HomeMy WebLinkAbout2020/01/07 Agenda PacketI declare under penalty of perjury that I am employed
by the City of Chula Vista in the office of the City Clerk
and that I posted the document according to Brown Act
requirements.
Dated:— Sipsd: Crry OF—
CHULA VISTA
e�z
Mary Casillas Salas, Mayor
John McCann, Councilmember - District 1 Gary Halbert, City Manager
Jill M. Galvez, Councilmember - District 2 Glen R. Googins, City Attorney
Stephen C. Padilla, Councilmember - District 3 Kerry K. Bigelow, City Clerk
Mike Diaz, Councilmember - District 4
Tuesday, January 7, 2020 5:00 PM Council Chambers
276 4th Avenue, Building A
Chula Vista, CA 91910
REGULAR MEETING OF THE CITY COUNCIL
CALL TO ORDER
ROLL CALL:
Councilmembers Diaz, Galvez, McCann, Padilla and Mayor Casillas Salas
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
A. 19-0578 OATH OF OFFICE
James Scofield, Charter Review Commission
CONSENT CALENDAR (Items 1 - 4)
The Council will enact the Consent Calendar staff recommendations by one motion, without
discussion, unless a Councilmember, a member of the public, or 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 immediately following the Consent
Calendar.
City of Chula Vista Page 1 Printed on 11212020
City council Agenda January 7, 2020
1
120-0010 APPROVAL. OF'MINUTES of Jlune 4 and 11 20191.
Recommended Action: Coulncil approve the minutes.
19-0577 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE SECTION 2.05.01 o To
ADD THE UNCLASSIFIED POSITION of SMART
TECHNOLOGY OFFICER(SECOND READING, AND
ADOPTION) (415 VOTE REQUIRED)
Department: Human Resources Department
Environmental Notice: The activity is not a "Project" as defined under Section 15878 of the
California (Environmental Quality Act State Guidelines; therefore, pursuant to
State Guidelines section 1 o o(c)(3) no environmental review is required.
Recommended Action: Council adopt the ordinance.
3. 19-0500 RESOLUTION of THE CITY COUNCIL OF THE CITY
of
CHULA VISTA ACTING, As THE LEGISLATIVE BODY
of
COMMUNITY FACILITIES s DI STRICT No. 16-1 MI LENIA
MODIFYING TERRITORY WITHIN IN IMPROVEMENT AREA
O. 20F COMMUNITY FACILIT...ICs.. DISTRICT NO.
16-1
(MILLENIA) AND DECLARING ITS INTENTION
TO
CONSIDER CHANGES TO THE AT AND METHOD
O
APPORTIONMENT of SPECIAL. TAXES AUTHORIZED
TO
BE LEVIEDWITHIN IMPROVEMENT AREA NO.
THEREOF
Department: Development services Department
Environmental Notice: The activity is not a "Project" as defined under section 15878 of
the
California Environmental Quality Act state Guidelines; therefore, pursuant to
State Guidelines section 15060(c)(3) no environmental review is required.
Recommended Action: Council adopt the (resolution.
City of Chula Vista
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City Council Agenda January 7, 2020
4. 19-0581 RESOLUTION OF THE CITY COUNCIL F THE CITY OF
CHULA VISTA ACCEPTING $559,634FROM THE ,S'TA'TE
F CALIFORNIA DEPARTMENT OF ,JUSTICE, OFFICE OF
THE ATTORNEY GENERAL, TOBACCO GRANT
PROGRAM, ADDING ONE PEACE OFFICER TO THE
AUTHORIZED STAFFING LEVEL F THE POLICE
DEPARTMENT, APPROVING A MEMORANDUM O
UNDERSTANDING BETWEEN THE CITY AND CALIFORNIA
DEPARTMENT OF JUSTICE, AND APPROPRIATING SAID
FUNDS 'T THE POLICE C GRANTS SECTION F THE
STATE GRANTS FUND (4/5 VOTE REQUIRED)
Department.: Police Department
Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the
California Environmental Quality Act StateGuidelines; therefore„
pursuant to State Guidelines Section 1 060(c)() no environmental
ireview is required.
Recommended Action: '!council adopt the resolution.
Persons speaking during Public Comments may address the Council on any subject matte
within the Council's Jurisdiction that is not listed as an itemi on the agenda. State law genera
prohibits the Council from discussing or taking action on any issue not included on the agenda
but, if appropriate,, the Council ,future discussion
City of Chula Vista
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City Council Agenda January 7, 2020
ACTION ITEMS
The Item(s) listed in this section of the agenda will be considered individually by the Council and
are expected to elicit discussion and deliberation. If you' wish to speak on any item, please fill
out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the
meeting.
5. J9-0568 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CH LA VISTA APPROVING A COMMUNITY BENEFIT
AGREEMENT BETWEEN 'THE CITY AND ACI SUNBOW,
LLC
Department: Development Services Department
Environmental Notice: The activity is not a "Project" as, defined under Section 15378 of the
California Environmental Quality Act (CEQA) Guidelines because it will not
result in a physical change in the environment; therefore, pursuant to
Section 15060(c)(3) of the CE,QA Guidelines, the activity is not subject to
CIE A® In addition, the activity qualifies for an Exemption pursuant to
Section 15061 (b)(3) of the CEQA Guidelines.
Recommended Action: Council adopt the (resolution.
CITY MANAGER'S REPORTS
6. 120-0007 UPDATE ON LEASH -FREE DOG, PARK AT MEMORIAL
PARK
N"WA"� 11 Ile] ZRL IWARM :14:101 A
Lei 111110,144 Qm **01101 1L �
Announcements of actions taken in Closed Session shall be made available by noon o
Wednesday following the Council meeting at the City Attorney's office in accordance with th
Ralph M. Brown Act (Government Code 54957.7)1.
19-0575 CONFERENCE WITH LEGAL COUNSEL REGARDIN
EXISTING LITIGATION PURSUANT TO GOVERNMEN I
CODE SECTION 54956.9 (d)(1) I
Name of case: City of Chula Vista v. Douglas E. Barnhart,
Inc., et al -) San Diego Superior C ol u rt, Case Nol.
37-2016-00045312-CU-CD-iCTL
City of Chula Vista Page 4 Printed on 11212020
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City Council Agenda January 7, 20201
F."I 0 111�I III i i
Ili i p i lI iirliri 1 1: ri:qiii lip I
[Triaterials provided to the City Council related to any open -session item on this agenIda are available foia
public review at the City Clerk's Office, located in City Hall at 276 Fourth Avenue, Building A. during
normal business hours.
In compliance with the
The City of Chula Vista requests individuals who require special accommodations to access, attend,
andlor participate in a City meeting, activity, or service, contact the City Clerk's Office at (619)
691-5041 (Califomia Relay Service is available for the hearing impaired by dialing 711) at least
forty-eight hours in advance of the meeting.
Most Chula Vista City Council meetings, including public comments, are video recorded and aired live
on AT&T U -verse channel 99 (throughout the County), on Cox Cable channel 24 (only in Chula Vista),
and online at www.chulavistaca.gov. Recorded meetings are also aired on Wednesdays at 7 p.m. (both
channels) and are archived on the City's website.
Sign up at www.ch,ulavistaca.gov to receive email notifications when City Council agendas all
published online.
City of Chula Vista
2020-01-07 Agenda Packet,
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Page 5 of 179
Tuesday, June 4, 201
...........
Meeting Minutes - Draft
5:00 RIM Council Chambers
276 4th Avenue, (Building
Chula Vista, CA 91910
SPECIAL MEETING OF THE HOUSING AUTHORITY
MEETING JOINTLY WITH THE CITY COUNCIL AND
THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
OF THE CITY OF CHULA VISTA
specialmeeting of the Housing Authority, meeting jointly with the City Council, and the Successor
Agency to the Redevelopment Agency of the City of Chula Vista, was called to order at 5.-01 p.m. in the
Council Chambers', located in City Hall, 276 Fourth Avenue, Chula Vista, California.
Mayor Casillas Salas announced, pursuant to AB 23, that she and each Councilmember would receive $50
for their attendance at thatHousingmeeting, held simultaneously meeting.
►.i IN 111119Y11
Present: Councilmember Diaz, C ounciimernbelr Galvez, Ceuncilrmemher McCann, Deputy Mayor
Padilla and Mayer Casilas Salas
Also Present. City Manager Halbert, City Attorney GQag ns, City Clerk Bigelow, ,and Deputy City Clerk
Turner
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
r
RESPONSEA. 191-0311 PRESENTATION OF A PROCLAMATION COMMENDING AMERICAN
MEDICAL • ► ANDERSON
ON 1 YEARS OF DEDICATED
Mayor Casillas Salas read the proclamation and Councilmember Diaz presented it to Mr. Anderson.
CONSENT CALENDAR (Items 1 - 7)
1 191-0049 RESOLUTION NO. 2019-088 OF THE CITY COUNCIL OF TWIT CITY OF
CHULA VISTA APPROVING A JOINT USE AGREEMENT' BETWEEN
THE CITY OF SAN DIEGO AND THE CITY OF CHULA VISTA FOR THE
COLOCATION OF THE CITY OF SAN DIEGO'S T STIN `► 7 -INC
+STAY VALLEY TRUNK SEWER IN THE FUTURE EXTENSION CST
FAIVTT STREET
Recommended Action: Council adopt the resolution.
City of Chula Vista Page 9
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City Council Meeting Minutes - IDraft June 4, 2019
191-0 170 RESOLUTION +2019-089 OF THE CITY COUNCIL
CHULA VISTA APPROVING THE FOURTH AMENDMENT 'TO THE
MEMORANDUM OF UNDERSTANDING AMONG O
OF THE SAN DIEGO COUNTYNATIONAL DISCHARGE
ELI 111 11,4TIOIJ SYSTEli �J \ : ►l
Recommended Action: Council adopt the resolution.
3. J 91-0213 RESOLUTION NO.: 2019-090 OF: THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR
OPEN SPACE TREE MAINTENANCE SERVICES TO ATLAS
ENVIRONMENTAL SERVICES,AN
$2,50015000 FOR ! FIVE-YEAR TERM OF THE CONTRACT
Recommended ,Action: Council adopt the resolution.
4. 19.0244 RESOLUTION NO. 2019-091 OF THE CITY COUNCILOF THE CITY OF
CHULA VISTA APPROVING THE CONSOLIDATION O THE PARK
BOUNDARIES OF' SDG&E PARK EAST, SDG&E PARK WEST, LOMA
VERDE PARK, AND RI NSTRA PARK INTO LOMA VERDE SPORTS
PARK
Recommended Action: Council adopt the resolution.
5. 19.0296 RESOLUTION NO. 2019-092 OF THE CITY COUNCIL OF THE CITY OF
C HULA VISTA ADOPTING A PURCHASING ANIS CONTRACT
T
ADMINISTRATIVE OLICY FOR FEDERALLY FUNDED PURC HA `ES
Recommended Action: Council adopt the resolution.
SECTION191-0302 RESOLUTION NO. 2019-094 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING PROPOSALS, AWARDING AN
AGREEMENT WITH RUSS BASSETT CORPORATION TO PROVID!
DISPATCHER CONSOLES AND APPROPRIATING $288,000TO THE
POLICE
City of Chula Vista
Recommended Action: Council adopt the resolution.
ACTION: A motion was made by Councilmember McCann, seconded by Councilmember
Galvez, to approve staff s recommendations on the above Consent Calendar
items, headings read, text waived. The motion carried by the following vote:
"yes: 5 - Diaz, C alvez, McCann, (Padilla and Casillas Salas
INo: 0
Page 2
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ITEMS REMOVED FROM THE CONSENT CALENDAR
. 19-0297 RESOLUTION NO. 2019-093 OF THE CITY COUNCIL OF THE CITY OF
CSF ULA VISTA APPROVING AN AMENDMENT TO THE AGREEMENT
WITH THE ACCOUNTING G FIRM OF LANCE, SCALL AND LUNGHARD,
LLP TO PROVIDE AUDITING; SERVICES FOR FISCAL. YEAR 2919 AND
AUTHORIZ[NG THE CITY MANAGER TO EXECUTE F TH T IR
AMENDMENT
Councilmernber Diaz spoke in support of an additional audit on certain City practices. pity Manager
Halbert stated ,staff would work an an additional audit.
ACTION: A motion was made by Counc lme ber Ili az, seconded by Counc llmember
McCann, to adopt Resolution No. 2019-093, heading ng reed, text waived. The
motion carried by the following vete:
Yes: 5 - Diaz, Galvdez, McCann, (Padilla and Casiillas Salas
IN o: 0
■ r
i
PUBLIC HEARINGS
ofd •• of
Iola a
7, 1AITUM
City Attorney Googins provided information on the proceedings and recommended the Council disclose all
♦.rte communications regarding the item. Councilmembers reported the following ex ,
OH If . r iC,2 G ■
-Mayor Casillas Salas stated that she met with the following: Ian Gill of Silvergate Development, who gave
her an overview of the project, Gabriel Gutierrez, Chair, Planning Commission,- a second meeting with Ian
GN and N' and Cazares and Claire Wachowiak.
a petition in support of the project and a petition in opposition, as well as several emails, both in support
of and /po
City of Chula Vida
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-Councilmember McCann stated that he met with the following: Ian Gill of Silvergate Development; Dr.
Malone and Susan Wachowiak, a second meeting with Ian Gill and Thomas Edmunds. He reported that he
had spoken with many residents while attending the Chula Vista TedX event and a YMCA fundraiser, and
that he had visited the project site.
-Deputy Mayor Padilla stated he had met with Ian Gill of Silvergate Development, who presented an
updated brief on the proposed project status and indicated community support for the project included the
Chamber of Commerce, PSAR, SoiCal Rental Housing, and A/A San Diego. He also met with Norma
Cazares and Claire Wachowiak who expressed their concerns regarding pedestrian and vehicle safety due
to specific project impacts. He also had a brief conversation with John Moot who was in support of the
project.
-Councilmember Diaz reported that he had received three emails in support and nine in opposition to the
project. He met with Ian Gill and Thomas Edmunds of Silvergate Development on two occasions to receivd
an update on the project, and he met with Norma Cazares and Claire Wachowiak, who expressed concern
regarding safety surrounding, the project.
-Councilmember Galvez reported that she attended two public meetings with the City, Silvergate and
members of the community regarding the project. She stated she met with Ian Gill of Silvergate
Development, Genevieve Fong, and Thomas Edmunds. She also met with Suellen and David Biu,tler, who
inquired about a purchase agreement for the unnamed road owned by the City. She attended the March
Planning Commission meeting, and she had received written communications from members of the public
and had miscellaneous conversations with residents over the past year. She also met with City staff as a
private citizen to request moire information about the project.
City Clerk Bigelow reported having received a number of written communications, which had all been
tfistributed to the full Council and added to the record for the item.
Senior Planner Donn gave a presentation on the item and answered questions of the Cou,nca
Ian Gill, applicant, representing Silvergate Development, spoke in support of staffs recommendation and
provided a presentation on the item.
Thomas Edmunds, Silvergate Development Project Director, presented data generated by Chen Ryan
I
Associates, an independent, licensed traffic engineering firm hired to address parking, traffic, and safety
concerns.
Murali Pasumarthi, representing the County of San Diego, spoke regarding the impacts to the County
roads.
The following members of the public spoke in support of staffs recommendation.-
- Gabe Gutierrez, Chula Vista resident
- Karla DMoss, Chula Vista resident
- Carol Crossman, Chula Vista resident
- Joseph Raso, Chula Vista resident
- Gary Christensen, San Diego resident
- Adrian Sevilla, Chula Vista resident
- Doug Kerner, representing the property owner
- Hector Reyes, San Diego resident
- Danielle Collins, representing Point Bonita Apartments
City of Chula Vista
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- Scott Staples, Chula Vista resident
- Genevieve Fong, Chula Vista resident
- John Moot, Chula Vista resident
- Lisa Cohen, representing Chula Vista Chamber of Commerce
- David Flores, Chula Vista resident
- Alex Weidner, San Diego resident
- Oscar Gonzalez, Chula Vista resident
- Jennifer Bustamante, Chula Vista resident
- Hector Gastelum, Chula Vista resident
- John Alvarado, representing the Good Neighbor Project
The following members of the pub
recommendation, and did not wish to speak-
- Jeff Chine
- Tim Hunter
- Rarnza Ham, Chula Vista resident
- Richard Yumul, Chula Vista resident
- Tatiana Ambrosius, Chula Vista resident
- Joseph Mackin, Chula Vista resident
- Pete Weickert, San Diego Resident
submitted written documentation in support of staffs
The following members of the public spoke in opposition to staffs recommendation:
- Dianna Davis, Chula Vista resident
- John Salts, Chula Vista resident, and he also spoke on behalf of Brad
Ellen Olson, and Rick Soto
- Laurie Murphy, Chula Vista resident
- John Lyon, Chula Vista resident, and submitted written documentation
- Chris Baker, Chula Vista resident
- Mark Ramsay, Chula Vista resident
- Susan Wachowia,k, Chula Vista resident
- Dr. Judith Pidgeon, Chula Vista resident
- Doug Hicks, representing Southwest Regional Council of Carpenters
- Phillip Ferrera, Chula Vista resident
- John & Kay Duge, Chula Vista residents
- Dan McMahon, Chula Vista resident
- Stephanie Gonzalez Kenyan, Chula Vista resident
- David Butler, who also spoke on behalf of Suellen Butler, Chula Vista residents
- Joanne Springer, Chula Vista resident
- Kevin Malone, Chula Vista resident
- Christine Malone, Chula Vista resident
- Norma Cazares, also spoke on behalf of Roger Cazares and Bobbi Harrison
- Claire Wachowiak, who also spoke on behalf of Daniel Wachowiak, Chula
a presentation
- Roland Cota, Chula Vista resident
- Evelyn Sevel, Chula Vista resident
- Theresa Acerro, Chula Vista resident
- Maurice Wrighten, Chula Vista resident
- Gary Smith, Chula Vista resident
Franklin, Tess Franklin, Sue
The following members of the public submitted written documentation in opposition to staff's
recommendation and did not wish to speak:
- Steven Olsen, Chula Vista resident
- Scott Olsen, Chula Vista resident
City of Chula Vista
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City Council Meeting Minutes - IDraft June 4, 2019
James. a resident
- Adriana Baker, Chula Vista resident
Paulina Vazquez,Chula Vista resident
- Gloria Ramsey, Chula Vista resident
Chula Vista resident
David► Chula Vista resident
► - Fischer, Chula Vista resident
A , d. resident
- Lorena Monzon,resident
Karina , , ,,
Audrey, Chula Vista resident
a Vista resident
Harvey Warren, Chula Vista resident, submitted written documentation in opposition to stafrs
recommendation, and was not present when called.
Ian Gill, representing Silvergate Development, and Tim Hutter, representing Allen l atkins, provided a
rebuttal argument.
There being no further members of the public who wished to speak, Mayor Casillas Salas closed the
public hearing.
11 4P a �jlr
ACTION: A motion was made by C+ouncilmember McCann, seconded by Deputy (Mayor
Padilla, to adapt IRes+olutivn No. 201 g -0g5, heading read, text waived.'The motion
carried by the following vote:
Yes: 4 - Diaz, McCann, Padilla and Casillas Sallas
INo: 1 - Galvez
Abstain:
ACTION: A motion was made by Councilmember McCann, seconded by Mayor Casillas
Salas, to direct staff to work with the County to evaluate a one-way read or
cul-de-sac in the project area. The motion carried by the following vote:
Yes: 5 - Diaz, Ualvez, McCann, (Padilla and Casillas Salas
No: 0
Abstain: 0
Mayor Casillas Salas recessed the meeting at 10. 5 p.m. The Council reconvened at 10.-26 p.m.., with all
members present.
1. 19-0249 A. RESOLUTION NO. 2019-096 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ADOPTING THE OPERATING AND CAPITAL.
IMPROVEMENT BUDGETS FOR THE CITY OF' CH LA VISTA FOR
FISCAL YEAR 2019120 AND APPROPRIATING FUNDS FOR THE
FISCAL YEAR ENDING JUNE 3,05 2,020 EXCLUDING OPEN SPACE
DISTRICTS: 1, 91, 105 20 ZONE Vit"`, FASTLAKE MAINTENANCE DISTRICT
1 ZONE C, COMMUNITY FACILITY DISTRICT 07M EASTL.AKE WOODS
VISTA, AND CAPITAL IMPROVEMENT PROJECTS T F0407 AND
STL043 .
City of Chula vista Page 6
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City of Chula Vista
B. RESOLUTION NO.: 2019-097 OF !►
OF CHULA VISTA ADOPTING THE OPERATING BUDGETFOR OPEN
ENDINGSPACE DISTRICT' 1 AND THE CAPITAL IMPROVEMENT BUDGETS
FOR CIP PROJECTS TRF0407 AND STL0436 FOR FISCAL YEAR
2019/20 AND APPROPRIATING FUNDS FOR THE, FISCAL YEAR
RESOLUTIONC. i 2019-09OF THE CITY
OF CHULA VISTA ADOPTING, THE OPERATING BUDGET
SPACE DISTRICT 20 ZONE 7 FOR FISCAL YEAR 2019/20 AND
APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30,
2020
D. RESOLUTION NO.: 2019-099 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ADOPTING THE OPERATING BUDGET FOR OPEN
SPACE DISTRICT 9 AND OPEN SPACE DISTRICT 10 FOR FISCAL
YEAR 2019/20 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR
ENDING JUNE 0
12020
E. RESOLUTION
OF CHULA VISTA ADOPTING THE OPERATING
EASTLAKE MAINTENANCE DISTRICT' 1 ZONE C. FOR
2019/20 AND APPROPRIATING FUNDS FOR THE
ENDING JUNE 30,2020
F. RES
0 4 .®
L VISTA ADOPTING
FISCALCOMMUNITY FACILITY DISTRICT
FOR FISCAL YEAR 2019/20 AND
YEAR
ENDING JUNE 301202*1
BUDGETOF THE CITY
BUDGET FOR
FISCAL YEAR
FISCAL YEAR
THE OPERATING
EASTLAKE O i VISTA
APPROPRIATING
FUNDS OR THE
G. RESOLUTION
2019-003 OF THE HOUSING AUTHORITY OF THE
CITY OF CHULA LADOPTING THE OPERATING
AUTHORITYTHE HOUSING YEAR 2019/20 AND
APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30,
2020
H. RESOLUTION NO.
2019-001
'! O
THE REDEVELOPMENT
w■M AGENCY OF THE CITY OF 1 VISTA
AD10PTING OPERATING
rr ■rA BUDGETS ■r THE SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY FOR FISCAL YEAR
2019/20 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR
ENDING JUNE 30,2020
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RESOLUTION1. 2019-102 OF THE, CITY COUNCIL OF THE CITY
*F CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2019/2LN
COMPENSATION SCHEDULE•
3 AS
REQU�IRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2,
SECTION 570.5
J. RESOLUTION + 1 OF
OF CHULA VISTA AMENDING D
CLASSIFICATION PLAN TO REFLECT THE ADDITIONVARIOUS
POSITION TITLES AND CHANGES IN SALARY AS REFLECTED IN THE
FISCAL YEAR 2019/20 OPERATING BUDGET
K. ORDINANCE OF THE CITY OF A VISTA AMENDING CHULA
VISTA MUNICIPAL: CODE + 21.0 5.010
FINANCEUNCLASSIFIED POSITION OF A A AND DELETE THE
REQUIRED)FINANCE AND PURCHASING MANAGER (FIRST READING) (4/5 VOTE
!'Totice of the hearing was given in accordance, with legal requirements, and the hearing was held on the.
,#!,ate and no earlier than the time specifiedin the notice.
City Attorney Googins announced that the following Councilmembers would abstain from voting on the,
items indicated due to potential property -related conflicts of interest- Councilmember McCann on Items
9B, 9C & 9F; Deputy Mayor Padilla on Items 9E & 9F, and Mayor Casillas Salas on Items 9C & 9iD.
*AM- EZLq63L=
The following members of the public spoke to support of staffs recommendation:
- Vivian Dunbar, San Diego resident
- Brenda Arnold, Chula Vista resident
- hector C'astelum, Chula 'Vista resident
- Jim Scofield, Chula Vista resident
- T.E. Caballero, Chula Vista resident
Ruben Torres, representing Loge Thy Neighbor Movement
- bait Carney, representing San Diego Ballet
Joshua Alcala, Chula Vista resident
Kathy Cappos hardy, Chula Vista resident
- Margaret Baker, representing South Bay People Power
- Emiliana Sparaco, representing SEW Local 221
- Lynne ,Jennings, Chula Vista resident
- Damon J. Shearer, representing The 01dGlobe
- Kaitlyn Korogy, representing San Diego Youth Symphony
- Lauren Shelton, Visual Performing Arts Coordinator for the Chula Vista City School District
- Anna E. Siquerros, representing the Siquerros Foundation for the Arts
- Lynnette Tess tore, representing Mid-Managers/Professional Professional Association
- Alan Ziter, representing San Diego Regional Arts +& Culture Coalition
- Dalouge Smith* Coronado resident
- Barbara Zaragoza, Chula Vista resident
- Tina Medina, Chula Vista resident
- Terrie Eichholz, Chula Vista resident
- Cynthia Fernandez, Chula Vista resident
City of Chula Vida
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- Sandy Scheller, Chula Vista resident
- William Taylor Ward, Chula Vista resident
- Tommy Ramirez, representing MAAC Community Charter School
- JoAnn Fields, Chula Vista resident
- Noemi Sicard, representing Chula Vista Art Guild
The following members of the public submitted written
recommendation but were not present when called to speak:
- Elizabeth Cuestas, Chula Vista resident
- John Acosta, Chula Vista resident
- Catherine Corral, representing TranscenDANCE Youth Arts Project
- Dahlia Suiter, Chula Vista resident
- Yumi Richards, Chula Vista resident
- Anjanette Ramey, San Diego resident
-Theresa Acerro, Chula Vista resident.
- Alexandra, Jacobo-Mares, Chula Vista resident
- Jeff over
- Connie Mack, Chula Vista resident
- Chelsea Muniz and Angelisia Alatorre, representing La Chula Crew
- Trisha Gooch, representing, San Diego Dance Theatre
- Michelle Guerrero, Chula Vista resident
- Jonathon Glus, San Diego resident
- Polly Toledo, representing SDRACC
- David Flores, Chula Vista resident
#.focumentation in support of staffs
The following members of the public submitted written documentation in support of staffs
recommendation and did not wish to speak:
- Ricardo Oviedo, representing Love Thy Neighbor
- Eva Perez, Chula Vista resident
- Giselle Qu,iniu,, Chula Vista resident
- Jacob Babauta
- Araceli filla, representing Love Thy 11eighboT
- Llewellyn Crain, San Diego resident
- Robert Boyd, Chula Vista resident
Lopez, Chula Vista resident
- Sherrie Brown, representing Arts for Learning
- Matt Lowery, Chula Vista resident
- Jana Holsenback, representing Museum of Contemporary Arts San Diego
- Adrienne Valencia, representing Arts for Leaming
I
- Paulina Vazquez, Chula Vista resident
- Andres Contreras
- Angelisia Alatorre, representing La Chula Crew
- Francisco Lemus, San Diego resident
- Daryl Atkinson, Bonita resident
- Brittany Whittaker, representing La Chula Crew
- Jacquelyn Alvarez, representing La Chula Crew
- Carlos Gistiani, San Diego resident
- Ricky Caro Riau, Jr., San Diego resident
- Richard Roy, Chula Vista resident
City of Chula Vista
2020-01-07 Agenda Packet,
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There being no further members of the public who wished to speak, Mayor Casillas Salas closed the
public hearing.
ACTION: A motion was made by Councilmember McCann, seconded by Mayor Casillas
Salas, to adopt Resolution Nos. 2019-096 (item 9A), 2019-102 through 2019-103
(items 91 through 9J), Housing Authority Resolution No. 2019-003(Item 9G),,I and
Successor Agency Resolution No. 20191-001 (Item 9H), and to place the above
ordinance (item 9K) on first reading. The headings were read, text waived. The
motion carried Iby the following vote:
Yes: 4 - Diaz, McCann, Padilla and Casillas Salas
No: 1 - Galvez
Abstain: 0
1111111 � 11111, 1111111, '111111, 11 111, 11 1 1 1 1 � I
Oil! liilpj�@: ! 11 A 1 11! !1111 11
I All
NOW
ACTION: A motion was made by Mayor Casillas Salas, seconded by Deputy Mayor Padilla,
to adopt Resolution No. 2019-097(ltem 913), heading read, text waived. The
motion carried by the following vote:
Yes: 4 - Diaz, Galvez, Padilla and Casillas Salas
No: 0
Abstain-. 1 - McCann
;II ppq�i��p sr� Ii I I I i�� 111pill r 0
I 1111111111111I !lZill! R 070 LTD]
ACTION: A motion was made by Councillmember Galvez, seconded by Councillmember
Diaz, to adopt Resolution No. 2019«-098 (Item 9C), heading read, text waived. The
motion carried by the following vote:
Yes: 3 - Diaz, Galvez, and Padilla
IN o: 0
Abstain: 2 - McCann and Casillas Salas
ACTION: A motion was made by Councilmember McCann, seconded by Councilmember
Diaz, to adopt Resolution No. 2019-099 (item 9D), heading read, text waived. The
motion carried by the following vote:
Yes: 4 - Diaz, Galvez, McCann and Padilla
IN o: 0
Abstain: 1 - Casillas Salas
Mayor Casillas Salas returned to the dais. Deputy Mayor Padilla Deft the dais during voting on Items 9E
and 9F
ACTION: A motion was made by Councillmember McCann, seconded by Mayor Casillas
Salas, i to adopt Resolution No. 2019-100 (Item 9E), heading read, text waived. The
motion carried by the following vote:
Yes: 4 - Diaz, Galvez, McCann and Casillas Salas
No: 0
Abstain: 1 - Padilla
City of Chula Vista
2020-01-07 Agenda Packet, Page 15 of 179
City Council Meeting Minutes - Draft June 4, 2019
11 1 111 1 11 " 02
WWI
Mt F101W
ACTION: A motion was made by Mayor Casillas Salas, seconded Iby Councilrnember
Galvez, to adopt Resolution No. 2019-101 (item 9F), heading read, text waived.
