve on, have not been removed from, have not vacated their seat on, and who are eligible and
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entitled to vote as members of a board or commission. It does not include ex officio members and does not include
any seat specified in the Charter provision or ordinance creating the board or commission that is unfilled due to an
vacancy, pursuant to subsection 2.25.105(J) of this section. Notwithstanding the foregoing, at
least one-half of the seats specified in the Charter provision or ordinance creating the board or commission must be
filled in order for the board or commission to act. For example, if a seven-member board has two vacancies, the
could be taken if at least three of the board members vote in its favor. The City Council intends that this definition
F.
capacity on a board or commission, but who are not entitled to vote
not include City staff who provide information to or sit with a board or commission.
means the process by which applicants are given an opportunity to present themselves to the City
Council, or other interview panel, and the City Council or other panel questions and evaluates the applicants. Should
an applicant be unable to attend an interview, the Council or panel may elect to consider a letter of interest or
interview by other means, such as telephone or video conference, in lieu of an in-person meeting.
\[Rationale for above revisions: Definition added for clarification of the existing procedures.\]
G. removed
ex officio members.
H.
means a formal renouncement or relinquishment of voting membership on a board or commission.
2. The death of a member;
3. A member has been removed for cause by three affirmative votes of the City Council;
4. The disability of a member that renders the member incapable of performing the duties of his or her office;
6. A m
by majority vote of the members and expressed in its official minutes;
calendar year, whether or
not excused by majority vote of the board or commission;
9. A member has submitted a resignation that has been accepted by the City Council;
10. A member ceases to be a registered voter of the City when that criterion is required for membership on a
board or commission;
11. A member loses the status or classification that qualified the individual to become a member of a particular
board or commission; or
12. A member becomes a salaried officer or employee of the City.
tğŭĻ Ћ
\[Rationale for above revisions: Consolidated under proposed section 2.25.105.\]
K. in
his or her capacity as a member of a board or commission. (Ord. 3380 § 1, 2016; Ord. 3268 § 3, 2013; Ord. 3251 §
1, 2013; Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.030 Membership Qualifications and eligibility as voting member.
Member qualifications and eligibility shall be in accordance with Chula Vista Charter section 602 and this section:
This section implements City Charter Section 602(d) and policies consistent with other portions of the Charter
pertaining to qualifications for voting membership and eligibility to serve on boards and commissions.
A. Except as provided in subsection (B) of this section, voting members of boards and commissions shall be
registered to vote in City of Chula Vista elections.
B. Voting members of boards and commissions who are advisory only and whose duties involve regional issues are
not required to be registered to vote in City of Chula Vista elections; however, the appointment of individuals who
are not registered voters must be approved by four affirmative votes of the City Council.
\[Rationale for above revisions: Proposed changes strike rules that are redundant with Chula Vista
Charter section 602 and incorporate that section by reference instead.\]
CA. An individual is eligible to serve on only one board or commission at a time, unless the member is filling a seat
on another board or commission that was specifically created to represent the board or commission to which he or
she was originally appointed.
DB. A paid salaried officer or employee of the City is not eligible to be appointed to or to serve on a board or
commission.
\[Rationale for above revisions: Subsections C and D revised for clarification.\]
C. A member is ineligible to be appointed to another board or commission during the first twelve months of his or her
term; this prohibition does not apply to appointments to serve as a representative member on another board or
commission, pursuant to subsection A., above. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
\[Rationale for above revisions: Proposed changes are intended to reduce member turnover and
the significant staff time required to process appointments and orient new members to their
specific board or commission.\]
D. The City Council may appoint ex officio members to any board or commission because of particular background
or experience that the City Council deems will assist a particular board or commission in handling a discrete set of
issues. Ex officio members are not required to be registered voters and are subject to term limits as described in the
Charter and CVMC 2.25.080 and 2.25.100. Ex officio members are not entitled to vote or to make motions.
\[Rationale for above revisions: Consolidated from section 2.25.040, below.\]
2.25.040 Membership Qualifications and eligibility as ex officio member.
The City Council may appoint ex officio members to any board or commission because of particular background or
experience that the City Council deems will assist a particular board or commission in handling a discrete set of
issues. Ex officio members are not required to be registered voters and are subject to term limits as described in
CVMC 2.25.080, 2.25.090, and 2.25.100. Ex officio members are not entitled to vote or to make motions. (Ord.
3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.050 Membership Applications Interview, nomination and appointment process.
A. The City Clerk shall maintain applications for prospective membership on boards and commissions for a period
of one year from the date of application. The application shall provide a place for an individual to state the reasons
he or she seeks appointment to a particular board or commission and his or her qualifications for service on a
particular board or commission.
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\[Rationale for above revisions: Revisions are intended to streamline appointment processes.
Applications are currently maintained for two years by internal process; however, individuals who
applied more than a year earlier are frequently difficult to reach or no longer interested in serving.
In a poll of other cities, retaining applications for one year was most common.\]
B. An individual who has submitted an application for appointment as a voting or ex officio member of any board or
commission may be iIinterviewed as part of the nomination and selection process.
C. When a vacancy occurs on a board or commission, the City Clerk shall forward applications received for the
vacant position to the Mayor, who shall review the forwarded applications, select applicants to be interviewed,
iI
boards and commissions except for the Board of Ethics, Civil Service Commission, Cultural Arts Commission,
Growth Management Oversight Commission, Mobilehome Rent Review Commission, Planning Commission, and
Parks and Recreation Commission.
D. The Mayor shall forward applications for membership on the Board of Ethics to a panel consisting of at least two
city managers rotated from cities in San Diego County, excluding Chula Vista. The panel shall review the applications,
interview applicants, and recommend one applicant for each available seat to the City Council for appointment.
E. If a vacancy occurs on any board or commission within one year of interviews being conducted for that board or
commission, interviews are not required if all of the following criteria are met: 1) the vacancy was properly noticed
and new applications solicited; 2) no new, qualified applications were received; 3) one or more qualified applicants
from the original interviews remain eligible and interested in being appointed; and 4) the appointment process for the
board or commission does not specifically prohibit this subsection.
\[Rationale for above revisions: Revisions intended to streamline appointment processes.\]
EF. Vacancies on the Cultural Arts Commission, Growth Management Oversight Commission, Planning
Commission, Parks and Recreation Commission, and the two seats on the Civil Service Commission whose
members are appointed by the City Council directly shall be appointed in accordance with Chapter 2.53 CVMC.
\[Rationale for above revisions: Revisions are intended to streamline the appointment process for
the Cultural Arts Commission by no longer requiring interview of the full Council. The revised
appointment process is proposed in subsection H, below.\]
FG. The nomination and appointment process for the three remaining Civil Service Commission seats that are not
appointed by the City Council directly shall be conducted in accordance with Charter Section 609 and CVMC
2.43.050.
\[Rationale for above revisions: Subsections revised for clarification.\]
GH. The nomination and appointment process for the Mobilehome Rent Review Commission shall be conducted in
accordance with Chapter 2.31 CVMC and this subsection.
1. The Mayor shall review applications for all ex officio members and one voting member, select applicants to
be interviewed for those positions, iInterview selected applicants, make nominations for appointment subject to
agenda.
2. The four remaining voting positions are tied to a particular Council seat. When a vacancy occurs in one of
the four positions, the City Clerk shall forward applications to the Councilmember filling the corresponding
Council seat. The Councilmember shall review the applications, select applicants to be interviewed, and
iInterview selected applicants. The Councilmember shall then nominate an applicant for appointment to the
available position and request that the nomination be scheduled for vote on the next available Council
I. The nomination and appointment process for the Cultural Arts Commission shall be conducted in accordance with
Chapter 2.33.040 and this subsection.
tğŭĻ Ѝ
1. The Cultural Arts Commission may recommend guidelines to be used during the application and appointment
processes, which may include relevant questions to be included on the application, a checklist of qualifications,
and definitions of terms referenced in Section 2.33.040, related to the qualifications of members.
2. When a vacancy occurs on the Cultural Arts Commission, the City Clerk shall forward applications received
for the vacant position to the Mayor and Cultural Arts Manager or other staff assigned to the Cultural Arts
Commission.
3. Throughout the review of applications, selection of applicants to be interviewed and Interviews of selected
applicants, the Mayor shall consider guidelines developed by the Cultural Arts Commission, as well as
recommendations for interviews or appointments that may be made by the Cultural Arts Commission, City
Councilmembers, and the Cultural Arts Manager or other staff assigned to the Cultural Arts Commission.
4. The Mayor shall review the forwarded applications and select applicants to be interviewed. The Mayor shall
Interview selected applicants and provide the opportunity for the Cultural Arts Manager or other staff assigned
to the Cultural Arts Commission to attend and assist with the Interviews. The Mayor shall make nominations for
\[Rationale for above revisions: Proposed subsection H is intended to streamline the appointment
process for the Cultural Arts Commission by no longer requiring interviews before the full
Council. The Cultural Arts Commission discussed the proposed revisions to the appointment
process (minutes are provided as Attachment 2).\]
JH. Members of each board and commission shall be appointed by at least three affirmative votes of the City
Council. (Ord. 3393 § 1, 2016; Ord. 3370 § 2, 2016; Ord. 3253 § 1, 2013; Ord. 3213 § 1, 2011; Ord. 3111 § 1,
2008).
2.25.055 Membership Reappointment process.
particular board or commission seat, the City Clerk shall schedule the reappointments for eligible and interested
members at a meeting of the City Council in Julyne, or as soon as practicable thereafter, for all boards and
commissions, except members of the following commissions who will have served more than one year as of the date
of their term expiration: Growth Management Oversight Commission, Planning Commission, Parks and Recreation
Commission, and the two members of the Civil Service Commission who are appointed by the City Council
directly..
B. Prior to reappointment, if a majority of the City Council so desires, the Mayor and City Council shall may
iInterview interested and eligible members of the following commissions who will have served more than one year
as of the date of their term expiration: Growth Management Oversight Commission, Planning Commission, Parks
and Recreation Commission, and the two members of the Civil Service Commission who are appointed by the City
Council directly. Following the interviews, the Mayor and City Council shall vote whether or not to reappoint the
incumbents.
\[Rationale for above revisions: Revisions to subsections A & B above are based on a 6/13/2017
referral from Council to no longer require certain members seeking reappointment to be
interviewed. Under the proposed process, a majority of the Council may elect to interview
members seeking reappointment, but it would not be required.\]
C. In addition to the attendance reports provided under CVMC 2.25.120, the City Clerk shall provide the Mayor and
5.160 for
consideration during the reappointment process.
\[Rationale for above revisions: In an effort to streamline reappointments, reports on compliance
with mandatory ethics training is consolidated with annual membership reports under 2.25.120.
These reports are due July 1 and are provided to Council prior to reappointments so that the
with mandated training.\]
tğŭĻ Ў
DC. Regardless of the applicable reappointment process, each member of a board or commission shall be
reappointed by at least three affirmative votes of the City Council. When an incumbent is not reappointed, the seat
shall be filled using the applicable appointment process. (Ord. 3366 § 1, 2016).
2.25.060 Membership Oath of office Effective date of taking office.
The City Clerk or his or her designee shall administer the oath of office to newly appointed voting and ex officio
members. Newly appointed voting members must take the oath of office before they may vote as a member of the
board or commission to which they have been appointed. Voting members assume their office on the date they take
the oath of office. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.070 Membership Terms Initial terms for new boards and commissions.
Initial terms of office for newly established boards or commissions shall be determined in accordance with City
Charter Section 602(b). (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.080 Membership Terms Standard term of office Holdover office.
A. The standard term of office for board and commission members is four years. The standard term begins July 1st
and ends June 30th four years later.
or her former office until the office is filled by the appointment of a qualified successor. (Ord. 3213 § 1, 2011; Ord.
3111 § 1, 2008).
2.25.090 Membership Terms Two-consecutive-term limit for voting and ex officio members
Exceptions.
A. Members are limited to serving a maximum of two consecutive terms, except as provided in CVMC 2.25.100(C).
B. An individual who has served two consecutive terms may be reappointed to the same board or commission after
an interval of two years has passed. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
\[Rationale for above revisions: Rules in the sections above are provided in the Charter.\]
2.25.100 Membership Terms Filling unexpired terms.
Member terms shall be in accordance with Chula Vista Charter section 602 and this section:
A. If a vacancy on any board or commission occurs prior to the expiration of a term of office, any appointment to fill
the vacancy shall be for the remaining unexpired term of office.
BA. A voting member who currently sits on a particular board or commission may not be appointed to fill the
currently sits as an ex officio member of a board or commission may be appointed to fill the unexpired term of a
criteria for voting membership. The appointment process shall be the same as provided for in CVMC 2.25.050.
C. An unexpired term with fe-
consecutive-term limit set forth in CVMC 2.25.090. Therefore, an individual appointed to fill an unexpired term of
less than two years may subsequently be appointed to two full terms.
-consecutive-term limit set
forth in CVMC 2.25.090. Therefore, an individual appointed to fill an unexpired term of two years or more may
subsequently be appointed to only one additional, consecutive term.
EB. For purposes of determining whether the unexpired term of a vacated seat is less than, more than, or equals two
years, the starting date of the unexpired term shall be the date the new appointee takes the oath of office, and the end
2011; Ord. 3111 § 1, 2008).
tğŭĻ Џ
\[Rationale for above revisions: Redundant rules from the Charter are removed.\]
2.25.105 Membership Vacancies.
A. Vacancies mandated by the City Charter.
If the City Clerk determines that a vacancy has occurred pursuant to Charter Section 602(c), the Clerk shall agendize
the matter for City Council action. Between the occurrence of vacancy and the Council declaration of vacancy, the
member shall be unable to continue serving as a board or commission member and shall have no duties of the office.
The vacancy shall be effective on the date the Council declares the office vacant.
B. City employee. If a member becomes a paid employee of the Citystatus as a board or commission
member shall automatically terminate. The effective date of vacancy shall be the date of hire.
C. Member no longer qualified. If a member loses the status or classification that qualified the individual for his or
her seat on a particular board or commission, unless otherwise provided in the board or commission membership rules,
the City Clerk shall schedule the declaration of vacancy on an agenda of the City Council as soon as practicable after
being informed of a qualifying circumstance. The vacancy shall be effective on the date the Council declares the office
vacant.
D. Removal for cause.
1. A member may be removed for cause by three affirmative votes of the City Council.
2. A member may be removed for cause for the following reasons:
a. Absence from more than 50 percent of the meetings of the board or commission in one fiscal year, whether
or not excused by a majority vote of its members;
b. Unavailability or conduct which interferes with the board or commission
c. Failure to attend training sessions mandated by the City;
d. Violation of any City policies or City, state or federal regulations that are the subject of mandatory training
sessions; or
e
3. A Council subcommittee comprised of the Mayor and Deputy Mayor shall monitor attendance and training
records submitted pursuant to CVMC 2.25.120 and reports of situations described in subsections (2)(b) through
(d), above. The subcommittee may make recommendations to the full Council for a vote on the removal of a
member for cause.
4. Prior to the subcommittee making a recommendation to the full Council for a vote on the removal of a member
for cause, the member shall be notified and be provided a reasonable opportunity to submit an explanation for
the subcommittee and Councilconsideration.
5. Should the Council vote affirmatively to remove the member for cause, the vacancy shall be effective on the
date .
