HomeMy WebLinkAboutAgenda Packet 2003/05/20
CITY COUNCIL AGENDA
May 20, 2003 6:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
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CllY OF
CHUlA VISfA
City Council City Manager
Patty Davis David D. Rowlands, Jr.
John McCann City Attorney
Jerry R. Rindone Ann Moore
Mary Salas City Clerk
Stephen C. Padilla, Mayor Susan Bigelow
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The City Council meets regularly on the first calendar Tuesday at 4:00 p.m.
and on the second, third and fourth calendar Tuesdays at 6:00 p.m.
Regular meetings may be viewed at 7:00 p.m. on Wednesdays on
Cox Cable Channel 24 or Chula Vista Cable Channel 68
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111 I
AGENDA
May 20, 2003 6:00 P.M.
CALL TO ORDER
ROLL CALL: Councilmembers Davis, McCann, Rindone, Salas, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
OATHS OF OFFICE: DONALD SNIDER AND MATT FLACH - BOARD OF
APPEALS AND ADVISORS
PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO JIM
THOMAS, RECREATION SUPERVISOR, COMMENDING HIM FOR HIS THIRTY-
FOUR YEARS OF DEDICATED SERVICE TO THE CITY, SURROUNDING
COMMUNITY, AND RECREATION PROFESSION
PRESENTATION BY CHUCK COLE, REPRESENTATIVE FROM ADVOCATION,
INC., OF A REPORT REGARDING THE MAY REVISE AND THE STATUS OF THE
STATE BUDGET PROCESS
CONSENT CALENDAR
(Items 1 through 12)
The Council will enact the staff recommendations regarding the following items
listed under the Consent Calendar by one motion, without discussion, unless a
Councilmember, a member of the public, or City staff requests that an item be
removed for discussion. If you wish to speak on one of these items, please fill out
a "Request to Speak"form (available in the lobby.) and submit it to the City Clerk
prior to the meeting. Items pulled from the Consent Calendar will be discussed
after Action Items. Items pulled by the public will be the first items of business.
1. WRITTEN COMMUNICATIONS
Letter of resignation fi.om Manual Soto, member of the Cultural Arts
Commission.
Staff recommendation: Council accept the resignation with regret and direct the
City Clerk to post immediately in accordance with the Maddy Act.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ESTABLISHING A 30 M.P.H. SPEED LIMIT ON OXFORD STREET, BETWEEN
BROADWAY AND THIRD AVENUE, AND AMENDING SCHEDULE X OF THE
REGISTER AS MAINTAINED BY THE OFFICE OF THE CITY ENGINEER
(SECOND READING AND ADOPTION)
3A.
Based on the provisions of California Vehicle Code Section 22358 and pursuant to
authority designated under Chula Vista Municipal Code Section 10.48.020, the City
Engineer has determined that, based on a Traffic Engineering Study, the speed limit on
Oxford Street between Broadway and Third Avenue should be decreased from the
existing posted 35 m.p.h, to 30 m.p.h. (Director of Engineering)
Staffrecommendation: Council place the ordinance on second reading for adoption.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING TITLE 15, CHAPTER 15.04 OF THE CHULA VISTA MUNICIPAL
CODE RELATING TO EXCAVATION, GRADING AND FILLS AS IT RELATES TO
IMPLEMENTATION OF THE MULTIPLE SPECIES CONSERVATION PROGRAM
SUBAREA PLAN (SECOND READING AND ADOPTION)
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 17 OF THE CHULA VISTA MUNICIPAL CODE TO
REPEAL SECTION 17.30 RELATING TO INTERIM COASTAL SAGE SCRUB
HABITAT LOSS PERMIT PROCESS, AND IN ITS PLACE, ADD THE OTAY
RANCH GRAZING FOR IMPLEMENTATION OF THE MULTIPLE SPECIES
CONSERVATION PROGRAM SUBAREA PLAN (SECOND READING AND
ADOPTION)
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 17 OF THE CHULA VISTA MUNICIPAL CODE TO ADD
SECTION 17.35 RELATING TO HABITAT LOSS AND INCiDENTAL TAKE FOR
IMPLEMENTATION OF THE MULTIPLE SPECIES CONSERVATION PROGRAM
SUBAREA PLAN (SECOND READING AND ADOPTION)
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AMENDMENTS TO THE SALT CREEK RANCH PLANNED
COMMUNITY DISTRICT REGULATIONS TO AMEND THE ZONING DISTRICTS
MAP AND PROPERTY DEVELOPMENT STANDARDS TO DELETE
NEIGHBORHOOD 13, CHANGE THE DESIGNATION OF NEIGHBORHOOD 9
FROM SFE TO SF1, AND REDUCE THE MINIMUM LOT SIZE OF
NEIGHBORHOOD 9 FROM 15,000 TO 10,000 SQUARE FEET (SECOND READING
AND ADOPTION)
The Multiple Species Conservation Program (MSCP) Subregional Plan is a
comprehensive, long-term habitat conservation planning program that addresses the
habitat needs of sensitive species through preservation of native vegetation communities
within southwestern San Diego County. The City of Chula Vista's Final MSCP Subarea
Plan has been prepared to implement the MSCP Subregional Plan within the City of
Chula Vista and will form the basis for issuance of federal and state incidental take
permits to the City of Chula Vista for 86 species covered by the City's Subarea Plan. The
Subarea Plan and associated implementing documents will establish a preserve of
approximately 5,000 acres which will be assembled over time and will also allow the
City to issue permits for development projects that may impact covered species.
(Director of Planning and Building)
Staff recommendation: Council place the ordinances on second reading for adoption.
Page 2 - Council Agenda 05/20/03
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 08-M (VILLAGE 6 - MCMILLIN OTAY
RANCH AND OTAY RANCH COMPANY) DECLARING THE RESULTS OF A
SPECIAL ELECTION IN IMPROVEMENT AREA NO. 1 OF SUCH COMMUNITY
FACILITIES DISTRICT
On March 25, 2003 the City Council initiated the change and modification proceedings
by the adoption of Resolution 2003-108. Adoption of this resolution concludes the formal
proceedings to change and modify the special tax rates for Improvement Area No. 1 of
Community Facilities District (CFD) 08-M. Special Taxes levied within the CFD will
fund perpetual operation and maintenance of slopes, medians and parkways and storm
water treatment facilities associated with Village 6. The City has retained the services of
MuniFinancial as special tax consultant and Best Best and Krieger LLP as legal counsel
to provide assistance during the proceedings. (Director of Engineering)
Staff recommendation: Council adopt the resolution.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT WITH MUNIFINANCIAL FOR APPORTIONMENT
SERVICES FOR CITY ASSESSMENT DISTRICTS FOR FISCAL YEARS 2003/2004
THROUGH 2005/2006, WITH PROVISION FOR TWO OPTIONAL ONE-YEAR
EXTENSIONS THROUGH FISCAL YEAR 2007/2008, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
The proposed agreement will retain the services of MuniFinancial to perform the re-
spreading of assessments for the City's Assessment Districts and to prepare the Annual
Collection Report to he submitted to the County for inclusion in the property tax bill.
The agreement is for a term of three years, with an option for two one-year extensions.
This action will ensure that the City's fiduciary responsibility to the bondholders is
fulfilled by providing required apportionment and collection services as delineated by the
Streets and Highways Code. (Director of Engineering)
Staffrecommendation: Council adopt the resolution.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2002/2003 POLICE BUDGET, AND
APPROPRIATING $135,000 FOR LIVESCAN SERVICES BASED UPON
UNANTICIPATED REVENUES (4/STHS VOTE REQUIRED)
The Police Department has recently experienced an increase in the number of requests for
Livescan service. The Livescan service fee may include a City fee, a Department of
Justice fee, as well as an FBI fee, depending on the need of the customer· The increased
volume in Livescan service necessitates an adjustment to the Police budget. (Chief of
Police)
Staff recommendation: Council adopt the resolution.
Page 3 - Council Agenda
05/20/03
10.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDiNG THE FISCAL YEAR 2003 PLANNING AND BUILDING
DEPARTMENT BUDGET BY TRANSFERRING $66,000 FROM THE SUPPLIES &
SERVICES EXPENDITURE CATEGORY TO THE CAPITAL EXPENDITURE
CATEGORY FOR THE PURCHASE OF THREE VEHICLES AND COMPUTERS
FOR THE CODE ENFORCEMENT PROGRAM
On April 9, 2003, the City Council identified improved code enfomement as one of the
City's top priorities. In response, the Fiscal Year 2004 proposed budget includes three
new staff for code enforcement to implement a proactive code enforcement program.
Council policy requires that Council approve transfers between expenditure categories of
more than $15,000. It is recommended that Council approve a transfer from supplies and
services to capital to purchase the vehicles and computers this year with budgetary
savings so that once new staff are approved and hired there will be no delay in beginning
desired field work. (Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS AND AWARDING CONTRACT FOR THE OTAY PARK
RENOVATION - NEW RESTROOM PROJECT, IN THE CITY OF CHULA VISTA
(PROJECT PR-240) TO HAR CONSTRUCTION INC., IN THE AMOUNT OF
$146,009.68
This project provides for improvement work within the existing Otay Park. The
improvement work to be done includes grading, excavation and compaction, demolition
of existing restroom, construction of a new ADA restroom with a storage facility and
ADA accessible walkways. (Director of Building and Park Construction)
Staff recommendation: Council adopt the resolution.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
REJECTING BIDS FOR LOS NII~OS AND GREG ROGERS PARKS - NEW
RESTROOM PROJECT IN THE CITY OF CHULA VISTA (PROJECT PR 214)
The Director of Building and Park Construction received sealed bids for this project on
April 16, 2003. The work consists of the deanolition of existing restrooms at Los Nifios
Park and Greg Rogers Park, and construction of new restrooms. (Director of Building
and Park Construction)
Staff recommendation: Council adopt the resolution.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
RATIFYING THE SUBMITTAL OF AN APPLICATION TO THE DEPARTMENT OF
CONSERVATION DIVISION OF RECYCLING (DOR) FOR $53,830 FOR LITTER
REDUCTION AND RECYCLING ACTIVITIES, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE ALL DOCUMENTS IN CONJUNCTION WITH
EXECUTING THE ACTIVITIES
Page 4 - Council Agenda
05/20/03
llA.
12.
The Beverage Container and Litter Reduction Act requires California businesses that sell
beverage containers in the State to collect a deposit from constaners when they purchase
drinks in containers under a gallon. Historically, the deposit fund has carried a large
annual surplus. The Act now requires the Department of Conservation - Division of
Recycling to make annual payments to local governments for litter reduction and
collection programs that encourage recycling. If the City does not accept the funds,
Chula Vista's portion will be returned to the State's beverage deposit fund. (Special
Operations Manager)
Staffrecommendation: Cotmcil adopt the resolution.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
TRANSFERRING $3,888,945 OF DEVELOPER CONTRIBUTION FROM THE
CAPITAL IMPROVEMENT FUND TO THE PARK ACQUISITION AND
DEVELOPMENT FUND; UNENCUMBER/NG $3,888,945 FROM CIP PROJECT PR-
238 (NEIGHBORHOOD PARK CONSTRUCTION - SUNBBOW DEVELOPMENT)
FROM THE CAPITAL IMPROVEMENT FUND; AND APPROPRIATING $3,420,117
FROM THE AVAILABLE BALANCE OF THE PARK ACQUISITION AND
DEVELOPMENT FUND; AND APPROPRIATING $866,125 FROM THE
AVAILABLE BALANCE OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT
FEE FUND TO CIP PROJECT PR-238 (TO BE RENAMED VETERANS PARK)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A DESIGN BUILD AGREEMENT WITH DOUGLAS E. BARNHART,
INC., FOR THE PROVISION OF SERVICES REQUIRED TO DESIGN AND
CONSTRUCT VETERANS PARK, LOCATED ALONG EAST PALOMAR
BETWEEN DAVIES DRIVE AND MEDICAL CENTER COURT IN EASTERN
CHULA VISTA, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
The City Council previously approved CIP project PR-238 and the Master Plan for
Veterans Park, which conceptually designed and provided for the construction of a
completed and fully functional park and recreation center. The project is ready to begin
the design phase. Adoption of the resolutions appropriates needed funds to design and
construct the project and award Douglas E. Bamhart, Inc. the design build agreement for
Veterans Park. (Director of Building and Park Construction)
Staffrecommendation: Council continue this item to the meeting of May 27, 2003.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT FOR .CONTRIBUTION OF FUNDS BY AND
BETWEEN THE CITY OF CHULA VISTA AND SAN DIEGO EXPRESSWAY, L.P.,
A CALIFORNIA LIMITED PARTNERSHIP, THROUGH CALIFORNIA
TRANSPORTATION VENTURES, INC., A CALIFORNIA CORPORATION, ITS
GENERAL PARTNER, AND APPROPRIATING $1,414,500 FROM THE INTERIM
STATE ROUTE 125 DEVELOPMENT IMPACT FEE FUND (4/5THS VOTE
REQUIRED, CONTINUED FROM THE MEETING OF MAY 13, 2003)
Page 5 - Council Agenda
05/20/03
Califomia Transportation Ventures, Inc. (CTV) and the Plaintiffs in the lawsuit involving
State Route 125 (SR-125) are interested in reaching a settlement. In conjunction
therewith, the City, the developers, and CTV have also been in discussion regarding a
local contribution toward the settlement. This item is an agreement between the City and
CTV concerning the use of Interim SR-125 Development Impact Fee monies to assist in
that endeavor. By so doing, the City will help assure the timely construction of the SR-
125 toll road facility, which is an integral part of our transportation system. (City
Manager)
Staffrecommendation: Council adopt the resolution.
ORAL COMMUNICATIONS
Persons speaking during Oral Communications may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law generalIy prohibits the Councd from taking action on any issue
not included on the agenda, but, if appropriate, the Council may schedule the
topic for future discussion or refer the matter to staff. Comments are limited to
three minutes.
PUBLIC HEARINGS
The following items have been advertised as public hearings as required by law.
If you wish to speak on any item, please fill out a "Request to Speak" form
(available in the lobby) and submit it to the City Clerk prior to the meeting.
13.
CONSIDERATION OF THE CHANGE AND MODIFICATION OF COMMUNITY
FACILITIES DISTRICT NO. 07-M, IMPROVEMENT AREA NO. 2
On April 15, 2003 the City Council initiated the Community Facilities District 07-M
(Eastlake - Woods, Vistas and Land Swap) (CFD 07-M) change and modification by the
adoption of Resolution 2003-149. Adoption of this resolution is the next step in the
formal proceedings to change and modify the special tax rates in CFD 07-M. The special
taxes levied in the CFD will fund perpetual operation and maintenance of slopes, medians
and parkways and storm water treatment facilities associated with the Eastlake Woods
and Vistas and the Land Swap parcel. The City has retained the services of
MuniFinancial as special tax consultant and Best Best and Krieger LLP as legal counsel
to provide assistance during the proceedings. (Director of Engineering)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
OF INTENTION TO CONSIDER CHANGES AND MODIFICATIONS TO
THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
AUTHORIZED TO BE LEVIED WITHIN IMPROVEMENT AREA NO. 2 OF
COMMUNITY FACILITIES DISTRICT NO. 07-M (EASTLAKE - WOODS,
VISTAS AND LAND SWAP)
Page 6 - Council Agenda
05~0~3
14.
CONSIDERATION OF APPROVAL OF THE ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 07-M, IMPROVEMENT AREA NO. 2
On April 15, 2003, the City Council initiated the Community Facilities District 07-M
(Eastlake - Woods, Vistas and Land Swap) (CFD 07-M) annexation proceedings by the
adoption of Resolutions 2003-150 and 2003-151. Adoption of the resolution is the next
step in the formal proceedings to annex territory to CFD 07-M, Improvement Area 2. The
special taxes levied in the CFD will fund perpetual operation and maintenance of slopes,
medians and parkways and storm water treatment facilities associated with the Eastlake
Woods and Vistas and the Land Swap parcel. The City has retained the services of
MuniFinancial as special tax consultant and Best Best and Krieger LLP as legal counsel
to provide assistance during the proceedings. (Director of Engineering)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF
TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 07-M
(EASTLAKE - WOODS, VISTAS AND LAND SWAP), AND
IMPROVEMENT AREA NO. 2
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
15. CITY MANAGER'S REPORTS
16. MAYOR'S REPORTS
17. COUNCIL COMMENTS
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by
noon on Wednesday following the Council Meeting at the City Clerk's office in
accordance with the Ralph 3~ Brown Act (Government Code 54957. 7).
18. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property:
San Diego Gas & Electric - Gas and Electricity Franchise
(Pertaining to Public Rights of Way throughout the City of Chula
Vista)
Agency negotiators: David Rowlands, Jr., Sid Morris, Michael Meacham, Glen
Googins
Negotiating Parties: City of Chula Vista, San Diego Gas & Electric
Under Negotiation: Price and Terms of Payment
Page 7 - Council Agenda 05/20/03
19.
20.
21.
22.
CONFERENCE WITH REAL PROPERTY
GOVERNMENT CODE SECTION 54956.8
Property:
NEGOTIATORS PURSUANT TO
Agency negotiator:
Negotiating Parties:
Under Negotiation: Price, Terms of Payment
CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c)
· Two Cases
Ken Jewish Community, 3510 Tennis Court Lane, Assessor's
Parcel No. 589-100-36-00
David D. Rowlands, Jr., Sid Morris
City of Chula Vista, Ken Jewish Community
OF
CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
· One Case
CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
City of Chula Vista v. Bamhart Contracting (CV Library); San Diego Superior
Court Case No. GIS 003859
ADJOURNMENT
to an Adjourned Regular Meeting on May 22, 2003 at 4:00 p.m. in the
Council Chambers, thence to a Regular Meeting of May 27, 2003, at 6:00
p.m. in the Council Chambers, and thence to an Adjourned Regular
Meeting on May 29, 2003 at the Corporation Yard at 1800 Maxwell Road
at 4:00 p.m.
Page 8 - Council Agenda
05/20/03
1047 Torrey Pines Road
Chula Vista, CA 91915
Phone/Fax: (619) 421-1576
Email: man-so @ sbcglobal.net
RECEIVED
13 A0:17
ClI¥ GLERWS OFFIC!
April 22, 2003
Ric Todd
Cultural Arts Coordinator
Chula Vista Public Library
Office of Cultural Arts
365 F. Street
Chula Vista, CA 91910
Dear Ric:
As 1 have decided to expand my career opportunities, it is with much gratefulness, that I
present this letter of resignation as commissioner on the Cultural Arts Commission.
1' have accepted a position with the American Heart Association, to be their Vice
President of Corporate Events in Los Angeles.
It has been a fortunate experience to be a part of this commission and be associated with
a group of talented and dedicated professionals that started out as strangers and now I
leave good friends.
I have enjoyed my time as commissioner and I take with me fond memories and
wonderful experiences. Though I leave the commission, my heart is with you and please
contact me if there is anything that I can do for you.
I wish the commission much success and wellness in its future endeavors. Gob bless you
all.
Manuel Soto
President
ORDINANCE NO.
ORDINANCE OF THE CITY COUN,,G~mF THE CITY OF
CHULA VISTA ESTABLISHI~_~_Ct~.~X'~ M.P.H. SPEED LIMIT
ON OXFORD STREET, BETVeB'E~ BROADWAY AND THIRD
AVENUE, AND AMENDING SCHEDULE X OF THE
REGISTER AS MAINTAINED BY THE OFFICE OF THE CITY
ENGINEER
WHEREAS, based on the provisions of California Vehicle Code Sections 22358 and
40803, and pursuant to authority under Chula Vista Municipal Code Section 10.48.020, the City
Engineer has determined that based on a Traffic Engineering Study, the speed limit on Oxford
Street between Broadway and Third Avenue should be decreased from the existing posted 35
MPH to 30 MPH.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
SECTION I: That Schedule X of a Register of Schedules maintained by the City Engineer as
provided in Section 10.48.020 of the Chula Vista Municipal Code, Established Speed Limits in
Certain Zones - Designated, is hereby amended to include the following changes:
Chula Vista Municipal Code Section 10.48.020 - SCHEDULE X
ESTABLISHED SPEED LIMITS 1N CERTAIN ZONES
Name of Street
Be~iunine At
.Ending At Proposed Speed Limit
Oxford Street Broadway Third Avenue 30 MPH
SECTION II: This ordinance shall take effect and be in fult force on the thirtieth day from and
after its adoption.
Presented by
Clifford Swanson
Engineering Director
Approved as to form by
re
City Attorney
ORDINANCE NO. , ~NX"X~0 ¢ ~ ~0~'~X''X
_ ,c, %%¥
AN ORDINANCE OF THE CITY OF CHUI,./~'~'STA AMENDING TITLE
15, CHAPTER 15.O4 OF THE CHUI~L"~ISTA MUNICIPAL CODE
RELATING TO EXCAVATION, GRADING AND FILLS AS IT RELATES
TO IMPLEMENTATION OF THE MSCP SUBAREA PLAN
WHEREAS, the Multiple Species Conservation Program (MSCP) Subregional
Plan was developed as a comprehensive, long-term habitat conservation plan which
addressed multiple species and the preservation of natural habitat within a 900 square mile
study area in smith San Diego County; and
WHEREAS, MSCP Subregional Plan contemplated that local jurisdictions,
including the City of Chula Vista ("City"), would participate in the MSCP Subregional
Plan and seek federal and state take authorization by adopting a subarea plan consistent
with the conservation strategies contained in the MSCP Subregional Plan; and
WHEREAS, the City prepared and submitted a Draft MSCP Subarea Plan to the
U.S. Fish and Wildlife Service and the City of San Diego in August, 1996, for inclusion in
the Draft MSCP Subregional Plan and for consideration by the lead agencies in their
environmental review of the Draft MSCP Subregional Plan; and
WHEREAS, as lead agencies for the Multiple Species Conservation Program
("MSCP") Subregional Plan, the U.S. Fish and Wildlife Service and the City of San Diego
prepared and certified a Final Environmental Impact Report/Environmental Impact
Statement for the Issuance of Take Authorizations for Threatened and Endangered Species
due to urban growth within the Multiple Species Conservation Program ("MSCP")
planning area ("Final EIR/EIS") in January, 1997 and adopted the Final MSCP
Subregional Plan in August, 1998; and
WHEREAS, as a responsible agency, the City of Chula Vista ("City") participated
in the preparation of the Final EIR/EIS through consultation and comment; and
WHEREAS, after the adoption of the MSCP Subregional Plan, the City, and the
U.S. Fish and Wildlife Service and the California Department of Fish and Game
(hereinafter referred to as the "Wildlife Agencies") further negotiated a number of aspects
of the 1996 Draft Subarea Plan, including but not limited to, the refinement of the
conditions of coverage for covered projects, the type and extent of protection for narrow
endemic species, the amount and type of public facilities and infrastructure to be allowed
in the Preserve, and an acceptable configuration for the university site adjacent to the
Preserve; and
WHEREAS, following a review by the Wildlife Agencies and public comment
period, the City issued a draft MSCP Subarea Plan dated September I 1, 2000, and a Draft
Implementing Agreement dated September 20, 2000, to the Wildlife Agencies and the
general public; and
WHEREAS, on September 22, 2000, the City submitted to the U.S. Fish and
Wildlife Service an application for a Section 10(a)(1)(B) permit for incidental take
pursuant to the U.S. Endangered Species Act of 1973, as amended, and submitted to the
California Department of Fish and Game an application for a take authorization permit
pursuant to Section 2835 of the California Endangered Species Act, with both applications
including the Draft MSCP Subarea Plan dated September 11, 2000, and a Draft
Implementing Agreement dated September 20, 2000; and
WHEREAS, the Planning Commission and the City Council set the time and place
for a joint heating on said project and notice of said heating, together with its purpose, was
given by its publication in a newspaper of general circulation in the City at least 10 days
prior to the heating; and
WHEREAS, the heating was held at the time and place as advertised on October
17, 2000, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission
and City Council; and
WHEREAS, approval of the MSCP Subregional Plan and adoption of the Chula
Vista MSCP Subarea Plan dated September 11, 2000 were discretionary actions covered
by the Final EIR/EIS, and therefore, as a responsible agency, the City had a more limited
role than does a lead agency under the California Environmental Quality Act ("CEQA");
and
WHEREAS, the City prepared an Addendum dated September 11, 2000, pursuant
to CEQA Guidelines section 15164 to fulfill the City's obligations as a responsible
agency; and
WHEREAS, the City issued Findings of Fact for each of the significant
environmental effects of implementing the Chula Vista MSCP Subarea Plan, dated
September 11, 2000, in conformance with the CEQA and the CEQA Guidelines, which
enabled the City to make full use of the Final E1R/EIS and the Addendum (CEQA
Guidelines, sections 15101, 15093 and 15096, subd. (h)); and
WHEREAS, the City considered the Final EIR/EIS prepared by the lead agency
together with the Chula Vista MSCP Subarea Plan dated September 11, 2000 and the Draft
Implementing Agreement dated September 20, 2000, and reached its own conclusion
about whether and how to approve the MSCP Subregional Plan and the Chula Vista
MSCP Subarea Plan dated September 11, 2000; and
WHEREAS, the City also prepared an MSCP Mitigation and Implementing
Agreement Monitoring Program For Biological Resources dated October t2, 2000, in
compliance with Public Resources Code section 2108 t.6, subd. (a)(1); and
WHEREAS, the City Council reviewed and considered the Final EIR/EIS prepared
and certified by the U.S. Fish and Wildlife Service and the City of San Diego in January,
1997, the Addendum to the Final EIR/EIS (October 2000), the Findings of Fact and
Statement of Overriding Considerations, and the MSCP Mitigation and Implementing
Agreement Monitoring Program for Biological Resources (October 2000) and found that
the documents were prepared in accordance with the requirements of CEQA, the CEQA
Guidelines, and the Environmental Review Procedures of the City of Chula Vista, and
also found that the Final E1P, JEIS (January 1997) and Addendum to the Final EIR/EIS
adequately addressed the environmental impacts of the MSCP Subregional Plan and the
Draft Chula Vista MSCP Subarea Plan, dated September l 1, 2000; and
WHEREAS, on October 17, 2000, the City Council approved the MSCP
Subregional Plan dated August, 1998, as the framework plan for the Chula Vista MSCP
Subarea Plan; conditionally adopted the MSCP Subarea Plan, dated September 11, 2000,
and the Mitigation and Implementing Agreement Monitoring Program for Biological
Resoumes dated October, 2000; and
WHEREAS, subsequent to the City Council conditional approval on October 17,
2000, the City decided to make further changes to the Draft MSCP Subarea Plan, dated
September 1 I, 2000, including but not limited to additional information not previously
available about the Quino checkerspot butterfly, a federally listed endangered species. The
City believed it was prudent to add coverage for the Quino checkerspot butterfly into the
draft MSCP Subarea Plan prior to the Subarea Plan and associated implementing
documents being published in the Federal Register; and
WHEREAS, since October 2000, changes to the Draft MSCP Subarea Plan have
been made as necessary to complete a final Draft MSCP Subarea Plan, including 1)
measures to provide coverage for the Quino checkerspot butterfly; 2) the preparation of
three implementing ordinances; 3) final revisions to the Implementing Agreement, 4)
conservation of additional lands not previously anticipated to be preserved; and 4) other
revisions to address unresolved issues including, but not limited to, changed
circumstances, wetlands, and funding for long term management; and
WHEREAS, the City determined that as part of the implementation of the MSCP
Subarea Plan, the City of Chula Vista General Plan would be amended to incorporate the
MSCP Subarea Plan as a separate element of the General Plan; and
WHEREAS, the City has prepared a Supplemental Environmental Impact Report
and Environmental Assessment (No. 03-0l) to address all of the changes to the revised
final Draft MSCP Subarea Plan; and
WHEREAS, on October 8, 2002, the City submitted a revised application to the
Wildlife Agencies for a Section 10(a)(1)(B) permit for incidental take pursuant to the U.S.
Endangered Species Act of 1973, as amended, and submitted to the California Department
of Fish and Game an application for a take authorization permit pursuant to Section 2835
of the California Endangered Species Act, with all of the required application materials
including the Draft. Supplemental EIR and EA, the revised Draft MSCP Subarea Plan, the
revised Draft Implementing Agreement, and Draft Implementing Ordinances (referred to
herein collectively as "implementing documents"); and
WHEREAS, on October 10, 2002 a Federal Register notice was published
commencing a 60-day public comment period on the Incidental Take Applications, Public
Review Draft MSCP Subarea Plan, dated October 2002, implementing documents and
associated environmental documents. A public notice was also published on October 11,
2002 announcing the availability of the Draft SE1R and EA to meet the requirements of
the California Environmental Quality Act; and
WHEREAS, public review of the Draft MSCP Subarea Plan and implementing
documents closed on December 9, 2002. 'The City received 12 letters of comment from
the public and has prepared responses to the comments and made changes to the Public
Review Draft MSCP Subarea Plan, dated October 2002 and implementing documents, and
has prepared a final City of Chula Vista MSCP Subarea Plan, dated February 2003, Draft
Implementing Agreement, dated February 2003; and final draft implementing ordinances;
and
WHEREAS, the Planning Commission set the time and place for a public hearing
on said project and notice of said heating, together with its purpose, was given by its
publication in a newspaper of general circulation in the City at least 10 days prior to the
hearing; and
WHEREAS, the hearing was held at the time and place as advertised on April 23,
2003 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission;
WHEREAS, the Planning Commission recommended to the City Council the
approval of the MSCP Subarea Plan and associated implementing documents; and
WHEREAS, the City Council set the time and place for a public heating on said
project and notice of said hearing, together with its purpose, was given by its publication
in a newspaper of general circulation in the City at least 10 days prior to the hearing; and
WHEREAS, the heating was held at the time and place as advertised on May 13,
2003 in the Council Chambers, 276 Fourth Avenue, before the City Council; and
WHEREAS, the conditional adoption of the Chula Vista MSCP Subarea Plan,
dated February 2003 and associated implementing ordinances will not constitute a binding
set of obligations on any public or private entity within the City of Chula Vista unless and
until 1) the U.S. Fish and Wildlife Service issues a biological opinion which affirms and is
consistent with the conservation strategies in the Chula Vista MSCP Subarea Plan, dated
February 2003 and the Draft Implementing Agreement, dated February 2003, 2) take
permits and its conditions are issued by both Wildlife Agencies that are consistent with the
Chula Vista MSCP Subarea Plan, dated February 2003, and Draft Implementing
Agreement, dated February 2003, and 3) the City and Wildlife Agencies approves and
executes the Implementing Agreement substantially in the form of the Implementing
Agreement, dated February 2003; and
WHEREAS, the City Council considered the Supplemental EIR and EA at its
hearing of May 13, 2003 and adopted the Chula Vista MSCP Subarea Plan (dated
February 2003) with said conditions; and
WHEREAS, implementation of the MSCP Subarea Plan adoption of three MSCP
Implementing Ordinances, including the Habitat Loss and Incidental Take Ordinance, the
Otay Ranch Grazing Ordinance and revisions to the Excavation, Grading and Fills
Ordinance. These ordinances will only take effect after issuance of the take permits and
the necessary timelines for ordinances pursuant to the City Charter have passed.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby
ordain as follows:
Section I. That Chapter 15.04 of the Chula Vista Municipal Code be and the same
is hereby amended to read as follows:
EXCAVATION, GRADING, CLEARING, GRUBBING AND FILLS~
Sections:
15.04.005
15.04.010
Purpose and intent of provisions.
Definitions.
15.04.015
15.04.017
15.04.020
15.04.025
t5.04.030
15.04.035
15.04.040
15.04.045
15.04.050
15.04.055
15.04.060
15.04.065
15.04.070
15.04.075
15.04.080
15.04.085
15.04.090
15.04.095
15.04.100
15.04.105
15.04.110
15.04.115
15.04.120
15.04.125
15.04.130
15.04.135
15.04.140
15.04.145
15.04.150
15.04.155
15.04.160
15.04.165
15.04.170
15.04.175
15.04.180
15.04.185
15.04.190
15.04.195
15.04.200
15.04.205
15.04.210
15.04.215
15.04.220
15.04.225
15.04.230
Permit required for all land development work and soil investigations.
Other Required Permits.
Compliance with conditions and specifications required-Deviations from standards
permitted when.
Provisions not to affect other code requirements.
Facilities within public rights-of-way-Assignment of costs.
Commencement and completion of work-Extension of time.
Slopes-Design requirements generally.
Building pads-Design requirements.
Embankment requirements-Soil engineer may be required.
Expansive soil grading requirements.
Landscaping and irrigation system.
Slopes-Tops and toes to be rounded.
Slopes-Blending into existing terrain.
Slopes-Horizontal slope rounding.
Preservation of existing monuments.
Work in conj unction with subdivision of property-Requirements generally.
Work in conjunction with subdivision of property-Standard land development
permit-Requirements.
Work in con]unction with subdivision of property-Contract for completion of
improvements-Requirements-Bonds.
Building construction-Land development permit required- Prerequisite to building
permit.
Damaged or disused public improvements-Notification- Corrective action required.
Public to be protected from hazards during construction-Fences and barricades
required when.
Safety precautions.
Fence specifications-Modification permitted when.
Noncompliance.
Modification of approved plans.
Responsibility of permittee-Compliance with plans and requirements.
Completion of work-Final reports.
Notification of completion.
Exemptions from applicability designated.
Contractor-Qualifications required.
Work to be performed by licensed contractor.
Inspection of land development work -Responsibility therefore.
Transfer of responsibility for approval.
Plans and reports to be prepared by engineers.
Private contract performance bond-Required when-Issuance conditions generally.
Private contract performance bond-Conditions-Notice of default-Contents-Effect.
Private contract performance bond-Principal or surety liable for cost of completing
work when.
Private contract performance bond-Liability of City for performance of certain work.
Private contract performance bond-Cash deposit accepted in lieu when-Default
correction procedure.
Private contract performance bond-Not required when.
Private contract performance bond-Required from certain contractors
when-Exception.
Private contract performance bond-Conditions-Compliance with certain terms and
provisions required.
Private contract performance bond-Method of estimating amount-Schedule.
Release of bonds/security.
City Engineer-Enforcement responsibility and permit issuance authority.
15.04.235
15.04.240
15.04.245
15.04.250
15.04.255
15.04.260
15.04.265
15.04.270
15.04.275
15.04.280
15.04.285
15.04.290
15.04.295
15.04.305
15.04 310
15.04.315
15.04.320
15.04.325
15.04.326
City Engineer-Powers and duties generally.
City Engineer-Authority to determine applicable fees.
City Engineer-Duty to consider certain recommendations and deny certain
applications.
City Engineer-Grounds for cancelling permit or amending plans.
Appeals-Authorized when-Determination authority.
Appeals-Time limit for filing-Form.
Permits-Applicafion-Procedure generally-Detail plan required.
Permits-Application-Detail plans and specifications required.
Permits-Issuance-Prerequisites and contents.
Investigations authorized and required when-Fee.
Agreement required for uncontrolled embankments-Additional specificafions.
Fees-Collection-Method of estimation-Verification-Payment required-Exemptions.
Fees-Schedule for computation.
Fees-To be doubled in certain cases-Effect of imposition.
Violations-Declared unlawful and public nuisance-Abatement authority.
Abatement of dangerous conditions.
Emergency abatement by City-Liability for costs.
Costs of abatement-Special assessment procedure-Statutory authority.
Conflicts.
15.04.005 Purpose and intent of provisions.
The purpose of this chapter is to establish minimum requirements for land development work to provide
for the issuance of permits and for the enforcement of the requirements. These provisions are supplementary
and additional to the subdivision and zoning regulations of this code and shall be read and construed as an
integral part of said regulations and the land development patterns and controls established thereby. It is the
intent of the City Council to protect life and property and promote the general welfare; enhance and improve
the physical envirmunent of the community; and preserve, subject to economic feasibility, the natural scenic
character of the city. In administering these provisions, the following goals should be respected:
Ensuring that future development of lands, particularly in the hilly areas of the city, occurs in the manner
most compatible with surrounding areas and so as to have the least adverse effect upon other persons or
lands, or upon the general public;
Ensuring that soil will not be stripped and removed fi:om lands in the more scenic parts of the city,
leaving the same bairen, unsightly, unproductive, and subject to erosion and the hazards of subsidence
and faulty drainage;
Encouraging the planning, design and development of building sites in such fashion as to provide the
maximum in safety and human enjoyment, while adapting development to and taking advantage of the
best use of the natural terrain;
Encouraging and directing special attention toward the retaining, insofar as practical, the natural
planting and a maximum number of existing trees.
Ensuring any impact to sensitive biological resources, as defined by Section 17.35.030 of the Chula
Vista Municipal Code, is consistent with the goals and policies of. the Chula Vista MSCP Subarea Plan.
(Ord. 1797 . 1 (part), 1978).
15.04.010 Definitions.
The following words and phrases, when used in this chapter, shall be construed as defined in this
section:
"Appurtenant structures" means rnan-made structures related to and necessitated by the proposed gradimg and
includes paved drainage ditches, inlet structures, lined channels, culverts, outlet structures and retaining walls·
"Building pad" means that portion of an embankment and/or excavation contained within an area bounded by a
line five feet outside the foundation footing.
"Building site" means that portion of an embankment and/or excavation containing the building pad(s) and
lying within an area bounded by the top of slopes and/or toe of slopes within the lot or parcel.
"Certify" or "certification" means a signed written statement that the specific inspection and tests which were
required have been performed and that the works comply with the applicable requirements of this chapter, the
plans, and the permit.
"Clearing" means the cutting of natural vegetation by any means, without disturbance to the soil and root
system.
"Clearing and Grubbing Permit" means a permit issued pursuant to this chapter that allows clearing and
grabbing that is not in association with other Land Development Work.
"Compaction" means densification of a soil or rock fill by mechanical or other acceptable procedures.
"Contractor" means a contractor licensed by the state to do work covered by this chapter. A contractor may be
authorized to act for a property owner in doing such work.
"Contract, private" means an agreement between a property owner and a qualified contractor to do land
development work.
"Embankment" or "ifil" means any act by which earth, sand, gravel, rock or any other material is deposited,
placed, pushed, dumped, pulled, transported or moved to a new !ocation and the condition resulting therefrom.
"Embankment, uncontrolled" means any embankment constructed as land development on which no soil
testing was performed or no compaction reports or other soil reports were prepared or submitted.
"Engineer, private" means a civil engineer registered by the state. A private engineer may be author/zed to act
for a property owner in doing work covered by this chapter.
"Engineering Geologist" means a certified engineering geologist, registered by the state, who is engaged in the
practice of applying geological principles and data to engineering problems dealing with naturally occurring
reck and soils for the purpose of assuring that geological factors are recognized and adequately interpreted in
engineermg practice.
"Erosion" means the process by which the ground surface is worn away by the action of water or wind·
"Excavation or cut" means any earth, sand, gravel, rock or any similar material which is cut into, dug, qUamed,
uncovered, removed, displaced, relocated or bulldozed by man, and the conditions resulting therefrom.
"Grade" means the elevation and cross-sections established for the finished surface. All grades shall be based
upon the official datum of the city.
"Grading" means any excavating or filling or combination thereof and shall include the land in its excavated or
filled conditions.
"Grubbing" means the removal of natural vet, etation by any means including removal of the root system.
"Land development permit" means a permit, issued pursuant to this chapter, to conduct Land Development
Work.. "Land Development Work" means making of excavations and embankments on private property and
the construction of slopes, drainage structures, fences and other facilities incidental thereto, where it is
necessary to safeguard life, limb, health, property and public welfare by regulating and controlling the design,
construction and quality of materials. Land development work also includes other associated grac[mg, and
clearing and/or grubbing conducted in preparation for such development.
"Landscape architect" means a landscape architect, registered by the state, who performs professional work in
physical land planning and integrated land development, including the design of landscape planting programs.
"Landscape manual" means the current "City of Chula Vista Landscape Manual" approved by resolution of the
City Council.
"Minor slope" means a slope fora feet or less in vertical dimension in either cut or fill, between single family
lots and not parallel to any roadway.
"Natural terrain" means the original contour ora site prior to any grading.
"Permittee" means any person to whom a permit is issued pursuant to this chapter.
"Property owner" means the owner, subdivider or developer of real property which will be benefited by the
proposed land development work.
"Property, public" means property owned in fee by the City, or dedicated for public use.
"Public improvement" means publicly owned construction, structures or facilities in the public right-of-way
designed for the public use, safety or general welfare.
"Public rights-of-way" means public easements or dedications for streets, alleys and/or other use.
"Rough grading" is the condition where the ground surface approximately conforms to the design grade,
generally within 0.5 feet.
"Slope" means the inclined exposed surface of a fill, excavation or natural terrain.
"Slope, natural" means the predominant slope or slopes of land in its original condition prior to any grading.
"Soil engineer" means a civil engineer registered by the state who submits evidence to the satisfaction of the
City Engineer that:
1. He is engaged in the practice of civil engineering and spends a majority of his time in the field of applied
soil mechanics and foundations engineering;
2. He has at least four years of responsible practical experience in the field of applied soil mechanics;
3. He is qualified to make the investigations and detenmnatiuns, render the reports and opinions and
perform the duties ora soil engineer as required by this chapter.
All persons meeting the qualifications set forth above shall be recognized by the City Engineer as qualified
to perform soil engineering under the provisions of this chapter.
"Soil, expansive" means any soil winch swells more than three percent when prepared and tested by a method
approved by the City Engineer.
"Subdivider" means a person, fern, cmpomtion, parmersbip or association who causes land to be divided into
one or more subdivisions for himself or others as defined by those sections of the Government Code known as
the Subdivision Map Act.
(Ord. 2128 . 1 (part), 1985; Ord. 1877 . 1, 1979; Ord. 1797 . 1 (part), 1978).
15.04.015 Permit required for all land development work and soil investigations.
No person, either as property owner, contractor, private engineer or otherwise, shall do or shall cause to
be done any land development work without first having obtained either a land development permit or clearing
and grabbing permit to do such work and having held a pre-grading or pre-cleating meeting if required by the
City Engineer, except as provided in Section 15.04.150 of this Chapter.
Soil investigations by a soils engineer or engineering geologist which involves ~'encinng or scarifying of
the natural terrain shall require a permit. A special investigation fee shall be paid prior to issuance of such
permit.
(Ord. 1797 . 1 (part), 1978).
15.04.017 Other Required Permits
Prior to the City's issuance ora land development permit or clearing and grabbing permit, the applicant
shall show compliance with a Habitat Loss and Incidental Take (HLIT) Permit issued pursuant to Chapter
I7.35 of the Chula Vista Municipal Code, for areas that contain sensitive biological resources, as defined by
Section 17.35.030 of the Chula Vista Municipal Code, and are within:
1) development areas outside of Covered Projects, as de£med by Section 17.35.030 of the Chula Vista
Municipal Code;
2) 75%-100% Conservation Areas, as defined by Section 17.35.030 of the Chula Vista Municipal
Code; or
3) 100%o Conservation Areas, as defined by Section 17.35.030 of the Chula Vista Municipal Code.
Prior to the City's issuance of a land development permit or clearing and grubbing permit for areas that
contain sensitive biological resources, as de£med by Section 17.35.030 of the Chula Vista Municipal Code, and
are within the development areas of Covered Projects, as de£med by Section 17.35.030 of the Chula Vista
Municipal Code, the applicant shall show compliance with all applicable pmvisious of previous project
entitlements issued by the City and with any applicable conditions of coverage listed in the Chula Vista MSCP
Subarea Plan, as determined by the Director of Planmng and Building or designee.
Prior to the City's issuance of a land development permit or clearing and grubbing permit for areas that will
result in Impacts to wetlands or to listed non-covered species, as defined by Section 17.35.030 of the Chula
Vista Municipal Code, the applicant shall obtain, and show compliance with, all applicable federal and/or state
permits.
15.04.020 Compliance with conditions and specifications required-Deviations from standards
permitted when.
Excopt as herein provided, all land development work shall be done in accordance with the conditions
of the required penmt, and shall conform to the approved plans, standard drawings, specifications, landscape
manual, subdivision manual, and general conditions as may be determined by the City Engineer to be
applicable to the work. Such documents are on file in the office of the City Engineer and shall be kept for
public distribution in accordance with fee schedules in said office. In connection with land development work,
deviations from the requirements of these standards may be permitted by the City Engineer based upon written
reports and recommendations by qualified and recognized authorities subject to review by the City. (Ord. 1797
· 1 (part), 1978).
15.04.025 Provisions not to affect other code requirements.
This chapter shall not affect the requirements of any other chapter of this code requiring permits, fees or
other charges, including those for sewer and services, or affect any provisions concerning the granting of
franchises. (Ord. 1797 . 1 (part), 1978).
15.04.030 Facilities within public rights-of-way-Assignment of costs.
The following provisions of this section shall apply unless provision is made by an agreement pursuant
to Sections 15.04.085 through 15.04.095 of this chapter:
The property owner shall pay the City for all the cost of placing, repairing, replacing or maintaining a
city-owned facility within a public right-of-way when the City's facility has been damaged or has failed
as a result of the construction or existence of the owner's land development work during the process of
such work.
B. The costs of placing, replacing or maintaining the city-owned facility shall include the cost of obtaining
a necessary alternate easement.
(Ord. 1797 . I (part), 1978).
15.04.035 Commencement and completion of work-Extension of time.
All land development work shall be executed in accordance with the provisions of this chapter and the
terms of the permit issued by the City Engineer. Once commenced, work shall be carried out diligently until
completed. Unless otherwise specified upon the permit, all work shall be completed within one hundred eighty
days from the date of issuance of the permit. The City Engineer may grant one extension of time for the
completion of the work. Such extension shall not exceed the original length of time designated on the permit.
(Ord. 1797 . I (part), 1978).
15.04.040 Slopes-Design requirements generally.
The inclination of each cut or fill surface resulting in a slope shall not be steeper than two horizontal to
one vertical except for nfinor slopes as herein defined.
All constructed minor slopes shall be designed for proper stability considering both geological and soil
properties. A minor slope may be constructed no steeper than one and one-half horizontal to one vertical
(1.5:1) contingent upon:
Submission of reports by both a soils engineer and a certified engineering geologist containing the
results of surface and subsurface exploration and analysis. These results should be sufficient for the soils
engineer and engineering geologist to certify that in their professional opinion the underlying bedrock
and soil supporting the slope have strength characteristics sufficient to provide a stable slope and will not
pose a danger to persons or property, and
B. The installation of an approved special slope planting program and irrigation system.
(Ord. 2128.2, 1985; Ord. 1797.1 (part), 1978).
15.04.045 Building pads-Design requirements.
All building pads and building sites shall drain to an approved drainage facility unless otherwise
approved by the City Engineer. (Ord. 1877 . 2 (part), 1979; Ord. 1797 . 1 (part), 1978).
15.04.050 Embankment requirements - Soil engineer may be required.
Unless otherwise specified on the permit, ail embankment for land development work shall be
compacted in conformance ~ith the provisions of the standard specifications. The permit may require
that an engineering geologist and/or soils engineer, as appropriate, be responsible for the inspection and
testing of the embankment work and inspection of excavations. The soils engineer and engineering
geologist, if one or both are required by the penrnit, shall file with the City Engineer reports as required
by Sections 15.04. I40 and 15.04.270B.
Where, in the opinion of the City Engineer, the construction of an uncontrolled embankment would not
be con~'ary to the public interest or welfare, a permit for such land development work may be issued in
accordance with Section 15.04.285. Plans for uncontrolled embankment shall be complete in all respects
except for soil analysis and compaction requirements. Uncontrolled embankment slopes shall not be
steeper than three horizontal to one vertical.
(Ord. 1877 .2 (part), 1979; Ord. 1797 . 1 (part), 1978).