The motion carried by the following vote:
Yes: 3 - Diaz, Galvez, and Casillas Salas
IN o: 0
Abstain: 2 - McCann and Padilla
ppi� I'lig I I I I 1 1111 FINE 1 11 �111 1111 1 IF 1111 l�ilill III 1111�111
1 11 111 1 11 11 V01111 II 111 111 �, I 11111i WN&I 710=0154 M.11
Is] ki I I I XMR
10. 191-0208 A. QUARTERLY FINANCIAL REPORT FOR THE QUARTER ENDING
MARCH 31, 2019
B. RESOLUTION NO.: 2019-104 OF THE CITY COUNCIL OF THE CIT'
OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISC I
YEAR 2018/19 BU�DGET TO ADjUST FOR VARIANCES AN
APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)
Finance Director Bilby gave a presentation on the item,.
ACTION: A motion was made by Councilmember McCann, seconded by Councilmember
Diaz, to adopt Resolution No. 2019-104, heading read, text waived. The motion
carried by the following vote:
Yes: 5 - Diaz, Galvez, McCann, Padilla and Casillas Salas
No: 0
Abstain: 0
1 9i-0318 RATIFICATION OF APPOINTMENT OF DAVID LULIO TO THE BOAR
OF APPEALS AND ADVISORS
ACTION: A motion was made by Councilmember McCann, seconded by Deputy IMayor
Padilla, to ratify the above appointment. The motion carried by the following
vote:
Yes: 5 - Diaz, Galvez, McCann, Padilla and Casillas Salas
No-, 0
Abstain: 0
At the request of Maiyor Casillas Salas, there was consensus of Council to add an item to the followina;
meeting agenda to consider endorsing the Heart of Chula Vista Music Festival.
City of Chula Vista Page 11
2020-01-07 Agenda Packet,
W���
City Council Meeting Minutes - IDraft June 4, 2019
COUNCIL,MEMBERS" COMMENTS
At the request of Councilmember Diaz, there was consensus of the Council to direct staff to provide a
report of staffing levels by title and position.
UX9191tjSZB1#m
City of Chula Vista
111111111111! ilill! I ; 1� 11 1111 1 11 1 � ; I !1;�� rgjq " -me
STOP, "m I
Ucom
Kerry K. Bigelow, MMC, City Clerk
2020-01-07 Agenda Packet, Page 17 of 179
Tuesday, June 11, 2019
6
Meeting Minutes - Draft
5:00 RIM
Council Chambers
276 4th Avenue, (Building
Chula vista, CA 91910
SPECIAL MEETING OF THE HOUSING AUTHORITY
MEETING JOINTLY LY WITH THE CITY COUNCIL of THE CITY OF CHULA VISTA
A regular meeting of the City Council of the City of Chula Vista was called to order at 5-02 p.m. in the
Council Chambers', located in City Hall, 276 Fourth Avenue, Chula Vista, California.
Mayor Casillas Salas announced,pursuantVthatr and each
sCouncilmember receive
.. rr
for their attendance at the Housing Authority meeting, being held simultaneously with the Council meeting.
Present: Councllmember Diaz, Councilmember GalveZ, Councilmember McCann, Deputy Mayor
Padilla and Mayor CaSillas Salas
Also Present.- City Manager Halbert, City Attorney Googlns, City Clerk Bigelow, ,and Deputy City Clerk
Kansas
.. o r r r led
/' r Pledge
/...+g... ` Allegiance.
" ..' Mayor r ... r r called moment of
silence
in honor of the victims of the recent shooting in Virginia Beach.
A. 6 OATH OF OFFICE
David luli, Board of Appeals and Advisors
City Clerk Bigelow administered the oath of office to Commissioner luli, and Counicilmember McCann
presented «r certificate
appointment.
PRESENTATION1191-0312 OF Aw PROCLAMATION P
A"R
JUNE 19, 201 9i AS REY MYSTERIO DAY IN THE CITY OF'CHULA VISTA I
r r 11 r�1111RI111111 11 11111 1 2! 1 1 11, 1 r av r ar� 1!I111111:1p, r r r r r r
ORDINANCE1. .1191-0325 4
MUNICIPALCHULA VISTA i
UNCLASSIFIED MANAGER
FINANCE AND PURCHASING MANAGER (SECOND READING AN
ADOPTION) (4/5 VOTE RE! i
City of Chula Vista
Recommended Action: Council adopt the ordinance.
Page 9
2020-01-07 Agenda Packet, gage 18 of 179
City Council Meeting Minutes - IDraft ,dune 11, 2019
Item 2 was removed from the Consent Calendar.
3. 1 �-0232 RESOLUTION NO. 2019-106 F THE CITY COUNCIL OF THE CITY OF
CHU!LA VISTA ESTABLISHING THE G A N N INITIATIVE
APPROPRIATIONS LIMIT FOR THE CITY OF CHULA VISTA FOR
FISCAL YEAR 2019/20
Recommended Action: Council adopt the resolution.
Recommended Action: Council adopt the resolution.
ACTION: A motion was made by Councilmember McCann, seconded) by Counclilmember
Diaz, to approve staffs recommendations on the above Consent Calendar items,
headlings read, text waived. The motion carried by the followings vote:
Yes: 5 - Diaz, Galvez, McCann, Padilla and Casillas Salas
No: 0
M
191-0314 RESOLUTION i2019-105 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING CONSTRUCTIONOF
CENTER LIBRARY OUTDOOR ,, +lirGGV02144),
AMENDING THE FISCAL: YEAR 2018i/19CIP PROGRAM BUDGET, AND
APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)
City of Chula Vista
Page 2
2020-01-07 Agenda Packet, gage 19 of 179
City Council Meeting Minutes - IDraft June 11, 2019
ACTION: A motion was made by G+auncillm+emlber Galvez, seconded by Gvuncillmemlber
McGann, to adapt Resolution No. 2019-105, heading read, Next waived. The
motion carried by the following vote:
Yes: 5 - Diaz, Galvez, McCann, (Padilla and Gasillas Salas
INo: 0
Abstain:
Judi Strang expressed concern regarding commercial marijuana activities and submitted written
communications.
Jim Scofield, Chula Vista resident, spoke regarding a presentation on Community Choice Energy held at
the Living Coast Discovery Center.
11�piq�i 111 IF 1111111111111111=
PUB��LIG HEARINGS
191-0259 A. RESOLUTION NO. 2019-108 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA LEVYING THE ASSESSMENTS ANN,
COLLECTIBLES FOR THE FISCAL YEAR 2019/20 FOR OPEN SPACE
DISTRICTS 2 THROUGH 8, 11 1 47 1511 17)187 1 (ZONES 1 THROUGH +r
81 AND 9) 23, 24, 2�6, 31, 33, EASTLAKE MAINTENANCE DISTRICT' NO
(ZONES A AND AND •
DISTRICT
City of Chula Vista
B. RESOLUTION NO. 20 9-109 OF THE CITY COUNCIL OF
#F CHULA VISTA LEVYING THE ASSESSMENTS ANN,
COLLECTIBLES FOR THE FISCAL YEAR 2019/20 FOR OPEN SPACE
DISTRICTS 9, 10 AND TOWN CENTRE MAINTENANCE DISTRICT
C. RESOLUTION NO.: 2019-110
#F CHULA VISTA LEVYING THE ASSESSMENTS ANI
COLLECTIBLES FOR THE FISCAL YEAR 2019/20 FOR OPEN SPACE
DISTRICT 20 (ZONE 7)
D. 2019-111 i OF THE CITY
ASSESSMENTS*F CHULA VISTA LEVYING THE
COLLECTIBLES FOR THE FISCAL YEAR 2019/20 FOR OPEN SPACE
DISTRICT 1
Page 3
2020-01-07 Agenda Packet, gage 20 of 179
City Council Meeting Minutes - IDraft June 11, 2019
E. RESOLUTION NO.: 2019-112 OF THE, CITY COUNCIL OF THE CITY
* F CHULA VISTA LEVYING THE ASSESSMENTS ANN,
COLLECTIBLES FOR THE FISCAL YEAR 2019/20 FOR EASTLAKE
MAINTENANCE DISTRICT NO. 1 (ZONE C)
!11,'otice of the hearin was given in accordance with legal requirements, and the hearing was held on tht.
9
#!ate and no earlier than the time specified in the notice.
Ajayor Casillas Salas announced that the following Councilmembers would abstain from voting on the
items indicated due to potential property -related conflicts of interest.- Mayor Casillas Salas on Items 5B
and 5C.- Councilmembeir McCann on Items 5C and 5D,- and Deputy Mayor Padilla on Item 5E.
1
1�! I 111 11 11 ROPER I 1 11111 ly I I 1 11 � 111111
do «11
There being no members of the public who wished to speak, Mayor Casillas Salas closed the public
hearing.
City of Chula Vista
ACTION: A motion was made by Councilmember McCann, seconded by Deputy IlMayor
Padilla, to adopt Resolution No. 2019-108 (item 5A), heading read, text waived.
The motion carried by the following vote:
Yes: 5 - Diaz, Galvez, McCann, Padilla and Casiillas Salas
IN o: 0
Abstain: 0
",I'll 11,1111 1 1 1111 IIIIN
BE �1 Mog
ACTION: A motion was made by Councilmember McCann, seconded by Councilmember
Diaz, to adopt Resolution No. 2019-109 (item 513), heading read, text waived. The
motion carried by the following vote:
Yes: 4 - Diaz, Galvez, McCann and Padilla
No: 0
Abstain: 1 - Casillas Salas
I I
1111111111111 111 1 UNION!
ACTION: A motion was made by Councilmember Diaz, seconded by Councilmember
Galvez, to adopt Resolution No. 2019-110 (Item 5C) heading read, text waived.
The motion carried by the following vote:
Yes: 3 - Diaz, Galvez and Padilla
No: 0
Abstain: 2 - McCann and Casillas Salas
ACTION: A motion was made by Deputy Mayor Padilla, seconded by Councilmember
Galvez, to adopt Resolution No. 2019-111 (item 5D), heading read, text waived.
The motion carried by the following vote:
Yes: 4 - Diaz, Galvez, Padilla and Casillas Salas
No: 0
Abstain: 1 - McCann
p� I I 1111� I I111111 I I I 11�11� I
I 111 1 11 111 � '111 ii !I I i lII I W-10MA
Page 4
2020-01-07 Agenda Packet, Page 21 of 179
City Council Meeting Minutes - IDraft June 11, 2019
ACTION: A motion was made by Gouncillmemlber Galvez, seconded by Gouncillmemlber
McGann, to adopt Resolution No. 20119-112 (Item SIE), heading read, text waived.
'The motion carried by the following vote:
Yes: 4 - Diaz, Galvez, McCann and Gaslillas Salas
IN o: 0
Abstain: 1 - Padilla
1 11
q� a
A, ♦ r
.0a�
+
.�
ACTION: A motion was made by Gounclmember McCann, seconded by Gouncllimember
Diaz, to adopt Housing Authority Resolution No. 2019-0014, heading read, text
waived. The motion carried by the following vote:
Yes: 5 - Diaz, Galvez, McCann, (Padilla and Gasillas Salas
No: 0
Abstain: 0
iv, F.AV1191z ► :4 V
191-0330 CONSIDERATION OF CITY ENDORSEMENT OF THE "HeART OF TH-2
CITY MUSIC FESTIVAL AT 'THE NORTH A ■ CREDIT
■ ■ ■ r.
City of Chula Vista Page
2020-01-07 Agenda Packet, gage 22 of 179
City Council Meeting Minutes - IDraft June 11, 2019
ACTION: A motion was made Iby Councilmember Galvez, seconded by Councilmember
McCann, to endorse the music festival. The motion carried by the following vote:
Yes: 5 - Diaz, Galvez, McCann, (Padilla and Casillas Salas
N o: 0
Abstain: 0
[Kayor Casillas Salas congratulated Trevor m?,Tiuraoka for receiving an Eagle Scout award. She, reported on
the following events- the South Bay Tech Summit held at Hilltop High School, the Chula Vista Leaming
Community Charter School Ted Talks, Food Channel filming of the Corazon de Torta food truck on 3rd
Avenue, opening of a leash -free dog park, presentation of a check from State Treasurer Fiona Ma to the
Chula Vista Elementary School District, a press conference with South, Bay mayors regarding sewage
issues., and a Chula Vista's Got Talent event at the Pride Martial Arts Studio.
Deputy Mayor Padilla stated he had attended a transportation forum that was sponsored by the South
County Economic Development Council.
Councilmember McCann stated he had attended promotion and graduation ceremonies at Chula Vista
schools.
1,
6,93 k yff.11" Ice] N Ll W&I 6:14091 A
Ul"D 161116q, N �T� 1:4 Ll I I
Mayor Casillas Salas paid tribute to former Mayor Robert "Bob" McAllister. She adjourned the meeting in
his honor at 5*52 p.m.
City of Chula Vista
Page 6
Kerry K. gelow, UMC, City Clerk
2020-01-07 Agenda Packet, Page 23 of 179
January 7, 2 0 2 0
ITY COUNCI
UPON AL
STATLMENI
CITY 01F
CH�ULA VISTA
File I D:
19-0577
TITLE
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010
TO ADD THE UNCLASSIFIED POSITION OF SMART TECHNOLOGY OFFICER (SECOND READING AND
ADOPTION) (4/5 VOTE REQUIRED)
RECOMMENDED ACTION
Council adopt the ordinance.
SUMMARY
In an effort to address the needs of various departments and the City's workforce, the Human Resources
Department, in conjunction with the affected departments, is proposing the addition and deletion of certain
position titles and salary range changes in accordance with the State's minimum wage for various
unclassified hourly positions.
Staff is also recommending approval of:the revised Fiscal Year 2019-2Oi2Oi Compensation effective December
20, 2019 and to reflect the proposed position and salary range changes as noted in the previous paragraph.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the California
Environmental Quality Act (CEQA) and has determined that the activity is not a "Project P1 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 requi i red.
BOARD/COMMISSION/COMMITTEE RECOMMENDATIO
Not applicab:le. I
DISCUSSION
1. Cla,ssification Plan Changes
Civil Service Rule 1.02 (A), which applies to the City's classified positions, provides for necessary reviews and
changes so that the City's classification plan is kept current, and that changes in existing classes, the
establishment of new classes, or the abolition of classes are properly reflected in the classification plan.
P zi g e 1 1
2020-01-07 Agenda Packet, Page 24 of 179
In an effort to address the needs of various departments and the City's workforce, the Human Resources
Department, in conjunction with the affected departments, is proposing the certain position changes. The
following identifies the department, affected positions and proposed changes.
Department
Position Title
FTE
Various
Management Analyst
-6.00
Management Analyst 11
6.00
Total City -Wide Position Changes (Net Increase/ Decrease
0.00
Summary of New Classifications
Position Title
Bargaining Group
E Step
Management Analyst I
ACE
$2,938.81/13i -Weekly
Management Analyst 11
ACE / CON
$ 31232. 8/13i -Weekly
Smart Technology Officer
SM
$419 5 9.9 2/13i -Weekly
Recreation Leader
UCHR
$16.01/Hour
Staff is also recommending elimination of the Management Analyst, Recreation Leader I and Recreation
Leader 11 position titles (to be re -titled to Management Analyst 11 and Recreation Leader, respectively and as
noted above),.
2020-01-07 Agenda Packet, Page 25 of 179
Hourly Rate
Position. Title
PCN
Bargaining Group
A Step
B Step
C Step
D Step
E Step
Animal Care Aide
5316
Unclassified Hourly
$13.20,
$13-90
Clerical Aide
01241
Unclassified Hourly
$13-00
Library Aide
7181
Unclassified Hourly
$13-00
Police Support Services Aide
5207
Unclassified Hourly
$13-63
2020-01-07 Agenda Packet, Page 25 of 179
Recreation Aide 7605 Unclassified Hourly "'13-00
Recreation Leader 7607 Unclassified Hourly $13.17 $13-83 $14.52 $15.25 $16-01
Seasonal Assistant 0231 Unclassified Hourly $13.00
3. Compen,saon Schedule Requirement
California Code of Regulations, Title 2, Section 570.5 requires that, for purposes of determining a retiring-
empiloyeie's pension allowance, the pay rate be limited to the amount listed on a pay schedule that meets
certain requirements and be approved by the governing body in accordance with the requirements of the
applicable pub:lic meeting laws. The revised Fiscal Year 2019-2Oi2Oi Compensation Schedule ("Compensation
Schedule") was last approved by the City Council at their meetinoe
f Octobr 15, 2,019. This item ensure
gs
continued c:omplian ce with California C ode of Regulati ons, Title 2, Section 5 7 0.5, by ensuring the City has an
up-to-date, publicly approved Compensation Schedule.
4. Resoluti'ons
Approval of Resolution A will approve the addition and deletion of: various position titles and amend the
authorized position count in the various Departments with no net increase in authorized staffing.
Approval of B will approve the revised Compensation Scheiiule effective December 20, 2019, to reflect the:
(1) addition of the Management Analyst 1, Management Analyst 11, Recreation Leader, and Smart Technology
Officer position titles; (2) the deletion of the Management Analyst, Recreation Leader I and Recreation Leader
11 position titles- and (3) salary range adjustments for the Animal Care Aide, Clerical Aide, Library Aide,
y
Police Support Services Aide, Recreation Aide, and Seasonal Assistant position titles.
41MENEY MIRMff, q
Lastly, Chula Vista Municipal Code Section 2.05.010 requires updating to reflect the poson changes
impacting the unclassified positions. Chula Vista City Charter Section 500(a) requires that all unclassified
positions not mentioned specifically in Charter Section 500(a) be adopted by ordinance. Adoption of the
I
Ordinance will add the posiition title of Smart Technology Officer to Municipal Code section 2.05-0110.
DECISION -MAKER CONFLICT
Staff has determined that the action contemplated by this item 'is ministerial, secretarial, manual, or clerical
in nature and, as such, does not require the City Council members to make or participate 'in making a
governmental decision, pursuant to California Code M, T'itle 2, section 18702.4(a). Consequently,
this item does not present a conflict under the Political Reform Act (Cal. Gov't Code § 87100, et seq,.),. Staff is
not independently aware, and has not been informed by any City Council member, of any other fact that may
constitute a basis for a decision maker conflict of interest in this matter.
CURRENT FISC�AL IMPAC'T
The changes required as part of the State's new minimum wage law are estimated to total a net cost of
approximately $66,047 and will not have a net impact on the General Fund. Affected departments will absorb
the cost increase within existing budgg
eted hourly waes. If necessary, staff will request additional
2020-01-07 Agenda Packet, Page 26 of 179
appropriations as part of the Quarterly Financial Report. There are no other fiscal impacts associated with
this item.
ONGOING FISCAlAMPACT
The ongoing costs associated with these proposed changes are estimated at approximately $132,09i5
annually. The overall cost will increase along with future cost of living adjustments and benefit changes. Thsa
costs will be incorporated into the baseline salary budets of the respective departments in future fisca
gl
vears.
ATTACHMEN'TS
1. Revised Fiscal Year 2019-20,20, Compensation Schedule Effective December 20,2019
2020-01-07 Agenda Packet,
P zi g e 14
W���
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
A I VV Effective December 20, 2019
POSITION TiTLE
BI -WEEKLY MTV
�ACCOiUNTANT
ACCOIU�NTANT
�ACCOiUNTANT
ACCOIU�NTANT
�ACCOUNTANT
L1111
ACCOUNTING ASSiT
�ACCOUNTING ASST
ACCOUNTING ASSiT
�ACCOUNTING ASST
ACCOUNTING ASSiT
�ACCOUNTING TECH
ACCOUNTING TECH
�ACCOUNTING TECH
ACCOUNTING TECH
�ACCOUNTING TECH
ACCOUNTING TECH
�ACCOUNTING TECH
IF
ACCOUNTING TECH
�ACCOUNTING TECH
ACCOUNTING TECH
�ACCTG TECH 11 (T)
ACCTG TECH 11 (T)
�ACCTG TECH 11 (T)
ACCTG TECH 11 (T)
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All position titles designated as Executive (""EXEC") or Senior Management ("SM") have salary bands with a minimum ("'Step A") and
maximum ("'Step E") salary; salary appointments and subsequent adjustments within the approved salary range may be made by the
position's appointing authority.
Approved and Adopted:
RAW&&WoAgenda Packet * Bi -weekly rate shown is based on an 80 -hour per pay period, with exception of sworn Fire positions with an A DaedMiWRn.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
CHULAVISIA
Effective December 20, 2019IMP
POSITION TITLE
BI -WEEKLY RATE*
Ems
ill ip
ADMIN SEC-MYR
!111 1111q�
ADMIN SEC-MYR
ADMIN SEC-MYR
�ADMIN SVCS MGR
X00
ADMIN SVCS MGR
�ADMIN SVCS MGR
•D
�ADMIN SVCS MGR
X00
�ANIMILANNN CN
�ANIMILANNN CN
�ANIML CR AIDE
ANIML CR AIDE
�ANIML CR AIDE
ANIML CR AIDE
�ANIML CR AIDE
ANIML CR FC ADM
X00
�ANIML CR FC ADM
X00
ANIML
X00
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ANIML CR FC ADM
X00�ANIML
CR SPECANIML
CR SPEC�ANIML
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CR SPEC
Approved and Adopted:
Re;W&&WOAgenda Packet BN -weekly rate shown is based on an 80 hour per pay period, With exception of sworn Fire positrons with an A iW R n.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
AI VV Effective December 20, 2019
POiSITI ON TITLE
BI -WEEKLY RATE*
ANIML CR SPEC
ANIML CR SPEC
�ANIML CR SPEC
IIIIIIIII
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ANIML CR SPEC
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111 11 NIL,
ANIML CR SUPV
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ANIML CT OFF
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ANIML CT OFF
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ANIML CT OFF
�ANIML CTL OF SP
ANIML CTL OF SP
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ANIML SVCS SPEC
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�APPL SUPP MGR
APPL SiUPP MGR
�APPL SUPP MGR
APPL SiUPP MGR
�APPL SUPP MGR
APPL SiUPP SPEC
�APPL SUPP SPEC
APPL SiUPP SPEC
�APPL SUPP SPEC
APPL SiUPP SPEC
Approved and Adopted:
Re;W&&W0Agenda Packet * Bi -weekly rate shown is based on an 80 hour per pay period, with exception of sworn Fire positions with an A DgedAWRn.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
A I VV Effective December 20, 2019
POSIT11 ON TiTILE
1311 -WEEKLY RATE*
�AQUATIC SUP I
AQUATIC SUP I
�AQUATIC SUP I
AQUATIC SUP I
�AQUATIC SUP I
AQUATIC SUP 11
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AQUATIC SUP 11
�AQUATIC SUP 11
AQUATIC SUP 11
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�AQUATIC SUP III
AQUATIC SUP III
�AQUATIC SUP III
LID 0=18
�ASSOC ACCT 11 (T)
1110 =1941111
ASSOC ACCT 11 (T)
ASSOC ACCT 11 (T)
ASSOC ENGINEER
�ASSOC ENGINEER
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ASSOC ENGINEER
�ASSOC ENGINEER
ASSOC ENGINEER
�ASSOC LND SRVYR
ASSOC LND SRVYR
�ASSOC LND SRVYR
ASSOC LND SRVYR
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ASSOC PLANNER
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ASSOC PLANNER
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ASSOC PLN CK EN
�ASSOC PLN CK EN
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Approved and Adopted:
Re;W&&W0Agenda Packet * Bi -weekly rate shown is based on an 80 hour per pay period, with exception of sworn Fire positions with an A 1W n.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
CHULAVISIA
Effective December 20, 2019
POSIT11 ON TiTLE
BI -WEEKLY RATE*
�ASST CHF OF POL
Pill MAI 11
ASiSiT CHF OF •O
�ASST CHF OF POL
ASSiT CHF OF ••
�ASST CHF OF •O
X00
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X00
X001111!11
=10011
ASST CITY ATTY
X00
X00
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�ASST CITY CLERK
ASST CITY CLERK
�ASST CITY CLERK
X00
ASST CITY CLERK
�ASST CITY CLERK
ASST CITY MIGR
�ASST CITY MGR
ASST CITY MIGR
�ASST CITY MGR
ASiSiT CITY MGR
�ASST DIR OF DS
=4!111
�ASST DIR OF DS
Ord
�ASST DIR OF DS
ASSiT DIR OF ENG
�ASST DIR OF ENG
ASST DIR OF ENG
ASST DIR OF ENG
ASST DIR OF ENG
�ASST DR OF FINX00
ASST DIR OF
X00
...
OF
ASST DIR OF
�ASST DIR OF FIN
X00
OF R
X00
OF
OF
�ASST DIR OF HR
�
ASST DIR •
X00
�ASST DIR OF PW
''IIIR I! I
• DR • •
X00
, „
�ASST DR OF P
ASST DIR • P
X00
OF
X00
Approved and Adopted:
Re;W&&W0Agenda Packet BN -weekly rate shown is based on an 80 hour per pay period, With exception of sworn Fire positrons with an A 1W n.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
A I VV Effective December 20, 2019
POSIT11 ON Tfft�E
1311 -WEEKLY MTV
�ASST DIR OF RECX00
ASiSiT DIR OF RECX00
, „
�ASST DIR OF RECX00
, „
ASSiT DIR OF RECX00
, ..
�ASST DIR OF REC
ASST ENGINEER
�ASST ENGINEER
ASST ENGINEER
�ASST ENGINEER
ASST ENGINEER
�ASST LND SRVYR
ASST LND SRVYR
�ASST LND SRVYR
ASST LND SRVYR
�ASST LND SRVYR
ASST PLANNER
�ASST PLANNER
ASST PLANNER
HAI
�ASST PLANNER
ASST PLANNER
�ASST PLN CK ENG
ASST PL�N CK ENG
�ASST PLN CK ENG
ASiSiT PLN CK ENG
�ASST PLN CK ENG
AUTO FGRPT TECH
�AUTO FGRPT TECH
MI
AUTO FGRPT TECH
�AUTO FGRPT TECH
AUTO FGRPT TECH
�BENEFITS IVIGR
BENEFITS MGR
�BENEFITS IVIGR
BENEFITS MGR
�BENEFITS IVIGR
A�i M� Me
BGT & ANLYS IVIGR
X00
�BGT & ANL,YS IVIGR
BGT & ANLYS IVIGR
X00
�BGT & ANL,YS IVIGR
X00
, „
BGT & ANLYS IVIGR
X00
Approved and Adopted:
Re;W&&W0Agenda Packet * Bi -weekly rate shown is based on an 80 hour per pay period, with exception of sworn Fire positions with an A DgedPiWMn.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
A I VV Effective December 20, 2019
POSIT11 ON TITLE
1311 -WEEKLY RATE*
�BLDG INSP 11
BLDG INSP 11
�BiLDG INSP 11
BLDG INSP 11
�BiLDG INSP 11
BLDG INSiP III
�BiLDG INSP III
BLDG INSiP III
�BiLDG INSP III
BLDG INSiP III
�BLDG INSP IVIGR
BLDG INSiP IVIGR
�BLDG INSP IVIGR
BLDG INSiP IVIGR
�BL,DG INSP IVIGR
BLDG CIFF/CE MGR
�BL,DG OFF/CE IVIGR
BLDG CIFF/CE MGR
�BL,DG OFF/CE IVIGR
III
BLDG CIFF/CE MGR
�BL,DG PROJ IVIGR
BLDG PROJ IVIGR
�BLDG PROJ IVIGR
BLDG PROJ IVIGR
�BLDG PROJ IVIGR
II
I IF
BLDG SVCS SiUPV
�BLDG SVCS SUPV
BLDG SVCS SiUPV
�BiLDG SVCS SUPV
BLDG SVCS SiUPV
�BiUSINSS LIC REP
BUSINSS LIC KEP
�BiUSINSS LIC REP
Mll
BUSINSS LIC KEP
�BiUSINSS LIC REP
Approved and Adopted:
Re;W&&W0Agenda Packet * Bi -weekly rate shown is based on an 80 hour per pay period, with exception of sworn Fire positions with an A DgedMiWRi8n.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
CHULAVISIA
Effective December 20, 2019
POSIT11 ON TiTH
BI -WEEKLY MTV
CHIEF OF POLICE
�CHIEF OF POLICE
CHIEF OF POLICE
�CHIEF OF POLICE
CHIEF OF POLICE
�CHIEF OF STAFF
CHIEF OF STAFF
�CHIEF OF STAFF
CHIEF OF STAFF
�CHIEF OF STAFF
CHIEF SiUST OFFX00
�ICHIEF SUST •
CHIEF SiUST •
�ICHIEF SUST OFF
X00
CHIEF SiUST
OFF�ICITY
X00
ATTY (EL)
�CITY ATTY (EL)
CITY ATTY (EL)
CITY ATTY INV
CITY ATTY INV
CITY ATTY INV
CITY ATTY INV
CITY ATTY INV
CITY CLERK AN LT
�CITY CLERK ANLT
CITY CLERK AN LT
�CITY CLERK ANLT
CITY CLERK AN LT
Approved and Adopted:
Re;W&&W0Agenda Packet BN -weekly rate shown is based on an 80 hour per pay period, With exception of sworn Fire positrons with an A DgedgiWMn.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
CHULAVISIA
Effective December 20, 2019
Approved and Adopted:
Re;W&&W0Agenda Packet BN -weekly rate shown is based on an 80 hour per pay period, With exception of sworn Fire positrons with an A iW R n.