E. Resignation. A member may resign by providing notice to the Chair, City staff, or the City Clerk. The resignation
shall be effective on the date provided by the member, or, if no such date was provided, on the date the notice was
given.
\[Rationale for above revisions: This section is intended to consolidate and clarify the rules
surrounding a seat becoming vacant and the vacancy effective date due to various
circumstances.\]
2.25.110 Attendance requirements Excused absences Removal for cause.
A. The
make every reasonable effort to attend all regular meetings of their respective boards or commissions, to attend
special meetings, and to be prepared to discuss matters on their respective agendas.
B. The City Charter requires that any board or commission member who is absent from three consecutive, regular
meetings will be deemed to have vacated his or her membership on the particular board or commission, unless his or
tğŭĻ А
her absence is excused by a majority vote of the other members, as reflected in the official minutes of the board or
commission.
C
absence from meetings for any of the following reasons:
1. Illness of the member, family member of the member, or personal friend of the member;
2. Business commitment of the member that interferes with the attendance of the member at a meeting;
3. Previously scheduled vacation of the member, notice of which was provided to the respective board or
commission in advance of the meeting;
4. Attendance of the member at a funeral, religious service or ceremony, wedding, or other similarly significant
event;
6. Other reason for which the member has given notice to the chair or secretary of his or her unavailability at
least 715 days in advance of the meeting., as long as the unavailability is not expected to last for longer than 30
days.
\[Rationale for above revisions: Revision intended to simplify excused absence reason, while also
providing a reasonable timeframe for notice of an absence to be given.\]
official minutes for the meeting at which the vote was taken. A member may vote to excuse his or her own absence.
\[Rationale for above revisions: Language added for clarification.\]
E. The secretary of each board or commission shall notify the City Clerk if a voting member misses three regular,
consecutive meetings of the board or commission without being excused by a majority vote of the board or
commission as expressed in its official minutes. The City Clerk shall proceed according to CVMC 2.25.105(A).
\[Rationale for above revisions: Subsection E above replaces procedure of the board or
commission chair notifying the City Clerk under section 2.25.290(A).\]
E. A Council subcommittee comprised of the Mayor and Deputy Mayor shall monitor the attendance records of
board and commission members submitted by board and commission chairs pursuant to CVMC 2.25.290. The
subcommittee may make recommendations to the full Council for a vote on the removal of a member for cause. A
voting or ex officio member may be removed for cause by three affirmative votes of the City Council. (Ord. 3306 §
1, 2014; Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
\[Rationale for above revisions: Process for monitoring attendance records and making
recommendations for removal of a member is moved to Section 2.25.105. In addition, the
2.25.120 Attendance and training reports required annually.
The secretary for each board and commission shall prepare an annual written report of attendance on a form
developed by the City Clerk, which includes , noting the percentages of absences of members for both regular and
special meetings during the preceding fiscal year, the total number of meetings held by the board or commission, the
number of meetings missed by each member for the preceding fiscal year, and each member compliance with
mandatory training as required by Section 2.25.160. The report shall be delivered to the City Clerk no later than
June 30th of each year. The City Clerk shall forward the report to the Mayor and City Councilmembers, who may
use this information in considering reappointment to second terms. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
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\[Rationale for above revisions: Reports on compliance with mandatory ethics training is
consolidated with annual attendance reports and other clarifications made.\]
2.25.130 Code of ethics.
Voting and ex officio members of boards and commissions are public officials and, therefore, act as agents for the
observe in their official acts a high standard of morality and discharge faithfully the duties of their office,
recognizing that the public interest must be a primary concern. Members of boards and commissions are expected to
01 CVMC. If a board or commission member is in doubt
about whether the code of ethics applies to a particular situation, the member may request in writing an advisory
opinion from the Board of Ethics. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.140 Compensation and expenses Use of business cards.
A. Members of boards and commissions shall serve without compensation for their services.
B. Members of boards and commissions may receive reimbursement for necessary travel and other expenses
incurred on official duty to the extent that appropriations for such expenses have been provided by the City Council
C. Members of boards and commissions are authorized to use business cards showing their affiliation with their
particular board or commission only if:
1. Business cards are used in relation to the duties and functions of the particular board or commission;
2. City funds are used to pay for the business cards; and
3. Appropriations for such expenses have been provided by the City Council in approving the budget for the
particular board or commission. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.150 Conflicts of interest Recusal from discussion and voting.
A. Voting and ex officio members of certain boards and commissions may be required to file statements of
required to file the statements.
nflict of interest code state that no person shall make or
participate in the making of a governmental decision that he or she knows, or has reason to know, will have a
reasonably foreseeable material financial effect on him or her distinguishable from its effect on the public generally.
The Political Reform Act and implementing regulations require a public official diligently to monitor his or her
business interests, real property, sources of income, gifts, and personal finances to ensure that he or she does not
participate in an action in which he or she has a conflict of interest.
C. When a member has a conflict of interest, or the appearance of a conflict of interest, he or she must publicly state
the nature of the conflict. Unless the item is on the consent calendar, the member must step down from the dais or
table and leave the room until consideration of the particular item is finished. Additionally, the disqualified member
may not be counted toward achieving a quorum while the item is being discussed. A member may consult the City
Attorney if he or she has a question about whether or not a conflict exists and whether or not he or she should
disqualify himself or herself from discussing or voting on an issue. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.160 Mandatory training sessions.
A. Board and commission members are required to attend periodic training sessions on ethics laws as specified in
California Government Code Section 53234 et seq.. Board and commission members shall participate in mandatory
training sessions in the first year of appointment to their particular board or commission, and at least once every two
years thereafter. The City Attorney or his or her designee will provide sufficient opportunities to board and
commission members to allow them to fulfill this requirement. The City Attorney or his or her designee shall
his or her designee shall notify the City Clerk, who shall notify the Mayor, if a member fails to attend mandatory
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training sessions within the required time period A members failure to comply with this training requirement, may
be a cause for removal from office, pursuant to Section 2.25.105.
\[Rationale for above revisions: Process for monitoring compliance with mandatory training is
streamlined and consolidated under Sections 2.25.105 and 2.25.120.\]
code of ethics, Brown Act requirements, sexual harassment laws and policies, and other laws or City policies as may
be determined.
C. The secretary of each board or commission shall be responsible for notifying members in writing of dates, times
and locations of training sessions.
D. The failure of a board or commission member to attend a mandatory training session may be considered cause for
removal from the particular board or commission to which he or she has been appointed. (Ord. 3213 § 1, 2011; Ord.
3111 § 1, 2008).
\[Rationale for above revisions: Consequences of failing to attend mandatory training are included
in 2.25.105.\]
2.25.170 Operations Bylaws may be adopted.
Boards and commissions may adopt bylaws governing the internal conduct of their affairs. The bylaws must be
consistent with the City Charter, the Municipal Code, and applicable state law and shall include the method for their
amendment. The original bylaws and any amendments to the bylaws shall be delivered to the City Clerk for
preservation. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.180 Operations Election of chair and vice chair.
At the first regular board or commission meeting following July 1st of every year, or as soon as practicable
thereafter, each board or commission shall elect a chair from among its voting members. Each board and
commission may also elect a vice chair from among its voting members. The chair and any vice chair thus selected
shall serve for a period of one year. The secretary shall notify the City Clerk whenever there is a change in chair or
vice chair. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.190 Operations Duties of chair, vice chair and chair pro tem.
The chair shall serve as presiding officer at meetings. In the absence of the chair, the vice chair, if any, shall serve as
presiding officer. In the absence of the chair and the vice chair, if any, the secretary shall call the meeting to order,
bers for
purposes of conducting business at that meeting. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.200 Operations Regular meetings required Special meetings allowed Time and location to be
established by resolution Brown Act requirements.
A. As required by the City Charter, boards and commissions shall hold regular meetings. Except as otherwise stated
in this section, each board or commission shall hold its regular meetings at least monthly. Each board or commission
shall establish the day, time and location for its regular meetings by written resolution, so long as such meetings
comply with state and local laws, including applicable provisions of the municipal code. A board or commission
may change its regular meeting day, time or location only by a written resolution.
1. The Access Appeals Board shall meet on an as-needed basis, as determined by the filing of disabled access
complaints, but shall hold no more than one meeting each month at a time designated by the chair, or at 4:00
p.m. on the second Monday of each month, immediately prior to the meeting of the Board of Appeals and
Advisors.
2. The Board of Ethics shall hold meetings at the call of the chair or a majority of its members. The Board shall
hold at least one meeting annually.
3. The Charter Review Commission shall hold at least one regular meeting annually. Additionally, during years
when regularly scheduled general municipal elections are held, the Commission shall meet no later than the
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first Wednesday of the seventh month preceding the next regularly scheduled general municipal election. By
written resolution, the Commission may establish other regular meeting times.
4. The Growth Management Oversight Commission shall hold meetings at the call of the chair and shall meet
no later than the first week of January of each year. By written resolution, the Commission may establish other
regular meeting times.
B. When the day for any regular meeting of a board or commission falls on a City holiday, no meeting shall be held
on such holiday.
BC. In addition to regular meetings, boards and commissions are authorized to call and hold any special meetings
they deem necessary., as long as the meetings are properly noticed. No written resolution is required to call a special
meeting.
CD. As a general rule, boards and commissions shall hold their regular and special meetings at a City facility.
Boards and commissions may hold their meetings from time to time in other locations within the City, as long as
meetings are properly noticed.
DE. All board and commission meetings shall be noticed and held in accordance with the requirements of the Brown
Act. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
\[Rationale for above revisions: Changes to section 2.25.200 simplify language and remove
redundancies with the Brown Act. Meeting schedules are also recommended to be provided in
specific board or commission resolutions only to avoid outdated information in the Municipal
Code. The frequency of regular meetings (e.g. monthly, quarterly, etc.) is now provided in each
\]
2.25.205 Operations Conduct of meetings.
Pursuant to City Charter Section 603, board and commission meetings shall be open to the public. The rules
applicable to City Council meetings regarding oral communications, addressing members, presiding officer powers
and duties, and decorum and order, set forth in CVMC 2.04.130, 2.04.170, 2.04.210, 2.04.320, 2.04.330, and
2.04.340, shall apply to board and commission meetings. In applying those code provisions to board and
2.25.210 Operations Agenda preparation, posting, and availability and distribution.
A. Agendas must be prepared, distributed and posted for all meetings in accordance with Brown Act requirements.
B. Items may be placed on the agenda by the chair, by majority vote of the members, or by City staff. The secretary
for each board or commission shall prepare meeting agendas in consultation with the chair. The secretary shall
forward the agenda and supporting documents and materials to members in sufficient time in advance of a meeting
to allow them to review the materials prior to the meeting. Agendas and supporting documents shall be made
available to the public at the same time they are provided to the board or commission.
B. The board or commission secretary shall post agendas for regular meetings at least 72 hours prior to the meeting
in a place visible and accessible to the public 24 hours each day. The secretary shall post agendas for special
meetings at least 24 hours prior to the meeting in a place visible and accessible to the public 24 hours each day.
C. The board or commission secretary shall forward agendas to the Mayor, City Council, and City staff designated
to assist a particular board or commission, and individuals who have submitted a written request for meeting
information, at least 72 hours in advance of regular meetings and at least 24 hours in advance of special meetings.
Agendas shall be made available to the public at least 72 hours in advance of regular meetings, and at least 24 hours
in advance of special meetings, and at all meetings..
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D. The agenda for each board or commission meeting shall provide time for the public to comment on each item on
the agenda. The agenda shall also include a section for public comments on matters not listed on the agenda but
within the jurisdiction of the particular board or commission. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
\[Rationale for above revisions: Changes to section 2.25.210 are intended to simplify language and
remove redundancies with the Brown Act.\]
2.25.220 Operations Meeting cancellation Notice required.
A. A meeting may be cancelled because of a lack of a quorum of voting members or the lack of agenda items.
B. If the board or commission secretary has advance notice that a meeting will not be held, the secretary shall post a
notice of cancellation in lieu of posting or mailing an agenda for the meeting.
C. If a quorum of voting members cannot be assembled on the date and at the time a meeting is scheduled to be held,
the secretary shall declare the meeting cancelled and post a notice of cancellation of the meeting on the door of the
room where the meeting was to be held. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.230 Operations Minutes required Form and content Retention of recordings.
\[Rationale for above revisions: Revision to the section title is a clean-up item following adoption
of Ordinance 3422.\]
A. The board or commission secretary shall prepare minutes for all meetings. The secretary shall present the minutes
at a subsequent meeting for approval by the board or commission members. The secretary shall transmit the original
minutes to the City Clerk for permanent preservation immediately after the board or commission has approved the
minutes. The secretary shall transmit copies of minutes of all meetings to the City Council within 10 days of
approval.
B. Minutes shall contain a record of each particular type of business transacted, set off in paragraphs with proper
subheadings. The secretary shall be required to make a record only of the business actually passed upon by a vote of
the board or commission members and shall not be required to make a verbatim transcript of the proceedings. A
record shall be made of the name and city of residence of persons addressing the board or commission, the title of
the subject to which their remarks related, and whether they spoke in support of or in opposition to the matter. (Ord.
3422 § 1, 2018; Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.240 Operations Quorum and voting requirements.
Unless otherwise required by state law or this chapter, the affirmative vote of a majority of the entire voting
membership of any board or commission shall be necessary for it to take any action except to adjourn. This
provision is intended to meet the requirements of City Charter Section 603. (Ord. 3213 § 1, 2011; Ord. 3111 § 1,
2008).
2.25.250 Operations Appointment of subcommittees.
A. Boards and commissions may appoint subcommittees that they deem appropriate to provide advice on any matter
within the jurisdiction of the particular board or commission.
B. Subcommittees may be composed of board or commission members, as well as other residents appointed by the
particular board or commission. The chair of any subcommittee shall be a voting member of the board or
commission that established the subcommitteeSubcommittees shall be created, and shall conduct themselves, in
accordance with the Brown Act.
C. Subcommittees may be standing committees or ad hoc committees.
D. Brown Act requirements pertaining to notices of meetings, agendas and public comments shall apply to meetings
of any standing subcommittee of whatever composition, and to any subcommittee that is composed of a quorum of
members of the board or commission. Subcommittees may not hold closed sessions.
EB. The role of any subcommittee is to provide expertise and advice to its establishing board and or commission
members only. Subcommittees and subcommittee members do notshall not advise the City Council directly or speak
on behalf of the board or commission without prior approval of a majority of the members of such board or
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commission. Subcommittee members do not represent the City. Subcommittee members should make every effort to
ensure that recommendations and advice are directed to the board or commission that established the subcommittee.
Subcommittee members may not speak on behalf of the board or commission without prior approval of a majority of
the members of the board or commission. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
\[Rationale for above revisions: Changes are intended to simplify language and remove
redundancies with the Brown Act.\]
2.25.260 Operations Staff support.
A. Pursuant to City Charter Section 603, the City Manager shall appoint a staff person to serve as secretary to each
board and commission. In addition to other duties specified in this chapter, the secretary is responsible for finalizing
resolutions and performing other administrative duties, as necessary.
B. Pursuant to City Charter Section 605, the services of the Director of Public Works, the City Attorney, and the
Director of Development Services shall be made available to the Planning Commission.
C. The City Manager may make available other staff and clerical support as requested by a board or commission to
fulfill its functions and duties, provided such staff and clerical support are available.
DC. Staff persons assigned to assist boards and commissions shall not be considered voting or ex officio members of
those boards and commissions. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.270 Operations Gifts, grants and contracts Council approval required.