15.04.055 Expansive soil grading requirements.
If, during the land development work, expansive soil is found within two feet in cut or three feet in fill
of the finished grade of any area intended or designed as the location for a building, the permittee shall cause
such expansive soil to be removed from such building area to a minimum depth of two feet in cut or three feet
in fill and replaced with non-expansive soil properly compacted; provided, however, the City Engineer may,
upon receipt of a report by a soils engineer certifying that he has investigated the property and recommending a
design or footings or floor slab or other procedure that in his opimon will alleviate any problem created by such
expansive soil, waive the requirement that such expansive soil be removed and replaced with non-expansive
soil. (Ord. 1797 . 1 (part), 1978).
15.04.060 Landscaping and irrigation system.
All cut and fill slopes shall be planted and irrigated in accordance with an approved plan. Said plan shall
be prepared in accordance with the city landscape manual and shall be approved by the City Landscape
Architect, and the Director of Plann/ng and Building or designee, as necessary. (Ord ~678 . 2, 1996; Ord 2128
.3, 1985; Ord 1797 . I (part), 1978).
15.04.065 Slopes-Tops and toes to be rounded.
The tops and toes of all major slopes in public view shall be rounded in accordance with the city
standard drawings. (Ord. 1797 . 1 (part), 1978).
15.04.070 Slopes-Blending into existing terrain.
All man-made slopes shall be blended into existing terrain to produce a natural-appearing transition from
the face of man-made slopes into nalx~ral ground. This blending shall be accomplished in accordance with City
of Chula Vista Standard Drawings. Undulating top and toe of slopes and variable slope ratios should be used to
achieve natural-appearing slopes. (Ord. 1797 . 1 (part), 1978).
15.04.075 Slopes-Horizontal slope rounding.
Rounding shall be accomplished in accordance with the City of Chula Vista Standard Drawings. (Ord.
1797 . 1 (part), 1978).
15.04.080 Preservation of existing monuments.
All existing survey monuments shall be shown on the grading plan. Evidence indicating that
arrangements have been made for the preservation and/or relocation of existing monuments shall be submitted
to the City Engineer prior to issuance of a land development permit. (Ord. 1797 . 1 (part), 1978.)
15.04.085 Work in conj unction with subdivision of property-Requirements generally.
A subdivider of land required to do land development work as the result or condifion of the approval of
the tentative map shall perform such work under one of the following procedures, as set forth in Sections
15.04.090 and 15.04.095. (Ord. 1797 . 1 (pmq:), 1978; Ord. 1596 . 1 (part), 1974; Ord. 1455 . 1 (part), 1973;
prior code 29.2.6 (part)).
15.04.090 Work in conjunction with subdivision of property-Standard land development
permit-Requirements.
Should the subdivider desire to do certain land development work prior to entering into contract with the
City to install and complete all subdivision and land development work, he may make application to do so
under a standard land development permit or clearing and grabbing permit, if the land development work is
limited to clearing and grabbing only. This application shall be accompanied by detailed plans and
specifications based upon the approved tentative map and in conformity with the provisions of Sections
15.04.017 and 15.04.040 through 15.04.075 of this chapter. A schedule and estimate based upon such plans
and specifications shall accompany the application. (Ord. 1797 . 1 (part), 1978).
15.04.095 Work in conjunction with subdivision of property-Contract for completion of
improvements-Requirements-Bonds.
Should the subdivider desire to do certain land development work in conjtmction and concurrently with
installation and cons~'uction of required public improvements, he may enter into a contract with the City
to make, install and complete all improvements and land developments in accordance with approved
plans and specifications.
Prior to any construction of improvements and/or land development work, the subdivider shall have
complied with and performed the following requirements:
Subdivider shall file with the City Clerk detailed plans and specifications (or statement that work
will be accomplished in accordance with standards and specifications of the city) approved by the
City Engineer for all public improvements and land development together with a detailed cost
estimate approved by the City Engineer and an esnmate of time reasonably necessary to comPlete
the same.
2. Subdivider shall enter into a contract with the City to make, install and complete within the t/me
fixed by the City Engineer but in no case more than two years from the date of execution of said
con~act, all improvements and land development in accordance with the approved plans, and shall
cause to be filed with the City Clerk a faithful performance bond payable to the City which shall
insure the performance of the contract and the completion of the improvements and land
development work. The subdivider shall additionally file with the City Clerk a labor and material
bond to inure to the benefit of those persons entitled to the protection of Part III, Title IV, Chapter
II of the Code of Civil Procedure. A cash deposit or letter of credit may be submitted in lieu of
bonds herein before described. Bonds and other forms of guarantee shall be in full conformity with
the requirements for subdivision guarantees as set fomh in the subdivision ordinance codified at
Title 18 of this code.
3. The bond or other guarantee shall be based on the City Engineer's estimate of the cost of the work
and in accordance with the following schedule:
Faithful performance bond:
Public improvements ............ 50% of cost estimate,
Land development .............. 50% of cost estimate;
Labor and material bond:
Public improvements ............ 50% of cost estimate,
Land development .............. 50% of cost estimate.
(Ord. 1797'.l(pa~),1978).
15.04.100 Building construction-Land development permit required-Prerequisite to building permit.
An owner of land desiffmg to do land development work incidental to and in connection with the
construction of a building or structure shall present an application and obtain a land development permit
or clearing and gmbbing permit. The City Engineer may require an on-site field inspection of the rough
grading phase of the work between representatives of the City's Engineering, Planning and BuilcFmg
Departments and the permittee, civil engineer, soils engineer, biologist, as defined by Section 17.35.030
of the Chula Vista Municipal Code, and engineering geologist, as appropriate, before the issuance of a
building permit. The permittee shall request a field inspection of the rough grading phase, if requked,
five working days prior to the inspection. The rough grading phase of the land development work
described on form PW-E-106B shall be completed prior to the issuance ora building permit except as
provided below. The City may suspend any building permit where it is found that land development
work is being done or has been done without a land development permit or clearing and grubbing permit
until a land development permit or clearing and grubbing permit is issued. The city may not cettify to
the completion of the building where land development work has been done until a land development
permit is obtained and certified as complete.
Notwithstanding any provisions to the contrary in Subsection A, walls which are designed and
constructed to retain ea~.h and are also integral portions of buildings may be constructed under building
permits concurrently with land development work within the project site.
(Ord. 2128 . 4, 1985; Ord. 1877 . 2 (part), 1979; Ord. 1797 . 1 (part), 1978).
15.04.105 Damaged or disused public improvements-Notification-Corrective action required.
The City Engineer shall notify the property nsvner of such damage or failure as set forth in Section
15.04.030. The City may withhold certification of the completion of a building or other permitted work where
a notice has been issued. (Ord. 1797 . 1 (part), 1978).
15.04.110 Public to be protected from hazards during construction-Fences and barricades required
when.
During the land development work, the contractor and owner shall take all necessary measures to
eliminate any hazard resulting fi.om the work to the public in its normal use of public property or right-of-way.
Any fences or barricades installed shall be substantially constructed and shall be properly maintained as long as
the hazard resulting from the work exists. (Ord. 1797 . 1 (part), 1978).
15.04.115 Safety precautions.
If at any stage of the work the City Engineer determines that further land development work as
authorized is likely to endanger any public or private property or result in the deposition of debris on any public
way or interfere with any existing drai~mge course, the City Engineer may require, as a condition to allowing
the work to be continued, that such reasonable safety precautions be taken as he cousiders advisable to avoid
such likelihood of danger. The permittee will be responsible for removing any silt and debris, deposited upon
adjacent and downstream public or private property, resulting fi.om his grading operations. Silt and debris shall
be removed and damage to adjacent and downstream property repaired, as directed by the City Engineer.
Erosion and siltation control nuty require temporary or permanent siltation basins, energy dissipators, or other
measm-es as field conditions warrant, whether or not such measures are a part of approved plans. (Ord. 1877
.2 (part), 1979; Ord. 1797 . I (part), 1978).
15.04.120 Fence specifications-Modification permitted when.
Where a slope is created adjacent to a public right-of-way or other publicly used property, and the top of
slope is within ten feet of the property line and the height of the slope is three feet or greater and steeper
than 4:1, a forty-eight inch high fence shall be erected between property line and the top of slope. The
design of said fence shall be approved by the City Engineer. Publicly used property is that property used
frequently by persons other than the residents.
B. The City Engineer may modify or delete the above requirements where it is evident that the land
development work will present no hazard to the adjacent property or public right-of-way.
(Ord. 1797 . 1 (part), 1978).
15.04.125 Noncompliance.
If, in the course of fulfilling his responsibility under this chapter, the private engineer, soils engineer or
biologist, as defined in Section 17.35.030 of the Chula Vista Municipal Code, finds that the work is not
being done in substantial conformance with this chapter or the plans approved by the City Engineer or in
accordance with accepted practices, he shall immediately notify the permittee, the person in charge of
the land development work, ~ind the City Engineer, in writing, on the nonconformity and of' the
corrective measures which should be taken.
In the event the work does not conform to the pemfit or the plans or specifications or any instructions of
the City Engineer, notice to comply shall be given in writing by the City Engineer to the petmittee. As
soon as practical after a notice to comply is given, the permittee or his contractor shall begin to make the
corrections.
If the City Engineer finds any existing conditions not as stated in the application, land development
permit, clearing and grubbing permit, or approved plans, he may refuse to approve work until approval is
obtained for a revised grading or clearing and grabbing plan which will conform to the existing
conditions.
.(Ord. 1797 .l(part),1978).
15.04.130 Modification of approved plans.
Modifications of the approved grading or clearing and gmbhing plan must be in writing and be approved
by the City Engineer and/or his designated representative. All necessary soils and geological reports
shall be submitted with any substantial proposal to modify the approved grading plan.
No land development work in connection with any proposed modifications shall be permitted without
the approval of the City Engineer and/or his designated representative.
(Ord. I797. l (part), 1978).
15.04.135 Responsibility of permittee-Compliance with plans and requirements.
All pernfits issued hereunder shall be presumed to include the provision that the permittee, tfis agent,
contractors and employees, shall carry oat the proposed work in accordance with the approved plans and
specifications and in compliance with all the requirements of the permit and this chapter. The civil engineer
shall file a report as specified in Sectiofl 15.04.140. (Ord. 1797 . 1 (part), 1978).
15.04.140 Completion of work-Final repor ts.
Upon completion of the work the following reports shall be filed with the City Engineer unless waived
by him:
A. A wrii~en statement by the private engineer that all land development work and/or associated drainage
facilities have been completed in conformance with Sections 15.04.165 and 15.04.225.
B. An as-built plan of the completed work prepared by a civil engineer.
A final as-built soil engineer's report which shall include a written statement that inspections and tests
were made during the grading, and that in his opinion all embankments and excavations are in
accordance with the provisions of this chapter and the permit and are acceptable for their intended use.
Soil bearing capacity (except where the City Engineer determines such is inapplicable), summaries of
field and laboratory tests and locations of tests if not previously submitted, and the limits of compacted
fill on an "as-built" plan shall be included in the report. The report shall include reference to the
presence of any expansive soils or other soil problems which, if not corrected, would lead to st~-uctural
defects in buildings conslructed on the site. If such report discloses the presence of such expansive soils
or such other soil problems, it shall include recommended corrective action designed to prevent
structural damage to each building proposed to be constructed upon the site. The f'mal "as-built" report
shall also contain a seepage statement or study as appropriate.
A final "as-built" engineering geology report by an engineering geologist based on the "as-built" plan
includmg specific approval of the grading as affected by geological factors. Where required by the City
Engineer, the report shall include a revised geologic map and cross-sections and recommendations
regarding building restrictions or foundation setbacks.
A final biology report, if determined necessary by the Director of plannmg and Building or designee,
which includes an assessment of the impacts on sensitive biological resources affected by the land
development work.
(Ord. 1877 .2 (part), 1979; Ord. 1797 . 1 (part), 1978).
15.04.145 Notification of completion.
The permittee shall notify the City Engineer when the land development work is ready for final
inspection. He shall also notify the City Landscape Architect and the Director of Planmng and Building, or
designee, when planting and imgation are completed. Final approval shall not be given until all work,
including installation of all drainage sWactures and facilities, sprinkler imgafion systems, planting and all
protective devices have been completed and any required planting established and all as-built plans and reports
have been submitted. The City Engineer may accept in writing the completion of all work, or any portion of
the work, required by the permit issued in accordance with this chapter and thereupon accept said work or
portion thereof. (Ord 2678 . 3, 1996; Ord 1797 . 1 (part), 1978).
15.04.150 Exemptions from applicability designated.
No person shall do any land development work without first having obtained a Land Development
Pernfit or Clearing and Gmbbtng Permit except for the following:
A. The depositing of materials in any disposal area operated or licensed by the City;
B. The making of excavation on any site or contiguous sites held under one ownership, in which all of the
following are characteristic of the work:
1. A cut slope having a maximum steepness of three horizontal to one vertical.
2. A cut having a maximum vertical depth of three feet at any point and a maximum average depth of
eighteen inches.
3. No adverse effect upon an existing drainage pattern.
4. A top of slope no closer than one foot from an exterior botmdary line, and
5. The ~novement of less than two hundred fifty cubic yards of material;
C. The making of embankment on any site or contiguous sites held trader one ownership, in which all of the
following are characteristic of the work:
1. None of the embankment exceeds three feet in vertical depth or has an average maximum depth in
excess of eighteen inches,
2. None of the embankment is placed on existing ground having a slope steeper than five horizontal
to one vertical,
3. Proposed fill slopes are no steeper than three horizontal to one vertical,
4. The embankment does not change or adversely affect the existing drainage pattern,
5. Adequate provisions are proposed to protect the embmff.~nent from erosion,
6. The toe of the embankment is no closer than one and one-half feet to an exterior property line, and
7. The total volume of embankment does not exceed two hundred fifiy cubic yards of material;
Excavation for foundations of buildings, structures, basements, cellars, swimming pools or basins which
are authorized by appropriate permits obtained fi-om the Plauning and Building Department;
Excavation or embankment performed by a governmental agency, franchise holder, or their contractor
incidental to the construction of roadways, pipelines, or utility lines within their rights of way;
F. . Foundations, as referred to herein, shall not be conslmed to include foundations for retainLng walls,
drainage structures, or other sa'uctures appurtenant to the land development;
G. Routine maintenance of ornamental landscaping;
H. Agricultural operations, as defined pursuant to the Chula Vista Municipal Code Section 17.35.030;
I. Maintenance of vegetation in accordance with an approved habitat management plan, or other such
similar plan, if consistent with such plan, and prepared pursuant to the Chula Vista MSCP Subarea Plan;
J. Maintenance of vegetation in a designated fuel modification zone, consistent with the Chula Vista MSCP
Subarea Plan;
K. Clearing and grabbing in an area located entirely within a mapped Development Area, as defined by
Sectio. n 17.35.030 of the Chula Vista Municipal Code, where it has been demonstrated to the satisfaction of the
Director of planning and Building, or designee, that no sensitive biological resources, as de£med by Section
17.35.030 of the Chula Vista Municipal Code, exist;
L. Clearing and grubbing entirely located in a development area outside of a Covered Project, as defmed by
Section 17.35.030 of the Chula Vista Municipal Code, in an area that is one acre or less in size, is not part ora
larger contiguous clearing and grabbing project, and does not impact sensitive biological resources, wetlands or
listed non-covered species, as defined by Section 17.35.030 of the Chula Vista Municipal Code.
(Ord. 1797.1 (part), 1978).
15.04.155 Contractor-Qualifications required.
Every person doing land development work shall meet such qualifications as may be determined by the
City Engineer and/or Director of Planning and Building to be necessary to protect the public interest. The City
Engineer and/or Director of Planning and Building may require an application for qualification which shall
contain all information necessary to determine the person's qualifications to do the land development work.
(Ord. 1797.1 (part), 1978).
15.04.160 Work to be performed by licensed contractor.
All land development work shall be performed by a contractor licensed by the state. (Ord. 1797 .
(part), 1978),
15.04.165 Inspection of land development work -Responsibility therefor.
City Engineer. The City Engineer shall be responsible for all inspections of work not otherwise
delegated to some other person. These inspections include, but are not limited to: drainage facilities,
fencing, and compliance with state and city regulations in regard to the health and safety of the general
public.
Private Engineer. The private engineer shall be responsible for all surveying work necessary for proper
construction of the grading and drainage facilities. He shall inspect the site to insure that the
embankment and cut slopes are placed at their proper line and grade. He shall, prior to the release of
bonds and surety, provide a written statement that in his professional opinion, all work incorporated in
the grading and drainage plans, authorized under the grading permit to include grading, drainage, and
construction of appurtenant structures, have been constructed to the lines and grades in substantial
conformance with the approved plans, and any approved revisions thereto.
Soil Engineer. The soil engineer shall be responsible for the testing of compacfion and determination of
stability of the various slopes. He shall, prior to release of the bond and surety, provide a wriecen
statement that inspections and tests were made by him, or under his supervision, and that in his
professional opinion, all embankments have been compacted to city standards and in accordance with
the earthwork specifications for the project.
Landscape A~chitect. All landscaping work shall be designed under the supervision of a landscape
architect; however, a registered civil engineer or registered architect may. be responsible for the
inspection of all landscaping and irrigation required in accordance with the grading permit and plans if it
is in conjunction with a project he has been con~acted to do. He shall, prior to the release of the bond
and surety, provide a written statement that in his professional opinion all work incorporated in the
landscape and imgation plans authorized under the permit have been constructed in accordance with the
approved plans and revisions thereto.
E. Biologist~ A biologis.t, as defined by Section 17.35.030 of the Chula Vista Municipal Code,
shall be required to inspect all land development or clearing and grubbing sites prior to work occnrring
in areas of sensitive biological resources, as defined by Section 17.35.030 of the Chula Vista Municipal
Code, to insure compliance with the permit issued pursuant to this Chapter. The biologist shall identify
areas to be protected with appropriate staking and fencing, insure that these sensitive biological
resources, as defined by Section 17.35.030 of the Chula Vista Municipal Code, are correctly identified
on the grading or clearing and grubbing plan, and inspect the staking and fencing after installation to
insure installation according to plan. In addition, the biologist shall conduct an inspection after the work
is completed. Prior to the release of the bond and surety, the biologist shall provide a written statement
that in his/her professional opinion all work was conducted as authorized under the permit in accordance
with approved plans and revisions thereto.
Prior to the release of building permits for any given lot or lots, the private engineer shall submit a
statement (Form PW-E-106B) as evidence that rough grading for land development has been completed
within standard tolerance in accordance with the approved plans, and that all embankments and cut
slopes and pad sizing are as shown on the approved plans~
The soils engineer will submit a statement that all embankments, under his direction, have been
completed to an indicated ninety percent relative compaction of dry density.
(Ord. 1877 . 2 (part), 1979; Ord. 1797 . 1 (part), 1978).
15.04.170 Transfer of responsibility for approval.
If the private engineer, soil engineer, landscape architect, o~ engineering geologist, or biologist, as
defined by Section 17.35.030 of the Chula Vista Municipal Code, of record are changed during the course of
the work, the work shall be stopped until the replacement has agreed to accept the responsibility within the area
of their technical competence for approval upon completion of the work. (Ord. 1797 . 1 (part), 1978).
15.04.175 Plans and reports to be prepared by engineers.
(Ord. 1877
Plans for public improvements and land development work authorized under this chapter shah be
prepared by a civil engineer. Where soil or geologic reports or soils and geologic investigations are
required, the reports and investigations shall be prepared and conducted by an engineering geologist
and/or Soils engineer as appropriate.
A seepage statement or study is required as a part of all soils reports. AH soils engineering, geologic,
and geologic engineering reports shall consist of a preliminary and a final "as-built" report. Whenever
blasting is to be performed or bedrock is to be exposed, a seepage study must be performed to determine
method of handlmg excess water infiltration.
C. Plans prepared for land development work which includes clearing and grubbing only, shall be
prepared with input from a biologist.
.2 (part), 1979; Ord. i797.1 (part), 1978).
15.04.180 Private contract performance bond-Required when-Issuance conditions generally.
Persons performing private contract work under a permit issued in accordance with this chapter shall
furnish a bond/bonds or cash deposit or instrument of credit executed by the owner or his agent, or both, as
principal in accordance with the provisions codified in Sections 15.04.180 through 15.04.215.
The performance bond/bonds shall be issued by a smety company authorized to do business in the state
and shall be approved as to form by the City Attomey. The bond/bonds shall be in favor of the City and shall
be conditioned upon the completion, fi-ce of liens, of the work authorized by the permit in accordance with the
requirements of this chapter and the conditions prescribed by the permit. Slope planting and irrigation bond
will be separate from the performance bond requirements for appurtenant structures and grading. They will be
held in the office of the Director of Planning and Building until satisfactory compliance with landscaping and
irrigation has been accepted. (Ord. 1797 . 1 (part), 1978).
15.04.185 Private contract performance bond-Conditions-Notice of default- Contents-Effect.
The bond/bonds shall be conditioned upon the payment to the City of any costs incurred by the City or
its agent in completing the required work or performing work necessary to leave the site in a non hazardous
condition and restoring habitat as may be needed. The bond/bonds shall be further conditioned upon the
payment to the City or its agents in completing the work required to protect or repair adjacent public or private
properties from damage from work performed under the permit. Whenever the City Engineer finds that a
default has occurred in the performance of any term or condition of work authorized by a permit, he shall give
written notice of such default to the principal and s~rety of the bond. Such notice shall state the work
remaining to be done, the estimated cost of completion and the time estimated by the City Engineer to be
necessary for the completion of the work. After the receipt of such notice, the principal or the surety must,
within the time specified, either complete the work satisfactorily or deposit with the City an amount equal to
the City Engineer's estimate of the completion cost plus an additional sum equal to twenty-five percent of such
cost. (Ord. 1797 . 1 (part), 1978).
15.04.190 Private contract performance bond-Principal or surety liable for cost of completing work
when.
In the event that the principal or surety fails to complete such work within the time specified in the
notice, or fails to deposit the estimated cost plus twenty-five percent with the City, the City Engineer may cause
the required work to be completed. The principal and the surety shall be liable for the cost of completing such
work. (Ord. 1797 . 1 (part), 1978).
15.04.195 Private contract performance bond-Liability of City for performance of certain work.
If the p£mcipal or surety deposits the estimated cost plus twenty-five percent as set forth in the notice,
the City Engineer shall cause the required work to be completed. The unexpended money shall be returned to
the depositor at the completion of such work, together with an itemized accounting of the cost. The principal
and surety shall hold the City blameless from any liability in connection with the work so performed by the
City or contractor employed by the City. The City shall not be table in connection with such work other than
for the expenditure of said money. (Ord. 1797 . 1 (part), 1978).
15.04.200 Private contract performance bond-Cash deposit accepted in lieu when-Default correction
procedure.
In lieu of a bond, the permittee may post a cash deposit with the Director of Finance in an amount equal
to the required bond. Notice of default as provided above shall be given to the principal, and if the default is
not corrected within the time specified, the City Engineer shall proceed without delay and without further
notice of proceeding whatever to use the cash deposit or any portion of such deposit to complete the required
work. The balance, if any, of such cash deposit shall, upon the completion of the work, be returned to the
depositor or to his successors or assigns after deducting the cost of the work. (Ord. 1797 . 1 (part), 1978).
15.04.205 Private contract performance bond-Not required when.
No performance bond under the provisions of this chapter shall be required from the state, or any of its
political subdivisions or any gove~ranental agency. (Ord. 1797 . 1 (part), 1978).
15.04.210 Private cuntract performance bond-Required from certain contractors when~Exception.
A contractor working for the state or any of its political subdivisions or any governmental agency shall
present a performance bond unless proof is submitted that the work is covered by a bond inuring to the benefit
of the state or agency. (Ord. 1797 . 1 (part), 1978).
15.04.215 Private contract performance bond-Conditions-Compliance with certain
provisions required.
terms and
Every bond or other performance guarantee shall include conditions that the permittee shall:
A. Comply with all provisions of this chapter;
B. Comply with all terms and conditions of the land development permit or clearing and grubbing permit;
C. Complete the land development work within the time linfit specified in the land development permit or
clearing and grabbing permit.
(Ord. 1797 .1(pa~),1978).
15.04.220 Private contract performance bond-Method of estimating amount- Schedule.
The amount of the bonds or cash deposits covering a specific job shall be based on the amount of the
estimate submitted by the person doing the work and approved by the City Engineer and in accordance with the
following schedule:
(0rd. 1797.
A. Appurtenant stractures.....lO0% of the estimated cost of retaining walls, drainage facilities or other
grading appurtenances;
B. Grading.....25% of the estimated cost. This percentage may be varied by the City Engineer to fit
conditions which are unusual in tfis opinion;
C. Slope planting and in'igation.....100% of the estimated cost of required landscaping and irrigation
facilities;
D. Maintenance of landscaping..... 100% of the esthnated cost of maintaining landscaping for the period
specified upon the permit.
E. Habitat restoration ...... 100% of the estimated cost of repairing or replacing sensitive biological
resources, as defined by Section 17.35.030 of the Chula Vista Municipal Code, including short-term
maintenance and long-term monitoring (typically five-years), as specified by a biologist.
1 (part), 1978).
15.04.225 Release of bonds/security.
Bonds and other security shall be released thirty-five days after filing a "Notice of Completion" with the
County Recorder (recorded copy to City Engineer) for improvements accepted by this City and upon
acceptance of completed Form PW-E-106 (Request for Release of Bonds) submitted by the permit~ee. This
form is available in the office of the City Engineer.
Such form may not be accepted until the end of the maintenance period for the required landscaping,
unless a separate bond is or has been submitted to guarantee maintenance of landscaping. (Ord, 1877 . 2 (part),
1979; Ord. 1797 . 1 (part), 1978).
15.04.230 City Engineer-Enforcement responsibility and permit issuance authority.
The City Engineer shall enforce the provisions of this chapter. He shall, upnn application by qualified
persons, issue perm/ts in connection with land development work when all applicable conditions established by
this chapter f9r such permits have been met. (Ord. 1797 . 1 (part), 1978).
15.04.235 City Engineer-Powers and duties generally.
The City Engineer e shall cause land development work being done without a permit to be stopped until
a permit has been obtained. He may require that such work done without a permit be removed or corrected,
including habitat restoration, at the expense of the responsible person. Where land development work involves
an embankment improperly constructed or constructed without adequate testing, he shall cause such
embankment to be reconstructed or, in lieu thereof, shall cause a declaratinn of improper land development to
be recorded in the office of the County Recorder. He shall have work done in connection with land
development to insure compliance with the provisions of this chapter and shall release the bond when such
work is properly completed. (Ord. 1797 . 1 (part), 1978).
15.04.240 City Engineer-Authority to determine applicable fees.
The City Engineer shall determine the fees applicable under the provisions of this chapter. (Ord. 1797
· 1 (part), 1978).
15.04.245 City Engineer-Duty to consider certain recommendations and deny certain applications.
When the nature of the work requested is such that it comes within the requirements of, or affects the
operation of any other department of the City, the City Engineer shall obta'.m and consider the recommendations
of applicable City departments in determining the disposition of the application. He shall deny applications
which are not in the interest of the public health, safety or general welfare, or do not constitute a reasonable use
of land as indicated by the existing zoning or an approved land use plan. (Ord. 1797 . 1 (part), 1978).
15.04.250 City Engineer-Grounds for canceling permit or amending plans.
The City Engineer may cancel a permit or may require the plans to be amended when it is in the interest
of public health, safety and welfare and under any of the following:
A. Upon the request of the permit~ee;
B. When the facts are not as presented by the pe~mittee in application;
C. When work as constructed or as proposed to be constructed creates a hazard to public health, safety and
welfare.
(Ord. 1797 . 1 (part), 1978).
15.04.255 Appeals-Authorized when-Determination authority.
An applicant may appeal the City Engineer's denial of, or the conditions of approval of, an application
for a land development or clearing and grubbing permit to the City Com~cil. (Ord. 1797 . I (part), 1978.)
15.04.260 Appeals-Time limit for filing-Form.
The applicant for a permit issued pursuant to tbis chapter, or the permittee, may appeal to the City
Council ~om any decision of the City Engineer within ten working days after said decision. Appeals shall be
in writing and shall state the specific nature of the appeal. Appeals shall be filed with the City Clerk. (Ord.
1797 . 1 (part), 1978).
15.04.265 Permits-Application-Procedure generally-Detail plan required.
Applications for permits authorizing land development work shall be made in accordance with
procedures established by the City Engineer. Applications shall be accompanied by such detailed plans,
specifications and schedules as listed in the subdivision manual, landscape manual, and as otherwise required
by the City Engineer. See Sections 15.04.290 and 15.04.295 of this chapter regarding fees. (Ord. 1797 . 1
(part), 1978).
15.04.270 Permits-Application-Detail plans and specifications required.
A. Detailed plans and specifications for land development work shall include, but not be limited to:
1. Those requirements listed in the subdivision manual;
2. A vicinity sketch or other data adequately indicating the site location;
3. A plot plan showing the location of the land development boundaries, lot lines, and public and
private rights-of-way lines;
4. A contour map showing the present contours of the land and the proposed contours or grid
elevations. Contours will extend beyond the limits of grading at least one hundred feet;
The location of any buildings or structures within the land development boundaries, and .the
location of any building or structure on adjacent propeay which is within fifteen feet of the land
development boundary;
6. Typical sections showing details concerning proposed cut and fill slopes;
Adequate plans of all drainage devices, walk or other protective devices to be constructed in
connection with, or as a result of the proposed work, together with a map showing the drainage
area of land tributary to the site and the estimated nmoff of the area served by any drainage
facilities and devices;
8. An estimate of the quantity of excavation and fill involved, quantities relative to construction of
appurtenant structures, estimate of cost and estimated starting and completion dates;
A landscape and hrigation plan indicating the total landscaped square footage, plant quantity,
spacing, type and location and the layout of the irrigation system, and an estimate of cost of the
landscaping and irrigation facilities.
10.
A map, prepared by a biologist, as defined by Section 17.35.030 of the Chula Vista Municipal Code,
illustrating the proposed land development work relative to sensitive biological resources in
compliance with the applicable Habitat Loss and Incidental Take Permit issued pursuant to Chapter
17.35 of the Chula Vista Municipal Code.
11. An erosion control plan as may be required by the City Engineer or the Director of Planning and
Building.
A soils investigation may be required to correlate surface and subst~rface conditions with the proposed
land development plan. The results of the investigation shall be presented in a soils report by a soils
engineer winch shall include, but not be limited to location of faults; data regarding the nature,
distribution, and strength of existing soils and rock on the site; the soils engineer's conclusion;
recommendations for grading requirements, including the correction of weak or unstable soil conditions
and treatment of any expansive soils that may be present; and his opinion as to the adequacy of building
sites to be developed by the proposed land development operations. The soils engineer shall provide an
engineering geology report by an engineering geologist when required by the City Engineer. A seepage
statement or a study is required as a part of alt soil reports. Whenever blasting is to be performed or
bedrock is to be exposed, a seepage study must be performed to determine method of handling excess
water infiltration.
C. The City Engineer may require other data or information as he deems necessary. He may eliminate or
modify any of these requirements where, in ins opinion, they will serve no practical purpose.
(Ord. 1887 .2 (part), 1979; Ord. 1797 . 1 (part), 1978).
15.04.275 Permits-Issuance-Prerequisites and contents.
The City Engineer shall issue permits for land development work upon approval of applications, plans,
receipt of the prescribed fees and bonds and receipt of letters fi.om the private engineer, soils engineer,
engineering geologist, landscape architect, biologist, and others as required by the City Engineer, that they have
been retained by the permittee to perform the work specified in Section 15.04.165. The permits shall include,
or refer to, the conditions, plans and specifications wkich shall govern the work author/zed. (Ord. 1877 . 2
(part), 1979; Ord. 1797 . 1 (part), 1978).
15.04.280 Investigations authorized and required when-Fee.
The City Engineer may require the payment of the prescribed fees for special investigations when the
proposed work or inquiries necessitate that special work be performed by the City. Special investigations shall
include all requests for time extensions or variance requests and shall be accompanied by the special
investigation fee. (Ord. 1797 . i (part), 1978).
15.04.285 Agreement required for uncontrolled embankments-Additional specifications.
Applications for land development permits involving uncontrolled embankment shall be accompanied
by an agreement signed by tbe prope?ty owner. The agreement shall be prepared by the City Engineer
and shall contain the following provisions and such other provisions as may in the opinion of the City
Engineer afford protection to the property owner and City:
1. The land development work shall be designated as uncontrolled embankment and shall be
constructed in accordance with plans approved by the City Engineer.
2. The owner acknowledges that as an uncontrolled embankment, the site is not eligible for a building
permit unless special soils analysis and foundation design are submitted.
The land development work shall be done and maintained in a safe and sanitary manner at the sole
cost, risk and responsibility of the owner and his successors in interest, who shall hold the City
harmless with respect thereto.
The agreement for unconttolled embankment shall be approved by the City Council and recorded by the
City Clerk in the Office of the County Recorder as an obligation upon the land involved. The notice
shall remain in effect until release of the agreement is filed by the City Engineer.
(Ord. 1797 . 1 (part), 1978).
15.04.290 Fees-Collection-Method of estimation-Verification-Payment required- Exemptions.
Fees required by this chapter shall be collected by the City Engineer and deposited with the Director of
Finance. Such fees shall be as presently designated, or as may in the future be amended, in the master
fee schedule.
B. No permit shall be issued, and no land development work shall be permitted until the fees applicable
under this chapter have been received by the City Engineer.
The state or any of its political subdivisions or any governmental agency shall file applications for
permits and shall be issued permits as required by this chapter. No fees shall be required when the work
is done by persons working directly for the state or agency.
The City Manager, or Iris designee, may authorize, without advance appropriation, the refund of fees
required by this Chapter to be collected, or such portion of the fees deemed appropriate for refund by the
City Manager (net of costs incurred by the City in processing the permit application or unless the City
has used the fees to conslxmct facilities for a development for which the fees were paid), if the City
Manager finds thfit the permit for which they were collected has been revoked, surrendered or terminated
without use by the pemfittee and the refund is less than $t00,000. All other refunds shall be authorized
by the City Council.
(Ord. 2594 . I, 1994; Ord. 2011 .'1 (part), I982; Ord. 1797 . 1 (part), 1978).
15.04.295 Fees-Schedule for computation.
Fees shall be as presently designated, or as may in the future be amended, in the master fee schedule.
(Ord. 2506.1 (part), 1992; Ord. 1961 . 1 (part), 1982; Ord. 1797 . 1 (part), 1978).
15.04.305 Fees-To be doubled in certain cases-Effect of imposition.
In the event that land development work is commenced without a land development or cleating and
grabbing permit, the City Engineer shall cause such work to be stopped until a permit is obtained. The permit
fee, in such instance, shall then be the nolmally required permit fee, plus $500. The payment of the increased
pernnt fees shall not relieve any person from fully complying with the requirements of this chapter in the
performance of the work. Such fee shall defray the expense of enforcement of the provisions of this chapter in
such cases.
When land development work commences without a permit and results in damage to sensitive biological
resources, as defined by Section 17.35.030 of the Chula Vista Municipal Code, restoration requirements
(including maintenance and monitoring) shall be imposed at the sole discretion of the Director of Planning and
Building and the full cost of the restoration shall be borne by the property owner.
When land development work is inconsistent with a permit issued pursuant to Chapter 17.35 of the Chula
Vista Municipal Code and results in damage to sensitive biological resources, as defined by Section 17.35.030
of the Chida Vista Municipal Code, restoration requirements (including maintenance and monitoring) shall be
imposed at the sole discretion of the Director of Plarming and Building and the full cost of the restoration shall
be borne by the property owner.
The payment of such fees or penalties as described above shall not prevent the imposition of any penalty
prescribed or imposed by this chapter, Chapter 1.41, or other federal or state law. (Ord 2718 . I (part), 1998;
Ord. 1797 . 1 (part), 1978).
15.04.310 Violations-Declared unlawful and public nuisance-Abatement authority.
Any land development work commenced, done, maintained or allowed contrary to the provisions of this
chapter, shall be, and the same is hereby declared to be, tmiawful and a public nuisance. Upon order of the City
Council, or upon the determination of the City Manager or the City Attorney, necessary proceec!Jmgs for t~e
abatement, removal and/or enjoinment of any such public nuisance shall be commenced in the manner provided
by law. Alternatively the procedures to abate under Chapter 1.30 may be used. Any failure, refusal, or neglect
by a responsible party to obtain a permit as required by this chapter shall be prima facie evidence of the fact
that a public nuisance has been comnUtted in connection with any land development work commenced or done
contrary to the provisions of this chapter. (Ord 2718 . 1 (part), 1998; Ord. 1797 . 1 (part), 1978).,
15.04.315 Abatement of dangerous conditions.
Where the City Engineer determines tbat land development work has created a danger to pubhc or
private property or has resulted in the deposition of debris on any public way or interferes with any existing
drainage course, the City Engineer shall serve written notice on the property owner, describing the condition
and requiring that the property owner abate the dangerous condition within ten days after the notice is received.
If the property owner fails to so abate the condition, the City Engineer may do so, in which event the property
owner shall be liable for all costs of such abatement, including but not limited to reasonable attorney fees. The
expenses of abatement shall be a lien against the property on which it is maintained and a personal obhgation
against the property owner. (Ord. 1877 .3 (part), 1979).
15.04.320 Emergency abatement by City-Liability for costs.
If it appears to the City Engineer that an emergency exists because land development ~vork has resulted
in a danger to public or private property, then, without following the procedure established by Section
15.04.315, the City Engineer may order all work necessary to remove, abate or mitigate the condition creating
such emergency. The City Engineer may do the work with his own employees or may contract to have the
work done; in either event, the City Engineer shall keep a record of the costs of the work and charge the cost of
the work to the property owner who shall repay the City for the cost thereof. (Ord. 1877 . 3 (part), 1979).
15.04.325 Costs of abatement-Special assessment procedure-Statutory authority.
The costs of abating a dangerous condition within tha meaning of this chapter shall be imposed as a
special assessment against the Iand on which such abatement was done. Costs and assessment procedures will
be in accordance with Chapters 1.40 and 1.41. The property owner may raise and the City Manager shall
consider, as a complete or partial defense to the imposition of the assessment, questions as to the necessity of
the abatement and the means in which it was accomplished. Pursuant to Government Code . 38773.5 abatement
costs shall be transmiCted to the tax collector for collection. This assessment shall have the same priority as
other city taxes. (Ord 2718 . i (part), 1998; Ord. 1877 . 3 (part), 1979).
15.04.330 Conflicts
Except for exempt projects, if a conflict occurs between this Chapter and Chapter 17.35 of the Chula
Vista Municipal Code, the stricter regulation shall apply.
Section II. This ordinance is conditioned upon the issuance of Take Authorizations fxom the USFWS and
CDFG to the City of Chula Vista.
Section III. This ordinance shall take effect and be in force on the thirtieth day fi.om and after the second
reading of the ordinance which shall occur after issuance of Take Authorizations from the USFWS and CDFG.
Presented by
Approved as to form by
Robert A. Leiter
Planning and Building Director
Ann Moore
City Attorney
Section II. Adoption of this ordinance (Second Reading) is conditioned upon and shall
not occur unless and until the issuance of Take Authorizations fi.om the USFWS and CDFG
to the City of Chula Vista has occurred in a form acceptable to the City..
Section III. This ordinance shall take effect and be in force on the thirtieth day from and
after the of the ordinance (Second Reading) which shall occur as stated above.
Presented by
Approved as to form by
Robert A. Leiter
Planning and Building Director
Ann Moore
City Attorney
AMENDING CHAPTER 17 OF TltE~A VISTA
MUNICIPAL CODE TO REPE~I~I~TION 17.30
RELATING TO INTERIM COJIIBTAL SAGE SCRUB
HABITAT LOSS PERMIT PROCESS AND IN ITS
PLACE ADD TIlE OTAY RANCH GRAZING FOR
IMPLEMENTATION OF THE MSCP SUBAREA PLAN
WHEREAS, as lead agencies for the Multiple Species Conservation Program
("MSCP") Subregional Plan, the U.S. Fish and Wildlife Service and the City of San Diego
prepared and certified a Final Environmental Impact Report/Environmental Impact
Statement for the Issuance of Take Authorizations for Threatened and Endangered Species
due to urban growth within the Multiple Species Conservation Program ("MSCP")
planning area ("Final EIRJEIS") in January, 1997 and adopted the Final MSCP
Subregional Plan in August, 1998; and
WHEREAS, as a responsible agency, the City of Chula Vista ("City") participated
in the preparation of the Final EIR/EIS through consultation and comment; and
WHEREAS, the MSCP Subregional Plan contemplated that local jurisdictions
including the City of Chula Vista would participate in the MSCP Subregional Plan and
seek federal and state take authorization by adopting a subarea plan consistent with the
conservation strategies contained in the MSCP Subregional Plan; and
WHEREAS, the City prepared and submitted a Draft MSCP Subarea Plan to the
U.S. Fish and Wildlife Service and the City of San Diego in August, 1996, for inclusion in
the Draft MSCP Subregional Plan and for consideration by the lead agencies in their
environmental review of the Draft MSCP Subregional Plan; and
WHEREAS, after the adoption of the MSCP Subregional Plan, the City, and the
U.S. Fish and Wildlife Service and the California Department of Fish and Game
(hereinafter referred to as the "Wildlife Agencies") further negotiated a number of aspects
of the 1996 Draft Subarea Plan, including but not limited to, the refinement of the
conditions of coverage for covered projects, the type and extent of protection for narrow
endemic species, the amount and type of public facilities and infrastructure to be allowed
in the Preserve, and an acceptable configuration for the university site adjacent to the
Preserve; and
WHEREAS, following a review by the Wildlife Agencies and public comment
period, the City issued a draft MSCP Subarea Plan dated September 11, 2000, and a Draft
Implementing Agreement dated September 20, 2000, to the Wildlife Agencies and the
general public; and
WHEREAS, on September 22, 2000, the City submitted to the U.S. Fish and
Wildlife Service an application for a Section 10(a)(1)(B) permit for incidental take
pursuant to the U.S. Endangered Species Act of 1973, as amended, and submitted to the
California Department of Fish and Game an application for a take authorization permit
pursuant to Section 2835 of the California Endangered Species Act, with both applications
including the Draft MSCP Subarea Plan dated September 11, 2000, and a Draft
Implementing Agreement dated September 20, 2000; and
WHEREAS, the Planning Commission and the City Council set the time and place
for a joint hearing on said project and notice of said hearing, together with its purpose, was
given by its publication in a newspaper of general circulation in the City at least 10 days
prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised on October
17, 2000, in the Council Chambers, 276 Fourth Avenue, before the Plarming Commission
and City Council; and
WHEREAS, approval of the MSCP Subregional Plan and adoption of the Chula
Vista MSCP Subarea Plan dated September 11, 2000 were discretionary actions covered
by the Final EIR/EIS, and therefore, as a responsible agency, the City had a more limited
role than does a lead agency under the California Environmental Quality Act ("CEQA");
and
WHEREAS, the City prepared an Addendum dated September 11, 2000, pursuant
to CEQA Guidelines section 15164 to fulfill the City's obligations as a responsible
agency; and
WHEREAS, the City issued Findings of Fact for each of the significant
environmental effects of implementing the Chula Vista MSCP Subarea Plan, dated
September 11, 2000, in conformance with the CEQA and the CEQA Guidelines, which
enabled the City to make full use of the Final EIR/EIS and the Addendum (CEQA
Guidelines, sections 15101, 15093 and 15096, subd. (h)); and
WHEREAS, the City considered the Final EIR/EIS prepared by the lead agency
together with the Chula Vista MSCP Subarea Plan dated September 11, 2000 and the Draft
Implementing Agreement dated September 20, 2000, and reached its own conclusion
about whether and how to approve the MSCP Subregional Plan and the Chula Vista
MSCP Subarea Plan dated September 11, 2000; and
WHEREAS, the City also prepared an MSCP Mitigation and Implementing
Agreement Monitoring Program For Biological Resources dated October 12, 2000, in
compliance with Public Resoumes Code section 21081.6, subd. (a)(1); and
WHEREAS, the City Council reviewed and considered the Final EIR/EIS prepared
and certified by the U.S. Fish and Wildlife Service and the City of San Diego in January,
1997, the Addendum to the Final EIR/EIS (October 2000), the Findings of Fact and
Statement of Overriding Considerations, and the MSCP Mitigation and implementing
Agreement Monitoring Program for Biological Resources (October 2000) and found that
the documents were prepared in accordance with the requirements of CEQA, the CEQA
Guidelines, and the Environmental Review Procedures of the City of Chula Vista, and
also found that the Final EIR/EIS (January 1997) and Addendum to the Final EIP, dEIS
adequately addressed the environmental impacts of the MSCP Subregional Plan and the
Draft Chula Vista MSCP Subarea Plan, dated September l 1, 2000; and
WHEREAS, on October 17, 2000, the City Council approved the MSCP
Subregional Plan dated August, 1998, as the framework plan for the Chula Vista MSCP
Subarea Plan; conditionally adopted the MSCP Subarea Plan, dated September 11, 2000,
and the Mitigation and Implementing Agreement Monitoring Program for Biological
Resources dated October, 2000; and
WHEREAS, subsequent to the City Council conditional approval on October 17,
2000, the City decided to make further changes to the Draft MSCP Subarea Plan, dated
September 11, 2000, based on additional information not previously available about the
Quino checkerspot butterfly, a federally listed endangered species. The City believed it
was prudent to add coverage for the Quino checkerspot butterfly into the draft MSCP
Subarea Plan prior to the Subarea Plan and associated implementing documents being
published in the Federal Register; and
WHEREAS, since October 2000, changes to the Draft MSCP Subarea Plan have
been made as necessary to complete a final Draft MSCP Subarea Plan, including 1)
measures to provide coverage for the Quino checkerspot butterfly; 2) the preparation of
three implementing ordinances; 3) final revisions to the Implementing Agreement, 4)
conservation of additional lands not previously anticipated to be preserved, including
lands within the approved Rolling Hills Ranch subdivision; and 4) other revisions to
address unresolved issues related to changed circumstances, wetlands, and funding for
long term management; and
WHEREAS, the City has prepared a Supplemental Environmental Impact Report
and Environmental Assessment (No. 03-01) to address all of the changes to the revised
final Draft MSCP Subarea Plan; and
WHEREAS, on October 8, 2002, the City submitted a revised application to the
Wildlife Agencies for a Section 10(a)(1)(B) permit for incidental take pursuant to the U.S.
Endangered Species Act of 1973, as amended, and submitted to the California Department
of Fish and Game an application for a take authorization permit pursuant to Section 2835
of the California Endangered Species Act, with all of the required application materials
including the Draft Supplemental EIR and EA, Draft MSCP Subarea Plan, and the revised
Draft Implementing Agreement, and Draft Implementing Ordinances (referred to herein
collectively as "implementing documents").