�CITY ENGINEER
CITY E�NGIN�EER
�CITY ENGINEER
CITY E�NGIN�EER
�CITY ENGINEER
CITY LIBRARIAN
�CITY LIBRARIAN
„
00
CITY LIBRARIAN
„
00�
�CITY LIBRARIAN
CITY LIBRARIAN
„
00�
�CITY MANAGER
CITY MANAGER
�CITY MANAGER
CITY MANAGER
�CITY MANAGER
CIVIL BKGRD INV
CIVIL BKGRD INV
CIVIL BKGRD INV
CIVIL BKGRD INV
ME:
CIVIL BKGRD INV
CIVIL POL INV
CIVIL POL INV
CIVIL POL INV
�CLERICAL AIDE
CLERICAL AIDE
�CLERI�CAL AIDE
CLERICAL AIDE
�CLERI�CAL AIDE
1!11111 11 Iiiiq�
CLT ARTS PM MGR
�CLT ARTS PM� MGR
CLT ARTS PM MGR
�CLT ARTS PM� MGR
CLT ARTS PM MGR
CODE ENF OFF I
CODE ENF OFF I
Approved and Adopted:
Re;W&&W0Agenda Packet BN -weekly rate shown is based on an 80 hour per pay period, With exception of sworn Fire positrons with an A iW R n.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
A I VV Effective December 20, 2019
POSIT11 ON Tfft�E
BI -WEEKLY MTV
�CODE ENF OFF 11
CODE ENF OFF 11
�CCiDE ENF OFF 11
CODE ENF OFF 11
�CCiDE ENF OFF 11
CODE ENF OFF 11
�CCiDE ENF OFF 11
CODE ENF OFF 11
�CCiDE ENF OFF 11
CODE ENF OFF 11
�CCiDE ENF TECH
CODE ENF TECH
�CCiDE ENF TECH
CODE ENF TECH
�CCiDE ENF TECH
COLLECTIGNS, SUP
�C61-LECTIONS, SUPAmo
COLLECTIGNS, SUPAmo
�C61-LECTIONS, SUPAmo
COLLECTIGNS, SUPAmo
�CCimMTY SERV OFF
COMMTY SERV OFF
�CCimMTY SERV OFF
COMMTY SERV OFF
�CCimMTY SERV OFF
CONSTIT SRV REP
�CCiNSTIT SRV REP
CONSTIT SRV REP
�CCiNSTIT SRV REP
CONSTIT SRV REP
�CCiNSVTN SPEC I
CONSVTN SPEC I
�CCiNSVTN SPEC I
CONSVTN SPEC I
�CCiNSVTN SPEC I
CONSVTN SPEC 11
�CCiNSVTN SPEC 11
III iliq liq
CONSVTN SPEC 11
�CONSVTN SPEC 11
CONSVTN SPEC 11
�CCiUNCILASST
COUNCIL ASSiT
�CCiUNCILASST
q 11111
COUNCIL ASSiT
�CCiUNCILASST
Approved and Adopted:
Re;W&&W0Agenda Packet * Bi -weekly rate shown is based on an 80 hour per pay period, with exception of sworn Fire positions with an A Daec0iWMn.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
A I VV Effective December 20, 2019
POSIT11 ON TlTH
131 -WEEKLY RATV
�COUNCILPERSON
Pill IIIIIII
III=
COUNCILPERSON
�C6UNCILPERSON
COUNCILPERSON
�COUNCILPERSON
CRIME LAB MGRAmo
�CRIME LAB MGRAmo
. „
CRIME LAB MGR�mo�
�CRIME LAB MGR
CRIME LAB MGRAmo
�CUSTODIAL SPVR
CUSTODIAL SiPVR
�CUSTODIAL SPVR
CUSTODIAL SiPVR
�CUSTODIAL SPVR
DELIVERY DRIVER
�DELIVERY DRIVER
DELIVERY DRIVER
�DELIVERY DRIVER
II!11111q� �I
DELIVERY DRIVER
�DEP CTY ATY I
DEP CTY ATY I
�DEP CTY ATY I
DEP CTY ATY I
�DEP CTY ATY I
DEP CTY ATY 11
DEP CTY ATY 11
DEP CTY ATY 11
DEP CTY ATY 11
DEP CTY ATY 11
Approved and Adopted:
Re;W&&W0Agenda Packet * Bi -weekly rate shown is based on an 80 hour per pay period, with exception of sworn Fire positions with an ADgec&W?i8n.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
A I VV Effective December 20, 2019
POSIT11 ON TiTLE
BI -WEEKLY RATE*
DEP CTY ATY III
DEP CTY ATY III
#P CTY ATY III
X00
DEP CTY ATY IIIX00
�DEP CTY ATY IIIX00
DEP CTY CILK I
�DEP CTY CILK I
DEP CTY CILK I
#P CTY CILK I
DEP CTY CILK I
#P CTY CILK 11
DEP CTY CLK 11
�DEP CTY CILK 11
DEF` CTY CLK 11
�DEP CTY CILK 11
�DEP FIRE CHIEFX00
DEP FIRE CHIEFX00
, „
#P FIRE CHIEFX00
, „
DEP FIRE CHIEFX00
, ,.
#P FIRE CHIEFX00Amo
11110 !!IIIIIJ 111111 III
DET FACILTY MGRAmo
�DET FACILTY M�GR
. „
DET FACILTY MGR
�DET FACILTY M�GR
DET FACILTY MGR
Amo
�DEV AUTO SPEC
DEV AUTO SPEC
�DEV AUTO SPEC
DEV AUTO SPEC
�DEV AUTO SPEC
DEV SiRV CTR MGR
�DEV SRV CTR MGR
Amo
DEV SiRV CTR MGR
#V SRV CTR MGR
DEV SiRV CTR MGR
Amo
DEV SRV TCH I
DEV SiRV TCH I
DEV SRV TCH I
DEV SiRV TCH I
DEV SRV TCH I
Approved and Adopted:
Re;W&&W0Agenda Packet * Bi -weekly rate shown is based on an 80 hour per pay period, with exception of sworn Fire positions with an A DgedAWRn.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
A I VV Effective December 20, 2019
POSIT11 ON TITLE
B11 -WEEKLY RATE*
DEV SRV TCH I
DEV SiRV TCH I
DEV SRV TCH I
DEV SiRV TCH I
DEV SRV TCH I
DEV SiRV TCH I I
DEV SRV TCH I I
DEV SiRV TCH I I
DEV SRV TCH I I
DEV SiRV TCH I I
DEV SRV TCH I I
DEV SiRV TCH I I
DEV SRV TCH I I
DEV SiRV TCH I I
DEV SRV TCH I I
DEV SiRV TCH III
#V SRV TCH III
DEV SiRV TCH III
#V SRV TCH III
DEV SiRV TCH III
DGTL FOR TCH I
DGTL FOR TCH I
DGTL FOR TCH I
111111 Pill �I
DGTL FOR TCH I
DGTL FOR TCH I
DGTL FOR TCH 11
DGTL FOR TCH I I
DGTL FOR TCH 11
DGTL FOR TCH I I
DGTL FOR TCH 11
�DIR OF COM SVCS
DIR OF COM SVCS
�DIR OF COM SVCS
DIR OF COM SVCS
�DIR OF COM SVCS
DIR OF DEV SVCS
�DIR OF DE,V SVCS
DIR OF DEV SVCS
�DIR OF DE,V SVCS
DIR OF DEV SVCS
�DIR OF ECON DEV
DIR OF ECGN DEV
�DIR OF ECON DEV
DIR OF ECON DEV
�DIR OF ECON DEV
Approved and Adopted:
Re;W&&W0Agenda Packet * Bi -weekly rate shown is based on an 80 hour per pay period, with exception of sworn Fire positions with an A D8eA19hI4R8n.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
CHULAVISIA
Effective December 20, 2019
Approved and Adopted:
Re;W&&W0Agenda Packet BN -weekly rate shown is based on an 80 hour per pay period, With exception of sworn Fire positrons with an Ah� n.
�DIR OF ENG/CE
�DIR OF ENG/CE
�DIR OF ENG/CE
DIR OF FINANCE
�DIR OF FINANCE
DIR OF FINANCE
�DIR OF FINANCE
DIR OF FINANCE
�DIR OF HR/RM
DIR OF HR/RM
�DIR OF HR/RM
DIR OF HR/RM
�DIR OF HR/RM
ECON DEV SPC I
ECON DEV SPC I
ECON DEV SPC I
ECON DEV SPC 11
ECON DEV SPC 11
101111
E�LEC TECH SU PV
ELEC TECH SU PV
E�LEC TECH SU PV
ELEC TECH SU PV
E�LEC TECH SU PV
Approved and Adopted:
Re;W&&W0Agenda Packet BN -weekly rate shown is based on an 80 hour per pay period, With exception of sworn Fire positrons with an Ah� n.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
A I VV Effective December 20, 2019
POSIT11 ON TiTLE
1311 -WEEKLY RATE*
�E�LEC/EQUIP INST
MA! I
ELEC/EQUIPi INST
�E�LEC/EQUIP INST
ELEC/EQUIPi INST
�E�LEC/EQUIP INST
ELECTRICIAN
�E�LECTRICIAN
ELECTRICIAN
�E�LECTRICIAN
ELECTRICIAN
�E�M�RG SVCS COORD
q i
W.,02A
EMRG SVCS COORD
�E�M�RG SVCS COORD
EMRG SVCS COORD
�E�M�RG SVCS COORD
EMS NURSE COORD
�EMS, NURSE COORD
EMS NURSE COORD
�EMS, NURSE COORD
EMS NURSE COORD
11 01
*NV SUST MGRAmoAmo
0,411! 1�� 111!1
ENV SiUST MGRAmo
- • „
�E�NV SUST MGR
- ., .,
ENV SiUST MGR
Amo
�E�NV SUST MGR
Amo
ENV SVCS MGR
Amo
ENV SVCS MG R
Amo
- •
ENV SVCS MGR
Amo
- ., .,
ENV SVCS MG R
Amo
ENV SVCS MGR
Amo
�E�QUIP MAINT MGR
EQUIP MAINT MGR
�E�QUIP MAINT MGRAmo
EQUIP MAINT MGRAmo
�E�QUIP MAINT MGRAmo
Approved and Adopted:
Re;W&&W0Agenda Packet * Bi -weekly rate shown is based on an 80 hour per pay period, with exception of sworn Fire positions with an A DNA;iWRn.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
A I VV Effective December 20, 2019
POSIT11 ON TiTLE
1311 -WEEKLY RATE*
EQUIP OPERATOR
EQUIP OPERATOR
EQUIP OPERATOR
�E�QUIP OPERATOR
EQUIP OPERATOR
�E�XEC SECRETARY
EXEC SECRETARY
�E�XEC SECRETARY
EXEC SECRETARY
�E�XEC SECRETARY
FA ACCTG TECH•
FA ACCTG TECH
FA ACCTG TECH
FA ACCTG TECH
FA ACCTG TECH
�FA ADM ANL,YT I
III Pill Iillillilillill
�FA ADM ANLYT I
�FA ADM ANL,YT I
�FA ADM ANLYT I
�FA ADM ANL,YT I
FA ADM ANLYT 11
�FA ADM ANL,YT 11
FA ADM ANLYT 11
�FA ADM ANL,YT 11
FA ADM ANLYT 11
at I
FA CYBER SEC PM
�FA CYBE�R SEC PM
M N11111111
FA CYBER SEC PM
�FA CYBE�R SEC PM
FA CYBER SEC PM
�FA DEP DIR LECC
FA DEP DIR LECC
�FA DEP DIR LECC
FA DEP DIR LECC
�FA DEP D LECC
Approved and Adopted:
Re;W&&W0Agenda Packet * Bi -weekly rate shown is based on an 80 hour per pay period, with exception of sworn Fire positions with an ADgedPiWFi8n.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
CHULAVISIA
Effective December 20, 2019
POSIT11 ON TiTLE
BI -WEEKLY RATE*
�FA DEP EXEC DIR
FA M C , M�FA
DEP EXEC DIR
FA DEP EXEC DIR
�FA DEP EXEC DIR
FA DIR OF LE�CC
�� IIIIIIIIIIIIIIIII
III
D.
FA
IIIIIIIIIIIIIIIII
III
��
A M
OF LECC
�FA EXEC ASST
�FA EXEC ASST
�FAEXEC ASST
�MMOO IIIII II Oil
�FA EXEC ASST
�FAEXEC ASST
FA GD/WEBMASTER
J
FA R.
FA GD/WEBMASTER
FA GS INTL ANYT
FA GS INTL ANYT
A GS INTL ANYT
GS INTL ANYT
FAFA
GS GS INTL ANYTFA
INTEL ANLYT
FA INTEL AN
��i.
FA INTEL ANLYT
;.,
FA INTEL AN L,YT
M��',
■
FA INTEL ANLYT
i
��
��
■..
E�XD:IR
Approved and Adopted:
Re;W&&W0Agenda Packet BN -weekly rate shown is based on an 80 hour per pay period, With exception of sworn Fire positrons with an A DgeMiWRn.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
AI VV Effective December 20, 2019
POSIT11 ON TiTLE
BI -WEEKLY RATE*
�FA LECC IT IVIGR
FA LECC IT MGR
�FA LECC IT IVIGR■
FA LECC IT MGR
�FA LECC IT IVIGR
FA MCROCMP SPEC
�FA MCROCMP SPEC
FA MCROCMP SPEC
�FA MCROCMP SPEC
FA MCROCMP SPEC
FA MGMT ASST
FA MGMT ASSiT
FA MGMT ASST
FA MGMT ASSiT
FA MGMT ASST
FA NTWK ADIVIN I
�FA NTWK ADIVIN I
FA NTWK ADIVIN I
�FA NTWK ADIVIN I
FA NTWK ADIVIN I
�FA NTWK ADIVIN 11
FA NTWK ADIVIN 11
�FA NTWK ADIVIN 11
FA NTWK ADIVIN 11
A
� FA NTWK DIVIN 11
IMF 111b 11111
=41:11
FA NTWK ADIVIN III
�FA NTWK ADIVIN III
11111i NO 111111, 1111 111
FA NTWK ADIVIN III
�FA NTWK ADIVIN III
FA NTWK ADIVIN III
�FA PGM ANALYST
FA PGM ANALYST
�FA PGM ANALYST
FA PGM ANALYST
�FA PGM ANALYST
�FA PGM ASST SUP
FA PGM ASiSiT SUP
�FA .ASUP
FA PGM ASiSiT SUP
�FA PGM ASST SUP
Approved and Adopted:
Re;W&&W0Agenda Packet * Bi -weekly rate shown is based on an 80 hour per pay period, with exception of sworn Fire positions with an A Dgedi4iWRn.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
A I VV Effective December 20, 2019
POSIT11 ON TiTH
BI -WEEKLY MTV
IMP
FA PPPE PGM MGR
FA PPPE PGM IVIGR
0!, RAI
FA PPPE PGM MGR
PPPE PGM IVIGR
1!1! M1111
FA PPPE PGM MGR
RCFL NWK ENG
FA RCFL NWK ENG
FA RCFL NWK ENG
FA RCFL NWK ENG
RCFL NWK ENG
FA SPV I NT AN LT
FA SPV I NT AN LT
FA SPV I NT AN LT
�FA SPV INT ANLT
FA SPV I NT AN LT
�FA SR FIN ANLYT
FA SR, FIN ANLYT
�FA SR FIN ANLYT
FA SR, FIN ANLYT
�FA SR FIN ANLYT
FA SR, INTL ANLT
�FA SR INTL ANLT
FA SR, INTL ANLT
�FA SR INTL ANLT
FA SR, INTL ANLT
FA SR PIG M ASST
FA SR, PGM ASSTJ
II
w
ss
FA SR PIG M ASST
FA SR, PGM ASST
FA P
SR IG M ASST
IIII IIIII Nip
Iijgogjqr� ,
01
FA SR, SECRETARY
�FA SR SECRETARY
11111 NO Ilill'i
10=60
FA SR, SECRETARY
�FA SR SECRETARY
FA SR, SECRETARY
SUPP SPEC
MIMI
FAC & SiUPP SPEC
SUPP SPEC
FAC & SiUPP SPEC
�FAC & SUPP SPEC
Approved and Adopted:
Re;W&&W0Agenda Packet * Bi -weekly rate shown is based on an 80 hour per pay period, with exception of sworn Fire positions with an A D8eA§iWR8n.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
CHULAIVISIA
Effective December 20, 2019
POSIT11 ON TITLE
BI -WEEKLY RATE*
FAC & SiUPP SPEC
�FACSUMP SPEC
FAC & SiUPP SPEC
�FACSUMPSPEC
�
IV
FAC FINANCEJ
J
�FAC FINANCE '
FAC FINANCEJ
�FAC FINANCE MGR
A
•
R
FACILITIES MGR
�FACILI�TIES MGR
FACILITIES MGR
I
I I • i►
'"
Oil
FIELD MAIN SPEC
�FIELD MAIN SPECI
FIELD MAIN SPEC
�FIELD""����
FIELD MAIN SPEC
�FINANCE MANAGER
FINANCE MANAGER
�FINANCE MANAGER
1111o,
FINANCE MANAGER
�FINANCE MANAGER
FIRE APP MECH
�FIRE APP
FIRE APP MECH
111 SHI
CAP
FIRE CAPT-A
I
Aw"��
FIRE CAPT-A
�FIRE CAPA
Approved and Adopted:
Re;W&&W0Agenda Packet BN -weekly rate shown is based on an 80 hour per pay period, With exception of sworn Fire positrons with an AiWFi n.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
A I VV Effective December 20, 2019
POiSITI ON TIITL�E
BI -WEEKLY RATE*
FIRE CAPT-B
FIRE CAPT-B
�FIRE CAPT-B
FIRE CAPT-B
�FIRE CAPT-B
FIRE CAPT-C
�FIRE CAPT-C
FIRE CAPT-C
�FIRE CAPT-C
FIRE CAPT-C
�FIRE CAPT-INT
FIRE CAPT-INT
�FIRE CAPT-INT
FIRE CAPT-INT
�FIRE CAPT-INT
FIRE DIV CHIEF
FIRE DIV CHIEF
�FIRE DIV CHIEF
FIRE DIV CHIEF
�FIRE DIV CHIEF
IN MA1011,
FIRE ENG -INT
ENG -INT
FIRE ENG -INT
ENG -INT
FIRE ENG -INT
�FIRE INS/INV I
FIRE INS/INV I
�FIRE INS/INV I
FIRE INS/INV I
�FIRE INS/INV I
Approved and Adopted:
Re;W&&W0Agenda Packet * Bi -weekly rate shown is based on an 80 hour per pay period, with exception of sworn Fire positions with an A DaecMiWMn.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
A I VV Effective December 20, 2019
I POSIT11 ON TiTLE
BI -WEEKLY MTV
�FIRE INS/INV I
FIRE INS/INV I
�FIRE INS/INV I
FIRE INS/INV I
�FIRE INS/INV I
FIRE INS/INV 11
�FIRE INS/INV 11
FIRE INS/INV 11
�FIRE INS/INV 11
FIRE INS/IN:V �1:1
�FIRE INS/INV 11
FIRE [NS/INV �1:1
�FI:RE IN:S/INV 11
jjIV
FIRE [NS/INV �1:1
�FIRE INS/INV 11
FIRE PRV AIDE
�FIRE PRV AIDE
p�� pill iliq I
FIRE PRV AIDE
�FIRE PRV AIDE
FIRE PRV AIDE
FIRE PRV AIDE
FIRE PRV AIDE
�FIRE PRV AIDE
FIRE PRV AIDE
�FIRE PRV AIDE
FIRE PRV ENG/IN
�FIRE PRV ENG/IN
IN!
FIRE PRV ENG/IN
�FIRE PRV ENG/IN
FIRE PRV ENG/IN
�FIRE RECRUIT
FIRE RECRUIT
�FIREFGHTR-A
FIREFGHTR-A
�FIREFGHTR-A
pill
a
FIREFGHTR-A
�FIREFGHTR-A
�FIREFGHTR-C
�FIREFGHTR-C
FIREFGHTR-C
�FIREFGHTR-C
FIREFGHTR-C
Approved and Adopted:
Re;W&&W0Agenda Packet * Bi -weekly rate shown is based on an 80 hour per pay period, with exception of sworn Fire positions with an A DgeMiWMn.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
A I VV Effective December 20, 2019
POSIT11 ON TiTLE
BI -WEEKLY RATV
�FIREFGHTRPM-A
FIREFGHTRPM-A
�FIREFGHTRPM-A
FIREFGHTRPM-A
�FIREFGHTRPM-A
FIREFGHTRPM-B
�FIREFGHTRPM-B
FIREFGHTRPM-B
�FIREFGHTRPM-B
W
FIREFGHTRPM-B
�FIREFGHTRPM-C
FIREFGHTRPM-C
�FIREFGHTRPM-C
FIREFGHTRPM-C
�FIREFGHTRPM-C
FISC DBT MGT AN
FISC DBT MGT AN
FISC DBT MGT AN
FISC DBT MGT AN
FISC DBT MGT AN
�FISC OFF SPEC
FISC OFF SPEC
�FISC OFF SPEC
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FISC OFF SPEC
�FISC OFF SPEC
IF
FISiC OFF SPEC
�FISC OFF SPEC
FISiC OFF SPEC
�FISC OFF SPEC
FISiC OFF SPEC
�FISC&MGTANLYT
FISC&MGT ANLYT
F1 SC& MGT AN L,YT
FISC&MGT ANLYT
�FISC&MGT ANL,YT
�FLT INV CTRL SP
FLT INV CTRL SP
�FLT INV CTRL SP
FLT INV CTRL SP
�FLT INV CTRL SP
�FLT MANAGERAmo
�FLT MANAGERAmo
�FLT MANAGERAmo
„
�FLT MANAGERAmo
- ....,
�FLT MANAGERAmo
Approved and Adopted:
Re;W&&W0Agenda Packet * Bi -weekly rate shown is based on an 80 hour per pay period, with exception of sworn Fire positions with an A DgeogiWRn.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
AI VV Effective December 20, 2019
POSIT11 ON TlTL�E
BI -WEEKLY RATV
FORENSICS SPEC
Pill
FORENSICS SPEC
FORENSICS SPEC
FORENSICS SPEC
FORENSICS SPEC
GARDENER (SEAS)
�6ARDENER (SEAS)
IIIIIIIII
GARDENER (SEAS)
�6ARDENER (SEAS)
IIIIIIIII
GARDENER (SEAS)
GARDENER 11
�6ARDENERII
GARDENER 11
�6ARDENERII
GARDENER 11
�61S MANAGER
GISi MANAGER
�61S MANAGER
GISi MANAGER
�61S MANAGER
GISi SPECIALIST
�61S SPECIALIST
GISi SPECIALIST
�61S SPECIALIST
GISi SPECIALIST
�613APHIC DS
oil
GRAPHIC DESGNR
�613APHIC DR
GRAPHIC DESGNR
�6RAPHIC DE�SGNR
GYMNASTIC SPEC
�6YMNASTIC SPEC
GYMNASTIC SPEC
�6YMNASTIC SPEC
IIIIIIIII
11 Ili 0 111
GYMNASTIC SPEC
�HOUSING MANAGER
HOUSING MANAGER
�HOUSING MANAGER
HOUSING MANAGER
�HOUSING MANAGER
Approved and Adopted:
Re;W&&W0Agenda Packet * Bi -weekly rate shown is based on an 80 hour per pay period, with exception of sworn Fire positions with an A 9?1eAWhi4R8n.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
CHULAVISIA
Effective December 20, 2019
POSIT11 ON TiTLE
1311 -WEEKLY MTV
•
X00
•
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•
X00
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�HR TECHNICIAN
�HR TECHNICIAN
�HR TECHNICIAN
�HR TECHNICIAN
�HR TECHNICIAN
�HR TECHNICIAN
�HR TECHNICIAN
�HR TECHNICIAN
�HR TECHNICIAN
�HVAC TECHNICIAN
�HVAC TECHNICIAN
�INTERN., GRAD
�INTERN, GRAD
�INTERN., GRAD
�INTERN, GRAD
1111 *VA� 1
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INTERN, UNDRGRD
INTERN, UNDRGRD
X00
X00
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X00
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X00
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110110 W
IT SiUPP SPEC (T)
Approved and Adopted:
Re;W&&W0Agenda Packet BN -weekly rate shown is based on an 80 hour per pay period, With exception of sworn Fire positrons with an A DgeogiWRRn.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
A I VV Effective December 20, 2019
POSIT11 ON TiTLE
B11 -WEEKLY RATE*
�ITTECHNICIAN
IT TECH NIC�IAN
�ITTECHNICIAN
IT TECH NIC�IAN
�ITTECHNICIAN
LATENT PRT EXAM
�L,ATENT PRT EXAM
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LATENT PRT EXAM
�L,ATENT PRT EXAM
LATENT PRT EXAM
�L,ATENT PRT EXAM
LATENT PRT EXAM
�L,ATENT PRT EXAM
Ir
LATENT PRT EXAM
�L,ATENT PRT EXAM
LAW OFFICE MGR
�LAW OFFICE MGR
LAW OFFICE MGR
�LAW OFFICE MGR
61! ml!
LAW OFFICE MGR
�LEAD CUSTODIAN
LEAD CUSTODIAN
�LEAD CUSTODIAN
LEAD CUSTODIAN
�LEAD CUSTODIAN
LEGAL ASSISTANT
LEGAL ASSISTANT
LEGAL ASSISTANT
LEGAL ASSISTANT
LEGAL ASSISTANT
�LIBRARIAN I
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�LIBRARIAN I
LIBRARIAN I
�LIBRARIAN I
LIBRARIAN I
�LIBRARIAN I
LIBRARIAN I
�LIBRARIAN I
LIBRARIAN I
�LIBRARIAN 11
LIBRARIAN 11
�LIBRARIAN 11
LIBRARIAN 11
�LIBRARIAN 11
Approved and Adopted:
Re;W&&V0Agenda Packet * Bi -weekly rate shown is based on an 80 hour per pay period, with exception of sworn Fire positions with an A iWRRn.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
CHULAVISIA
Effective December 20, 2019
ON TiTLE
131 -WEEKLY RATE*
�LIBRARIAN 11
LIBRARIANPOSIT11
rl
�LIBRARIAN 11
IIIIIIIII
J
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rl
�LIBRARIAN 11
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�LIBRARIAN III
LIBRARIAN III
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LIBRARY ASST
LIBRARY ASST
LIBRARY
LIBRARY ASST
LIBRARY ASST
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LIBRARY DS MGR
�LIBRARY DS MGR
LIBRARY OPS MGR
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5111=
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Approved and Adopted:
Re;W&&W0Agenda Packet BN -weekly rate shown is based on an 80 hour per pay period, With exception of sworn Fire positrons with an A DgeMiWMn.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
A I VV Effective December 20, 2019
POSIT11 ON TITLE
BI -WEEKLY RATE*
�LIFEGUARD I
IIIIIII
LIFEGUARD I
�LIFE,GUARD I
LIFEGUARD I
�LIFE,GUARD I
LIFEGUARD 11
�LIFE,GUARD 11
LIFEGUARD 11
�LIFE,GUARD 11
LIFEGUARD 11
�LNDSCPE ARCH
LNDSiCPE ARCH
�LNDSCPE ARCH
LNDSiCPE ARCH
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LNDSiCPE PLAN I
�LNDSCPE PLAN I
LNDSiCPE PLAN I
�LNDSCPE PLAN I
LNDSiCPE PLAN 11
�LNDSCPE PLAN 11
LNDSiCPE PLAN 11
�LNDSCPE PLAN 11
LNDSiCPE PLAN 11
MAINT WORKER I
MAI NT WORKER I
MAINT WORKER I
MAI NT WORKER I
MAINT WORKER I
MAI NT WORKER I
MAINT WORKER I
MAI NT WORKER I
MAINT WORKER I
MAI NT WORKER I
Approved and Adopted:
Re;W&&V0Agenda Packet * Bi -weekly rate shown is based on an 80 hour per pay period, with exception of sworn Fire positions with an A DgeogiWRn.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
CHULAVISIA
Effective December 20, 2019
POSIT11 ON TlTU
BI -WEEKLY RATE*
MAI NT WORKER 11
F me 1111
MAINT WORKER 11
�MAINT WORKER 11
MAINT WORKER 11
�MAINT WORKER 11
MAINT WORKER 11
�MAINT WORKER 11
MAINT WORKER 11
�MAINT WORKER 11
MAINT WORKER 11
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MECHANIC ASST
�MECHANIC ASST
MECHANIC ASST
�MECHANIC ASST
MECHANIC ASST
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M�G MT ANALYST I
M�G MT ANALYST I
IVIGIVIT ANALYST 11
MGMT ANALYST 11
IVIGIVIT ANALYST 11
M�G MT NALYST I I
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X00
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=1411
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Approved and Adopted:
Re;W&&V0Agenda Packet BN -weekly rate shown is based on an 80 hour per pay period, With exception of sworn Fire positrons with an AW?i n.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
A I VV Effective December 20, 2019
POSIT11 ON TITLE
BI -WEEKLY RATE*
�MLTIMDA PRD SPC
MLTIMDA PRD SPC
�MLTIMDA PRD SPC
MLTIMDA PRD SPC
�MLTIMDA PRD SPC
OFFICE SPEC
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Ing
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OFFICE SPEC
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0
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0
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0
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OFFICE SiPEC—MYR
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OFFICE SiPEC—MYR
�6PEN SPACE INSP
OPEN SPACE INSP
�6PEN SPACE INSP
0
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�6PEN SPACE INSP
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�6PEN SPACE MGR
OPEN SPACE MGR
�6PEN SPACE MGRAmo
OPEN SPACE MGRAmo
�6PSUELECOM MGR
OPSUELECOM MGR
�Amo
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OPSUELECOM MGRAmo
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=11�
Approved and Adopted:
Re;W&&W0Agenda Packet * Bi -weekly rate shown is based on an 80 hour per pay period, with exception of sworn Fire positions with an A 9?1eA3iWR8n.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
A I VV Effective December 20, 2019
POSIT11 ON TITLE
BI -WEEKLY RATE*
PARK E�NF OFF HR
PARK ENF OFF HR
�PARK E�NF OFF HR
PARK ENF OFF HR
�PARK E�NF OFF HR
PARK RANGER
�PARK RANGER
111 pill III
PARK RANGER
�PARK RANGER
PARK RANGER
�PARK RANGER SUP
PARK RANGER SUP
�PARK RANGER SUP
PARK RANGER SUP
�PARK RANGER SUP
PARK RNG PM MGR
�PARK RNG PM MGR
PARK RNG PM MGR
�PARK RNG PM MGR
PARK RNG PM MGR
�PARKING E�NF OFF
PARKING ENF OFF
�PAROFF
PARKING ENF OFF
�PAROFF
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PARKING MTR TEC
PARKING MTR TEC
PARKING MTR TEC
PARKING MTR TEC
�PARKS MANAGER
PARKS MANAGER
�PARKS MANAGER
PARKS MANAGER
�PARKS MANAGER
PARKS REC ADM
PARKS RADM
PARKS REC ADM
PARKS RADM
PARKS REC ADM
�MA
MAI[M
Approved and Adopted:
Re;W&&W0Agenda Packet * Bi -weekly rate shown is based on an 80 hour per pay period, with exception of sworn Fire positions with an A D8eA§iWR8n.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
CHULAIVISIA
Effective December 20, 2019
ON TiTLE
BI -WEEKLY RATE*
PEACE OFFICER
PEACE OFFICER
�PEACE OFFICER
PEACE OFFICER
OFFICERPOSIT11
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X00
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PLAN CHK TECH
PLAN CHK TECH
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=,q!