A board or commission may not accept gifts or grants from any source absent approval from the City Council. A
board or commission may not commit or attempt to commit the City to any contract or other agreement without first
obtaining authority from the City Council to do so. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.280 Operations Annual activity report required Other reports and recommendations Individual
communications by members.
th
A. By July 1st June 30 of every year, each board and commission shall prepare and submit to the City Clerk a
written report of its activities during the previous fiscal year. The City Clerk shall forward copies of each report to
the City Council. The annual report shall also contain other specific information or findings required by the
ordinance creating a particular board or commission.
\[Rationale for above revisions: Deadline changed to coincide with the deadline for attendance
reports under 2.25.120.\]
B. In addition to the annual report, a board or commission may make other reports to the City Council, either orally
or in writing, at a public session of the City Council. Minority reports, if any, shall be submitted in writing
concurrent with the majority reports.
C. Boards and commissions shall forward proposals, suggestions, or recommendations to the City Council after
formal board or commission action has been taken, within 10 working days of the meeting at which the action was
taken. Board and commission policy positions should be formulated and stated in such a way as to ensure
understanding by the public that the stated positions are not the official policy of the City until recommended to, and
adopted by, the City Council.
D. Individual board or commission members may speak on behalf of their respective board or commission only after
a vote of the particular board or commission. Individual members making recommendations or expressing views
that have not been officially voted on by a majority of the body shall indicate that they are expressing themselves as
private citizens, not as representatives of their respective board or commission. (Ord. 3213 § 1, 2011; Ord. 3111 § 1,
2008).
2.25.290 Vacancies Written notification from chair required.
A. The chair of each board or commission shall notify the City Clerk in writing, or cause the City Clerk to be
notified in writing, if a voting member appears to have abandoned his or her office on the board or commission; if a
voting member misses three regular, consecutive meetings of the board or commission without being excused by a
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majority vote of the board or commission as expressed in its official minutes; or if a voting or ex officio member
egularly scheduled meetings in one calendar year,
whether or not excused by the other members.
B. The City Clerk shall notify the Mayor in writing of reported abandonment or missed meetings, or when a member
has failed to attend mandatory training sessions. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.300 Vacancies Posting required.
A. In accordance with the Maddy Act, Government Code Section 54970, et seq., on or before December 31st of
each year, or as soon as practicable thereafter, the City Clerk shall post a notice of vacancies that are anticipated to
B. If an unexpected vacancy occurs for a reason set forth in CVMC 2.25.020 under the definition of the term
fill the vacancy. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
\[Rationale for above revisions: Sections 2.25.290 and 2.25.300 are simplified and consolidated
under 2.25.105.\]
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\[Rationale for revisions to specific board and commission chapters: Removing specific meeting
schedules from the Municipal Code is recommended as board and commission meeting
schedules are adopted by resolution of the board or commission, which leaves the Municipal
Code out-of-date and potentially causes confusion. Meeting frequency is moved to individual
board and commission chapters (below) from Section 2.25.200. Rationale for other changes to
individual chapters is provided below.\]
Chapter 2.26
BOARD OF APPEALS AND ADVISORS*
* For state law adopting building codes and other codes to apply as housing construction regulations throughout the state, see
Health & Safety Code § 17922.
2.26.010 Creation.
There is hereby created a Board of Appeals and Advisors. The provisions of Article VI of the City Charter, Chapter
2.25 CVMC, and this chapter shall govern this Board. (Ord. 3211 § 1, 2011; Ord. 2439 § 2, 1991; Ord. 1235 § 1,
1969; Ord. 1002 § 1, 1966; prior code § 2.91).
2.26.020 Purpose and intent.
It is the purpose and intent of the City Council in establishing the Board of Appeals and Advisors to create an
advisory body to serve as a resource to advise and make recommendations to the City Council, the City Manager,
the Building Official, and the Fire Chief on matters relating to building construction. The Board of Appeals and
Advisors shall also, when appointed to do so by the City Manager or designee, act as an appellate body for persons
affected by decisions of specified City Officers (as defined in section 2.26.030(D) of this chapter) arising out of the
current California building codes as adopted and amended by the City. The Board of Appeals and Advisors shall be
those appeal boards required by California Building Code section 1.8.8.2 and Health and Safety Code sections
17920.5 and 17920.6, unless otherwise agreed upon by the involved parties; and to act as an alternative
administrative appellate review body for persons affected by decisions of those officers to abate public nuisances
arising out of application of Uniform Codes. (Ord. 3211 § 1, 2011; Ord. 2790, 1999; Ord. 2439 § 2, 1991; Ord. 1465
§ 1, 1973; Ord. 1235 § 1, 1969; Ord. 1002 § 1, 1966; prior code § 2.91(a)).
2.26.030 Functions and duties.
The function and duties of the Board of Appeals and Advisors shall be as follows:
A. Create a forum for City-wide discussions, research, and analysis of critical issues of building construction,
including plumbing, mechanical and electrical installations.
B. Where authorized by a Uniform Code building code adopted by the City to do so, to investigate, to and advise,
and to act as an appellate body on decisions by City Officials as to the suitability of alternate materials or methods
of construction, types of construction, and interpretation of that adopted Uniform Code.
C. Conduct public hearings and recommend to the City Council the passage of new legislation pertaining to the
design and construction of buildings.
D. Act as an administrative appellate body, when assigned appeals by the City Manager, in lieu of the hearing
officer described in as an alternative to the hearing examiner specified under CChapter 1.40 CVMC CVMC, to hear
and decide appeals of orders, decisions, and determinations made by at the option of the City Manager, to hear
appeals relating to determinations by the City Manager, Code Enforcement Officer, Fire Chief, or Building Official
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, pursuant
to City-adopted building codes, as adopted and amended by Title 15 of this Code, governing use (including
abatement and nuisances), maintenance, and the change of occupancy. Uniform Codes, that conditions or
circumstances are public nuisances and should be abated. Such codes include, but are not limited to, the Uniform
Building, Uniform Mechanical, Uniform Fire, Uniform Housing, Uniform Plumbing and National Electrical Codes
as adopted from time to time by the City Council. Hearings of the Board shall be conducted in accordance with the
procedures set forth in such Uniform Codes building codes, and particularly the Uniform Code for the Abatement of
Dangerous Buildings, or the provisions of Chapters 1.30 and 1.40 CVMC CVMC. The decision of the Board shall
be final. (Ord. 3211 § 1, 2011; Ord. 2790, 1999; Ord. 2718 § 1, 1998; Ord. 2439 § 2, 1991; Ord. 1235 § 1, 1969;
Ord. 1002 § 1, 1966; prior code § 2.91(b)).
2.26.040 Membership.
The Board of Appeals and Advisors shall consist of no less than three, but no more than five seven voting members,
to be appointed in accordance with Article VI of the City Charter and Chapter 2.25 CVMC and shall be qualified by
training and experience to pass on matters pertaining to building construction, including applicable building codes,
regulations, and ordinances. (Ord. 3211 § 1, 2011; Ord. 2439 § 2, 1991; Ord. 1235 § 1, 1969; Ord. 1002 § 1, 1966;
prior code § 2.91(c)).
\[The BOAA requires members with specified experience. As a result, recruiting and appointing
BOAA members is difficult. To address this issue, the proposed amendments reduces the
minimum number of members to three and maximum to five. Also, a recent Court ruling requires
that the BOAA to act as the hearing body for specified appeals. The proposed amendment makes
the BOAA the hearing body for said appeals.\]
2.26.050 Meeting schedulefrequency.
The meeting schedule shall include at least one regular meeting per year, at the day, time, and location
established by written resolution of the Board. In addition, the Board may hold special meetings, as determined by
the City Manager or designee, at the noticed time and location.The Board shall hold regular meetings on the second
Monday of each month at 5:15 p.m., in Conference Room 137, located in Building 200 (Development Services) in
the Civic Center, at 276 Fourth Avenue, Chula Vista. The Board may change its regular meeting day, time or
location by written resolution in accordance with CVMC 2.25.200. (Ord. 3211 § 1, 2011; Ord. 2439 § 2, 1991; Ord.
1235 § 1, 1969; Ord. 1002 § 1, 1966; prior code § 2.91(c)).
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Chapter 2.28
BOARD OF ETHICS*
* Prior legislation: Prior code §§ 1.48 1.51; Ords. 1040, 2297, 2453, 2629, 2630 and 2778.
For provisions of Charter law concerning appointive boards and commissions, see City Charter §§ 600 606.
ate
of this Ordinance, shall be subject to the provisions of Chapter 2.28 and/or Board of Ethics policies or procedures in effect before
2.28.010 Establishment of the Board of Ethics.
The Board of Ethics is hereby created. The provisions of Article VI of the Chula Vista City Charter, Chapters 2.01
and 2.25 CVMC, and this chapter shall govern the Board of Ethics. (Ord. 3264 § 1, 2013).
2.28.020 Purpose.
It is the purpose of the Board of Ethics to advise and make recommendations to the City Council of the City of
Chula Vista on all matters relating to potential unethical conduct and to make such necessary and appropriate
recommendations to the City Council for the implementation of the code of ethics, as set forth in Chapter 2.01
CVMC, and amendments thereto, which may become necessary from time to time. The Board of Ethics will serve as
a hearing body for violations of the code of ethics, as set forth in Chapter 2.01 CVMC, and shall render impartial
and objective opinions and ensure that those covered by the code of ethics are appropriately informed.
Members of the Board of Ethics should be aware that they are in a unique position of trust given their role under this
chapter and as such must strive to avoid any appearance of bias or partiality. Accordingly, they should be aware that
their conduct and actions will be scrutinized by the public at all times, but particularly during the election cycle.
(Ord. 3264 § 1, 2013).
2.28.030 Function and duties of the Board of Ethics.
It shall be the function of the Board of Ethics to implement the code of ethics as set forth in this chapter. The duties
of the Board of Ethics shall be:
A. To receive or initiate complaints of violations of the code of ethics.
B. To hear and investigate complaints and transmit the findings and recommendations to the City Council.
C. To render advisory opinions or interpretations with respect to the application of the code of ethics and this
chapter, either on request or on its own initiative.
D. To propose revisions of this chapter or other City policies to assure its continuing pertinence and effectiveness.
(Ord. 3264 § 1, 2013).
2.28.040 Powers of the Board of Ethics.
In order to carry out its duties, the Board of Ethics is authorized to receive complaints, conduct investigations upon
complaints or information received, make referrals to other governmental agencies regarding unethical conduct, hold
hearings, swear witnesses, render advisory opinions and adopt rules of procedure for the conduct of its business.
(Ord. 3264 § 1, 2013).
2.28.050 Membership.
A. The Board of Ethics shall be composed of seven members, to be appointed in accordance with Article VI of the
City Charter, Chapter 2.25 CVMC, and this chapter. Irregularities in the interview process set forth in CVMC
2.25.050(D) may be brought to the attention of the City Council.
B. No person shall be appointed as a member of the Board of Ethics, or shall be entitled to retain their membership,
if he or she, within the past 10 years prior to the date of appointment, has been convicted of any felony or a crime
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involving moral turpitude, has been found to have committed a criminal violation of the Fair Political Practices Act,
or has a conflict of interest as defined in this chapter.
1. The applicant or any
City official subject to this chapter;
official subject to this chapter;
3. The applicant has served in any capacity (including staff member, advisor, or volunteer) involving the
election, selection, or appointment of any City official subject to this chapter to any public office (elected or
appointed);
4. The applicant has served in any capacity (including staff member, advisor, or volunteer) opposing the
election, selection, or appointment of any City official subject to this chapter to any public office (elected or
appointed); or
5. The applicant is related to any City official subject to this chapter.
D. This section is not retroactive. (Ord. 3264 § 1, 2013).
2.28.060 Meetings frequency, notice, and staffing.
The meeting schedule shall include at least one regular meeting per month, at the day, time, and
location established by written resolution of the Commission.The Board of Ethics will hold meetings as set forth in
CVMC 2.25.200(A)(2). The City Attorney or his or her appointed representative shall act as secretary to the board.
The secretary shall cause notice of the meetings of the board to be kept and distributed. The secretary shall also give
appropriate and required written notice of all meetings to all members and persons having business before the board.
(Ord. 3264 § 1, 2013).
2.28.070 Order of business.
A. The following shall be the order of business for all meetings:
1. Roll call of members.
2. Reading of minutes of previous meeting.
3. Amendment or approval of minutes of previous meeting.
4. Consideration of matters continued from previous meeting.
5. Consideration of new complaints or requests.
6. Consideration of proposed or existing state legislation in the field of ethics and amendments to the code of
ethics of the City of Chula Vista.
7. Other business.
8. Oral communication.
The aforementioned order of business may be modified by an affirmative vote of the Board of Ethics.
B. Items of business shall be placed on the agenda as set forth in CVMC 2.25.210(A). (Ord. 3264 § 1, 2013).
2.28.080 Advisory opinions.
When a City official has doubt as to the applicability of a provision of this chapter to a particular situation, he or she
may make a written inquiry to the Board of Ethics for an advisory opinion. The purpose of the advisory opinion is to
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assist the City official in the task of judging themselves, so as to enable them to properly carry out their
responsibilities as trustees in the public interest, and to conform their conduct to the code of ethics. The City official
shall have the opportunity to present their interpretation of the facts at issue and of the applicable provisions of this
chapter before such advisory opinion is rendered. The Board of Ethics may also, on its own initiative, issue advisory
opinions regarding the interpretation or implementation of any provision of this chapter. (Ord. 3264 § 1, 2013).
2.28.085 Board referral for investigation.
A. If an individual BOE member personally observes a violation of the code of ethics, he or she may inform the
authority under Chapter 2.52 CVMC for investigation.
B. If a panel to serve as the enforcement authority has not been established, the Board of Ethics shall establish, in a
manner similar to the process used to create the panel for the enforcement authority, a panel of attorneys to serve
pursuant to this section.
C. The Board of Ethics may refer the matter to a Panel Attorney if the BOE member presenting the request makes a
prima facie showing as set forth in CVMC 2.28.110. This provision may not be used in the place of or to circumvent
the other provisions in this chapter for the submission of complaints. Once a BOE member submits a request under
this section and the matter is submitted to a Panel Attorney, they shall recuse themselves from voting on the
complaint.
D. The BOE referral shall go to a Panel Attorney for investigation and determination if probable cause exists on the
complaint. The Panel Attorney may dismiss the complaint if he determines that probable cause does not exist or if
he concludes he cannot prove that probable cause exists. If he dismisses the case for lack of probable cause, he shall
inform the Board of Ethics and provide a basis for the dismissal. If the panel attorney determines that probable cause
exists, he shall present his case as set forth in CVMC 2.28.120 for determination by the Board of Ethics if probable
cause exists. If the Board of Ethics determines that probable cause exists, another Panel Attorney will continue the
investigation for submission to the BOE for a full hearing. Panel Attorneys assigned under this subsection will be
assigned in the same manner they are assigned to investigate complaints for violations of Chapter 2.52 CVMC. The
Panel Attorney shall present the matter for full hearing as set forth in CVMC 2.28.130. (Ord. 3264 § 1, 2013).