WHEREAS, on October 10, 2002 a Federal Register notice was published
commencing a 60-day public comment period on the Incidental Take Applications, Public
Review Draft MSCP Subarea Plan, dated October 2002, implementing agreement and
implementing ordinances and associated environmental documents. A public notice was
also published on October 11, 2002 announcing the availability of the Draft SEIR and EA
to meet the requirements of the California Environmental Quality Act; and
WHEREAS, public review of the Draft MSCP Subarea Plan and implementing
documents closed on December 9, 2002. The City received 12 letters of comment from
the public and has prepared responses to the comments and made changes to the Public
Review Draft MSCP Subarea Plan, dated October 2002 and implementing documents, and
has prepared a final City of Chula Vista MSCP Subarea Plan, dated February 2003, and
Draft Implementing Agreement, dated February 2003; and
WHEREAS, the Planning Commission set the time and place for a public hearing
on said project and notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general cimulation in the City at least I0 days prior to the
heating; and
WHEREAS, the bearing was held at the time and place as advertised on April 23,
2003 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission;
WHEREAS, the Planning Commission recommended to the City Council the
approval of the MSCP Subarea Plan and associated implementing documents; and
WHEREAS, the City Council set the time and place for a public hearing on said
project and notice of said hearing, together with its purpose, was given by its publication
in a newspaper of general circulation in the City at least 10 days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised on May 13,
2003 in the Council Chambers, 276 Fourth Avenue, before the City Council; and
WHEREAS, the conditional adoption of the Chula Vista MSCP Subarea Plan,
dated February 2003 and associated implementing ordinances will not constitute a binding
set of obligations on any public or private entity within the City of Chula Vista unless and
until 1) the U.S. Fish and Wildlife Service issues a biological opinion which affirms and is
consistent with the Chula Vista MSCP Subarea Plan, dated February 2003 and the Draft
Implementing Agreement, dated February 2003, 2) take permits and its conditions are
issued by both Wildlife Agencies that are consistent with the Chula Vista MSCP Subarea
Plan and Draft Implementing Agreement dated February 2003, and 3) the City and
Wildlife Agencies approves and executes the Implementing Agreement substantially in the
form of the Implementing Agreement dated February 2003; and
WHEREAS, the City Council considered the Supplemental EIR and EA at its
hearing of may 13, 2003 and adopted the Chula Vista MSCP Subarea Plan (dated February
2003) with said conditions; and
WHEREAS, implementation of the MSCP Subarea Plan adoption of three MSCP
Implementing Ordinances, including the Otay Ranch Grazing Ordinance. This ordinance
will only take effect after issuance of the take permits and the necessary timelines for
ordinances pursuant to the City Charter have passed.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby
ordain as follows:
Section I. That Chapter 17 of the Chula Vista Municipal Code be and the same is.
hereby amended by repealing Section 17.30 Interim Coastal Sage Scrub Habitat Loss
Permit Process and in its place add Section 17.30 to read as follows:
Sec. 17.30
Sections:
17.30.010
17.30.020
17.30.030
17.30.040
17.30.050
17.30.060
OTAY RANCH GRAZ1NG
Purpose and Intent
General Authorization
Definitions
General Application of Chapter
General Regulations
Violations
17.30.010 Purpose and Intent'
The purpose of these regulations is to implement the Otay Ranch General
Development Plan and Resource Management Plan within the City of Chula Vista.
Specifically, these regulations implement the preserve management goals and
recommendations for the Otay River Valley Management Area of the Range Management
Plan (Appendix F7 of the Otay Ranch Phase 2 Resource Management Plan).
17.30.020 General Authorization
As a participating jurisdiction in the MSCP Subregional Planning effort, the City of Chula
Vista is promulgating these regulations to implement the Chula Vista MSCP Subarea Plan as a
condition of receiving an incidental take permit to be issued to the City pursuant to Section
10(a)(1)(B) of the Federal Endangered Species Act and take authorization to be issued to the City
pursuant to Section 2835 of the Califomia Fish and Game Code.
17.30.030 Definitions
100% Conservation Area - Lands within the City of Chula Vista for which hard-line
Preserve boundaries have been established and where the conserved portion will be
managed for its biological resources. These areas are shown on Figure 1-2 of the Chula
Vista MSCP Subarea Plan, as adopted on , and as may be amended from
time to time.
Otav Ranch Preserve - The land mapped as "resource preserve" in the Otay Ranch
General Development Plan and the 11,375-acre habitat conservation area established by
the Otay Ranch Phase 1 Resource Management Plan.
Pasture - Defined areas used for grazing, demarcated by fences and gates that allow for
control of grazing patterns.
Preserve - Areas within the City of Chula Vista incorporated limits which have been
dedicated and accepted by the City for permanent MSCP conservation and which will be
managed for their biological r.esources.
17.30.040 General Application of Chapter
It is unlawful to conduct grazing activities in the City of Chula Vista on land
designated by the Otay Ranch General Development Plan as Otay Ranch Preserve, except
as provided for by this chapter.
17.30.050 General Regulations
The following General Regulations shall apply to all land designated by the Otay
Ranch General Development Plan as Otay Ranch Preserve and as 100% Conservation
Area in the Chula Vista MSCP Subarea Plan, as adopted on _, and as may be
amended from time to time:
Existing grazing uses shall be permitted to continue in compliance with all
applicable regulations, only where the uses have occurred continuously within
previous years; and
B. No increase in irrigation shall be allowed, except for temporary irrigation that
may be installed as part of restoration plans; and
C. Grazing by sheep and goats shall not be allowed; and
D. Any existing or future fencing and gating installed for range management
purposes shall be maintained and kept in good repair; and
Grazing of cattle in pastures 6 (Horse), 10a, 10b, 10c (River Valley West), 1 la,
lib, llc (River Valley East), 12a, 12b, and 12c (O'Neal), as set forth in
Exhibit 4 of the Otay Ranch Range Management Plan, shall be prohibited from
January I through August 31, annually; and
Grazing of cattle in pastures 12 (O'Neal) and 15 (Salt Creek), as set forth in
Exhibit 4 of the Otay Ranch Range Management Plan, shall be prohibited
during the breeding season of the California gnatcatcher from February 15
through August 15, annually; and
In areas designated for restoration, grazing shall be removed for a period of
time prior to initiation of restoration activities to facilitate soil preparation and
exotic plant control.
17.30.060 Violations
The provisions of this chapter shall be enforced pursuant to the provisions of
Chapters 1.20 through 1.41 of the Chula Vista Municipal Code.
Section II. Adoption of this ordinance (second reading) is conditioned upon and
shall not occur unless and until the issuance of Take Authorizations from the
USFWS and CDFG to the City of Chula Vista has occurred in a form acceptable to
the City.
Section III. This ordinance shall take effect and be in fome on the thirtieth day
from and after the adoption of the ordinance (second reading) which shall occur as
stated above.
Presented by
Approved as to form by
Robert A. Leiter
Planning and Building Director
Ann Moore
City Attorney
AN ORDINANCE OF THE CITY OF CHULA _V~$]Vi~NDING CHAPTER
17 OF TIlE CHULA VISTA MUNICIP~ODE~TO ADD SECTION 17.35
I~LATING TO HABITAT LOS~) INCIDENTAL TAKE FOP,
IMPLEMENTATION OF THE MSCP SUBAREA PLAN
WHEREAS, as lead agencies for the Multiple Species Conservation Program
("MSCP") Subregional Plan, the U.S. Fish and Wildlife Service and the City of San Diego
prepared and certified a Final Environmental Impact Report/Environmental Impact
Statement for the Issuance of Take Authorizations for Threatened and Endangered Species
due to urban growth within the Multiple Species Conservation Program ("MSCP")
planning area ("Final EIR/EIS") in January, 1997 and adopted the Final MSCP
Subregional Plan in August, 1998; and
WHEREAS, as a responsible agency, the City of Chula Vista ("City") participated
in the preparation of the Final EIR/EIS through consultation and comment; and
WHEREAS, the MSCP Subregional Plan contemplated that local jurisdictions
including the City of Chula Vista would participate in the MSCP Subregional Plan and
seek federal and state take authorization by adopting a subarea plan consistent with the
conservation strategies contained in the MSCP Subregional Plan; and
WHEREAS, the City prepared and submitted a Draft MSCP Subarea Plan to the
U.S. Fish and Wildlife Service and the City of San Diego in August, 1996, for inclusion in
the Draft MSCP Subregional Plan and for consideration by the lead agencies in their
environmental review of the Draft MSCP Subregional Plan; and
WHEREAS, after the adoption of the MSCP Subregional Plan, the City, and the
U.S. Fish and Wildlife Service and the California Department of Fish and Game
(hereinafter referred to as the "Wildlife Agencies") further negotiated a number of aspects
of the 1996 Draft Subarea Plan, including but not limited to, the refinement of the
conditions of coverage for covered projects, the type and extent of protection for narrow
endemic species, the amount and type of public facilities and infrastructure to be allowed
in the Preserve, and an acceptable configuration for the university site adjacent to the
Preserve; and
WHEREAS, following a review by the Wildlife Agencies and public comment
period, the City issued a draft MSCP Subarea Plan dated September 11, 2000, and a Draft
Implementing Agreement dated September 20, 2000, to the Wildlife Agencies and the
general public; and
WHEREAS, on September 22, 2000, the City submitted to the U.S. Fish and
Wildlife Service an application for a Section 10(a)(1)(B) permit for incidental take
pursuant to the U.S. Endangered Species Act of 1973, as amended, and submitted to the
California Department of Fish and Game an application for a take authorization permit
pursuant to Section 2835 of the California Endangered Species Act, with both applications
including the Draft MSCP Subarea Plan dated September 11, 2000, and a Draft
Implementing Agreement dated September 20, 2000; and
' ',~ WHEREAS, the Planning Commission and the City Council set the time and place
for a joint hearing on said project and notice of said heating, together with its purpose, was
given by its publication ina newspaper of general circulation in the City at least 10 days
prior to the heating; and
WHEREAS, the hearing was held at the time and place as advertised on October
17, 2000, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission
and City Council; and
WHEREAS, approval of the MSCP Subregional Plan and adoption of the Chula
Vista MSCP Subarea Plan dated September 11, 2000 were discretionary actions covered
by the Final EIR/EIS, and therefore, as a responsible agency, the City had a more limited
role than does a lead agency under the California Environmental Quality Act ("CEQA");
and
WHEREAS, the City prepared an Addendum dated September 11, 2000, pursuant
to CEQA Guidelines section 15164 to fulfill the City's obligations as a responsible
agency; and
WHEREAS, the City issued Findings of Fact for each of the significant
environmental effects of implementing the Chula Vista MSCP Subarea Plan, dated
September 11, 2000, in confom~ance with the CEQA and the CEQA Guidelines, which
enabled the City to make full use of the Final EIR/EIS and the Addendum (CEQA
Guidelines, sections 15101, 15093 and 15096, subd. (h)); and
WHEREAS, the City considered the Final EIR/EIS prepared by the lead agency
together with the Chula Vista MSCP Subarea Plan dated September 11, 2000 and the Draft
Implementing Agreement dated September 20, 2000, and reached its own conclusion
about whether and how to approve the MSCP Subregional Plan and the Chula Vista
MSCP Subarea Plan dated September 11, 2000; and
WHEREAS, the City also prepared an MSCP Mitigation and Implementing
Agreement Monitoring Program For Biological Resources dated October 12, 2000, in
compliance with Public Resoumes Code section 21081.6, subd. (a)(1); and
WHEREAS, the City Council reviewed and considered the Final EIR/EIS prepared
and certified by the U.S. Fish and Wildlife Service and the City of San Diego in January,
1997, the Addendum to the Final EIR/EIS (October 2000), the Findings of Fact and
Statement of Overriding Considerations, and the MSCP Mitigation and Implementing
Agreement Monitoring Program for Biological Resoumes (October 2000) and found that
the documents were prepared in accordance with the requirements of CEQA, the CEQA
Guidelines, and the Enviromnental Review Procedures of the City of Chula Vista, and
also found that the Final EIR/EIS (January 1997) and Addendum to the Final EIR/EIS
adequately addressed the envirotunental impacts of the MSCP Subregional Plan and the
Draft Chula Vista MSCP Subarea Plan, dated September 11, 2000; and
WHEREAS, on October 17, 2000, the City Council approved the MSCP
Subregional Plan dated August, 1998, as the framework plan for the Chula Vista MSCP
Subarea Plan; conditionally adopted the MSCP Subarea Plan, dated September ! 1, 2000,
and the Mitigation and Implementing Agreement Monitoring Program for Biological
Resources dated October, 2000; and
WHEREAS, subsequent tO the City Council conditional approval on October 17,
2000, the City decided to make further changes to the Draft MSCP Subarea Plan, dated
September 11, 2000, based on additional information not previously available about the
Quino checkerspot butterfly, a federally listed endangered species. The City believed it
was prudent to add coverage for the Quino checkerspot butterfly into the draft MSCP
Subarea Plan prior to the Subarea Plan and associated implementing documents being
published in the Federal Register; and
WHEREAS, since October 2000, changes to the Draft MSCP Subarea Plan have
been made as necessary to complete a final Draft MSCP Subarea Plan, including 1)
measures to provide coverage for the Quino checkerspot butterfly; 2) the preparation of
three implementing ordinances; 3) final revisions to the Implementing Agreement, 4)
conservation of additional lands not previously anticipated to be preserved, including
lands within the approved Rolling Hills Ranch subdivision; and 4) other revisions to
address unresolved issues related to changed circumstances, wetlands, and ftmding for
long term management; and
WHEREAS, the Ci.ty has prepared a Supplemental Environmental Impact Report
and Environmental Assessment (No. 03-01) to address all of the changes to the revised
final Draft MSCP Subarea Plan; and
WHEREAS, on October 8, 2002, the City submitted a revised application to the
Wildlife Agencies for a Section I 0(a)(1 )(B) permit for incidental take pursuant to the U.S.
Endangered Species Act of 1973, as amended, and submitted to the California Department
of Fish and Game an application for a take authorization permit pursuant to Section 2835
of the California Endangered Species Act, with all of the required application materials
including the Draft Supplemental E1R and EA, Draft MSCP Subarea Plan, and the revised
Draft Implementing Agreement, and Draft Implementing Ordinances (referred to herein
collectively as "implementing documents"); and
WHEREAS, on October 10, 2002 a Federal Register notice was published
commencing a 60-day public comment period on the Incidental Take Applications, Public
Review Draft MSCP Subarea Plan, dated October 2002, implementing agreement and
implementing ordinances and associated environmental documents. A public notice was
also published on October 11, 2002 announcing the availability of the Draft SEIR and EA
to meet the requirements of the California Environmental Quality Act; and
WHEREAS, public review of the Draft MSCP Subarea Plan and implementing
documents closed on December 9, 2002. The City received 12 letters of comment fi.om
the public and has prepared responses to the comments and made changes to the Public
Review Draft MSCP Subarea Plan, dated October 2002 and implementing documents, and
has prepared a final City of Chula Vista MSCP Subarea Plan, dated February 2003, and
Draft Implementing Agreement, dated February 2003; and
WHEREAS, the Planning Commission set the time and place for a public hearing
on said project and notic6 of said hearing, together with its purpose, was given by its
publication in a newspaper or_general circulation in the City at least 10 days prior to the
hearing; and
WHEREAS, the hearing Was held at the time and place as advertised on April 23,
2003 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission;
WHEREAS, the Planning Commission recommended to the City Council the
approval of the MSCP Subarea Plan and associated implementing documents; and
WHEREAS, the City Council set the time and place for a public hearing on said
project and notice of said hearing, together with its purpose, was given by its publication
in a newspaper of general circulation in the City at least 10 days prior to the hearing; and
WHEREAS, the heating was held at the time and place as advertised on May 13,
2003 in the Council Chambers, 276 Fourth Avenue, before the City Council; and
WHEREAS, the conditional adoption of the Chula Vista MSCP Subarea Plan,
dated February 2003 and associated implementing ordinances will not constitute a binding
set of obligations on any public or private entity within the City of Chula Vista unless and
until l) the U.S. Fish and Wildlife Service issues a biological opinion which affirms and is
consistent with the in the Chula Vista MSCP Subarea Plan, dated February 2003 and the
Draft Implementing Agreement, dated February 2003, 2) take permits and its conditions
are issued by both Wildlife Agencies that are consistent with the Chula Vista MSCP
Subarea Plan and Draft Implementing Agreement dated February 2003, and 3) the City
and Wildlife Agencies approves and executes the Implementing Agreement substantially
in the form of the Implementing Agreement dated February 2003; and
WHEREAS, the City Council considered the Supplemental EIR and EA at its
hearing of May 13, 2003 and adopted the Chula Vista MSCP Subarea Plan (dated
February 2003) with said conditions; and
WHEREAS, implementation of the MSCP Subarea Plan requires adoption of three
MSCP Implementing Ordinances, including the Habitat Loss and Incidental Take
Ordinance. This ordinance will only take effect after issuance of the take permits and the
necessary timelines for ordinances pursuant to the City Charter have passed.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby
ordain as follows:
Section I. That Chapter 17 of the Chula Vista Municipal Code be and the same is
hereby amended by adding Section 17.35 to read as follows:
Sec. 17.35 HABITAT LOSS AND INCIDENTAL TAKE
Sections:
17.35.010
17.35.020
17.35.030
17.35.040
17.35.050
17.35.060
17.35.070
17.35.080
17.35.090
17.35.100
Purpose and Intent
General Authorization
Definitions
General Application of Chapter
Exemptions
Application for HLIT Permit
Permit Process
Required Findings for Issuance of HLIT Permit
General MSCP Development Regulations
Specific MSCP Development Regulations
17.35.110 Mitigation
17.35.120 Biological and Open Space Easement
17.35.130 Deviation from Habitat Loss and Incidental Take Regulations
17.35.140 Emergencies
17.35.150 City Responsibility to Publish Guidelines
17.35.160 Violations and Remedies
17.35.170 Conflicts
17.35.180 Local Coastal Program
17.35.010 Purpose and Intent
The purpose of the Habitat Loss and Incidental Take (HLIT) regulations is to protect and
conserve native habitat within the City of Chula Vista and the viability of the species supported by
those habitats. These regulations are intended to implement the City of Chula Vista Multiple
Species Conservation Program (MSCP) Subarea Plan by placing priority on the preservation of
biological resources within the planned and protected Preserve. These regulations are intended to
assure that development occurs in a manner that protects the overall quality of the habitat
resources, encourages a sensitive form of development, and retains biodiversity and interconnected
habitats. The habitat-based level of protection achieved through implementation of the MSCP, is
intended to meet the conservation obligations of the Covered Species identified therein. These
regulations are also intended to protect the public health, safety, and welfare while being consistent
with sound resource conservation principles and the rights of private property owners.
17.35.020 General Authorization
As a participating jurisdiction in the MSCP Subregional Planning effort, the City of Chula
Vista is promulgating these regulations to implement the Chula Vista MSCP Subarea Plan as a
condition of receiving an incidental take permit to be issued to the City pursuant to Section
10(a)(1)(B) of the Federal Endangered Species Act and take authorization to be issued to the City
pursuant to Section 2835 of the California Fish and Game Code.
17.35.030 Definitions
The following words and phrases, when used in this Chapter, shall be construed as defined
in this section:
75-100% Conservation Area - Lands for which hard-line Preserve boundaries have not yet been
established, but where development or impact is limited to 25% or less of the mapped area and
Preserve will total between 75% and 100% of the mapped area and where the conserved portion
will be managed for its biological resources. These mapped areas are shown on Figure 1-2 of the
Chula Vista MSCP Subarea Plan, as adopted on ____, and as may be amended from time to
time.
100% Conservation Area - Lands within the City of Chula Vista for which hard-line Preserve
boundaries have been established and where the conserved portion will be managed for its
biological resources. These areas are shown on Figure 1-2 of the Chula Vista MSCP Subarea P~n,
as adopted on ., and as may be amended from time to time.
Aericultural Operations - Soil disturbance activity for the preparation or maintenance of a site for
the cultivation of crops or other agricultural purposes where the activity has occurred continuously
within previous years, in compliance with all applicable regulations, and involves no
intensification of the use.
Appropriate Managing EntiW - The entity that manages any portion of the Preserve, including but
not limited to, the City, a third-party under the direct control of the City, or the Otay Ranch
Preserve Owner/Manager.
Biological and Open Space Easement - A permanent legal encumbrance to protect biological
resources and dedicate land to the Preserve. The biological and open space easement is also
referred to as a conservation easement.
Biological Functional Eouivalency - A modification to a Preserve boundary which results in a
Preserve configuration with a biological value that is equal to or higher than the original Preserve
configuration. The comparison of biological value is based on the "like or equivalent" exchange
concept for biological factors identified in Section 5.4.2 of the MSCP Subregional Plan.
Biologist - A person meeting the qualifications as established by the Director of Planning and
Building and approved by the same. At a minimum, the person shall have at least a four-year
college degree in biology, zoology, botany, wildlife management, or other closely related field,
with at least two years experience conducting field investigations in San Diego County.
Candidate Species - Those native species or subspecies of bird, mammal, fish, amphibian, reptile,
or plant that the California Fish and Game Commission has formally noticed as being under
review by CDFG for addition to either the list of endangered species or the list of threatened
species, or a species for which the Fish and Game Commission has published a notice of
proposed regulation to add the species to either list, pursuant to Section 2068 of the California Fish
and Game Code.
CDFG -Califomia Department of Fish and Game, a subdivision of the State of California charged
with administering the California Endangered Species Act and the Natural Community
Conservation Planning Act.
CEQA_ - The California Environmental Quality Act (Cal. Public Resources Code Section 2100 et
seq.), including all regulations promulgated pursuant to that Act.
Chula Vista Covered Species - Those Covered Species which are adequately conserved by the
Chula Vista MSCP Subarea Plan, together with other Subarea Plans within the MSCP Subregional
Plan Area in effect during the duration of the City's Section 10(a)(1)(B) permit issued by the
United States Fish and Wildlife Service (USFWS) and Take Authorization issued by CDFG, and
including Species Adequately Conserved. Adequate conservation for certain Chula Vista Covered
Species shall include the measures contained in the findings for those species in Table 3-5 of the
MSCP Subregional Plan.
Clearing - The cutting of Natural Vegetation by any means, without disturbance to the soil and
root system.
Clearine and Grubbine Permit - A permit issued pursuant to this chapter that allows clearing and
grubbing that is not in association with other Land Development Work.
Covered Project - Those projects within the City of Chula Vista or annexed into the City in which
hard-line Preserve boundaries have been established pursuant to the approved Chula Vista MSCP
Subarea Plan and where conservation in those designated areas shall be consistent with the MSCP
Subregional Plan and Chula Vista MSCP Subarea Plan and have or will be specified as binding
conditions of approval in such projects' plans and approvals. Covered projects are identified on
Table 5-1 of the Chula Vista MSCP Subarea Plan, as adopted on , and as may be
amended from time to time.
Covered Species Those species within the MSCP Subregional Plan which will be adequately
conserved by the MSCP when the MSCP is implemented through the Subarea Plans, and includes
Species Adequately Conserved and Chula Vista Covered Species.
Develol~ment - The uses to which land shall be put, including construction of buildings and
structures and all alterations of the land incidental thereto, excluding Agricultural Operations.
Develovment Areas - Mapped areas planned for development pursuant to the Chula Vista MSCP
Subarea Plan and within which the take of Chula Vista Covered Species is authorized by the
Section 10(a)(1)(B) Incidental Take Permit and Section 2835 Permit. These mapped areas are
shown on Figure 1-2 of the Chula Vista MSCP Subarea Plan, as adopted on , and as may
be amended from time to time.
Endanaered Svecies A species listed as "endangered" under the Federal Endangered Species Act
or the California Endangered Species Act.
Future Facilities - Facilities that are necessary to support City services or planned development in
the future and are not specifically listed in the Chula Vista MSCP Subarea Plan as a Planned
Facility.
Grading - Any excavating or filling or combination thereof and shall include the land in its
excavated or filled condition.
Grubbing - The removal of Natural Vegetation by any means, including removal of the root
system.
Land Develovment Permit - A permit issued pursuant to the Chula Vista Municipal Code Chapter
15.04.
Listed Non-Covered Species - A species listed as threatened or endangered under the Federal
E.S.A or Califomia Endangered Species Act, but for which a Section 10(a)(l)(B) Incidental Take
Permit or a Section 2835 Take Authorization has not been granted pursuant to the Chula Vista
MSCP Subarea Plan.
MSCP Implementation Guidelines - Guidelines formulated by the City of Chula V.ista to aid in the
interpretation and facilitate implementation of the Chula Vista MSCP Subarea Plan and HLIT
Ordinance. These Guidelines are complementary to the Chula Vista MSCP Subarea Plan and
HLIT Ordinance and do not include new substantive information or requirements. /
MSCP Suhre~ional Plan - The Multiple Species Conservation Program Plan, dated August 1998,
which addresses multiple species habitat needs and the preservation of native vegetation for a 900-
square mile area in southwestern San Diego County, California.
MSCP Subregional Plan Area - Consists of approximately 900 square miles in Southwestern San
Diego County, California, referred to in the MSCP Subregional Plan as the "MSCP Subregional
Plan Study Area."
Narrow Endemic Species - Species that are highly restricted by their habitat affinities or other
ecological factors. These species are listed in Table 5-4 of the Chula Vista MSCP Subarea Plan, as
adopted on , and as may be amended from time to time.
Natural Vegetation - Vegetation identified as Tier I, II or III on Table 5-3 of the Chula Vista
MSCP Subarea Plan, as adopted on , and as may be amended from time to time.
NCCP Act - The California Natural Community Conservation Planning Act of 1991, as amended
(California Fish and Game Code Section 2800 et seq.), including all regulations promulgated
pursuant to the Act. Amendments to the NCCP Act enacted effective January 1, 2003 (Chapter 4,
sections 1 and 2 of California statutes 2002 (S.B. 107)) expressly provide that the Chula Vista
Subarea Plan will be solely governed in accordance with the NCCP Act as it read on December 31,
2001, and not by the substantive provisions of S.B. 107.
Participatine Local Jurisdiction - Any of the 12 local governments within the MSCP Study Area
that may prepare a MSCP Subarea Plan and receive a Section 10(a)(l)(B) permit from the USFWS
and Section 2835 Permit from the CDFG.
Planned Facilities - Facilities that have been specifically identified by the City of Chula Vista to
serve development approved by the City and specified in Table 6-1 of the Chula Vista MSCP
Subarea Plan, as adopted on_ , and as may be amended from time to time.
Preserve - Areas within the City of Chula Vista incorporated limits which have been dedicated and
accepted by the City for permanent MSCP conservation and which will be managed for their
biological resources.
Project Area - An area considered for development and shall include the entire contiguous land
under the same ownership or like property interest, or in the case of development proposed by a
public agency, the area required for development as determined by the Director of Planning and
Building.
Section 10(a)(1)(B~ Permit - The pernfit issued by the USFWS to the City of Chula Vista under
Section 10(a)(1)(B) of the Federal Endangered Species Act (16 U.S.C 1539 (a)(1)(B)) to allow the
IncidentaI Take of Species Adequately Conserved and/or Chula Vista Covered Species, as
identified in the Chula Vista MSCP Subarea Plan, as adopted on , and as may be
amended from time to time, to the extent Take of such species is otherwise prohibited under
Section 9 of the Act. The Take of listed plant species is not prohibited under the ESA or
authorized under the Section 10(a)(I)(B) permit. However, plant species adequately conserved by
the Chula Vista Subarea Plan, or by the Chula Vista Subarea Plan in conjunction with other
approved MSCP Subarea Plans, are listed in the 10(a)(1)(B) permit in recognition of the
conservation measures and benefits provided for them under the approved Subarea Plans. Such
plant species receive assurances pursuant to the USFWS "No Surprises" Rule.
Section 2835 Permit - A permit issued by the CDFG to the City of Chula Vista under Section 2835
of the California NCCP Act to authorize the Take of Species Adequately Conserved and/or Chula
Vista Covered Species, as identified in the Chula Vista MSCP Subarea Plan, as adopted on
__ _, and as may he amended from time to time.
Sensitive Biological Resources - Lands that contain Natural Vegetation and/or Wetlands; and/or
habitat occupied by Covered Species, other Listed Non-Covered Species, and/or Narrow Endemic
Species.
Species Adequately Conserved - Those species for which the Chula Vista MSCP Subarea Plan
provides substantial conservation and for which the City of Chula Vista shall receive Take
Authorization regardless of the participation or continued participation of any other Participating
Local Jurisdiction.
Take Authorization - Permit authority granted through a Section 10(a)(1)(B) permit pursuant to
the ESA and/or the Section 2835 permit pursuant to the NCCP Act.
Temporary Impacts - Anticipated impacts that result during the course of construction but are not
part of the permanent developed condition of a Project Area.
Threatened Species - A species listed as "threatened" under the ESA or CESA.
USFWS - United States Fish and Wildlife Service, an agency of the United States Department of
Interior, charged with administering the Federal Endangered Species Act.
Wetlands - Wetlands are generally defined as those areas that are inundated or saturated by
surface or ground water at a frequency or duration sufficient to support a prevalence of vegetation
typically adapted for life in saturated soil conditions. For purposes of the Chula Vista MSCP
Subarea Plan, Wetlands are those lands which contain naturally occurring wetland communities
listed on Table 5-6 of the Chula Vista MSCP Subarea Plan and further described in Appendix B of
the Chula Vista MSCP Subarea Plan. Wetlands also include areas lacking wetland communities
due to non-permitted filling of previously existing Wetlands.
Wildlife Agencies - The USFWS and the CDFG.
17.35,040 General Application of Chapter
A. In conjunction with the earliest decision on any entitlement related to a Project Area after
(the effective date of the ordinance), such as Sectional Planning Area (SPA)
Plan approval, Design Review approval, conditional use permit, variance, parcel map
approval, tentative map approval, Land Development Permit, or Clearing or Grubbing permit
the applicant shall obtain a HLIT Permit in the following mapped areas identified in the Chula
Vista MSCP Subarea Plan, unless exempt pursuant to Section 17.35.050 of this Chapter:
1. 100% Conservation Areas;
2. 75-100% Conservation Areas; and
3. Development Areas outside of Covered Projects
It is unlawful to begin development on lands in mapped 100% Conservation Areas,
75-100% Conservation Areas, and Development Areas outside of Covered Projects without
submitting required documentation and obtaining a HLIT permit (including CEQA
compliance), or obtaining an exemption as required pursuant to this Chapter. If unlawful
development occurs on such lands and an enforcement action has been commenced by the
City, no development permit application may be processed until the enforcement action has
been concluded. Enforcement action may include penalties assessed for unpermitted clearing
and grubbing and could include increased replacement mitigation ratios.
17.35.050 Exemptions
A. The following are exempt from the requirements of this Chapter:
1. Development of a Project Area that is one acre or less in size and located entirely in a
mapped Development Area outside of Covered Projects.
2. ' Development of a Project Area which is located entirely within the mapped Development
Area outside Covered Projects, and where it has been demonstrated to the satisfaction of
the Director of Plmming and Building, or his/her designee, that no Sensitive Biological
Resources exist on the Project Area.
3. Development that is limited to interior modifications or repairs and any exterior repairs,
alterations or maintenance that does not increase the footprint of an existing building or
accessory structure, that will not encroach into identified Sensitive Biological Resources
during or after construction.
4. Any project within the Development Area of a Covered Project.
5. Any project that has an effective incidental take permit from the Wildlife Agencies.
6. Continuance of Agricultural Operations.
17.35.060 Application for HLIT Permit
The following are submittal requirements for projects that are not exempt from this
Chapter:
A. General Submittal Requirements
The following are general submittal requirements for all HLIT Permits:
1. Submit a completed application form to the City of Chula Vista Planning and Building
Department - Planning Division;
Provide copies cfa biological survey for the entire Project Area that is consistent with the
MSCP Implementation Guidelines and prepared by a Biologist. If the biological surveys
are conducted outside the acceptable time of year for identifying covered Narrow Endemic
Species, but the Biologist identifies indicators that Narrow Endemic Species could be
present in the Project Area, then surveys for Narrow Endemic Species must be conducted
during the acceptable time of year in accordance with the MSCP Implementation
Guidelines and must be conducted prior to consideration of issuance of an HLIT Permit by
the City. The HLIT Permit application will be held in abeyance until the applicant submits
subsequent surveys for Narrow Endemic Species conducted during the acceptable time of
year.
For Project Areas located in 100% Conservation Areas, 75-100% Conservation Areas,
Development Areas outside of Covered Projects with indicators or the presence of Narrow
Endemic Species or Wetlands, or as otherwise deemed necessary by the biological survey
as determined by the Director of Planning and Building, or his/her designee, the applicant
shall prepare and submit an Opportunities and Constraints Analysis to evaluate the
proposed development and its relationship to the Sensitive Biological Resources. The
opportunities and constraints identified shall be used to determine the portions of the
Project Area that are most suitable for development and those that should be conserved for
biological purposes. The Opportunities and Constraints Analysis shall include:
Written evaluation of such factors as biological resources, Sensitive Biological
Resources, historical resources, visual resources, public facilities needs, public safety
issues, conserved Sensitive Biological Resources on adjacent lands, and adjacent land
uses;
For Project Areas in 75-100% Conservation Areas, written description of how the
proposed project has been limited to the least environmentally sensitive portions of the
mapped 75-100% Conservation Area within the Project Area in accordance with the
MSCP Implementation Guidelines;
For Project Areas containing the siting of proposed Plamaed or Future Facilities in
100% Conservation Areas and 75-100% Conservation Areas, a written analysis that
demonstrates to the satisfaction of the decision maker that the facilities siting criteria
in Section l 7.35.100.A.4.c have been met.
d. Map of the Project Area at a suitable scale, which includes and clearly delineates, to
the satisfaction of the Director of Planning and Building, the following information:
(1) Identification of Sensitive Biological Resources;
(2) Limits of proposed development, including areas to be impacted on a temporary
basis, if Sensitive Biological Resources are avoided;
(3) Limits of the proposed development, including areas to be impacted on a
temporary basis, if Sensitive Biological Resources are impacted; and
(4) Limits of any mitigation area(s) proposed within the Project Area.
e. Written description of proposed mitigation, including:
(1) How biological values of the mitigation area are equal to or greater than the
impacted area; /
(2) Biological and Open Space Easement or other legal method proposed to ensure
permanent conservation of the land for biological purposes;
(3) Long-term methods to ensure protection and management of the habitats and
Covered Species, which may include but not be limited to funding; and
(4) Long-term biological viability of the proposed mitigahon if it is not within or
immediately adjacent to a 100% Conservation Area.
Any other requirements deemed necessary by the Director of Planning and Building for
consideration of the proposed HLIT Permit application.
5. Payment of applicable fees'and/or deposits in accordance with the City's Master Fee
Schedule.
B. Additional Submittal Requirements for Project Areas that Contain any Covered
Narrow Endemic Species
In addition to the submittal requirements listed in Section 17.35.060 (A), the following
written information shall be provided by the applicant when the biological survey
identifies any Narrow Endemic Species within the Project Area:
a. A graphic depiction of all covered Narrow Endemic Species located in the Project
Area;
b. A written biological description of the status of the covered Narrow Endemic
Species;
Quantification of both preservation of Narrow Endemic Species and impacts to
Narrow Endemic Species associated with the project including direct and indirect
effects on an area and individual plant basis;
d. Written report of the feasibility or infeasibility of total avoidance of Narrow
Endemic Species' population(s);
Written description of project design features that reduce indirect effects such as
edge treatments, landscaping, elevation differences, minimization and/or
compensation through restoration or enhancement;
f. Any other requirements deemed necessary by the Director of Planning and
Building for consideration of the proposed HL1T Permit application.
When the applicant proposes to impact any Narrow Endemic Species population within
the Project Area in excess of the 5% threshold in 100% Conservation Areas, as identified
in Section 5.2.3.4 of the Chula Vista MSCP Subarea Plan, and the 20% threshold in 75-
100% Conservation Areas and Development Areas outside of Covered Projects, as
identified in Section 5.2.3.5 and 5.2.3.3, respectively, of the Chula Vista MSCP Subarea
Plan, the applicant shall submit a written analysis that demonstrates the project would
result in an overall Preserve design and configuration biologically superior to that which
would occur under a project alternative within the 5% or 20% threshold. The apphcant
shall submit to the City a written analysis addressing the following factors that
demonstrates to the satisfaction of the City the proposed project is the biologically
superior alternative:
a. Effects on conserved habitats;
b. Effects on Covered Species;
c. Effects on habitat linkages and function of Preserve areas;
d. Effects on Preserve co.nfiguration and management;
e. Effects on ecotones or other conditions affecting species divemity; and
f. Effects on Listed Non-Covered Species or other species of concern not covered by the
Chula Vista MSCP Subarea Plan.
C. Additional Submittal Requirements for Project Areas that Contain Wetlands
1. In addition to the submittal requirements listed in Section 17.35.060 (A) and (B), as
applicable, the following written information shall be provided by the applicant when the
biological survey identifies Wetlands within the Project Area:
a. A graphic depiction of all Wetlands located in the Project Area;
b. A written biological description of the status of the Wetlands;
c. Quantification of proposed impacts to Wetlands associated with the project;
d. Written analysis of the inability to avoid impacts to Wetlands;
e. Written description of project design features that minimize impacts to Wetlands;
f. Any other requirements deemed necessary by the Director of Planning and Building
for consideration of the proposed HLIT Permit application.
17.35.070 Permit Process
The HLIT Permit shall be acted upon in one of the following manners:
When an applicant applies for more than one permit, map, or other approval for a
single development, the applications shall be consolidated for processing and shall be
reviewed by a single decision maker. The decision maker shall act ox~ the consolidated
application at the highest level of authority for that development. The findings required for
approval of each permit shall be considered individually, consistent with Section 17.35.080 of
this Chapter.
The HLIT Permit may be approved, approved with conditions, or denied by the
Director of Planning and Building, or his/her designee without a public hearing in accordance
with Section 19.14.030 of the Chula Vista Municipal Code, in the following circumstances:
Any Planned Facility project listed in Table 6-1 of the Chula Vista MSCP Subarea
Plan that only impacts Natural Vegetation and does not impact habitat occupied by
Covered Species, Listed Non-Covered Species, Narrow Endemic Species, or Wetlands.
Any Future Facility project listed in Table 6-2 of the Chula Vista MSCP Subarea
Plan associated with a Covered Project that only impacts Natural Vegetation and does not
impact habitat occupied by Covered Species, Listed Non-Covered Species, Narrow
Endemic Species or Wetlands.
For all other HLIT Permit applications, the Director of Planning and Building, and or
his/her designee, may approve, conditionally approve, or deny such permit at a public hearing
noticed in accordance with Section 19.14.180 of the Chula Vista Municipal Code. The
Director of Planning and Building decision may be appealed to the City Council in accordance
with Sections 19.14.I 10 and 19.14.130 of the Chula Vista Municipal Code.
17.35.080 Required Findings for Issuance of an HLIT Permit
A. In order to approve or con~litionally approve a HLIT Permit, all of the following written
findings shall be made by the decision-maker:
The proposed development in the Project Area and associated mitigation is consistent with
the Chula Vista MSCP Subarea Plan, as adopted on , and as may be amended
from time to time, the MSCP Implementation Guidelines, and the development standards
set forth in Section 17.35.100 of this Chapter.
The Project Area is physically suitable for. the design and siting of the proposed
development and the development results in minimum disturbance to Sensitive Biological
Resources, except impacts to Natural Vegetation in mapped Development Areas.
3. The nature and extent of mitigation required as a condition of the permit is reasonably
related to and calculated to alleviate negative impacts created in the Project Area.
B. In order to approve or conditionally approve an HLIT Permit where the Project Area contains
Narrow Endemic Species, all of the following additional written findings shall be made by the
decision maker:
1. Narrow Endemic Species' populations within the Project Area have been avoided
or total avoidance is infeasible.
2. If impacts to Narrow Endemic Species have not been avoided, one of the
following findings shall be made:
a. In cases where impacts to covered Narrow Endemic Species' populations
within the Project Area have been limited to 5% in 100% Conservation Areas, and
20% in 75-t00% Conservation Areas and Development Areas outside of Covered
Projects, the proposed project design, including mitigation, will result in conservation
of the species that is functionally equivalent to its status without the project, including
species numbers and area, and must ensure adeq~uate Preserve design to protect the
species in the long-term; or
b. In cases where the 5% or 20% Narrow Endemic Species impact threshold has
been exceeded, the proposed project design, including mitigation, results in a Preserve
design for the Narrow Endemic Species population within the Project Area that is
biologically superior to the Preserve design that would occur if the impact had been
limited to 5% in 100% Conservation Areas or 20% in 75-100% Conservation Areas
and Development Areas outside of Covered Projects.
C. In order to approve or conditionally approve an HLIT Permit where the Project Area contains
Wetlands, all of the following additional written findings shall be made by the decision maker:
Prior to issuance of a Land Development Permit or Clearing and Caubbing Permit, the
project proponent will be required to obtain any applicable state and federal permits, with
copies provided to the Director of Planning and Building, or his/her designee.
2. Where impacts are proposed to Wetlands the following findings shall be made:
Impacts to Wetlands have been avoided and/or minimized to the maximum extent
practicable, consistent with the City of Ch.ula Vista MSCP Subarea Plan Section 5.2.4;
and
b. Unavoidable impacts to Wetlands have been mitigated pursuant to Section 17.35.110
of this Chapter.
17.35.090 General MSCP Development Regulations
The following development regulations apply to all development proposals in a Project
Area that do not qualify for an exemption from this Chapter and are proposed in 100%
Conservation Areas, 75-100% Conservation Areas, or Development Areas outside of Covered
Projects:
A. All development proposals regulated by this Chapter shall be consistent with the
Chula Vista MSCP Subarea Plan and MSCP Implementation Guidelines.
Overall development within the Project Area, including public facilities and circulation,
shall be located to minimize impacts to Sensitive Biological Resources, in accordance with
this Chapter, the Chula Vista MSCP Subarea Plan and the MSCP Implementation
Guidelines.
Pursuant to Chapter 15.04 of the Chula Vista Municipal Code, no Land Development or
Clearing and Grubbing Permit which allows clearing, grubbing, or grading of Natural
Vegetation shall be issued for any portion o£a Project Area where impacts are proposed to
Wetlands or Listed Non-covered Species until all applicable federal and state permits
have been issued.
Impacts to Wetlands shall be avoided to the maximum extent practicable. Where impacts
to Wetlands are not avoided, impacts shall be minimized and mitigated pursuant to Section
17.35.110 of this Chapter.
No temporary disturbance or storage of material or equipment is permitted in Sensitive
Biological Resources, unless the disturbance or storage occurs within an area approved'by
the City for development or unless it can be demonstrated that the disturbance or storage
will not cause permanent habitat loss and the land will be revegetated and restored in
accordance with the MSCP Implementation Guidelines.
Grading during wildlife breeding seasons shall be avoided or modified consistent with the
requirements of the Chula Vista MSCP Subarea Plan and in accordance with the MSCP
Implementation Guidelines.
All fuel modification (brash management) zones required as a result of new developmem,
and as required by the City of Chula Vista Fire Marshal, shall be located outside the
Preserve.
17.35.100 Specific MSCP Land Use and Development Regulations
In addition to the General MSCP Development Regulations listed in Sechon 17.35.090 of
this Chapter, the following specific land use and development regulations shall apply to all land
uses and to development proposals in a Project Area that do not qualify for an exemption from this
Chapter:
A. Land uses and development are permitted within the 100% Conservation Areas consistent with
the Chula Vista MSCP Subarea Plan and this Section. If any portion of the Project Area is
located within a 100% Conservation Area, the following regulations shall apply to that portion
of the Project Area located within the 100% Conservation Area:
I. Uses Permitted
The following uses are permitted in 100% Conservation Areas:
a. Access for litter and trash removal, maintenance, repair, and refurbishment;
b. Replacement of structures in existing locations;
c. Passive recreation such as hiking and bird watching;
Other recreation such as mountain biking, horse back riding, boating, sun bathing,
fishing, and swimming as in accordance with an approved project, an approved area-
specific management directive or as determined by the appropriate managing entity;
Fencing that does not significantly, adversely effect the full functioning of the
Preserve, including wildlife movement as approved by the appropriate managing
entity;
Scientific research related to habitat conservation, monitoring and habitat restoration
and enhancement activities, subject to approval by the appropriate managing entity;
and
g. Access for law enforcement agencies, fire control agencies, the National Guard, the
Immigration and Naturalization Service (INS), and Border Patrol;
Existing uses operating legally at the time take authorization is granted to the City by
the Wildlife Agencies until the land has been provided to the City or other entity by an
Irrevocable Offer of Dedication or conveyed by easement or fee title to the Preserve,
whichever comes first, including:
(l) Existing, permitted uses allowed by right in Chapter 19 of the Chula Vista
Municipal Code (Zoning Ordinance); ,
(2) Uses deemed to be legal, non-conforming uses pursuant to Chapter 19 of the
Chula Vista Municipal Code (Zoning Ordinance);
(3) Accessory and conditionally permitted uses pursuant to Chapter 19 of the Chula
Vista Municipal Code (Zoning Ordinance);
(4) Existing agricultural and grazing uses outside of Otay Ranch;
(5) Existing agricultural and grazing uses within Otay Ranch in accordance with
Chapter 17 of the Chula Vista Municipal Code (Otay Ranch Grazing Ordinance);
and
(6) Existing mining, extraction and processing facilities consistent with the Chula
Vista MSCP SUbarea Plan.
2. Conditionally Compatible Uses
The following uses are conditionally permitted in 100% Conservation Areas, consistent
with the Chula Vista Subarea Plan:
a. New Mining Extraction and Processing Facilities; and
b. Flood control; and
c. Roads and infrastructure; and
d. Other Plaimed Facilities not covered under c above; and
e. Other Future Facilities not covered under c above; and
f. Otay Valley Regional Park Plan Uses.
3. The following uses are not permitted:
a. The following uses shall not be permitted without prior issuance of the appropriate
permit from the City:
1. Clearing and/or grubbing of Natural Vegetation, for purposes unrelated to
biological enhancement, prior to issuance of a Clearing and Grubbing Permit;
2. Clearing and/or grubbing of Natural Vegetation, for purposes unrelated to
biological enhancement, grading, excavation, or placement of soil, rock, sand,
gravel or other material prior to issuance of a Land Development Permit;
3. Construction or placement of any building or structure prior to the issuance of a
Building Permit;
b. Recreational off-highway vehicle use; and
c. Storage of materials such as chemicals and equipment; and
d. Dispersal ofbiosolids.
4. Development Standards
a. Development shall be limited to the maximum extent practicable to achieve project
objectives and shall be located on the least environmentally sensitive portions of the
Project Area in accordance with the MSCP Implementation Guidelines. Such
development shall be designed to avoid impacts to covered species to the maximum
extent practicable. Encroachment into more environmentally sensitive areas shall only
be authorized to achieve project objectives.
b. Development must avoid impacts to covered Narrow Endemic Species to the
maximum extent practicable. A list of the covered Narrow Endemic Species is
included in the Chula Vista MSCP Subarea Plan and MSCP Implementation
Guidelines. Measures for protection of Narrow Endemic Species shall be required
such as management, enhancement, restoration and/or transplantation in accordance
with the MSCP Implementation Guidelines.
(1)
Where impacts to a covered Narrow Endemic Species population are
demonstrated to be unavoidable, impacts shall be limited to 5% of the total
Narrow Endemic Species population within the Project Area, except as provided
by Section 17.35.100.A.4.b(2) of this Chapter. Written findings of equivalency
must be made by the City in accordance with Section 17.35.080.B of this Chapter.
The City will forward its written findings of equivalency to the Wildlife Agencies.
The Wildlife Agencies may submit to the City, within 30 days of a receipt of
mailed notice of written findings from the City, a written finding of non-
concurrence on the facts of the City's findings. If such written finding of non-
concurrence is made within 30 days of receipt of mailed notice of findings from
the City, the City must confer with the Wildlife Agencies to resolve Narrow
Endemic Species issues with the proposed development. If the Wildlife Agencies
do not respond within 30 days after receipt of mailed notice, the City shall deem
the written findings accepted.
(2)
If, after comprehensive consideration of avoidance and minimization measures,
impacts exceed 5% of the covered Narrow Endemic Species population within the
Project Area, a determination of biologically superior preservation, must be made
in accordance with Section 17.35.080.B of this Chapter. The City will forward its
written determination of biologically superior preservation to the Wildlife
Agencies for review. The Wildlife Agencies may submit to the City, within 30
days of receipt of mailed notice of findings from the City, a written finding of
non-concurrence on the facts of the City's findings. If such written finding of
non-concurrence is made within 30 days of receipt of mailed notice of findings
from the City, the City must confer with the Wildlife Agencies to resolve Narrow
Endemic Species issues with the proposed development. If the Wildlife Agencies
do not respond within 30 days after receipt of mailed notice, the City shall deem
the written findings accepted.
c. Development of Planned and Future Facilities shall be in accordance w/th the
following siting criteria:
(1) Planned and Future Facilities shall be located through develOped or developing
areas where feasible and shall use existing roads, trails, and disturbed areas to the
maximum extent practicable.