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X00
Approved and Adopted:
Re;W&&W0Agenda Packet BN -weekly rate shown is based on an 80 hour per pay period, With exception of sworn Fire positrons with an A 1W n.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
A I VV Effective December 20, 2019
POSIT11 ON TlTL�E
BI -WEEKLY MTV
POL CAPTAIN
POL CAPTAIN
�POL CAPTAIN
POL CAPTAIN
�POL CAPTAIN
POL COM SYS MGR
�POL COM SYS M�GR
POL COM SYS MGR
�PR
POL COM SYS MGR
�POL COMRE�L SPC
I III Pill
�POL COMREL SPC
�POL COMRE�L SPC
�POL COMREL SPC■
�POL COMRE�L SPC
�POL DISPATCH SP
�POL DISPATCH SP
�POL DISPATCH SP
�POL DISPATCH SP
�POL DISPATCH SP■
�POL DISPATCH TR
POL DISPATCH TR
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�POL DISPATCH TR
POL DISPATCH TR
�POL DISPATCH TR
POL DISPATCHER
�POL DISPATCHER
POL DISPATCHER
�POL DISPATCHER
POL DISPATCHER
�POL DISPATCHER
511!1
POL DISPATCHER
�POL DISPATCHER
POL DISPATCHER
�POLDISPATCHER
POL LIEUTENANT
�POL LIEUTENANT
POL LIEUTENANT
�POL LIEUTENANT
POL LIEUTENANT
�POL LIEUTENANT
Hill!
POL LIEUTENANT
�POL LIEUTENANT
POL LIEUTENANT
�POL LIEUTENANT
Approved and Adopted:
Re;W&&W0Agenda Packet * Bi -weekly rate shown is based on an 80 hour per pay period, with exception of sworn Fire positions with an A DgeoWiWMn.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
A I VV Effective December 20, 2019
POSIT11 ON TiTLE
BI -WEEKLY RATE*
�POL REC SPEC
POL REC SPEC
�POL REC SPEC
POL REC SPEC
�POL REC SPEC
POL REC SPEC
�POL REC SPEC
M
POL REC SPEC
�POL REC SPEC
POL REC SPEC
�POL REC&SUP SPV
POLREC&SUPSPV
�POL REC&SUP SPV
POLREC&SUPSPV
�POL REC&SUP SPV
POL RECRUIT
�POL RECRUIT
POL RECRUIT
�POL RECRUIT
POL RECRUIT
�POLSERGEANT
POLSiERGEANT
�POLSERGEANT
POLSiERGEANT
�POLSERGEANT
POL SiCVS AIDE
�POL SCVS AIDE
POL SiCVS AIDE
�POL SCVS AIDE
POL SiCVS AIDE
�POL SVCS MGRAmo
Mail,
POL SVCS IVIGRAmo
�POL SVCS MGR
POL SVCS IVIGRAmo
�POL SVCS MGRAmo
POL SVCS OF SUP
�POL SVCS OF SUP
POL SVCS OF SUP
�POL SVCS OF SUP
POL SVCS OF SUP
�POL SVCS OFF
POL SVCS OFF
�POL SVCS OFF
POL SVCS OFF
�POL SVCS OFF
Approved and Adopted:
Re;W&&W0Agenda Packet * Bi -weekly rate shown is based on an 80 hour per pay period, with exception of sworn Fire positions with an A iWMn.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
A I VV Effective December 20, 2019
POSIT11 ON TiTLE
1311 -WEEKLY RATE*
POL SVCS TECH
, III
POL SVCS TECH
�POL SVCS TECH
POL SVCS TECH
�POL SVCS TECH
POL TECH IVIGRAmo
�POL TECH IVIGRAmo
POL TECH IVIGRAmo
�POL TECH IVIGRAmo
POL TECH IVIGR
POL TECH SPEC
POL TECH SPEC
POL TECH SPEC
POL TECH SPEC
POL TECH SPEC
116 111
POL TECH SPEC
POL TECH SPEC
POL TECH SPEC
POL TECH SPEC
POL TECH SPEC
POLICY AIDE
POLICY AIDE
POLICY AIDE
POLICY AIDE
�POLICY AIDE
11 A
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�PRGRIVIMR ANALYST
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Amo
�PRIN CIVIL E�NG
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�PRIN CIVIL E�NG
Amo
PRIN CIVIL ENG
Amo
�PRIN HR ANALYST
PRIN HR ANALYST
�PRIN HR ANALYST
111!111 =441
PRIN HR ANALYST
�PRIN HR ANALYST
Approved and Adopted:
Re;W&&W0Agenda Packet * Bi -weekly rate shown is based on an 80 hour per pay period, with exception of sworn Fire positions with an A DgeogiWRn.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
A I VV Effective December 20, 2019
POSIT11 ON TITU
1311 -WEEKLY RATE*
PRI N LDSCP ARCH
PRIN LDSiCP ARCH
�PRIN LDSCP ARCH
PRIN LDSiCP ARCH
�PRIN LDSCP ARCH
PRIN LIBRARIAN
�PRIN LIBRARIAN
PRIN LIBRARIAN
�PRIN LIBRARIAN
PRIN LIBRARIAN
■
�PRIN IVIGMTANLYT
PRIN MGMTANLYT
�PRIN IVIGMTANLYT
PRIN MGMTANLYT
�PRIN IVIGMTANLYT
mill 1! 1 1�
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�PRIN IVIGMTANLYT
PRIN MGMTANLYT
�PRIN IVIGMTANLYT
PRIN MGMTANLYT
�PRIN PLANNER
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�PRIN PLANNER
PRIN PLANNER
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PRIN PROJ COORD
�PRIN PROJ COORD
PRIN PROJ COORD
�PRIN PROJ COORD
PRIN PROJ COORD
■
�PRIN REC MGR
PRIN REC MGR
�PRIN REC MGR
01 W 11111!jjl�
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�PRIN REC MGR
PRIN TRAFF ENG
�PRIN TRAFF ENG
PRIN TRAFF ENG
�PRIN TRAFF ENG
PRIN TRAFF ENG
�PRCICUREMNTSPEC
�PROCU REM NT SPEC
�PRCICUREMNTSPEC
�PROCU REM NT SPEC
�PRCICUREMNTSPEC
Approved and Adopted:
Re;W&&W0Agenda Packet * Bi -weekly rate shown is based on an 80 hour per pay period, with exception of sworn Fire positions with an A D844iWRn.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
A I VV Effective December 20, 2019
POSIT11 ON TiTLE
1311 -WEEKLY RATE*
�PROJE,CT COOR I
PROJECT COOR I
�PROJE�CT COOR I
PROJECT COOR I
�PROJE�CT COOR I
PROJECT COOR I
�PROJE�CT COOR I
PROJECT COOR I
�PROJE�CT COOR I
PROJECT COOR I
�PROJE�CT COOR I I
PROJECT COOR 11
�PROJE�CT COOR 11
01
PROJECT COOR 11
�PROJE�CT COOR 11
PROP & EVD SPEC
PROP & EVD SPEC
PROP & EVD SPEC
PROP & EVD SPEC
PROP & EVD SPEC
�PROP & E�VD SPEC
PROP & EVD SPEC
�PROP & PEC
IIIIIIIIIHill
III EIIII I
PROP & EVD SPEC
�PROP & E�VD SPEC
PUB INFO SPEC
�PUB INFO SPEC
PUB INFO SPEC
�PUB INFO SPEC
PUB INFO SPEC
�PUB SFTY AN LYT
PUB SFTY AN LYT■
�PUB SFTY AN LYT
PUB SFTY AN LYT
�PUB SFTY AN LYT
PUB WRKS INP I
�PUB WRKS INP I
SIV
PUB WRKS INP I
�PUB WRKS INP I
PUB WRKS INP I
�PUB WRKS INP 11
PUB WRKS INP 11
�PUB WRKS INP 11
PUB MKS INP 11•
�PUB WRKS INP 11
Approved and Adopted:
Re;W&&W0Agenda Packet * Bi -weekly rate shown is based on an 80 hour per pay period, with exception of sworn Fire positions with an A DgeMiWMn.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
A I VV Effective December 20, 2019
POiSITI ON TITLE
BI -WEEKLY RATE*
�PUB WRKS MGR
Pill III
PUB WRKS MGR
�PUB WRKS MGR
Vliq
PUB WRKS MGR■
�PUB WRKS MGR
PUB WRKS SPEC
�PUB WRKS SPEC
PUB WRKS SPEC
�PUB WRKS SPEC
PUB WRKS SPEC
�PUB WRKS SPEC
PUB WRKS SPEC
�PUB WRKS SPEC
IIIIIIIII
PUB WRKS SPEC
�PUB WRKS SPEC
IIIIIIIII
PUB WRKS SiUPDT
�PUB WRKS SUPDT
PUB WRKS SiUPDT
�PUB WRKS SUPDT
PUB WRKS SiUPDT
�PUB WRKS SUPV
PUB WRKS SiUPV
�PUB WRKS SUPV
PUB WRKS SiUPV
�PUB WRKS SUPV
tbj�l 1!11
PUMP MAINT SiUPV
�PUM�P MAINT SUPV
PUMP MAINT SiUPV
�PUM�P MAINT SUPV
PUMP MAINT SiUPV
�PUM�P MAINT TECH
PUMP MAINT TECH
�PUM�P MAINT TECH
PUMP MAINT TECH
�PUM�P MAINT TECH
PURCHASING AGT
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PURCHASING AGT
�PURCHASING AGT
PURCHASING AGT
�RANGE MASTER
All I
RANGE MASTER
�RANGE MASTER
RANGE MASTER
�RANGE MASTER
Approved and Adopted:
Re;W&&W0Agenda Packet * Bi -weekly rate shown is based on an 80 hour per pay period, with exception of sworn Fire positions with an A DgeogiWRn.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
CHULAVISIA
Effective December 20, 2019
POSIT11 ON TiTLE
1311 -WEEKLY RATE*
RANGE MASTER
�RANGE MASTER
RANGE MASTER
�RANGE MASTER
REAL PROP MGR
�RE�AL PROP MGR
REAL PROP MGR
�RE�AL PROP MGR
REAL PROP MGR
I oil
*C SPECIALIST
REC SPECIALIST
�REC SPECIALIST
REC SPECIALIST
�REC SPECIALIST
!11 Pill III! III!
Approved and Adopted:
Re;W&&W0Agenda Packet BN -weekly rate shown is based on an 80 hour per pay period, With exception of sworn Fire positrons with an AiW Fi n.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
A I VV Effective December 20, 2019
POSIT11 ON TiTLE
1311 -WEEKLY RATV
�RECORDS MANAGER
RECORDS MANAGERAmo
�RECORDS MANAGERAmo
RECORDS MANAGERAmo
�RECORDS MANAGER
RECORDS SPEC
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RECORDS SPEC
RECORDS SPEC
RECORDS SPEC
�RECYCL,G SPEC I
RECYCLG SPEC I
�RECYCL,G SPEC I
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RECYCLG SPEC 11
�RECYCL,G SPEC 11
RECYCLG SPEC 11
�RECYCL,G SPEC 11
RECYCLG SPEC 11
REG VET TECH
REG VET TECH
REG VET TECH
REG VET TECH
REG VET TECH
REG VET TECH
REG VET TECH
REG VET TECH
REG VET TECH
REG VET TECH
�RE�T ANNT - HO C
RET ANNT - HO C
�RE�T ANNT - HO C
RET ANNT - HO C
�RE�T ANNT - HO C
REVENUE MANAGER
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�REVENUE MANAGERX00Ioil
REVENUE MANAGERX00
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�REVENUE MANAGERX00I
oil
REVENUE MANAGERX00
�RISK MANAGER
X00
RISK MANAGER
X00
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�RISK MANAGERX00I
oil
RISK MANAGERX00
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�RISK MANAGER
X00
Approved and Adopted:
Re;W&&W0Agenda Packet * Bi -weekly rate shown is based on an 80 hour per pay period, with exception of sworn Fire positions with an A 9?143iWR8n.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
CHULAVISIA
Effective December 20, 2019
POSIT11 ON TiTLE
1311 -WEEKLY RATE*
RISK IVIGIVIT SPEC
RISK IVIGIVIT SPEC
RISK IVIGIVIT SPEC
RISK IVIGIVIT SPEC
RISK IVIGIVIT SPEC
III Oil IF
SEASONAL ASST
�SEASONAL ASST
MEN
SEASONAL ASST
�SEASONAL ASST
SEASONAL ASST
SGNL SYS ENG I
SGNL SYS ENG I
SGNL SYS ENG I
SGNL SYS ENG I
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�§R ACCOUNTANT
SR ACCOUNTANT
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Approved and Adopted:
Re;W&&W0Agenda Packet BN -weekly rate shown is based on an 80 hour per pay period, With exception of sworn Fire positrons with an A DgeogiWRn.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
AI VV Effective December 20, 2019
POSIT11 ON TITH
1311 -WEEKLY RATE*
S R ACCTG ASST
SR, ACCTG ASSiT
�§R, ACCTG ASST
SR, ACCTG ASSiT
�§R, ACCTG ASST
11111 A 11111 1111
SR, ADMIN SEC
ADMIN SEC
SR, ADMIN SEC
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SR, ADMIN SEC
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SR, ADMIN SEC
�§R, ADMIN SEC
SR, ADMIN SEC
ADMIN SEC
SR, ANIVIL CR SPEC
�§R, ANIVIL CR SPEC
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�SR ANIVIL, CR SPEC
SR, ANIVIL CR SPEC
�SR APP SUP SPEC
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�SR APP SUP SPEC
SR, APP SUP SPEC
�SR APP SUP SPEC
SR, ASST CTY ATT
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Approved and Adopted:
Re;W&&W0Agenda Packet * Bi -weekly rate shown is based on an 80 hour per pay period, with exception of sworn Fire positions with an A DaecgiWMn.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
A I VV Effective December 20, 2019
POSIT11 ON TiTLE
1311 -WEEKLY RATE*
�SR CODE E�NF OFF
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Approved and Adopted:
Re;W&&W0Agenda Packet * Bi -weekly rate shown is based on an 80 hour per pay period, with exception of sworn Fire positions with an A DgedPiWMn.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
A I VV Effective December 20, 2019
POSIT11 ON TlTH
BI -WEEKLY MTV
�SR EQUIP ME�CH
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�§R EQUIP ME�CH
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�§R EQUIP ME�CH
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�§R HR ANALYST
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Approved and Adopted:
Re;W&&W0Agenda Packet * Bi -weekly rate shown is based on an 80 hour per pay period, with exception of sworn Fire positions with an A Dge � iWMn.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
A I VV Effective December 20, 2019
POSIT11 ON TiTLE
131 -WEEKLY RATE*
SR, HR ANALYST
SR, HR ANALYST
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Approved and Adopted:
Re;W&&W0Agenda Packet * Bi -weekly rate shown is based on an 80 hour per pay period, with exception of sworn Fire positions with an A9MqjRiWR8n.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
A I VV Effective December 20, 2019
POSIT11 ON TiTLE
B11 -WEEKLY RATE*
�SR LTNT PRT E�XM
SR LTNT PRT EXM
�§R LTNT PRT E�XM
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�§R PGMMR ANL,YST
SR PGMMR ANLYST
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�§R PGMMR ANLYST
Approved and Adopted:
Re;W&&W0Agenda Packet * Bi -weekly rate shown is based on an 80 hour per pay period, with exception of sworn Fire positions with an A DaeciRiWMn.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
A I VV Effective December 20, 2019
POiSITI ON TITLE
BI -WEEKLY RATE*
SR, PLAN CK ENG
SR, PLAN CK ENG
�§R PLAN CK ENG
SR, PLAN CK ENG
�SR PLAN CK ENG
SR, PLAN CK TECH
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SR, PLAN CK TECH
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SR, PLN : N1 : NG TECH
•
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Approved and Adopted:
Re;W&&W0Agenda Packet * Bi -weekly rate shown is based on an 80 hour per pay period, with exception of sworn Fire positions with an A DgedMiWMn.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
A I VV Effective December 20, 2019
POiSITI ON TITLE
BI -WEEKLY RATV
�§R RECORDS SPEC
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Approved and Adopted:
Re;W&&V0Agenda Packet * Bi -weekly rate shown is based on an 80 hour per pay period, with exception of sworn Fire positions with an A DaecgiWFi8n.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
A I VV Effective December 20, 2019
POSIT11 ON TlTL�E
BI -WEEKLY MTV
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Approved and Adopted:
Re;W&&W0Agenda Packet * Bi -weekly rate shown is based on an 80 hour per pay period, with exception of sworn Fire positions with an A 91 jN19hi4R8n.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
A I VV Effective December 20, 2019
POSIT11 ON TiTH
BI -WEEKLY RATV
SYS/D13 ADMIN
SYS/DB ADMIN
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Approved and Adopted:
Re;W&&W0Agenda Packet * Bi -weekly rate shown is based on an 80 hour per pay period, with exception of sworn Fire positions with an ADgeRWRRn.
Fiscal Year 2019-2020 Compensation Schedule
C1W Of
AI VV Effective December 20, 2019
POSIT11 ON TiTLE
1311 -WEEKLY RATV
TRAIN PGM SPEC
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Approved and Adopted:
Re;W&&W0Agenda Packet * Bi -weekly rate shown is based on an 80 hour per pay period, with exception of sworn Fire positions with an A Dgq:�§iWRRn.
Fiscal Year 2019-2020 Compensation Schedule
C1W OF
CHULAVISIA Effective December 20, 2019
POiSITI ON TITLE
BI -WEEKLY RATE*
MIN
Revised:
July 23, 2019 (Effective July 5, 2019)
August 13., 2019 (Effective August 16, 2019)
September 10, 2019, (Effective September 13, 2019)
December 10, 2019, (Effective December 20, 20191)
Approved and Adopted:
Re;W&&W0Agenda Packet * Bi -weekly rate shown is based on an 80 hour per pay period, with exception of sworn Fire positions with an A 91 jN19hJIR8n.
FIN I rii� qj� 1111- 111� li,11111
gg
ORDINA11"CE, OF TAE CIT"t'OF Cer"11A "T"ISTA A�TTIE'111)fl'G
CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 TO
ADD THE UNCLASSIFIED POSITION OF SMART'
TECHNOLOGY OFFICER
WHEREAS, the Human Resources Department has created new classifications to better
reflect the needs of the City's workforce; and
WHEREAS, the Smart Technology Officer position, given its duties and responsibilities,
is an unclassified management position, within the meaning of Charter Section 70 1; and
WHEREAS, Chula Vista City Charter Section 500(a) requires that all new unclassified
management level, positions be adopted by ordinance and a four-fifths vote of the Council.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
Section 1. That Section 2.05.010 of the Chula Vista Municipal Code is hereby amended
to read as follows:
2.05.10 Unclassified positions established.
In addition to those unclassified positions specifically delineated in Section 500 of the Charter of
the City, there are established the unclassified positions entitled: Administrative Secretary (Mayor,
At Will), Administrative Services Manager, Animal Care Facility Administrator, Animal Care
Facility Manager, Assistant Chief of Police, Assistant Director of Development Services, Assistant
Director of Engineering, Assistant Director of Human Resources, Assistant Director of Finance,
Assistant Director of Public Works., Assistant Director of Recreation, Budget and Analysis
Manager, Building Official./Code Enforcement Manager, Chief of Staff, Chief Sustainab�ility
Officer, City Engineer, City Librarian, Constituent Services Manager, Deputy City Manager,
Deputy Fire Chief, Development Services Department Director, .erector of Community Services,
Director of Conservation and Environmental Services, Director of Economic Development, Fire
Division, Chief, FA Accounting Technician, FA Administrative Analyst 1, FA Administrative
Analyst 11, FA Analyst, FA Cyber Security Program Manager, FA Deputy Executive Director, FA
Executive , ire tor, FA Publ.%c Private Partnership and Exercise Program Manager, FA Director of
San Diego Law Enforcement Coordination Center, FA Executive Assistant, FA Financial
Manager, FA Geospatial, Intelligence Analyst, FA Graphics Designer/Webmaster, FA IVDC-
LECC Executive Director, FA Law Enforcement Coordination Center Information Technology
Manager, FA Intelligence Analyst, FA Management Assistant, FA Microcomputer Specialist, FA
Network Administrator 1, FA Network Administrator 11, FA Network Administrator 111, FA
Program Analyst, FA Program Assistant Supervisor, FA Program Manager, FA Network
Engineer, FA Senior Financial Analyst, FA Senior Intelligence Analyst, FA Senior Program
Assistant, FA Senior Secretary, FA Supervisory Intelligence Analyst, Facilities Financing
Manager, Finance Manager, Housing Manager, Human Resources Operations Manager,
Information Technology Manager, Law Office Manager, Office Specialist (Mayor's Office), Parks
and Recreation, Administrator, Performance and Organizational Development Manager, Planning
Manager, Police Administrative Services Administrator, Police Captain, Policy Aide, Public
2020-01-07 Agenda Packet, Page 8,0 of 179
dift,
virdinance No.
Page
Works Superintendent, Purchasing Agent, Real Property Manager, Redevelopment and Housing
Manager, Revenue Manager, Risk Manager, Senior Council Assistant, Smart TechnoI,og Officer,
and Traffic Engineer.
Section 11. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any
reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality
shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its
application to any other person or circumstance. The City Council of the City of Chula Vista
hereby declares that it would have adopted each section, sentence, clause or phrase of this
Ordinance., irrespective of the fact that any one or more other sections, sentences, clauses or
phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shallcause
the same to be published or posted according to law.
Presented by Approved as to form by
Courtney Chase Glen R. Googms
Director of Human Resources/Risk Management City Attorney
2020-01-07 Agenda Packet, Page 8,1 of 179
January 7, 2020
ITY'C�OU'NC'l
'WI
I
ST1A,TEME,N1
10-00,
CITY OF
C H U [A V! STA
I`LE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, ACTING AS 'THE LEGISLATIVE BODY
OF COMMUNITY FACILITIES, DISTRICT NO. 16-1 (MILLENIA) MODIFYING TERRITORY WITHIN
IMPROVEMENT AREA NO. 2 OF' COMMUNITY FACILITIES DISTRICT NO. 16-1 (M�ILLENIA) AND DECLARING
ITS INTENTION TO CONSIDER CHANGES TO THE RATE AND METHOD 01F APPORTIONMENT OF SPECIAL
TAXES AUTHORIZED TO BE LEVIED WITHIN IMPROVEMENT' AREA NO. 2 THEREOF
RECOMMENDED ACTION
Council adopt the resolutiol
SUJ,'Vf1,XARY'
The City of Chula Vista is conducting proceedings to consider making changes to Community Facilities
District No. 16-1 (Millenia) ("CFD No. 16-1" or the "District"). CFD No. 16-1 was estabilished in 2016 to
authorize the levy of: special taxes to finance the acquisition or: construction of certain authorized facilities,
such as roadways, transit facilities, storm drainsi, and others. The District consists of two separate
improvement areas (i.e., "Improvement Area and "Improvement Areaimprovement Area No.
21's further divided into Zones A and B (see Attachment 1). The master developer of the Millenia project (SLF-
IV Millenia,(the "Developer")) has requested that the City Council ate proceedingis to consider the
following modifications CFD 16-1 Improvement Area No. 2:
• Delete certain c omm eircial - retail property from Zone A, and
• Revise res,idential special tax rates in Zone B
The proposed changes are driven by a revision to Final Map No. 16380, which involves the creation of two
new ret�ail-commercial lots, and by the Developer's proposal to implement a per -acre special tax rate for both
residential and non-residential property in Zone B. The Clity has retained the services of: Spicer Con •
sulting
Group (SCG) as special tax consultant and Best Best & Krieger LLP (BBK) as legal counsel to provide
assistance during the proceedings. This action initiates the formal proceedings to consider the proposed
changes to Improvement Area No. 2 of CFD No. 16-1.
ENVIRONMEN'TAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the California
Environmental Quality Act (CEQA) and has determined that the activity is not a "Project 10 as defined under
1111. 0 0 1 P�3ge 11
2020-01-07 Agenda Packet, Page 8,2 of 179
S ecti on 15 3 7 8 of the State C E QA Guid elines biecaus e it will not result i n a physical change in the enviro nmen
therefore, pursuant to Section 1,5060(c)(3) of the State CEQA Guidelines, the activity is not subject to CE
1.
Thus, no environmental review is required.
BOARD/COMMISSION/COMMIT rEE RECOMMENDA'TIOfi
Not applicable. M
DISC'USSION
On December 15, 2015, the City Council adopted Resolution No. 2015-282,, which approved the Advance
Deposiit and Reimbursement Agreement ("Advance Deposit Agreement") between the City and the
Developer.The Advance Deposit Agreement provided that the Developer advance funds to the City for the
payment of all initial consulting and administration costs and expenses related to the proceedings to consider
the formation of the CFDi No. 16-1, and to subsequently authorize, issue and sell bonds for the District. The
City Council adopted Resolution No. 2016-184 on September 13, 2016 to form and establish CFD No.
including Improvement Area No. I and Improvement Area No. 2. Subsequently,, on Octoberthe City
Council approved Ordinance Noi. 3375 to authorize the levy of a special taxin CFD No. 16-1.
In Aof 2019, the Developer initiated discussions with the City requesting changes to Improvement Area
ugust
Specifically, the proposed changes (the "Change Proceedings") included (1) the removal of
commercial- retail lots located near the Optima Street intersectionswith Montage Avenue and Optima Orion
Avenue within Zone A' and (2) reon of residential special tax rates in Zone B. implementing a per-acre
rate for both residential and non-residential uses. The proposed changes were designed to reduce the special
tax burden on retail development in Improvement Area provide certainty on expected special taxes
for bonding purposes, and to not discourage any future proposal of for -rent residential development in Zone
B.
The City and consultant team carefully considered and analyzed the proposals. This involved the completion
of a financial analysis to determine whether or not current special tax rates will be sufficient to accommodate
projected bond sizing. The analysis concluded that anticipated special tax revenues would be sufficient for
bonding and that no increase in special tax rates would be necessary. Because the proposals would not
necessitate any increases 'in special tax rates to cover bonds, and because they would reduce the special tax
burden for retail uses in Zone A, staff recommends approval oif'the prwww sedchange proceeding.