2.28.090 Complaints Form, referral to other enforcement agency and requests for confidentiality.
A. All complaints regarding violations of this chapter shall be in writing, identify a person subject to the code of
ethics, contain a full allegation of facts that would constitute a violation of the specific prohibitions enumerated in
this chapter, and be sworn under penalty of perjury. All alleged violations must be submitted within 90 days of
occurrence or when it should have been discovered with the exercise of reasonable diligence. Justification for any
delay in filing complaints is the responsibility of the complainant. For complaints concerning unethical patterns of
behavior, such complaints must be received by the Board of Ethics within 90 days of the most recent event
comprising the pattern of behavior complained of, or within 90 days of when the last event should have been
discovered with the exercise of reasonable diligence. The Board of Ethics will, in its discretion, limit the pattern of
behavior to those events the Board of Ethics feels are proximately related in time to be a part of the same pattern of
behavior.
B. The Board may refer the matter to a local, state, or federal enforcement agency that may have jurisdiction over
the matter at any stage of the proceedings and may hold in abeyance Board action pending results of the referral.
The Board of Ethics may, but is not required to, resume Board action on the matter if it has been provided notice of
inaction by the agency to whom the complaint was referred, the expiration of any applicable statute of limitations, or
inaction for more than one year by the agency to whom the complaint was referred. Local, state and federal
Political Practices Commission (FPPC). If the Board learns of misconduct during any stage of the proceedings, but
the misconduct is not within the specific prohibitions set forth in this chapter, the Board of Ethics may make a
referral to the appropriate local, state, or federal enforcement agency that may have jurisdiction over the alleged
misconduct.
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C. The name of the complainant shall be disclosed unless the complainant has requested that their name be kept
confidential and there is good cause to withhold such name. Requests for confidentiality shall be addressed as
follows:
1. To request that their name be kept confidential, the complainant must provide, with their complaint, a
detailed factual statement, sworn under penalty of perjury, that they would suffer harm or retaliation if their
name were to be disclosed. Facts that may be considered to determine if good cause exists may include, but are
not limited to:
a. The existence of an employer/employee or supervisor/subordinate relationship between respondent and
complainant or
b. Facts that show that complainant would be shunned, ostracized, or rebuked by any organization or
group to which they belong if their name were to be made public;
c. Evidence of prior acts of retaliation or harm by respondent against complainant or any other person;
d. The existence of criminal convictions for crimes of violence by or the existence of any restraining
orders against respondent.
Conclusionary or speculative statements of harm or retaliation are insufficient to establish good cause.
2. Upon a request for confidentiality, the Chair and two Board members, chosen by the Chair on a rotating
basis,
Office of a request for confidentiality and, after consideration of the request, determine if good cause exists to
withhold disclosure of the name. The Chair shall inform the complainant of its decision within five business
days.
3. If the decision is to deny the request for confidentiality, complainant shall have five business days to
withdraw their complaint. If complainant requests that the complaint be withdrawn, the entire complaint shall
shall be not disclosed during this evaluation process.
4. Upon a finding of good cause by the ad hoc subcommittee formed under this section, the name of the
complainant shall be kept confidential unless and until a finding of probable cause is made. The complaint shall
also be redacted accordingly. (Ord. 3264 § 1, 2013).
2.28.100 Complaint procedures Receipt of complaint.
A. The following procedures will be followed upon receipt of a complaint:
1. The complaint will be assigned a case number.
the date of the next hearing in which the complaint will be addressed, and which generally explains the
procedures that will be followed.
complaint has been received naming them as the subject, the date of the next hearing in which the complaint
will be addressed, and which generally explains the procedures that will be followed. The respondent will also
be sent a copy of the complaint with the letter. The complaint may be redacted as provided for in CVMC
2.28.090(C) (related to confidentiality requests).
4. The Chair of the Board of Ethics shall be notified that a complaint has been received. Notwithstanding any
other time frames, the Chair may set a special meeting on the complaint.
receipt of the complaint. If the complaint is received within 90 days of a municipal election in which a City
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official is a candidate, the prima facie review of the complaint will be set within 15 days of the receipt of the
complaint. The Chair and members shall be sent copies of the complaint for their review prior to the hearing.
The Chair and members receiving copies of the complaint shall not discuss the complaint nor disclose the
complaint to any person outside of the hearing. (Ord. 3264 § 1, 2013).
2.28.110 Complaint procedures Prima facie review.
of the complaint. The purpose of
prima facie review is to determine if the complainant has made a prima facie showing that the complaint complies
with the requirements in CVMC 2.28.090(A) (Complaints Form, referral to other enforcement agency, and request
for confidentiality), thereby establishing jurisdiction. A prima facie review may result in the following:
A. No Prima Facie Showing Made Dismissal. After completing the prima facie review, the Board may dismiss the
complaint for any of the following reasons:
1. The complaint is not in writing or is not made under penalty of perjury;
2. The respondent is not a City official within the meaning of this chapter;
3. The complaint does not contain a full allegation of facts that would constitute a violation of the specific
prohibitions enumerated in this chapter;
4. The complaint restates other complaints containing essentially similar or identical allegations that have
already been disposed of, and the evidence presented does not warrant reopening of the previous case;
5. The allegations contained in the complaint are already under investigation by the Board of Ethics;
6. The complaint consists of speculation, opinion, frivolous contentions, or absurd accusations; or
7. The Board of Ethics determines other good cause requires dismissal. If the dismissal is for this reason, the
good cause must be set forth in the minutes of the preliminary review.
If the complaint is dismissed, the Board shall issue a letter to the complainant and respondent as soon as possible,
indicating the reason for the dismissal of the complaint. Such letter is not a conclusive finding and is not intended to
be evidence in any enforcement action initiated by another agency.
B. Prima Facie Showing Made Further Action. If the Board determines that a prima facie showing has been made,
then the Board shall determine the appropriate course of action, including the following:
1. The Board may request additional information from complainant or the respondent. The Board shall
endeavor to complete this action within 45 days from the prima facie finding. If the information is not received
within the 45 days, such fact shall be reported to the Board. After this stage is complete, the matter should be
set for a probable cause hearing within 30 days.
2. The Board may create an ad hoc subcommittee comprised of one to three board members to conduct further
investigation. The ad hoc subcommittee shall endeavor to complete its investigation within 90 days of the
prima facie finding. If the investigation is not completed within the 90 days, such fact shall be reported to the
Board. After this stage is complete the matter should be set for a probable cause hearing within 30 days.
3. The Board may hire an individual from a list of prequalified investigators to conduct an investigation. This
provision is subject to available funding. The investigator shall endeavor to complete the investigation within
90 days of the prima facie finding. If the investigation is not completed within the 90 days, such fact shall be
reported to the Board. After this stage is complete the matter should be set for a probable cause hearing within
30 days.
The Board of Ethics shall establish a written policy for the selection of prequalified investigators. In
determining qualifications, the Board of Ethics shall consider, but is not limited to, the following:
a. Professional licensing;
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b. Experience in conducting investigations;
c. Area or areas of expertise required for the investigation;
d. Available support staff;
e. Reasonable costs;
f. The existence of conflicts of interest;
g. Proven ability to timely complete tasks.
4. The Board may set the matter for a probable cause hearing. The Board shall endeavor to set the probable
cause hearing within 45 days of the prima facie finding. (Ord. 3264 § 1, 2013).
2.28.120 Complaint procedures Probable cause hearing.
The purpose of the probable cause hearing is to determine if there are facts and circumstances, of a reasonably
trustworthy nature, sufficient to justify a person of reasonable caution or prudence in the belief that a violation of the
specific prohibitions
the majority of the entire voting membership. The following procedures shall be followed in the conduct of a
probable cause hearing:
A. Both parties shall be provided notice that the probable cause hearing has been set.
B. The complainant and respondent shall be informed that they may lodge with the Board 10 days before the hearing
If such evidence is not provided to
the Board within the time frame indicated, the Board may, but is not required to, exclude such evidence. As soon
after receipt of such evidence by the Board, the Board should endeavor to provide the opposing party a copy thereof.
C. At the hearing, the Board shall review, but is not limited to, the following: the complaint, including any
supporting documents, that was filed; information acquired during any Board-ordered investigation or request for
information; and any other documents or evidence provided to the Board before the probable cause hearing.
D. The Board, in its discretion, may permit additional documents or evidence to be admitted into the probable cause
hearing. The Board, in its discretion, may also permit witnesses to testify. Witnesses may be subject to cross-
examination, as permitted by the Board.
E. Both parties may comment on the issue of probable cause, as permitted by the Brown Act.
F. If the Board determines that probable cause does not exist, the Board shall dismiss the complaint.
G. If the Board determines that probable cause exists, the Board should set a hearing on the merits within 45 days
thereafter. (Ord. 3264 § 1, 2013).
2.28.130 Complaint procedures Hearing on the merits.
If probable cause is
A. Prior to the hearing on the merits, the Board may request additional information as set forth in CVMC
2.28.110(B). The Board should set a date by which a request for additional information should be completed.
B. Both parties shall be provided notice of the hearing on the merits. The Board may provide copies of materials
upon which the complaint is based to either party.
C. In the discretion of the Board, complainant may present an opening and closing statement, present additional
evidence and witnesses, including rebuttal evidence and witnesses, and cross-examine witnesses.
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D. In the discretion of the Board, the respondent may present an opening and closing statement, present additional
evidence and witnesses, including rebuttal evidence and witnesses, and cross-examine witnesses.
E. The Board may admit, but is not limited to, evidence provided at the hearing on the merits, information provided
with the complaint, information provided pursuant to CVMC 2.28.110(B), or subsection (A) of this section,
information provided at the probable cause hearing, and any other evidence it determines should be considered.
F. The hearing on the merits is not a formal judicial proceeding, but the Board will exercise control over the hearing
to ensure that it is conducted in an orderly and expeditious manner. While the technical rules of evidence are not
applicable and hearsay is admissible, evidence that is admitted should bear indicia of reliability. (Ord. 3264 § 1,
2013).
2.28.140 Complaint procedures Decision after hearing on the merits.
The Board shall document its decision in a written statement of decision. A vote of five board members is required
to make a finding of misconduct. Each finding of misconduct must be supported by a preponderance of the
evidence. The statement of decision should be prepared expeditiously and shall be served upon both parties via
certified mail with a certificate of mailing.
A. Misconduct Found Declaration of Misconduct. If the Board makes a finding of misconduct, the statement of
decision shall contain, and be labeled as such, a declaration of misconduct. The declaration of misconduct shall
detail the misconduct that has been found to be true and the supporting evidence. The declaration of misconduct
shall be a final decision on the merits and shall not be changed by the City Council. The declaration of misconduct
may contain a recommendation of sanctions against the City official found to have engaged in misconduct,
including, but not limited to, the following: a reprimand, censure, or removal from office. The declaration of
misconduct may also recommend remedial actions to prevent misconduct in the future.
Government Code Sections 3250 et seq. (Firefighter Procedural Bill of Rights Act) and 3300 et seq. (Public Safety
Officers Procedural Bill of Rights Act) provide appeal rights for the Police and Fire Chief. The Police and Fire Chief
shall be provided the appeal rights required under the aforementioned Government Code sections and City Council
shall act as the body hearing any such appeal.
B. No Misconduct Found Declaration of No Misconduct. If the Board makes a finding of no misconduct, the
statement of decision shall contain, and be labeled as such, a declaration of no misconduct. The declaration of no
misconduct shall detail the basis for its finding. (Ord. 3264 § 1, 2013).
2.28.150 Conflicts.
City officials subject to the specific prohibitions set forth in this chapter should not participate in or influence the
complaint process as set forth in CVMC 2.28.090 to 2.28.140 in their official capacities. To this end, when a
complaint involves a Board of Ethics member, a Councilmember (including the Mayor) or the City Attorney, the
following procedures shall be followed:
A. If a complaint involves a Board of Ethics member, then the named Board of Ethics member shall recuse himself
or herself.
B. If a complaint involves a Councilmember, including the Mayor, then the named Councilmember shall recuse
himself or herself.
C. If the complaint involves the City Attorney, the City Attorney and his or her office shall recuse themselves.
Outside counsel shall be appointed by the Board of Ethics to advise the Board of Ethics regarding a complaint
alleging misconduct by the City Attorney. The Board of Ethics may establish procedures for the selection of such
counsel. (Ord. 3264 § 1, 2013).
2.28.160 Disclosure of Board records.
The purpose of this section is to advance th
and confidential investigations into alleged violations of the City of
staff shall not make public comments regarding a pending matter until the Board has made a final decision on the
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merits or until the matter is otherwise closed. The complaint may be released to the public. The complaint may be
redacted consistent with CVMC 2.28.090 (regarding requests for confidentiality). The Board may release its records
unless they fall within, but not limited to, the categories that follow:
A. Preliminary or draft memoranda, documents, or records not kept in the ordinary course of business.
B. Personnel, medical, or other similar files, the disclosure of which would constitute an unwarranted invasion of
personal privacy.
C. Documents or records protected under any law (state or federal) related to privilege.
D. Records exempt from disclosure under the California Public Records Act (Government Code Section 6250 et
seq.).
E. Documents or records where the public interest against disclosure outweighs the public interest served by
disclosure. Such documents may include, but are not limited to, the following:
1. The names of juvenile witnesses; or
2. Personal or otherwise private information related or unrelated to the investigation if the disclosure would
constitute an unwarranted invasion of privacy; or
3. The identity of a confidential source; or
4. Information, which, if disclosed, would create a credible risk of endangering any individual; or
5. Information, which, if disclosed, would endanger the successful completion of an investigation where the
prospect of enforcement proceedings is concrete and definite. (Ord. 3264 § 1, 2013).
2.28.170 Severability.
If any provision of this chapter, or the application of any such provision to any person or circumstance, shall be held
invalid, the remainder of this chapter to the extent it can be given effect, or the application of those provisions to
persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and to this end
the provisions of this chapter are severable. (Ord. 3264 § 1, 2013).
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Chapter 2.29
CHARTER REVIEW COMMISSION
2.29.010 Creation.
There is hereby created a Charter Review Commission. The provisions of Article VI of the City Charter, Chapter
2.25 CVMC and this chapter shall govern this Commission. (Ord. 3211 § 3, 2011; Ord. 2518 § 2, 1992; Ord. 2400 §
1, 1990).
2.29.020 Purpose and intent.
It is the purpose and intent of the City Council in establishing the Charter Review Commission to create an advisory
body to serve as a resource to advise and make recommendations to the City Council and the City Manager on
issues affecting the provisions of the City Charter. The Commission will review the organizational framework of
City government, work to identify language to amend the City Charter to clarify or improve the workings of the City
government, and recommend changes sufficiently in advance of elections to allow thoughtful City Council review
and determination of whether to place the matter on the ballot. (Ord. 3211 § 3, 2011; Ord. 2518 § 2, 1992; Ord. 2400
§ 1, 1990).
2.29.030 Functions and duties.
The functions and duties of the Charter Review Commission shall be as follows:
A. Constitute a forum for City-wide discussions, research and analysis of matters relating to current or proposed
provisions of the City Charter, and amendments thereto.
B. Help coordinate citizen and staff ideas with regard to potential Charter changes.
C. Formulate specific language for proposed Charter changes to be submitted to the City Council in a form
appropriate for placement on the ballot at an election wherein the proposed Charter changes can be submitted to the
electorate.
D. Provide analyses and reports to the City Council in connection with said recommendations.
E. Prepare and submit proposed ballot arguments in favor of or against proposed Charter changes. (Ord. 3211 § 3,
2011; Ord. 2518 § 2, 1992; Ord. 2400 § 1, 1990).