(2) Planned and Future Facilities shall avoid, to the maximum extent practicable,
impacts to Sensitive Biological Resources and Covered Species. Where avoidance
of Sensitive Biological Resources and Covered Species has been demonstrated by
(3)
(4)
(5)
(6)
d. No
the applicant to be infeasible, impacts to Sensitive Biological Resources and
Covered Species resulting from Planned and Future Facilities shall be minimized
and located in the least environmentally sensitive portion of the Project Area in
accordance with the MSCP Implementation Guidelines.
Planned and Furore Facilities shall avoid, to the maximum extent practicable,
impacts to Wetlands. If avoidance of Wetlands is not possible, any impacts to
Wetlands shall require mitigation in accordance with Section 5.2.4 and Table 5-6
of the Chula Vista MSCP Subarea Plan, as adopted on _, and as may be
amended from time to time.
Where roads traverse the Preserve, they shall, to the maximum extent practicable,
provide for wildlife movement in areas that are graphically depicted on and listed
in the MSCP Subregional Plan Generalized Core Biological Resource Areas and
Linkages map (see Figure 1- 4 of the Chula Vista MSCP Subarea Plan) as a core
biological area or a regional linkage between core biological areas.
At wildlife crossings, road bridges for vehicular traffic shall be preferred over box
culverts and pipe culverts. Box culverts shall only be used when they can achieve
the wildlife movement goals for the specific location. To the maximum extent
practicable, wildlife crossings shall be designed as follows:
(a) The substrate shall be left in a natural condition and planted with native
vegetation if appropriate;
(b) A line-of-sight from one end to the other shall be provided; and
(c) Low-level illumination shall be installed.
To minimize habitat disruption, habitat fragmentation, impediments to wildlife
movement, and impacts to breeding areas, roads and/or right-of-way widths shall
be narrowed from existing City design and engineering standards to the maximum
extent practicable.
single Future Facility project shall permanently impact more than two acres of
covered habitat without concurrence from the Wildlife Agencies. Temporary Impacts
associated with Future Facilities shall not be included in the limitations for permanent
impacts to Natural Vegetation, however, all areas of Temporary Impacts shall~ be
revegetated pursuant to the MSCP Implementation Guidelines. If the two-acre single
project threshold is to be exceeded, the City shall notify in writing and provide
applicable project information to the Wildlife Agencies. The Wildlife Agencies may
submit to the City, within 30 days of a receipt of mailed notice and information from
the City, a written response of non-concurrence. If such written finding of non-
concurrence is made within 30 days of receipt of mailed notice from the City, the City
shall confer with the Wildlife Agencies to resolve the Future Facility issue. If the
Wildlife Agencies do not respond within 30 days after receipt of mailed notice, the
City shall deem the written findings accepted.
The cumulative permanent impacts to covered habitats from all Future Facilities for ali
projects shall not exceed a total of 50 acres without concurrence from the Wildlife
Agencies. If the 50-acre threshold is to be exceeded, the City shall notify in writing
and provide applicable project information to the Wildlife Agencies. The Wildlife
Agencies may submit to the City, with/n 30 days of a receipt of mailed notice and
information from the City, a written response of non-concurrence. If such written
finding of non-concurrence is made within 30 days of receipt of mailed nohce from
the City, the City shall confer with the Wildlife Agencies to resolve the Future Facility
issue. If the Wildlife Agencies do not respond within 30 days after receipt of mailed
notice, the City shall deem the written findings accepted.
f. Mitigation shall be provided pursuant to Section 17.35.110 of this Chapter.
g. For construction areas adjacent to occupied Quino checkerspot butterfly habitat, dust
control measures (e.g. watering) will be applied during grading activities.
B. Land uses and development are permitted within 75-100% Conservation Areas consistent with
the Chula Vista MSCP Subarea Plan and this Section. If any portion of the Project Area is
located within a 75-100% Conservation Area, the following shall apply to that portion of the
Project Area located within the 75-100% Conservation Area:
1. Land Uses Permitted
a. Permitted land uses include those uses permitted in the underlying zone.
2. Development Standards
Development shall be permitted in 25% of the 75-100% Conservation Area within the
Project Area. Projects shall be designed to avoid impacts to Covered Species to the
maximum extent practicable and the 25% Development Area shall be located on the
least environmentally sensitive portions of the 75-100% Conservation Area within the
Project Area. The following list, in order of increasing sensitivity, shall be used to
determine the least environmentally sensitive portions of the 75-100% Conservation
Area within the Project Area. This list shall be used in combination with site-specific
biological information submitted pursuant to Section 17.35.060 of this Chapter, and
with other considerations such as but not limited to, potential edge-effects from
existing and proposed development, Preserve configuration, habitat quality, wildlife
movement, and topography.
(1) Areas devoid of vegetation, including previOusly graded areas and agricultural
fields; /
(2) Areas of non-native vegetation, disturbed habitats and eucalyptus woodlands;
(3) Areas of chamise or mixed chaparral, and non-native grasslands;
(4) Areas containing coastal scrub communities;
(5) All other upland habitat communities;
(6) Occupied habitat of listed species, Narrow Endemic Species, and all Wetlands;
and
(7) All areas necessary to maintain the viability of wildlife corridors.
Development shall avoid impacts to covered Narrow Endemic Species to the
maximum extent practicable. A list of the covered Narrow Endemic Species is
included in the Chula Vista MSCP Subarea Plan and MSCP Implementation
Guidelines. Measures for protection of Narrow Endemic Species shall be required
such as management, enhancement, restoration and/or transplantation in accordance
with the MSCP Implementation Guidelines.
(1)
Where impacts to a covered Narrow Endemic Species population are
demonstrated to be unavoidable, impacts shall be limited to 20% of the total
Narrow Endemic Species population within the Project Area, except as provided
by Section 17.35.100.B.2.b(2) of this Chapter. Written findings of equivalency
will be made by the City in accordance with Section 17.35.080.B of this Chapter.
(2)
If, after comprehensive consideration of avoidance and minimization measures,
impacts exceed 20% of the covered Narrow Endemic Species population within
the Project Area, a written determination of biologically superior preservation,
must be made by the City in accordance with Section 17.35.080.B of this Chapter.
The City will for~vard its written determination of biologically superior
preservation to the Wildlife Agencies for review. The Wildlife Agencies may
submit to the City, within 30 days of receipt of mailed notice of findings from the
City, a written finding of non-concurrence on the facts of the City's findings. If
such written finding of non-concurrence is made within 30 days of receipt of
mailed notice of findings from the City, the City must confer with the Wildlife
Agencies to resolve Narrow Endemic Species issues with the proposed
development. If the Wildlife Agencies do not respond within 30 days after receipt
of mailed notice, the City shall deem the written findings accepted.
c. Mitigation shall be provided pursuant to Section 17.35.110 of this Chapter.
C. Land uses and development are permitted within Development Areas outside of Covered
Projects consistent with the Chula Vista MSCP Subarea Plan and this Section. If any portion
of the Project Area is located within a Development Area, the following regulations shall
apply to that portion of the Project Area located within the Development Area outside of
Covered Projects:
Land Uses Permitted
a. Permitted land uses include those uses permitted in the underlying zone.
2. Development Standards
a. Encroachment into Natural Vegetation is not limited except as may be provided by
Section l 7.35:090 (A)(2) and/or (A)(3) of this Chapter.
Development shall avoid impacts to covered Narrow Endemic Species to the
maximum extent practicable. A list of the covered Narrow Endemic Species is
included in the Chula Vista MSCP Subarea Plan and the MSCP Implementation
Guidelines. Measures for protection of Narrow Endemic Species shall be required
such as management, enhancement, restoration and/or transplantation in accordance
with the MSCP Implementation Guidelines.
(1) Where impacts to a covered Narrow Endemic Species population are
demonstrated to be unavoidable, impacts shall be limited to 20% of the total
Narrow Endemic Species population within the Project Area, except as provided
in Section 17.35.100.C.2.b(2) of this Chapter. Written findings of equivalency
will be made by the City in accordance with Section 17.35.080.B of this Chapter.
(2)
If, after comprehensive consideration of avoidance and minimization
measures, impacts exceed 20% of the covered Narrow Endemic Species
population within the Project Area, a written determination of biologically
super/or preservation, will be made by the City in accordance with Section
17.35.080.B of this Chapter. The City will forward its written
determination of biologically superior preservation to the Wildlife
Agencies for review. The Wildlife Agencies may submit to the City,
within 30 days of receipt of mailed notice of findings from the City, a
written finding of non-concurrence on the facts of the City's findings. If
such written finding of non-concurrence is made within 30 days of receipt
of mailed notice of findings from the City, the City must confer with the
Wildlife Agencies to resolve Narrow Endemic Species issues with the
proposed development. If the Wildlife Agencies do not respond within 30
days after receipt of mailed notice, the City shall deem the written
findings accepted.
c. Mitigation shall be provided pursuant to Section 17.35.110 of this Chapter.
17,35.110 Mitigation
Where mitigation for project impacts is required pursuant to this Section, the level and type
of mitigation shall be consistent with the Chula Vista MSCP Subarea Plan, as adopted on
, and as may be amended from time to time and the MSCP Implementation Guidelines.
The following mitigation standards shall be applied to impacts within 100% Conservation Areas,
75-100% Conservation Areas and Development Areas outside of Covered Projects:
A. The following mitigation standards shall be applied to 100% Conservation Areas:
Permanent impacts to Natural Vegetation resulting from construction of Planned Facilities
associated with Covered Projects shall not require mitigation. These impacts have already
been considered tn the project-spemfic conditions of coverage and/or m~t~gat~on for each
Covered Project.
Permanent impacts to Natural Vegetation resulting from construction of Future Facilities
associated with Covered Projects where the impact to Sensitive Biological Resources is
less than or equal to two acres and the 50-acre threshold identified in Section
17.35.100.A..4.d of this Chapter has not been exceeded shall not require mitigation.
Permanent impacts to Natural Vegetation resulting from construction of Future Facilities
not associated with Covered Projects shall be mitigated pursuant to the mitigation
standards contained in Table 5-3 of the Chula Vista MSCP Subarea Plan, as adopted on
_, and as may be amended from time to time.
Mitigation for permanent impacts to Narrow Endemic Species populations shall be
determined on a case-by-case basis by the Director of Planning and Building, or his/her
designee, and may include such measures as management, enhancement, restoration and/or
transplantation. Mitigation shall be in-kind and mitigation ratios for such measures shall
be required at a 1:1 to 3:l ratio depending on the sensitivity of the species and population
size and in accordance with Section 5.2.3 of the Chula Vista MSCP Subarea Plan, as
adopted on , and as may be amended from time to time and the MSCP
Implementation Guidelines.
Impacts to Wetlands shall be mitigated pursuant to Section 5.2.4 and Table 5-6 of the
Chula Vista MSCP Subarea Plan, as adopted on , and as may be amended from
time to time.
Temporary Impacts to Sensitive Biological Resources resulting from construction of
Planned and Future Facilities shall be revegetated pursuant to the MSCP Implementation
Gmdelines.
B. The following mitigation standards shall be applied to 75-100% Conservation Areas:
Impacts to Natural Vegetation shall not require mitigation. As a condition of permit
issuance, Natural Vegetation outside the Development Area as determined by the HLIT
Permit, shall be left in a natural state and uses shall be consistent with Section
17.35.100.A.1-3.
Mitigation for impacts to Narrow Endemic Species populations shall be determined on a
case-by-case basis by the Director of Planning and Building, or his/her designee, and may
include such measures as management, enhancement, restoration and/or transplantation.
Mitigation shall be in-kind and mitigation ratios for such measures shall be at a 1:I to 3:1
ratio depending on the sensitivity of the species and population sizzle and in accordance
with Section 5.2.3 of the Chula Vista MSCP Subarea Plan, as adopted on , and
as may be amended from time to time and the MSCP Implementation Guidelines.
Impacts to Wetlands shall be mitigated pursuant to Section 5.2.4 and Table 5-6 of the
Chula Vista MSCP Subarea Plan, as adopted on , and as may be amended from
time to time.
C. The following mitigation standards shall be applied to Development Areas outside of Covered
Projects: /
Permanent impacts to Natural Vegetation shall be mitigated pursuant to the mitigation
standards contained in Table 5-3 of the Chula Vista MSCP Subarea Plan, as adopted on
, and as may be amended from time to time.
Mitigation for permanent impacts to Narrow Endemic Species populations shall be
determined on a case-by-case basis by the Director of Planning and Building, or his/her
designee, and may include such measures as management, enhancement, restoration and/or
transplantation. Mitigation shall be in-kind and mitigation ratios for such measures shall
be at a 1:1 to 3:1 ratio depending on the sensitivity of the species and population size and
in accordance with Section 5.2.3 of the Chula Vista MSCP Subarea Plan, as adopted on
, and as may be amended from time to time and the MSCP Implementation
Guidelines.
Impacts to Wetlands shall be mitigated pursuant to Section 5.2.4 and Table 5-6 of the
Chula Vista MSCP Subarea Plan, as adopted on , and as may be amended from
time to time.
17.35.120 Biological and Open Space Easement
A. When required, the applicant shall draft and submit a Biological and Open Space Easement
(Conservation Easement) that includes the following:
1. A legal description of the premises affected by the permit with a description of the
mitigation area and the Sensitive Biological Resources that will be preserved;
To impart notice to all persons to the extent afforded by the recording laws of the state
regarding the restrictions affecting use of the Sensitive Biological Resoumes covered by
the permit;
3. To ensure that the burdens of the easement shall be binding upon, and the benefits of the
easement shall ensure to, all successors an interest to the affected land;
To ensure enforceability of the biological and open space easement by the City, or jointly
and severally by the City, the U.S. Fish and Wildlife Service, and the California
Department of Fish and Game in those instances when the biological and open space
easement affects land containing Sensitive Biological Resources or other lands that have
been accepted as mitigation, and
5. Uses consistent with those listed in Section 17.35.100.A. 1-2 of this Chapter.
A public hearing shall be held to consider a formal, written request directed to the City by any
person requesting the release of a biological and open space easement recorded pursuant to
this Chapter. A release of any biological and open space easement recorded pursuant to this
Chapter shall be recorded by the City only when it is determined by the City that restriction of
the property is no longer necessary to achieve the land use goals of the City. A determination
by the City to release said easement may be made only with the written concurrence of the
U.S. Fish and Wildlife Service and the California Department ofFish and Game.
17.35.130 Deviation from Habitat Loss and Incidental Take Regulations
A. When a deviation is requested from this Chapter because the applicant contends that strict
application of this Chapter would result in denial of all economically viable use, the HLIT
Permit shall include a determination of economically viable use. Where a deviation is
requested from this Chapter, it may be approved or conditionally approved only if the
decision-maker makes ail of the following supplemental findings in addition to the applicable
findings in Section I7.35.080 of this Chapter:
Based on the economic information provided by the applicant, as well as any other
relevant evidence, each use provided for in this Chapter would not provide any
economically viable use of the applicant's property;
2. The use proposed by the applicant is consistent with the applicable zoning;
3. The use and project design; siting, and size are the minimum necessary to provide the
applicant with an economically viable use of the Project Area; and
The development proposal is the least environmentally damaging alternative and is
consistent with all provisions of the Chula Vista MSCP Subarea Plan, as adopted on
, and as may be amended from time to time and this Chapter, with the exception
of the provisions for which the deviation is requested.
B. The process for a deviation shall be in accordance with Section 17.35.070 of this Chapter.
17.35.140 Emergencies
Whenever development activity within Sensitive Biological Resources, as identified in the
City of Chula Vista MSCP Subarea Plan, is deemed necessary by order of the City Manager to
protect the public health or safety, the City Manager may authorize, without a public hearing, the
minimum amount of impact necessary to protect the public health or safety, subject to the
following:
A. If the emergency work involves only temporary impacts to, Sensitive Biological Resources, a
HLIT Permit is not required, provided the Sensitive Biological Resources are restored to their
natural state in accordance with a revegetation plan approved by the Director of Planning and
Building, or his/her designee. The revegetation plan shall be submitted to the City within 60
days of completion of the emergency work.
If the emergency work results in permanent impacts to Sensitive Biological Resources, a
subsequent HLiT Permit is required in accordance with all regulations of this Chapter. The
application for the HLIT Permit shall be submitted within 60 days of completion of the
emergency work.
17.35.150 City Responsibility to Publish Guidelines
The City Manager is authorized to promulgate and publish MSCP Implementation
Guidelines and other support documents as necessary to implement this Chapter. These
administrative guidelines shall serve as baseline standards for processing SPA Plans,
Design Review applications, conditional use permits, variances, parcel maps, tentative
maps, Land Development Permits or Clearing and Grubbing Permits pursuant to this
Chapter. Any revisions to the MSCP Implementation Guidelines will require review and
approval by the City Manager. ~
17.35.160 Violations and Remedies
The provisions of this Chapter shall be enforced pursuant to the provisions of Chapters
.20 through 1.41 of the Chula Vista Municipal Code.
17.35.170 Conflicts
Except for exempt projects, if a conflict occurs between this Chapter and Chapter 15.04 of
the Chula Vista Municipal Code, the stricter regulation shall apply.
17.35.180 Local CoastalProgram ·
Prior to issuance of an HLiT Permit for any project located within the Chula Vista Local
Coastal Plan (LCP) area, the applicant shall obtain a determination of project consistency with the
Chula Vista LCP from the Director of Planning and Building. If the project cannot be deemed
consistent with the LCP, an LCP amendment must be completed prior to issuance of the HLIT
perrmt.
Section II. Adoption of this ordinance (Second Reading) is conditioned upon the issuance
of Take Authorizations from the USFWS and CDFG to the City of Chula Vista has
occurred in a form acceptable to the City.
Section III. This ordinance shall take effect and be in force on the thirtieth day from and
after the adoption of the ordinance (Second Reading) which shall occur as stated above.
Presented by
Approved as to form by
Robert A. Leiter
Planning and Building Director
J:Attomey\Ordinance\H LIT. I doc
City Attorney
AN ORDINANCE OF THE CITY COUNCIL OF THE.C~&.~Y~
CHULA VISTA APPROVING AMENDMENTS...Tx4~4TB~E~3ALT
CREEK RANCH PLANNED CO .~IVI~' DISTRICT
REGULATIONS TO AMEND THE..Zt~I~3'DISTRICTS MAP
AND PROPERTY DEVELOPMEN~I'TadgDARDS TO DELETE
NEIGHBORHOOD 13, CHANGE THE DESIGNATION OF
NEIGHBORHOOD 9 FROM SFE TO SF1 AND REDUCE THE
MINIMUM LOT SIZE OF NEIGHBORHOOD 9 FROM 15,000 TO
10,000 SQUARE FEET.
RECITALS
A Project Site
WHEREAS, the areas of land which are the subject of this Resolution are diagrammatically
represented in Exhibit "A" and hereto incorporated herein by this Resolution, and commonly known
as Rolling Hills Ranch Subarea III and consist of 606.9 acres located north of Proctor Valley Road
and east of Hunte Parkway, within the Rolling Hills Ranch (formerly Salt Creek Ranch) Planned
Community("Project Site");.and
B. Project; Application for Discretionary Approvals
WHEREAS, on October 15,200 l, Pacific Bay Properties and as assumed by its successor in
interest ("Developer") filed applications with the Planning and Building Department of the City of
Chula Vista requesting, amendments to the City of Chula Vista General Plan and Salt Creek Ranch
General Development Plan and Sectional Planning Area Plan due to density changes within 606.9
acres within the Rolling Hills Ranch development known as Subarea III ("Project"); and
WHEREAS, the amendments to the Salt Creek Ranch General Development Plan and
Sectional Planning Area Plan consist of: 1) elimination of Neighborhood 13 and replace this area as
open space, 2) adjust the land use boundaries of Neighborhood 9, 10A, 10B, 11 and 12;3) transfer
residential units lost by the elimination of Neighborhood 13 to other neighborhoods within Subarea
III and 4) change the land use designation of Neighborhood 9 from SF1 to SFE and reduce the
minimum lot size requirement from 15,000 to 10,000 square feet and; and
C. Prior Discretionary Approvals
WHEREAS, the development of the Project Site has been the subject matter of various
entitlements and agreements, including: 1) Salt Creek Ranch General Development Plan (GDP)
approved by City Council Resolution 15875 on September 25, 1990 and amended by City Council
Resolution 2001-103 on April 10, 2001; 2) Salt Creek Ranch Sectional Planning Area (SPA) Plan
approved by the City Council Resolution No 16555 on March 24, 1992 and amended by City
Council Resolution 2001-103 on April 10, 2001; 3) the Rolling Hills Ranch Plam~ed Community
District Regulations and Land Use Map approved by City Council Ordinance No. 2499 on April 7,
1992 and amended by Ordinance No. 2833 on April 24, 2001; 4) Public Facilities Financing Plan
approved by City council Resolution 16555 on March 24, 1992 and amended by Resolution 2000-
Ordinance No.
Page 2
190 on April 10, 2001; 5)Tentative Subdivision Map for Salt Creek Ranch, Chula Vista Tract 92-02
previously approved by City Council Resolution Number 16834 on October 6, 1992 and amended by
City Council Resolution 2000-190 on June l 3, 2000; and 6) Agreement for Monitoring of Building
Permits approved by City Council Resolution 2003-166 on April 15, 2003; and
D. Planning Commission Record of Application
WHEREAS, the Planning Commission held an advertised public hearing on the Project on
April 23, 2003, and voted xxxxxx to forward a recommendation to the City Council on a proposal to
· amend the Salt Creek Ranch General Development Plan and Sectional Planning Area (SPA) Plan;
and
WHEREAS, The proceedings and all evidence introduce before the Plaaning Commission at
the public hearing on this project held on April 23, 2003, and the minutes and resolution resulting
there from, are hereby incorporated into the record of this proceedings; and
E. City Council RecorlLof Application
WHEREAS, the City Clerk set the time and place for the hearing on the Project applications
and notices of said hearings, together with its purposes given by its publication in a newspaper of
general circulation in the city, and its mailing to property owners within 500 I2. of the exterior
boundaries of the Project Sites at least ten days prior to the hearing.
F. City Council Hearing
WHEREAS, a duly called and noticed public hearing was held before the City Council on
May 13, 2003 on this Project.
NOW THEREFORE BE IT RESOLVED that the City Council hereby find,
determine and resolve as follows:
II. PREVIOUS SEIR 91-03 REVIEWED AND CONSIDERED; FINDINGS; APPROVALS
The City Council of the City of Chula Vista has previouslyreviewed, analyzed, considered, and
certitied FSEIR 91-03, Salt Creek Ranch and Addendum.
III. COMPLIANCE WITH CEQA
The Environmental Review Coordinator has determined that any impacts associated with the
proposed tentative subdivision map have been previously addressed by FSEIR 91-03, Salt
Creek Ranch and has, therefore, prepared an Addendum to said FSEIR. The Tentative Map is
in substantial confm~nance with the conceptual tentative map and grading plans on which the
FSEIR analysis was based and, therefore, approval and implementation of the Tentative Map
does not change the basic conclusions of the FSEIR. The Addendum has been prepared in
Ordinance No.
Page 3
accordance with requirements of the California Environmental Quality Act, State E[R
Guidelines and the Environmental Review Procedures of the City of Chula Vista.
IV. INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Council finds that the Addendum to FSEIR 91-03, reflects the independent judgrnent
of the City Council of the City of Chula Vista and hereby considers the Addendum to FSE1R
91-03, Salt Creek Ranch.
NOW, THEREFORE, the City of Chula Vista does hereby find, determine and ordain as
follows:
A. FINDINGS FOR P-C PLANNED COMMUNITY ZONE AMENDMENTS
The City Council hereby finds that the proposed amendments to the Salt Creek Ranch
Planned Community District Regulations are consistent with the City of Chula Vista General
Plan, as concurrently/amended, and public necessity, convenience, the general welfare and
good zoning practice support the amendment.
B. APPROVAL OF ZONE AMENDMENTS
The City Council does hereby approve the amendments to the Planned Community
District Zoning District Map and Residential Property Development Standards as as
represented in Exhibit B and C.
INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Ordinance is dependent upon
the enforceability of each and every term, provision and condition herein stated; and that in the event
that any one or more terms, provisions or conditions are determined by a Court of competent
jurisdiction to be invalid, illegal or unenforcable, this resolution shall be deemed to be automatically
revoked and of no further force and effect ab initio.
VI. EFFECTIVE DATE
This ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption.
Presented by
Bob Leiter
Planning and Building Director
Approved as to form by
Ann Moore
City Attorney
COUNCIL AGENDA STATEMENT
Item
Meeting Date 5/20/0~
ITEM TITLE:
Resolution of the City Council of the City of Chula Vista,
California, acting in its capacity as the legislative body of
Community Facilities District No. 08M (Village 6 - McMillin Otay
Ranch and Otay Ranch Company) declaring the results of a special
election in such Community Facilities District
SUBMITTED BY:
REVIEWED BY:
Director of Engineering~
City Manager(~O~,,,
(4/5ths Vote: Yes__ No_X_X)
On March 25, 2003 the City Council initiated the change and modification proceedings
by the adoption of Resolution 2003-108. Tonight's action will conclude the formal
proceedings to change and modify the special tax rates for Improvement Area No. 1 of
Community Facilities District 08M. Special Taxes levied within the CFD fund perpetual
operation and maintenance of slopes, medians and parkways and storm water treatment
facilities associated with Village 6. The City has retained the services of MuniFinancial
as special tax consultant and Best Best and Krieger LLP as legal counsel to provide
assistance during the proceedings.
RECOMMENDATION: That Council approve the resolution declaring the results of a
special election in Community Facilities District No. 08M (Village 6 - McMillin Otay
Ranch and Otay Ranch Company).
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
An election was held in the office of the City Clerk on May 6, 2003 for CFD 08M,
Improvement Area No. 1. The vote was unanimous.
Area of Benefit
CFD No. 08M, Improvement Area No. 1, encompasses parcels located within the Village
6 owned by McMillin Otay Ranch LLC, the Catholic Diocese of San Diego and
Cornerstone Communities. McMillin Otay Ranch is proposed to contain approximately
Page 2, Item ~
Meeting Date 5/20/03
482 single-family detached homes, 212 multi-family units, a private high school on
approximately 38 acres and a church on approximately 13.2 acres of Community Purpose
Facility ("CPF") property.
Resolution
There is one resolution on today's agenda, which, if adopted, will accomplish the
following:
The RESOLUTION DECLARING ELECTION RESULTS is the formal action of the
City Council declaring the results of a special election in Improvement Area No. 1 of
Community Facilities District No. 08M.
FISCAL IMPACT:
All costs of the change and modification of the district are being borne by the developers
and the on-going administration will be funded entirely by the district. The City will
receive the benefit of full cost recovering for staff cost involved in District formation and
district administration in perpetuity.
J:iEngineerlAGENDAICFD 08M A113 declaring results 5-5-03Moc
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ACTING 1N ITS CAPACITY AS THE LEGISLATiVE BODY
OF COMMUNITY FACILITIES DISTRICT NO. 0SM (VILLAGE 6,
MCMILLIN OTAY RANCH AND OTAY RANCH COMPANY) DECLARING
THE RESULTS OF A SPECIAL ELECTION IN IMPROVEMENT AREA NO.
1 OF SUCH COMMUNITY FACILITIES DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the
"City Council"), has previously undertaken proceedings to create and did establish a Community
Facilities District and designate two improvement areas therein pursuant to the terms and
provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1,
Division 2, Title 5 of the Government Code of the State of California (the "Act") and the City of
Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by
the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of
California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the
"Community Facilities District Law"). This Community Facilities District is referred to as
COMMUNITY FACILITIES DISTRICT NO. 08M (VILLAGE 6, MCMILLIN OTAY RANCH
AND OTAY RANCH COMPANY) (the "District") and the Improvement Areas are designated
as IMPROVEMENT AREA NO. 1 and IMPROVEMENT AREA NO. 2; and,
WHEREAS, the qualified electors of each Improvement Area of the District, voting in a
special election held on October 22, 2002, approved the authorization to levy special taxes within
each Improvement Area pursuant to a separate rate and method of apportionment of such special
taxes for each Improvement Area (the rate and method of apportionment of special taxes
approved for Improvement Area No. 1 shall be referred to as the "Existing Improvement Area
No. 1 RMA'); and
WHEREAS, subsequent to the formation of the District and such election, McMillin
Communities, the master developer of the property within Improvement Area No. 1 of the
District, requested that the City Council, acting as the legislative body of the District, initiate
proceedings to modify the Existing Improvement Area No. 1 RMA; and
WHEREAS, this City Council did initiate such proceedings and did call for and order to
be held an election to submit to the qualified electors of Improvement Area No. 1 a proposition
relating to the proposed modification of the Existing Improvement Area No. 1 RMA; and,
WHEREAS, at this time said election has been held and the measures voted upon and
each such measure did receive the favorable 2/3's vote of the qualified electors, and this City
Conncil desires to declare the results of the election in accordance with the provisions of the
Elections Code of the State of California.
NOW, THEREFOR, E, THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 08M (VILLAGE 6, MCMILLIN OTAY RANCH AND OTAY RANCH
COMPANY), DOES HEREBY RESOLVE, DECLARE, FIND, DETERMiNE AND ORDER
AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. This City Council hereby receives and approves the CERTIFICATE OF
ELECTION OFFICIAL AND STATEMENT OF VOTES CAST, as submitted by the City Clerk,
acting in her capacity as the Election official, said Statement identifying the measures voted
upon and the number of votes given for and/or against the measures voted upon. A copy of said
Certificate and Statement is attached hereto, marked Exhibit "A", referenced and so
incorporated.
SECTION 3. The City Clerk is hereby directed, pursuant to the provisions of the
Elections Code of the State of California, to enter in the minutes the results of the election as set
forth in said STATEMENT OF VOTES CAST.
PREPARED BY:
APPROVED AS TO FORM BY:
Clifford Swanson
Director of Engineering
Ann Moore
City Attorney
2
EXHIBIT"A"
CERTIFICATE OF ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
The undersigned, ELECTION OFFICIAL OF THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of
Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the
Elections Code of the State of California, I did canvass the returns of the votes cast at the
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 08M
(VILLAGE 6, MCMILLIN OTAY RANCH AND OTAY RANCH COMPANY)
IMPROVEMENT AREA NO. 1
SPECIAL ELECTION
in said City, held May 13, 2003.
I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in said
District in said City, and the whole number of votes cast for the Measure in Improvement Area No. 1 of
such District in said City, and the totals of the respective columns and the totals as shown for the
Measure are full, true and correct.
VOTES CAST ON PROPOSITION A:
YES
NO
WITNESS my hand and Official Seal this
day of ,2003.
CITY CLERK
ELECTION OFFICIAL
CITY OF CHULA VISTA
STATE OF CALIFORNIA
3
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 5/20/03
ITEM TITLE: Resolution Approving an agreement with MuniFinancial for
apportionment services for City Assessment Districts for Fiscal Years 2003-
04 through 2005-06, with provision for two optional one-year extensions
through Fiscal Year 2007-08, and authorizing the Mayor to execute said
agreement
SUBMITTED BY: Director of EngineeringzJ)
REVIEWED BY: City Manager ~ ¢/ r (4/5thsVote: Yes NoX)
The proposed agreement will retain the services of MuniFinancial to perform the respreading of
assessments for the City's Assessment Districts and to prepare the Annual Collection Report to be
submitted to the County for inclusion in the property tax bill. The agreement is for a term of three
years, with an option for two one-year extensions. This action will ensure that the City's fiduciary
responsibility to the bondholders is fulfilled by providing required apportionment and collection
services as delineated by the Streets and Highways Code.
RECOMMENDATION: That Council adopt a resolution approving a three-year agreement with
MuniFinancial for Apportionment Services.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable.
DISCUSSION:
During the last two decades, the City has formed twelve Assessment Districts under the Municipal
Improvement Act of 1913 to provide financing for the construction of public infrastructure for new
developments through the issuance of Assessment District bonds (see the following table).
Current Assessment Districts within the City of Chula Vista
Assessment Refinancing Original
District District Principal
No. No. Name Parcels (MilS) Type
85-2 1995 Eastlake I 3,284 $7.7 Consh'uction
86-1 1995 Easflake I (Residential) 1,815 5.3 Acquisition
87-1 1995 East H Street 3,406 7.8 Acquisition
88-1 2001-2 Otay Lakes Road I 27 7.3 Acquisition
88-2 1995 Otay Lakes Road, Rancho del Rey 1,339 8.0 Acquisition
90-1 2001-1 Salt Creek I 521 4.7 Acquisition
90-2 2001-2 Otay Valley Road 68 5.7 Construction
90-3 2001-1 Eastlake Greens I 3,659 22.4 Acquisition
91-1 2001-1 Telegraph Canyon Road II 1,377 6.8 Acquisition
92-2 2001-2 Autopark 3 0.7 Acquisition
94-1 -- Eastlake Greens II
97-2 Otay Ranch Village I
Total
1,768
1,576
18,843
Page 2, Item
Meeting Date .5/20/03
7.5 Acquisition
12.4 Construction
$96.3 Mil
The repayment of the bonds is made from assessment installments collected from the property
owners in conjunction with their property taxes. The original assessments placed on the properties
within each District need to be respread annually to include new parcels and reflect any change to
existing parcels. In addition, an annual assessment collection report must be prepared and provided
to the County for inclusion in the property tax bill.
While the districts were formed under the Municipal Improvement Act of 1913, the bonds that were
used to finance the cohstruction of improvements were issued pursuant to the Improvement Bond
Act of 1915. The repayment of these bonds is typically made from assessment installments collected
from the property owners with their property tax bill over a period of twenty to thirty years. In
addition to the principal and interest, Section 8682 of the Streets and Highways Code allows the
collection of an "annual administrative fee" ($16.00 per parcel per year maximum) from every parcel
within an Assessment District to cover the cost of the administration of the District.
In addition to the annual administration fee, developers are required to deposit with the City an
"apportionment fee" (currently $25.00 per parcel per district) before approval of a map creating new
parcels or any other approval changing the configuration ora parcel of land subject to an assessment.
Consultant Selection Process
Staffreviewed the methods of accomplishing the work, including performing the activities in-house
and using a consultant. Based upon past experience and research, we have found that the City does
not have the staff or the expertise to undertake these duties itself. These activities are concentrated
during the period of May to August each year. During this time, staff must also carry out the time-
consuming activities of preparing the annual assessment and collection report for 24 Open Space
Districts as well as documentation for Council approval of the annual Community Facilities Districts
rates. It would not be cost-effective to hire and train additional personnel to handle this peak in the
workload. Having a consultant performing these apportionment and collection activities will allow
the City to meet these covenants in a timely and efficient manner.
During the last three years, the City retained the firm Berryman & Henigar to perform these
activities. The agreement with Berryman & Henigar expires this year; therefore, in accordance with
City policy, staff requested proposals from qualified firms to perform these activities.
Engineering staff followed Chula Vista Municipal Code Section 2.56.110 in the consultant selection
process. As required, a Request for Proposal (RFP) was prepared and sent to fourteen firms known
to have expertise in the apportionment of Assessment Districts. Additionally, an advertisement
inviting proposals was published in the February 21, 2003 Chula Vista Star-News.
The RFP included a description of the scope of work and the time frames for completion. Each firm
was asked to indicate in its proposal: 1) Proof of general familiarity with Assessment Districts,
especially the Improvement Bond Act of 1915, 2) Proof of capacity, resources and specialized
Page 3, Item
Meeting Date 5/20/03
equipment or expertise to perform the work, 3) Names and qualifications of all key personnel to be
used in the project, including any subconsultants, 4) Past record of performance and references, 5)
The location of the office where the work is to be performed, and 6) A cost estimate.
The following three (3) firms responded to the RFP mailing and invitation and sent proposals:
Firm Name
Berryman & Henigar
MuniFinancial
NBS Government Finance Group
Location
San Diego, California
Temecula, California
Temecula, California
The Selection Committee was appointed by the City Manager in accordance with Chula Vista
Municipal Code Section 2.56.230 and consisted of the following members:
Elizabeth Chopp, Civil Engineer
Donna Snider, Civil Engineer
Thomas L. Magness, Engineering Technician II
The Selection Committee members were provided with individual copies of the proposals from the
three firms. All of the firms were invited to participate in the interview process and all three
accepted. On March 21, 2003, the Selection Committee interviewed the firms, which were ranked in
accordance with the following criteria:
1. Qualifications of personnel (20 points)
2. Resoumes available to perform tasks on time and within budget (20 points)
3. Firm experience directly related to the contract (20 points)
4. Quality of presentation (15 poims)
5. Response to interview questions (25 points)
6. Total cost and justification (30 points)
Each member of the Selection Committee awarded points to the three firms, with 130 points per
member being the maximum and 390 points being the total maximum awarded by the entire
committee per firm. Since fees were generally provided on a per parcel basis, the annual cost was
estimated based on the total number of parcels billed and reapportioned during Fiscal Year 2002-03.
The finns were ranked as follows:
Ranking Firm Number of Points Cost Estimate
1 MuniFinancial 335 $57,427.70
2 NBS Government Finance Group 327 $49,902.20
3 Berryman & Henigar 307 $37,229.50
Although the cost estimate for Ben3anan & Henigar was the lowest of the three interviewed firms, as
shown in the preceding table, the Selection Committee felt that the overall submittal by
MuniFinancial was the strongest of the three firms and that the City would be getting the highest
level of service for the funds expended. Since the City does not have the staff available to
thoroughly review the accuracy of the assessment roll submitted to the County in August, the
Page 4, Item
Meeting Date 5/20/03
Selection Committee considered Quality Assurance to be the most important criterion in consultant
selection. MuniFinancial has an established four-step Quality Control process, which includes
software checks, peer review and an independent reviewer. The Committee was also favorably
impressed with the experience and background of the proposed Contract Administrator and direct
contact person. Since MuniFinancial currently performs delinquency management for the City, this
firm should not require a long set-up period before performing the work for the Fiscal Year 2003-04
tax roll.
City staff still felt that the unit costs for MuniFinancial were significantly higher than the other firms,
so staff discussed the scope of work and costs further with the firm. It was discovered that the
services proposed were somewhat in excess of the City's scope of work - for example, quarterly
reports to the City had been proposed instead of the annual reports specified in the Request for
Proposals. Additionally, based on additional information from the City regarding the number of
reapportionments done per year, MuniFinancial felt they could offer a graduated rate for mapping
and reapportionment services, which would save the City money. MuniFinancial subsequently
revised their proposed rates, which reduced the estimated annual cost from $57,427.70 to
$38,423.60. With this change, the difference between this and Berryman & Henigar's estimate of
$37,229.50 is insignificant.
It is important to note that the annual cost cannot accurately be determined since it is not possible to
accurately predict the number of new parcels created each tax year. City staff estimated the annual
costs based on the number of parcels billed on the tax roll for Fiscal Year 2002-03 and the number of
new parcels created between July 2001 and June 2002. Annual fees paid by the City over the
previous six years of consultant services have ranged between $11,000 and $62,000. Due to the
degree of uncertainty in predicting the costs in future years, staff recommends a total contract
limitation orS 150,000 for the first three years and an additional $50,000 per year for each of the two-
year extensions.
Sc~eofWo~
The proposed agreement with MuniFinancial uses the City's standard two-party agreement. This
agreement is for a term of three years, with two additional one-year extensions with the concurrence
of both parties. The Scope of Work is specifically outlined in Exhibit A of the agreement. The main
items in the Scope of Work and related fees are summarized as follows:
Apportionment Services - This consists of apportioning the original assessment lien among
newly created parcels. This includes recalculation of the assessments, preparing amended
assessment diagrams, filing the segregation with the County Tax Auditor and notifying the
bond underwriters and original bond purchasers. These services will be paid from the
"apportionment deposit" ($25/parcel) paid by the developer before approval of a map
creating new parcels or any other approval changing the configuration of any existing parcel.
Due to the fact that preparing the revised diagram requires less effort per parcel for a greater
number of reapportioned parcels, the Consultant has proposed the following graduated fee
schedule:
Number of New Parcels
Created ~)er District
1 to 25 parcels
26 to 100 parcels
101 to 500 parcels
> 500 parcels
Page 5, Item
Meeting Date 5/20/03
Base Fee Per Parcel Fee
$950 $18
$850 $15
$750 $12
$650 $10
Annual Collection Services - This consists of preparing and submitting the tax roll to the
County and providing updated annual spreadsheets (including annual payments and
remaining principal on each parcel) to the City. These services will be paid through the
"annual administration fee" ($16.00/parcel maximum) charged against each parcel on its tax
bill to provide for the staff and consulting costs incurred in administering each district.
These fees will be as follows for all parcels within all Assessment Districts:
Spreadsheet Updating: $0.50 per parcel
Electronic Tape Preparation: $0.30perparcel
Additional Services - In addition to providing the previous defined services, the contract
authorizes the Director of Engineering to approve additional unforeseen services. This
provision was in the City's prior three-year contract but was not used.
Tonight's action authorizes the selected consultant, MuniFinancial, to perform apportionment
services for the City for Fiscal Years 2003-04 through 2005-06, with provision for two one-year
extensions at the City's option through Fiscal Year 2007-08. Such services shall be preformed as
specified in Sections 8500 et al of the California Streets and Highways Code. When a parcel of land
on which them is an unpaid assessment divides, the original assessment must be segregated and
apportioned in accordance with the benefits to the several pieces of the original lot. The selected
Consultant will do specific filings with the County, prepare annual reports, assessment diagrams,
annual collections, tapes, spreadsheets and notify bond holders and underwriters of the
apportionments. The annual collection report shall be submitted to the County Tax Collector before
August 10 of each year for inclusion in the property tax bill.
FISCAL IMPACT: None of the costs will be paid out of the General Fund. As detailed above, the
apportionment costs will be paid fi'om the apportionment deposits collected from developers and the
annual collection services will be paid from fees included in the annual assessments paid by the
property owners located in each Assessment District.
Attachments: Agreement between City of Chula Vista and MuniFinancial
JSENGINEERkAGENDA~A113 Apportionment Services.doc
Fileg 0725-10 AD 003
Parties and Recital Page(s)
Agreement between
City of Chula Vista
and
MuniFinancial
for Assessment District Apportionment Services
This agreement ("Agreement"), dated for the purposes of
reference only, and effective as of the date last executed unless another date is otherwise
specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit
A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and
the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form
is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are
set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following
facts:
Recitals
WHEREAS, the City has formed assessment districts to provide funding for
infrastructure under the Municipal Improvement Act of 1913;
WHEREAS, Section 8730 of said Act requires that when a parcel of land upon which
there is an unpaid assessment divides, the original assessment must be segregated and
apportioned in accordance with the benefits to the several parts of the original list;
WHEREAS, the City is desirous of retaining a consultant to this end; and
WHEREAS, Consultant warrants and represents that they are experienced and staffed in a
manner such that they are and can prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the terms and conditions of this
Agreement;
Page 1
Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby
mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A,
Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant shall also
perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according to, and within the time frames set
forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit
A, Paragraph 8, within the time frames set forth therein, time being of the essence of this
agreement. The General Duties and the work and deliverables required in the Scope of Work and
Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined
Services by the times indicated does not, except at the option of the City, operate to terminate
this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request fi.om Consultant, fi.om time to time reduce the
Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City
and Consultant agree to meet in good faith and confer for the purpose of negotiating a
corresponding reduction in the compensation associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the Defined Services ("Additional
Services"), and upon doing so in writing, if they are within the scope of services offered by
Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in
the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise
agreed upon. All compensation for Additional Services shall be paid monthly as billed.
E. Standard of Care
Page 2
Consultant, in performing any Services under this agreement, whether Defined Services
or Additional Services, shall perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions
and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and subconsultants employed by it in
connection with the Services required to be rendered, are protected against the risk of loss by the
following insurance coverages, in the following categories, and to the limits specified, policies of
which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or
shall meet with the approval of the City:
Statutory Worker's Compensation h~surance and Employer's Liability Insurance coverage
in the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile Insurance
coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied
separately to each project away from premises owned or ren!ed by Consultant, which names City
as an Additional Insured, and which is primary to any policy which the City may otherwise carry
("Primary Coverage"), and which treats the employees of the City in the same manner as
members of the general public ("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless
Errors and Omissions coverage is included in the General Liability policy.
G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein required, prior to the
commencement of sgrvices required under this Agreement, by delivery of Certificates of
Insurance demonstrating same, and further indicating that the policies may not be canceled
without at least thirty (30) days written notice to the Additional Insured, ten (10) days if
cancellation is due to nonpayment of premium.
Consultant will provide a copy of notice of cancellation due to nonpayment of premium
to Additional Insured via second day air, upon receipt by Consultant of notice from Insurance
provider.
(2) Policy Endorsements Required.
Page 3
In order to demonstrate the Additional Insured Coverage, Primary Coverage and
Cross-liability Coverage required under Consultant's Commercial General Liability Insurance
Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which
shall be reviewed and approved by the Risk Manager.
H. Security for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide
a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding
the subparagraph entitled "Performance Bond", then Consultant shall provide to the City a
performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City
Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in
said Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide
a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding
the subparagraph entitled "Letter of Credit", then Consultant shall provide to the City an
irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the
bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of
this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount
satisfactory to the Risk Manager or City Attorney which amount is indicated in the space
adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide
security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled "Other Security"), then
Consultant shall provide to the City such other security therein listed in a form and amount
satisfactory to the Risk Manager or City Attorney.
I. Business License
Consultant agrees to obtain a business license from the City and to otherwise comply with
Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
Page 4
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the progress of
the Defined Services and Schedule therein contained, and to provide direction and guidance to
achieve the objectives of this agreement. The City shall permit access to its office facilities, files
and records by Consultant throughout the term of the agreement. In addition thereto, City agrees
to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and
with the further understanding that delay in the provision of these materials beyond 30 days after
authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's
performance of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than
monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate
Consultant for all services rendered by Consultant according to the terms and conditions set forth
in Exhibit A, Paragraph 1 l, adjacent to the governing compensation relationship indicated by a
"checkmark" next to the appropriate arrangement, subject to the requirements for retention set
forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses
as provided in Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient information as to the
propriety of the billing to permit the City to evaluate that the amount due and payable thereunder
is proper, and shall specifically contain the City's account number indicated on Exhibit A,
Paragraph 18 (C) to be charged upon malting such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on Exhibit A,
Paragraph 13, as said party's contract administrator who is authorized by said party to represent
them in the routine administration of this agreement.
4. Term
This Agreement shall terminate when the Parties have complied with all executory
provisions hereof.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit
A, Paragraph 14.
Page 5
It is acknowledged by both parties that time is of the essence in the completion of this
Agreement. It is difficult to estimate the amount of damages resulting fi.om delay in
performance. The parties have used their judgment to arrive at a reasonable mount to
compensate for delay.
Failure to complete the Defined Services within the allotted time period specified in this
Agreement shall result in the following penalty: For each consecutive calendar day in excess of
the time specified for the completion of the respective work assignment or Deliverable, the
consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated
Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays caused by
the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to
the expiration of the specified time. Extensions of time, when granted, will be based upon the
effect of delays to the work and will not be granted for delays to minor portions of work unless it
can be shown that such delays did or will delay the progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is
deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of
Exhibit A, or if none are specified, then as determined by the City Attorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not
make, or participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a
financial interest other than the compensation promised by this Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants
and represents that Consultant has diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations promulgated by the Fair Political
Practices Commission, and has determined that Consultant does not, to the best of Consultant's
Page 6
knowledge, have an economic interest which would conflict with Consultant's duties under this
agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant will not acquire, obtain, or assume an economic interest
during the term of this Agreement which would constitute a conflict of interest as prohibited by
the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant will immediately advise the City Attorney of City if
Consultant learns of an economic interest of Consultant's which may result in a conflict of
interest for the purpose of the Fair Political Practices Act, and regulations promulgated
thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's immediate
family members, nor Consultant's employees or agents ("Consultant Associates") presently have
any interest, directly or indirectly, whatsoever in any property which may be the subject matter of
the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any
property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other
than as listed in Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates in connection with Consultant's performance of this Agreement.