Iww ar w w i w wr =.* re, ffle, r, IT= a
• CFD No. 16-1 Improvement Area No. 2 Rate and Method of Apportionment (Attachment 2
• CFD No. 16-1 Boundary Map (Attachment 3) 1
1 This change was approved by the City and filed at the County Recorder's office on November 27, 2019 as file number
2019-7000481.
2020-01-07 Agenda Packet, Page 8,3 of 179
• Community Facilities District Advance Deposit and Reimbursement Agreement, Community
Facilities District No. 16-1 (Millenia) (Attachment 4 is an amendment to the Advance Deposit
Agreement)
Resolution
If adopted, the resolution on tonight's agenda would accomplish the following:
The RESOLUTION OF CONSIDERATION is the jurisdictional resolution declaring the intention of the City
Council to consider changes to the Rate and Method of:Apiportionment (RMA) for CF'D No. 16-1 Improvement
Area 2 and to set the time and place for a public hearing to consider: approval of the modification of the RMA.
The Resolution of Consideration also includes adoption of the modified CFD No. 16-1 boundary map and
approval of an amendment to the Advance Deposit Agreement so that funds advanced to the City by the
Developer to cover the Change Proceedings will be eligiibile for reimbursement or credit pursuant to the
Advance Deposit Agreement.
The public hearing and consideration of the adoption of a resolution modifying the RMA for Improvemen),
Area No. 2 is scheduled for the City Council meeting of February 18, 20i2O at 5:00 P.M.
DECISION -MAKER CONFLICT"
Staff has reviewed the property holdings of the City Council members and has found no property holdings
within 1,OOiO feet of the boundaries of the property which is the subject of this action. Consequently, this item
does not present a disqualifying real property -related financial conflict of interest under California Code of
Regulations Title 2, section 187022(a)(7) or: (8), for purposes of the Political Reform Act (Cal. Goiv't Code
§8�7100, et
Staff 'is not independently aware, and has not been informed by any City Council member, of any other fac)
that may constitute a basis for a decision -maker: conflict of: interest in this matter
M"IMPAN M�
In the current year', all costs associated with the chane proceeding (inc:luding staff time and consulta
gnt
i
services) are covered by a Developer funds which have been deposited in accordance with the Advance
Deiposit Agreement. The City will recover the full cost of staff time expended in District administration
activities for: the entire term of the special taX2, resulting in no net fiscal 'Impact to the General Fund or
Development Services Fund.
ONGOING FISCAL IMPACT
In future years, the City will recover the full cost of staff: time expended in administrative for the entire term
*f the special tax, resultinin no net fiscal impact to the General Fund or Development Service
gs Fund.
2The special tax will be levied as long as necessary to meet the Special Tax Requirement, as defined in the RMA, but in
any event not after Fiscal Year 2059-2060.
2020-01-07 Agenda Packet, Page 8,4 of 179
ATTAC14MENTS
1. CFD No. 16-1 Project Map
2. Amended and Restated Rate and Method of Apportionment of Special Tax, Community Facilities
District No. 16-1 (Millenia) Improvement Area No. 2
3. Proposed Amended Boundary Map of Community Facilities District No. 16-1 (Millenia)
4. First Amendment to Community Facilities District Advance Deposit and Reimbursement Agreement
Community Facilities District No. 16-1 (Millenia)
2020-01-07 Agenda Packet,
wm���
ACTING AS ,
DISTRICT TERRITORY
IMPROVEMENT AREA NO. 2 OF COMMUNITY FACILITIES DISTRICT
NO. 16-1 (MILLENIA) D DECLARING ITS INTENTION TO CONSIDER
CHANGES TO THE RATE AND METHODOF APPORTIONMENT
AUTHORIZEDSPECIAL TAXES TO BE LEVIED WITHIN IMPROVEMENT
. • !,
r
WHEREAS, the qualified electors of each Improvement ent area of the District, voting in a
special election held on September 13, 2016, approved the authorization to levy special taxes
within each Improvement area pursuant to a separate rate and method of apportionment of such
special taxes or each Improvement p
rovement Area (the rate and method of apportionment of special tapes
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, SLF Iv-
Millenia, ITC (the "Developer"', the master developer of the property within the District, has
requested that the City Council, acting as the legislative body of the District, initiate proceedings
to consider modifications to (a) delete certain commercial property from Improvement Area No.
2 and (b) the Existing Improvement Area No. 2 RMA (the "Change Proceedings"); and
WHEREAS, the Developer and the City entered into that certain Community Facilities
District Advance Deposit and Reimbursement Agreement Community .Facilities District No. 16-1
(Millenia) on December 30, 2015 (the "Advance Deposit Agreement") wherein the Developer
agreed to advance funds to the City for the payment of all initial consulting and administration
costs and expenses related to the proceedings to consider the formation of the District and to
subsequently authorise, issue and sell bonds for the District (the "Proceedings"); and
WHEREAS, the Developer and the City desire to amend the Advance Deposit
Agreement to include the 'Clearage Proceedings and any future changes to the definition of
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2020-01-07 Agenda Packet, gage 86 of 179
Proceedings and there has been presented to this City Council a form of First Amendment to the
Advance Deposit and Reimbursement Agreement (the "Amended Advance Deposit
Areement"); and
g
WHEREAS, the modified Improvement Area No. 2 is shown on an amended boundar
map of Improvement Area No. 2, a copy of which is on file in the office of the City Clerk (th
"Improvement Area No. 2 Amended Boundary Map"); and I
WHEREAS,i this City Council desires to ate such proceedins and to set the time and
g
place for aring on this Resolution.
public hea *
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CHULA VISTA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 16-1 (MILLENIA), AS FOLLOWS. -
SECTION 1. Recitals. The above recitals are all true and correct.
SECTION 2. Amended Boundaries of Improvement AreaThe Improvement
Area No. 2 Amended Boundary Map designated as "Amended Boundary Map of Community
Facilities District No. 16-1 (Millenia) City of Chula Vista, County of San Diego, State of
California" showing the amended boundaries of the territory included in Improvement Area No.
2 of the District is hereby approved and adopted.
A certificate shall be endorsed on the original and on at least one (1) copy of the
Improvement Area No. 2 Amended Boundary Map, evidencing the date of adoption of this
Resolution, and within fifteen (15) days after the adoption of this Resolution, a copy of such map
shall be filed with the correct and proper endorsements thereon with the County Recorder of the
County of San Diego, all in the manner and form provided for in Sections 3110 and 3113 of the
Streets and Highways Code of the State of California.
SECTION 3. Descri,p,ti,,o,n,,,,,,,,,,,, of Area to be Affected. The area to be affected by the
proposed modifications to the Existing Improvement Area RMA, if approved, is all of
Improvement Area No. 2 of the District as shown on the improvement Area No. 2 Amended
Boundary Map.
SECTION 4. Declaration of Intention to Consider the Modification of the Existin
Improvement Area No. 2 RMA. This City Council hereby declares, its intention to consider
modification of 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 5. Amended Advance Deposit Agreement. The form of Amended Advance
Deposit Agreement that has been presented to this City Council is hereby approved. The City
M anager is hereby authorized to execute such agreement for and on behalf of the City and the
District with such changes thereto as such officer, following consultation with the City Attorney
and Best Best & Kriger LLP, deems to be in the interests of the City and the District.
SECTION 6. Notice of Public Hearin NOTICE IS HEREBY GIVEN that on
2020-01-07 Agenda Packet, Page 8,7 of 179
February 18, 2020, at the hour of 5:00 o'clock p.m. in the regular meeting place of the legislative
body, being the Council Chambers, City Hall, located at 276 Fourth Avenue, Chula Vista,
California, a hearing will be held to consider this Resolution and to consider the approval of the
modification of the Existing Improvement Area No. 2 RMA. At the time and place fixed for said
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
Improvement Area No. 2 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) 50% or more of the registered voters, or six (6) registered voters, whichever is
more, residing within Im-orovement Area No. 2, or (b) owners of one-half or more of the area of
land in the territory included in Improvement Area No. 2, file written protests against the
proposed modification of the Existing Improvement Area No. 2 RMA 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
proposed modification of the Existing Improvement Area No. 2 RMA.
SECTION 7. Election. If, following the public hearing described in Section 5, the City
Council determines to approve the modification of the Existing Improvement Area No. 2 RMA,
the City Council shall then submit such modification to the qualified electors of Improvement
Area No. 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 hearing, 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 landowner or the authorized representative thereof, having one (1)
vote for each acre or portion of an acre of land owned within Improvement Area No. 2.
SECTION 8. Publication of Notice. Notice of the time and place of the public hearing
Z7)
shall be given by the City Clerk by publishing a notice of public hearing in a legally designated
newspaper of general circulation, said publication pursuant to Section 6061 of the Government
Code, with said publication to be completed at least seven (7) days prior to the date set for the
public hearing.
Presented by Approved as to form by
Kelly G. Broughton, FASLA Glen R. Googins
Director of Developmental Services City Attorney
2020-01-07 Agenda Packet, Page 8,8 of 179
2020-01-07 Agenda Packet, Page 8,9 of 179
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2020-01-07 Agenda Packet, gage 90 of 179
AMENDED AND RESTATED
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
COMMUNITY FACILITIES DISTRICT NOi. 16-1 (MILLENIA)
IMPROVEMENT AREA NO. 2
A Special Tax shall be levied on all Taxable Property within the boundaries of Improvement Area No. 2
of Community Facilities District No. 16-1 (1` illenia) ("IA2") and collected each Fiscal Year commencing
in Fiscal Year 2019-20�, in an amount determined by the CFD Administrator through the application of the
procedures described below. All of the real property within IA2, unless exempted by law or by the
provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.
1. 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 Map. An Acre means 43,560 square feet of land. If the preceding maps for a land area are not
available, the Acreage of such land area shall be detennined by the City Engineer.
"Act" means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part I
*f Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expense Requirement" means an annual amount equal to $75,000, or such lesser
amount as may be designated by written instruction from an authorized representative of the City to the
Fiscal Agent, to be allocated as the first priority of Special Taxes received, each Fiscal Year for the
payment of Administrative Expenses.
"Administrative Expenses" means the following actual or reasonably estimated costs related to the
administration of IA2 including, but not limited to: the costs of preparing and computing the Annual
Special Tax (whether by the City or designee thereof or both); the costs of collecting the Special Taxes
(whether by the City, the County or otherwise); the costs of remitting the Special Taxes to the Fiscal
Agent; the costs of the Fiscal Agent (including its legal counsel) in the discharge of the duties required of
it under the Fiscal Agent Agreement; the costs to the City, CFD No. 16-1, or any designee thereof
complying with arbitrage rebate requirements, including without limitation rebate liability costs and
periodic rebate calculations; the costs to the City., CFD No. 16-1, or any designee thereof complying with
disclosure or reporting requirements, of the City or CFD No. 16-1, associated with applicable federal and
State laws; the costs associated with preparing Special, Tax disclosure statements and responding to public
inquiries regarding the Special Taxes; the costs to the City, CFD No. 16-1, or any designee thereof related
to an appeal of the Special Tax; and the City's annual administration fees and third party expenses.
Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 16-1
for any other administrative purposes of CFD No. 16-1, including attorney's fees and other costs related to
commencing and pursuing any foreclosure of delinquent Special Taxes.
"Annual Special Tax" means the Special Tax actually levied in any Fiscal Year on any Assessor's
Parcel..
"Assessor" means the Assessor of the County of San Diego.
"Assessor"s Parcel" means a lot or parcel shown on an Assessor's Parcel Map with an assigned
Assessor's Parcel Number.
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2020-01-07 Agenda Packet, Page 91 of 179
"Assessor's Parcel Map" means an official map of the Assessor designating parcels by Assessor's Parcel
Number.
"Assessor's Parcel Number"' means the number assigned to an Assessor's Parcel by the County for
purposes of identification.
"Assigned Special Tax" means the Special Tax of that name described in Section 3.A below.
"Backup Special Tax" means the Special Tax of that name described in Section 3.B below.
"Bonds" means any bonds or other debt of CFD No. 16-1 issued or incurred for IA2, whether in one or
more series, secured by the levy of Special Taxes.
"Building Permit"' means a building permit for construction of a Residential Unit or non-residential
structure within IA2 issued by the City.
"Building Square Footage" means all of the square footage of living area within the perimeter of a
residential structure, not including any carport, walkway, garage, overhang, or similar area. The
determination of Building Square Footage shall be made by the CFD Administrator by reference to the
Building Permit(s) issued for such Assessor's Parcel and/or by reference to appropriate records kept by
the City. Building Square Footage for a Residential Unit will be based on the Building Permit(s) issued
for such Residential Unit prior to it being classified as, Occupied Residential Property, and shall not
change as a result of additions or modifications made to such Residential Unit after such classification as
Occupied Residential Property.
"Calendar Year" means the period commencing January I of any year and ending the following
December 3 1.
"CFD Administrator" means an authorized representative of the City, or designee thereof, responsible
for determining the Special Tax Requirement, for preparing the Annual Special Tax roll and/or
calculating the Backup Special Tax.
"CFD No. 16-1" means the Community Facilities District No. 16-1 (Millenia).
"City" means the City of Chula Vista, California.
"City Council" means the City Council of the City acting as the legislative body of CFD No. 16-1 under
the Act.
"Condominium" means a unit, whether attached or detached, meeting the statutory definition of a
condominium contained in the California Civil Code Section 4285.
"County" means the County of San Diego, California.
"Debt Service" means for each Fiscal Year, the total amount of principal and interest payable on any
Outstanding Bonds during the Calendar Year commencing on January I of such Fiscal Year.
"Developed Property" means for each Fiscal Year, all Taxable Property, exclusive of Provisional
Property, for which a Building Permit was issued prior to March I of the previous Fiscal Year. An
Assessor's Parcel classified as Developed Property but for which the Building Permit that caused such
Assessor's Parcel to be classified as Developed Property has been cancelled and/or voided prior to the
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2020-01-07 Agenda Packet, Page 92 of 179
Fiscal Year for which Special Taxes are being levied shall be reclassified as Undeveloped Property,
provided that the levy of the Annual Special Tax after such reclassification shall not be less than 1. 1 times
the annual Debt Service less Administrative Expenses on all Outstanding Bonds. If Bonds have not been
issued, an Assessor's Parcel classified as Developed Property for which such a Building Permit has been
cancelled and/or voided shall be reclassified as Undeveloped Property.
"Development Agreement" means that certain Development Agreement by and between the City of
Chula Vista and McMillin Otay Ranch LLC adopted October 6, 2009 and recorded with the County of
San Diego's Recorder's office on October 27, 2009 as Document Number 2009-0595116, as may be
amended and/or supplemented from time to time.
"Exempt Property" means for each Fiscal Year, all Assessor's Parcels designated as being exempt from
Special Taxes pursuant to Section 5 below.
"Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line
adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or
recordation of a condominium plan pursuant to California Civil Code 4285 that creates individual lots for
which Building Permits may be issued without further subdivision.
"Fiscal Year" means the period starting on July I and ending the following June 30.
"Fiscal Agent" means the fiscal agent, trustee, or paying agent under the Fiscal Agent Agreement.
"Fiscal Agent Agreement" means the fiscal agent agreement, indenture, resolution or other instrument
pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and
any instrument replacing or supplementing the same.
"IA2" means Improvement Area No. 2 of CFD No. 164.
"Land Use Class" means any of the classes listed in Table I or 2 under Section 3Abelow.
Note: Land Uses Class is not in reference to a property's zoning designation.
"Lot(s)" means an individual legal lot created by a Final Map for which a building permit for residential
construction has been or could be issued. Notwithstanding the foregoing, in the case of an individual
legal lot created by such a Final Map upon which Condominiums are entitled to be developed, the number
of Lots allocable to such legal lot for purposes of calculating the Backup Special Tax applicable to such
Final Map shall equal the number of Condominiums which are permitted to be constructed on such legal
lot as shown on such Final Map.
"Master Developer" means SLF W-Millenia, LLC or its successors or assignees as defined in the
Development Agreement.
"Maximum Special Tax" means for each Assessor's Parcel, the maximum. Special Tax, determined in
accordance with Sections 3 .0 and 3.1) below, which may be levied in a given Fiscal Year on such
Assessor's Parcel of Taxable Property.
"Non -Residential Property" means all Assessor's Parcels of Developed Property for which a Building
Permit has been issued for the purpose of constructing one or more non-residential units or structures.
"Occupied Residential Property" means all Assessor Parcels of Residential Property for which title is
held by an end user (homeowner).
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2020-01-07 Agenda Packet, Page 93 of 179
"Outstanding Bonds" means all Bonds which are deemed to be outstanding under the Fiscal Agent
Agreement.
"Prepayment Amount" means the amount required to prepay the Special Tax Obligation in fU for an
Assessor's Parcel as described in, Section 8.A below.
"Property Owner Association Property" means any Assessor's Parcel within the boundaries of IA2
owned in fee by a property owner association, including any master or sub -association.
"Proportionately" or "Proportionate" means for Developed Property., that the ratio of the actual Special
Tax levy to the applicable Assigned Special Tax or Backup Special Tax is equal for all Assessor's Parcels
of Developed Property. For Undeveloped Property, "Proportionately" means that the ratio of the actual
Special Tax levy per Acre to the Maximum Special Tax per Acre is equal for all Assessor's Parcels of
Undeveloped Property. "Proportionately" may similarly be applied to other categories of Taxable
Property as listed in Section 3 below.
"Provisional Property" means all Assessor's Parcels of Public Property, Property Owner Association
Property or property that would otherwise be classified as Exempt Property pursuant to the provisions of
Section 5, but cannot be classified as Exempt Property because to do so would reduce the Acreage of all
Taxable Property below the required minimum Acreae as seoe
t frth in S
gction 5.
"Public Property" means any property within the boundaries of IA2, which is owned by, or irrevocably
offered for dedication to the federal government, the State of California, the County, the City or any other
public agency; provided however that any property owned by a public agency and leased to a private
entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance
with its use.
"Residential Property" means all Assessor's Parcels of Developed Property for which a Building Permit
has been issued for the purpose of constructing one or more Residential Units.
"Residential Unit" means each separate residential dwelling unit that comprises an independent facility
capable of conveyance or rental, separate from adjacent residential dwelling units.
"Special Tax" means any special tax levied within IA2 pursuant to the Act and this Amended and
Restated Rate and Method of Apportionment of Special Tax.
"Special Tax Obligation" means the total obligation of an Assessor's Parcel of Taxable Property to pay
the Special Tax for the remaining life of IA2.
"Special Tax Requirement" means that amount required in any Fiscal Year to: (i) pay regularly
scheduled Debt Service on all Outstanding Bonds; (ii) pay periodic costs on the Outstanding Bonds,
including but not limited to, credit enhancement and rebate payments on the Outstanding Bonds.; (iii) pay
Administrative Expenses; (iv) pay any amounts required to establish or replenish any reserve funds for all
Outstanding Bonds; (v) accumulate funds to pay directly for acquisition or construction of facilities
provided that the inclusion of such amount does not cause an increase in the Special, Tax to be levied on
Undeveloped Property; and (vi) pay for reasonably anticipated delinquent Special Taxes based on (a) the
average delinquency rate for special taxes levied in the previous Fiscal Year in all community facilities
districts within the portion of the City commonly known as Otay Ranch for the first Fiscal Year in which
Special Taxes are levied and (b) the delinquency rate for Special Taxes levied in the previous Fiscal Year
within IA2 for all subsequent Fiscal Years in which Special Taxes are levied; less (vii) a credit for funds
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2020-01-07 Agenda Packet, Page 94 of 179
available to reduce the Annual Special Tax levy, as determined by the CFD Administrator pursuant to the
Fiscal Agent Agreement.
"State"' means the State of California.
"Taxable Property" means all of the Assiessioir's Parcels within, the boundaries of CFD, which are not
exempt from, the levy of the Special Tax pursuant to law or Section 5 below.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed
Property or Provisional Property.
"Zone A" means the specific geographic area designated as such within IA 2 and as depicted in Exhibit A
attached hereto.
"Zone B" means the specific geographic area designated as such within IA2 and as depicted in Exhibit A
attached hereto.
2. LAND USE CLASSIFICATION
Each Fiscal Year, beginning with Fiscal Year 2019-20, each Assessor's Parcel within IA2 shall be
classified as Taxable Property or Exempt Property. in addition, all Taxable Property shall further be
classified as Developed Property, Undeveloped Property or Provisional Property, and all such Taxable
Property shall be subject to the levy of Special Taxes in accordance with this Amended and Restated Rat,*
and Method of Apportionment of Special Tax determined pursuant to Sections 3 and 4 below.
Furthermore, each Assessor"s Parcel of Developed Property shall be classified according to its applicab�c
Land Use Class based on its Building Square Footage.
For Assessor's Parcels of Non -Residential Property developed with Condominiums (e.g., office or
industrial condos), the Acreage applicable to each such Condominium for purposes of levying Special
Taxes shall be computed from the Acreage of the 'legal lot created by the Final Map upon which such
Condominiums are entitled to be developed, with the Acreage of such lot allocated to each Condominium
on a pro -rata basis using the building square footage of such Condominium relative to the total building
square footage of all Condominiums entitled to be developed on such lot. The determination of Building
Square Footage for each non-residential Condominium shall be made by reference to the applicable
Building Permit, and to the extent a Building Permit has not been issued for all Condominiums to be
located on the applicable legal lot, the Building Square Footage attributable to any such Condominiums
shall be determined from the recorded condominium plan, or applicable site plan, plot plan, or other
appropriate records kept by the City as reasonably determined by the CFD Administrator. In the event the
City takes ownership of a Condominium within IAA and such property in all other respects meets the
definition of Public Property as set forth in Section 1, such property shall be exempt from Special taxes
pursuant to Section 5.
In the event a Building Permit is issued for one or more residential Condominiums prior to March 1, of the
previous Fiscal Year and an Assessor's Parcel Number has not yet been assigned to each such
Condominium for the current Fiscal Year, the applicable Assessor's Parcel may be classified as both
Developed Property and Undeveloped Property. In such an instance, the Special Taxes levied on such
Assessor's Parcel shall, be the sum of the amount derived from the following Cid' applying the Assigned
Special Tax applicable to each Condominium for which a Building Permit was issued prior to March I of
the previous Fiscal Year and (ii) levying the acreage allocable to such actual or planned Condominiums
for which a Building Permit has not been issued prior to March I of the previous Fiscal Year as
Undeveloped Property; the allocable acreage shall 'be computed on a pro -rata basis based on the relative
2020-01-07 Agenda Packet, Page 95 of 179
number of remaining Condominiums to the total number of Condominiums entitled to be developed on
such Assessor's Parcel. The total number of Condominiums entitled to be developed on the applicable
Assessor's Parcel shall be determined from the recorded condominium map, condominium plan,
applicable site plan, plot plan, or other appropriate records kept by the City as reasonably determined by
the CFD Aiministrztor.
3. SPECIAL TAX RATES
A. Assigned Special Tax for Developed Property
The Assigned Special Tax applicable to an Assessor's Parcel classified as Developed Property
commencing Fiscal Year 2019-20 shall be determined pursuant to Table I or 2 below, as
applicable.
Table I
Assigned Special Tax Rates for
Developed Property within Zone A
Land Use
Land Use
Building Square
Assigned
Class
Type
Footage
Special I ax
2
Residential Property
< 1,450
443.24 per
Residential Unit
2
Residential Property
> L450
$11,727.65 per
Residential Unit
3
Non -Residential Property
N/A
56,3+7.25 per Acre
Table 2
Assigned Special Tax Rates for
Developed Property within Zone B
,and Use
Class,
Land Use
Te
yp
Building Square
Fo 0
Assigned
I ri_1m
�eciai ax
I
Residential Property
N/A
$6,367.25 per Acre
2
Non -Residential Property
N/A
$6,,367.25 per Acre
On each July 1, commencing July 1, 2020, the Assigned Special Tax for Developed Property
shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
B. Backup Special Tax for Developed Property
When a Final Map or a condominium plan is recorded within Zone A. or Zone B the Backup
Special Tax for Assessor's Parcels of Developed Property classified as Residential Property shall
b` "i as follows:
2020-01-07 Agenda Packet, Page 96 of 179
Inn A
For each Assessor's Parcel of Residential Property or for each Assessor's Parcel of Undeveloped
Property to be classified as Residential Property upon its development within the Final Map area
in Zone A. the Backup Special Tax for Fiscal Year 2019-20 shall be the rate per Lot calculated
according to the following formula:
7nnp A
$42,148 x A
B------------------------
L
The terms have the following meanings,:
B — Backup Special Tax per Lot
A — Acreage classified or to be classified as Residential Property in such Final Map.
The land area applicable to a Condominium shall be computed from the Acreage
of the Lot on which the Condominium is located, with the Acreage for such Lot
allocated equally among all of the Condominiums located or to be located on
such Lot.
L — For a Final Map, the number of Lots which are classified or to be classified as
Residential Property,
ri fil I I M
For each Assessor's Parcel of Developed Property classified as Non -Residential Property or for
each Assessor's Parcel of Undeveloped Property to be classified as Non -Residential Property
within the Final Map area, the Backup Special Tax for Fiscal Year 2019-20 shall be determined
by multiplying $42,14,8 for Zone A and $7,075 for Zone Bi by the total Acreage of any such
Assessor's Parcel. For each Assessor's Parcel of Developed Property classified as Residential
Property or for each Assessor's Parcel of Undeveloped Property to be classified as Residential
Property in Zone B within the Final Map area, the Backup Special Tax for Fiscal Year 2019-20
shall be determined by multiplyi$7,075 by the total Acreage of any such Assessor's Parce
ng l.
Notwithstanding the foregoing, if Assessor's Parcels of Residential Property, Non -Residential
Property or Undeveloped Property for which the Backup Special Tax has been determined are
subsequently changed or modified by recordation of a new or amended Final Map, then the
Backup Special Tax applicable to such Assessor's Parcels shall be recalculated to equal the total
amount of Backup Special Tax that would have been generated if such change did not take place.
On each July 1, commencing July 1, 2020, the Backup Special Tax applicable to each Assessor's
Parcel. of Taxable Property shall be increased by two percent (2.00%) of the amount in effect in
the prior Fiscal Year.
2020-01-07 Agenda Packet, Page 97 of 179
co Maximum ST W*MW W.
Each Fiscal Year, the Maximum Special Tax for an Assessor's Parcel of Developed Property
shall be the greater of the applicable Assigned Special Tax or Backup Special Tax.
D. Maximum Special Tax for Provisional Property and Undeveloped Property
The Maximum Special Tax for Provisional Property and Undeveloped Property commencing in
Fiscal Year 2019-20 shall be $42,148 per Acre for Zone A and $7,075 per Acre for Zone B.
On each july 1, commencing july 1, 2020, the Maximum Special Tax for Provisional Property
and Undeveloped Property shall be increased by two percent (2.010%) of the amount in, effect in
the prior Fiscal Year.
E. 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 only
be levied on the Residential Property Land Use Class, located on such Assessor's Parcel.
F. Administrative Special Tax Reduction
Prior to the issuance of Bonds, the Assigned Special Tax, Backup Special Tax, and Maximum
Special Tax (collectively the "Special Tax Rates") on Taxable Property may be reduced in
accordance with, and subject to the conditions set forth in this paragraph. Upon the City's receipt
of a written request from Master Developer and the CFD Administrator, the Special Tax Rates on
Taxable Property may be reduced to a level which will provide not less than the sum of estimated
Administrative Expense Requirement and one hundred ten percent (110%) of the estimated debt
service with respect to the amount of Bonds requested to be issued in such written request. If it is
reasonably determined by the CFD Administrator that the total effective tax rate on Residential
Property, as determined in accordance with the Development Agreement, exceeds the maximum
level allowed in the Development Agreement., the Special Tax Rates may be reduced to the
amount necessary to satisfy the maximum allowable effective tax rate requirement on Residential
Property with the written consent of Master Developer, which consent shall not be unreasonably
withheld, and the CFD Administrator. It shall not be required that reductions among each
"Building Square Footage" range of Residential Property be proportional. Additionally, the
"CFD Public Facilities Costs" amount in Section 8 shall be reduced commensurate with any
reductions to the Special Tax Rates pursuant to this paragraph, as reasonably determined by the
CFD Administrator. A certificate in substantially the form attached hereto as Exhibit "B" shall be
used for purposes of evidencing the required written consent and effectuating the reduction to the
Special Tax Rates. The reductions permitted pursuant to this paragraph shall be reflected in an
amended Notice of Special Tax Lien which the City shall cause to be recorded.
1'.
METHOD OF APPORTIONMENT
For each Fiscal Year, commencing Fiscal Year 2019-20, the CFD Administrator shall levy the Special
Tax on all Taxable Property in accordance with the following steps:
Step 1:, The Special. Tax shall be levied Proportionately on each Assessor's Parcel of Developed
Property at up to 100% of the applicable Assigned Special Tax to satisfy the Special Tax
Requirement,
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2020-01-07 Agenda Packet, Page 98 of 179
St : If additional monies, are needed to satisfy the Special Tax Requirement after Step I has
been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of
Undeveloped Property up to 100% of the Maximum Special Tax for Undeveloped Property;
Step 3-. If additional monies are needed to satisfy the Special Tax Requirement after the first two
steps have been completed, then the Special Tax amount determined in Step I shall be increased
Proportionately on each Assessor's Parcel of Developed Property up to 100% of the Maximum
Special Tax for Developed Property;
St : If additional monies are needed to satisfy the Special Tax Requirement after the first
three steps have been completed, then the Special Tax shall be levied Proportionately on each
Assessor's Parcel of Provisional Property up to 100% of the Maximum Special Tax for
Provisional Property.