2.29.040 Membership.
The Commission shall consist of seven voting members, to be appointed in accordance with Article VI of the City
Charter and Chapter 2.25 CVMC. (Ord. 3211 § 3, 2011; Ord. 2518 § 2, 1992; Ord. 2400 § 1, 1990).
2.29.050 Meeting frequency and schedule.
A. Regular Meetings. at least one regular meeting per year, at the
day, time, and location established by written resolution of the Commission.The Commission shall hold regular
meetings at least once per year, on the date and at the time as called by the chair or a majority of the Commission,
Additional meetings may be held as called by the chair or a majority of the Commission. in the Community Room,
located in the Chula Vista Police Department at 315 Fourth Avenue.
B. Pre-Election Meetings. The Commission shall meet no later than the first Wednesday of the seventh month
preceding the next regularly scheduled municipal election, at which time the Commission shall assign duties to its
members as may be necessary; and consider agenda issues for further deliberation and discussion by the
Commission. If a pre-
.
C. The Commission may change its regular meeting day, time or location by written resolution in accordance with
CVMC 2.25.200. (Ord. 3211 § 3, 2011; Ord. 2518 § 2, 1992; Ord. 2400 § 1, 1990).
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Chapter 2.31
MOBILEHOME RENT REVIEW COMMISSION
2.31.010 Creation.
There is hereby created a Mobilehome Rent Review Commission. The provisions of Article VI of the City Charter,
Chapter 2.25 CVMC and this chapter shall govern this Commission. (Ord. 3211 § 5, 2011; Ord. 2451 § 1, 1991).
2.31.020 Purpose and intent.
It is the purpose and intent of the City Council, in establishing the Commission, to create an advisory body to
provide an independent review of the disputes over rent increases in mobilehome parks within the City of Chula
Vista under Chapter 9.50 CVMC. (Ord. 3211 § 5, 2011; Ord. 2451 § 1, 1991).
2.31.030 Functions and duties.
The functions and duties of the Commission shall be as follows:
park
rent disputes.
B. Adopt rules and regulations to procedurally administer hearings under Chapter 9.50 CVMC to determine whether
owner
C. Consult with and provide advice to the City Council and City Manager on matters relating to mobilehome parks.
(Ord. 3211 § 5, 2011; Ord. 2451 § 1, 1991).
2.31.040 Membership.
A. The Commission shall consist of five voting members and up to two ex officio members, to be appointed in
accordance with Article VI of the City Charter, CVMC 2.25.050(G), and this chapter.
B. The members shall be appointed in accordance with subsection (A) of this section and as follows:
1. No member shall own or be a tenant in a mobilehome park.
2. One ex officio member shall be a tenant in a mobilehome park within the City at the time of appointment and
3. One ex officio member shall be an owner of a mobilehome park within the City at the time of appointment
1991).
2.31.050 Meeting schedulefrequency.
The meeting schedule shall include at least one regular meeting per quarter, at the day, time, and
location established by written resolution of the Commission.The Commission shall hold regular meetings quarterly
on the third Thursday of July, October, January, and April at 6:00 p.m. in the Council Chambers, located in Building
100 (City Hall) in the Civic Center at 276 Fourth Avenue. The Commission may change its regular meeting day,
time or location by written resolution in accordance with CVMC 2.25.200. (Ord. 3211 § 5, 2011; Ord. 2502 § 2,
1992; Ord. 2451 § 1, 1991).
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Chapter 2.32
SUSTAINABILITY COMMISSION*
* For provisions of the Environmental Quality Act of 1970 generally, see Public Resources Code 21000, et seq.; for
provisions authorizing attorney general intervention in matters of environmental concern, see Gov. Code § 12600, et seq.
Prior legislation: Prior code § 1.718, Ords. 1299 and 1310.
2.32.010 Creation.
The Resource Conservation Commission was created by ordinance in 1980; that Commission has been renamed the
CVMC and this chapter shall govern this Commission. (Ord. 3380 § 1, 2016; Ord. 3211 § 6, 2011; Ord. 3198 § 3,
2011; Ord. 1928 § 2, 1980).
2.32.020 Purpose and intent.
It is the purpose and intent of the City Council, in establishing the Commission, to create a broadly based
multifunctional comm
conservation, resource recovery, environmental sustainability, and other related fields as determined by the City
dvice to the other boards and commissions, the City Manager
3, 2011; Ord. 1928 § 2, 1980).
2.32.030 Statement of City goals and policies.
The goals and policies of the City that relate to the duties of the Sustainability Commission are:
A. Create and maintain sustainable conditions under which man and nature can exist in productive harmony to fulfill
the social and economic requirements of present and future generations;
B. Take all actions necessary to provide the people with clean air, land, and water, enjoyment of aesthetic, natural
and scenic qualities, and freedom from excessive noise;
C. Prevent the elimination of fish or wildlife species due to population intrusion, assist in assuring that these
populations do not drop below self-perpetuating levels, and preserve for future generations representations of
indigenous plant and animal communities;
D. Ensure that the long-term protection of the environment shall be the guiding criterion in decisions by the City;
E. Maximize the conservation and efficient utilization of nonrenewable energy resources, and encourage the
utilization of renewable energy sources;
F. Maximize the recovery, recycling and reuse of discarded resources and minimize waste generation through City
action and cooperation with other public agencies and private concerns;
G. Seek the fair treatment and meaningful involvement of all Chula Vista citizens with respect to the development,
implementation and enforcement of environmental laws, regulations and policies;
H. Minimize any conflict with any national, state, regional or local environmental goals. (Ord. 3380 § 1, 2016; Ord.
3211 § 6, 2011; Ord. 3198 § 3, 2011; Ord. 1928 § 2, 1980).
2.32.040 Functions and duties.
1. The effectiveness of proposed goals, policies, procedures and regulations of the City in accomplishing the
purpose, intent and goals of this chapter;
2. The extent to which the capital improvement program implements this chapter;
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B. The Commission may submit to the City staff, other boards or commissions, or the City Council
recommendations concerning existing or new goals, policies, procedures or regulations necessary to implement this
chapter;
C. The Commission may recognize individuals or groups in the community who have implemented notable
measures to foster the purpose, intent and goals of this chapter;
D. The Commission may hold hearings relating to any matter under investigation or in question before this
Commission;
E. With regard to energy and water conservation and resource recovery:
1. The Commission shall review and make a recommendation to the City Council for the disposition of appeals
regarding the administration of CVMC Title 20, Energy and Water Conservation, except those portions which
are within the scope of the Board of Appeals and Advisors and the Planning Commission.
2. The Commission shall review and make a recommendation to the City Council for the disposition of appeals
regarding the administration of Chapter 8.24 CVMC, Solid Waste and Litter, and Chapter 8.25 CVMC,
Recycling, except those portions which are within the scope of the Planning Commission. (Ord. 3380 § 1,
2016; Ord. 3211 § 6, 2011; Ord. 3198 § 3, 2011; Ord. 1928 § 2, 1980).
2.32.050 Administrative functions.
A. In the event that private funds or funds from other governmental agencies are made available for special projects,
surveys, educational programs or general program support, the City Manager is authorized, upon recommendation of
the Commission and approval of the Council, to enter into appropriate contracts for the utilization of such funds in
furtherance of the purpose and intent of, and the duties and functions of, the Commission.
B. The Sustainability Commission shall have no power or right to acquire any property for or on behalf of itself or
the City, nor shall it acquire or hold any money for itself or on behalf of the City. (Ord. 3380 § 1, 2016; Ord. 3211 §
6, 2011; Ord. 3198 § 3, 2011; Ord. 1928 § 2, 1980).
2.32.060 Membership.
The Sustainability Commission shall consist of seven members, to be appointed in accordance with Article VI of the
City Charter and Chapter 2.25 CVMC. (Ord. 3380 § 1, 2016; Ord. 3211 § 6, 2011).
2.32.070 Meeting schedule frequency.
The meeting schedule shall include at least one regular meeting per month, at the day, time, and
location established by written resolution of the Commission.The Commission shall hold its regular meetings on the
second Monday of each month at a place and time determined by resolution of the Commission. The Commission
may change its regular meeting day, time, or location by written resolution in accordance with CVMC 2.25.200.
(Ord. 3380 § 1, 2016; Ord. 3211 § 6, 2011).
2.32.090 Historical site permit process.
Repealed by Ord. 3198 £ 3, 2011. (Ord. 1928 § 2, 1980).
2.32.100 Implementation of sustainability commission functions in designated areas by Chula Vista
redevelopment corporation.
Repealed by Ord. 3153 £ 2 (Exh. B), 2010. (Ord. 3009 § 2, 2005).
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Chapter 2.33
CULTURAL ARTS COMMISSION
2.33.010 Creation.
There is hereby created a Cultural Arts Commission. The provisions of Article VI of the City Charter, Chapter 2.25
CVMC and this chapter shall govern this Commission. (Ord. 3211 § 7, 2011; Ord. 2403 § 1, 1990).
2.33.020 Purpose and intent.
It is the purpose and intent of the City Council in establishing the Cultural Arts Commission to create an advisory
body to serve as a resource to advise and make recommendations to the City Council and the City Manager on
cultural arts issues affecting the citizens of the City. The focused efforts of the Cultural Arts Commission will be to
identify cultural arts needs and issues.
The purpose of the Commission is to focus community energies and resources on developing a highly visible City
with a cultural arts personality and to develop, support, and nurture those ideas that expand and enrich arts and
cultural opportunities for the entire community. (Ord. 3211 § 7, 2011; Ord. 2403 § 1, 1990; Ord. 2362 § 1, 1990).
2.33.030 Functions and duties.
The functions and duties of the Cultural Arts Commission shall be as follows:
a Chula Vista
image in which our citizens could take pride and have increased stature.
B. Help coordinate and marshal support for the arts.
C. Encourage the provision of cultural and artistic facilities and features in public and commercial construction.
D. Formulate recommendations for a City arts program, including funding mechanisms, criteria for the selection and
placement of public art, procedures for review plans, and guidelines to carry out a City arts program.
E. Regularly assess, review and update recommended goals and long-range plans for the City; and regularly solicit
public input on the arts.
F. Encourage the development of arts and cultural programs for the youth of Chula Vista.
G. Promote the creation of a cultural environment to attract visitors and economic development. The Commission,
by having a definite focus and by demonstrating a high degree of commitment to the arts, can conduct strategic
long-range planning to help reach these goals.
F. The Commission may develop guidelines for consideration during the application and appointment processes for
new members, which may include relevant questions to be included on the application, recommended considerations
when making an appointment, and definitions of terms referenced in Section 2.33.040, related to the qualifications
of members. (Ord. 3393 § 1, 2016; Ord. 3211 § 7, 2011; Ord. 2403 § 1, 1990; Ord. 2362 § 1, 1990).
\[Rationale for above revisions: Duties added to account for revised Cultural Arts Commission
appointment process.\]
2.33.040 Membership.
The Cultural Arts Commission shall consist of nine voting members that represent a diversity of backgrounds, to be
appointed in accordance with Article VI of the City Charter, and Chapter 2.25 CVMC. Further, all nine members
shall demonstrate competence, knowledge and experience in cultural arts; and a minimum of six members shall be
appointed from among artists, educators, and those with professional qualifications and experience in disciplines of
arts and culture, including the performing arts, fine arts, culinary arts, media arts or related arts disciplines. (Ord.
3393 § 1, 2016; Ord. 3211 § 7, 2011; Ord. 2403 § 1, 1990; Ord. 2362 § 1, 1990).
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2.33.050 Meeting frequency schedule.
The meeting schedule shall include at least one regular meeting per month, at the day, time, and
location established by written resolution of the Commission.As required by the City Charter the Commission shall
hold regular meetings and shall establish the day, time and location for its regular meeting in accordance with
CVMC 2.25.200. (Ord. 3393 § 1, 2016; Ord. 3211 § 7, 2011; Ord. 2403 § 1, 1990; Ord. 2362 § 1, 1990).
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Chapter 2.35
HOUSING ADVISORY COMMISSION
2.35.010 Creation.
Pursuant to Section 34291 of the California Health and Safety Code, there is hereby created a Housing Advisory
Commission. The provisions of Article VI of the City Charter, Chapter 2.25 CVMC and this chapter shall govern
this Commission. (Ord. 3211 § 9, 2011; Ord. 2586 § 1, 1994).
2.35.020 Purpose and intent.
It is the purpose and intent of the City Council, in establishing the Commission, to create an advisory and
coordinating body which is to serve as a resource, to advise and to make recommendations to the Housing
Authority, Redevelopment Agency, City Council, and City Manager on housing issues and opportunities that would
benefit the community. (Ord. 3211 § 9, 2011; Ord. 2586 § 1, 1994).
2.35.030 Functions and duties.
The functions and duties of the Housing Advisory Commission shall be as follows:
A. Serve as an advisory body to the Housing Authority, City Council, Redevelopment Agency, and City Manager.
B. Periodically assess the housing needs of the residents of Chula Vista and review housing policies and strategies,
including the Housing Element of the General Plan, the Comprehensive Housing Affordability Strategy, and the
Redevelopment Agency Housing Plan; and to make recommendations to improve said plans to address identified
community housing needs.
C. Review and make recommendations on all matters to come before the housing authority, except emergency
matters and matters which the housing authority, by resolution, excludes from its review.
D. Review all proposed affordable housing projects to be assisted with public funds or incentives and make
recommendations concerning said projects.
development agreements and make recommendations concerning said projects.
F. Review ongoing housing programs of the Housing Authority, City, and Redevelopment Agency and make
recommendations for improvement thereof, including efforts to publicize the availability of housing opportunities to
City residents.
G. Perform such others functions or duties as may be delegated by the Housing Authority. (Ord. 3211 § 9, 2011;
Ord. 2586 § 1, 1994).
2.35.040 Membership.
A. The Housing Advisory Commission shall consist of seven voting members and up to two ex officio members, to
be appointed in accordance with Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter.
B. The voting members shall be appointed according to the following specifications:
Three members shall have expertise and experience in at least one of the following fields: lending, urban planning,
real estate development, and real estate brokerage; two members shall be appointed as representatives of tenants of
the Housing Authority, and shall, at the time of their appointments and throughout their terms, reside in assisted
housing or receive Section 8 rental housing assistance from the Housing Authority; one of these two members shall
be 62 years of age or older; and two members shall be residents of the City at large, and shall, throughout their
terms, maintain their residency and elector status. (Ord. 3211 § 9, 2011; Ord. 2586 § 1, 1994).
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2.35.050 Meeting schedule frequency.
The meeting schedule shall include at least one regular meeting per quarter, at the day, time, and
location established by written resolution of the Commission.The Commission shall hold regular meetings quarterly
on the fourth Wednesday of July, October, January, and April at 3:30 p.m., in the Council Conference Room (C-
101), located in Building 100 (City Hall) in the Civic Center at 276 Fourth Avenue. The Commission may change its
regular meeting day, time or location by written resolution in accordance with CVMC 2.25.200. (Ord. 3211 § 9,
2011; Ord. 2586 § 1, 1994).
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Chapter 2.36
HUMAN RELATIONS COMMISSION*
* For statutory authority for cities to act on behalf of interracial, interethnic and interreligious peace, see Gov. Code § 50261,
et seq.