Consultant promises to advise City of any such promise that may be made during the Term of
this Agreement, or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited
Interest within the Term of this Agreement, or for 12 months after the expiration of this
Agreement, except with the written permission of City.
Consultant may not conduct or solicit any business for any party to this Agreement, or for
any third party which may be in conflict with Consultant's responsibilities under this Agreement,
except with the written permission of City.
7. Hold Harmless
Page 7
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, fi-om and against all claims for damages, liability, cost and
expense (including without limitation attorneys fees) arising out of or alleged by third parties to
be the result of the negligent acts, errors or omissions or the willful misconduct of the
Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms for
whom Consultant is legally responsible in connection with the execution of the work covered by
this Agreement, except only for those claims, damages, liability, costs and expenses (including
without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of
the City, its officers, employees. Also covered is liability arising from, connected with, caused by
or claimed to be caused by the active or passive negligent acts or omissions of the City, its
agents, officers, or employees which may be in combination with the active or passive negligent
acts or omissions of the Consultant, its employees, agents or officers, or any third party.
With respect to losses arising from Consultant's professional errors or omissions,
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed
officers and employees, from and against all claims for damages, liability, cost and expense
(including without limitation attorneys fees) except for those claims arising from the negligence
or willful misconduct of City, its officers or employees.
Consultant's indemnification shall include any and all costs, expenses, attorneys fees and
liability incurred by the
City, its officers, agents or employees in defending against such claims, whether the same
proceed to judgment or not. Consultant's obligations under this Section shall not be limited by
any prior or subsequent declaration by the Consultant. Consultant's obligations under this
Section shall survive the termination of this Agreement.
For those professionals who are required to be licensed by the state (e.g. architects and
engineers), the following indemnification provisions should be utilized:
1. Indemnification and Hold Harmless Agreement.
With respect to any liability, including but not limited to claims asserted or costs, losses,
attorney fees, or payments for injury to any person or property caused or claimed to be caused by
the acts or omissions of the Consultant, or Consultant's employees, agents, and officers, arising
out of any services performed involving this project, except liability for Professional Services
covered under Section X.2, the Consultant agrees to defend, indemnify, protect, and hold
harmless the City, its agents, officers, or employees from and against all liability. Also covered
is liability arising from, connected with, caused by, or claimed to be caused by the active or
passive negligent acts or omissions of the City, its agents, officers, or employees which may be in
combination with the active or passive negligent acts or omissions of the Consultant, its
employees, agents or officers, or any third party. The Consultant's duty to indemnify, protect and
Page 8
hold harmless shall not include any claims or liabilities arising from the sole negligence or sole
willful misconduct of the City, its agents, officers or employees. This section in no way alters,
affects or modifies the Consultant's obligation and duties under Section Exhibit A to this
Agreement.
2. Indemnification for Professional Services.
As to the Consultant's professional obligation, work or services involving this Project,
the Consultant agrees to indemnify, defend and hold harmless the City, its agents, officers and
employees from and against any and all liability, claims, costsl and damages, including but not
limited to, attorneys fees, losses or payments for injury to any person or property, caused directly
or indirectly from the negligent acts, errors or omissions of the Consultant or Consultant's
employees, agents or officers; provided, however, that the Consultant's duty to indemnify shall
not include any claims or liability arising from the negligence or willful misconduct of the City,
its agents, officers and employees.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if' Consultant shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right to terminate
this Agreement by giving written notice to Consultant of such termination and specifying the
effective date thereof at least five (5) days before the effective date of such termination. In that
event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and
other materials prepared by Consultant shall, at the option of the City, become the property of the
City, and Consultant shall be entitled to receive just and equitable compensation for any work
satisfactorily completed on such documents and other materials up to the effective date of Notice
of Termination, not to exceed the amounts payable herennder, and less any damages caused City
by Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the Consultants' negligence,
errors, or omissions in the performance of work under this Agreement has resulted in expense to
City greater than would have resulted if there were no such negligence, errors, omissions,
Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein
is intended to limit City's rights under other provisions of this agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving specific
written notice to Consultant of such termination and specifying the effective date thereof, at least
Page 9
thirty (30) days before the effective date of such termination. In that event, all finished and
unfinished documents and other materials described hereinabove shall, at the option of the City,
become City's sole and exclusive property. If the Agreement is terminated by City as provided in
this paragraph, Consultant shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials to the effective date of such
termination. Consultant hereby expressly waives any and all claims for damages or compensation
arising under this Agreement except as set forth herein.
11. Assignability
The services of Consultant are personal to the City, and Consultant shall not assign any
interest in this Agreement, and shall not transfer any interest in the same (whether by assignment
or novation), without prior written consent of City.
City hereby consents to the assignment of the portions of the Defined Services identified
in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures,
systems and any other mater/als or properties produced under this Agreement shall be the sole
and exclusive property of City. No such materials or properties produced in whole or in part
under this Agreement s. hall be subject to private use, copyrights or patent fights by Consultant in
the United States or in any other country without the express written consent of City. City shall
have unrestricted authority to publish, disclose (except as may be limited by the provisions of the
Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any
such reports, studies, data, statistics, forms or other materials or properties produced under this
Agreement. Any reuse by City for any purpose other than the purpose intended in this
Agreement shall be at City's sole risk.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an
independent contractor with sole control of the manner and means of performing the services
required under this Agreement. City maintains the fight only to reject or accept Consultant's
work products. Consultant and any of the Consultant's agents, employees or representatives are,
for all purposes under this Agreement, an independent contractor and shall not be deemed to be
an employee of City, and none of them shall be entitled to any benefits to which City employees
are entitled including but not limited to, overtime, retirement benefits, worker's compensation
benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal
income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible
for the payment of same and shall hold the City harmless with regard thereto.
Page 10
14. Administrative Claims Requirements and Procedures
No suit or arbitration Shall be brought arising out of this agreement, against the City
unless a claim has first been presented in writing and filed with the City and acted upon by the
City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, as same may from time to time be amended, the provisions of which are incorporated by
this reference as if fully set forth herein, and such policies and procedures used by the City in the
implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be
the party who is awarded substantially the relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, Consultant shall include,
or cause the inclusion of, in said report or document, a statement of the numbers and cost in'
dollar amounts of all contracts and subcontracts relating to the preparation of the report or
document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no authority to act
as City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals
is/are licensed with the State of California or some other state as a licensed real estate broker or
salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are
licensed real estate brokers or salespersons.
C. Notices
Page 11
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served or deposited in the United
States mail, addressed to such party, postage prepaid, registered or certified, with return receipt
requested, at the addresses identified herein as the places of business for each of the designated
parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the
subject matter hereof. Neither this Agreement nor any provision hereof may be amended,
modified, waived or discharged exc. ept by an instrument in writing executed by the party against
which enforcement of such amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other party that it
has.legal authority and capacity and direction from its principal to enter into this Agreement, and
that all resolutions or other actions have been taken so as to enable it to enter into this
Agreement.
F. Governing Law/Venue
This Agreement shall be governed by and construed in accordance with the laws of the
State of California. Any action arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, State of California, and if applicable,
the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City of Chula Vista.
[end of page. next page is signature page.]
Page 12
Signature Page
to
Agreement between
City of Chula Vista
and
MuniFinancial
For Assessment District Apportionment Services
IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby
indicating that they have read and understood same, and indicate their full and complete consent
to its terms:
Dated: ,2003
City of Chula Vista
Attest:
by:
Steve Padilla, Mayor
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, City Attorney
Dated: MuniFinancial
By:
Paul Whitelaw, Vice-President
Exhibit List to Agreement
(X) Exhibit A.
Page 13
Exhibit A
to
Agreement between
City of Chula Vista
and
MuniFinancial
1. Effective Date of Agreement: Date of Approval by City Council
2. City-Related Entity:
()
()
City of Chula Vista, a municipal chartered corporation of the State of California
Redevelopment Agency of the City of Chula Vista, a political subdivision of the
State of California
Industrial Development Authority of the City of Chula Vista, a
( ) Other:
form]
("city")
3.
Place of Business for City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Consultant: MuniFinancial
Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
Place of Business, Telephone and Fax Number of Consultant:
27368 Via Industria, Suite 110
Temecula, California 92590
, a [insert business
Page 14
Voice Phone (800) 755-6864
Fax Phone (909) 587-3510
7. General Duties:
The Consultant shall provide Assessment District apportionment and administrative services as
requested by the City for the Fiscal Years commencing from 2003-2004 to 2005-2006, with
provisions for two consecutive one-year extensions for Fiscal Years 2006-2007 and 2007-2008 if
agreed upon by mutual consent of the City and Consultant.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
The Consultant will be responsible for the following tasks:
Upon direction of the City, the Consultant shall apportion the liens amongst the newly
created parcels in accordance with the method of spread adopted in the Engineer's Report
for each District and file the segregation with the County Tax Auditor at~er the City
reviews and provides authorization.
The Consultant shall annually prepare amended assessment diagram(s) for each
Assessment District which requires apportionment. One Mylar copy shall be provided to
the City and one copy recorded with the County of San Diego for each amended
assessment diagram.
The Consultant shall prepare the annual collections tape for all Assessment Districts to be
submitted to the County Tax Auditor. The City shall be provided with an electronic copy
of the tape submitted to the County.
The Consultant shall update spreadsheets showing assessment number, assessor parcel
number (APN), outstanding principal, assessment installment, County and City fees,
interest and new outstanding principal for all parcels within Assessment Districts, totals
for all columns and a summary sheet showing interest rates and estimated total amount
for all remaining years. For each District where them has been a reapportionment, sheets
shall be provided which show how each original parcel was reapportioned, including the
original and new parcel numbers and acreage, and the original principal for each. The
City shall be provided with computer digital files compatible with Microsoft Excel
software and three printed hard copies.
e. The Consultant shall send to the original purchaser of the District bonds a notice of
apportionment and a copy of the revised assessment diagram in accordance with the
Page 15
Improvement Bond Act of 1915 after the City reviews the diagrams and provides
authorization.
The Consultant shall notify the underwriters by registered mail prior to the County's
August deadline but a_tier review of the information by the City.
The Consultant shall provide a toll-free number to respond to questions from City staff or
property owners.
A. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
B. Dates or Time Limits for Delivery of Deliverables:
August 1: Electronic Tape to the County, hard copies and computer
digital files of items 8c and 8d above to the City on an annual
basis.
September 30: A copy of each Amended Assessment Diagram as
specified in Item 8b.
C. Date for completion of all Consultant services:
Three years from the effective date of agreement. At City's sole discretion, City
may administratively extend this date for two one-year options.
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
( ) Errors and Omissions insurance: None Required (included in Commercial
General Liability coverage).
(X) Errors and Omissions Insurance: $250,000 (not included in Commercial General
Liability coverage).
10. Mated'als Required to be Supplied by City to Consultant:
Page 16
A. List of the Assessment Districts the City would like Consultant to administer for
each Fiscal Year
Copy of the Final Engineer's Report and Final Official Statement for each
Assessment District
Listing of parcels that have paid offtheir assessments (partially or fully) since the
Assessment Districts were formed
List of the bonds that have been called for each Assessment District since the
bonds were issued. The list should include the amount of bonds called and their
corresponding Fiscal Year for each Assessment District
List of parcels requiring apportionment services for each Assessment District for
each Fiscal Year
Name and address of the underwriter or other original purchaser of the bonds for
each Assessment District
A sample copy of the City-approved notice to underwriters or other original
pumhaser of bonds
A copy of last year's database (in electronic format where available)and diagrams
for each Assessment District.
11. Compensation:
A. (X) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required, City
shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables
set forth below:
Single Fixed Fee Amount: Not to exceed $150,000_, payable as follows:
(1) Mapping Costs: The following fees will only apply to those districts which require
amended Assessment Diagram(s):
Number of New Parcels
Created per District
1 - 25 parcels
Base Fee
$950
Per Parcel Fee
$18
Page 17
26 - 100 parcels $850 $15
101 - 500 parcels $750 $12
> 500 parcels $650 $10
(2) Data Processing and Updating Costs: These costs apply to all parcels:
Spreadsheet Updating: $0.50 per parcel
Electronic Tape Preparation: $0.30 per parcel
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
()
1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a percentage of
completion basis for each given phase such that, at the end of each phase
only the compensation for that phase has been paid. Any payments made
hereunder shall be considered as interest free loans which must be returned
to the City if the Phase is not satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive credit against the
compensation due for that phase. The retention amount or pereentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at
the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion of a phase
shall be assessed in the sole and unfettered discretion by the Contracts
Administrator designated herein by the City, or such other person as the
City Manager shall designate, but only upon such proof demanded by the
City that has been provided, but in no event shall such interim advance
payment be made unless the Contractor shall have represented in writing
that said percentage of completion of the phase has been performed by the
Contractor. The practice of making interim monthly advances shall not
convert this agreement to a time and materials basis of payment.
B. ( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by Consultant as
are separately identified below, City shall pay the fixed fee associated with each phase of
Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant
shall not commence Services under any Phase, and shall not be entitled to the compensation for a
Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase.
Phase
Fee for Said Phase
Page 18
3. $
()
1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a percentage of
completion basis for each given phase such that, at the end of each phase
only the compensation for that phase has been paid. Any payments made
hereunder shall be considered as interest free loans which must be returned
to the City if the Phase is not satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive credit against the
compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at
the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion ora phase
shall be assessed in the sole and unfettered discretion by the Contracts
Administrator designated herein by the City, or such other person as the
City Manager shall designate, but only upon such proof demanded by the
City that has been provided, but in no event shall such interim advance
payment be made unless the Contractor shall have represented in writing
that said percentage of completion of the phase has been performed by the
Contractor. The practice of making interim monthly advances shall not
convert this agreement to a time and materials basis of payment.
C. ( ) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City shall pay
Consultant for the productive hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule herein below according to the
following terms and conditions:
(1) ( ) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in
excess of said Maximum Compensation amount, Consultant agrees that
Consultant will perform all of the Defined Services herein required of Consultant
for $ including all Materials, and other "reimbursables"
("Maximum Compensation").
(2)
( ) Limitation without Further Authorization on Time and Materials
Arrangement
Page 19
At such time as Consultant shall have incurred time and materials equal to
("Authorization Limit"), Consultant shall not be entitled to
any additional compensation without further authorization issued in writing and
approved by the City. Nothing herein shall preclude Consultant from providing
additional Services at Consultant's own cost and expense.
Category of Employee
of Consultant
Rate Schedule
Name Hourly
Rate
Division Manager
Paul Whitelaw,
Gerald Dalziel
Bob Quaid
Mark Risco
Maureen Coleman
Torie Brown
Principal Consultant
Senior Project Manager
Project Manager
Senior Analyst
Analyst
Analyst Assistant Valerie White
Property. Owner Services Representative
Support Staff
(3)
$180
$145
$125
$105
$85
$75
$65
$50
$45
( ) Hourly rates may increase by 6% for services rendered after [month],
200__, if delay in providing services is caused by City.
(X) Additional Services Upon Request
At any time during the term of this Agreement the Director of Engineering may
request the Consultant to perform additional services not included in the Scope of
Work. The Consultant shall perform the same on a "time and material" basis at
the rates set forth in the "Schedule of Hourly Rates" set forth above. These costs
shall not be increased during the first three years of the contract but may be
renegotiated for the additional two one-year extensions.
Page 20
12. Materials Reimbursement Arrangement
For the cost of out-of-pocket expenses incurred by Consultant in the performance of
services herein required, City shall pay Consultant at the rates or amounts set forth below:
(X) None, the compensation includes all costs.
Cost or Rate
( ) Reports, not to exceed $
( ) Copies, not to exceed $
( ) Travel, not to exceed $__:
( ) Printing, not to exceed $__:
( ) Postage, not to exceed $__:
( ) Delivery, not to exceed $ :
( ) Long Distance Telephone Charges,
not to exceed $
( ) Other Actual Identifiable Direct Costs:
, not to exceed $ :
, not to exceed $ :
13. Contract Administrators:
City: Catherine Burciaga, Administrative Services Manager
City of Chula Vista
Engineering Department
(619) 409-5844
Consultant: Paul Whitelaw, Vice-President
MuniFinancial
(800) 755-6864
14. Liquidated Damages Rate:
( )$ per day.
( ) Other:
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest
Code:
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
Page 21
Category No. I. Investments and sources of income.
Category No. 2. Interests in real property.
Category No. 3. Investments, interest in real property and sources of
income subject to the regulatory, permit or licensing authority of the
department.
Category No. 4. Investments in business entities and sources of income
which engage in land development, construction or the acquisition or sale
of real property.
Category No. 5. Investments in business entities and sources of income of
the type which, within the past two years, have contracted with the City of
Chula Vista (Redevelopment Agency) to provide services, supplies,
materials, machinery or equipment.
Category No. 6. Investments in business entities and sources of income of
the type which, within the past two years, have contracted with the
designated employee's department to provide services, supplies, materials,
machinery or equipment.
( ) Category No. 7. Business positions.
(X) List "Consultant Associates" interests in real property within 2 radial miles of Project
Property, if any:
16. ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
None
18
Bill Processing:
A. Consultant's Billing to be submitted for the following per/od of time:
Page 22
( ) Monthly
( ) Quarterly
(X) Other: Annually, after Consultant has completed all tasks described under
Section 8: Scope of Work to the satisfaction of the City
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
( ) End of the Momh
( ) Other:
C. City's Account Number:
19 Security for Performance
) Performance Bond, $
) Letter of Credit, $
) Other Security:
Type:
Amount: $
) Retention. If this space is checked, then notwithstanding other provisions to the
contrary requiring the payment of compensation to the Consultant sooner, the City
shall be entitled to retain, at their option, either the following "Retention
Percentage" or "Retention Amount" until the City determines that the Retention
Release Event, listed below, has occurred:
( ) Retention Percentage:
( ) Retention Amount: $
Retention Release Event: ( ) Completion of All Consultant Services
( ) Other:
Page 23
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT WITH
MUNIFINANCIAL FOR APPPORTiONMENT SERVICES FOR
CITY ASSESSMENT DISTRICTS FOR FISCAL YEARS 2003-04
THROUGH 2005-06, WITH PROVISION FOR TWO OPTIONAL
ONE-YEAR EXTENSIONS THROUGH FISCAL YEAR 2007-08,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
WHEREAS, the City has formed twelve (12) assessment Districts pursuant to the Municipal
Improvement Act of 1913 to provide financing for the construction of public infrastructure; and
WHEREAS, based upon past experience and research, staff determined the City does not
have the staff or expertise to undertake the necessary apportionment services in-house; and
WHEREAS, pursuant to CVMC § 2.56.110 an RFP was issued to retain a consultant to
perform the required services; and
WHEREAS, after review of the submittals and interviewing the responding firms the City
Manager's appointed selection committee unanimously selected MuniFinancial as the firm that
would provide the City with the highest level of service for the funds expended; and
, WHEREAS, the proposed agreement will retain the services of MuniFinancial to perform the
mspreading of assessments for the City's Assessment Districts and to prepare the Annual Collection
Report to be submitted to the County for inclusion in the property tax bill; and
WHEREAS, the agreement is for a term of three years, with an option for two one-year
extensions.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby approve a three-year agreement with MuniFinancial for Apportionment Services, a copy of
which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said agreement for and on behalf of the City of Chula Vista.
Presented by
Cliff Swanson
Director of Engineering
J:\attomey\reso\agree\M uniFinancialagreement
Approved as to form by
City Attorney
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Dated:
Parties and Recital Page(s)
Agreement between
City of Chula Vista
and
MuniFinancial
Parties and Recital .Page(s)
Agreement between
City of Chula Vista
and
MuniFinancial
for Assessment District Apportionment Services
This agreement ("Agreement"), dated , for the purposes of reference
only, and effective as of the date last executed unless another date is otherwise specified in Exhibit
A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such
("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the
attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A,
paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A,
paragraph 6 ("Consultant"), and is made with reference to the following facts:
Recitals
WHEREAS, the City has formed assessment districts to provide funding for infrastructure
under the Municipal Improvement .Act of 1913;
WHEREAS, Section 8730 of said Act requires that when a parcel of land upon which there is
an unpaid assessment divides, the original assessment must be segregated and apportioned in
accordance with the benefits to the several parts of the original list;
WHEREAS, the City is desirous of retaining a consultant to this end; and
WHEREAS, Consultant warrants and represents that they are experienced and staffed in a
manner such that they are and can prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the terms and conditions of this
Agreement;
Page I
Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually
agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7,
entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant shall also
perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according to, and within the time frames set
forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A,
Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement.
The General Duties and the work and deliverables required in the Scope of Work and Schedule shall
be heroin referred to as the "Defined Services". Failure to complete the Defined Services by the
times indicated does not, except at the option of the City, operate to terminate this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time reduce the
Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and
Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding
reduction in the compensation associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require Consultant
to perform additional consulting services related to the Defined Services ("Additional Services"), and
upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant
shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in
Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation
for Additional Services shall be paid monthly as billed.
E. Standard of Care
Page 2
Consultant, in performing any Services under this agreement, whether Defined Services or
Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing under similar conditions and in similar
locations.
F. Insurance
Consultant represents that it and its agents, staff and subconsultants employed by it in
connection with the Services required to be rendered, are protected against the risk of loss by the
following insurance coverages, in the following categories, and to the limits specified, policies of
which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall
meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in
the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile Insurance coverage
in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each
project away from premises owned or rented by Consultant, which names City as an Additional
Insured, and which is primary to any policy which the City may otherwise carry ("Primary
Coverage"), and which treats the employees of the City in the same manner as members of the
general public CCross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless
Errors and Omissions coverage is included in the General Liability policy.
G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein required, prior to the commencement
of services required under this Agreement, by delivery of Certificates of Insurance demonstrating
same, and further indicating that the policies may not be canceled without at least thirty (30) days
written notice to the Additional Insured, ten (10) days if cancellation is due to nonpayment of
premium.
Consultant will provide a copy of notice of cancellation due to nonpayment of premium to
Additional Insured via second day air, upon receipt by Consultant of notice from Insurance provider.
(2) Policy Endorsements Required.
Page 3
In order to demonstrate the Additional Insured Coverage, Primary Coverage and'
Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy,
Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be
reviewed and approved by the Risk Manager.
H. Security for Performance.
(i) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a
Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Performance Bond", then Consultant shall provide to the City a performance
bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney which
amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19,
Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a
Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Letter of Credit", then Consultant shall provide to the City an irrevocable
letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter,
signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement.
The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk
Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of
Credit", in said Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide
security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled "Other Security"), then
Consultant shall provide to the City such other security therein listed in a form and amount
satisfactory to the Risk Manager or City Attorney.
I. Business License
Consultant agrees to obtain a business license from the City and to otherwise comply with
Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
Page 4
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the progress of the
Defined Services and Schedule therein contained, and to provide direction and guidance to achieve
the objectives of this agreement. The City shall permit access to its office facilities, files and records
by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the
information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further
understanding that delay in the provision of these materials beyond 30 days after authorization to
proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this
agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly,
on the day of the period indicated in Exhibit A, Paragraph ! 8, City shall compensate Consultant for
all services rendered by Consultant according to the terms and conditions set forth in Exhibit A,
Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next
to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of
Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A,
Paragraph 12.
All billings submitted by Consultant shall contain sufficient information as to the propriety of
the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and
shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be
charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on Exhibit A,
Paragraph 13, as said party's contract administrator who is authorized by said party to represent them
in the routine administration of this agreement.
4. Term
This Agreement shall terminate when the Parties have complied with all executory provisions
hereofi
5. Liquidated Dam'ages
The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A,
Paragraph 14.
Page 5
It is acknowledged by both parties that time is of the essence in the completion of this
Agreement. It is difficult to estimate the amount of damages resulting from delay in performance.
The parties have used their judgment to arrive at a reasonable amount to compensate for delay.
Failure to complete the Defined Services within the allotted time period specified in this
Agreement shall result in the following penalty: For each consecutive calendar day in excess of the
time specified for the completion of the respective work assignment or Deliverable, the consultant
shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate
provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays caused by the
City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the
expiration of the specified time. Extensions of time, when granted, will be based upon the effect of
delays to the work and will not be granted for delays to minor portions of work unless it can be
shown that such delays did or will delay the progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is
deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the City Clerk on the required Statement
of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if
none are specified, then as determined by the City Attorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make,
or participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a financial
ihterest other than the compensation promised by this Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and
represents that Consultant has diligently conducted a search and inventory of Consultant's economic
interests, as the term is used in the regulations promulgated by the Fair Political Practices
Commission, and has determined that Consultant does not, to the best of Consultant's knowledge,
have an economic interest which would conflict with Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Page 6
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will not acquire, obtain, or assume an economic interest during the
term of this Agreement which would constitute a conflict of interest as prohibited by the Fair
Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will immediately advise the City Attorney of City if Consultant learns
of an economic interest of Consultant's, which may result in a conflict of interest for the purpose of
the Fair Political Practices Act, and regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's immediate
family members, nor Consultant's employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in any property which may be the subject matter of the
Defined Services, or in any property within 2 radial miles from the exterior boundaries of any
property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than
as listed in Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates in connection with Consultant's performance of this Agreement. Consultant
promises to advise City of any such promise that may be made during the Term of this Agreement, or
for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest
within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except
with the written permission of City.
Consultant may not conduct or solicit any business for any party to this Agreement, or for any
third party which may be in conflict with Consultant's responsibilities under this Agreement, except
with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability, cost and
expense (including without limitation attorneys fees) arising out of or alleged by third parties to be
the result of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and
Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is
legally responsible in connection with the execution of the work covered by this Agreement, except
only for those claims, damages, liability, costs and expenses (including without limitations, attorneys
fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees.
Page 7
Also covered is liability arising from, connected with, caused by or claimed to be caused by the
active or passive negligent acts or omissions of the City, its agents, officers, or employees which may
be in combination with the active or passive negligent acts or omissions of the Consultant, its
employees, agents or officers, or any third party.
With respect to losses arising from Consultant's professional errors or omissions, Consultant
shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and
employees, from and against all claims for damages, liability, cost and expense (including without
limitation attorneys fees) except for those claims arising from the negligence o? willful misconduct
of City, its officers or employees.
Consultant's indemnification shall include any and all costs, expenses, attorneys fees and
liability incurred by the
City, its officers, agents or employees in defending against such claims, whether the same proceed to
judgment or not. Consultant's obligations under this Section shall not be limited by any prior or
subsequent declaration by the Consultant. Consultant's obligations under this Section shall survive
the termination of this Agreement.
For those professionals who are required to be licensed by the state (e.g. amhitects and engineers),
the following indemnification provisions should be utilized:
1. Indemnification and Hold Harmless Agreement.
With respect to any liability, including but not limited to claims asserted or costs, losses,
attorney fees, or payments for injury to any person or property caused or claimed to be caused by the
acts or omissions of the Consultant, or Consultant's employees, agents, and officers, arising out of
any services performed involving this project, except liability for Professional Services covered
under Section X.2, the Consultant agrees to defend, indemnify, protect, and hold harmless the City,
its agents, officers, or employees from and against all liability. Also covered is liability arising from,
connected with, caused by, or claimed to be caused by the active or passive negligent acts or
omissions of the City, its agents, officers, or employees which may be in combination with the active
or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any
third party. The Consultant's duty to indemnify, protect and hold harmless shall not include any
claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its agents,
officers or employees. This section in no way alters, affects or modifies the Consultant's obligation
and duties under Section Exhibit A to this Agreement.
2. Indemnification for Professional Services.
Page 8
As to the Consultant's professional obligation, work or services involving this Project, the
Consultant agrees to indemnify, defend and hold harmless the City, its agents, officers and
employees from and against any and all liability, claims, costs, and damages, including but not
limited to, attorneys fees, losses or payments for injury to any person or property, caused directly or
indirectly from the negligent acts, errors or omissions of the Consultant or Consultant's employees,
agents or officers; provided, however, that the Consultant's duty to indemnify shall not include any
claims or liability arising from the negligence or willful misconduct of the City, its agents, officers
and employees.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants,
agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement
by giving written notice to Consultant of such termination and specifying the effective date thereof at
least five (5) days before the effective date of such termination. In that event, all finished or
unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared
by Consultant shall, at the option of the City, become the property of the City, and Consultant shall
be entitled to receive just and equitable compensation for any work satisfactorily completed on such
documents and other materials up to the effective date of Notice of Termination, not to exceed the
amounts payable hereunder, and less any damages caused City by Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the Consultants' negligence, errors, or
omissions in the performance of work under this Agreement has resulted in expense to City greater
than would'have resulted if there were no such negligence, errors, omissions, Consultant shall
reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit
City's rights under other provisions of this agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving specific written
notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30)
days before the effective date of such termination. In that event, all finished and unfinished
documents and other materials described hereinabove shall, at the option of the City, become City's
sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph,
Consultant shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials to the effective date of such termination.
Consultant hereby expressly waives any and all claims for damages or compensation arising under
this Agreement except as set forth herein.
P~e9
11. Assignability
The services of Consultant are personal to the City, and Consultant shall not assign any
interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or
novation), without prior written consent of City.
City hereby consents to the assignment of the portions of the Defined Services identified in
Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems
and any other materials or properties produced under this Agreement shall be the sole and exclusive
property of City. No such materials or properties produced in whole or in part under this Agreement
shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any
other country without the express written consent of City. City shall have unrestricted authority to
publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute,
and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics,
forms or other materials or properties produced under this Agreement. Any reuse by City for any
purpose other than the purpose intended in this Agreement shall be at City's sole risk.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an independent
contractor with sole control of the manner and means of performing the services required under this
Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant
and any of the Consultant's agents, employees or representatives are, for all purposes under this
Agreement, an independent contractor and shall not be deemed to be an employee of City, and none
of them shall be entitled to any benefits to which City employees are entitled including but not
limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave
benefits. Therefore, City will not withhold state or federal income tax, social security tax or any
other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold
the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the City unless a
claim has first been presented in writing and filed with the City and acted upon by the City in
accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same
may from time to time be amended, the provisions of which are incorporated by this reference as if
fully set forth herein, and such policies and procedures used by the City in the implementation of
same.
Page 10
Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable
attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who
is awarded substantially the relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the preparation
of a report or document in performing the Defined Services, Consultant shall include, or cause the
inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all
contracts and subcontracts relating to the preparation of the report or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no authority to act as
City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are
licensed with the State of California or some other state as a licensed real estate broker or
salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are
licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served or deposited in the United States
mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested,
at the addresses identified herein as the places of business for each of the designated parties.
D. Entire Agreement
Page 11
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the pa/ties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived
or discharged except by an instrument in writing executed by the party against which enforcement of
such amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other party that it has
legal authority and capacity and direction from its principal to enter into this Agreement, and that ail
resolutions or other actions have been taken so as to enable it to enter into this Agreement.
F. Governing Law/Venue
This Agreement shall be governed by and construed in accordance with the laws of the State
of California. Any action arising under or relating to this Agreement shall be brought only in the
federal or state courts located in San Diego County, State of California, and if applicable, the City of
Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder,
shall be the City of Chula Vista.
[end of page. next page is signature page.]
Page 12
Signature Page
to
Agreement between
City of Chula Vista
and
MuniFinancial
For Assessment District Apportionment Services
IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby
indicating that they have read and understood same, and indicate their full and complete consent to
its terms:
Dated: ,2003
City of Chula Vista
Attest:
by:
Steve Padilla, Mayor
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, City Attorney
Dated:
MuniFinancial
lJaul Whitelaw, Vice-President
Exhibit List to Agreement
(X) Exhibit A.
Page 13
Exhibit A
to
Agreement between
City of Chula Vista
and
MuniFinancial
1. Effective Date ofAgreement: Date ofApproval by City Council
2. City-Related Entity:
(x)
()
()
City of Chula Vista, a municipal chartered corporation of the State of California
.Redevelopment Agency of the City of Chula Vista, a political subdivision of the
State of California
Industrial Development Authority of the City of Chula Vista, a
( ) Other:
form]
("City")
3. Place of Business for City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
4. Consultant: MuniFinancial
Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
27368 Via Industria, Suite 110
Temecula, California 92590
Voice Phone (800) 755-6864
, a [insert business
Page 14
Fax Phone (909) 587-3510
7. General Duties:
The Consultant shall provide Assessment District apportionment and administrative services as
requested by the City for the Fiscal Years commencing from 2003-2004 to 2005-2006, with
provisions for two consecutive one-year extensions for Fiscal Years 2006-2007 and 2007-2008 at
City's sole discretion.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
The Consultant will be responsible for the following tasks:
Upon direction of the City, the Consultant shall apportion the liens amongst the newly
created parcels in accordance with the method of spread adopted in the Engineer's Report
for each District and file the segregation with the County Tax Auditor after the City
reviews and provides authorization.
The Consultant shall annually prepare amended assessment diagram(s) for each
Assessment District which requires apportionment. One Mylar copy shall be provided to
the City and one copy recorded with the County of San Diego for each amended
assessment diagram.
The Consultant shall prepare the annual collections tape for all Assessment Districts to be
submitted to the County Tax Auditor. The City shall be provided with an electronic copy
of the tape subrffitted to the County.
The Consultant shall update spreadsheets showing assessment number, assessor parcel
number (Al?N), outstanding principal, assessment installment, County and City f~es,
interest and new outstanding principal for all parcels within Assessment Districts, totals
for all columns and a summary sheet showing interest rates and estimated total amount
for all remaining years. For each District where there has been a reapportionment, sheets
shall be provided which show how each original parcel was reapportioned, including the
original and new parcel numbers and acreage, and the original principal for each. The
City shall be provided with computer digital files compatible with Microsoft Excel
software and three printed hard copies.
The Consultant shall send to the original purchaser of the District bonds a notice of
apportionment and a copy of the revised assessment diagram in accordance with the
Improvement Bond Act of 1915 after the City reviews the diagrams and provides
authorization.
Page 15
f. The Consultant shall notify the underwriters by registered mail prior to the County's August
deadline but after review of the information by the City.
The Consultant shall provide a toll-free number to respond to questions from City staff or
property owners.
A. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
B. Dates or Time Limits for Delivery of Deliverables:
August 1: Electronic Tape to the County, hard copies and computer
digital files of items 8c and 8d above to the City on an annual basis.
September 30: A copy of each Amended Assessment Diagram as
specified in Item Bb.
C. Date for completion of all Consultant services:
Three years from the effective date of agreement. At City's sole discretion, City may
administratively extend this date for two one-year options.
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $i,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
( ) Errors and Omissions insurance: None Required (included in Commemial General
Liability coverage).
(X) Errors and Omissions Insurance: $250,000 (not included in Commemial General
Liability coverage).
I0. Materials Required to be Supplied by City to Consultant:
List of the Assessment Districts the City would like Consultant to administer for each
Fiscal Year
Copy of the Final Engineer's Report and Final Official Statement for each
Assessment District
Page 16
Listing of parcels that have paid off their assessments (partially or fully) since the
Assessment Districts were formed
List of the bonds that have been called for each Assessment District since the bonds
were issued. The list should include the amount of bonds called and their
corresponding Fiscal Year for each Assessment District
List of parcels requiring apportionment services for each Assessment District for
each Fiscal Year
Name and address of the underwriter or other original pumhaser of the bonds for each
Assessment District
A sample copy of the City-approved notice to underwriters or other original
purchaser of bonds
A copy of last year's database (in electronic format where available)and diagrams for
each Assessment District.
11. Compensation:
A. (X) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required, City shall
pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth
below:
Single Fixed Fee Amount: Not to exceed $150,000 , payable as follows:
(1) Mapping Costs: The following fees will only apply to those districts which require
amended Assessment Diagram(s):
Number of New Parcels
Created per District
Base Fee Per Pamel Fee
1 - 25 parcels $950 $18
26 - 100 parcels $850 $15
101 - 500 parcels $750 $12
> 500 parcels $650 $10
(2) Data Processing and Updating Costs: These costs apply to all parcels:
Page 17
Spreadsheet Updating: $0.50 per parcel
Electronic Tape Preparation: $0.30 per parcel
Milestone or Event or Deliverable Amount or Pement of Fixed Fee
()
1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a percentage of
completion basis for each given phase such that, at the end of each phase only
the compensation for that phase has been paid. Any payments made
hereunder shall be considered as interest free loans which must be returned to
the City if the Phase is not satisfactorily completed, ff the Phase is
satisfactorily completed, the City shall receive credit against the
compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at
the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion of a phase shall
be assessed in the sole and unfettered discretion by the Contracts
Administrator designated herein by the City, or such other person as the City
Manager shall designate, but only upon such proof demanded by the City that
has been provided, but in no event shall such interim advance payment be
made unless the Contractor shall have represented in writing that said
percentage of completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this
agreement to a time and materials basis of payment.
B. ( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by Consultant as are
separately identified below, City shall pay the fixed fee associated with each phase of Services, in the
amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence
Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall
have issued a notice to proceed to Consultant as to said Phase.
Phase
Fee for Said Phase
Page 18
()
1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a percentage of
completion basis for each given phase such that, .at the end of each phase only
the compensation for that phase has been paid. Any payments made
hereunder shall be considered as interest free loans which must be returned to
the City if the Phase is not satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive credit against the
compensation due for that phase. The retention amount or pementage set
forth in Paragraph 19 is to be applied to each interim payment such that, at
the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion of a phase shall
be assessed in the sole and unfettered discretion by the Contracts
Administrator designated herein by the City, or such other person as the City
Manager shall designate, but only upon such proof demanded by the City that
has been provided, but in no event shall such interim advance payment be
made unless the Contractor shall have represented in writing that said
percentage of completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this
agreement to a time and materials basis of payment.
C. ( ) Houriy Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City shall pay
Consultant for the productive hours of time spent by Consultant in the performance of said Services,
at the rates or amounts set forth in the Rate Schedule herein below according to the following terms
and conditions:
(1) ( ) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in
excess of said Maximum Compensation amount, Consultant agrees that Consultant
will perform all of the Defined Services herein required of Consultant for
$ including all Materials, and other "reimbursables" ("Maximum
Compensation").
(2)
( ) Limitation without Further Authorization on Time and Materials
Arrangement
At such time as Consultant shall have incurred time and materials equal to
("Authorization Limit"), Consultant shall not be entitled to any
additional compensation without further authorization issued in writing and approved
by the City. Nothing herein shall preclude Consultant from providing additional
Services at Consultant's own cost and expense.
Page 19
Category of Employee
of Consultant
Division Manager
Name
Rate Schedule
Hourly
Rate
Paul Whitelaw,
Gerald Dalziel
Bob Quaid
Mark Risco
Maureen Coleman
Torie Brown
Valerie White
Principal Consultant
Senior Project Manager
Project Manager
Senior Analyst
Analyst
Analyst Assistant
Property Owner Services Representative
Support Staff
$180
$145
$125
$105
$85
$75
$65
$50
$45
( ) Hourly rates may increase by 6% for services rendered after [mont~h], 200._.,
if delay in providing services is caused by City.
(3) (X) Additional Services Upon Request
At any time during the term of this Agreement the Director of Engineering may
request the Consultant to perform additional services not included in the Scope of
Work. The Consultant shall perform the same on a "time and material" basis at the
rates set forth in the "Schedule of Hourly Rates" set forth above. These costs shall
not be increased during the first three years of the contract but may be renegotiated
for the additional two one-year extensions.
12. Materials Reimbursement Arrangement
For the cost of out-of-pocket expenses incurred by Consultant in the performance of services
herein required, City shall pay Consultant at the rates or amounts set forth below:
(X) None, the compensation includes all costs.
Page 20
Cost or Rate
()
()
Reports, not to exceed $.__
Copies, not to exceed $ __
Travel, not to exceed $.__:
Printing, not to exceed $~__
Postage, not to exceed $.__
Delivery, not to exceed $ :
Long Distance Telephone Charges,
not to exceed $
Other Actual Identifiable Direct Costs:
, not to exceed $
, not to exceed $
13. Contract Administrators:
City: Catherine Burciaga, Administrative Services Manager
City of Chula Vista
Engineering Department
(619) 409-5844
Consultant: Paul Whitelaw, Vice-President
MuniFinancial
(800) 755-6864
14. Liquidated Damages Rate:
( ) $__ per day.
( ) Other:
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest
Code:
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
( ) Category No. 1. Investments and sources of income.
( ) Category No. 2. Interests in real property.
()
Category No. 3. Investments, interest in real property and sources of income
subject to the regulatory, permit or licensing authority of the department.
Page 21
~ategory No. 4. Investments in business entities and soumes of income
which engage in land development, construction or the acquisition or sale of
real properly.
Category No. 5. Investments in business entities and soumes of income of
the type which, within the past two years, have contracted with the City of
Chula Vista (Redevelopment Agency) to provide services, supplies,
materials, machinery or equipment.
Category No. 6. Investments in business entities and sources of income of
the type which, within the past two years, have contracted with the designated
employee's department to provide services, supplies, materials, machinery or
equipment.
( Category No. 7. Business positions.
(X) List "Consultant Associates" interests in real property within 2 radial miles of Project
Property, if any:
16. ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
None
18 Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
( ) Monthly
( ) Quarterly
(X) Other: Annually, after Consultant has completed all tasks described under
Section 8: Scope of Work to the satisfaction of the City
B. Day of the Period for submission of Consultant's Billing:
Page 22
( ) First of the Month
( ) 15th Day of each Month
( ) End of the Month
( ) Other:
C. City's Account Number:
19 Security for Performance
) Performance Bond, $
) Letter of Credit, $
) Other Security:
Type:
Amount: $
Retention. If this space is checked, then notwithstanding other provisions to the
contrary requiring the payment of compensation to the Consultant sooner, the City
shall be entitled to retain, at their option, either the following "Retention
Percentage" or "Retention Amount" until the City determines that the Retention
Release Event, listed below, has occurred:
( ) Retention Percentage: __
( ) Retention Amount: $
Retention Release Event: ( ) Completion of All Consultant Services
( ) Other:
J:~Engineer~ASMTDIST~A~PTMTSVC\2PTY14 for contract 2003.doc
Page 23
COUNCIL AGENDA STATEMENT
Item:
Meeting Date:
05120/2003
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
RESOLUTION
BUDGET AND APPROPRIATING
LIVESCAN SERVICES BASED UPON
REVENUES.
Chief of Police~
City Manager ~, 0~'
AMENDING THE FY 02-03 POLICE
$135,O00 FOR
UNANTICIPATED
(4/5ths Vote: Yes__
X No )
The Police Department has recently experienced an increase in the number of
requests for Livescan service. The increased volume in Livescan service
necessitates an adjustment to the Police budget.
RECOMMENDATION: That Council amend the FY 02-03 Police budget and
appropriate $135,000 for other expenses based upon unanticipated revenues.
BOARDS/COMMISSIONS RECOMMENDATIONS: None
DISCUSSION: Livescan allows the department to digitally transmit fingerprints to
the California State Department of Justice (DO J). This service significantly
reduces the amount of time required for the DOJ to return criminal history
information. Before Livescan was implemented, it would take a minimum of 6
weeks to receive information back from the DOJ. With Livescan, the average
turnaround time for criminal history information is 24 hours. The Police
Department performs Livescan services for department backgrounds, City of
Chula Vista Human Resources, as well as school districts and other employers
requiring fingerprinting. The Police Department has recently experienced an
increase in the number of requests for this service. The Livescan service fee
includes a City fee, a Department of Justice fee and may include a FBI fee and
other related fees depending upon the specific needs of the customer (fees vary
based upon the different level of criminal checks performed).
The department collects the DOJ and FBI fee on behalf of these agencies; on a
monthly basis the department then forwards both of these fees to the DOJ. As a
result of the increased volume in requests for Livescan service, there is a need to
appropriate additional revenue and expenditures to allow for the payment of the
DOJ fees.
FISCAL IMPACT: There is no net impact to the general fund.
RESOLUTION NO.
RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY 02-03 POLICE
BUDGET AND APPROPRIATING $135,000 IN REVENUES
AND $135,000 iN EXPENDITURES FOP, LIVESCAN
SERVICES
WHEREAS, the Police Department has experienced an increase in the
number of requests for Livescan service necessitating an adjustment to the
Police budget;
WHEREAS, the Police Department collects a fee for Livescan on behalf of
the Department of Justice and remits payment on a monthly basis;
WHEREAS, the appropriation of $135,000 in additional revenue and
$135,000 in expenditures are sufficient to address the increase volume in
Livescan services;
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of
Chula Vista does hereby amend the FY 02-03 Police budget and appropriates
$135,000 in revenues and $135,000 in expenditures.
Presented by:
Richard P. Emerson
Police Chief
Approved as to form by:
Ann Moore
City Attorney
COUNCIL AGENDA STATEMENT
Item:
Meeting Date: 5/20/03
ITEM TITLE: Resolution of the City Council of the City of Chula Vista
amending the FY03 Planning and Building Department budget by transferring $66,000
from the Supplies & Services expenditure category to the Capital expenditure category for
the purchase of three vehicles and computers for the code enforcement program.
SUBMITTED BY: Director of Planning and Build~,~.
REVIEWED BY: City Manager ~i~ ,~ (4/5tbs Vote: Yes X No--)
On April 9, 2003, the City Council identified improved code enforcement as one of the City's
top priorities. In response, the FY04 proposed budget includes three new staff for code
enforcement to implement a proactive code enforcement program. Council policy requires that
Council approve transfers between expenditure categories of more than $15,000. It is
recommended that Council approve a transfer from supplies and services to capital to purchase
the vehicles and computers this year with budgetary savings so that once new staff are approved
and hired there will be no delay in beginning desired field work.
RECOMMENDATION: That City Council approve the resolution amending the FY03
Planning and Building Department budget by transferring $66,000 from the Supplies & Services
expenditure category to the Capital expenditure category for the purchase of three vehicles and
computers for the code enforcement program.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
On April 9, 2003, City Council identified five strategic themes for the City of Chula Vista. The
Strong and Safe Neighborhood theme has a component for Neighborhood Revitalization with
proactive code enforcement. To implement proactive code enforcement, there is a need to
increase the number of staff in the Code Enforcement section of the Planning & Building
Department. In the FY04 budget, Council is being requested to approve the addition of three
code enforcement staff, and appropriate the operating budget associated. Due to FY04 budget
constraints, Council is being requested to approve a budget amendment to the FY03 budget of
the Planning & Building Department for the capital purchase of the three vehicles and three
computers for the proposed code enforcement positions, needed equipment in the performance of
their daily duties. The advance capital purchases will also assure there will be no delay in
beginning the desired field work.
Page 2, Item /
Meeting Date: 5/20/2003
FISCAL IMPACT:
Planning & Building Department is requesting the transfer of $66,000 in unused consuking
expenditure budget in the Supplies & Services expenditure category to the Capital expenditure
category. Maintenance and replacement costs of $3,667 annually per vehicle will be included in
the FY04 Proposed budget.
H:\Bld_Hsg\Karens\Code Enforcement Vehicles All3rl,doc
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AMENDING THE FY03 PLANNING
AND BUILDING DEPARTMENT BUDGET BY
TRANSFERRING $66,000 FROM THE SUPPLIES &
SERVICES EXPENDITURE CATEGORY TO THE
CAPITAL EXPENDITURE CATEGORY FOR THE
PURCHASE OF THREE VEHICLES AND COMPUTERS
FOR THE CODE ENFORCEMENT PROGRAM.
WHEREAS, on April 9, 2003, the City Council identified improved code
enforcement as one of the City's top priorities; and,
WHEREAS, in response, the proposed FY04 budget includes three new staff for
code enforcement to implement a proactive code enforcement program; and,
WHEREAS, staff has identified $66,000 in unused supplies & services budget in
FY03 for the recommended advance capital purchase of three vehicles and computers for
the proposed staff; and,
WHEREAS, Council policy requires that Council approve transfers between
expenditure categories of more than $15,000.