Notwithstanding the above, under no circumstances will the Special Tax levied in any Fiscal Year against
any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use
has been issued be increased as a result of a delinquency or default in the payment of the Special Tax
applicable to any other Assessor's Parcel within IA 2 by more than ten percent (10%) above what would
have been levied in the absence of such delinquencies, or defaults.
5. EXEMPTIONS
■
011 Ito I
If the use of an Assessor's Parcel of Exempt Property changes sothat such Assessor's Parcel is no longer
classified as one of the uses set forth in the first paragraph of Section 5 above that would make such
Assessor's Parcel eligible to be classified as Exempt Property, such Assessor's Parcel shall cease to be
classified as Exempt Property and shall be deemed to be Taxable Property.
6. APPEALS
Any landowner who pays the Special Tax and claims the amount of the Special Tax levied on his or her
Assessor's Parcel is in error shall first consult with the CFD Administrator regarding such error not later
than thirty-six (3 6) months after first having paid the first installment of the Special Tax that is disputed.
If following such consultation the CFD Administrator determines that an error has occurred, then the
CFD Administrator shall take any of the following actions, in order of priority, in order to correct the
error:
(i), Amend the Special Tax levy on the landowner's Assessor's Parcel(s) for the current
Fiscal. Year prior to the payment date,
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2020-01-07 Agenda Packet, Page 99 of 179
(ii) Require the CFD to reimburse the landowner for the amount of the overpayment to the
extent of available CFD funds, or
(iii) Grant a credit against, eliminate or reduce the future Special Taxes on the landowner's
Assessor's Parcel(s) in the amount of the overpayment.
If, following such consultation and action by the CFD Administrator, the landowner believes such error
still exists, such person may file a written notice of appeal with the City Council. Upon the receipt of
such notice, the City Council or designee may establish such procedures as deemed necessary to
undertake the review of any such appeal. If the City Council or designee determines an error still exists,
the CFD Administrator shall take any of the actions described as (i), (ii) and (iii) above, in order of
priority, in order to correct the error.
The City Council or designee thereof shall interpret this Amended and Restated Rate and Method of
Apportionment of Special Tax for purposes of clarifying any ambiguities and make determinations
relative to the administration of the Special Tax and any landowner appeals. The decision of the City
Council or designee shall be final and binding as to all persons.
Irlarfro-OXI
Collection of the Annual Special Tax shall be made by the County in the same manner as ordinary ad
valorem property taxes are collected and the Annual Special Tax shall be subject to the same penalties
and the same lien priority in the case of delinquency as ad valorem taxes; provided, however, that the City
Council may provide for (i) other means of collecting the Special Tax, including direct billings thereof to
the property owners; and (ii) judicial foreclosure of delinquent Annual Special Taxes.
A. Prepayment in Full
Property owners may prepay and permanently satisfy the Special Tax Obligation by a cash
settlement with the City as permitted under Government Code Section 53344. The following
definitions apply to this Section 8:
"CFD Public Facilities Costs" means $11,500,,000 or such lower number as (i) shall be
determined by the CFD Administrator as sufficient to acquire or construct the facilities to be
financed under the Act and financing program for IA2, or (ii) shall be determined by the City
Council concurrently with a covenant that it will not issue any more Bonds (except refunding
bonds).
"Construction Fund" means the fund (regardless of its name) established pursuant to the Fiscal
Agent Agreement to hold funds, which are currently available for expenditure to acquire or
construct the facilities or pay fees authorized to be funded by CFD No. 16-1 for IA2.
"Future Facilities Costs" means the CFD Public Facilities Costs minus (i) costs previously paid
from the Construction Fund to acquire or construct the facilities, (ii) monies currently on deposit
in the Construction Fund, and (iii) monies currently on deposit in an escrow or other designated
fund that are expected to be available to finance CFD Public Facilities Costs.
2020-01-07 Agenda Packet, Page 100 of 179
"Outstanding Bonds" means all Previously Issued Bonds, which remain outstanding as of the
first interest and/or principal payment date following the current Fiscal Year excluding Bonds to
be redeemed at a later date with proceeds of prior Special Tax prepayments.
"Previously Issued Bonds"' means all Bonds that have been issued prior to the date of
prepayment.
The Special Tax Obligation applicable to an Assessor's Parcel of Developed Property, or
Undeveloped Property for which a Building Permit has been issued may be prepaid and the
obligation to pay the Special Tax for such Assessor's Parcel permanently satisfied as described
herein, provided that a prepayment may be made with respect to a particular Assessor's Parcel
only if there are no delinquent Special Taxes with respect to such Assessor's, Parcel at the time of
prepayment. An owner of an Assessor's Parcel eligible to prepay the Special Tax Obligation
shall provide the CF'D Administrator with written notice of intent to prepay,, and designate or
identify the company or agency that will be acting as the escrow agent, if any. The CFD
Administrator shall provide the owner with a statement of the Prepayment Amount for such
Assessor's Parcel within thirty (30) days of the request, and may charge a reasonable fee for
providing this service. Prepayment must be made at least 60 days prior to any redemption date
for the Bonds to be redeemed with the proceeds of such prepaid Special Taxes, unless a shorter
period is acceptable to the Fiscal Agent and the City.
The Prepayment Amount (defined below) shall be calculated, for each applicable Assessor's
Parcel or group of Assessor's Parcels as summarized below (capitalized terms, as defined below):
Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Prepayment Amount
plus Defeasance Amount
plus Prepayment Administrative Fees and Expenses
less Reserve Fund Credit
less Capitalized Interest Credit
Total,: equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount (defined in Step 14 below) shall
be calculated as follows:
n=
1. Coinfirm that no Special ply to such Assessor's Parcel
2. For Assessor's Parcels of Developed Property, determine the Maximum Special Tax. For
Assessor's Parcels of Undeveloped Property for which a Building Permit has been issued,
compute the Maximum Special, Tax for that Assessor's Parcel as though it was already
designated as Developed Property, based upon the Building Permit which has already
been issued for that Assessor's Parcel.
3. Divide the Maximum Special, Tax computed pursuant to paragraph 2 'by the total
expected Maximum Special Tax revenue for IA2 assuming all Building Permits have
been issued (build -out) within IA2, excluding any Assessor's Parcels for which the
Special Tax Obligation has been. previously prepaid.
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2020-01-07 Agenda Packet, Page 101 of 179
4. Multiply the quotient computed pursuant to paragraph 3 by the outstanding Bonds and
round that number up to the nearest $5,000 increment to compute the amount of
Outstanding Bonds to be retired and prepaid for all applicable Assessor's Parcels (the
"Bond Redemption Amount").
5. Multiply the Bond Redemption. Amount computed pursuant to paragraph 4 by the
applicable redemption premium (expressed as a percentage), if any, on the outstanding
Bonds to bere same at the first available call
"Redemption .ate(the I.e em tion P"remiurn").
6. Compute the Future Facilities Costs.
7. Multiply the quotient computed pursuant to paragraph 3 by the amount determined
pursuant to paragraph 6 to compute the amount of Future Facilities Costs to be prepaid
(the "Future Facilities Prepayment Amount").
8. Compute the amount needed pay intereston the Bond Redemption Amount from
first iii interest and/orprincipal -payment date • o - - .I -
r expected
rriredemptionr for - i....... i! depending -
�11r
Fiscal
Agent
Agreement,
r.r r. be
as early , r next
interest
rpayment date.
9. Compute . amount - CFD Administrator reasonably expects derive
r r
reinvestment
,r o r Prepayment • I o less
r Future Facilities
Ir. Prpar.I Amount
i the Prepayment+ it date of prepayment
redemption date for the Outstanding Bonds to
it redeemed r prepayment.
10. Subtract the amount computed in paragraph 9 from the amount computed in paragraph
(the "Defeasance Amount").
11. Calculate the administrative fees and expenses of CFD No. 16-1 for IAA, including the
costs of computation of the prepayment, the costs to invest the prepayment proceeds, the
costs of redeeming the outstanding Bonds to be .redeemed with the prepayment, and the
costs of recording any notices to evidence the prepayment and the redemption (the
"Prepayment Administrative Fees").
12. if reserve funds for the outstanding Bonds, if any, are at or above 100% of the reserve
requirement (as defined in the Fiscal .Agent Agreement) on the prepayment calculation
date, a reserve fund credit shall be calculated as a reduction in the applicable reserve fund
for the outstanding Bonds to be redeemed pursuant to the prepayment (the "Reserve
Fuad Credit"). No Reserve Fuad Credit shallbe granted if, after the Prepayment Amount
is calculated, reserve funds are below 100% of the reserve requirement after taking into
account such prepayment.
1.3. If any capitalized interest for the outstanding Bonds will not have been expended at the
time of the first interest and/or principal payment following the current Fiscal Year, a
capitalized interest credit shall be calculated by multiplying the quotient computed
pursuant to paragraph 3 by the expected balance in the capitalized interest fund after such
first interest and/or principal payment (the "Capitalized Interest Credit"').
14. The amount to prepay the Special Tax obligation is equal to the sum of the amounts
computed pursuant to paragraphs 4, 5, 7, 10, and 11, less the amounts computed pursuant
to paragraphs 12 and 1.3 (the "Prepayment Amount"').
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2020-01-07 Agenda Packet, Page 102 of 179
15. From the Prepayment Amount, the sum of the amounts computed pursuant to paragraphs
4, 5, and 10, less the amounts computed pursuant to paragraphs 12 and 13 shall be
deposited into the appropriate fund as established under the Fiscal Agent Agreement and
be used to retire Outstanding Bonds or make Debt Service payments. The amount
computed pursuant to paragraph 7 shall be deposited into the Construction Fund. The
amount computed pursuant to paragraph 11 shall be retained by CFD No. 16-1.
The Prepayment Amount may be sufficient to redeem an amount other than a $5,00:0: increment of
Bonds. in such cases, the increment above $5,000 or integral multiple thereof will be retained in
the appropriate fund established under the Fiscal Agent Agreement to redeem Bonds to be used
with the next prepayment of Bonds.
The CFD Administrator will confirm that all previously levied Special Taxes have been paid in
full. With respect to any Assessor's Parcel for which the Special Tax Obligation is prepaid in
full, once the CFD Administrator has confirmed, that all previously levied Special Taxes have
been paid, the City Council shall cause a suitable notice to be recorded in compliance with the
Act, to indicate the prepayment of the Special Tax Obligation and the release of the Special Tax
lien on such Assessor's, Parcel, and the obligation of the owner of such Assessor's Parcel to pay
the Special Tax shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the aggregate
amount of Maximum Special Taxes less the Administrative Expense Requirement that may be
levied on Taxable Property, respectively, after the proposed prepayment is at least 1. 1 times the
Debt Service on all Outstanding Bonds in each Fiscal Year.
B. Partial Prepayment
The Special Tax on an Assessor's Parcel of Developed Property or Undeveloped Property for
X W1
which a Bung Permit has been issued may be partially prepaid. The amount of the
prepayment shall 'be calculated as in Section 8.A.; except that a partial prepayment shall be
calculated according to the following formula-.
These terms have the following meaning:
PP — the partial prepayment
PE — the Prepayment Amount calculated according to Section 8.A
F = the percentage by which the owner of the Assessor's Parcel(s) is partially
prepaying the Special Tax Obligation
A — the Prepayment Administrative Fees and Expenses from Section 8.A
The owner of any Assessor's Parcel who desires such partial prepayment shall notify the CFD
Administrator of (i) such owner's intent to partially prepay the Special Tax Obligation, (ii) the
percentage by which the Special Tax Obligation shall be prepaid, and (iii) the company or agency
that will be acting as the escrow agent, if any. The CFD Administrator shall provide the owner
with a statement of the amount required for the partial prepayment of the Special Tax Obligation
for an Assessor's Parcel within sixty (60) days of the request and may charge a reasonable fee for
providing this service.
A-14
2020-01-07 Agenda Packet, Page 103 of 179
with respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute the
funds remitted to it according to Section 8.A., and (ii) indicate in the records of CFD No. 16-1 for
IA 2 that there has been a partial prepayment of the Special Tax Obligation and that a portion of
the Special Tax with respect to such Assessor's Parcel, equal to the outstanding percentage (1.00
- F) of the Maximum Special Tax, shall continue to be levied on such Assessor's Parcel.
Notwithstanding the foregoing, no partial prepayment shall be allowed unless the aggregate
amount of Maximum Special Taxes less the Administrative Expense Requirement that may be
levied on Taxable Property, respectively, after the proposed partial prepayment is at least 1.1
times the Debt Service on all Outstanding Bonds in each Fiscal Year.
il. TERM OF -SPECIAL TAX
The Special Tax shall be levied as long as necessary to meet the Special Tax Requirement, but in any
event not after Fiscal Year 2059-60.
2020-01-07 Agenda Packet, Page 104 of 179
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2020-01-07 Agenda Packet Page 105 of 179
FXHIRIT _R
MKINnIKKAIMIXAVERL, 14rW_0W1W
1. Pursuant to Section 3F of the Amended and Restated Rate and Method of Apportionment of
Special Tax (the "RMA"), the City of Chula Vista (the "City") and Community Facilities District
No. 16-1 of the City of Chula Vista ("CFD No. 16-1") hereby agree to a reduction in the Special
Tax for Developed Property, Undeveloped Property, and/or Provisional Property:
(a) The information in the RMA relating to the Special Tax for Developed Property,
Undeveloped Property, and Provisional Property shall be modified as foillows:
[insert Table I andlor 2 showing revised Assigned Special Tax ratesfor Developed
Property, insert revised Backup Special Tax rates for Developed Property by Zone, and insert
change to Maximum Special Tax rates.for Undeveloped Property and Provisional Property by Zone]
(b) The CFD Public Facilities Costs in Section 8 shall be changed, to $
2. Special Tax rates for Taxable Property may only be modified prior to the issuance of Bonds.
3. Upon execution of the Certificate by the City and CFD No. 16-1 the City shall cause an amended
Notice of Special Tax Lien for IA2 to be recorded reflecting the modifications set forth herein.
By execution hereof, the undersigned acknowledges, on behalf of the City of Chula Vista and CFD
No. 16-1, receipt of this Certificate and modification of the RMA as set forth in this Certificate.
CITY OF CHULA VISTA
0
COMMUNITY FACILITIES DISTRICT NO. 16-1
*F THE CITY OF CHULA VISTA
0
I NOWN
I NOWN
A-17
2020-01-07 Agenda Packet, Page 106 of 179
AM &
CFD NO. 16-1 (MIL,L,ENIA) IMPROVEMENT AREA 2
CHANGE PROCEEDING
w 1-07 Agenda Packet PaK 11� ..
AMENDED AND RESTATED
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
COMMUNITY FACILITIES DISTRICT NOi. 16-1 (MILLENIA)
IMPROVEMENT AREA
A Special Tax shall be levied on all Taxable Property within the boundaries of Improvement Area No. 2 of
Community Facilities District No. 16-1 (Millenia) ("IA2") and collected each Fiscal Year commencing in
Fiscal Year 2019-20�, in an amount determined by the CFD Administrator through the application of the
procedures described below. All of the real property within IA2, unless, exempted by law or by the
provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.
1. 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
Mapi. An Acre means 43560 square feet of land. if the preceding maps for a land area are not available,,
the Acreage of such land area shall be determined by the City Engineer.
means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part I
*f Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expense Requirement" means an annual amount equal to $75,000, or such lesser
amount as may be designated by written instruction from an authorized representative of the City to the
Fiscal Agent, to be allocated as, the first priority of Special Taxes received each Fiscal Year for the payment
of Administrative Expenses.
"Administrative Expenses" means the following actual or reasonably estimated costs related to the
administration of IA2 including, but not limited to: the costs of preparing and computing the Annual Special
Tax (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether
by the City, the County or otherwise); the costs of remitting the Special Taxes to the Fiscal Agent; the costs
of the Fiscal Agent (including its legal counsel) in the discharge of the duties required of it under the Fiscal
Agent Agreement; the costs to the City, CF'D No. 16-1, or any designee thereof complying with arbitrage
rebate requirements, including without limitation rebate liability costs and periodic rebate calculations; the
costs to the City, CFD No. 16-1, or any designee thereof complying with disclosure or reporting
requirements of the City or CFD No. 16-1, associated with applicable federal and State laws; the costs
associated with preparing Special Tax disclosure statements and responding to public inquiries regarding
the Special Taxes; the costs to the City, CFD No. 16-1, or any designee thereof related to an appeal of the
Special Tax; and the City's annual administration fees and third party expenses. Administrative Expenses
shall also include amounts estimated or advanced by the City or CFD No. 16-1 for any other administrative
purposes of CFD No. 16-1, including attorney's fees and other costs related to commencing and pursuing
any foreclosure of delinquent Special Taxes.
"Annual Special Tax" means the Special Tax actually levied in any Fiscal Year on any Assessor's Parcel.
"Assessor's Parcel" means a of or parcel shown on an Assessor's Parcel Map, with an assigned Assessor's
Parcel Number,
2020-01-07 Agenda Packet, Page 108 of 179
"Assessor's Parcel Mapi" means an official map of the Assessor designating parcels by Assessor's Parcel
Number.
"Assessor's Parcel Number"' means the number assigned to an Assessor's Parcel by the County for
purposes of identification.
"Assigned Special Tax" means the Special Tax of that name described in Section 3.A below.
"Backup Special Tax" means the Special Tax of that name described in Section 3.B below.
"Bonds" means any bonds or other debt of CFD No. 16-1 issued or incurred for IA2, whether in one or
more series, secured by the levy of Special Taxes.
"Building Permit"' means a building permit for construction of a Residential Unit or non-residential
structure within IA 2 issued by the City.
"Building Square Footage" means all of the square footage of living area within the perimeter of a
residential structure, not including any carport, walkway, garage, overhang, or similar area. The
determination of Building Square Footage shall be made by the CFD Administrator by reference to the
Building Permit(s) issued for such Assessor's Parcel and/or by reference to appropriate records kept by the
City. Building Square Footage for a Residential Unit will be based on the Building Permit s) issued for
such Residential Unit prior to it being classified as Occupied Residential Property, and shall not change as,
a result of additions or modifications made to such Residential Unit after such classification as Occupied
Residential Property.
"Calendar Year" means the period commencing January I of any year and ending the following
December 3 1.
"CFD Administrator" means an authorized representative of the City, or designee thereof, responsible for
determining the Special Tax Requirement, for preparing the Annual Special Tax roll and/or calculating the
Backup Special Tax.
"CFD No. 16-1" means the Community Facilities District No. 16-1 (Millenia).
"City" means the City of Chula Vista, California.
"City Council" means the City Council of the City acting as the legislative body of CFD No. 16-1 under
the Act.
"Condominium" means a unit, whether attached or detached, meeting the statutory definition of a
condominium contained in the California Civil Code Section 4285.
"County" means the County of San Diego, California.
"Debt Service" means for each Fiscal Year, the total amount of principal and interest payable on any
,a 41i Bonds during the Calendar Year commencing on January I of such Fiscal Year.
"Developed Property" means for each Fiscal Year, all Taxable Property, exclusive of Provisional
Property, for which a Building Permit was issued prior to March I of the previous Fiscal Year. An
Assessor's Parcel classified as Developed Property but for which the Building Permit that caused such
Assessor's Parcel to be classified as Developed Property has been cancelled and/or voided prior to the
2020-01-07 Agenda Packet, Page 109 of 179
Fiscal Year for which Special Taxes are being levied shall be reclassified as Undeveloped Property,
provided that the levy of the Annual Special Tax after such reclassification shall not be less than 1.1 times,
the annual Debt Service less Administrative Expenses on all Outstanding Bonds. If Bonds have not been
issued, an Assessor's Parcel classified as Developed Property for which such a Building Permit has been
cancelled and/or voided shall be reclassified as Undeveloped Property.
"Development Agreement" means that certain Development Agreement by and between the City of Chul
Vista and McMillin Otay Ranch LLC adopted October 6, 2009 and recorded with the County of Sa
Diego's Recorder's office on October 27, 2009 as Document Number 2009-0595116, as may be amende
and/or supplemented from time to time. I
"Exempt Property" means for each Fiscal Year, all Assessor's Parcels designated as being exempt from
Special Taxes pursuant to Section 5 below.
"Final Mapill means a subdivision of property by recordation of a final map, parcel map, or lot lin
... pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) o
recordation of a condominium plan pursuant to California Civil Code 4285 that creates individual lots
which Building Permits may be issued without further subdivision. I
"Fiscal Year" means the period starting on July I and ending the following June 30.
"Fiscal Agent" means the fiscal agent, trustee, or paying agent under the Fiscal Agent Agreement.
"Fiscal Agent Agreement" means the fiscal agent agreement, indenture, resolution or other instrument
pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any
instrument replacing or supplementing the same.
"IA2" means Improvement Area No. 2 of CFD No. 16-1.
"Land Use Class" means any of the classes listed in Table I or 2 under Section 3A below.
Note: Land Uses Class is not in reference to a property's zoning designation.
"Lot(s)" means an individual legal lot created by a Final Map for which a building permit for residential
construction has been or could be issued. Notwithstanding the foregoing, in the case of an individual legal,
lot created by such a Final Map upon which Condominiums are entitled to be developed, the number of
Lots allocable to such legal lot for purposes of calculating the Backup Special Tax applicable to such Final
Map shall equal the number of Condominiums which are permitted to be constructed on such legal lot as
shown on such Final Map.
"Master Developer" means SLF W-Millenia, LLC or its successors or assignees as defined in the
Development Agreement.
"Maximum Special Tax" means for each Assessor's Parcel, the maximum Special Tax, determined in
accordance with Sections 3.0 and 3.1 below, which may be levied in a given Fiscal Year on such Assessor's
Parcel. of Taxable Property.
"Non -Residential Property" means all Assessor's Parcels of Developed Property for which a Building
Permit has been issued for the purpose of constructing one or more non-residential units or structures.
"Occupied Residential Property" means all Assessor Parcels of Residential Property for which title is
held by an end user (homeowner).
2020-01-07 Agenda Packet, Page 110 of 179
"Outstanding Bonds" means all Bonds which are deemed to be outstanding under the Fiscal Agent
Agreement.
"Prepayment Amount" means the amount required to prepay the Special Tax Obligation in fU for an
Assessor's Parcel as described in Section 8.A below.
"Property Owner Association Property" means any Assessor's Parcel within the boundaries of IA2
owned in fee by a property owner association, including any master or sub -association.
"Proportionately" or "Proportionate" means for Developed Property, that the ratio of the actual Special
Tax levy to the applicable Assigned Special Tax or Backup Special Tax is equal for all Assessor's Parcels
of Developed Property. For Undeveloped Property, "Proportionately" means that the ratio of the actual
Special Tax levy per Acre to the Maximum Special Tax per Acre is equal for all Assessor's Parcels of
Undeveloped Property. "Proportionately" may similarly be applied to other categories of Taxable Property
as listed in Section 3 below.
"Provisional Property" means all Assessor's Parcels of Public Property, Property Owner Association
Property or property that would otherwise be classified as Exempt Property pursuant to the provisions of
Section 5, but cannot be classified as Exempt Property because to do so would reduce the Acreage of all
Taxable Property below the required minimum Acreage as set forth in Section 5.
"Public Property" means any property within the boundaries of IA?, which is owned by, or irrevocably
offered for dedication to the federal government,, the State of California, the County, the City or any other
public agency; provided however that any property owned by a public agency and leased to a private entity
and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with
its use.
"Residential Property" means all Assessor's Parcels of Developed Property for which a Building Permit
has been issued for the purpose of constructing one or more Residential Units.
"Residential Unit" means each separate residential dwelling unit that comprises an independent facility
capable of conveyance or rental, separate from adjacent residential dwelling units.
"Special Tax" means any special tax levied within IA2 pursuant to the Act and this Amended and Restated
Rate and Method of Apportionment of Special Tax.
"Special Tax Obligation" means the total obligation of an Assessor's Parcel of Taxable Property to pay
the Special Tax for the remaining life of IA2.
"Special Tax Requirement" means that amount required in any Fiscal Year to: (i) pay regularly scheduled
Debt Service on all Outstanding Bonds; (ii.) pay periodic costs on the Outstanding Bonds, including but not
limited to, credit enhancement and rebate payments on the Outstanding Bonds; (iii) pay Administrative
Expenses; (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding
Bonds; (v) accumulate funds to pay directly for acquisition or construction of facilities provided that the
inclusion of such amount does not cause an increase in the Special Tax to be 'levied on Undeveloped
Property; and (vi) pay for reasonably anticipated delinquent Special Taxes based on (a) the average
delinquency rate for special taxes, levied in the previous Fiscal Year in all community facilities districts
within the portion of the City commonly known as Otay Ranch for the first Fiscal. Year in which Special
Taxes are levied and (b) the delinquency rate for Special Taxes levied in the previous Fiscal Year within
IA 2 for all subsequent Fiscal Years in which Special Taxes are levied; less (vii) a credit for funds available
2020-01-07 Agenda Packet, Page 111 of 179
to reduce the Annual Special Tax levy, as determined by the CFD Administrator pursuant to the Fiscal
Agent Agreement.
"State"' means the State of California.
"Taxable Property" means all of the Assessor's Parcels within, the boundaries of CFD, which, are not
exempt from, the levy of the Special Tax pursuant to law or Section 5 below.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed
Property or Provisional Property.
"Zone A" means the specific geographic area designated as such within IA2 and as depicted in Exhibit A
attached hereto.
"Zone B" means the specific geographic area designated as such within IA2 and as depicted in Exhibit A
attached hereto.
2. LAND USE CLASSIFICATION
Each Fiscal Year, beginning with Fiscal Year 2019-20, each Assessor's Parcel within IA2 shall be classified
as Taxable Property or Exempt Property. in addition, all Taxable Property shall further be classified as
Developed Property, Undeveloped Property or Provisional Property, and all such Taxable Property shall be
subject to the levy of Special Taxes in accordance with this, Amended and Restated Rate and Method of
Apportionment of Special Tax determined pursuant to Sections 3 and 4 below. Furthermore, each
Assessor's Parcel of Developed Property shall be classified according to its applicable Land Use Class
based on its Bung Square Footage.
For Assessor's Parcels of Non -Residential Property developed with Condominiums (e.g., office or
industrial condos), the Acreage applicable to each such Condominium for purposes of levying Special
Taxes shall be computed from the Acreage of the 'legal lot created by the Final Map upon which such
Condominiums are entitled to be developed, with the Acreage of such lot allocated to each Condominium
on a pro -rata basis using the building square footage of such Condominium relative to the total building
square footage of all Condominiums entitled to be developed on such lot. The determination of Building
Square Footage for each non-residential Condominium shall be made by reference to the applicable
Building Permit, and to the extent a Building Permit has not been issued for all Condominiums to be located
on the applicable legal lot, the Building Square Footage attributable to any such Condominiums shall be
determined from the recorded condominium plan, or applicable site plan, plot plan, or other appropriate
records kept by the City as reasonably determined by the CFD Administrator. In the event the City takes
ownership of a Condominium within IA2 and such property in all other respects meets the definition of
Public Property as set forth in Section 1, such property shall be exempt from Special Taxes pursuant to
Section 5.
In the event a Building Permit is issued for one or more residential Condominiums prior to March 1, of the
previous Fiscal Year and an Assessor's Parcel Number has not yet been assigned to each such
Condominium for the current Fiscal Year, the applicable Assessor's Parcel may be classified as both
Developed Property and Undeveloped Property. In such an instance, the Special Taxes levied on such
Assessor's Parcel shall, be the sum of the amount derived from the following (i) applying the Assigned
Special Tax applicable to each Condominium for which a Building Permit was issued prior to March I of
the previous Fiscal Year and (ii) levying the acreage allocable to such actual or planned Condominiums for
which a Building Permit has not been issued prior to March I of the previous Fiscal Year as Undeveloped
Property; the allocable acreage shall be computed on a pro -rata basis based on the relative number of
2020-01-07 Agenda Packet, Page 112 of 179
remaining Condominiums to the total number of Condominiums entitled to be developed on such
Assessor's Parcel. The total number of Condominiums entitled to be developed on the applicable
Assessor's Parcel shall be determined from the recorded condominium map, condominium plan, ap�p�licable
site plan, plot plan, or other appropriate records kept by the City as reasonably determined by the CFD
Administrator.
3. SPECIAL TAX RATES
A. Assigned Special Tax for Developed Property
The Assigned Special Tax applicable to an Assessor's Parcel classified as Developed Property
commencing Fiscal Year 2019-20 shall be determined pursuant to Table I or 2 below, as applicable.
Table I
Assigned Special Tax Rates for
Developed Property within Zone A
Land Use Land Use
Building Square
Assigned
Class Type
FooNge
IF rIim
yedal ax
�V
I Residential Property
< 1450
444
$11,3.2per
Residential Unit
2 Residential Property
> 1 450
727.65 per
Residential Unit
3 Non -Residential Property
N/A
$6,367.25 per Acre
Table 2
Assigned Special Tax Rates for
Developed Property within Zone B
,and Use Land Use
Classe
?)P
Building Square
Foo
Assigned
►Special Tax
I Residential Property
N/A,
$6 367.25 per .Acre
2 Non -Residential Property
N/A
$6,,367.25 per Acre
On each July 1, commencing July 1, 2020, the Assigned Special Tax for Developed Property shall
be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
B. Backup Special Tax for Developed Property
When a Final Map or a condominium plan is recorded within Zone A or Zone B the Backup Special
Tax for Assessor's Parcels of Deiveilo ed Pro ertv classified as Residential Property shall be
p p
determined as follows:
1FAINATWiTI
For each Assessor's Parcel of Residential Property or for each Assessor's Parcel of Undeveloped
Property to be classified as Residential Property upon its development within the Final Map area
2020-01-07 Agenda Packet, Page H3 of 179
accordingin Zone A. the Backup Special Tax for Fiscal Year 2019-20 shall be the rate per Lot calculated
to the following formula:
7nnP A.