2.36.010 Creation.
There is created a Human Relations Commission. The provisions of Article VI of the City Charter, Chapter 2.25
CVMC and this chapter shall govern this Commission. (Ord. 3405 § 1, 2017; Ord. 3211 § 10, 2011; Ord. 1857 § 1,
1979; Ord. 1120 § 1, 1968; prior code § 1.4.2).
2.36.020 Purpose and intent.
A. It is the purpose and intent of the City Council to redefine and broaden the duties and functions of the Human
Relations Commission as an advisory body, to make recommendations and offer advice to the Mayor, City Council
and the City Manager on the rights of every inhabitant of the City of Chula Vista and in the improvement and
effectiveness of the interrelationships between the various groups based on race, religion, color, ancestry,
socioeconomic, age, sex (including gender identity, gender expression, transgender, pregnancy and breastfeeding),
sexual orientation, place of birth, citizenship/immigration status, marital status, military service, disability, medical
condition, genetic characteristics or information, or any other characteristic protected by federal, state, or local laws
of citizens forming the social body of the City and to advise the City on how it may best proceed in the realization of
its stated goals to support a healthy community, strong and secure neighborhoods and a connected community as it
seeks to promote ways in which the community welcomes and embraces its diversity and safeguards equal
opportunity for everyone and to accomplish, among other things:
1. The development of a mutual understanding and respect among all such groups in the City and to help
eliminate prejudice and discrimination;
2. The establishment and maintenance of contacts with groups in the community which are concerned with
protection of civil liberties of all people, resolution of conflict, and interracial and intercultural understanding,
and to report to the Mayor, City Council and City Manager regarding the activities of these groups;
3. The promotion of new and improved programs of services to all local citizens in cooperation with peer
boards and commissions as well as the City Manager to increase intergroup relations and harmony;
4. The encouragement of citizen participation in local government by providing a forum for discussion as a
means of resolving community relationship problems;
5. The protection and strengthening of the rights of all groups to ensure the enjoyment of their constitutional
privileges and the elimination thereby of prejudice, discrimination or bigotry in this community;
6. The advancement of programs to assist senior citizens in the realization and satisfaction of their needs and
other social concerns;
7. The encouragement of policies and programs to fully integrate persons with disabilities into the mainstream
of community life in the City;
8. The encouragement of the Mayor, City Council, City Manager and all officers, agencies, boards,
departments, and employees of the City of Chula Vista to take steps to enhance peace and good order, and
provide equal opportunity for and good will toward all people;
9. Prepare a written report of its activities to the Mayor, City Council, and City Manager annually to include
summaries of recommendation for development of policies, procedures and legislation deemed to be necessary.
B. It is the intent of the City Council to create healthy, enlightened attitudes, policies and practices by establishing
this Commission as an official body, not primarily as an enforcement or audit agency, but as a commission which
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will conduct careful surveys, advise intelligently, and use the tools of education and motivation to the realization of
guarantees. (Ord. 3405 § 1, 2017; Ord. 3211 § 10, 2011; Ord. 2543 § 1, 1993; Ord. 1909 § 1, 1980; Ord. 1857 § 1,
1979; Ord. 1120 § 1, 1968; prior code § 1.4.1).
2.36.030 Functions and duties.
dvisory Board, the Human
Relations Commission shall perform the following duties and functions:
A. Foster mutual understanding, respect and good will among all groups identified in CVMC 2.36.020(A);
B. The first duty of the Commission shall be to assist the City, by completing all required steps, to become a
Certified Welcoming City;
C. Enlist the cooperation of the various groups, fraternal and benevolent associations and other groups in Chula
Vista in programs and campaigns devoted to eliminating group prejudice, intolerance, bigotry and discrimination;
D. Study the problems in the event of civil unrest and examine the causes;
E. Study, review, analyze, and report to the Mayor, City Council and the City Manager the studies of state and
federal agencies, and legislative enactments of state and federal governments, including but not limited to the
several civil rights acts of the United States government and the state;
F. Work together with City, state and federal agencies in developing programs and events showing the contributions
of the various groups to the culture and traditions of the City, state and nation;
G. Promote the establishment of local community organizations in building and strengthening relationships with
community groups and nonprofits;
H. Wo
as stated in CVMC 2.36.020(A);
I. Advise the City Council and the City Manager of policies and programs of a formal and informal nature that will
aid in eliminating all types of discrimination based on race, religion, color, creed, national origin, ancestry, age,
gender, sexual orientation, disability, medical condition, place of birth, citizenship/immigration status, marital status,
or military service, and secure the furnishing of equal services to all residents and maintain the quality of
opportunity for employment and advancement in the City government.
The Commission shall be advisory in its function, and shall have no police or enforcement powers. It shall issue no
reports or recommendations except through the City Council and the City Manager. (Ord. 3405 § 1, 2017; Ord. 3211
§ 10, 2011; Ord. 2543 § 2, 1993; Ord. 1909 § 2, 1980; Ord. 1857 § 1, 1979; Ord. 1120 § 1, 1968; prior code § 1.4.3).
2.36.040 Membership.
A. The Human Relations Commission shall consist of 11 members, to be appointed in accordance with Article VI of
the City Charter, Chapter 2.25 CVMC, and this chapter.
B. The members shall be: (1) representative of the diversity of the City; (2) specifically chosen to reflect the
committed to fostering better human relations in the City of Chula Vista; and (4) associated with the business and/or
civic activities of the City. (Ord. 3405 § 1, 2017; Ord. 3211 § 10, 2011).
2.36.050 Funding.
In the event that private funds or funds from other governmental agencies are made available for special projects,
surveys, educational programs or general program support, the City Manager is authorized, upon recommendation of
the Commission and approval of the Council, to enter into appropriate contracts for the utilization of such funds in
furtherance of the purposes and intent of, and the duties and functions of, the Commission. (Ord. 3405 § 1, 2017;
Ord. 3211 § 10, 2011; Ord. 1857 § 1, 1979; Ord. 1120 § 1, 1968; prior code § 1.4.4).
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2.36.060 Meeting frequency.
The meeting schedule shall include at least one regular meeting per month, at the day, time, and
location established by written resolution of the Commission.
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Chapter 2.37
COMMISSION ON AGING*
* Prior legislation: Ord. 2105.
2.37.010 Creation.
There is hereby created a Commission on Aging. The provisions of Article VI of the City Charter, Chapter 2.25
CVMC and this chapter shall govern this Commission. (Ord. 3211 § 11, 2011; Ord. 2016 § 1, 1982).
2.37.020 Purpose and intent.
A. It is the purpose and intent of the City Council to establish the Commission on Aging to make recommendations
and advise the City Council and the City Manager on all matters affecting the older residents of the City, who
constitute nearly 16 percent of the population of the City.
B. It is the intent of the City Council to create healthy, enlightened attitudes, policies and practices by establishing
this Commission as an official body, not as an enforcement or reviewing agency, but as a commission that will
carefully survey, intelligently plan and use the tools of education and motivation to the realization of the objectives
stated in this chapter. (Ord. 3211 § 11, 2011; Ord. 2016 § 1, 1982).
2.37.030 Functions and duties.
A. The Commission shall undertake investigations and studies for the purpose of making recommendations to the
City Council concerning, but not limited to, the following:
1. Social service and/or human service programs and facilities;
2. Leisure time activities and recreational and social programs;
3. Development of part-time employment opportunities;
4. Programs for the understanding of the problems of senior citizens.
B. In addition to investigative research activities, the Commission on Aging is specifically charged with a
responsibility to:
1. Take such steps as are necessary based upon their analysis of the current situation to develop a mutual
understanding and respect between seniors and the balance of the community;
2. Promote new and improved programs of service to older residents in cooperation with peer boards and
commissions as well as the City Manager;
3. Review the effectiveness of programs presently being used and, when necessary, recommend modification,
redirection, and use of alternate or additional resources;
4. Work together with City, county, state and federal agencies in developing programs for the older residents;
5. Actively encourage local retirement clubs, churches and senior groups to exchange ideas on programs,
activities and social action which will benefit seniors and decrease their isolation from the community;
6. Promote intergenerational programs that will cause and result in an interchange of ideas and activities
between the elderly and the youth of our community;
7. Determine the extent of, and make recommendations with regard to, senior citizen involvement and
participation in the processes of government;
8. Provide a forum for senior citizens to bring specific problems;
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9. Periodically prepare comprehensive reports to the City
accomplishments and recommendations as to future efforts;
10. Establish a list of priorities on needs and programs and to advocate appropriate action by the City Council
in accordance with the list of needs and programs. (Ord. 3211 § 11, 2011; Ord. 2016 § 1, 1982).
2.37.040 Membership.
The Commission on Aging shall consist of seven members, to be appointed in accordance with Article VI of the
City Charter, Chapter 2.25 CVMC, and this chapter. The members shall be representative of the total racial,
religious, ethnic and social spectrum of the senior citizens. (Ord. 3211 § 11, 2011; Ord. 2016 § 1, 1982).
2.37.050 Meeting schedule frequency.
The meeting schedule shall include at least one regular meeting every two months, at the day, time,
and location established by written resolution of the Commission.The Commission shall hold regular meetings on
the second Wednesday of January, March, May, July, September, and November at 2:45 p.m. in Conference Room
C-106, located in Building 100 (City Hall) in the Civic Center at 276 Fourth Avenue. The Commission may change
its regular meeting day, time or location by written resolution in accordance with CVMC 2.25.200. (Ord. 3211 § 11,
2011).
2.37.060 Funding.
In the event that private funds or funds from other governmental agencies are made available for special projects,
surveys, educational programs or general program support, the City Manager is authorized, upon recommendation of
the Commission and approval of the City Council, to enter into appropriate contracts for the utilization of such funds
in furtherance of the purpose and intent and the duties and functions of the Commission. (Ord. 3211 § 11, 2011;
Ord. 2016 § 1, 1982).
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Chapter 2.38
INTERNATIONAL FRIENDSHIP COMMISSION
2.38.010 Creation.
There is created the International Friendship Commission. The provisions of Article VI of the City Charter, Chapter
2.25 CVMC and this chapter shall govern this Commission. (Ord. 3211 § 12, 2011; Ord. 2085 § 1, 1984; Ord. 1206
§ 1, 1969; prior code § 2.9).
2.38.020 Functions and duties.
The functions and duties of the International Friendship Commission shall be as follows:
A. Recommend to the City Council a city (or cities) in a foreign land or lands, with which, in its opinion, it would be
appropriate for the City of Chula Vista to carry on and promote cultural and economic interchange. Such city or
cities, when finally chosen by the City Council, may be referred to as a sister city;
B. Further the economic cooperation, cultural interchange and mutual understanding on the basis of mutual
friendship and amity between the City and such sister city or cities, as well as other foreign communities both local
and national wherein the City has economic and cultural interests;
C. Plan, develop and carry out mutual economic and cultural activities with the counterpart commission in the
foreign land or lands, and with the officials and citizens of such sister city or cities, and such other local and national
foreign communities. (Ord. 3211 § 12, 2011; Ord. 1206 § 1, 1969; prior code § 2.10).
2.38.030 Membership.
The International Friendship Commission shall consist of nine members, to be appointed by the City Council in
accordance with the provisions of Article VI of the City Charter and Chapter 2.25 CVMC. (Ord. 3211 § 12, 2011).
2.38.040 Meeting schedule frequency.
The meeting schedule shall include at least one regular meeting per month, at the day, time, and
location established by written resolution of the Commission.The International Friendship Commission shall hold
regular meetings on the third Wednesday of each month at 6:00 p.m. in the Civic Center library at 365 F Street. The
Commission may change its regular meeting day, time or location by written resolution in accordance with CVMC
2.25.200. (Ord. 3211 § 12, 2011; prior code § 2.12).
2.38.050 Recommendations subject to City Council approval.
After the International Friendship Commission has submitted to the City Council the name of an appropriate city or
cities in a foreign land or lands, the City Council shall have the power, upon receiving the recommendation of the
prior code § 2.13).
2.38.060 Authorized expenditures.
If sufficient funds are provided in the annual budget, the International Friendship Commission may expend funds for
the following purposes:
A. Visits or expenses incurred by reason of visits by official sister city dignitaries to the City.
C. Sister city student visitors.
D. Gifts for official representatives of sister cities.
E. Two receptions per year for all foreign exchange students in Chula Vista.
F. Other expenditures as may be approved by the City Council on a case-by-case basis. (Ord. 3211 § 12, 2011).
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Chapter 2.39
VETERANS ADVISORY COMMISSION
2.39.010 Creation.
There is hereby created a Veterans Advisory Commission. The provisions of Article VI of the City Charter, Chapter
2.25 CVMC and this chapter shall govern this Commission. (Ord. 3211 § 13, 2011; Ord. 2593 § 1, 1994).
2.39.020 Purpose and intent.
It is the purpose and intent of the Veterans Advisory Commission to serve as a resource to provide advice and make
recommendations to the City Council and the City Manager on issues affecting veterans and on matters with which
veterans have special areas of knowledge and expertise, and to serve as a focal point for mustering various segments
of the community to provide volunteers for various community-oriented projects. (Ord. 3211 § 13, 2011; Ord. 2593
§ 1, 1994).
2.39.030 Functions and duties.
The function and duties of the Veterans Advisory Commission shall be as follows:
A. Provide advice to the City Council on matters directly relating to veterans.
entitlement programs established by federal, state, or county legislation.
C. Promote and assist the City on Veterans Day or Memorial Day observations and other City military recognition
events.
D. Encourage and promote patriotism in the City, including support as available to military services recruitment
offices.
E. Provide a forum for discussion of issues relating to military veterans.
of a
community programs.
G. Provide advice regarding matters of protocol with which veterans are especially familiar, such as flag
presentation, color guard procedures and other military and paramilitary procedures; and promote interest in flag
etiquette and display and represent the City in providing notices of flag use violations.
H. Coordinate individual City recognition programs for active duty military and veteran residents of the City who
have achieved significant merit.
and dependents.
J. Formulate and develop a recommended City position and endorsement regarding proposed legislation affecting
veterans and military personnel.
K. Attend meetings of, and report on actions affecting the City taken by, the San Diego County Veterans Advisory
Council.
L. Study future needs of veterans, inclu
M. Provide various analyses and reports to the City Council. (Ord. 3211 § 13, 2011; Ord. 2593 § 1, 1994).
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2.39.040 Membership.
A. The Commission shall consist of seven voting members, to be appointed in accordance with Article VI of the
City Charter and Chapter 2.25 CVMC. (Ord. 3211 § 13, 2011; Ord. 2593 § 1, 1994).
2.39.050 Meeting schedule frequency.
The meeting schedule shall include at least one regular meeting per month, at the day, time, and
location established by written resolution of the Commission.The Commission shall hold regular meetings on the
third Tuesday of each month at 6:00 p.m., in the Chula Vista Veterans Home, located at 700 East Naples Court in
Chula Vista. No regular meeting shall be held in the month of December. The Commission may change its regular
meeting day, time or location by written resolution in accordance with CVMC 2.25.200. (Ord. 3211 § 13, 2011; Ord.
2593 § 1, 1994).
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Chapter 2.40
GROWTH MANAGEMENT
OVERSIGHT COMMISSION
2.40.010 Creation.
There is hereby created a Growth Management Oversight Commission. The provisions of Article VI of the City
Charter, Chapter 2.25 CVMC and this chapter shall govern this Commission. (Ord. 3211 § 14, 2011; Ord. 2447 § 1,
1991; Ord. 2129 § 1, 1985).