NOW, THEREFORE, BE IT RESOLVED that the City Cotmcil of the City of
Chula Vista does approve the budget amendment transferring $66,000 in services &
supplies budget to capital budget in the Planning and Building Department for the
purchase of three vehicles and computers for the Code Enforcement program.
Presented by
Approved as to form by
Planning and Building Director
Ann Moore
City Attorney
H:~Attomey\Cod~ Vehicles Rcso 5-20-03
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 5/20/2003
ITEM TITLE:
Resolution Accepting bids, and awarding contract for the "Otay
Park Renovation-New Restroom", in the City 0f Chula Vista, CA (PR -240)
project to HAR Construction, Inc. in the amount of $146,009.68.
SUBMITTED BY:
REVIEWED BY:
Director of Building and Park Construction',~.r~..~t ~.~
City Manager ~ ~7~ (4/5tbs Vote: Yes
No X )
At 10:00 a.m. on Wednesday, April 16, 2003, the Director of Building and Parks Construction
received sealed bids for the "Otay Park Improvements -New Restroom, in the City of Chula Vista,
CA (PR-240)" projects. This project provides for improvement work within the existing Otay Park.
The improvement work to be done includes grading, excavation and compaction, demolition of
existing restroom, construction ora new ADA restroom with a storage facility and ADA accessible
walkways. The work also includes all labor, material, equipment, transportation, protection and
restoration of existing improvements, traffic control, and all appurtenances and other work necessary
for completion of the project.
RECOMMENDATION:
That Council accept bids and award the contract for the "Otay Park Renovation- New Restroom, in
the City of Chula Vista, CA (PR-240)" project to Har Construction, Inc. in the amount of
$146,009.68.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The proposed improvements to the Otay Park Renovation - New Restroom includes grading,
excavation and compaction, demolition of existing restroom and will incorporate construction of a
new ADA accessible restroom and storage facility with ADA walkways. The work also includes all
labor, material, equipment, transportation, protection and restoration of existing improvements,
traffic control, and all appurtenances and other work necessary for completion of the project. There
have been numerous repairs to the existing restrooms that should decrease with a more spacious and
modem facility.
The architectural services of Planning Gurus, Inc. were retained for the preparation of the project's
scope of work and plans. Staffreceived and opened bids on April 16, 2003. Bids were received fi.om
five (5) contractors to perform the work as follows (listed in order of base bid amount):
Page 2, Item ~7
Meeting Date 5/20/03
Contractor
HAR Construction Inc.
The Bath & Kitchen Co.
Famania Construction
Stevens Construction
Fordyce Construction
Base Bid Amount
$146,009.68
$153,064.00
$158,588.00
$162,225.00
$184,255.00
The low bid by HAR Construction, Inc. is above the projects estimate of $120,000 by $26,009.68.
The estimate was based on prices for similar types of work completed. This project differs from
comparable restroom replacements as this is being constructed in a new location requiring additional
infrastructure costs for sewer lines and grading. Staff feels that the low bid received is satisfactory
and that re-advertisement of the project would not result in any significant cost savings. Staff has
reviewed the low bid, verified all references and confirmed Contractor's License (616047) is clear
and current. Staff recommends awarding the contract to HAR Construction, Inc. of National City,
California, in the amount of $146,009.68.
Disclosure Statement
Attached is a copy of the contractor's Disclosure Statement.
Environmental Status
The Environmental Review Coordinator has reviewed the work involved in this proposed project for
compliance with the California Environmental Quality Act (CEAQ) and has determined that the
proposed project is exempt from CEQA pursuant to Section 15301(c)(1), replacement or
reconstruction of existing facilities, of the State CEQA Guidelines. Thus, no further environmental
review is necessary.
WaRe Statement
This project is funded through CI]? funds consisting of Residential Construction Taxes (RCT).
Contractors bidding this project were not required to pay prevailing wages to persons employed by
them for the work under this project. Disadvantaged businesses were encouraged to bid through the
sending of the Notice to Contractors to various trade publications.
FISCAL IMPACT:
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount (HAR Construction, Inc.)
B. Contingencies (approximately 10%)
C. Staff Costs (Design, Inspection, Administration)
D. Material Testing
TOTAL FUNDS REQUIRED FOR CONSTRUCTION
$146,009.68
$ 14,600.00
$ 24,600.00
$ 5,000.00
$190,209.68
Page 3, Item ~
Meeting Date 5/20/03
FUNDS AVAILABLE FOR CONSTRUCTION
Residential Construction Tax
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION
$190,209,68
$190,209.68
The above action of awarding the contract will authorize a total expenditure of$190,209.68 from the
budgeted CIP project. Upon completion of the project, only routine City maintenance will be
required.
Attachment (s): 1 - Disclosure Statement
JSBPC~BPC Administ~ation~Agenda\Otay park Renovation - Restroom~A1 13 Council A.doc
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 101-01, prior to any action upon matters which will require discretionary
action by the Council, planning Commission and all other official bodies of the City, a statement of
disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of
Chula Vista election must be filed. The following information must be disclosed:
List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals with a $1000 investment in the business (corporation/partnership) entity.
If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names
of any person serving as director of the non-profit organization or as trustee or beneficiary or
tmstor of the trust.
Please identify every person, including any agents, employees, consultants, or independent
contractors you have assigned to represent you before the City in this matter.
Has any person* associated with this contract had any financial dealings with an official** of the
City of Chula Vista as it relates to this conUact within the past 12 months? Yes No ~
If Yes, briefly describe the nature of the financial interest the official** may have in this conu'act.
6. Have you made a contribution of more than $250 w~thin the~past twelve (12) months to a current
member of the Chula Vista City Council? Yes._..~No ~ If Yes, which Council member?
Have you or a~y member of your governing board (i.e. Corporate Board of Directors/Exeeutives,
non-profit Board of Directors made contributions totaling more than $1,000 over the past four (4)
to a current member of the Chuia Vista City Council? Yes No,,~ If Yes, wl~ch
years
Council member?
Have you provided more than $300 (or an item of equivalent value) to an official** of the City
of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to
retire a legal debt, gift, loan, etc.) Yes No .~ If Yes, which official** and what was
the nature of item provided?
S tor/Applicant
Print or type name of Contractor/Applicant
* Person is defined as: any individual, firm, co-patmership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality,
district, or other political subdivision, -or any other group or combination acting as a unit.
** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner,
Member of a board, commission, or committee of the City, employee, or staff members.
CAprogram files~ualcomm~udorak~ach'~PR 240 OPR. doc
14
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING BIDS, AND AWARDING CONTRACT FOR THE
"OTAY PARK RENOVATION-NEW RESTROOM," IN THE CITY OF
CHULA VISTA, CA. (PR-240) PROJECT TO HAR CONSTRUCTION,
INC., IN THE AMOUNT OF $146,009.68
WHEREAS, on April 16, 2003, the Director of Building and Parks Construction received
the following five (5) bids for the "Otay Park Improvements-New Restroom, in the City of Chula
Vista, CA (PR-240)" projects:
Coutractor
Base Bid Amount
I. HAR Construction, Inc.
2. The Bath & Kitchen Co.
3. Famania Construction
4. Stevens Construction
5. Fordyce Construction
$146,009.68
$153,064.00
$158,588.00
$162,225.00
$184,255.00
WHEREAS, City staff reviewed the lowest bid for the project submitted by HAR
Construction which is above the engineer's estimate of $120,000 by $26,009.68; and
WHEREAS, it is staffs opinion that the bid is reasonable in light of the work to be done
and is responsive; and
WHEREAS, this project provides for improvement work including grading, excavation
and compaction, demolition of existing restroom, construction of a new ADA restroom with a
storage facility and ADA accessible walkways; and
WHEREAS, the work also includes all labor, material, equipment, transportation,
protection and restoration of existing improvements, traffic control, and all appurtenances and
other work necessary for completion of the project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby accept bids and award the contract for the "Otay Park Renovation-New
Restroom", in the City of Chula Vista, CA (PR-240)" project to HAR Construction, Inc in the
amount of $146,009.68 and authorizes the Mayor to execute said contract.
Presented by
Dave Rowlands
City Manager
J:\attomey\reso\ Otay Park Renovation Bid
Aply,%ved as to form__
AngZvloore fi/
~i~y Attorney ~/
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMENT
Item
Meeting Date May 20~ 2003
Resolution Rejecting bids for "Los Ninos and Greg
Rogers Park - New Restroom, in the City of Chula Vista, CA (PR
214)" project.
Director of Building and Park Construction ~. q,, 8.1[
City Manager ~v~ (4/Sths Vote: __ No X )
At 10:30 a.m. on Wednesday, April 16, 2003, the Director of Building and Park Construction
received sealed bids for the "Los Ninos and Greg Rogers Park - New Restroom, in the City of
Chula Vista, CA (PR 214)" project. The work consists of the demolition of existing restrooms at
Los Ninos Park and Greg Rogers Park, and construction of new restrooms including labor,
material, equipment and transportation necessary to complete the project.
RECOMMENDATION: That Council reject the bids received for the project due to lack of
expected State Recreational Grant funds being available necessary to fund the project.
BOARDS/COMMISSION: Not Applicable
DISCUSSION:
The project provides for improvement work within the existing Los Ninos Park and Greg Rogers
Park. The improvement work to be done includes grading, excavation and compaction,
demolition of existing restroom, construction of a new ADA restroom with a storage facility and
ADA accessible walkways to comply with federal law. There have been numerous repairs to the
existing restrooms that should decrease with more spacious and modem facilities.
The architectural services of Planning Gums, Inc. were retained for the preparation of the
project's scope of work and plans.
Staff advertised the project on March 28, 2003. Staff received and opened bids on April 16,
2003 from six (6) contractors to perform the work as follows (listed in order of base bid mount):
Contractor
Stevens Construction
The Bath & Kitchen Company
HAR Construction
Famania Construction
Fordyce Construction
Healey Construction
Base Bid
$265,650.00
$297,270.00
$305,156.71
$307,000.00
$328,597.00
$384,473.00
The low bid by Stevens Construction is higher than the projects estimate of $240,000.00
($120,000 for each restroom) by $25, 650.00 or 11.0%.
Page 2, Item -!
Meeting Date 05/20/03
During the bid review process, it was determined that there would be a lack of expected State
Recreational Grant funds available necessary to fund a considerable portion (30%) of the project.
It is stated in the Notice to Contractors that the "Bidder acknowledges that City may reject any
and all bids", therefore, staff recommends that all bids received for the "Los Ninos and Greg
Rogers Park - New Restroom, in the City of Chula Vista, CA (PR 214)" project be rejected by
City Council.
Upon confirmation and availability of State Recreational Grant funds, the project will be re-
advertised and re-bid.
FISCAL IMPACT: There will be minor staffcosts to re-bid the project.
File: PR 214
J:XBPC~BPC Administration~Agenda~Los Ninos and Greg Rogers Restrooms\Council Agenda Statement -
reject bids.doc
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA REJECTING BIDS FOR "LOS NINOS AND
GREG ROGERS PARK - NEW RESTROOM, IN THE CITY OF
CHULA VISTA, CA (PR-214)" PROJECT
WHEREAS, the City has determined that new restrooms would be beneficial in Los
Ninos and Greg Rogers Park; and
WHEREAS, City advertised for bids on March 28, 2003; and
WHEREAS, in the Notice to Contractors, City retained its discretion to reject any and all
bids; and
WHEREAS, at 10:30 a.m. on April 16, 2003, the Director of Building and Park
Construction received six sealed bids for the "Los Ninos and Greg Rogers Park - New Restroom,
in the City of Chula Vista, CA (PR 214) project; and
WHEREAS, during the bid review process, it was determined that the anticipated State
Recreational Grant funds necessary to fund a considerable portion (30%) of the project would not
be available, thus making the project infeasible at this time; and
WHEREAS, upon confirmation and availability of State Recreational Grant funds, the
project will be readvertised and re-bid.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby reject all bids for "Los Ninos and Greg Rogers Park - New Restroom, in the
City of Chula Vista, CA (PR 214)" project due to lack of expected State Recreational Grant
funds being available necessary to fund the project.
Presented by
Cliff Swanson
Director of Engineering
Approved as to form by
J:\attonlcy\reso\bid reject Los Ninos & Greg Rogers Park
COUNCIL AGENDA STATEMENT
Item I0
crlY o~
CHUIAVISTA Meeting Date 5/20/2003
ITEM TITLE: Resolution Ratifying the submittal of an Application to the
Department of Conservation Division of Recycling (DOR) for $53,830
for Litter Reduction and Recycling Activities and Authorizing the City
Manager to Execute all Documents incC. xonjunction with Executing the
Activities. ~~-, ~
SUBMITTED BY: Special Operations Mana~\
REVIEWED BY: City Manage Vi (4/5ths Vote: Yes No X)
BACKGROUND: The Beverage Container and Litter Reduction act require California
businesses that sell beverage containers in the state to collect a deposit. Chnla Vista consumers
pay a deposit of 2.5 c or 5C per container when they purchase water, soft drinks, sports drinks,
beer and some juices in containers under a gallon. Consumers may obtain a refund on their
deposit at certified redemption centers throughout California. "Convenient Zone Centers,"
are also typically located at grocery stores that do not have an alternate redemption center
within a quarter mile. Chula Vista has Convenient Zone Centers at both Ralph's Groceries,
Food For Less and all Vons stores. Historically, the deposit fund has carried a large annual
surplus. The Beverage Container Recycling and Litter Reduction Act now mandates that the
DOR use a portion of the funds ($10.5 million state-wide) to provide annual payments to local
governments for litter reduction and collection programs that encourage recycling. If the City
does not accept the funds allocated to the City in this cycle the portion allocated to Chula Vista
will return to the states beverage deposit fund.
RECOMMENDATION: Adopt the resolution as requested by the State and authorize the
City Manager to execute all documents in conjunction with payment and related programs.
BOARD/COMMISSIONS RECOMMENDATION: The programs outlined in the
application are part of the City's Integrated Solid Waste Management Plan that has been
reviewed and approved by the Resource Conservation Commission as part of the Source
Reduction and Recycling Element.
DISCUSSION: The California Beverage Container Recycling and Litter Reduction Act
requires the Division of Recycling to Distribute a total of $10.5 million per year to eligible
Cities and Counties for beverage container recycling and litter clean up activities. This is the
first year that the Department of Conservation has been required to make the annual payments.
Staff was aware of the proposed payment and included the City's share ($53,830) as revenue in
the 2000- 2001 budget. The funds will provide recycling education that; promotes curbside
residential recycling, provides technical assistance to businesses to expand their commercial
recycling efforts and implements recycling at City facilities and special events. The proposed
program is briefly outlined in the State's abbreviated application (Attachment A).
Page 2, Item ~
Meeting Date 5120/2003
The amount of funds allocated to the City ($53,830) are established by statute and based on
population. There is no sunset to the provision and the state anticipates the allocation
remaining stable for several years. No local matching funds are required by the State and none
are recotrrmended. These funds will assist the City meet the state mandated landfill diversion
requirements (AB 939, the Ca Integrated Waste Management Act) by funding programs that
will increase the City's diversion of rigid glass, aluminum, steel and plastic food and beverage
containers.
FISCAL IMPACT: The funds are awarded upon request and commitment to direct the funds
to recycling programs. The $53,830 will help the City implement recycling programs for
multi-family complexes and businesses that will help keep their future solid waste costs down
and potentially reduce their current rates. The funds are considered supplemental and
compliment the City Integrated Solid Waste Management Plan, which is funded by AB 939
fees generated by Chula Vista solid waste generators. There will be no impact to the general
fund as a result of accepting these funds or implementing the programs described.
mtm:used oil
a:blkgnt96.cas
Attachment
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RATIFYING THE SUBMITTAL OF AN
APPLICATION TO THE DEPARTMENT OF CONSERVATION
DIVISION OF RECYCLING (DOR) FOR $53,830 FOR LITTER
REDUCTION AND RECYCLING ACTIVITIES AND
AUTHORIZiNG THE CITY MANAGER TO EXECUTE ALL
DOCUMENTS IN CONJUNCTION WITH EXECUTING THE
ACTIVITIES
WHEREAS, the California Beverage Container Recycling and Litter Reduction Act
require California businesses that sell beverage containers in the state to collect a deposit; and
WHEREAS, the Beverage Container Recycling and Litter Reduction Act now
mandates that the DOR use a portion of the deposit funds ($10.5 million state-wide) to provide
annual payments to local governments for litter reduction and collection programs that encourage
recycling; and
WHEREAS, state law requires staff to apply for its share of these funds ($53,830);
and
WHEREAS, the funds will provide recycling education that; promotes curbside
residential recycling, provides technical assistance to businesses to expand their commercial
recycling efforts and implements recycling at City facilities and special events.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby ratify the submittal of an Application to the Department of Conservation Division of
Recycling (DOR) for $53,830 for Litter Reduction and Recycling Activities and authorize the City
Manager to execute all documents in conjunction with executing the program in final forms
approved by the City Attorney.
Presented by
~4ichael Meachum
Special Operations Manager
Approved as to fom~ by
J :\Attomcy\Reso\Fin ance\Depl of Conservation
COUNCIL AGENDA STATEMENT
Item: ~]
Meeting Date: 5/20/03
ITEM TITLE:
Resolution transferring $3,888,945 of Developer contribution
from the Capital Improvement Fund to the Park Acquisition and
Development Fund; unencumber $3,888,945 from CIP project PR-238
(Neighborhood Park Construction Sunbow Development) from the
Capital Improvement Fund; and appropriating $3,420,117 from the
available balance of the Park Acquisition and Development Fund; and
appropriating $866,125 from the available balance of the Public Facilities
Development Impact Fee Fund to CIP project PR-238 (to be renamed
Veterans Park).
SUBMITTED BY:
REVIEWED BY:
Resolution approving a Design Build Agreement with Douglas
E. Barnhart Inc. for the provision of services required to design and
construct Veterans Park, located along East Palomar between Davies
Drive and Medical Center Court in eastern Chula Vista, and authorizing
the Mayor to execute said agreement
Andy Campbell, Director of Building and Park Construction ~ ~;' ~r- ¢.
City Manager~',~,;~ (4/Sths Vote: Yes X No )
The City Council previously approved CIP project #PR-238 and the Master Plm~ for Veterans
Park which conceptually designed and provided for the construction of a completed and fully
functional park and recreation center. The project is ready to begin the design phase. The
resolutions before council this evening will appropriate needed funds to design and construct the
project and award Douglas E. Barnhart, Inc. the Design Build Agreement for Veterans Park.
RECOMMENDATION:
At this time Staff recommends that the above items continue to the May 27, 2003 Council
Meeting.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
1/-/
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMENT
/,3
Item: ~
Meeting Date: 5/~1a3/03
Resolution Approving an Agreement for Contribution of funds by
and between the City of Chula Vista and San Diego Expressway,
L.P,, a California limited partnership ("SDELP") through California
Transportation Ventures, Inc., a California corporation, its general
partner ("CTV") and Appropriating $1,414,500 from the Interim
SR#125 Development Impact Fund
George Krempl, Assistent City Manager
City Manager ~.~ ~'-/ (4/5ths Vote: Yes X No_)
CTV and the Plaintiffs in the lawsuit involving SR#125 are interested in reaching a
settlement. In conjunction therewith, the City, the developers, and CTV have also been
in discussion regarding a local contribution toward the settlement. This item is an
agreement between the City and C'FV concerning the use of Interim SR#125 DIF
monies to assist in that endeavor. By so doing, the City will help assure the timely
construction of the SR#125 toll road facility, which is an integral part of our
transportation system.
RECOMMENDATION: That the City Council approve the resolution.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The SR#125 toll road is proposed to connect SR#54 and Otay Mesa Road through
EasternChula Vista. The facility is a necessary component of the Chula Vista General
Plan and will provide for an orderly traffic circulation pattern in the city and throughout
the South Bay.
A number of environmental groups have filed suit challenging the federal environmental
approvals including the final EIPJEIS for the SR#125 South Project. The litigation was
filed against the Federal Highway Administration, U.S. Fish and Wildlife Service and the
U.S. Army Corps of Engineers; SDELP, as assignee for CTV and holder of the State
Development Franchise for the toll road project, intervened as a defendant in the
Federal litigation.
On March 10, 2003, the U.S. District Court denied the plaintiffs' motion for Summary
Judgment and granted the defendant's and intervenors' cross motions for Summary
Judgment in the Federal litigation.
Page 2, Item:
Meeting Date:
Both the plaintiffs and the defendantS now wish to enter into a settlement so as to avoid
further litigation effort and cost and the possibility of an appeal of the District Court's
judgment. By so doing, the toll read design, financing, grading and construction can be
advanced in a timely fashion thus completing this cdtical circulation element for the City
of Chula Vista. In addition, the settlement of this lawsuit would prevent the need for any
involvement, effort or cost by the City in said litigation.
The agreement provides a contribution of $1,414,500 of developer paid Interim SR#125
Development Impact Fees to SDELP in furtherance of bringing the toll read project to
fruition. The funds provided, excluding attorney's costs, are only to be used for
purposes of additional environmental mitigation beyond that which had been required
with the environmental approval of the Project. Use of the City contribution cannot
occur unless notice is received by February 15, 2004 indicating that all clearing of
environmentally sensitive areas in the project right of way north of Birch Parkway has
been completed.
The Environmental Review Coordinator has reviewed the proposed activity for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the activity is not a "Project" as defined under Section 15378 of the State CEQA
Guidelines; therefore, pursuant to Section 15060 (c) (3) of the State CEQA Guidelines
the activity is not subject to CEQA. Thus no environmental review is necessary.
FISCAL IMPACT:
There are sufficient funds in the Interim SR#125 Development Impact Fund to cover this
contribution. There is no impact to the General Fund as these monies have all been
paid by new development as building permits have been issued in the Eastern
Territories.
Attachment: Agreement for Contribution for Settlement for Litigation
RESOLUTION NO.
RESOLUTION APPROVING AN AGREEMENT FOR CONTRIBUTION
OF FUNDS BY AND BETWEEN THE CITY OF CHULA VISTA AND SAN
DIEGO EXPRESSWAY, L.P., A CALIFORNIA LIMITED PARTNERSHIP
("SDELP") THROUGH CALIFORNIA TRANSPORTATION VENTURES,
INC., A CALIFORNIA CORPORATION, ITS GENERAL PARTNER ("CTV")
AND APPROPRIATING $1,414,500 FROM THE. INTERIM SR#125
DEVELOPMENT IMPACT FUND
WHEREAS, Center for Biological Diversity, Preserve South Bay, San Diego Audubon
Society, Sierra Club and Preserve Wild Santee are Plaintiffs (collectively, hereinat~er,
"Plaintiffs") in litigation challenging federal environmental approvals for the SR 125 South
Project (Case No. 01 CV 1876 JM (PER)). The litigation was filed against three federal
defendants: Federal Highway Administration, U.S. Fish and Wildlife Service, and the U.S. Army
Corps of Engineers; and,
WHEREAS, SDELP intervened as a defendant in the federal litigation. SDELP, as
assignee of CTV, has entered into that certain Development Franchise Agreement, dated January
6, 1991, with the State of California, Department of Transportation that grants SDELP the right
to design, build, operate and maintain the SR 125 South toll road project ("Project"), a portion of
which is within the boundaries of the City of Chula Vista; and,
WHEREAS, by Order filed March 10, 2003, the U.S. District Court denied Plaintiffs'
Motion for Summary Judgment and granted Defendants' and Intervenors' Cross Motions for
Summary Judgment in the federal litigation; and,
WHEREAS, Plaintiffs Center for Biological Diversity, Preserve South Bay, and Preserve
Wild Santee (collectively, "Settling Plaintiffs," each individually, a "Settling Party"), and
SDELP have entered into a Settlement Agreement to settle the above-referenced federal
litigation and limit the possibility of an appeal of the District Court's judgment; and,
WHEREAS, the Project connects SR 54 and Otay Mesa Road in San Diego County,
California, and is necessary to provide for orderly traffic circulation in the South Bay region of
San Diego County, including the City of Chula Vista; and,
WHEREAS, the Project is a component of the City's General Plan; and,
WHEREAS, the City will benefit from timely construction of the Project, which will
Provide for orderly traffic circulation in the City; and,
WHEREAS, the conclusion of the litigation described herein will allow construction of
the Project to proceed; and,
WHEREAS, the settlement of litigation will prevent the need for any effort or
involvement by the City in said litigation; and
WHEREAS, the City has funds a'~ailable in the Interim SR 125 Development Impact Fee
fund account and said funds may be expended for purposes of constructing an interim facility
and assisting in the construction of SR 125.
NOW, THEREFORE, IT IS HEREBY RESOLVED that the above recitals are all true
and correct.
BE IT FURTHER RESOLVED that from the facts presented to the City Council tonight,
the Council hereby approves in substantially the form attached hereto, the agreement between the
City of Chula Vista and San Diego Expressway, L.P., a California limited partnership
("SDELP") for contribution to the settlement of litigation and appropriates $1,414,500 from the
Interim SR#125 Development Impact Fund
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreement with minor changes approved by the City
Attorney and City Manager, for and on behalf of the City.
PREPARED BY:
APPROVED AS TO FORM BY:
George Krempl
Assistant City Manager
Ann Moore
City Attorney
J:/Attomey/RESO/SD Expressway
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Ann Moore
City Attorney
Dated: tqay 9, 2003
AGREEMENT FOR CONTRIBUTION OF FUNDS
AGREEMENT FOR CONTRIBUTION OF FUNDS
This Agreement for Contribution to Settlement of Litigation ("Agreement"), dated
May __, 2003 ("Effective Date") is made between the City of Chula Vista ("City") and
San Diego Expressway, L.P., a California limited partnership ("SDELP") through
California Transportation Ventures, Inc., a California corporation, its general partner
("CTW).
RECITALS
A. Center for Biological Diversity, Preserve South Bay, San Diego
Audubon Society, Sierra Club and Preserve Wild Santee are Plaintiffs (collectively,
hereinafter, "Plaintiffs") in litigation challenging federal environmental approvals for the
SR 125 South Project (Case No. 01 CV 1876 JM (POR)). The litigation was filed against
three federal defendants: Federal Highway Administration, U.S. Fish and Wildlife
Service, and the U.S. Army Corps of Engineers.
B. SDELP intervened as a defendant in the federal litigation. SDELP,.
as assignee of CTV, has entered into that certain Development Franchise Agreement,
dated January 6, 1991 with the State of California, Department of Transportation that
grants SDELP the right to design, build, operate and maintain the SR125 South toll road
project ("Project"), a portion of which is within the boundaries of the City of Chula Vista.
C. By Order filed March 10, 2003, the U.S. District Court denied
Plaintiffs' Motion for Summary Judgment and granted Defendants' and Intervenors'
Cross Motions for Sttrmnary Judgment in the federal litigation.
D. Plaintiffs Center for Biological Diversity, Preserve South Bay,
and Preserve Wild Santee (collectively, "Settling Plaintiffs," each individually, a
"Settling Party"), and SDELP have entered into a Settlement Agreement,, to settle the
above-referenced federal litigation ("Settlement Agreement") and prevent any appeal of
the District Court's judgment.
E. The Project connects SR 54 and Otay Mesa Road in San Diego
County, California, and is necessary to provide for orderly traffic cimulation in the South
Bay region of San Diego County, including the City of Chula Vista.
F. The Project is a component of the City's General Plan and is an
integral element of the City's traffic circulation system.
G. The foreclosure of the above-referenced federal litigation and
preventing an appeal of the District Court's judgment will benefit the City by facilitating
the timely construction of the Project, which will provide for orderly traffic circulation in
the City. In addition, the settlement of the above federal litigation will prevent the need
for any involvement, effort or cost by the City in said litigation.
NOW, THEREFORE, in consideration of the above, and of the mutual
covenants, provisions, and undertakings set forth below, and of other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the City
and SDELP agree as follows:
AGREEMENT
1. Incorporation of Recitals. The above Recitals are incorporated
herein and made a part of this Agreement by reference.
2. City's Pavme.nt Obligation. City shall deposit One Million Four
Hundred Fourteen Thousand Five Hundred Dollars ($1,414,500.00) (the "Deposit") into
an interest-bearing escrow account ("City's Escrow Account"), fi:om which funds shall be
distributed to SDELP according to the terms set forth in Section 3 of this Agreement, in
consideration for SDELP settling the above-referenced litigation and in furtherance of the
timely construction of the Project. The Deposit shall be paid in cash, a cashier's check or
certified check, or wire transfer of immediately available federal funds of the United
States. The Deposit shall be made within five business days of the approval of the
Agreement by the City Council.
3. Establishment of City's Escrow Account.
3.1 Opening of Escrow. Upon execution of this Agreement,
the parties shall open an escrow (the "City's Escrow Account") with Chicago Title
Insurance Company, 925 B Street, San Diego, California 92101 ("Escrow Holder") by .
the delivery to Escrow Holder of a completely executed copy of this Agreement.
3.2 Escrow Instructions. This Agreement, together with the
General Provisions of Escrow Holder, attached hereto as Exhibit A (The "General
Provisions"), collectively shall constitute escrow instructions, and a copy hereof shall be
deposited with Escrow Holder for the purposes of enabling Escrow Holder to administer
the funds of the Escrow.
3.3
Conditions for Disbursement of Funds.
3.3.1 Disbursement of Funds. The disbursement of funds
shall occur within two (2) business days following the satisfaction of all Conditions to
Disbursement of Funds set forth in subsection 3.3.2 below.
3.3.2 Conditions for Disbursement of Funds. All of the
following conditions shall have been satisfied before Escrow Holder shall disburse
payment to SDELP.
a. City has deposited with Escrow Holder the Deposit;
b. Escrow Holder receives written notification from SDELP that the
Settlement Agreement has been executed, including a copy of the
executed Settlement Agreement;
c. Escrow Holder receives a written instruction from SDELP to disburse
to SDELP that sum of the Deposit as required by this Agreement;
d. Escrow Holder receives written notification by February 15, 2004
from SDELP certifying that all cleating of the environmentally
sensitive areas in the Project right-of-way at all points of the Project
right-of-way north of the southernmost portion of the planned
interchange with Birch Parkway is complete; and
e. Escrow Holder receives written notification from SDELP certifying
/hat no. order has been issued that remains in force which enjoins or
restrains SDELP or CTV from construction of the Project.
f. Escrow Holder receives notification from the City (City Attorney and
City Manager designated to provide said approval) that it approves the
final Settlement Agreement executed by all of the parties, The City
agrees to act in good faith with respect to the approval of the
Settlement Agreement.
3.3.3. Amount of Disbursement of Funds to
SDELP. The City's contribution of One Million Four Hundred Fourteen Thousand Five
Hundred dollars ($1,414,500.00) to the settlement proceeds to be paid to Settling
Plaintiffs pursuant to the terms of the Settlement Agreement is calculated based upon an
assumed Settlement Agreement requiring that SDELP pay Three Million and Seventy-
Five Thousand Dollars ($3,075,000.00) to the Settling Plaintiffs.
3.4 Escro~ Expenses. SDELP shall be responsible for Escrow
Holder's fees and expenses.
4. Permitted Use of Settlement Funds. Settling Plaintiffs' permitted
use of settlement proceeds paid out of the Settlement Escrow Account is limited as
described in the Settlement Agreement. Proof of conformance with such limitations shall
be provided to SDELP as described in the Settlement Agreement, and will be provided by
SDELP to City within five (5) days of receiving said proof.
5. Limitation of Liability. This Agreement shall not be constraed as
to create any obligation on City's part except for the obligations described in this
Agreement.
6. Return of Funds.
a. SDELP shall instruct Escrow Holder, in writing, no later than
February 20, 2004, to return the entire mount of the Deposit,
including any interest accrued thereon, to the City if cleating of
the environmentally sensitive areas in the Project right-of-way
at all points of the Project right-of-way north of the
southernmost portion of the planned interchange with Birch
Parkway is not completed by February 15, 2004.
b. If after the City's Deposit has been disbursed to SDELP
pursuant to the terms of this Agreement, SDELP receives an
award, settlement, payment or return of funds fi.om the Escrow
Holder or Settling Plaintiffs resulting fi.om a breach of the
Settlement Agreement, SDELP will return the proportionate
share of forty-six pement (46%) of such money to the City.
SDELP shall retum said amount within five (5) days of
receiving the same.
7. Time is of the Essence. Time is of the essence of this Agreement
and each and every provision hereof.
8. Notice. Unless otherwise provided herein, any notices required or
permitted to be given under the terms of this Agreement shall be in writing and hand
delivered, telecopied, or sent by registered or certified United States mail, postage
prepaid, return receipt requested:
City of Chula Vista
Office of the City Attorney
276 Fourth Avenue
Chula Vista, CA 91910
Attention: Ann Y. Moore, Esq., City Attorney
Telephone: (619) 691-5037
Facsimile: (619) 409-5823
To SDELP:
San Diego Expressway Limited Partnership
c/o California Transportation Ventures, Inc.
880 Kuhn Drive
Chula Vista, California 91914
Attention: Joe CaZares, Executive Vice President
Telephone: (619) 591-4200
Facsimile: (619) 591-4291
with a copy to:
Nossaman, Guthner, Knox & Elliott, LLP
18101 Von Karman Ave., Suite 1800
Irvine, CA 92612
Attention:
Telephone:
Facsimile:
8.1
Robe~ D. Thornton, Esq.
(949)833-7800
(949)833-7878
Notice shall be deemed given as of the date of receipt.
Notice by telecopy shall be confirmed by telecopy machine confirmation. Either Party
may change its addressee(s) for notice by providing written notice of such change in
accordance with the requirements of this Section of the Agreement.
8..2 The parties may also designate other procedures for the
giving of notice as required or permitted under the terms of this Agreement, but alternate
procedures shall be as described in writing and signed by the City and SDELP.
9. Waiver. The failure of any party at any time or times to require
performance of any provision hereof shall in no manner affect the fight at a later time to
enforce the same. No waivei- by any party of any condition, or of any breach of any term,
covenant, representation, or warranty contained herein, in any one or more .instances,
shall be deemed to be or construed as a further or continuing waiver of any Such
cohdition or breach, or as a waiver of any other condition or of any breach of any other
term, covenant, representation or warranty.
10. Entire Agreement Modification. This Agreemeht contains the
entire agreement of the parties with respect to. the matters addressed herein, and
supersedes any and all prior or contemporaneous agreements and discussions, whether
written or oral, express or implied. Further, except as expressly set forth herein, the
parties acknowledge and agree that no representations of any kind, oral or otherwise,
express or implied, have been made by either of them, their attorneys or other
representatives relating to the subject matter hereof, and that, by executing this
Agreement, the City and SDELP warrant and represent that this Agreement is made and
entered into without reliance upon any statements or representations of the other party or
any of its attorneys or other representatives, except as such statements and
representations of the other party or any of its attorneys or other representatives expressly
are set forth herein. This Agreement may not be amended, modified, superseded or
canceled, and none of the covenants, representations, warranties or conditions hereof may
be waived, except by a written instrument executed by the party against which such
amendment, modification, novation, cancellation or waiver is to be charged.
11. Goveming Law. This Agreement shall be governed by, and
construed and enforced in accordance with the laws of the State of California.
12. Severabilit¥. In the event that any portion hereof is determined to
be illegal or unenforceable, the parties shall negotiate in good faith to produce an
amendment to this Agreement that will effectuate the original intent of the parties
respecting the portion hereof determined to be illegal or unenforceable.
13. Counterpart Originals. This Agreement may be executed in any
number of counterparts, each of which shall be deemed to be the original, and all of
which together shall constitute one and the same instrument.
14. Authority of Signatories. Each signatory and party hereto hereby
warrants and represents to the other party that it has the legal authority and capacity and
direction fi.om its principal to enter into this Agreement, that all resolutions and/or other
actions have been taken so as to enable it to enter into this Agreement, and that upon
execution of this Agreement it shall be legally valid, binding and enforceable with respect
to such party, without any further approval, ratification, resolution or other act required.
15. Term. This Agreement shall remain in effect for so long as either
party has executory obligations hereunder, except as set forth elsewhere in this
Agreement.
16. Indemnity. SDELP (referred to in this paragraph as "Indemnitor")
shall be responsible to defend, indemnify and hold harmless the City,' its elected and
appointed officers and employees, from and against any claims, suits, actions or
proceedings, judicial or administrative, for writs, orders, injunction or other relief,
damages, liability, cost and expense (including without limitation attorneys' fees) arising
fi.om tiffs Agreement and from any actions with respect to the return of ftmds, in
accordance with paragraph 6 of this Agreement. Indemnitor's indemnification shall
include any and all costs, expenses, attorneys' fees and liability incurred by the City, its
officers, agents or employees in defending against such claims, whether the same proceed
to judgment or not. Further, Indemnitor, at its own expense, shall upon written request
by the City, defend any such suit or action brought against the City, its officers, agents or
employees. At its sole discretion, the City may participate, at its own expense, in the
defense of any such action, but such participation shall not relieve Indenmitor of any
obligation imposed by this Agreement. If the City decides not to tender its defense to
Indemnitor, City and Indemnitor each agree to reasonably cooperate with each other in
the defense of such action.
[Signature Page Follows]
IN WITNESS WHEREOF, CITY, and SDELP have caused this Agreement to be
executed as of the date first above set forth.
CITY OF CHULA VISTA
By:
Nalne:
Title:
APPROVED AS TO FORM AND LEGALITY:
By:
Nanle:
Title: City Attorney
ATTEST:
By:
NalTle:
Title: City Clerk
Date: __, 2003
SAN DIEGO EXPRESSWAY L.P.,
a California limited partnership
By: CALIFORNIA TRANSPORTATION VENTURES,
its general partner
By:
manle:
Title:
Date:
J:~ATTORNEY~AGEEE\City Agreeme~lt (Clean)
11
EXHIBIT A
Escrow Holder's General Provisions
[attached]
12
GENERAL PROVISIONS ' '
TO: CHICAGO TITLE COMPANY : Escrow Number:
Date:
I. Time is of the essence of these instructions. If this escrow is not ia a condition to close by the TIME LIMIT
DATE as provided for herein and written demand for cancellation is received by you from any principal to this
escrow al~er said date, you shall act in accordance with paragraph 7 of the General Provisions. If no conflicting
instruction or demand for cancellation is made, you will proceed to close this escrow when the principals have
complied with the escrow instructions. In the event one or more of the General Provisions are held to be invalid in
judicial proceedings, those remaining will continue to be operative. Any amendments of or supplements to any
instructions affecting escrow must be in writing. You are authorized to order demands for, and pay at the close of
escrow any encumbrances of record necessary to place title in the condition called for without thrther
authorization. You are further authorized, prior to the close of escrow, to pay from funds on deposit any fees
necessary to obtain any demand and/or report as may be required in this escrow and at the close of escrow charge
the parties as appropriate. The principals will hand you any funds and instruments required from each respectively
to complete this escrow. Interest on any new financing may begin to accrue on the date loan funds/proceeds are
disbursed by the new lender, and borrower agrees to pay same in accordance with lender's instructions.
2. You are instroeted to deliver and/or record all documents and disburse all funds when you can comply with these
instruction~ and issue any title insurance policy as called for herein. These instructions, together with any
amendments and/or supplements, may be executed in counterparts and together shall constitute one and the same
document. If these instructions relate to a sale, buyer agrees to buy and seller agrees to sell upon the terms and
conditions hereof. All documents, balances and statements due the undersigned are to be mailed to the respective
addresses shown herein, unless otherwise directed. In the event that any party to this escrow utilizes facsimile
transmined signed documents, all panics hereby agree to accept and hereby instruct the escrow holder to rely upon
such documents as if they bore original signatures. Buyer and seller further acknowledge that any documents to be
recorded bearing non original (facsimile) signatures will not be eccepted for recording by the county recorder.
3. The phrase "close of escrow" (or COE) as used in this escrow means the date on which documents are recorded,
unless otherwise specified.
4. Assume a 30 day month in any proration herein provided, and unless otherwise instructed, you are to use the
information contained in the latest available tax statement, including any supplemental taxes of record, rental
statement as provided by seller and beneficiary's or association statements delivered into escrow for proration
purposes.
5. Upon close of escrow you are instructed to charge our respective accounts the costs attributable to each, including
but not limited to costs as provided for herein and/or in accordance with our respective estimated statements
attached hereto and made a pan herso£
6. Recordation of any instruments delivered through this escrow, if necessary or proper for the issuance of the policy
of title insurance called for, is authorized. No examination or insurance as to the amount or payment of personal
property taxes is required unless specifically requested.
7. If demand to cancel is submitted a~er the Time Limit Date, any principal so requesting you to cancel this escrow
shall file notice of demand to cancel in your office in writing. You shall within three (3) working days thereafter
mail by certified mail one copy of such notice to each of the other principals at the address stated in this escrow.
Unless written objection thereto is filed in your office by a principal within fifteen (15) calendar days after date of
such mailing, you are instructed to cancel this escrow. If this is a sale escrow, you may return leader's papers
and/or funds upon lender's demand.
8. In the event that this escrow is canceled, any fees or charges due Chicago Title Company including cancellation
fees and any expenditures incurred or authorized shall be paid from fuads on deposit unless otherwise specifically
agreed to or determined by a court of competent jurisdiction. Upon payraant thereof, return documents and
moneys to the respective parties depositing same, or as ordered by the court, and void any executed instalments.
9. ffthere is no written activity by a principal to this escrow within any six-month period after the Time Limit Date
set forth herein, Chicago Title Company may, at its option, terminate its agency obligation and cancel the escrow,
returning all documents, moneys or other items held, to the respective parties entitled thereto, less any fees and
charges as provided herein.
Chicago Title Company General Provisions - Page 2
10. If, for any reason, funds are retained or remain in escrow after the closing date, you may deduct therefrom a
reasonable monthly charge as custodian, of not less that $25.00 per month, unless otherwise specified.
11. In the event that you should receive or become aware ofconflicting demands or claims with respect to this escrow,
or the fights of any of the parties hereto, or any money or property deposited heroin, you shall have the absolute
right at your option to discontinue any or all further acts until such conflict is resolved to your satisfaction·
12. In the event that any Offer to Purchase, Deposit Receipt, or any other form of Purchase Agreement is deposited in
this escrow, it is understood that such document is effective only as among the parties signing said document·
You, as escrow holder, are not to be concerned with the terms of such document and are relieved of all
responsibility in connection therewith. The foregoing is not applicable in any transaction in which Chicago Title
has specifically agreed to accept an Offer to Purchase, Deposit Receipt or other form of Purchase Agreement as
escrow instructions. In any event, you are not to be concerned or liable for items designated as "memoranda" in
these escrow instructions nor with any other agreement or contract between the parties.
13. The parties hereto, by execution of these instructions acknowledge that the escrow holder assumes no
responsibility or liability whatsoever for the supervision of any act or the performance of any condition which is a
condition subsequent to the closing of this escrow.
14. In the absence of instructions to the contrary, you are hereby authorized to utilize wire services, overnight, next
day, or other expedited delivery services (as opposed to the regular U.S. Mail) and to charge the respective party's
account accordingly.
15. Concerning any real property involved in this transaction, you are released from and shall have no liability,
obligation or responsibility with respect to (a) withholding of funds pursuant to Section 1445 of the Internal
Revenue Code of 1986 as amended, and to Sections 18662 and 18668 of the California Revenue and Taxation
Code, (b) advising the parties as to the requirements of said Section 1445, (c) determining whether the transferor
is a foreign person or a non-resident under such Section, nor (d) obtaining a non foreign affidavit or other
exemption from withholding under said Sections nor otherwise making any inquiry concerning compliance with
such Sections by any party to the transaction.
16. If you pay a demand to pay in full a revolving line of credit or equityline loan, you are hereby instructed on my
behalf and for my benefit, to request that the lender issuing said demand cancel said revolving line or equity line
· of credit.
17. You are authorized to furnish to any affiliate of Chicago Title Company, any attorney, broker or lender identified
with this transaction or any one acting on behalf of such lender any information, instructions, amendments,
statements, or notices of cancellation given in connection with this escrow. If any check submitted to escrow is
dishonored when presented for payment, you are authorized to notify all principals and/or their respective agents
of such non payment.
18. AIl notices, change of instructions, communications and documents are to be delivered in writing to the office of
Chicago Title Company, as set forth herein, in a timely manner.
19. All funds received in this escrow shall be deposited with other escrow funds in one or more escrow (demand)
accounts of Chicago Title Company in any state or national bank. The parties to this escrow understand that the
escrow accounts you maintain with the depository institutions contribute to your value as a customer of these
institutions which, in turn, may make available to Chicago Title Company an array of bank services,
accommodations or other benefits. You shall have no obligation to account for the value realized by Chicago Title
Company from these services, accommodations or other benefits. All disbursements shall be made by.your check,
unless otherwise instructed. You shall not be responsible for any delay in closing if funds received by escrow are
not available for immediate withdrawal. Chicago Title Company may, at its option, require concurrent instructions
from all principals prior to release of any funds on deposit in this escrow.
20. You are authorized to destroy or otherwise dispose of any and all documants, papers, instructions, correspondence
and other material pertaining to this escrow at the expiration of six (6) years from the close of escrow or
cancellation thereof, without liability and without further notice
Chicago Title Company General Provisions - Page 3
IMPORTANT NOTICE
Except for wire transfers, funds remitted to this escrow are subject to availability requirements imposed by
Section 12413.1 of the California Insurance Code. CASHiER'S, CERTIFIED or TELLER'S checks, payable
to CHICAGO TITLE COMPANY are generally available for disbursement on the next business day following
the date of deposit.
Other forms of payment may cause extended delays in the closing of your transaction pursuant to the
requirements imposed by State Law.
(Wire transfer information available upon reques0
ALL PARTIES TO THIS ESCROW ACKNOWLEDGE THAT CHICAGO TITLE COMPANY DOES
NOT PROVIDE LEGAL ADVICE NOR HAS IT MADE ANY INVESTIGATION, REPRESENTATIONS
OR ASSURANCES WHATSOEVER REGARDING THE LEGAL ASPECTS OR COMPLIANCE OF
THIS TRANSACTION WITH ANY TAX, SECURITIES OR ANY OTHER STATE OR FEDERAL
LAWS. IT IS RECOMMENDED THAT THE PARTIES .OBTAIN INDEPENDENT LEGAL COUNSEL
AS TO SUCH MATTERS.
THE FOREGOING ESCROW INSTRUCTIONS AND GENERAL PROVISIONS HAVE BEEN READ
AND ARE UNDERSTOOD AND AGREED TO BY EACH OF THE UNDERSIGNED.
BUYER SELLER
INITIAL INITIAL
INITIAL INITIAL
Current Address:
Current Address:
Telephone: Telephone:
Initial Initial
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 5/20/03
ITEM TITLE:
Public Heating regarding the change and modification of Community
Facilities District N.o. 07M, Improvement Area No. 2.
Resolution of the City Council of the City of Chula Vista,
California, of Intention to Consider Changes and Modifications to the Rate
and Method of Apportionment of Special Taxes Authorized to be Levied
Within Improvement Area No. 2 Of Community Facilities District No.
07M Eastlake - Woods, Vistas And Land Swap)
SUBMITTED BY: Director of EngineeringS,/
REVIEWED BY: City Manager~Sff ~ (4/5ths Vote: Yes__ No~X )
On April 15, 2003 the City Council initiated the Community Facilities District 07M (Eastlake -
Woods, Vistas and Land Swap) (CFD 07M) change and modification by the adoption of
Resolutions 2003-149. Tonight's action is the next step in the formal proceedings to change and
modify the special tax rates in CFD 07M. The special taxes levied in the CFD fund perpetual
operation and maintenance of slopes, medians and parkways and storm water treatment facilities
associated with the Eastlake Woods and Vistas and the Land Swap parcel. The City has retained
the services of MuniFinancial as special tax consultant and Best Best and Krieger LLP as legal
counsel to provide assistance during the proceedings.