$42,148 x A
L
The terms have the fallowing meanings:
Backup Special Tax per Lot
A = Acreage classified or to be classified as Residential Property in such. Final Map.
The land arca applicable to a Condominium shall be computed from the Acreage
of the Lot on which the Condominium is located', with the Acreage for such Lot
allocated equally among all of the Condominiums located or to be located on such
Lot.
L For a Final Map, the number of Lots which are classified or to be classified as
Residential Property,
For each Assessor's Parcel of Developed Property classified as Non -Residential Property or for
each Assessor's Parcel of Undeveloped Property to be classified as Non -Residential Property
within `Final area," multiplying
$42,148 r ► $7,075
Backup Special � r. r Fiscal r 2019-20 abe
determined
Acreage � r Assessor's oo . r for Zone
r i . M
Parcel. For each DevelopedPropertyclassified as Residential
each Assessor's Parcel of Undeveloped Property to be classified as Residential Property in Zone B
within the Final Map area, the Backup Special Tax for Fiscal Year 2019-20 shall be determined by
multiplying $7,075 by the total Acreage of any such Assessor's Parcel.
Notwithstanding the foregoing, if Assessor's Parcels of Residential Property, Non—Residential
Property or Undeveloped Property for which the Backup Special Tax has been determined are
subsequently changed or modified by recordation of a neve or amended Final 1'" ap, then the Backup
Special Tax applicable to such Assessor's Parcels shall be recalculated to equal the total amount of
Backup Special Tax that would have been generated if such change did not take place..
priorOn each July 1, commencing July 1, 2020, the Backup Special Tax applica'tile to each Assessor's
Parcel, of Taxable Property shallbe increased by two percent (2.00%) of the amount in effect in the
Fiscal
C. :Maximum Special Tax for Developer Property
Each Fiscal Maximum Special Assessor's
_. oParcel # Developed
. ! Property as
ll
be
r greater applicable r Assigned Special or Backup SpecialTax.
D. Max mum Special Tax for Provisional Property and UndevelopedProperty
The Maximum Special Tax for Provisional Property and Undeveloped Property commencing in
Fiscal. Year
shall be
$42,148
/8 ■ r. Acre
. o Zone
r. r and $7,075■ r for r B.
2020-01-07 Agenda Packet, Page 11.4 of 179
On each July 1, commencing July 1, 2020, the Maximum Special Tax for Provisional Property and
Undeveloped Property shall be increased by two percent (2.00%) of the amount in effect in the
prior Fiscal Year.
E. 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 only
be levied on the Residential Property Land Use Class located on such Assessor's Parcel.
F. Administrative Special Tax Reduction
Prior to the issuance of Bonds, the Assigned Special Tax, Backup Special Tax, and Maximum
Special Tax (collectively the "Special Tax Rates" on Taxable Property may be reduced in
accordance with, and subject to the conditions set forth in this paragraph. Upon the City's receipt
of a written request from Master Developer and, the CFD Administrator, the Special Tax Rates on
Taxable Property may be reduced to a level which will provide not less than the sum of estimated
Administrative Expense Requirement and one hundred ten percent (I 10%) of the estimated debt
service with respect to the amount of Bonds requested to be issued in such written request. If it is
reasonably determined by the CFD Administrator that the total effective tax rate on Residential
Property.) as determined in accordance with the Development Agreement, exceeds the maximum
level allowed in the Development Agreement, the Special Tax Rates may be reduced to the amount
necessary to satisfy the maximum allowable effective tax rate requirement on Residential Property
with the written consent of Master Developer, which consent shall not be unreasonably withheld,
and the CFD Administrator. It shall not be required that reductions among each "Building Square
Footage" range of Residential Property be proportional. Additionally, the "CFD Public Facilities
Costs" amount in Section 8 shall be reduced commensurate with any reductions to the Special Tax
Rates pursuant to this paragraph, as reasonably determined by the CFD Administrator. A certificate
in substantially the form attached hereto as Exhibit "B" shall be used for purposes of evidencing
the required written consent and effectuating the reduction to the Special Tax Rates. The reductions
permitted pursuant to this paragraph shall be reflected in an amended Notice of Special Tax Lien
which the City shall cause to be recorded.
.It.
METHOD OF APPORTIONMENT
For each Fiscal Year, commencing Fiscal Year 2019-20, the CFD Administrator shall levy the Special Tax
on all Taxable Property in accordance with the following steps:
St Special, Tax shall be levied Proportionately on each Assessor's Parcel of Developed
Property at up to 1001 of the applicable Assigned Special Tax to satisfy the Special Tax
Requirement;
Steffi: If additional monies are needed to satisfy the Special Tax Requirement after Step I has
been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of
Undeveloped Property up to 100% of the Maximum Special Tax for Undeveloped Property;
S�te If additional monies are needed to satisfy the Special Tax Requirement after the -first two
steps have been completed, then the Special Tax amount determined in Step I shall be increased
Proportionately on each Assessor's Parcel of Developed Property up to 100% of the Maximum
Special Tax for Developed Property-,
2020-01-07 Agenda Packet, Page H 5 of 179
St : If additional monies are needed to satisfy the Special Tax Requirement after the first three
steps have been completed, then the Special Tax shall be levied Proportionately on each Assessor's
Parcel of Provisional Property up to I O% of the Maximum Special Tax for Provisional Property.
Notwithstanding the above, under no circumstances will the Special Tax levied in any Fiscal Year against
any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has
been issued be increased as a result of a delinquency or default in the payment of the Special Tax applicable
to any other Assessor's Parcel within IA 2 by more than ten percent (10%) above what would have been
levied in the absence of such delinquencies or defaults.
5. EXEMPTIONS
If the use of an Assessor's Parcel of Exempt Property changes so that such Assessor"s Parcel is no longer
clN ssified as one of the uses set forth in the first paragraph of Section 5 above that would make such
Assessor's Parcel eligible to be classified as Exempt Property, such Assessor's Parcel shall cease to be
classified as Exempt Property and shall be deemed tobe Taxable Property.
60 APPEALS
Any landowner who pays the Special Tax and claims the amount of the Special Tax levied on his or her
Assessor's Parcel is in error shall first consult with the CFD Administrator regarding such error not later
than thirty-six (36) months after first having paid the first installment of the Special Tax that is disputed. If
following such consultation the CFD Administrator determines that an error has occurred, then the CFD
Administrator shall take any of the following actions, in order of priority, in order to correct the error:
() Amend the Special Tax levy on the landowner's Assessor's Parcel(s) for the current Fiscal,
Year prior to the payment date,
(ii) Require the CFD to reimburse the landowner for the amount of the overpayment to the
extent of available CFD funds, or
(iii) Grant a credit against, eliminate or reduce the future Special Taxes on the landowner's
Assessor's Parcel(s) in the amount of the overpayment.
If, following such consultation and action by the CFD Administrator, the landowner believes such error
still exists, such person may file a written. notice of appeal with the City Council. Upon the receipt of such
notice, the City Council or designee may establish such procedures as deemed necessary to undertake the
review of any such appeal. If the City Council or designee determines an error still exists, the CFD
2020-01-07 Agenda Packet, Page H 6 of 179
Administrator shall take any of the actions described as (i), (ii) and (iii) above, in order of priority, in order
to correct the error.
The City Council or designee thereof shall interpret this Amended and Restated Rate and Method of
Apportionment of Special Tax for purposes of clarifying any ambiguities and make determinations relative
to the administration of the Special Tax and any landowner appeals. The decision of the City Council or
designee shall be final and binding as to all persons.
1,16 p "W"1141 p
Collection of the Annual Special Tax shall be made by the County in the same manner as ordinary ad
valorem property taxes are collected and the Annual Special Tax shall be subject to the same penalties and
the same lien priority in the case of delinquency as ad valorem taxes; provided, however, that the City
Council may provide for (i) other means of collecting the Special Tax, including direct billings thereof to
the property owners; and (ii) judicial foreclosure of delinquent Annual Special Taxes.
V I N
. PREPAYME T OF SPECIAL TAX OBLIGATION
A. Prepayment in Full
Property owners may prepay and permanently satisfy the Special Tax Obligation by a cash
settlement with the City as permitted under Government Code Section 53344. The following
definitions apply to this Section 8:
1 500 000 or such lower number as (i) shall be
"CFD Public Facilities Costs" means $111) 1�
determined by the CFD Administrator as sufficient to acquire or construct the facilities to be
financed under the Act and financing program for IA2, or (ii) shall be determined by the City
Council concurrently with a covenant that it will not issue any more Bonds (except refunding
bonds).
"Construction Fund" means the fund (regardless of its name) established pursuant to the Fiscal
Agent Agreement to hold funds, which are currently available for expenditure to acquire or
construct the facilities or pay fees authorized to be funded by CFD No. 16-1 for iA2.
"Future Facilities Costs" means the CFD Public Facilities Costs, minus (i) costs previously paid
from the Construction Fund to acquire or construct the facilities, (ii) monies currently on deposit
in the Construction Fund, and (iii) monies currently on deposit in an escrow or other designated
fund that are expected to be available to finance CFD Public Facilities Costs.
"Outstanding Bonds" means all Previously Issued Bonds, which remain outstanding as of the first
interest and/or principal payment date following the current Fiscal Year excluding Bonds to be
redeemed at a later date with proceeds of prior Special Tax prepayments.
"Previously Issued Bonds" means all Bonds that have been issued prior to the date of prepayment.
The Special Tax Obligation applicable to an Assessor's Parcel of Developed Property, or
Undeveloped Property for which a Building Permit has been issued may be prepaid and the
obligation to pay the Special Tax for such Assessor's Parcel permanently satisfied as described
herein, provided that a prepayment may be made with respect to a particular Assessor's Parcel only
if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of
prepayment. An owner of an Assessor's Parcel eligible to prepay the Special Tax Obligation shall
2020-01-07 Agenda Packet, Page 117 of 179
provide the CFD Administrator with written notice of intent to prepay, and designate or identify
the company or agency that will be acting as the escrow agent, if any. The CFD Administrator
shall provide the owner with a statement of the Prepayment Amount for such Assessor's Parcel
within thirty (30) days of the request, and may charge a reasonable fee for providing this service.
Prepayment must be made at least 60 days prior to any redemption date for the Bonds to be
redeemed with the proceeds of such prepaid Special Taxes, unless a shorter period is acceptable to
the Fiscal Agent and the City.
The Prepayment Amount (defined below) shall be calculated for each applicable Assessor's Parcel
or group of Assessor's Parcels, as summarized below (capitalized terms as defined below):
Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Prepayment Amount
plus Defeasance Amount
plus Prepayment Administrative Fees and Expenses
less Reserve Fund Credit
less Capitalized Interest Credit
Total: equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount (der rined in Step 14 below) shall
be calculate4, as follcays:
Step No.:
I . Coinfirm that no Speciala r rly to such Assessor's Parcel.
2. For Assessor's Parcels of Developed Property, determine the Maximum Special Tax. For
Assessor's Parcels of Undeveloped Property for which a Building Permit has been issued,
compute the Maximum Special Tax for that Assessor's Parcel as though it was already
designated as Developed Property, based upon the Building Permit which has already been
issued for that Assessor's Parcel.
3. Divide the Maximum Special Tax computed pursuant to paragraph 2 by the total expected
Maximum Special Tax revenue for IAA assuming all Building Permits have been issued
(build -out) within IA2, excluding any Assessor's Parcels for which the Special Tax
Obligation has been previously prepaid.
4. Multiply the quotient computed pursuant to paragraph 3 by the Outstanding Bonds an
round that number up to the nearest $5,000 increment to compute the amount o-.
Outstanding Bonds to be retired and prepaid for all applicable Assessor's Parcels (th
"Bond Redemption Amount"). I
5. Multiply the and Redemption Amount computed pursuant to paragraph 4 by the
applicable redemption premium (expressed as a percentage), if any, on the Outstanding
Bonds to be redeemed at the first available call date (the "Redemption Premium").
6. Compute the Future Facilities Costs.
2020-01-07 Agenda Packet, Page H 8 of 179
7. Multiply the quotient computed pursuant to paragraph 3 by the amount determined
pursuant to paragraph 6 to compute the amount of Future Facilities Costs to be prepaid (the
"Future Facilities Prepayment Amount").
. Compute the amount needed to pay interest on the Bond Redemption. Amount from the
first bond interest and/or principal payment date following the current Fiscal Year until the
expected redemption date for the outstanding Bonds which, depending on the Fiscal Agent
Agreement, may be as early as the next interest payment date.
9. Compute the amount the CFD Administrator reasonably expects to derive from the
reinvestment of the Prepayment Amount less the Future Facilities Prepayment Amount and
the Prepayment Administrative Fees from the date of prepayment until the redemption date
for the outstanding Bonds to be redeemed with the prepayment.
10. Subtract the amount computed in paragraph 9 from the amount computed in paragraph
(the "Defeasance .Amount").
11. Calculate the administrative fees and expenses of CTD No. 16-1 for IAS, including the costs
of computation of the prepayment, the costs to invest the prepayment proceeds, the costs
of redeeming the outstanding Bonds to be redeemed with the prepayment, and the costs of
recording any notices to evidence the prepayment and the redemption (the "Prepayment
Administrative Fees").
12. If reserve funds for the outstanding Bonds, if any, are at or above 100% of the reserve
requirement (as defined in the Fiscal Agent Agreement) on the prepayment calculation.
date, a reserve fund credit shall be calculated as a reduction in the applicable reserve fund
for the outstanding Fonds to be redeemed pursuant to the prepayment (the "Reserve Fund.
Credit"). No Reserve Fund Credit shall be grunted if, after the Prepayment Amount is
calculated, reserve funds are below 100% of the reserve requirement after taking into
account such prepayment.
13. If any capitalized interest for the outstanding Bonds will not have been expended at the
time of the first interest and/or principal payment following the current Fiscal Year, a
capitalized interest credit shall be calculated by multiplying the quotient computed
pursuant to paragraph 3 by the expected balance in the capitalized interest fund after such
first interest and/or principal payment (the "Capitalized Interest Credit").
14. The amount to prepay the Special Tax Obligatio.n is equal to the sum of the amounts
computed pursuant to paragraphs 4, 51 79 10, and .1..1., less the amounts computed pursuant
to paragraphs 12 and 13 (the "Prepayment Amount").
15. From the Prepayment Amount, the sum of the amounts computed pursuant to paragraphs
41 5, and 1, o, less the amounts computed pursuant to paragraphs 12 and 13 shall be deposited
into the appropriate fund as established under the Fiscal Agent Agreement and be used to
retire outstanding Bonds or male Debt Service payments. The amount computed pursuant
to paragraph 7 shall be deposited into the Construction Fund. The amount computed.
pursuant to paragraph 11 shall be retained. by CFD No. 16-1.
The Prepayment Amount may be sufficient to redeem an amount other than a $5,000 increment of
Bonds.. In such cases, the increment above $5,000 or integral multiple thereof will be retained in
2020-01-07 Agenda Packet, Page H 9 of 179
the appropriate fund established under the Fiscal Agent Agreement to redeem Bonds to be used
with the next prepayment of Bonds.
The CFD Administrator will confirm that all previously levied Special Taxes have been paid in
full. With respect to any Assessor's Parcel for which the Special Tax Obligation is prepaid in full,
once the CFD Administrator has confirmed that all previously levied Special Taxes have been paid,
the City Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate
the prepayment of the Special Tax Obligation and the release of the Special Tax lien on such
Assessor's Parcel, and the obligation of the owner of such Assessor's Parcel to pay the Special Tax
shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the aggregate
amount of Maximum Special Taxes less the Administrative Expense Requirement that may be
levied on Taxable Property, respectively, after the proposed prepayment is at least 1.1 times, the
Debt Service on all Outstanding Bonds in each Fiscal Year.
B. Partial Prepayment
The Special Tax on an Assessor's Parcel of Developed Property or Undeveloped Property for which
a Building Permit has been issued may be partially prepaid. The amount of the prepayment shall
be calculated as in Section except that a partial prepayment shall be calculated according to
the following formula:
PP — (PE -A) x F+A
These terms have the following meaning:
PP = the partial prepayment
PE = the Prepayment Amount calculated according to Section KA
F — the percentage by which the owner of the Assessor's Parcel(s) is partially
prepaying the Special Tax Obligation
A = the Prepayment Administrative Fees and Expenses from Section 8.A
The owner of any Assessor's Parcel who desires such partial prepayment shall notify the CFD
Administrator of (i) such owner's intent to partially prepay the Special Tax Obligation, (ii) the
percentage by which the Special Tax Obligation shall be prepaid, and (iii) the company or agency
that will be acting as the escrow agent, if any. The CFD Administrator shall provide the owner
with a statement of the amount required for the partial prepayment of the Special Tax Obligation
for an Assessor's Parcel within sixty (60) days of the request and may charge a reasonable fee for
providing this service.
With respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute the funds
remitted to it according to Section 8.A., and (ii) indicate in the records of CFD No. 16-1 for IA2
that there has been a partial prepayment of the Special Tax Obligation and that a portion of the
Special Tax with respect to such Assessor's Parcel, equal to the outstanding percentage (1..00 - F)
of the Maximum Special Tax, shall continue to be levied on such Assessor's Parcel.
Notwithstanding the foregoing, no partial prepayment shall be allowed unless the aggregate amount
of Maximum Special Taxes less, the Administrative Expense Requirement that may be levied on
Taxable Property, respectively, after the proposed partial prepayment is at least 1.1 times the Debt
Service on all Outstanding Bonds in each Fiscal Year.
2020-01-07 Agenda Packet, Page 120 of 179
TERM OF SPECIAL TAX
The Special Tax shall be levied as, long as necessary to meet the Special Tax Requirement, but in any
event not after Fiscal Year 2059-60.
2020-01-07 Agenda Packet, Page 121 of 179
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2020-01-07 Agenda Packet Page 122 of 179
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2020-01-07 Agenda Packet Page 122 of 179
EXHIBIT 11
1. Pursuant to Section 3F of the Amended and Restated Rate and Method of Apportionment of Special
Tax (the "RMA"), the City of Chula Vista (the "City") and Community Facilities District No. 16-
1 of the City of Chula Vista ("CFD No. 16-l") hereby agree to a reduction in the Special Tax for
Developed Property, Undeveloped Property, and/or Provisional Property:
(a) The information in the RMA relating to the Special Tax for Developed Property,
Undeveloped Property, and Provisional Property shall be modified as follows:
[insert Table I andlor 2 showing revised Assigned Special Tax rates for Developed
Property, insert revised Backup Special Tax rates for Developed Property by Zone, and insert
change to Maximum Special Tax rates.for Undeveloped Property and Provisional Property by Zone]
(b) The CFD Public Faces Costs in Section 8 shall be changed to $
2. Special Tax rates for Taxable Property may only be modified prior to the issuance of Bonds.
3. Upon execution of the Certificate by the City and CFD No. 16-1 the City shall cause an amended
Notice of Special Tax Lien for I. to be recorded reflecting the modifications set forth herein.
By execution hereof, the undersigned acknowledges, on behalf of the City of Chula Vista and CFD No. 16-
1, receipt of this Certificate and modification of the RMA as set forth in this Certificate.
CITY OF CHULA VISTA
=0
COMMUNITY FACILITIES DISTRICT NO. 16-1
OF THE CITY OF CHULA VISTA
=0
rolm
[Dim
2020-01-07 Agenda Packet, Page 123 of 179
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED
BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 16-1
( ELLENIA), CITY OF CHULA VISTA, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, WAS APPROVED BY THE
CITY COUNCIL OF THE CITY OF CHULA VISTA AT A REGULAR
FETING THEREOF, HELD ON _ DAY OF _ F 20__,
BY RESOLUTION NO.
CITY CLERK
CITY OF CHULA VISTA
FILED Ill TRE OFFICE OF
... 1 ■ CLERK,
T. .. ■.1 ,,,i A T .....A
OF THIS DAY OF 20
■
CITY CLERK
CITY OF CHULA "SISTA
RECORDED THIS DAY OF , 20_ AT
THE HOUR OF O'CLOCK IN BOOK
PAGE OF MAPS OF ASSESSMENT AND COMMUNITY
FACILITIES DISTRICTS IN THE OFFICE OF THE COUNTY
RECORDER, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA.
PROPOSED AMENDED BOUNDARY MAP OF
COMMUNITY FACILITIES DISTRICT NO. 16-I
(MILLENIA)
CITY OF CHULA VISTA,
COUNTY OF SAN DIEGO, ST"AT"E OF CALIFORNIA
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THIS BOUNDARY MAP AMENDS SHEET 2 OF 2 OF PROPOSED
BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 16-1
(MELLEN IA) CITY OF CHULA "SISTA, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA FILED ON AUGUST 11, 2016 IN BOOK 46 OF
MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS
AT PAGE 3 AS DOCUMENT NO. 20146-70003246.
TRACT MAP NO. 09-03 RECORDED IN THE OFFICIAL RECORDS
OF i OF i STATE OF
PARCELS.CALIFORNIA, AS DOCUMENT NO. 2019-7000481 FOR A
DESCRIPTION OF THE LINES AND DIMENSIONS OF
THESE
u � u
FEE: NO.
ERNEST J. DRONENBURG, JR., ASSESSOR, RECORDER,
'r S
o
„Hgll ii 11111 9� r
PARCEL LINE.
COUNTY CLERK
q11
V,,,m,
qq1 ql'
® ZONE B
643-065-07 (PORTION)
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1j111j '1j1pJ
643-065-08 (PORTION)
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MAP REFERENCE NUMBER
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XXX—XXX—XX—XX ASSESSOR PARCEL NUMBER
CFC? 16—I
MAP REFERENCE N0.
ASSESSOR PARCEL N0.
LOT N0./FINAL MAP
Q
643-060-69
LOT 19 OF FINAL MAP N0. 16081
Ell
643-065-07 (PORTION)
LOT 1 OF FINAL MAP N0. 16380
Q
643-065-08 (PORTION)
LOT 4 OF FINAL MAP N0. 16380
Q
643-060-62
LOT 12 OF FINAL MAP N0. 16081
5
643-060-63
LOT 13 OF FINAL MAP N0. 16081
THIS BOUNDARY MAP CORRECTLY SHOWS THE BOUNDARIES
Cs OF THE COMMUNITY FACILITIES (DISTRICT. FOR DETAILS
CONCERNING THE ILINES AND DIMENSIONS OF LOTS OR
PARCEL CONSULTINGPARCEL REFER TO THE COUNTY ASSESSOR" MMPs FOR 0 375 750 1,500 Feet
G R 0 U P FISCAL YEAR 2019-20. 1
N
W�E
S
2020-01-07 Agenda Packet, Page 124 of 179
FIRST AMENDMENT TO
COMMUNITY FACILITIES DISTRICT
ADVANCE DEPOSIT AND REIMBURSEMENT AGREEMEN"
COMMUNITY FACILITIES DISTRICT
O. 16-1 (MILLENtAl
THIS FIRST AMENDMENT TO ADVANCE DEPOSIT AND REIMBURSEMENT
AGREEMENT (this "First Amendment") is made and entered into this day of
2020 (the "Effective Date"), by and between the CITY OF CHULA VISTA, a charter city (``City""), and
SL F IV-MILLENIA, LLC, a Delaware limited liability company ("Applicant" .
RRC ITAL
L S
A. The City and Applicant entered into that certain Community Facilities District Advance Deposit
and Reimbursement Agreement Community Facilities District No. 16-1 (Millenia) on December
301, 2015 (the "Agreement") for the purposes and mutual benefits set forth therein.
B The City Council of the City (the "City Council"), has previously undertaken proceedings to
form Community Facilities District No 16-1 (Millenia) ("CFD No. 16-1"), to designate two
improvement areas therein, ("Improvement Area No. I" and "Improvement Area No. 2" each an
"Improvement Area" and collectively, the "Improvement Areas") and to authorize the levy of
special taxes within, each Improvement Area and the issuance by the District of bonds for each
Improvement Area and the qualified electors of each Improvement Area of the District, voting in
a special election held on September 13, 2016, 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.
C Applicant advanced funds to the City for the payment of all, initial consultin and administration
costs and expenses related to the proceedings to consider the formation of CFD No. 16-1 and to
subsequently authorize, issue and sell bonds for CFD No. 164 (the (.Proceedings"). Such monies
were subject to reimbursement or credit pursuant to the provisions of the Agreement upon the
successful sale of bonds for Community Facilities District No. 16-1 and the receipt by the City of
the proceeds of such bonds.
D. Applicant has requested that the City Council, acting as the legislative body of CFD No. 16-1,
initiate proceedings to consider medications to the rate and method of apportionment for
Improvement Area No. 2 and to delete certain commercial property from Improvement Area No.
2 (the "Change Proceedings") and has advanced to the City $50,000 to cover the cost of the
Change Proceedings.
E. Applicant and the City desire to amend the Agreement to include the Change Proceedings and
any future changes to the definition of the Proceedings so that funds advanced by Applicant for
the Change Proceedings and any future changes will be subject to reimbursement or credit
pursuant to the provisions of the Agreement.
2020-01-07 Agenda Packet, Page 125 of 179
AGREEMENT
The parties hereto, for mutual consideration, the receipt of which is hereby acknowledged, agree as
follows:
1 1111 pill 11 1111 111
"Proceedings" is amended to mean all initial consulting ami airninistration costs and expenses
related to the proceedings to consider the formation of CFD No. 16-1, the Change Proceedings,
any future proceedings to consider modifications to CFD No. 16-1 and to subsequently authorize,,
issue !zn4, sell bon4s for CFD No. 16-1.
SECTION 2. Continuing Effect of Agreement. Except as amended by this First Amendment, all other
provisions of the Agreement remain in full, force and effect. From and after the date of this First
Amendment, whenever the term "Agreement"' appears in the Agreement, it shall mean the Agreement as
amended by this First Amendment.
SECTION 3. Execution in Counterparts. This First Amendment may be executed in counterparts,
each of which shall be an original and all of which constitute but one and the same instrument.
#I 56793-vred (2 v. 1) 9176.2 9/10/2015 2
2020-01-07 Agenda Packet, Page 126 of 179
gnature Page
to
First Amendment to
Community Facilities District Reimbursement Agreement
between
the City of Chula Vista
and
SLF IV-Millenia, LLC
IN WITNESS WHEREOF, City and Applicant have executed this First Amendment as of the Effective
Date thereby indicating that they have read and understood same, and indicate their full, and complete
consent to its terms.
Attest:
Kerry Bigelow, MMC, City Clerk
Approved as to Form:
Glen R. Googins, City Attorney
CITY OF CHULA VISTA
Do
Gary Halbert, City Manager
SLF IV-MILLENIA, LLC,
a Delaware limited liability company
By: SLF IV Millenia Investor, LLC,
a Texas limited liability company,
its sole and managing member
By: Stratford ,and Fund IV, L - P.,
a Delaware limited partnership,
its co -managing member
By: Stratford Fund IV GP, LLC,
a Texas limited liability company,
its general partner
2020-01-07 Agenda Packet, Page 127 of 179
2020-01-07 Agenda Packet, Page 128 of 179
ITY COUNCI
UPON AL
STATLMENI
CITY 01F
..� W.CH�ULA VISTA
1 l
RESOLUTION OF THE CITY C1 r► VISTA ACCEPTING $ 6 r FROM
OF CALIFORNIA i ' '" ATTORNEY I' r GRANT
PROGRAM, ADDING ONE PEACE OFFICER TO THE AUTHORIZED STAFFING LEVEL OF THE POLICE
APPROVING r
STATEDEPARTMENT OF JUSTICE, AND APPROPRIATING SAID FUNDS TO THE POLICE GRANTS SECTION OF THE
(4/5 VOTE REQUIRED)
CouncilRECOIVIMENMD AC" ION -
N N N the
resolutiol
The Police Department has been awarded $559,634 from the California Department of Justice for the
Tobacco Grant Program. The grant funds will add one Peace Officer to the authorized staffing "in.g e ' the Police
Department.
ENVIRONMENTAL REVIEW
e Directorof Development Services r r . r N . proposed aNr compliance with the California
as
Environmental N has determined th. r N"Project defined N r
Section • of the State Guidelines br. r it will not result.physical „. r environment;
,ir
therefore, pursuant to Section 15060(c)(3)of theState
Q r Guidelines,
the
activity is Nt sub"ect to CEQA.
N environmental
Nr rr required. NrN
` ! O, I /% TEE RECOMMENDATIO
Not Applicable
� � r
In November Ncitizens of the State of California approved Proposition NHealthcare,
Research N Prevention Tobacco Tax Act N 20 ,16. Proposition 561 increasedthe tobacco tax N $2.00) NN
bringing •totalN.. "I'+r
tobacco w N N pier N rcigarettes.