2.40.020 Purpose and intent.
It is the purpose and intent of the City Council in establishing the Growth Management Commission to create an
advisory body to provide an independent annual review of the effectiveness of the General Plan regarding
development issues. The Commission should use the threshold criteria to make determinations regarding the impact
findings. (Ord. 3211 § 14, 2011; Ord. 2447 § 1, 1991; Ord. 2129 § 1, 1985).
2.40.030 Functions and duties.
The functions and duties of the Growth Management Oversight Commission are as follows:
A. Consider the quality of life threshold standards set forth in the growth management plan (and, when adopted, in
the new growth management ordinance) and make determinations, or recommendations, as appropriate, regarding
the following:
1. Whether compliance with the thresholds has been met on both a project and cumulative basis;
2. Whether each threshold is appropriate for its goal;
3. Whether any new threshold should be adopted for any issue;
4. Whether any new issues should be added to or deleted from the thresholds analysis group;
5. Whether the City has been using fees and funds derived from developers for the intended purpose;
6. Whether enforcement is being achieved.
B. Annually, on or before June 30th, make and publish its findings and recommendations, including those for
thresholds.
Commission.
D. Annually review implementation of the Growth Management Element of the General Plan and the growth
management program. Such review shall include the adequacy of master facility plans to account for the effective
use of public facilities required by future growth in connection with the planning and phasing of development
projects. (Ord. 3211 § 14, 2011; Ord. 2447 § 1, 1991; Ord. 2129 § 1, 1985).
2.40.040 Membership.
A. The Commission shall consist of nine voting members and up to three ex officio members to be appointed in
accordance with Article VI, Chapter 2.25 CVMC, and this chapter.
B. The voting members shall be appointed as follows:
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1. Four of the members shall be appointed based on the City Council district in which they reside. This
classification of members shall be comprised of one resident from each of the four City Council districts. from
residential quadrants: (a) North of L Street/Telegraph
Canyon Road/Otay Lakes Road and west of La Media Road; (b) North of L Street/Telegraph Canyon
Road/Otay Lakes Road and east of La Media Road; (c) South of L Street/Telegraph Canyon Road/Otay Lakes
Road and west of La Media Road; and (d) South of L Street/Telegraph Canyon Road/Otay Lakes Road and east
of La Media Road. Those members shall reside in their respective areas City Council districts at the time of
their appointment and shall reside in their respective areas City Council districts for the duration of their
membership on the Commission.
\[Rationale for above revisions: Revision to align the seat boundaries with Council districts is in
accordance with a referral from the Council on 1/14/16.\]
2. One member shall represent local educational interests.
3. One member shall represent development interests.
4. One member shall represent environmental interests.
5. One member shall represent business interests.
6. One member shall be a member of the Planning Commission. (Ord. 3211 § 14, 2011; Ord. 2447 § 1, 1991;
Ord. 2129 § 1, 1985).
2.40.050 Meeting schedulefrequency.
The meeting schedule shall include at least two regular meetings per month, at the day, time, and
location established by written resolution of the Commission.The Commission shall hold regular meetings on the
first and third Thursdays of each month at 6:00 p.m. in the Executive Conference Room (C-103) in Building 100
(City Hall) of the Civic Center, located at 276 Fourth Avenue. The Commission may change its regular meeting day,
time or location by written resolution in accordance with CVMC 2.25.200. (Ord. 3211 § 14, 2011; Ord. 2447 § 1,
1991; Ord. 2129 § 1, 1985).
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Chapter 2.41
PARKS AND RECREATION COMMISSION
2.41.010 Creation.
The Parks and Recreation Commission is created by City Charter Section 611. The provisions of Article VI of the
City Charter, the general rules governing boards and commissions set forth in Chapter 2.25 CVMC, and the
provisions of this chapter shall govern the Parks and Recreation Commission. (Ord. 3212 § 9, 2011).
2.41.020 Purpose and intent.
The purpose of this chapter is to supplement City Charter Section 611, establishing the Parks and Recreation
Commission and setting forth its powers and duties. If there is any conflict between this chapter and the Charter, the
Charter shall govern. (Ord. 3212 § 9, 2011).
2.41.030 Functions and duties.
The Parks and Recreation Commission shall have the power and duty to:
A. Act in an advisory capacity to the City Council in all matters pertaining to parks, recreation and playgrounds.
B. Consider the annual budget for parks and recreation purposes during the process of its preparation and make
recommendations regarding the budget to the City Council and the City Manager.
C. Assist in the planning of a recreation program for the inhabitants of the City, promote and stimulate public
interest in a recreation program and, to that end, solicit to the fullest extent possible the cooperation of school
authorities and other public and private agencies interested in a recreation program. (Ord. 3212 § 9, 2011).
2.41.040 Membership.
A. The Parks and Recreation Commission shall consist of seven members appointed by the City Council from the
registered voters of the City. The City Council may change the number of members comprising the Commission by
ordinance.
B. In the event the City Council contracts with other agencies interested in recreation and parks for joint exercise of
any functions, the contract may provide that the other agencies may have representation on the Commission during
the term of the contract. (Ord. 3212 § 9, 2011).
2.41.050 Meeting schedule frequency.
The meeting schedule shall include at least one regular meeting every two months, at the day, time,
and location established by written resolution of the Commission.The Parks and Recreation Commission shall hold
regular meetings on the third Thursday of the month at 6:30 p.m., in Conference Room 129, in Building 300 (Public
Services), located in the Civic Center at 276 Fourth Avenue. The Board may change its regular meeting day, time or
location by written resolution in accordance with CVMC 2.25.200. (Ord. 3212 § 9, 2011).
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Chapter 2.42
PLANNING COMMISSION*
* For statutory provisions regarding local planning commissions, see Gov. Code § 65100, et seq.
CROSS REFERENCES: Community Planning Committee, see Ch. 2.48 CVMC; Zoning Administrator, see CVMC Title 19.
2.42.010 Creation.
The Planning Commission is created by City Charter Section 605. The provisions of Article VI of the City Charter,
Chapter 2.25 CVMC and this chapter shall govern this Commission. (Ord. 3211 § 15, 2011).
2.42.020 Functions and duties.
In accordance with Charter Section 606, the Planning Commission shall have the power and duty to:
A. Recommend to the City Council, after a public hearing, the adoption, amendment, or repeal of a Master Plan or
any part thereof for the physical development of the City; and
B. Exercise such functions with respect to land subdivisions, planning and zoning as may be prescribed by
ordinance. (Ord. 3211 § 15, 2011).
2.42.030 Membership.
In accordance with Charter Section 605, the Planning Commission shall consist of seven members to be appointed
by the City Council from the registered voters of the City. The number of members to comprise the Commission
may be changed by ordinance of the City Council; however, the number may be set at no fewer than five and no
more than nine.
A minimum of three members of the Planning Commission should be persons sensitive to design consideration and
interested in townscape matters. Persons qualified for these seats should include architects, landscape architects,
land planners, urban planners, civil engineers and other design professionals with suitable experience. (Ord. 3268 §
3, 2013; Ord. 3211 § 15, 2011).
2.42.040 Meeting frequency schedule.
The meeting schedule shall include at least two regular meetings per month, at the day, time, and
location established by written resolution of the Commission.The Planning Commission shall meet on the second
and fourth Wednesdays of the month at 6:00 p.m., in the Council Chambers located in Building 100 (City Hall) at
276 Fourth Avenue. The Commission may change its regular meeting day, time or location by written resolution in
accordance with CVMC 2.25.200. (Ord. 3211 § 15, 2011; prior code § 2.2).
2.42.050 Statutory provisions applicable.
Chapter 3, excepting only Article 4 thereof, and Chapter 4 of Title 7 of the Government Code of the state, relating to
conservation, planning, and zoning, are hereby adopted by and made applicable in and to the City, except insofar as
the same may conflict with the Charter or the provisions of Chapter 2.55 CVMC, in which case the provisions of the
Charter or Chapter 2.55 CVMC shall be controlling. (Ord. 3211 § 15, 2011; Ord. 3009 § 3, 2005; prior code § 2.1).
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Chapter 2.43
CIVIL SERVICE COMMISSION
2.43.010 Creation.
The Civil Service Commission is created by City Charter Section 609. The provisions of Article VI of the City
Charter, the general rules governing boards and commissions set forth in Chapter 2.25 CVMC, and this chapter shall
govern the Civil Service Commission. (Ord. 3212 § 1, 2011).
2.43.020 Purpose and intent.
The purpose of this chapter is to supplement City Charter Sections 609 and 610, establishing the Civil Service
Commission and setting forth its powers and duties. If there is any conflict between this chapter and the Charter, the
Charter shall govern. (Ord. 3212 § 1, 2011).
2.43.030 Functions and duties.
In accordance with City Charter Section 610, the Civil Service Commission shall:
A. After a public hearing, recommend to the City Council the adoption, amendment or repeal of civil service rules
and regulations not in conflict with Article VI of the City Charter.
B. Hear appeals of any person in the classified service relative to suspension, demotion or dismissal.
C. Conduct any investigation that it may consider desirable concerning the administration of personnel in the
municipal service and report its findings to the City Council.
D. Perform other duties and powers as the City Council may, by ordinance or resolution, confer upon the
Commission in order to carry out the principles of civil service in accordance with the laws of the state and the City
Charter, and assist in the implementation of proper employer-employee relations. (Ord. 3212 § 1, 2011).
2.43.040 Meeting frequency schedule.
The meeting schedule shall include at least one regular meeting per month, at the day, time, and
location established by written resolution of the Commission.The Commission shall hold regular meetings on the
first Thursday of each month at 5:15 p.m. in Conference Room B129, located in Building 300 (Public Services),
located in the Civic Center at 276 Fourth Avenue. The Commission may change its regular meeting day, time or
location by written resolution in accordance with CVMC 2.25.200. (Ord. 3212 § 1, 2011).
2.43.050 Membership.
In accordance with City Charter Section 609, the Civil Service Commission shall consist of five members appointed
by the City Council from the registered voters of the City. Two members shall be appointed by the City Council
from a list of four persons to be nominated by election of the employees in the Classified Service; two members
shall be appointed by the City Council directly, in accordance with Chapter 2.53 CVMC; the fifth member shall be
appointed by the City Council from a list of three persons nominated by the four thus appointed. The successor of
any member of the Commission shall be nominated and appointed in the same manner as such member was
nominated and appointed. (Ord. 3370 § 3, 2016; Ord. 3212 § 1, 2011).
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Chapter 2.44
SAFETY COMMISSION
2.44.010 Creation.
There is created and established the Safety Commission. The provisions of Article VI of the City Charter, Chapter
2.25 CVMC, and this chapter shall govern this Commission. (Ord. 3211 § 16, 2011; Ord. 1530 § 1, 1974; Ord. 1056
§ 1, 1967; prior code § 2.92).
2.44.020 Functions and duties.
The duties of the Safety Commission shall be to conceive and develop ideas or suggestions that would specifically
or generally contribute to the improvement of personal or property safety within the City area, receive and process
such ideas from any individual or groups of individuals, and after such suggestions have been given careful
consideration and study by members, both individually and collectively, make appropriate recommendations, by
resolution, to the City Council. All recommendations shall be considered and acted upon favorably or unfavorably.
The scope of the operations of the Commission may embrace any hazardous condition, whether it be physical or
material, that would jeopardize human safety, or cause damage to property both within and outside the home or
industry; provided, however, that the basic function of the Commission shall be related to matters of vehicular or
pedestrian traffic safety within the public rights-of-way in the City and safety hazards that may exist on or about
publicly owned land and facilities. (Ord. 3211 § 16, 2011; Ord. 1056 § 1, 1967; prior code § 2.93).
2.44.030 Membership.
The Safety Commission shall consist of seven members who shall be appointed in accordance with Article VI of the
City Charter and Chapter 2.25 CVMC. (Ord. 3211 § 16, 2011).
2.44.040 Meeting frequencyschedule.
The meeting schedule shall include at least one regular meeting per month, at the day, time, and
location established by written resolution of the Commission.The Safety Commission shall hold regular meetings on
the first Wednesday of each month at 6:00 p.m., in the Council Chambers, located in Building 100 (City Hall) in the
Civic Center at 276 Fourth Avenue. The Commission may establish regular meeting dates by written resolution and
may change its regular meeting day, time or location by written resolution in accordance with CVMC 2.25.200.
(Ord. 3211 § 16, 2011; Ord. 1056 § 1, 1967; prior code § 2.94).
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Chapter 2.45
BOARD OF LIBRARY TRUSTEES
2.45.010 Creation.
The Board of Library Trustees is created by City Charter Section 607. The provisions of Article VI of the City
Charter, the general rules governing boards and commissions set forth in Chapter 2.25 CVMC, and the provisions of
this chapter shall govern this Board. (Ord. 3212 § 2, 2011).
2.45.020 Purpose and intent.
The purpose of this chapter is to supplement City Charter Sections 607 and 608, establishing the Board of Library
Trustees and setting forth its powers and duties. If there is any conflict between this chapter and the Charter, the
Charter shall govern. (Ord. 3212 § 2, 2011).
2.45.030 Functions and duties.
In accordance with City Charter Section 608, the Board of Library Trustees shall have the power and duty to:
A. Act in an advisory capacity to the City Council in all matters pertaining to City libraries.
B. Recommend to the City Council the adoption of bylaws, rules and regulations the Board may deem necessary for
the administration and protection of City libraries. (Ord. 3212 § 2, 2011).
2.45.040 Membership.
The Board of Library Trustees shall consist of five members appointed by the City Council from the registered
voters of the City. The City Council may change the number of members comprising the Board by ordinance. (Ord.
3212 § 2, 2011).
2.45.050 Meeting frequencyschedule.
established by written resolution of the Board.The Board of Library Trustees shall hold regular meetings on the third
Wednesday of each month at 4:00 p.m. in the Conference Room located in the Civic Center Library at 365 F Street.
The Board may change its regular meeting day, time or location by written resolution in accordance with CVMC
2.25.200. (Ord. 3212 § 2, 2011).
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Chapter 2.47
HEALTHY CHULA VISTA ADVISORY COMMISSION*
which were repealed
by Ordinance 3268.
2.47.010 Creation.
The Healthy Chula Vista Advisory Commission was created as a result of the Healthy Chula Vista Action Plan
adopted January 5, 2016. The general rules governing boards and commissions set forth in Chapter 2.25 CVMC
shall govern the Healthy Chula Vista Advisory Board, except as specifically provided below. (Ord. 3364 § 1, 2016).
2.47.020 Purpose and intent.
It is the purpose and intent of the City Council, in establishing the Board, to create an advisory and coordinating
body which is to serve as a resource to advise and to make recommendations to the City Council and City Manager
on health related policies and opportunities under the Healthy Chula Vista Initiative that would benefit the
community. (Ord. 3364 § 1, 2016).
2.47.030 Functions and duties.
The functions and duties of the Healthy Chula Vista Advisory Commission shall be as follows:
A. Serve as an advisory body to the City Council and City Manager.
B. Periodically assess the health needs of the residents of Chula Vista and review health related policies and
strategies, including the General Plan and Healthy Chula Vista Action Plan, to make recommendations to improve
said plans to address identified community health needs.
C. Perform such others functions or duties as may be delegated by the City Council. (Ord. 3364 § 1, 2016).
2.47.040 Membership.
A. The Healthy Chula Vista Advisory Commission shall consist of nine voting members, to be appointed in
accordance with Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter.