RECOMMENDATION: That Council:
1. Open Public Hearing and receive testimony from the public,
Approve the resolution of intention to consider changes and modifications to the Rate and
Method of Apportionment of Special Taxes authorized to be levied within Improvement
Area No. 2 of Conummity Facilities District No. 07M Eastlake - Woods, Vistas And
· Land Swap).
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
In 2002, Council formed Community Facilities District No. 07M (Eastlake - Woods, Vistas and
Land Swap). CFD 07M is divided into two Improvement Areas, Improvement Area No. 1
(Eastlake - Woods, Vistas) and Improvement Area 2 (Land Swap). Changes to the special tax
rates are only being requested for Improvement Area No. 2.
Page 2, Item [2
Meeting Date 5/20/03
Area of Benefit
CFD No. 07M, Improvement Area No. 2, encompasses parcels located within the Land Swap
area owned by Eastlake Company. Eastlake is proposing to develop approximately 600 single-
family homes (detached and condominiums), 150 multi-family units, and approximately 44 acres
of commercial development.
Proposed Special Tax~
Improvement Area No. 2 has four proposed categories of taxation, as follows:
Developed Parcels (Single Family and Multi-Family Residences) are taxed based on the
square footage of the structure. Commercial Parcels are taxed on the acreage of the
parcel.
· The Subdivided Lot Property which include all single family residential parcels for which
a building permit has not been issued are taxed on acreage of the parcel.
· Property not categorized as Developed or Subdivided Lot Property is taxed on acreage of
the parcel.
· The Exempt Category includes all publicly owned parcels and Homeowner's Association
parcels.
Developed Parcels are those parcels for which a building permit has been issued. The proposed
maximum special tax rates in the RMA were initially determined at the time of formation of
CFD 07M in 2002. Since then, Eastlake has proposed several changes to the list of
improvements to be maintained by the CFD as follows:
A significant amount of landscaping and irrigation improvements along the SR-125
slopes (adjacent to the commercial property) would be removed from the CFD. Said
improvements will instead be maintained by the Commercial Business Owners
Association (BOA).
Addition of the maintenance of minor landscape and irrigation improvements along the
frontage of the Otay Water District reservoir parcel on Eastlake Parkway located
immediately north of the commercial project.
· Several minor changes to the public water quality treatment facilities to be maintained by
the CFD.
Eastlake requested, and Staff concurred, that the special tax rates should be modified to more
closely match the benefit received from the CFD improvements. Therefore, the deletion of the
SR-125 slopes from the CFD will reduce the special tax rates for the commercial property.
Page 3, Item / ~
Meeting Date 5/20/03
The Residential and Multi-Family special tax rates are proposed to remain the same to reflect the
benefit these properties receive from the remaining improvements.
Collection of Taxes
At the beginning of each fiscal year the City shall determine the amount of the Special Tax
Liability (budget plus reserve) of each Improvement Area. Then, the special taxes will first be
levied on the Developed Parcels. If this pool of funds is not enough to fund the Special Tax
Liability, as may be the case in the early years of development, the district will levy the special
tax on the vacant land starting with Subdivided Lot Property. The buffer of having the vacant
land covering any portion of the Special Tax Liability not funded from special taxes levied on
Developed Parcels will disappear once the area has been fully developed. If the Special Tax
Liability for any fiscal year is less than the maximum special tax authorized to be levied on the
Developed Parcels, the actual rate of the special taxes to be levied in that specific year will be
reduced accordingly.
Following is a brief discussion of some key issues regarding the "Rate and Method of
Apportionment (Revised) (RMA) of Special Taxes": (See Attachment for full description of
RMA)
The Maximum Special Tax Rates increase each year by the annual percentage change in
the Consumer Price Index.
· The RMA provides that the annual budget for any year may include an amount deemed
necessary to maintain an adequate level of an operating reserve fund.
The maximum special tax rates are based on the original budget. If the actual square
footage of development meets or exceeds the projections on which the special tax rates
were based, the actual special tax rate necessary to be levied annually to ftmd the Special
Tax Liability may be less than the authorized maximum special tax.
Proposed Maximum Special Taxes
The proposed maximum and current maximum special tax rates for fiscal year 2002/03 for
Improvement Area No. 2 ofCFD 07M are as follows:
Developed Property
Special Tax Category
Residential (per square foot)
Multi-Family (per square foot)
Non-Residential (per acre)
Proposed Current Increase/
Maximum Maximum Special (Decrease)
Special Tax Tax
$0.070 $0.070 $0.00
$0.070 $0.070 0.00
$547.75 $1,054.95 ($507.20)
Page3, Item /~
Meeting Date 5/20/03
The Residential and Multi-Family special tax rates are proposed to remain the same to reflect the
benefit these properties receive from the remaining improvements.
Collection of Taxes
At the beginning of each fiscal year the City shall determine the amount of the Special Tax
Liability (budget plus reserve) of each Improvement Area. Then, the special taxes will first be
levied on the Developed Parcels. If this pool of funds is not enough to fund the Special Tax
Liability, as may be the case in the early years of development, the district will levy the special
tax on the vacant land starting with Subdivided Lot Property. The buffer of having the vacant
land covering any portion of the Special Tax Liability not funded from special taxes levied on
Developed Parcels will disappear once the area has been fully developed. If the Special Tax
Liability for any fiscal year is less than the maximum special tax authorized to be levied on the
Developed Parcels, the actual rate of the special taxes to be levied in that specific year will be
reduced accordingly.
Following is a brief discussion of some key issues regarding the "Rate and Method of
Apportionment (Revised) (RMA) of Special Taxes": (See Exhibit "A" for full description of
RMA)
· The Maximum Special Tax Rates increase each year by the annual percentage change in
the Consumer Price Index.
· The RMA provides that the annual budget for any year may include an amount deemed
necessary to maintain an adequate level of an operating reserve fund.
The maximum special tax rates are based on the original budget. If the actual square
footage of development meets or exceeds the projections on which the special tax rates
were based, the actual special tax rate necessary to be levied annually to fund the Special
Tax Liability may be less than the authorized maximum special tax.
Proposed Maximum Special Taxes
The proposed maximum and current maximum special tax rates for fiscal year 2002/03 for
Improvement Area No. 2 of CFD 07M are as follows:
Developed Property
Special Tax Category
Residential (per square foot)
Multi-Family (per square foot)
Non-Residential (per acre)
Proposed Current Increase/
Maximum Maximum Special (Decrease)
Special Tax Tax
$0.070 $0.070 $0.00
$0.070 $0.070 0.00
$547.75 $1,054.95 ($507.20)
Page 4, Item /~
Meeting Date 5/20/03
Undeveloped
Special Tax Category
Subdivided Lot Property (per Acre)
Other Taxable Property (per Acre
Taxable HOA Property (per acre)
Proposed Current Increase/
Maximum Maximum Special (Decrease)
Special Tax Tax
$1,054.95 $1,054.95 $0.00
$1,054.95 $1,054.95 $0.00
$1,054.95 $1,054.95 $0.00
Resolutions
There is one resolution on today's agenda, which, if adopted, will accomplish the following:
The RESOLUTION MAKING DETERMINATIONS is the formal action of the City Council
changing and modifying the special tax rates in Community Facilities District No. 07M,
Improvement Area No. 2 and authorizes the electors to vote on the proposed changes.
Future Actions
The City Clerk, acting as the designated election official, will hold a special election within
Community Facilities District No. 07M, Improvement Area No. 2 on May 27, 2003, at which
time the qualified electors of such territory, being the owners of land within such territory, will
be entitled to vote on a ballot proposition to authorize the levy of the special taxes described
above within such territory.
The adoption of a resolution declaring the results of the special election and, if the levy of such
special tax is approved by the qualified electors, the introduction of an ordinance to authorize the
levy of such special tax are scheduled for the City Council meeting of June 3, 2003 at 4:00 P.M.
FISCAL IMPACT: All costs of the change and modification to the district are being borne by
the developers and the on-going administration will be funded entirely by the district. The City
will receive the benefit of full cost recovering for staff cost involved in District formation and
district administration in perpetuity.
Attachments:
Rate and Method of Apportionment (Revised)
J:\Eng/neer\LANDDEV\CFD's~Eastlake-Maintenance~A113 Council agenda ROF change Modificationdraft l.doc
ATI"ACHMEN~
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 0TM
RATE AND METHOD OF APPORTIONMENT FOR
IMPROVEMENT AREA NO. 2 (REVISED)
(Land Swap Parcel)
A Spedal Tax of Community Fact[ides District No. 07M (Eastlake III Woods, Vistas and Land
Swap Parcel) of the City of Chula Vista ("CFD") shall be levied on all Assessor's Parcels in
Improvement Area No. 2 of the CFD and collected each Fiscal Year commen(mg in Fiscal Year
2002-03 in an amount determined through the application of the rate and method of apportionment
of the Special Tax set forth below. All of the real proper6/in the CFD, unless exempted by law or
by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein
provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area
shown on the applicable Final Subdivision Map, other final map, other parcel map, other
condominium plan, or functionally equivalent map or instrument recorded in the Office of
the County Recorder. The square footage of an Assessor's Parcel is equal to the Acreage
multiplied by 43,560.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter
2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the actual or estimated costs incurred by the City,
acting for and on behalf of the CFI) as the administrator thereof, to determine, levy and
collect the Special. Taxes, including salaries of City employees and a proportionate amount of
the City's general administrative overhead related thereto, and the fees of consultants and
legal counsel providing services related to the administration of the CFD; the costs of
collecting installments of the Special Taxes; and any other costs required to administer IA
No. 2 of the CFD as determined by the City.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned assessor's parcel number.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating
parcels by assessor's parcel number.
"CFD Administrator" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement and providing for the levy and collection of the
Special Taxes.
"CFD" means Community Facilities.District No. 07M of the City of Chula Vista.
City of Chula Vista
CFD 07M, 1~4 No. 2
June 20, 2002
Page 1
"City" means the City of Chula Vista.
"City Clerk" means the City Clerk for the City of Chula Vista or his or her designee.
"City Manager" means the City Manager for the City of Chula Vista or his or her designee.
"Community Purpose Facility Property" or "CPF Property" means all Assessor's
Parcels which are classified as community purpose facilities and meet the requirements of
City of Chula Vista Ordinance No. 2452.
"Council" means the City Council of the City of Chula Vista, acting as the legislative body
of the CFD.
"County" means the County of San Diego, California.
"Developed Property" means all Taxable Property for which a building permit was issued
after January 1, 2002, but prior to the March 1st preceding the Fiscal Year in which the
Special Tax is being levied.
"Final Subdivision Map" means a subdivision of property creating buildable lots by
recordation of a final subdivision map or parcel map pursuant to the Subdivision Map Act
(C~fornia Government Code Section 66410 et seq.), or recordation of a condominium plan
pursuant to California Civil Code 1352, that creates individual lots for which building
permits may be issued without further subdivision and is recorded prior to March 1
preceding the Fiscal Year in which the Special Tax is being levied.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Improvement Area No. 2" or "IA No. 2" means Improvement Area No. 2 of the CFD,
as identified on the boundary map for the CFD.
"Land Use Class" means any of the classes listed in Table 1 or Table 2.
"Landscape Maintenance" means the labor, material, administration, personnel,
equipment and utilities necessary to maintain landscaped areas within the public right-of-
ways, parkways, slopes, wetlands and other public easements throughout the CFD.
"Landscape Maintenance Requirement" means, for any Fiscal Year in which Special
Taxes are levied, the amount equal to the budgeted costs for Landscape Maintenance
applicable to IA No. 2 for such Fiscal Year.
"Maximum Special Tax" means the maximum Special Tax, determined in accordance
with Section C below, that may be levied in any Fiscal Year on any Assessor's Parcel of
Taxable Property.
"Multi-Family Property" means all Assessor's Parcels of Developed Property for which a
building permit has been issued for a residential structure consisting of two or more
City of Chula Visla
CFD 0TM, lA No. 2
June 20, 2002
Page 2
residential units that share common walls, hacluding, but not limited to, duplexes, triplexes,
townhomes, condominiums, and apartment units.
"Non-Residential Property" means all Assessor's Parcels of Developed Property for
which a building permit(s) has been issued for a structure or structures for non-residential
use. ·
"Operating Fund" means a fund that shall be maintained for IA No. 2 for each Fiscal Year
to pay for Landscape Maintenance and Storm Water Quality Maintenance and
Administrative Expenses.
"Operating Fund Requirement" means, for any Fiscal Year, the sum of the applicable
Landscape Maintenance Requirement and the applicable Storm Water Quality Maintenance
Requirement.
"Other Taxable Property" means, for each Fiscal Year, all Undeveloped Property not
classified as Developed Property, Subdivided Lot Property, or Taxable Property Owners
Association Property.
"Property Owner Association Property" means any property within the boundaries IA
No. 2 of the CFD that is owned by, or irrevocably dedicated as indicated in an instrument
recorded with the County Recorder to, a property owner association, including any master or
sub-association.
"Proportionately" means in a manner such that the ratio of the actual Special Tax levy to
the Maximum Special Tax is equal for all Assessor's Parcels of Taxable Property within each
Land Use Class.
"Public Property" means any property within the boundaries of IA No. 2 of the CFD that
is, at the time of the CFD formation, expected to be used for any public purpose and is
owned by or dedicated to the federal government, the State, the County, the City or any
other public agency.
"Reserve Fund" means a fund that shall be maintained for IA No. 2 for each Fiscal Year to
provide necessary cash flow for the first six months of each Fiscal Year, reserve capital to
cover monitoring, maintenance and repair cost overruns and delinquencies in the payment of
Special Taxes and a reasonable buffer to prevent large variations in annual Special Tax levies.
"Reserve Fund Requirement" means an amount equal to up to 100% of the Operating
Fund Requirement for any Fiscal Year.
"Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit(s) has been issued for purposes of constructing one residential dwelling unit.
"Special Tax" means the Special Tax levied pursuant to the provisions of sections C and D
below in each Fiscal Year on each Assessor's Parcel of Developed Property and
Undeveloped Property in IA No. 2 to fund the Special Tax Requirement.
City of Chula Vista
CFD 07M, IA No. 2
/3-g
June 20, 2002
Page 3
"Special Tax Requirement" means that amount required in any Fiscal Year for IA No. 2
to: (a) (i) pay the Landscape Maintenance Requirement; (ii) pay the Storm Water Quality
Maintenance Requirement; (iii) pay reasonable Administrative Expenses; (iv) pay any
amounts required to establish or replenish the Reserve Fund to the Reserve Fund
Requirement; (v) pay for reasonably anticipated delinquent Special Taxes based on the
delinquency rate for Special Taxes levied in the previous Fiscal Year; less (b) a credit for
funds available to reduce the annual Special Tax levy, including the excess, if any, in the
Reserve Fund above the Reserve Fund Requirement.
"Square Foot" means the square footage as shown on an Assessor's Parcel's building
permit of Residential Property or Multi-Family Property, excluding garages or other
structures not used as living space.
"State" means the State of California.
"Storm Water Quality Maintenance" means the maintenance of detention basins, storm
drains, catch basin inserts, hydrodynamic devices, infiltration basins, and all other facilities
that are directly related to storm water quality control throughout IA No. 2.
"Storm Water Quality Maintenance Requirement" means for any Fiscal Year an amount
equal to the budgeted costs for Storm Water Quality Maintenance applicable to IA No. 2 for
the current Fiscal Year in which Special Taxes are levied.
"Subdivided Lot Property" means a single family residential lot created by a Final
Subdivision Map, but which is not classified as Developed Property.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of IA No. 2
of the CFD that are not exempt from the Special Tax pursuant to law or as defined below.
"Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax-
Exempt Properxy includes: (i) Public Property, or (ii) Property Owner Association Property,
or (iii) Assessor's Parcels defined as Community Purpose Facility Property that is owned by a
non-profit organization and has provided proof to the City prior to the March 1st preceding
the Fiscal Year in which the Special Tax is being levied of the organization's non-profit
status, or (v) Assessor's Parcels with public or utility easements making impractical their
utilization for other than the purposes set forth in the easement.
"Taxable Property Owner Association Property" means all Property Owner
Association Property which is not exempt from the Special Tax pursuant to Section E
below.
"Undeveloped Property" means, for each Fiscal Year, all Ta~xable Property not classified
as Developed Property.
City Qf Chula Vista June 20, 2002
CFD 07M, IA No. 2 Page 4
ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the de£mifions above, all Taxable Property within IA No. 2 of the
CFI) shall be classified as Developed Property, Subdivided Lot Property or Undeveloped
Property, and shall be subject to Special Taxes pursuant to Sections C and D below.
Developed Property shall be further assigned to a Land Use Class as specified in Table 1.
Undeveloped Property shall be further assigned to a Land Use Class as specified in Table 2.
Assessor's Parcels of CPF Property not classified as exempt in accordance with Section E
below shall be taxed as Non-Residential Property when such Assessor's Parcel is classified as
Developed Property. If the Assessor's Parcel is Undeveloped it shall be classified as Other
Taxable Property.
MAXIMUM SPECIAL TAX RATE
1. Developed Property
TABLE 1
Maximum Special Tax for Developed Property
Community Facilities District No. 07M
Improvement Area No. 2
Land Use Maximum
Class Description Special Tax
1 Residential Property $ 0.070 per Sq Ft
2 Multi-Family Property $ 0.070 per Sq Ft
3 Non-Residential Property $386.78 per Acre
Multiple Land Use Classes
In some instances an Assessor's Parcel of Developed Property may contain more
than one Land Use Class. The Maximum Special Tax that may be levied on such an
Assessor's Parcel shall be the sum of the Maximum Special Tax levies that may be
imposed on all Land Use Classes located on that Assessor's Parcel. The CFD
Administrator shall determine the allocation to each Land Use Class.
City of Chula Vista
CFD 0TM, I~ No. 2
is -lO
June 20, 2002
Page 5
Undeveloped Property
TABLE 2
Maximum Special Tax for Undeveloped Property
Community Facilities District No. 07M
Improvement Area No. 2
Land Use Maximum
Class Description Special Tax
4 Subdivided Lot Property $1,054.95 per Acre
5 Other Taxable Property $1,054.95 per Acre
6 Taxable Property Owner $1,054.95 per Acre
Association Property
Annual Escalation of Maximum Special Tax
The Maximum Special Tax as shown in the tables above that may be levied on each
Assessor's Parcel in IA No. 2 shall be increased each Fiscal Year beginning in Fiscal
Year 2003-04 and thereafter by a factor equal to the annual percentage increase, if
any, in the San Diego Metropolitan Area All Urban Consumer Price Index (All
Items).
METHOD OF APPORTIONMENT OF THE SPECIAL TA~_
Commencing with Fiscal Year 2002-03, and for each follov~mg Fiscal Year, the Council shall
levy the IA No, 2 Special Tax at the rates established pursuant to steps 1 through 4 below so
that the amount of the Special Tax levied equals the Special Tax Requirement. The Special
Tax shall be levied each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on each Assessor's Parcel of
Developed Property up to 100% of the applicable Maximum Special Tax;
Second: If additional monies are needed to satisfy the Special Tax Requirement after the
first step has been completed, the Special Tax shall be levied Proportionately on each
Assessor's Parcel of Subdivided Lot Property at up to 100% of the Maximum Special Tax
for Subdivided Lot Property;
Third: If additional monies are needed to satisfy the Special Tax Requirement after the first
two steps have been completed, the Special Tax shall be levied Proportionately on each
Assessor's Parcel of Other Taxable Property at up to 100% of the Maximum SpeciaJ, Tax for
Other Taxable Property;
City of Chulu Vista
CFD 07M, IA No. 2
June 20, 2002
Page 6
/ 3-//
Fourth: If additional moneys are needed to satisfy the Special Tax Requirement after the first
three steps have been completed, the Special Tax shall be levied proportionately on each
Assessor's Parcel of Taxable Property Owner Association Property at up to 100% of the
Maximum Spedal Tax for Taxable Property Owner Assodation Property.
Notwithstanding the above, under no circumstances will the Special Tax levied against any
Assessor's Parcel of Residential Property or Multi-Family Property for which an occupancy
permit for private residential use has been issued be increased by more than ten percent
annually up to the Maximum Special Tax as a consequence of delinquency or defauk by the
owner of any other Assessor's Parcel within IA No. 2 of the CFD.
E. EXEMPTIONS
The CFD Administrator shall classify as exempt property (i) Assessor's Parcels defined as
Public Property, (ii) Assessor's Parcels defined as Community Purpose Facility Property that
are owned by a non-profit organization which has provided proof to the City prior to the
March 1st preceding the Fiscal Year in which the Special Tax is being levied of the
organization's non-profit status, and (iii) Assessor's Parcels with public or ut'dity easements
making hnpractical their utilization for other than the purposes set forth in the easement.
The CFD Administrator shall classify as exempt property those Assessor's Parcels defined as
Property Owner's Association Property provided that no such classification would reduce
the sum of all taxable Property to less than 76.23 Acres. Assessor's Parcels defined as
Property Owner Association Property that cannot be classified as exempt property w'fll be
classified as Taxable Property Owner Association Property and shall be taxed as part of the
fourth step in Section D.
The CFD Administrator will assign Tax-Exempt starus in the chronological order in which
property becomes exempt.
F. APPEALS
Any landowner or resident who pays the Special Tax and believes that the amount of the
Special Tax levied on their Assessor's Parcel is in error shall first consult with the CFD
Administrator regarding such error. If following such consultation, the CFI) Administrator
determines that an error has occurred, the CFD Administrator may amend the amount of the
Special Tax levied on such Assessor's Parcel. If following such consultation and action, if any
by the CFD Administrator, the landowner or resident believes such error still exists, such
person may file a written notice with the City Clerk of the City appealing the amount of the
Special Tax levied on such Assessor's Parcel. Upon the receipt of any such notice, the City
Clerk shall forward a copy of such notice to the City Manager who shall establish as part of
the proceedings and administration of the CFD, a special three-member Review/Appeal
Committee. The Review/Appeal Committee may establish such procedures, as it deems
necessary to undertake the review of any such appeal. The Review/Appeal Committee shall
interpret this Rate and Method of Appottionment and make determinations relative to the
annual administration of the Special Tax and any landowner or resident appeals, as herein
specified. The decision of the Review/Appeal Committee shall be final and binding as to all
persons. IA No. 2
City of Chula Vista
CFD 07M, IA No. 2
June 20, 2002
Page 7
/:7-/,:9-'
G. MANNER OF COLLECTION
Special Taxes levied pursuant to Section D above shall be collected in the same mamaer and
at the same time as ordinary ad qadorem property taxes; provided, however, that the CFD
Administrator may directly bill the Special Tax, may collect Special Taxes at a different time
or in a different manner if necessary to meet the financial obligations of IA No. 2 of the
CFI) or as otherwise determined appropriate by the CFI) Administrator.
H. TERM OF SPECIAL TAX
Taxable Property in IA No. 2 of the CFD shall remain subject to the Special Tax in perpetuity.
S:\Clients\Chula Vista\CFD FormationsXEastlake III\Lan&nvap Change & Mo&ftcation\redlmed eastlake iii RMA IA No.2 revised draft 3.doc
City of Chula Vista
CFD 07M, IA No. 2
13-/3
June 20, 2002
Page 8
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, OF INTENTION TO CONSIDER CHANGES AND
MODIFICATIONS TO THE RATE AND METHOD OF APPORTIONMENT
OF SPECIAL TAXES AUTHORIZED TO BE LEVIED WITHIN
IMPROVEMENT AREA NO. 2 OF COMMUNITY FACILITIES DISTRICT
NO. 07M (EASTLAKE - WOODS, VISTAS AND LAND SWAP)
WHEREAS, the City Council of the City of Chula Vista, California, (the "City Council")
previously has previously undertaken proceedings to form Community Facilities District No
07M (Eastlake ~ Woods, Vistas and Land Swap) (the "District"), to designate two improvement
areas therein ("Improvement Area No. 1" and "Improvement Area No. 2") and to authorize the
levy of special taxes within each Improvement Area pursuant to the provisions of the Mello-
Roos Community Facilities Act of 1982, as amended (Government Code Section 53311 and
following) (the "Act") and the City of Chula Vista Community Facilities District Ordinance
enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of
Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the
Ordinance may be referred to collectively as the "Community Facilities District Law") to finance
the maintenance of maintenance of (a) wetlands and landscaped areas within the public fights-of-
ways and other public easements throughout the District and (b) facilities that are directly related
to storm water quality control throughout the District.
WHEREAS, the qualified electors of each Improvement Area of the District, voting in a
special election held on August 13, 2002, approved the authorization to levy special taxes within
each Improvement Area pursuant to a separate rate and method of apportionment of such special
· taxes for each Improvement Area (the rate and method of apportionment of special taxes
approved for Improvement Area No. 2 shall be referred to as the "Existing Improvement Area
No. 2 RMA'); and
WHEREAS, subsequent to the formation of the District and such election, The EastLake
Company ("EastLake"), the master developer of the property within Improvement Area No. 2 of
the District, requested that the City Council, acting as the legislative body of the District, initiate
proceedings to modify the Existing Improvement Area No. 2 RMA; and
WHEREAS, this City Council desires to initiate such proceedings and to set the time and
place for a public hearing on this Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ACTING 1N ITS CAPACITY AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 0TM (EASTLAKE - WOODS, VISTAS AND
LAND SWAP), DOES HEREBY RESOLVE, DECLARE, FIND, DETERMINE AND ORDER
AS FOLLOWS:
SECTION 1. RECITALS. The above recitals are all true and correct.
1
SECTION 2. DESCRIPTION OF THE AREA TO BE AFFECTED. The area to be affected by
the proposed modification, if approved, is all of Improvement Area No. 2 of the District which is
generally described as follows:
All property within the boundaries of Improvement Area No. 2 of Community
Facilities District No. 07M (Eastlake - Woods, Vistas and Land Swap), as shown
on a map as previously approved by the City Council of the City, such map
designated by the name of such District, a copy of which is on file in the office of
the City Clerk of the City.
SECTION 3. DECLARATION OF INTENTION TO CONSIDER THE MODIFICATION OF
THE EXISTING IMPROVEMENT AREA NO. 2 RMA. T. his City Council hereby declares its
intention to consider modifying the Existing Improvement Area No. 2 RMA so that the rate and
method of apportionment of special taxes authorized to be levied within Improvement Area No.
2 reads as set forth in Exhibit ,A attached hereto and incorporated herein by this reference.
SECTION 4. PUBLIC HEARING. NOTICE IS HEREBY GIVEN that on May 6, 2003, at the
hour of 4 p.m., in the regular meeting place of the City Council, being the Council Chambers
located at 276 Fourth Street, Chula Vista, California, the City Council will hold a public hearing
to consider this Resolution and to consider the approval of the modification of the Existing
Improvement Area No. 2 RMA. At such time and place all interested persons or taxpayers for or
against the approval of the modification of the Existing hnprovement Area No. 2 RMA will be
heard.
At the above-mentioned time and place for public hearing any persons interested, including
taxpayers and property owners may appear and be heard. The testimony of all interested persons
for or against the modification of the Existing hnprovement Area RMA will be heard and
considered. Any protests may be made orally or in writing. However, any protests pertaining to
the regularity or sufficiency of the proceedings shall be in writing and clearly set forth the
irregularities and defects to which the objection is made. All written protests shall be filed with
the city clerk of the city on or before the time fixed for the public hearing. Written protests may
be withdrawn in writing at any time before the conclusion of the public hearing.
If a written majority protest is filed against the modification of the Existing Improvement Area
RMA, the proceedings shall be abandoned.
SECTION 5. ELECTION. If, following the public hearing described in the Section above, the
City Council detemnines to approve the modification of the Existing Improvement Area No. 2
RMA, the City Council shall then submit the modification to the qualified electors of
Improvement Area Nb. 2 of the District. If at least twelve (12) persons, who need not
necessarily be the same twelve (12) persons, have been registered to vote within Improvement
Area No. 2 for each of the ninety (90) days preceding the close of the public heating, the vote
shall be by registered voters of Improvement Area No. 2, with each voter having one (1) vote.
Otherwise, the vote shall be by the landowners of Improvement Area No. 2 who were the owners
of record at the close of the subject hearing, with each landowners or the authorized
2
representative thereof, having one (1) vote for each acre or portion of an acre of land owned
within Improvement Area No. 2.
SECTION 6. NOTICE OF PUBLIC HEAR1NG. The City Clerk is hereby authorized and
directed to give notice of such public hearing by causing a Notice of Public Heating to be
published pursuant to Government Code Section 6061 in a legally designated newspaper of
general circulation with such publication to be completed at least seven (7) days prior to the date
set for such public hearing.
SECTION 7. EFFECTIVE DATE. This Resolution shall become effective immediately upon its
adoption.
PREPARED BY:
APPROVED AS TO FORM BY:
Clifford Swanson
Director of Engineering
Anti Moore
City Attorney
A'fTACHMENT "A"
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 07M
RATE AND METHOD OF APPORTIONMENT FOR
IMPROVEMENT AREA NO. 2 (REVISED)
(Land Swap Parcel)
A Special Tax of Community Facilities District No. 0TM (Easdake III Woods, Vistas and Land
Swap Parcel) of the City of Chula Vista ("CFD") shall be levied on all Assessor's Parcels in
Improvement Area No. 2 of the CFD and collected each Fiscal Year commencing in Fiscal Year
2002-03 in an amount determined through the application of the rate and method of apportionment
of the Special Tax set forth below. All of the real property in the CFD, unless exempted by law or
by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein
provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area
shown on the applicable Final Subdivision Map, other final map, other parcel map, other
condominium plan, or functionally e4ulvalent map or instrument recorded in the Office of
the County Recorder. The square footage of an Assessor's Parcel is equal to the Acreage
multiplied by 43,560.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter
2.5, Part 1, Division 2 of Tide 5 of the Government Code of the State of California.
"Administrative Expenses" means the actual or estimated costs incurred by the City,
acting for and on behalf of the CFD as the administrator thereof, to determine, levy and
collect the Special Taxes, including salaries of City employees and a proportionate amount of
the City's general administrative overhead related thereto, and the fees of consultants and
legal counsel providing services related to the administration of the CFD; the costs of
collecting installments of the Special Taxes; and any other costs required to administer IA
No. 2 of the CFD as determined by the City.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned assessor's parcel number.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating
parcels by assessor's parcel number.
"CFD Administrator" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement and providing for the levy and collection of the
Special Taxes.
"CFD" means Community Facilities District No. 07M of the City of Chula Vista.
C/0, of Chula Vista
CFD 07M, IA No. 2
/3-/'7
June 20, 2002
Page 1
"City" means the City of Chula Vista.
"City Clerk" means the City Clerk for the City of Chula Vista or his or her designee.
"City Manager" means the City Manager for the City of Chula Vista or his or her designee.
"Community Purpose Facility Property" or "CPF Property" means all Assessor's
Parcels which are classified as community purpose facilities and meet the requirements of
City of Chula Vista Ordinance No. 2452.
"Council" means the City Council of the City of Chula Vista, acting as the legislative body
of the CFD.
"County" means the County of San Diego, California.
"Developed Property" means all Taxable Property for which a building permit was issued
after January 1, 2002, but prior to the March 1st preceding the Fiscal Year in which the
Special Tax is being levied.
"Final Subdivision Map" means a subdivision of property creating buildable lots by
recordation of a final subdivision map or parcel map pursuant to the Subdivision Map Act
(California Government Code Section 66410 et seq.), or recordation of a condominium plan
pursuant to California Civil Code 1352, that creates individual lots for which building
permits may be issued without further subdivision and is recorded prior to March 1
preceding the Fiscal Year in which the Special Tax is being levied.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Improvement Area No. 2" or "IA No. 2" means Improvement Area No. 2 of the CFD,
as identified on the boundary map for the CFD.
"Land Use Class" means any of the dasses listed in Table 1 or Table 2.
"Landscape Maintenance" means the labor, .material, administration, personnel,
equipment and utilities necessary to maintain landscaped areas within the public right-of-
ways, parkways, slopes, wetlands and other public easements throughout the CFD.
"Landscape Maintenance Requirement" means, for any Fiscal Year in which Special
Taxes are levied, the amount equal to the budgeted costs for Landscape Maintenance
applicable to IA No. 2 for such Fiscal Year.
"Maximum Special Tax" means the maximum Spedal Tax, determined in accordance
with Section C below, that may be levied in any Fiscal Year.on any Assessor's Parcel of
Taxable Property.
"Multi-Family Property" means all Assessor's Parcels of Developed Property for which a
building permit has been issued for a residential structure consisting of two or more
City of COula Vista
CFD 07M, IA No. 2
June 20, 2002
Page 2
residential units that share common walls, including, but not limited to, duplexes, triplexes,
townhomes, condominiums, and apartment units.
"Non-Residential Property" means all Assessor's Parcels of Developed Property for
which a building permit(s) has been issued for a structure or structures for non-residential
use.
"Operating Fund" means a fund that shall be maintained for IA No. 2 for each Fiscal Year
to pay for Landscape Maintenance and Storm Water QuaLity Maintenance and
Administrative Expenses.
"Operating Fund Requirement" means, for any Fiscal Year, the sum of the applicable
Landscape Maintenance Requirement and the applicable Storm Water Quality Maintenance
Requirement.
"Other Taxable Property" means, for each Fiscal Year, all Undeveloped Property not
classified as Developed Property, Subdivided Lot Property, or Taxable Property Owners
Association Property.
"Property Owner Association Property" means any property within the boundaries IA
No. 2 of the CFI) that is owned by, or irrevocably dedicated as indicated in an instrument
recorded with the County Recorder to, a property owner association, including any master or
sub-association.
"Proportionately" means in a manner such that the ratio of the actual Special Tax levy to
the Maximum Special Tax is equal for all Assessor's Parcels of Taxable Property within each
Land Use Class.
"Public Property" means any property within the boundaries of IA No. 2 of the CFD that
is, at the time of the CFD formation, expected to be used for any public purpose and is
owned by or dedicated to the federal government, the State, the County, the City or any
other public agency.
"Reserve Fund" means a fund that shall be maintained for IA No. 2 for each Fiscal Year to
provide necessary cash flow for the first six months of each Fiscal Year, reserve capital to
cover monitoring, maintenance and repair cost overruns and delinquencies in the payment of
Special Taxes and a reasonable buffer to prevent large variations in annual Special Tax levies.
"Reserve Fund Requirement" means an amount equal to up to 100% of the Operating
Fund Requirement for any Fiscal Year.
"Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit(s) has been issued for purposes of constructing one residential dwelling unit.
"Special Tax" means the Special Tax levied pursuant to the provisions of sections C and D
below in each Fiscal Year on each Assessor's Parcel of Developed Property and
Undeveloped Property in IA No. 2 to fund the Special Tax Reqttirement.
City of Chula Vista June 20, 2002
CFD 07M, IA No, 2 Page 3
"Special Tax Requirement" means that amount required in any Fiscal Year for IA No. 2
to: (a) (i) pay the Landscape Maintenance Requirement; (ii) pay the Storm Water Quality
Maintenance Requirement; (ih') pay reasonable Administrative Expenses; (iv) pay any
amounts required to establish or replenish the Reserve Fund to the Reserve Fund
Requirement; (v) pay for reasonably antidpated delinquent Special Taxes based on the
delinquency rate for Special Taxes levied in the previous Fiscal Year; less (b) a credit for
funds available to reduce the annual Special Tax levy, including the excess, if any, in the
Reserve Fund above the Reserve Fund Requirement.
"Square Foot" means the square footage as shown on an Assessor's Parcel's building
permit of Residential Property or Multi-Family Property, excluding garages or other
structures not used as living space.
"State" means the State of California.
"Storm Water Quality Maintenance" means the maintenance of detention basins, storm
drains, catch basin inserts, hydrodynamic devices, inf'fltration basins, and all other facilities
that are directly related to storm water quality control throughout IA No. 2.
"Storm Water Quality Maintenance Requirement" means for any Fiscal Year an amount
equal to the budgeted costs for Storm Water Quality Maintenance applicable to IA No. 2 for
the current Fiscal Year in which Special Taxes are levied.
"Subdivided Lot Property" means a single family residential lot created by a Final
Subdivision Map, but which is not classified as Developed Property.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of IA No. 2
of the CFD that are not exempt from the Special Tax pursuant to law or as defined below.
"Tax-Exempt Property" means an Assessor's Parcel not subject to the Spedal Tax. Tax-
Exempt Property includes: (i) Public Property, or (ii) Property Owner Association Property,
or ~6i) Assessor's Parcels del'reed as Community Purpose Facility Property that is owned by a
non-profit organization and has provided proof to the City prior to the March 1st preceding
the Fiscal Year in which the Special Tax is being levied of the organization's non-profit
status, or (v) Assessor's Parcels with public or utility easements making impractical their
utilization for other than the purposes set forth in the easement.
"Taxable Property Owner Association Property" means all Property Owner
Association Property which is not exempt from the Special Tax pursuant to Section E
below.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified
as Developed Property.
City of Chula Vista
CFD 0TM, IA iVo. 2
June 20, 2002
Page 4
ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the defir~tions above, all Taxable Property within IA No. 2 of the
CFD shall be classified as Developed Property, Subdivided Lot Property or Undeveloped
Property, and shall be subject to Special Taxes pursuant to Sections C and D below.
Developed Property shall be further assigned to a Land Use Class as specified in Table 1.
Undeveloped Property shall be further assigned to a Land Use Class as specified in Table 2.
Assessor's Parcels of CPF Property not dassified as exempt in accordance with Section E
below shall be taxed as Non-Residential Property when such Assessor's Parcel is classified as
Developed Property. If the Assessor's Parcel is Undeveloped it shall be classified as Other
Taxable Property.
MAXIMUM SPECIAL TAX RATE
1. Developed Property
TABLE 1
Maximum Special Tax for Developed Property
Community Facilities District No. 07M
Improvement Area No. 2
Land Use Maximum
Class Description Special Tax
1 Residential Property $ 0.070 per Sq Ft
2 Multi-Family Property $ 0.070 per Sq Ft
3 Non-Residential Property $386.78 per Acre
Multiple Land Use Classes
In some instances an Assessor's Parcel of Developed Property may contain more
than one Land Use Class. The Maximum Special Tax that may be levied on such an
Assessor's Parcel shall be the sum of the Maximum Spedal Tax levies that may be
imposed on aL! Land Use Classes located on that Assessor's Parcel. The CFI)
Administrator shall determine the allocation to each Land Use Class.
City of Chula Vista
CFD 07M, IA NO. 2
June 20, 2002
Page 5
o
Undeveloped Proper~
TABLE 2
Maximum Special Tax for Undeveloped Property
Community Facilities District No. 07M
Improvement Area No. 2
Land Use Maximum
Class Description Special Tax
4 Subdivided Lot Property $1,054.95 per Acre
5 Other Taxable Property $1,054.95 per Acre
6 Taxable Property Owner $1,054.95 per Acre
Association Property
Annual Escalation of Maximum Special Tax
The Maximum Special Tax as shown in the tables above that may be levied on each
Assessor's Parcel in IA No. 2 shall be increased each Fiscal Year beginning in Fiscal
Year 2003-04 and thereafter by a factor equal to the annual percentage increase, if
any, in the San Diego Metropolitan Area All Urban Consumer Price Index (Ail
Items).
Do
METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2002-03, and for each following Fiscal Year, the Council shail
levy the IA No. 2 Special Tax at the rates established pursuant to steps 1 through 4 below so
that the amount of the Special Tax levied equals the Special Tax Requirement. The Special
Tax shall be levied each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on each Assessor's Parcel of
Developed Property up to 100% of the applicable Maxtmum Special Tax;
Second: If additional monies are needed to satisfy the Special Tax Requirement after the
first step has been completed, the Special Tax shall be levied Proportionately on each
Assessor's Parcel of Subdivided Lot Property at up to 100% of the Maximum Special Tax
for Subdivided Lot Property;
Third: If additional monies are needed to satisfy the Special Tax Requirement after the first
two steps have been completed, the Special Tax shall be levied Proportionately on each
Assessor's Parcel of Other Taxable Property at up to 100% of the Maximum Special Tax for
Other Taxable Property;
Cit~ of Chula Vista
CFD 07M, IA No. 2
June 20, 2002
Page 6
Fourth: If additional moneys are needed to satisfy the Spedal Tax Requirement after the first
three steps have been completed, the Spedal Tax shall be levied proportionately on each
Assessor's Parcel of Taxable Property Owner Association Property at up to 100% of the
Maximum Special Tax for Taxable Property Owner Assodafion Property.
Notwithstanding the above, under no drcurnstan&s w'dl the Special Tax levied against any
Assessor's Parcel of Residential Property or Multi-Family Property for which an occupancy
permit for private residential use has been issued be increased by more than ten percent
annually up to the Maximum Special Tax as a consequence of delinquency or default by the
owner of any other Assessor's Parcel within IA No. 2 of the CFD.
E. EXEMPTIONS
The CFD Administrator shall classify as exempt property (i) Assessor's Parcels defined as
Public Property, (ii) Assessor's Parcels defined as Community Purpose Facility Property that
are owned by a non-profit organization which has provided proof to the City prior to the
March 1st preceding the Fiscal Year in which the Special Tax is being levied of the
organization's non-profit status, and (iii) Assessor's Parcels with public or utility easements
making impractical their utilization for other than the purposes set forth in the easement.
The CFD Administrator shall classify as exempt property those Assessor's Parcels defined as
Property Owner's Association Property provided that no such classification would reduce
the sum of all taxable Property to less than 76.23 Acres. Assessor's Parcels defined as
Property Owner Association Property that cannot be classified as exempt property will be
classified as Taxable Property Owner Association Property and shall be taxed as part of the
fourth step in Section D.
The CFD Administrator will assign Tax-Exempt status in the chronological order in which
property becomes exempt.
F. APPEALS
Any landowner or resident who pays the Spedal Tax and believes that the amount of the
Special Tax levied on their Assessor's Parcel is in error shall fn:st consult with the CFD
Administrator regarding such error. If following such consultation, the CFD Administrator
determines that an error has occurred, the CFD Administrator may amend the amount of the
Special Tax levied on such Assessor's Parcel. If follov~mg such consultation and action, if any
by the CFD Administrator, the landowner or resident believes such error still exists, such
person may file a written notice with the City Clerk of the City appealing the amount of the
Special Tax levied on such Assessor's Parcel. Upon the receipt of any such notice, the City
Clerk shall forward a copy of such notice to the City Manager who shall establish as part of
the proceedings and administration of the CFD, a special three-member Review/Appeal
Committee. The Review/Appeal Committee may establish such procedures, as it deems
necessary to undertake the review of any such appeal. The Review/Appeal Committee shall
interpret this Rate and Method of Apportionment and make determinations relative to the
annual adrn/nistration of the Spedal Tax and any landowner or resident appeals, as here'm
specified. The decision of the Review/Appeal Committee shall be final and binding as to all
persons. IA No. 2
City of Chula Vista June 20, 2002
CFD 07M, IA No. 2 Page 7
G. MANNER OF COLLECTION
Special Taxes levied pursuant to Section D above shall be collected in the same manner and
at the same time as ordinary ad ¢adoron property taxes; provided, however, that the CFD
Administrator may directly bill the Special Tax, may collect Special Taxes at a different time
or in a different manner if necessary to meet the finandal obligations of IA No. 2 of the
CFD or as otherwise determined appropriate by the CFD Administrator.
H. TERM OF SPECIAL TAX
Taxable Property in IA No. 2 of the CFD shall remain subject to the Special Tax in perpetuity.
S:\Clients\Chula Vista\CFD Formations\Easflake III\Landswap Change & Modification\redlined easdake ~II RMA IA No.2 ?evised draft 3.doc
City of Chula Vista June20, 2002
CFD 07M, IA No. 2 Page 8
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 5/20/03
ITEM TITLE:
Public Hearing regarding the annexation of territory to Community
Facilities District No. 07M, Improvement Area No. 2.
Resolution of the City Council of the City of Chula Vista,
California, Declaring its Intention to Authorize the Annexation of
Territory to Community Facilities District No. 07M (Eastlake - Woods,
Vistas And Land Swap) and Improvement Area No. 2
SUBMITTED BY: Director of Engineering&k/
REVIEWED BY: City Manager(gf:~eOe~ c (4/Sths Vote: Yes__ No~X )
On April 15, 2003 the City Council initiated the Community Facilities District 07M (Eastlake -
Woods, Vistas and Land Swap) (CFD 07M) annexation proceedings by the adoption of
Resolutions 2003-150 through 151. Tonight's action is the next step in the formal proceedings to
annex territory to CFD 07M, Improvement Area 2. The special taxes levied in the CFD fund
perpetual operation and maintenance of slopes, medians and parkways and storm water treatment
facilities associated with the Eastlake Woods and Vistas and the Land Swap parcel. The City has
retained the services of MuniFinancial as special tax consultant and Best Best and Krieger LLP
as legal counsel to provide assistance during the proceedings.
RECOMMENDATION: That Council:
1. Open Public Hearing and receive testimony from the public,
2. Approve the resolution declaring its intention to authorize the annexation of
territory to Community Facilities District No. 07M (Eastlake - Woods, Vistas and
Land Swap) and Improvement Area No. 2.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
In 2002, Council formed Community Facilities District No. 07M (Eastlake - Woods, Vistas and
Land Swap). CFD 07M is divided into two Improvement Areas, Improvement Area No. 1
(Eastlake - Woods, Vistas) and Improvement Area 2 (Land Swap). The annexation of territory
is only being requested for Improvement Area No. 2.
Page 2, Item
Meeting Date 5/20/I}3
Territory Proposed to be annexed
The proposed boundaries of the territory proposed to be annexed to Improvement Area No. 2 of
CFD 07M encompass Assessor's Parcel Number 643-020-56, which lies north of the existing
Improvement Area No. 2. City Council previously approved an annexation boundary map for
this territory, identified as Annexation No. 1 to CFD 07M. A reduced copy of the map is
presented in Attachment "1 ."
Area of Benefit
CFD No. 07M, Improvement Area No. 2, encompasses parcels located within the Land Swap
area owned by Eastlake Company. Eastlake is proposing to develop approximately 600 single-
family homes (detached and condominiums), 150 multi-family units, and approximately 44 acres
of commercial development.
Proposed Special Tax
Improvement Area No. 2 has four proposed categories of taxation, as follows:
Developed Parcels (Single Family and Multi-Family Residences) are taxed based on the
square footage of the structure. Commercial Parcels are taxed on the acreage of the
parcel.
· The Subdivided Lot Property which includes all single family residential parcels for
which a building permit has not been issued are taxed on acreage of the parcel.
· Property not categorized as Developed or Subdivided Lot Property is taxed on acreage of
the parcel.
The Exempt Category includes all publicly owned parcels and Homeowner's Association
parcels.
The proposed maximum special tax rates in the Rate and Method of Apportionment CRMA'')
were initially approved by Council at the time of formation of CFD 07M in 2002. A change and
modification to the RMA was approved by Council in a preceding action on tonight's agenda.
The proposed annexation will be subject to the revised special taxes approved by Council's
previous action.
Collection of Taxes
At the beginning of each fiscal year the City shall determine the amount of the Special Tax
Liability (budget plus reserve) of each Improvement Area. Then, the special taxes will first be
levied on the Developed Parcels. If this pool of funds is not enough to fund the Special Tax
Liability, as may be the case in the early years of development, the district will levy the special
tax on the vacant land starting with Subdivided Lot Property. The buffer of having the vacant
land covering any portion of the Special Tax Liability not funded from special taxes levied on
Developed Parcels will disappear once the area has been fully developed. If the Special Tax
Page3, Item ~
Meeting Date 5/20/03
Liability for any fiscal year is less than the maximum special tax authorized to be levied on the
Developed Parcels, the actual rate of the special taxes to be levied in that specific year will be
reduced accordingly.
Following is a brief discussion of some key issues regarding the "Rate and Method of
Apportionment (Revised) (RMA) of Special Taxes": (See Attachment "2" for full description of
RMA)
· The Maximum Special Tax Rates increase each year by the annual percentage change in
the Consumer Price Index.
· The RMA provides that the annual budget for any year may include an amount deemed
necessary to maintain an adequate level of an operating reserve fund.
The maximum special tax rates are based on the original budget. If the actual square
footage of development meets or exceeds the projections on which the special tax rates
were based, the actual special tax rate necessary to be levied annually to fund the Special
Tax Liability may be less than the authorized maximum special tax.
Proposed Maximum Special Taxes
The proposed maximum and current maximum special tax rates for fiscal year 2002/03 for
Improvement Area No. 2 ofCFD 07M are as follows:
Developed Property
Special Tax Category
Residential (.per square foot)
Multi-Family (per square foot)
Non-Residential (per acre)
Proposed
Maximum Special Tax
$0.070
$O.O7O
$547.75
Undeveloped
Special Tax Category
Subdivided Lot Property (per Acre)
Other Taxable Property (per Acre
Taxable HOA Property (per acre)
Proposed
MaximnmSpecial Tax
$1,054.95
$1,054.95
$1,054.95
Resolutions
There is one resolution on today's agenda, which, if adopted, will accomplish the following:
The RESOLUTION MAKING DETERMiNATIONS is the formal action of the City Council
making certain findings and determinations pertaining to the annexation of territory to CFD
Page 4, Item ~
Meeting Date 5/20/03
07M, Improvement Area No. 2 and authorizes the electors of such territory to vote on the
authorization to levy special taxes within such territory.
Future Actions
The City Clerk, acting as the designated election official, will hold a special election within the
territory proposed to be annexed to CFD No. 07M, Improvement Area No. 2 on May 27, 2003, at
which time the qualified electors of the territory to be annexed, being the owners of land within
such ten'itory, will be entitled to vote on a ballot proposition to authorize the levy of the special
taxes described above within such territory.
The adoption of a resolution declaring the results of the special election and, if the levy of such
special tax is approved by the qualified electors, the introduction of an ordinance to authorize the
levy of such special tax are scheduled for the City Council meeting of June 3, 2003 at 4:00 P.M.
FISCAL IMPACT: All costs of annexation to the district are being borne by the developers
and the on-going administration will be funded entirely by the district. The City will receive the
benefit of full cost recovering for staff cost involved in District formation and district
administration in perpetuity.
Attachments:
1) Annexation Boundary Map
2) Rate and Method of Apportionment (Revised)
J:~ngineer\LANDDEV\CFD's\Eastlake-MaintenanceXAI 13 Council agenda ROF Annex draft I.doc
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ATTACHMENT
CITY OF CHUI~ VISTA
COMMUNITY FACILITIES DISTRICT NO. 07M
RATE AND METHOD OF APPORTIONMENT FOR
IMPROVEMENT AREA NO. 2 (REVISED)
(Land Swap Parcel)
A Special Tax of Community Facilities District No. 07M (Eastlake III Woods, Vistas and Land
Swap Parcel) of the City of Chula Vista ("CFD") shall be levied on all Assessor's Parcels in
Improvemem Area No. 2 of the CFD and collected each Fiscal Year commen(mg in Fiscal Year
2002-03 in an amount determined through the application of the rate and method of apportionment
of the Special Tax set forth below. All of the real property in the CFD, unless exempted by law or
by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein
provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area
shown on the applicable Final Subdivision Map, other final map, other parcel map, other
condominium plan, or functionally equivalent map or instrument recorded in the Office of
the County Recorder. The square footage of an Assessor's Parcel is equal to the Acreage
multiplied by 43,560.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter
2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the actual or estimated costs incurred by the City,
acting for and on behalf of the CFD as the admirfistrator thereof, to determine, levy and
collect the Special Taxes, including salaries of City employees and a proportionate amount of
the City's general administrative overhead related thereto, and the fees of consultants and
legal counsel providing services related to the administration of the CFD; the costs of
collecting installments of the Special Taxes; and any other costs required to administer IA
No. 2 of the CFD as determined by the City.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned assessor's parcel number.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating
parcels by assessor's parcel number.
"CFD Administrator" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement and providing for the levy and collection of the
Special Taxes.
"CFD" means Community Facilities District No. 07M of the City of Chula Vista.
City of Chula Vista
CFD 07M, IA No. 2
lq'b'
June 20, 2002
Page I
"City" means the City of Chula Vista.
"City Clerk" means the City Clerk for the City of Chula Vista or his or her designee.
"City Manager" means the City Manager for the City of Chula Vista or his or her designee.
"Community Purpose Facility Property" or "CPF Property" means all Assessor's
Parcels which are classified as community purpose facilities and meet the requirements of
City of Chula Vista Ordinance No. 2452.
"Council" means the City Council of the City of Chula Vista, acting as the legislative body
of the CFD.
"County" means the County of San Diego, California.
"Developed Property" means all Taxable Property for which a building permit was issued
after January 1, 2002, but prior to the March 1st preceding the Fiscal Year in which the
Special Tax is being levied.
"Final Subdivision Map" means a subdivision of property creating buildable lots by
recordation of a final subdivision map or parcel map pursuant to the Subdivision Map Act
(California Government Code Section 66410 et seq.), or recordation of a condominium plan
pursuant to California Civil Code 1352, that creates individual lots for which building
permits may be issued without further subdivision and is recorded prior to March 1
preceding the Fiscal Year in which the Special Tax is being levied.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Improvement Area No. 2" or "IA No. 2" means Improvement Area No. 2 of the CFD,
as identified on the boundary map for the CFD.
"Land Use Class" means any of the classes listed in Table ! or Table 2.
"Landscape Maintenance" means the labor, material, administration, personnel,
equipment and utilities necessary to maintain landscaped areas within the public right-of-
ways, parkways, slopes, wetlands and other public easements throughout the CFD.
"Landscape Maintenance Requirement" means, for any Fiscal Year in which Special
Taxes are levied, the amount equal to the budgeted costs for Landscape Maintenance
applicable to lA No. 2 for such Fiscal Year.
"Maximum Special Tax" means the maximum Special Tax, determined in accordance
with Section C below, that may be levied in any Fiscal Year on any Assessor's Parcel of
Taxable Property.
"Multi-Family Property" means all Assessor's Parcels of Developed Property for which a
building permit has been issued for a residential structure consisting of two or more
City of Chula Vista
CFD 07M, IA No. 2
June 20, 2002
Page 2
residential units that share common walls, including, but not limited to, duplexes, triplexes,
townhomes, condominiums, and apartment units.
"Non-Residential Property" means all Assessor's Parcels of Developed Property for
which a building permit(s) has been issued for a structure or structures for non-residential
use.
"Operating Fund" means a fund that shall be maintained for IA No. 2 for each Fiscal Year
to pay for Landscape Maintenance and Storm Water Quality Maintenance and
Administrative Expenses.
"Operating Fund Requirement" means, for any Fiscal Year, the sum of the applicable
Landscape Maintenance Requirement and the applicable Storm Water Quality Maintenance
Requirement.
"Other Taxable Property" means, for each Fiscal Year, all Undeveloped Property not
classified as Developed Property, Subdivided Lot Property, or Taxable Property Owners
Association Property.
"Property Owner Association Property" means any property within the boundaries IA
No. 2 of the CFD that is owned by, or irrevocably dedicated as indicated in an instrument
recorded with the County Recorder to, a property owner association, including any master or
sub-association.
"Proportionately" means in a manner such that the ratio of the actual Special Tax levy to
the MaxXmum Special Tax is equal for all Assessor's Parcels of Taxable Property within each
Land Use Class.
"Public Property" means any property within the boundaries of IA No. 2 of the CFD that
is, at the time of the CFD formation, expected to be used for any public purpose and is
owned by or dedicated to the federal government, the State, the County, the City or any
other public agency.
"Reserve Fund" means a fund that shall be maintained for IA No. 2 for each Fiscal Year to
provide necessary cash flow for the first six months of each Fiscal Year, reserve capital to
cover monitoring, maintenance and repair cost overruns and delinquencies in the payment of
Special Taxes and a reasonable buffer to prevent large variations in annual Special Tax levies.
"Reserve Fund Requirement" means an amount equal to up to 100% of the Operating
Fund Requirement for any Fiscal Year.
"Residential Property" means all Assessor's Parcels of Developed Property for wl~ch a
building permit(s) has been issued for purposes of constructing one residential dwelling unit.
"Special Tax" means the Special Tax levied pursuant to the provisions of sections C and D
below in each Fiscal Year on each Assessor's Parcel of Developed Property and
Undeveloped Property in IA No. 2 to fund the Special Tax Requirement.
City of Chula Vista
CFD 07M, IA No. 2
June 20, 2002
Page 3
"Special Tax Requirement" means that amount required in any Fiscal Year for IA No. 2
to: (a) (i) pay the Landscape Maintenance Requirement; (ii) pay the Storm Water Quality
Maintenance Requirement; (i~i) pay reasonable Administrative Expenses; (iv) pay any
amounts required to establish or replenish the Reserve Fund to the Reserve Fund
Requirement; (v) pay for reasonably anticipated delinquent Special Taxes based on the
delinquency rate for Special Taxes levied in the previous Fiscal Year; less (b) a credit for
funds available to reduce the annual Special Tax levy, including the excess, if any, in the
Reserve Fund above the Reserve Fund Requirement.
"Square Foot" means the square footage as shown on an Assessor's Parcel's building
permit of Residential Property or Multi-Family Property, excluding garages or other
structures not used as living space.
"State" means the State of California.
"Storm Water Quality Maintenance" means the maintenance of detention basins, storm
drains, catch basin inserts, hydrodynatnic devices, infiltration basins, and all other facilities
that are directly related to storm water quality control throughout IA No. 2.
"Storm Water Quality Maintenance Requirement" means for any Fiscal Year an amount
equal to the budgeted costs for Storm Water Quality Maintenance applicable to IA No. 2 for
the current Fiscal Year in which Special Taxes are levied.
"Subdivided Lot Property" means a single family residential lot created by a Final
Subdivision Map, but which is not classified as Developed Property.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of IA No. 2
of the CFD that are not exempt from the Special Tax pursuant to law or as defined below.
"Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax-
Exempt Property includes: (i) Public Property, or (ii) Property Owner Association Property,
or (iii) Assessor's Parcels defined as Community Purpose Facility Property that is owned by a
non-profit organization and has provided proof to the City prior to the March 1st preceding
the Fiscal Year in which the Special Tax is being levied of the organization's non-profit
status, or (v) Assessor's Parcels with public or utility easements making impractical their
utilization for other than the purposes set forth in the easement.
"Taxable Property Owner Association Property" means all Property Owner
Association Property which is not exempt from the Special Tax pursuant to Section E
below.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified
as Developed Property.
City of Chula Vista
CFD 07M, IA No. 2
June 20, 2002
Page 4
ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscai Year using the definitions above, all Taxable Property within IA No. 2 of the
CFD shall be classified as Developed Property, Subdivided Lot Property or Undeveloped
Property, and shall be subject to Special Taxes pursuant to Sections C and D below.
Developed Property shall be further assigned to a Land Use Class as specified in Table 1.
Undeveloped Property shall be further assigned to a Land Use Class as specified in Table 2.
Assessor's Parcels of CPF Property not classified as exempt in accordance with Section E
below shall be taxed as Non-Residential Property when such Assessor's Parcel is classified as
Developed Property. If the Assessor's Parcel is Undeveloped it shall be classified as Other
Taxable Property.
MAXIMUM SPECIAL TAX RATE
1. Developed Property
TABLE 1
Maximum Special Tax for Developed Property
Community Facilities District No. 07M
Improvement Area No. 2
Land Use Maximum
Class Description Special Tax
1 Residential Property $ 0.070 per Sq Ft
2 Multi-Family Property $ 0.070 per Sq Ft
3 Non-Residential Property $386.78 per Acre
Multiple Land Use Classes
In some instances an Assessor's Parcel of Developed Property may contain more
than one Land Use Class. The Maximum Special Tax that may be levied on such an
Assessor's Parcel shall be the sum of the Maximum Special Tax levies that may be
imposed on all Land Use Classes located on that Assessor's Parcel. The CFD
Administrator shall determine the allocation to each Land Use Class.
City of Chula Vista
CFD 0TM, IA No. 2
June 20, 2002
Page 5
Undeveloped Property
TABLE 2
Maximum Special Tax for Undeveloped Property
Community Facilities District No. 07M
Improvement Area No. 2
Land Use Maximum
Class Description Special Tax
4 Subdivided Lot Property $1,054.95 per Acre
5 Other Taxable Property $1,054.95 per Acre
6 Taxable Property Owner $1,054.95 per Acre
Association Property
o
Annual Escalation of Maximum Special Tax
The Maximum Special Tax as shown in the tables above that may be levied on each
Assessor's Parcel in IA No. 2 shall be increased each Fiscal Year beginning in Fiscal
Year 2003-04 and thereafter by a factor equal to the annual percentage increase, if
any, in the San Diego Metropolitan Area All Urban Consumer Price Index (Ali
items).
METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2002-03, and for each following Fiscal Year, the Council shall
levy the IA No. 2 Special Tax at the rates established pursuant to steps 1 through 4 below so
that the amount of the Special Tax levied equals the Special Tax Requirement. The Special
Tax shall be levied each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on each Assessor's Parcel of
Developed Property up to 100% of the applicable Maximum Special Tax;
Second: If additional monies are needed to satisfy the Special Tax Requirement after the
first step has been completed, the Special Tax shall be levied Proportionately on each
Assessor's Parcel of Subdivided Lot Property at up to 100% of the Maximum Special Tax
for Subdivided Lot Property;
Third: If additional monies are needed to satisfy the Special Tax Requirement after the first
two steps have been completed, the Special Trax shall be levied Proportionately on each
Assessor's Parcel of Other Taxable Property at up to 100% of the Maximum Special Tax for
Other Taxable Property;
City of Chula Vista June 20, 2002
CFD 07M, IA No. 2 Page 6
lq-II
Fourth: If additional moneys are needed to satisfy the Special Tax Requirement after the first
three steps have been completed,.the Special Tax shall be levied proportionately on each
Assessor's Parcel of Taxable Property Owner Association Property at up to 100% of the
Max~ntun Special Tax for Taxable Property Owner Association Property.
Notwithstanding the above, under no circumstances w',lt the Special Tax levied against any
Assessor's Parcel of Residential Property or Multi-Family Property for which an occupancy
permit for private residential use has been issued be increased by more than ten percent
annually up to the Maximum Special Tax as a consequence of delinquency or default by the
owner of any other Assessor's Parcel within IA No. 2 of the CFD.
E. EXEMPTIONS
The CFD Administrator shall classify as exempt property (i) Assessor's Parcels defined as
Pubhc Property, (ii) Assessor's Parcels defined as Community Purpose Facility Property that
are owned by a non-profit organization which has provided proof to the City prior to the
March 1st preceding the Fiscal Year in which the Special Tax is being levied of the
organization's non-profit status, and (iii) Assessor's Parcels with public or utility easements
making impractical their ut'flization for other than the purposes set forth in the easement.
The CFD Administrator shall classify as exempt property those Assessor's Parcels defined as
Property Owner's Association Property provided that no such classification would reduce
the sum of all taxable Property to less than 76.23 Acres. Assessor's Parcels defined as
Property Owner Association Property that cannot be classified as exempt property will be
classified as Taxable Property Owner Association Property and shall be taxed as part of the
fou~h step in Section D.
The CFD Administrator will assign Tax-Exempt status in the chronological order in which
property becomes exempt.
F. ~P~LS
Any landowner or resident who pays the Special Tax and believes that the amount of the
Special Tax levied on their Assessor's Parcel is in error shall first consult with the CFD
Administrator regarding such error. If following such consultation, the CFD Administrator
determines that an error has occurred, the CFD Administrator may amend the amount of the
Special Tax levied on such Assessor's Parcel. If follow'rog such consukation and action, if any
by the CFD Administrator, the landowner or resident believes such error still exists, such
person may file a written notice with the City Clerk of the City appealing the amount of the
Special Tax levied on such Assessor's Parcel. Upon the receipt of any such notice, the City
Clerk shall forward a copy of such notice to the City Manager who shall establish as part of
the proceedings and administration of the CFD, a special three-member Review/Appeal
Committee. The Review/Appeal Committee may establish such procedures, as it deems
necessary to undertake the review of any such appeal. The Review/Appeal Committee shall
interpret this Rate and Method of Apportionment and make determinations relative to the
annual administration of the Special Tax and any landowner or resident appeals, as herein
specified. The decision of the Review/Appeal Committee shall be final and binding as to all
persons. IA No. 2
City of Chula Vista
CFD 07M, IA No. 2
June 20, 2002
Page 7
G. MANNER OF COLLECTION
Spedal Taxes levied pursuant to Section D above shall be collected in the same manner and
at the same time as ordinary ad wJaren property taxes; provided, however, that the CFD
Administrator may directly bill the Special Tax, may collect Spedal Taxes at a different time
or in a different manner if necessary to meet the financial obligations of IA No. 2 of the
CFD or as otherwise determined appropriate by the CFD Administrator.
H. TERM OF SPECIAL TA~_
Taxable Property in IA No. 2 of the CFD shall remain subject to the Special Tax in perpetuity.
S:\Ciients\Chula Vista\CFD Forrnations\Eastlake III\Landswap Change & Modification\redLMed eastlake III ILMA LA No.2 revised draft 3.doc
City of Chula Vista
CFD 07M, IA No. 2
June20,2002
Page 8
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION
OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 07M (EASTLAKE ~
WOODS, VISTAS AND LAND SWAP) AND IMPROVEMENT AREA NO. 2
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, ("City
Council"), formed a Community Facilities District and certain improvement areas therein pursuant to the
terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1,
Division 2, Title 5 of the Government Code of the State of California (the "Act"), and the City of Chula
Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula
Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance")
(the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). The
Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 07M
(EASTLAKE - WOODS, VISTAS AND LAND SWAP) (the "District") and the Improvement Areas were
designated as IMPROVEMENT AREA NO. 1 and IMPROVEMENT AREA 2 of such District; and,
WHEREAS, the District was formed for the purpose of financing the maintenance of (a) wetlands
and landscaped areas within the public rights-of-ways and other public easements throughout the District and
(b) facilities that are directly related to storm water quality control throughout the District; and
WHEREAS, the territory proposed to be annexed to the District and Improvement Area No. 2 (the
"Territory") shown on a map showing thereof entitled "Annexation Map No. 1 To Community Facilities
District No. 07M (Eastlake - Woods, Vistas and Land Swap), Improvement Area No. 2, City Of Chula Vista,
County Of San Diego, State Of California" (the "Annexation Map"), which map has been previously
approved and a copy of the map shall be kept on file with the transcript of these proceedings.
WHEREAS, this legislative body is now desires to proceed to adopt its Resolution of Intention to
annex the Territory to the District and Improvement Area No. 2, to describe the territory included within
District and Improvement Area No. 2 and the Territory proposed to be annexed thereto, to specify the
services to be financed from the proceeds of the levy of special taxes within the Territory, to set and specify
the special taxes that would be levied within the Territory to finance such services, and to set a time and
place for a public hearing relating to the armexation of the Territory to the District and Improvement Area
No. 2; and,
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. The above recitals are all true and correct.
LEGAL AUTHORITY
SECTION 2. These proceedings for annexation are initiated by this City Council pursuant to the
authorization of the Community Facilities District Law.
iNTENTION TO ANNEX; DESCRIPTION OF TERRITORY
SECTION 3. This legislative body hereby determines that the public convenience and necessity
requires that the Territory be added to the District and Improvement Area No. 2 and this City Council
declares its intention to annex the Territory to the District and Improvement Area No. 2.
A description of the boundaries and Territory proposed to be annexed is as follows:
All that Territory proposed to be annexed to Improvement Area No. 2, as
such property is shown on the Annexation Map, a copy of which is on file in
the Office of the City Clerk aod shall remain open for public inspection.
A general description of the territory included in the District is hereinafter described as follows:
All that property and territory as originally included within the District, as
such property is shown on the map of the original District as approved by
this City Council and designated by the nan~e of the original District. A copy
of such map is on file in the Office of the City Clerk and has also been filed
in the Office of the County Recorder.
NAME
SECTION 4. The proposed annexation shall be known and designated as COMMUNITY
FACILITIES DISTRICT NO. 07M (EASTLAKE - WOODS, VISTAS AND LAND SWAP),
IMPROVEMENT AREA NO. 2, ANNEXATION MAP NO. 1.
SERVICES AUTHORIZED TO BE FINANCED BY THE DISTRICT
SECTION 5. The services that are authorized to be financed by the District from the proceeds of
special taxes levied within Improvement Area No. 2 are certain services which are in addition to those
provided in or required for the territory within Improvement Area No. 2 and will not be replacing services
already available. A general description of such services to be financed by the District is as follows:
The maintenance of (a) xvetlands and landscaped areas within the public
rights-of-ways and other public easements throughout the District and (b)
facilities that are directly related to storm water quality control throughout the
District
The District shall finance all direct, administrative and incidental annual costs and expenses
necessary to provide the such monitoring, maintenance, operation and management of such public property.
2
/4-/5'
The same types o f services which are authorized to be financed by the District from the proceeds of
special taxes levied within Improvement Area.No. 2 are the types of services to be provided in the Territory.
If and to the extent possible such services shall be provided in common within the District and the Territory.
SPECIAL TAXES
SECTION 6. It is the further intention of this City Council body that, except where funds are
otherwise available, a special tax sufficient to pay for such services and related incidental expenses
authorized by the Community Facilities District Law, secured by recordation of a continuing lien against all
non-exempt real property in the Territory, will be levied annually within the boundaries of such Territory.
For further particulars as to the rate and method of apportionment of the proposed special tax, reference is
made to the attached and incorporated Attachment A (the "Special Tax Formula"), which sets forth in
sufficient detail the method of apportionment to allow each landowner or resident within the proposed
Territory to clearly estimate the maximum amount that such person will have to pay.
The special tax proposed to be levied within the Territory shall be equal to the special tax levied to
pay for the same services in Improvement Area No. 2, except that a higher or lower special tax may be levied
within the Territory to the extent that the actual cost of providing the services in the Territory is higher or
lower than the cost of providing those services in Improvement Area No. 2. Notwithstanding the foregoing,
the special tax may not be levied at a rate which is higher that the maximum special tax authorized to be
levied pursuant to the Special Tax Formula.
The special taxes herein authorized, to the extent possible, shall be collected in the same manner as
ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any
case of delinquency as applicable for ad valorem taxes. Any special taxes that may not be collected on the
County tax roll shall be collected through a direct billing procedure by the Treasurer.
The maximum special tax rate in Improvement Area No. 2 shall not be increased as a result of the
annexation of the Territory to Improvement Area No. 2.
PUBLIC HEARING
SECTION 7. NOTICE IS GIVEN THAT ON MAY 6, 2003, AT THE HOUR OF 4:00 PM CLOCK
P.M., IN THE REGULAR MEETING PLACE OF THE LEGISLATIVE BODY, BEING THE COUNCIL
CHAMBERS, 276 FOURTH AVENUE, CHULA VISTA, CALIFORNIA, A PUBLIC HEARING WILL BE
HELD WHERE THIS LEGISLATIVE BODY WILL CONSIDER THE AUTHORIZATION FOR THE
ANNEXATION OF THE TERRITORY TO THE DISTRICT AND IMPROVEMENT AREA NO. 2, THE
PROPOSED METHOD AND APPORTIONMENT OF THE SPECIAL TAX TO BE LEVIED WITHIN
THE TERRITORY AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF
INTENTION.
AT SUCH PUBLIC HEARING, THE TESTIMONY OF ALL INTERESTED PERSONS FOR OR
AGAINST THE ANNEXATION OF THE TERRITORY OR THE LEVYING OF SPECIAL TAXES
WITHIN THE TERRITORY WILL BE HEARD.
AT SUCH PUBLIC HEARING, PROTESTS AGAINST THE PROPOSED ANNEXATION OF
THE TERRITORY, THE LEVY OF SPECIAL TAXES WITHIN THE TERRITORY OR ANY OTHER
PROPOSALS CONTAINED IN THIS RESOLUTION MAY BE MADE ORALLY BY ANY
INTERESTED PERSON. ANY PROTESTS PERTAINING TO THE REGULARITY OR SUFFICIENCY
OF THE PROCEEDINGS SHALL BE IN WRITING AND SHALL CLEARLY SET FORTH THE
IRREGULARITIES OR DEFECTS TO WHICH OBJECTION IS MADE. ALL WRITTEN PROTESTS
SHALL BE F1LED WITH THE CITY CLERK PRIOR TO THE TIME FIXED FOR THE PUBLIC
HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN AT ANY TIME BEFORE THE
CONCLUSION OF THE PUBLIC HEARING.
MAJORITY PROTEST
SECTION 8. If (a) 50% or more of the registered voters, or six (6) registered voters, whichever is
more, residing within the District, (b) 50% or more of the registered voters, or six (6) registered voters,
whichever is more, residing within the Territory, (c) owners of one-half or more of the area of land in the
territory included in the District, or (d) owners of one-half or more of the area of land in the territory
included in the Territory, file written protests against the proposed annexation of the Territory to the District
in the future and such protests are not withdrawn so as to reduce the protests to less than a majority, no
further proceedings shall be undertaken for a period of one year from the date of the decision by the City
Council on the issued discussed at the public hearing.
ELECTION
SECTION 9. Upon the conclusion of the public hearing, if the legislative body determines to proceed
with the annexation, a proposition shall be submitted to the qualified electors of the proposed annexed area.
The vote shall be by registered voters within the proposed annexed area; however, if there are less than 12
registered voters, the vote shall be by landowners, with each landowner having one vote per acre or portion
thereof within the Ten'itory.
NOTICE
SECTION 10. Notice of the time and place of the public hearing shall be given by the City Clerk by
publication in the legally designated newspaper of general circulation, said publication pursuant to Section
6061 of the Government Code, with said publication to be completed at least seven (7) days prior to the date
set for the public hearing.
PREPARED BY:
APPROVED AS TO FORM BY:
Clifford Swanson
Director of Engineering Services
Ann Moore
City Attorney
4
/¥-/7
EXHIBIT "A"
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 07M
RATE AND METHOD OF APPORTIONMENT FOR
IMPROVEMENT AREA NO. 2 (REVISED)
(Land Swap Parcel)
A Special Tax of Commuaity Facilities District No. 07M (Easflake III Woods, Vistas and Land
Swap Parcel) of the City of Chula Vista ("CFD') shall be levied on all Assessor's Parcels in
Improvement Area No. 2 of the CFD and collected each Fiscal Year commencing in Fiscal Year
2002-03 in an amount determined through the application of the rate and method of apportionment
of the Special Tax set forth below. All of the real property in the CFD, unless exempted by law or
by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein
provided.
A. DEFINITIONS
The terms hereinafter set forth have the fo]lowing meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area
shown on the applicable Final Subdivision Map, other fmal map, other parcel map, other
condominium plan, or functionally equivalent map or instrument recorded in the Office of
the County Recorder. The square footage of an Assessor's Parcel is equal to the Acreage
multiphed by 43,560.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter
2.5, Part 1, Division 2 of Tide 5 of the Government Code of the State of California.
"Administrative Expenses" means the actual or esth-nated costs incurred by the City,
acting for and on behalf of the CFD as the administrator thereof, to determine, levy and
collect the Special Taxes, including salaries of City employees and a proportionate amount of
the City's general adrnfifistrative overhead related thereto, and the fees of consultants and
legal counsel providing services related to the administration of the CFD; the costs of
collecting instaLhnents of the Special Taxes; and any other costs required to administer IA
No. 2 of the CFD as determined by the City'.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned assessor's parcel number.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating
parcels by assessor's parcel number.
"CFD Administrator" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement and providing for the levy and collection of the
Special Taxes.
"CFD" means Community Facilities District No. 07M of the City of Chula Vista.
CRy of Chula Vista
CFD 07M, lA No. 2
~'-l-If'
June 20, 2002
Page I
"City" means thc Cit), of Chula Vista.
"City Clerk" means the City Clerk for thc City of Chula Vista or his or her designee.
"City Manager" means the City Manager for the City of Chula Vista or b_is or her designee.
"Community Purpose Facility Property" or "CPF Property" means all Assessor's
Parcels which are classified as community purpose facilities and meet the requLrements of
City of Chula Vista Ordinance No. 2452.
"Council" means the Cit)~ Council of the City of Chula Vista, acting as the legislative body
of the CFD.
"County" means the County of San Diego, Cahfornia.
"Developed Property" means all Taxable Property for which a building permit was issued
after January l, 2002, but prior to the March 1st preceding the Fiscal Year in which the
Special Tax is being levied.
"Final Subdivision Map" means a subdMsion of property creating btfildable lots by
recordation of a £mal subdivision map or parcel map pursuant to the Subdivision Map Act
(California Government Code Section 66410 et seq.), or recordation of a condominium plan
pursuant to Cahfornia Civil Code 1352, that creates individual lots for which building
permits may bc issued without further subdivision and is recorded prior to March 1
preceding the Fiscal Year in which the Special '['ax is being levied.
"Fiscal Year" means the period starting.July I and ending on the following June 30.
"Improvement Area No. 2" or "IA No. 2" means Improvement Area No. 2 of the CFD,
as identified on the boundary map for the CFI).
"Land Use Class" means any of the classes listed in Table 1 or Table 2.
"Landscape Maintenance" means tbe labor, material, admimstrafion, personnel,
equipment and utilities necessaU, to maintain landscaped areas within the public right-of-
ways, parkways, slopes, wedands and other public easements throughout the CFD.
"Landscape Maintenance Requirement" means, for any Fiscal Year in which Special
Taxes are levied, the amount equal to the budgeted costs for Landscape Maintenance
applicable to IA No. 2 for such Fiscal Year.
"Maximum Special Tax" means thc nlaxinlunl Special Tax, deterrmned in accordance
with Section C below, that may be levied in any Fiscal Year on any Assessor's Parcel of
Taxable Property.
"Multi-Family Property" means all Assessor's Parcels of Developed Property for which a
building permit bas been issued for a residential structure consisting of two or more
City of Chula Vista June 20, 2002
CFD 07M, IA No. 2 Page 2
residential units that share cormnon xvalls, including, but not limited to, duplexes, triplexes,
townhomes, condominiums, and apartment units.
"Non-Residential Property" means all Assessor's Parcels of Developed Property for
which a building permit(s) has been issued for a su~ucture or structures for non-residential
use.
"Operating Fund" means a fund that shall be maintained for IA No. 2 for each Fiscal Year
to pay for Landscape Maintenance and Storm Water Quality Maintenance and
Adm/mstrative Expenses.
"Operating Fund Requirement" means, for any Fiscal Year, the sum of the applicable
Landscape Maintenance Reqtm'ement and the applicable Storm Water Quality Maintenance
Requirement.
"Other Taxable Property" means, for each Fiscal Year, all Undeveloped Property not
classified as Developed Property, Subdivided Lot Property, or Taxable Property Owners
Association Property.
"Property Owner Association Property" means any property xvithin the boundaries LA
No. 2 of the CFD that is owned by, or irrevocably dedicated as indicated in an instrument
recorded with the County Recorder to, a property owner association, including any master or
sub-association.
"Proportionately" means in a manner such that the ratio of the actual Special Tax levy to
the Maxhnum Special Tax is equal for all Assessor's Parcels of Taxable Property within each
Land Use Class.
"Public Property" means any property within the boundaries of IA No. 2 of the CFD that
is, at the time of the CFD formafon, expected to be used for any public purpose and is
owned by or dedicated to the federal government, the State, the County, the City or any
other pubhc agency.
"Reserve Fund" means a fund that shall be maintained for IA No. 2 for each Fiscal Year to
provide necessary cash flow for the £u'st six months of each Fiscal Year, reserve capital to
cover monitoring, maintenance and repair cost overruns and delinquencies in the payment of
Special Taxes and a reasonable buffer to prevent large variations in annual Special Tax levies.
"Reserve Fund Requirement" means an amoum equal to up to 100% of the Operating
Fund Requirement for any Fiscal Year.
"Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit(s) has been issued for purposes of constructing one residential dwelling unit.
"Special Tax" means the Special Tax levied pursuant to the provisions of sections C and D
below in each Fiscal Year on each Assessor's Parcel of Developed Property and
Undeveloped Property in IA No. 2 to fund the Special Tax Requirement.
City of Chula Vista June 20, 2002
CFD 07M, IA No. 2 Page 3
"Special Tax Requirement" means that amount required in any Fiscal Year for LA No. 2
to: (a) (i) pay the I.andscape Maintenance Requirement; (ii) pay the Storm Water Quality
Maintenance Requirement; (iii) pa), reasonable Administrative Expenses; (iv) pay any
amounts required to estabhsh or replenish the Resetwe Fund to the Reserve Fund
Requirement; (v) pay for reasonably anticipated delinquent Special Taxes based on the
delinquency rate for Special Taxes levied in the previous Fiscal Year; less (b) a credit for
funds availahle to reduce the annual Special Ta.k lew, including the excess, if any, in the
Reserve Fund above the Reserve Fund Requircmcut.
"Square Foot" means the squarc footage as shown on an Assessor's Parcel's building
permit of Residential Property or Muln-Family Prol*crtT, excluding garages or other
structures not used as living space.
"State" means thc State of California.
"Storm Water Quality Maintenance" mcans the maintenance of detention basins, storm
drains, catch basin inserts, hydrodynarmc devices, infiltration basins, and all other facilities
that are directly related to storm water quality control throughout IA No. 2.
"Storm Water Quality Maintenance Requirement" meaus for any Fiscal Year an amount
equal to the hudgeted costs for Storm Water Quality Maintenance applicable to LA No. 2 for
the current Fiscal Year in which Special Taxes arc levied.
"Subdivided Lot Property" means a single family residential lot created by a Final
Subdivision Map, but which is not classified as I)evelopcd Property.
"Taxable Property" means all of the Assessor's Parcels xvithin the boundaries of LA No. 2
of the CFD that are not exempt fi'om thc Special Tax pursuant to law or as defined below.
"Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax-
Exempt Property includes: (i) Public Property, or (ii) Property Owner Association Property,
or (iii) Assessor's Parcels defined as Comnaunity Purpose Facility Property that is owned by a
non-profit organization and has provided proof to the CiD' prior to the March 1st preceding
the Fiscal Year in wl'fich the Special Tax is being lcvied of the organization's non-profit
status, or (v) Assessor's Parcels with public or utility easements making impractical their
utilization fi)r other than the purposes set forth in the easement.
"Taxable Property Owner Association Property" means all Property Owner
Association Property which is not exempt fi'om the Special Tax pursuant to Section E
below.
"Undeveloped Property" means, for each Fiscal Year, aH Taxable Property not classified
as Developed Property.
City of Chula l/ista
CFD 07M, IA No. 2
June 20, 2002
Page 4
ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the definitions above, all Taxable Property within IA No. 2 of the
CFD shall be classified as Developed Property, Subdivided Lot Property or Undeveloped
Property, and shall be subject to Special Taxes pursuant to Sections C and D below.
Developed Property shall be further assigned to a Land Use Class as specified in Table 1.
Undeveloped Property shall be further assigned to a Land Use Class as specified in Table 2.
Assessor's Parcels of CPF Property not classified as exempt in accordance with Section E
below shall be taxed as Non-Residential PropertT ~vhen such Assessor's Parcel is classified as
Developed Property. If the Assessor's Parcel is Undeveloped it shall be classified as Other
Taxable Property.
MAXIMUM SPECIAL TAX RATE
1. Developed Property
TABLE 1
Maximum Special Tax for Developed Property
Community Facilities District No. 07M
Improvement Area No. 2
Land Use Maximum
Class Description Special Tax
1 Residential Property $ 0.070 per Sq Ft
2 Multi-Family Property $ 0.070 per Sq Ft
3 Non-Residential Property $386.78 per Acre
Multiple Land Use Classes
In some instances an Assessor's Parcel of Developed Property may contain more
than one Land Use Class. The Maxhnum Special Tax that may be levied on such an
Assessor's Parcel shall be the sum of the Maximum Special Tax levies that may be
hrtposed on all Land Use Classes located on dmt Assessor's Parcel. The CFD
Administrator shall determine the allocation to each Land Use Class.
City of Chula Vista
CFI) 07M, IA No. 2
June 20, 2002
Page 5
Undeveloped Property
TABLE 2
Maximum Special Tax for Undeveloped Property
Community Facilities District No. 07M
Improvement Area No. 2
Land Use Maximum
Class Description Special Tax
4 Subdivided Lot Property $1,054.95 per Acre
5 Other Taxable Property $1,054.95 per Acre
6 Taxable Property Oxvncr $1,054.95 per Acre
Association I)ropertv
Annual Escalation of Maximum Special Tax
The Maximum Special Tax as shoxvn in the tables above that may be levied on each
Assessor's Parcel in IA No. 2 shall be increased each Fiscal Year beginning in Fiscal
Year 20034)4 and thereafter by a factor equal to the annual percentage increase, if
any, in thc San Diego Metropolitan Area All Urban Consumer Price Index (All
Items).
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing ~vith Fiscal Year 2002-03, and for each following Fiscai Year, the Council shall
levy the IA No. 2 Special Tax at the rates estahlished pursuant to steps 1 through 4 below so
that the amount of the Special Tax levied equals the Special Tax Requirement. The Special
Tax shall be levied each Fiscal Year as follows:
First: The Special 'Fax shall be levied Proportionately on each Assessor's Parcel of
Developed Property up to 100% of the applicable Maximum Special Tax;
Second: If additional monies are nceded to sausfy the Special Tax Requirement after the
first step has been completed, thc Special 'Fax shall be levied Proportionately on each
Assessor's Parcel of Subdivided Lot Property at up to 100% of the Maximum Special Tax
for Subdivided Lot Property;
Third: If additional monies are needed to satisfy the Special Tax Requirement after the first
two steps have been completed, the Special Tax shall be levied Proportionately on each
Assessor's Parcel of Other Taxable Property at up to 100% of the MaXtmum Special Tax for
Other Taxable Properis,;
City of Chula Vista
CFD 07M, IA No. 2
June 20, 2002
Page 6
Fourth: If additional moneys are needed to satisfy the Special Tax Requirement after the ~st
three steps have been completed, the Special Tax shall be levied proportionately on each
Assessor's Parcel of Taxable Property Oxvner Association Property at up to 100% of the
Maximum Special Tax for Taxable Property Owner Association Property.
Notwithstanding the above, under no circumstances will the Special Tax levied against any
Assessor's Parcel of Residential Property or Multi-Fa~rfily Property for wkich an occupancy
permit for private residential use has been issued be increased by more than ten percent
annually up to the Maxhnum Special Tax as a consequence of delinquency or default by the
owner of any other Assessor's Parcel within IA No. 2 of the CFD.
E. EXEMPTIONS
The CFD Administrator shall classify as exempt property (i) Assessor's Parcds defined as
Public ProperU,, (ii) Assessor's Parcels defined as Comtnuniry Purpose Facility Property that
are owned by a non-profit organization whicb has provided proof to the City prior to the
March 1st preceding the Fiscal Year in which the Special Tax is bdmg levied of the
organization's non-profit status, and (iii) Assessor's Parcels with public or utility easements
making hnpractical their utilization for other than the purposes set forth in the easement.
The CFD Administrator shall classiC, as exempt property those Assessor's Parcels defined as
Property Owner's Association Property provided that no such classification would reduce
the sum of all taxable Property to less than 76.23 Acres. Assessor's Parcels defined as
Property Oxvner Association Property that cannot be classified as exempt property will be
classified as Taxable Property Oxvncr Association Property and shall be taxed as part of the
fourth step in Section D.
The CFD Adirfinistrator will assign Tax-Exempt status in the chronological order in which
property becomes exempt.
F. APPEALS
Any landowner or resident who pays the Special Tax and believes that the amount of the
Special Tax levied on their Assessor's Parcel is in error shall first consult with the CFD
Administrator regarding such error. If following such consultation, the CFD Administrator
determines that an error has occurred, the CFD Adirfinistrator may amend the amount of the
Special Tax levied on such Assessor's Parcel. If following such consultation and action, if any
by the CFD Administrator, the lando~vner or resident beheves such error still exists, such
person may file a written notice with the City Clerk of the City appealing the amount of the
Special Tax levied on such Assessor's Parcel. Upon the receipt of any such notice, the City
Clerk shall forward a copy of such notice to the City Manager who shall establish as part of
the proceedings and administration of the CFD, a special three-member Review/Appeal
Commtttee. The Review/Appeal Comrmtrce may establish such procedures, as it deems
necessary to undertake the review of any such appeal. The Review/Appeal Committee shall
interpret this Rate and Method of Apportionment and make determinations relative to the
annual ad~rdnistration of the Special Tax and any landowner or resident appeals, as herCm
specified. The decision of the Review/Appeal Co~mrdttee shall be final and binding as to all
persons. IA No. 2
-City of Chula ~tsta
CFD 07M, lA No. 2
June 20, 2002
Page 7
G. MANNER OF COLLECTION
Special Taxes levied pursuant to Section 0 above shall be collected in the same manner and
at the Saine tÜne as ordinary ad l)ûlorem property taxes; provided, however, that the CFD
Administrator may directly bill the SpecIal Tax, may collect Special Taxes at a different time
or in a different manner if necessary to meet the financial obligations of lA No.2 of the
CFO or as otherwise determined appropriate by the CFO Administrator.
H. TERM OF SPECIAL TAX
Taxable Property in IA No.2 of the CFD shall remain subject to the Special Tax in perpetuity.
S:\Clìcnt~\Chu!a Vi~tJ\CF!) j,"JI1n:ltiol1s\I';¡¡stJakc IIJ\Lands\\',¡j1 Change & ,\[odirication\n:dlinl'd <.~J;;tlakc III RMA fA No.2 revised draft 3.doc
City ofChula Vista
CFD 07M, fA No.2
June 20, 2002
Page 8
/ '-/ - -;), 5
5/~~.s
C"-'\Ac)¡o:. CÞ\«!....
Figure 7
Persistant Gap Would Reemerge Under Governor's Plan
General Fund
(In Billions)
5100
95
- - Expend_ures
,.
,
.,.'
,
,
,
,""
""
,
,
,
,
,
- Revenues
90
85
80
75
...................,-....."""'"
,
,
,
70
65
60
00-01
01-02
02-03
I
03-04
04-05 05- 06
06-07
07-08
I
Fomcast
The Plan's Out-Year Implications
As indicated earlier, the administration projects that its May Revision plan would, if adopted and
its assumptions realized, result in a large General Fund operating deficit in 2004-05 of
$7.9 billion. This reflects the gap between its 2004-05 projected revenues ($71.3 billion) and
expenditures ($79.2 billion). As a result, the administration estimates that under its plan, the
budget would be in deficit at the end of 2004-05, even if all of its May Revision proposals were
adopted and $10.7 billion of the current budget shortfall was moved "off-budget" tbrough
borrowing.
LAO Findings. In order to assess the out-year implications of the plan, we developed our own
out-year projections of the budget's operating balance-based on the plan's policy assumptions
but using our own estimates of both their fiscal effects and the performance of the economy and
revenues. Our analysis indicates the following:
. A significant operating deficit would indeed still exist in 2004-05-in our view, close to
$7 billion. Our slightly lower estimate compared to the administration reflects somewhat
stronger revenue growth, partly offset by higher projected expenditures.
. As shown in Figure 7, this operating deficit would persist over time and grow modestly,
absent corrective actions. Thus, the state cannot" grow its way" out of this problem.
. The persistence of the operating deficit would occur even though our projections assume
a reasonably healthy annual revenue growth rate in the 6 percent range after 2004-05 and
program growth in such areas as education at well below that pace. The explanation for
why the deficit grows despite these favorable trends involves the various one-time
borrowings and deferrals embedded in the 2003-04 budget plan, which add significantly
to out-year costs.
. Regarding borrowing, we have identified roughly $17 billion in various types of
borrowing solutions in the 2003-04 budget plan, representing over one-half of the total
budget solutions proposed in the May Revision. The accumulation of such budget-related
debt will divert some future tax receipts away from funding public services in order to
pay debt service expenses, and thereby leave future Legislatures with relatively fewer
options and less flexibility for dealing with the budget shortfalls that will likely emerge
beyond the budget year
Implications. We believe that the reemergence of these large operating deficits in future years,
absent corrective actions, along with the large amount of debt and the risks inherent in the budget
proposal, has important implications for the Legislature. First, to the extent that the Legislature
rejects some of the solutions contained in the revised budget plan, it will be important that
alternative solutions of at least similar magnitude and duration be found. In this regard, it will be
especially important that it not diminish the amount of ongoing solutions present in the current
plan.
More importantly, we believe that if the Legislature adopts a multiyear approach such as outlined
in the May Revision, it should incorporate additional ongoing solutions beyond those proposed in
the current budget plan. These can involve both new solutions not included in the May Revision,
as well as the extension of some proposed one-time solutions (such as COLA and tax credit
suspensions) to multiyear solutions.
~
SUMMARY CHARTS
a
2003-04 General Fund Expenditures
(Dollars in Billions)
A
-:¿.;..
K-12 Education 41.3% $29.1
Health and Human Services 30.0"10
Higher Education 12.5%
,
Youth & Adult Correctional 8.1"10 _$5.7
Other 2.4"10 .$1.7
Courts 2.1"10 1$1.5
Resources ,
1.3"10 ~$0.9
Tax Relief 1.0"10 1$0.7
State & Consumer Services 0.6"10 1$0.4
,
Business. Trans & Housing 0.6"10 1$0.4
I
Environmental Protection 0.1"10 1$0.1
$15
$20
$25
$30
$35
$0
$5
$10
Preliminary Gen.eral Fund Projection
for 2004-05
(Dollars in Billions)
~ô!í.~
l¡iJí[~;'" -_.~l["-- -$2.0
~~ Bv _.........-
$1.4 $1.9
$70.9 $71.3
$72.3 $73.2
$70.4 $79.2
$7.9
$1.9 $1.9
1.4 1.4
0.5 0.5
~ _.ìbuI~
~E9- ...---NlUWL;;t-----.-
i'SJ v..... -- -- ___Dt
~B~-....;...~\tÓor-
.l
·-0
Ii
R
$70.8
$10.7
$79.5
$78.1
~r;%~i.~-o.ri~~-~W~" _i
E:¡ii!ì¡..jJ..-n_D'''~1QÉÍ!iHJii - --S;;¡l $1.4
Reserve for Uquidation of Encumbrances 1.4
Special Fund for Economic Uncertainties 0.0
..
GOVERNOR'S BUDGET MAY REVISION I 2003-04
~
99
- Øþv ø~ (]~
RECEIVED
w I'll\) 13 AB:17
1047 Torrey Pines Road
Chula Vista, CA 91915
Phone/Fax: (619) 421-1576
Email: man-so@sbcglobal.net
'~v ",. r.uULA \il' .
Crn \/" lin " J i ,.
0ITY CLERK'S OFFICi
April 22, 2003
Ric Todd
Cultural Arts Coordinator
Chula Vista Public Library
Office of Cultural Arts
365 F. Street
Chula Vista, CA 91910
Dear Ric:
As I have decided to expand my career opportunities, it is with much gratefulness, that I
present this letter of resignation as commissioner on the Cultural Arts Commission.
I have accepted a position with the American Heart Association, to be their Vice
President of Corporate Events in Los Angeles.
It has been a fortunate experience to be a part ofthis commission and be associated with
a group of talented and dedicated professionals that started out as strangers and now I
leave good fiiends.
I have enjoyed my time as commissioner and I take with me fond memories and
wonderful experiences. Though I leave the commission, my heart is with you and please
contact me if there is anything that I can do for you.
I wish the commission much success and wellness in its future endeavors. Gob bless you
all.
Manuel Soto
President
/
8