B. The voting members shall be appointed according to the following specifications:
Five members shall have expertise and experience in at least one of the focus areas of the Healthy Chula Vista
Action Plan: land use, transportation, nutrition, health care, physical activity and/or environment; and the four
remaining seats shall include a resident from each of the four City Council districts developed by the Chula Vista
Districting Commission and approved by the Chula Vista City Council on July 14, 2015, and shall, throughout their
terms, maintain their residency and elector status. The aforementioned four members from each of the four Council
districts shall each be nominated by the Mayor after the Mayor consults with and receives a recommendation from
the Councilmember representing the Council district. (Ord. 3364 § 1, 2016).
2.47.050 Meeting schedule frequency.
location established by written resolution of the Commission.The Commission shall hold regular meetings monthly
on the second Thursday at 4:00 p.m., in the Council Conference Room (C-101), located in Building 100 (City Hall)
in the Civic Center at 276 Fourth Avenue. The Commission may change its regular meeting day, time or location by
written resolution in accordance with CVMC 2.25.200. (Ord. 3364 § 1, 2016).
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Chapter 2.49
HISTORIC PRESERVATION COMMISSION
2.49.010 Creation.
There is hereby created a Historic Preservation Commission. (Ord. 3197 § 3, 2011).
2.49.020 Purpose and intent.
It is the purpose and intent of the City Council in establishing the Historic Preservation Commission to create a
commission that meets the certified local government requirements, as defined by the national Historic Preservation
Act, which would serve as the authority on historic preservation matters, and that would advise the Council and
other City boards and commissions, as needed, on historic preservation matters as is mandated by CVMC Title 21,
Historic Preservation. (Ord. 3197 § 3, 2011).
2.49.030 Functions and duties.
The function and duties of the Historic Preservation Commission shall be as follows:
A. Uphold the goals and policies of the General Plan related to historic preservation.
B. Carry out the purpose and intent of CVMC Title 21, Historic Preservation.
C. Assist staff in the development and maintenance of a certified historic preservation program that carries out the
provisions of the certified local government program.
D. Ensure that appropriate historic contexts are identified and utilized for resource interpretation, evaluation, and
recognition.
E. Assist staff in the preparation and maintenance of a historical resources survey of recognized and potentially
historically and architecturally significant structures and areas.
F. Approve designations of historical resources to the City of Chula Vista Register of Historical Resources.
G. Recommend to City Council delistings from the City of Chula Vista Register of Historical Resources.
H. Grant or deny applications for permits for demolition, or major alterations of historical resources.
I. Grant or deny appeals from decisions of the Zoning Administrator for applications of minor alterations of
historical resources.
J. Encourage public understanding of and involvement in the unique historical, architectural, and environmental
heritage of the City through educational programs.
K. Explore means and support implementation strategies for the protection, retention and use of any historical
resource, historic preservation district, or potential historical resource.
L. Support the use of incentives and benefits for the protection, retention, and preservation of historical resources.
M. Make recommendations to City Council on applications for participation in City approved historic preservation
incentive programs including but not limited to the Mills Act Property Tax Abatement Program.
N. Encourage cooperation between public and private historical and cultural preservation groups.
O. Advise the City Council and other boards, commissions and committees as necessary on historic preservation
issues.
architectural past. (Ord. 3197 § 3, 2011).
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2.49.040 Membership.
The Historic Preservation Commission membership shall follow the provisions of CVMC 2.25.030 through
2.25.060 and shall consist of seven members to be appointed by the Mayor and confirmed by the City Council from
the qualified voters of the City in a manner prescribed in accordance with the provisions of Section 600 et seq. of the
City Charter. A minimum of four members shall be appointed from among professionals in the disciplines of
history, architecture, architectural history, planning, prehistoric archaeology, folklore, cultural anthropology,
curation, conservation, landscape architecture or related disciplines. In addition, at least one member should be a
California licensed real estate agent, and all seven members shall demonstrate an interest, competence or knowledge
in historic preservation. (Ord. 3197 § 3, 2011).
2.49.050 Term of office.
The members shall serve a term of office pursuant to City Charter Section 602 and CVMC 2.25.070 through
2.25.100. (Ord. 3197 § 3, 2011).
2.49.060 Operation of the commission.
Operation of the Historic Preservation Commission shall follow the provisions of CVMC 2.25.170 through
2.25.280.
A. Staff Support. All officers and department heads shall cooperate with, and render reasonable assistance to, the
Commission. The City Manager may make available staff and clerical support to the Commission to fulfill its
functions and duties, provided such staff and clerical support is available. (Ord. 3197 § 3, 2011).
2.49.070 Vacancies.
Vacancies of the Historic Preservation Commission shall follow the provisions of CVMC 2.25.290 and 2.25.300.
(Ord. 3197 § 3, 2011).
\[Rationale for above revisions: Simplify code sections; these provisions are already provided for
elsewhere in the code or in the Charter.\]
2.49.080 Meeting frequency.
The
location established by written resolution of the Commission.
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Chapter 2.53
APPOINTMENT PROCESS TO FILL VACANCIES ON THE CITY COUNCIL AND SPECIFIED
COMMISSIONS
2.53.010 Purpose and intent.
The purpose of this chapter is to set forth a fair and open appointment process to be used by the City Council to fill
vacancies (defined below) on specified City commissions (defined below) and to fill vacancies on the City Council
where such appointment is authorized by the Charter. (Ord. 3370 § 1, 2016).
2.53.020 Applicability.
This chapter applies to appointments to fill (A) any vacancy (defined below) on the City Council when the City
Council has elected to fill such vacancy by appointment as permitted under Charter Section 303(C); and (B) any
vacancy on specified City commissions (defined below). The appointment processes for seats on other City
commissions, where either nominations for vacancies are to be made by the Mayor or where alternative appointment
processes apply, are set forth elsewhere in this code, in the chapters and code provisions specifically applicable
thereto. (Ord. 3370 § 1, 2016).
2.53.030 Definitions.
e during which applications are accepted for a particular vacancy
(defined below). The application period for City Council vacancies is defined in CVMC 2.53.040(C). The
application period for specified City commission vacancies is defined in CVMC 2.53.050(B). Once established, the
themselves to the City Council, and the City Council questions and evaluates the applicants. Should an applicant be
unable to attend the scheduled interview, the Council may elect to consider a letter of interest or interview by other
means, such as telephone or video conference, in lieu of an in-person meeting.
components for an application to be deemed a qualified application.
Cultural Arts Commission, Growth Management Oversight Commission, Planning Commission, Parks and
Recreation Commission, and the two seats on the Civil Service Commission whose members are appointed by the
City Council directly.
1, 2016; Ord. 3370 § 1, 2016).
2.53.040 City Council vacancy appointments.
A. The process for filling a vacancy by appointment to the City Council is intended to be consistent with and
implementing of Chula Vista Charter Section 303(C). To the extent there is any conflict between the Charter and
this chapter, the terms of the Charter shall govern.
B. In the event of a City Council vacancy, the City Clerk will work with City staff to notify the public of the
C. The application period shall commence on a date established by the City Clerk no later than five calendar days
after the vacancy is declared by the City Council in accordance with Charter Section 303(A) and end on the day
falling 14 calendar days after the commencement date. An individual desiring to fill a vacancy must submit a
qualified application during the application period. The City Clerk will collect and provide all qualified applications
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received within the application period to the Mayor and each Councilmember no later than 72 hours prior to the
meeting scheduled for nominations or interviews. Such applications will be made available to the public at the same
time. Applications received after the established application period shall not be accepted. The Mayor and each
Councilmember shall independently review all forwarded qualified applications for the vacancy.
D. Should four or fewer qualified applications be received by the City Clerk within the application period, following
the close of the application period, the appointment process shall be as follows:
1. At an open meeting of the City Council, the Mayor and City Council shall collectively set a date and time to
hold an interview of all applicants who have submitted a qualified application during the specified application
period.
2. At the meeting set for interviews, any member of the public shall be afforded the opportunity to speak to the
item prior to commencement of the interview process.
3. The Mayor and City Council will then conduct the interviews.
4. Public comment will be solicited and allowed again after the interviews.
5. Following the interviews and any public comment, the Mayor and City Council shall publicly deliberate and
select one individual for each available position. The affirmative votes of at least three Councilmembers are
required for appointment.
E. Should five or more qualified applications be received by the City Clerk within the application period, following
the close of the application period, the appointment process shall be as follows:
1. The City Clerk shall place an item on the agenda of an open City Council meeting, indicating that
nominations by the City Councilmembers for interviews to fill the vacancy will take place. The vacancy and
the names of applicants who have submitted a qualified application during the application period will be listed.
2. At the meeting for nominations, any member of the public, including any individual submitting a qualified
application, shall be afforded the opportunity to speak to the nomination item.
3. Following the public comment period, the Mayor and each Councilmember will complete a form indicating
one or more applicants each wishes to nominate for an interview and provide the form to the City Clerk. The
forms submitted to the City Clerk shall be public record and retained on file in the office of the City Clerk.
4. The City Clerk shall then publicly announce each applicant receiving two or more nominations and indicate
5. The Mayor and City Council shall then collectively set a date and time to hold an open meeting of the City
Council for the purpose of interviewing each applicant who received two or more nominations.
6. At the meeting set for interviews, any member of the public shall be afforded the opportunity to speak to the
interview item prior to the commencement of the interview process.
7. The Mayor and City Council will then conduct the interviews.
8. Public comment will be solicited and allowed again after the interviews.
9. Following the interviews and any public comment, the Mayor and City Council shall publicly deliberate and
select one individual for each available position. The affirmative votes of at least three Councilmembers are
required for appointment. (Ord. 3370 § 1, 2016).
2.53.050 Specified City commission vacancy appointments.
The appointment process for filling vacancies on specified City commissions shall be consistent with the process for
City Council appointments provided in CVMC 2.53.040, with the following exceptions:
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A. In the event of a vacancy, the City Clerk will follow current organizational best practices to notify the public of
the vacancy. Vacancies shall be noticed and filled in accordance with the requirements of Government Code Section
54970 et seq. (Maddy Act). The City Clerk will maintain applications received for prospective membership on
specified City commissions for a period of one year from the date of applicationminimum of two years.
\[Rationale for above revisions: Revisions are consistent with the application period proposed for
the other boards and commissions.\]
Code Section 54972, the application period shall commence on the day twoone years prior to the date of vacancy
and end 30 days before the date of vacancy. In the event of an unscheduled vacancy, the application period shall
commence on the day two one years prior to the date of the notice of vacancy, in accordance with Government Code
Section 54974, and end a minimum of 21 days after such notice, on a date specified and noticed by the City Clerk.
In the event that fewer than three qualified applications are received during the application period, the application
period may be extended by the City Clerk for an additional 14 days. Applications received after the established
application period shall not be accepted. In the event that an applicant submits more than one qualified application
for a vacancy during the application period, the last qualified application for the vacancy received by the City Clerk
\[Rationale for above revisions: Revisions are consistent with the application period proposed
and any extensions.\]
C. No later than 72 hours prior to the meeting scheduled for nominations or interviewsWithin 10 business days of
the close of the application period, the City Clerk will provide the Mayor and each Councilmember with all qualified
applications received within the application period. Such applications will be made available to the public at the
same time. (Ord. 3370 § 1, 2016).
\[Rationale for above revisions: Revisions are consistent with section 2.53.040(C), above, as well
as the Brown Act.\]
D. Should four or fewer qualified applications be received by the City Clerk within the application period, the City
Clerk may independently poll the City Councilmembers for their availability and subsequently set a date and time to
hold interviews of all applicants who have submitted a qualified application during the specified application period.
\[Rationale for above revisions: Revisions are intended to streamline the appointment process.\]
2.53.060 California Public Records Act and Ralph M. Brown Act compliance.
Interviews and meetings that occur in accordance with this chapter shall comply with Government Code Sections
54950 through 54963 (Ralph M. Brown Act). Should written material be submitted, such material shall be made
available for public inspection, in accordance with Government Code Sections 6250 through 6276.48 (California
Public Records Act) and with the Ralph M. Brown Act. (Ord. 3370 § 1, 2016).
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City of Chula Vista Boards & Commissions
Cultural Arts Commission
MINUTES OF A REGULAR MEETING OF THE CULTURAL ARTS COMMISSION
OF THE CITY OF CHULA VISTA
February 12 2018 Civic Center
Building A
Conference Room C101
276 Fourth Avenue, Chula Vista 91910
CALL TO ORDER 6:00pm
ROLL CALL:
Present: Vice Chair Rodriguez; Commissioners; Daniels, Delgado, Gray, Maynard, Penunuri,
and Sywyj.
Absent: Chair Cazares and Commissioner Gore
CONSENT CALENDAR
1. Declaration of excused/unexcused absenteeism
C
January 8, 2018
Commissioner Gray
Commissioner Maynard
Commissioner Daniels
Commissioner Penunuri
2. Approval of minutes
January 8, 2018
The consent calendar was taken in one motion.
Motion was made by Commissioner Sywyj. seconded by Commissioner Daniels and
passed unanimously.
PUBLIC COMMENTS
NONE
INFO ITEM(S)
3. Presentation; Ali Shapiro, Youth Support Partner , Our Safe Place, South Bay Community
Services
Ali Shapiro of Our Safe Place, and LGBTQ drop-in center, provided an overview of the
facility and the services that they provide. Cultural Arts staff is working with Our Safe
Place staff on future collaborations including one with TranscenDANCE.
4. Presentation; Cat Corral, Co-Founder & Executive/Artistic Director, TranscenDANCE
Youth Arts Project
Due to illness, Ms. Corral was unable to present and the item was rescheduled to the March
th
12 meeting.
ACTION ITEM(S)
5. Review and Consideration of Cultural Arts Commission Criteria and Supplemental
Application Questions; Lynnette Tessitore, Cultural Arts Manager
Recommendation: That the Cultural Arts Commission assist staff in the development of
criteria and questions that would be used for consideration of
prospective Cultural Arts Commission members.
After review and discussion, motion was made by Commisisoner Gray to accept the
proposed prospective CAC Commissioner criteria and questions with the following
revisions: small reworking and movement of the order of a couple of questions, add what
the role of a CAC Commissioner is, add clarifying statement that there is additional
attendance and support of arts and culture outside of regularly scheduled meetings. In
additional
for those that apply. The motion was seconded by Commissioner Penunuri and
unanimously passed.
OTHER BUSINESS
6. Staff Comments
None
7. Chair Comments
Vice-Chair Rodriquez had no further comments
8. Commissioner Comments
Commissioner Sywyj shared information on the Voices of Our City Choir, a choir founded
by Jazz Musician Steph Johnson. This organization provides music access and advocacy to
the homeless community.
Commissioner Daniels stated that Globe for All (PVAG recipient) is looking into a second
location, possibly Hilltop Middle. Also the Shakespeare in Prisons Conference will be held
March 22-25 at the Old Globe. Registration is required and is $250. She also stated that
Old Globe will be hosting a Virtual Battle of Mariachis.
Commissioner Maynard shared information on the California Democratic Convention that
th
will be held at the San Diego Convention Center February 23-25. She stated she will be
there as part of the African American Caucus.
Commissioner Gray stated that Hilltop High will be hosting a MORP dance, and is looking
for an artist with notoriety to perform.
Meeting Adjourned at 7:33pm to a regularly scheduled meeting March 12, 2018.
Page 2 Cultural Arts Commission January 8, 2018