N . tobacco tax was on other tobacco
. N
products N e -cigarettes Revenue
rrr N r additional tax has been allocated o physician
r r r r r r r
prevention r N N N diseases,s N N r N prevention, r Ncancer,
heart
and lung diseases, N r tobacco -related diseases, and school programs N • on tobiacc:o-use prevention
P zi g e 1 1
2020-01-07 Agenda Packet, Page 129 of 179
0=14=71
In July 2019, Chula Vista Police Department submitted a rant application to the California Departme
gnt of
justice, with objectives of reducing the appeal of tobacco/vap:e products to youth by using prevention,
intervention, education and enforcement. To achieve those objectives, the Police Department proposed to
use the grant funding to hire two School Resource Officers. In December 2019, the Police Department was
notified of a grant award in the amount of $5,59,634, which will fund one School Resource Officer. The grant
award covers the period of December 1, 2019 to June 301., 2022.
As part of the grant acceptance, a Memorandum of Understanding between the California Department of
justice and the City of Chula Vista has been created to outline the grant award amount of $559,534. In
addition to the salaries and benefits of one School Resource Officer, the funds will be used equip the officer
with uniforms, gear and equipment, as well as overtime costs for tobacco enforcement operations. Council
acceptance of the grant funds will authorize the City Manager and Chief of Police to execute the Memorandum
of Understanding.
DECISION -MAKER CONFLIC'I"
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specc and
consequently, the real property holdings of the City Council members do not create a disqualifying real
property- related financial conflict of interest under the Political Reform Act (Cal. Go�vt Code § 87100, eit seq.) -
Staff is not independently aware, and has not -been informed by any City Council member, of any other fact
that may constitute a basis for a decision- maker conflict of interest in this matter.
CURRENT -YEAR. FISCAL IMPACT
Approval of this resolution will result in an appropriation of $190,120 to the FY20 Police Grants section of
the State Grants Fund. Specifically, $170,067 will be appropriated to personnel services, $11,000 to suppilies
and services and $9,053 to the Other Expenses category. The funding from the State of California Department
T A: i
of Justice will completely offset these costs, resulting in a no net fiscal impact to the General Fund.
T
ONGOi ,„,. . .PAC
Since the grant period covers multiple fiscal years, the adoption of: this resolution will also direct staff to
include $369,514 in subsequent fiscal year budgets. Personnel costs for the School Resource Officer beyond
tIr grant period are contingent upon additional grant funding or availabile City funds.
ATTACHMENTS
Attachment 1: Memorandum of Understanding between California Department of justice and City of Chula
Vista for the'Tobacco Grant Program
2020-01-07 Agenda Packet,
ws���
RESOLUTION NO.
RESOLUTION
CHULA VISTA ACCEPTING $i559,634 FROM THE STATE OF
CALIFORNIA
GENERAL,ATTORNEY TOBACCO GRANT IR
ADDING AUTHORIZED
STAFFING LEVEL
APPROVING
PMR ! 1
BETWEEN THE CITY AND CALIFORNIA DEPARTMENT OF
JUSTICE, AND APPROPRIATING SAID FUNDS TO THE
rGRANTSSECTION OF THE STATE GRANTS FUND -
WHEREAS, in. July 2019, Chula Nista Police Department submitted a grant application to
the California Department of Justice, with objectives of reducing the appeal of to acco/vape
products to youth by using prevention., intervention, education and enforcement; and
WHEREAS, funds from the California Department of Justice Tobacco Grant .Program is
made available from the California Healthcare, Research and Prevention. Tobacco Tax Act of 201
(Proposition 56); and
WHEREAS, the California Department of Justice awarded $559,634 to the City for the
Tobacco grant Program, which adds one Peace Officer to the authorized staffing level of the Police
Department; and
fundsWHEREAS, grants - artment of Justice Tobacco Grant
Program will be used for the personnel costs of one School Resource Officer, associated uniform
and gear to
equip
r officer,
r overtime
for tobacco enforcement
r r: 7 r
NOW, THEREFORE, BE IT .RESOLVED by the City Council. of the City of Chula "Nista,
that it accepts $559,+34 from the State of California Department of Justice, office of the .Attorney
General., Tobacco Grant Program., adds one .Peace officer to the authorized staffing level of the
Police Department and appropriates $170,067 to personnel services, $11,000 to supplies and
services and $9,053 to the other Expenses category of the .police Grants Section, of the Mate Grants
Fund.
BE IT FURTHER. RESOLVED by the City Council of the City of Chula vista, that it
approves the Memorandum, of Understanding between the City and California Department of
Justice for the Tobacco Grant Program, in the form presented, with such minor modifications as
may be required or approved by the City Attorney, a copy of which shall be Dept on file in the
Office of the City Clerk, and authorizes and directs the City Manager and thief of Police to execute
same.
2020-01-07 Agenda Packet Page 131 of 179
Resolution No.
rwy,e 2
Chief of Police
Approved as to form by
Glen R. Googins
City Attorney
2020-01-07 Agenda Packet, Page 132 of 179
ANK0
PURPOSE
This Memorandum of Understanding ("MOU") is entered into by the Department of Justice ("DOJ") and the City
of Chula Vista Police Department (hereinafter, "Grantee"), to provide grant funds to Grantee for expenditure in
compliance with the Grantee Handbook. The Grantee will expend funds for the purposes identified in the
approved Grant Application submitted by Grantee in response to the DOJ's Request for Proposals for activities of
Local Government Agencies to be funded under the California IHlealthcare, Research and Prevention Tobacco Tax
Act of 2016 (the "Act"), approved by the voters as Proposition 56.
The Request for Proposals, Grantee Handbook (dated November 2019), and Grant Application are hereby
incorporated by reference into this MOU.
14191; 1 � a Oki LT4 I � Only] [fo-Thl I 9 T4 Z I �
DOJ agrees to reimburse Grantee in arrears, for Grantee's actual expenditures in performing the Scope of work
included in the approved Grant Application, upon receipt of invoices from Grantee and approval of the invoices
by DOJ, in accordance with the reimbursement procedures set forth in the Grantee Handbook.
� 1:111014: a 901,011110111340 ON r4041 W,■I ills] 61
It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under the
agreement does not appropriate sufficient funds for this MOU, this MOU shall be of no further force and effect. In
this event, the DOJ shall have no liability to pay any funds whatsoever to Grantee or to furnish any other
considerations under this MOU and Grantee shall not be obligated to continue performing any provisions of this
agreement for which it would have been reimbursed.
If funding for any fiscal year is reduced or deleted in the Budget Act for purposes of this MOU, the DOJ shall have
the option to either cancel this MOU with no liability occurring to the DOJ, or offer an amendment to the Grantee
to reflect the reduced amount.
ADMINISTRATION
Should Grantee fail to comply with this MOU, including any expenditures for purposes not permitted under the
MOU, DOJ may take one or more of the actions described under Remedies for Noncompliance in the Grantee
Handbook.
MISCELLANEOUS PROVISIONS
Amendment — No amendment or variation of the terms of this MOU is valid unless made in writing, and signed by
the duly authorized representatives of the parties.
Assignment — This MOU is not assignable by Grantee in whole or in part.
Indemnification — Grantee agrees to indemnify and hold harmless the DOJ, its, officers, agents and employees
from all claims, liabilities, or losses in connection with the performance of this MOU.
Termination —The DOJ may terminate this MOU and be irelieved of any obligation to provide grant funds to
Grantee should Grantee fail to perform the Scope of Work at the time and in the manner provided in this MOU,
2020-01-07 Agenda Packet, Page 133 of 179
TERMS
Grant Duration: 12/1/2019-6/30/2022
Award Amount
Category of Expenditure
Budget
FY 2019-2020
Budget
FY 2020-2021
Budget
FY 2021-2022
Personal Services
$170,067
$173,468
$178,451
Operating Expenses and Equipment
$11,000
$0
$0
Administrative Costs (Not to Exceed 5)
$9,1053
$81673
$8,922
TOTAL AWARD AMOUNT
$559,634
The time limit for reimbursements against this award ends 6/30/2022. Requests received after 7/15/2022 cannot
be reimbursed by the DOJ.
GRANTEE CONTACT INFORMATION
Jonathan Alegre, Police Administrative Services Administrator
Chula Vista Police Department
315 4 1h Avenue, Chula Vista, CA 91910
(61 9) 476-2570
jalegre@chulavistapd.org
AUTHORIZATION
The DOJ and Grantee, by their duly authorized officials, have executed this MOU on the respective dates indicated
below. This MO,U and any future amendments shall be mailed to the Division of Operations, Local Assistance
Unit, Tobacco Grant Program, and will become fully executed upon completion of signatures from all parties.
IROXANA KENNEDY, CHIEF OF POLICE Date
Chula Vista Police Department
GARY HALBERT, CITY MANAGER Date
City of Chula Vista
01 1F."T499 M 14 10 63 A 011 G RA ft,'T I►Tri G R. Dtt
Division of Operations
California Department of Justice
CHRIS RYAN, CHIIEF Date
Division of Operations
California Department of Justict
2020-01-07 Agenda Packet, Page 134 of 179
January 7, 2019
ITY COUNCI
UPON AL
STATLMENI
CITY 01F
CH�ULA VISTA
'TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A COMMUNITY BENEFIT
AGREEMENT BETWEEN THE CITY AND ACI SUNBOW, LLC
RECOMMENDEDACTION
Council adopt the resolutiol
9011mbm�ml
ENVIRONMENTAL REVIEW
Because this activity will not result in any approval or denial of a specific development project and because
City Council will conduct a complete review of any future land use actions or entitlements, including any
required environmental analysis, alonwith the merits of an accompanying proposed project, the Dire
g ctor
of Development Services has determined that the activity is not a "Proj:ect" as defined under Section 15378
of the California Environmental Quality Act (CEQA) Guidelines because it will not result in a physical
change in the environment; therefore, pursuant to Section 15060(c)(3) of the CEQA Guidelines, the activity
is not subijeclt to CEQA. In addition, notwithstanding the foregoing, the Director of Development Services
has also determined that the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the
QA Guidelines. Thus, no environmental review is required.
BOARDXOMMISSION/COMMITT-EE RECOMMENDATIO
Not Applicable.
Pig e 1 1
2020-01-07 Agenda Packet,
Background
Since the adoption of the 1993 Otay Ranch General Development Plan, the City of Chula Vista (City) has
been committed to locating a university and research center within the Otay Ranch Community. The Otay
Ranch General Development Plan (GDP) provided clear direction and policies regarding the type and
intensity of uses that will occur wn the roughly 23,000 -acre Otay Ranch. The proposed land uses include
a series of urban Villages, a resort community, the Eastern Urban Center (EUC), now known as Millenia,
industrial parks, rural residential estates, the University/Regional 'Technology Park (RTP) with associated
housing and commercial uses, and extensive open space.
To the northwest of the University and Innovation District, adjacent to SR-125�, is Millenia. (Eastern Urban
Center), an urban center providing regional commercial, financial, professional, entertainment, and cultural
needs along with residential units. This urban center will consist of a variety of iconic buildings, including
N development and entertainment uses in an urban) pedestrian -oriented setting. Millenia allows for
up to 3.487 million square feet of non-residential development and up to 2,983 residential units. The
portion of Millenia located adjacent to SR -125 is designated as the "Business District" which will have
predominately office uses and will be the catalyst for oyment
attractinhigh-quality empl
g in eastern Chula
Vista.
Existing Site Characteristics
Located in Otay Ranch, the Sunbow Industrial Business Park property (Planning Area 23) is the last
remaining undeveloped portion of the Sunbow Sectional Planning Area (SPA)i Plan. The Sunbow SPA Plan
includes a commercial shopp:ing center and 1,977 residential dwelling units (1,128 single-family, 849
N located on residential streets flanking Medical Center Drive and P,aseo Ladera Drive
(excluding the Sharp Medical Center) between Telegraph Canyon Road, East Palomar Drive, and Olympic
Parkway.
The topography of: the 54 -acre site signcantly rises from its location south of Olympic Parkway and above
the Poggi Canyon Open Space to its mesa -top location adjacent to the northern boundary of the Otay
Landfill. Due to these site constraints, access from Olympic Parkway is expected to be limited to two
collector roads at previously constructed locations.
Entitlement Hi
The subject property was designated Limited Industrial (IL) 'in the 1989 General Plan. The Sunbow SPA
Plan, which was also adopted in 1989, zoned the subject property industrial, consistent with the General
Plan. The remainder of the approved Sunbow 11 Master Plan was then constructed including 1,977
residential units, a neighborhood commercial center, parks, and City of Chula Vista Fire Station #3. As part
2020-01-07 Agenda Packet, Page 136 of 179
of the park development, the Applicant provided an additional park contribution of approximately $13
million.
In 20014, the Applicant submitted a formal General Plan Amendment (GPA) request for the subj:ect site to
change the land use designation to residential. That application was held in abeyance pendinga the City
C_1
Council approval of the General Plan Update. The City Council approved the General Plan Update in 2005
and the land use designation remained Limited Industrial (IL)!.
In 2009, the Applicant pursued the 20,04 GPA application, and on May 13, 20019 the Planning Commission
recommended the City Council deny the proposed amendment. The GPA was scheduled for City Council on
June 2, 2009, but the application was withdrawn by the Applicant on the date of the public hearing.
In April 2019i, after 30 years since the Siunbow SPA Plan approval, and •with no market interest to invest in
public improvements and •grading for an industrial development of the site over that timeframe, the
Applicant submitted a request to initiate a General Plan amendment and rezone to develop an
approximateily 700 multi -family dwelling and an 8 -acre commercial office development. In order to
proceed, the Applicant would have to process an application for General Plan and SPA Amendments, as well
as the appropriate environmental documentation to apply the appropriate land use and zoning&
40
designations for the property. Additional design review permits would also be necessary.
As part of the review of the initiation request, staff questioned the viability of: industrial uses previously
planned for the site versus development of an isolated office land use along with residential land uses. In
response to these issues, the Applicant prepared an Employment Projections Analysis (Attachment No. 1)
and a Fiscal Impact Analysis (Attachment No. 2). The employment analysis concluded that commercial
office uses in general produce a higher number of jobs than light industrial land uses. The fiscal analysis
identified that a modest amount of commercial use would offset the fiscal impacts of a market rate housing
development.
In order to encourage development of viable emp�loyment lands in eastern Chula Vista that will also serve
as a catalyst for development of a university campus, staff asked the Applicant for alternative solutions to
achieve the City's goals and address the continued contention that the industrial development marke)
cannot overcome the necessar ' y site construction costs of the Sunbo�w industrial site. The proposed
Community Public Benefits Agreement (Attachment No. 3,) was the outcome.
In the cas
g
e of the landowner, the Areement would allow the landowner to process entitlements that would
involve converting the designation of an undeveloped 54 -acre site, within the General Plan, General
Development Plan and SPA Plan, from Limited Industrial to residential uses. For the City, the Agreemen)
would provide funding that can be used by the City to direct the construction of either: a Class "A" office
building that would facilitate high quality job enhancement uses along the SR -125 corridor on City or non-
profit owned land or a c:ommercial/academic building that can facilitate either an academic or pri i vate-
sector market -rate project to advance the vision of the University Innovation District (such as enabling the
development of an Institute for International Studies), or some other notable project at the City's
discretion.
The Community Benefit Agreement provides the City with the ability to factate development within the
SR -125 corridor or the University Innovation District in the academic', high technology and 'Innovation
fields that produce opportunities for high paying jobs for the residents of Chula Vista. The commitments of
the landowner made in the Community Benefits Agreement allow the City to realize signcant economic,
social, or other public benefits. These public benefits will advance the interests and meet the needs of
2020-01-07 Agenda Packet, Page 137 of 179
Chula Vista's residents and visitors to a significantly greater extent than the vacant land under the current
entitlements and absent this Agreement.
I
I A JA r r A r A r r A
wlr
AL
rN
Ile
do
The Community Benefits Agreement sets forth the terms under which the City may accept the $8.0 million
in jobi Enhancement Funds. Specifically, to accept these funds, the City would be requi. : red to provide the
following as consideration-.
Approval of all stated entitlements for the proposed development of the 54 -acre site in the Sunbow GDP
within twelve (12) to sixteen (16) months, as such time may be extended pursuant to the agreement. The
entitlements include a General Plan Amendment, Sunbow GDP, and SPA amendment, development
agreement, and vesting tentative map. The maximum residential unit count would be 725. As part of the
agreement, the City reserves the right to exercise its discretion as to all matters that the City is by law
entitled or required to exercise its discretion with respect to the entitlements, including but not limited to
the California Environmental Quality Act and other similar laws.
ar a 40
P zi g e 14
2020-01-07 Agenda Packet, Page 138 of 179
It should be noted again that this agreement acknowledges that both the Planning Commission and City
Council will have full discretionary authority to consider the proposed entitlements at the time they are
presented in a future public hearing, with the benefit of environmental review, plans, technical studies and
full staff analysis.
pipill 111 1 i1 9, 1 �� 11 � 1111111 lot=
0 1 IN ODA
DECISION -MAKER CONFLICT'
Staff has reviewed the property holdings of the City Council members and has found no property holdings
k_.
within 1000 feet of the boundaries of the property which is the subject of this action. Consequently, this
item does not present a disqualifying real property -related financial conflict of interest under California
Code of Regulations Title 2, section 18702.2(a) (7) or (8), for purposes of the Political Reform Act (Cal.
I
Gov't Code §i871010, etseq.).
Staff is not independently aware and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision maker conflict of interest in this matter.
CURRENT -YEAR. FISCAL IMPACT
All application fees and processing costs for this agreement are borne by the Applicant, resulting in no net
impact to the City's General Fund or the Development Services Fund.
ONGOING FISCAL CI
The proposed Agreement provides for $8.0 million in Job Enhancement Funds upon the City's issuance of
the two -hundredth residential building permit for the project and approximately $15.0 million in Park
Benefit Fees, to be used to acquire and deveere in the City.
The future costs of processing entitlements and proj:eclt specific approvals will be borne by the Applicant,
resulting in no net impact to the City's General Fund or Development Services Fund. A full Fiscal Impact
Analysis will be prepared and presented to the City Council in conjunction with future entitlement and
approval actions.
ATTACHMEN'TS
1. Employment Projection Report
2. Fiscal Impact Analysis
3. Community Benefit Agreement
2020-01-07 Agenda Packet,
ws���
[it Projec lolls
Industrial vs. Proploisied:: MixedmUse
Sunbow Planning Area 23 Cliula V"i'sta,, CA
forACI SunbiolAl, LLC
Februaryr27, 21019
,JOHN kc3BUPNS
R.EAL ESTATE CONSULTING
www., re3QAM-PJM.n96Y606. com
Page 140 of 179
0
L,ocatioln and Propert
An�alysis I
sell"
I
John BLARtMRf !db%cC'O n s ulting Page 141 of 179
m1mmTOGffT4w*R
;6famouOlogy
Dj1-!
iect �Review conceptual site
i rket Based on tvnical indusl
60 L-3
. DabeU OF] Lypl(;al I
-%i!%r ;^k fkn
a
j Al
T%C% San Die
Rumors a ores
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0
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2020-01-07 Agenda Packet, Page 143 of 179
mot,
Current Scenario - 36 Acres of Industrial
F1
MdUy
U1 %.*U1JG1U51UFJ5
:.%.
best
commercial
use
for
on-site
job
generation
is
3-sto�ry
office,
generating
a p�rojected
1,796
jobs
at build
-c
+rNrxi
r%ff;^^
nnc-i d+r-
;m +kn
L-,nr%^v%r4
k;r4kncf
^n c-4^
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n+ n
I O)r),A
IQ
r) n^irnr-,N
D -A ri An
Ln. In the San Dean renion contimes to risp, (Se
I
Key Findings: Potential Wage Generation
1111 1
r � 1111119 1 lllm�pllm 1 0 1111111 !l 11 i
so 3E=�
Ott -ICE
0 ff i C, F",
Immary OY %,oc
Mice workers P..,
I UUM I
ilnW PAO
0
or- dvur-dgu wd$JU5 dFlU t
-.han industrial uses.
3.67 8.00 233)1482 11)204
ar numner oy worKers. oynce uses ueneraliE
$551 OOC
L9 , 1. i. 5� -, 0 0- '' c
HU LJOILHIltlidl idFillUill HJUMIM id
Ilmor. I AMU
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11
11
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Analysiss. Job Growth by IndustrA
0
aM OT An;;
n[ISIFIRSS Z-JP.FVIC.Fl
F -I
2020-01-07 Agenda Packet, Page 148 of 179
IVISA San Diego MSA
County San Diego County
city Chula Vista
Location In the Sunbow community, directly south of Olympic
Parkway and north of the Otay Landfill.
The Site has excellent east/west access via Olympic Parkway and
north/south regional access via Interstate 805 (11 .0 mile west of the
Subject) and SIR 125 (toll �road) to the east. Two international
border cross�ings are located within about five and ten miles of the
Site.
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J 0 h n BAR- lt_8 �f dbN 6c to n s u 111 g Page 149 of 179
10
o h n BLARtMRf !db%ct`o n s u I ti n g Page 150 of 179 ill
vii'lage" I - 2-Stary Tri,p[exes
Village 2, -.2-Svt'o,I-y Back:-'t�o-Rack Tlownhcpmes
Village 3 - 3-5twy Timnli,ornes
111M Vil]a e; ��4 - 2-S,tory T' bawnliiomies
0 W P LA, �N N I N G A, R E A 23
S UN B
Proposed Wilxed-Use Conicept Nar
Vil,lage 5 -.2 & 3 -Story Motcr' Cotirl Tcowviivii�omes,
11%
Vil'tage 6 -3-5t�ory Stacked Pliats . . .. .... Alft�
1-ni-ne,i1,cjaI/'E
- Future Coi . ......
Vil'tage, 7
Vill, ge Parks,
OWN
P �L A, N N I N,�G A R EA B C.), U N DA, R Y
Milli
M��
John Page 151 of 179 12
2020-01-07 Agenda Packet, Page 152 of 179 '13
Limiting Cond'it'ions
nTormation
is
correct ana reiia�Die ana
inat we
nave Deen
assume inat
ec
nformed
about
any issues that would affect
project marketability
occur more
or li
x success
potential.
are not taking
ii
confidence;
in tl
Dur
conclusions
and recommendations are
based on
current and
entitlements;
in
3)xpected
performance
of the national, and/or
local economy
and
laws that
favo
,,eal
estate market.
Giiven that economic conditions
can change
availability
andh
and
real estate
markets are cyclical, it i's
critical to
monitor the
estate developE
Biconomy
and re�al-e�state
market continuously
and to
revisit key
major shifts
affe
woject
assumptions
periodically to ensure
that they
are still
updated, with
th
ustified.
herein reviewed
out scenarios
re
Due
to changes
in market conditions, as
well as
changes in
::%.onsumer
psychology,
projected and actual
results
will likely
We have
no rec.
differ.
Events and
circumstances frequently
do not
occur as
circumstances
C
.axpected,
and
the differences may be
material.
We do not
Bixpress
-%r
any form
of assurance on the achievability
of
any pricing
i inr4,nrhAnf4
r%r
^f +kn
aDIIIIYoT aeveiolpers to secure nE
9k cost of development or constri
)r disfavor real estate market.c
,.-.*ost of capital and mortgage finai
I owners and buyers. Should th
ig real estate markets, this analy.,
,onclusions and recommendations
id reevaluated under a potential rc
ZAing changed market conditions.
insibility to update our analysis fc
urrina after the date of our renort-
-.nE
nnl
IUUIU De
marized
r)f huild-
John Burns Real Estate Consultin'l
Pete Reiebi
Principal'- Consulting
(858) 281 -7216
U. III I
.41 r 11 "It I U 0.) , r* (3j
(V ]SL21.P, , _�c
JOI
bcott Wild
Senior Manager - Consulting
(858) 281-7223
,s;aj I i", jr_P,,91Lest,?tp, ";& ijs_Lj1t4owL_mtL
fkfca
A00"l
EA01%, j0% V0
uur Expults
�BOCA RATON
19010 Glades Road
Suite 240
Boca Raton, FL 33431
(561) 919i8-5814
C01LORADO
1630-A 30th Street
Suite 475
Boulder, CO 803011
(7201) 3,28-1530
2020-01-07 Agenda Packet,
FORT MYERS
,M31 Business Park Drive
Suite 301
Fort Myers, FL 33912
(239) 30iO-5057
AO1STOf%
5909 West Loop: South
Suite 590
Bellaire, TX 7'7'4�01
(713) 9016-3829
1��" E E R 1' E V I E W
M. M. w w
Director of Quality Control
(858) 281-72�018
PORTLAND
C RA M EN TO
DENVER
4 -
PHOENIX
& 3)
SAN DIEdD
�IRVINE*
9140 Irvine Center Drive
Suite 200
Irvine, CA 912618
(949) 870-:1200
AUT EAGLARD
155 Fleet Street
Suite 11
Portsmouth, NH 03801
(603) 2:35-:5760 1
j 0 ��H N1 �� BUk, S,
1 A, L ESTAT,`E CIDINSULTING
01
�BAY
it�,,�REEN
N, W ENGLAMID
0
Al
-0
j
WK,`,`H1NGTON,, DC
00
0
RALUGH
0 eel
0
nm/m
qlm��
CONSULTING RESEARCH
16 -
4P,
pm CoNSULTING,
HOUSTON
RESEARCHII
FORT MYERS, 7X
"IBIOCA RATION
JBREC ffeiONAL OFFICES,
SACRAMENTO*
111 Woodmere Road
Suite 250
Folsom, CA 9156i3O
(949) 870-1227
SAft DIEGO*
4250 Executive Squar
Suite 5401
La Jolla, CA 920137
(858) 281-720:01 1
WISCONSIN
230,01 Riverside Drive
Suite 124
Green Bay, WI 54:30'.
(91201) 373,-6727
OTHER OFMCIES
(949) 870-1200
Phoenix, AZ
Portland, OR
Raleigh, NC
Washington DC
*Corporate Headquarters
Page 155 of 179 '16
2020-01-07 Agenda Packet, Page 156 of 179
Year
1
2
4,
5
6
Population
Multi -Family Residential
Total (Per, Capita Base)
339
339
680
680
1,019
1,019
1,361
1,361
1,702
1,702
1,702
1,702
1,702
1,702
�Pzft Number of Homes
7 1 Multi -Family Residential
121
243
364
486
608
608
608
C!'"fY OIL
CHULANIS R
Totals
121
243
364
486
608
608
608
Year
1
2
4,
5
6
Tax Revenues
Property Tax
AV
67,378
138,019
210,,880
287,190
366,469
40�1,082
436,934
Sales and Use Tax
Per Capita
42,531
82,517
123,240
164,166
204,691
204,027
203,383
Sales and Use Tax - Project Specific
Project Specific
-
-
-
-
23,199
23,663
24,136
Transient Occupancy Tax
Per Capita
5,229
10,116
15,183
20,355
25,565
25,663
25,758
Motor Vehicle In -Lieu of VLF
Project Specific
43,605
89,323
136,476
185,862
237,170
259,571
282,773
Franchise Fees
Per Capita
14,645
29�,661
44,884
60,514
76,413
77,156
77,821
Other, Taxes
Per Capita
10�,224
21,018
31,257
41,534
51,779
51,550
51,331
Subtotal Tax Revenues
183.,612
370.,654
561.,920
759.,621
985,286
1, 04Z 712
1.,10Z136
Other, Revenues
Per Capita
859
2,849
4,617
6,614
8,820
9,348
9,641
Licenses and Permits
Per Capita
1,934
3,895
5,853
7,842
9�,847
9�,886
9�,927
Fines, forfeitures, penalties
Per Capita
1,521
3,063
4,602
6,166
7,742
7,773
7,806
Use of'Money & Property
Per Capita
3,678
7,407
11,131
14,912
18,725
18,799
18,878
Charges for Services
No Forecast
-
-
-
-
-
-
-
Intergovernmental
Per Capita
2,620
5,278
7,931
10,625
13,342
13,395
13,451
Subtotal Other Revenues
10,612
22,492
34,134
46,160
58,476
59,201
59,703
Total General Fund Revenues
$
194o224
$
393ol46
$ 596oO54
$ 805o781
$ 11043,762 $
11101,912
$ 11161,839
General Fund Expenditures
General Government
fler Ca��)�,U.'t
3,432
6A980
10�,591
s, 14,328
18,168
18,419
18,678
Community Development (20%)
C'��It"'fltA
770
1,566
2 ' 376
3,214
4,075
4,132
4,190
Public Works/Engineering (2011/o)
1,232
2,556
3,869
5,215
6,577
6,638
6,704
C i_""' J", �f' 11' 1"""1, S e
Drainage Management System
9,136
18,347
27,482
36,693
45,904
45,904
45,904
Building Management System
All, 1
1,412
2,835
4,247
5,671
7,094
7,094
7,094
Parks Management System
15, �
5,404
10�,853
16,257
21 ' 706
27,155
27,155
27,155
Open Space Management System
2
2,316
4,651
6,967
9�,303
11,638
11,638
11,638
Fleet Management System
1,287
2,584
3,871
5,168
6 ' 465
6,465
6,465
Pavement Annual (PMP)
All, 1
4,889
9�,819
14,709
19�,639
24,569
24,569
24,569
General Govt Management System
225
452
677
904
1,131
1,131
1,131
Urban Forestry Management System
2
2,316
4,651
6,967
9�,303
11,638
11,638
11,638
7 Z
26,985
54,193
81,178
10�8,386
135,594
135,594
135,594
Community Services
fler Ca��)�,U.'t
4,649
9,455
14,347
19,410
24,612
24,951
25,302
Public Safety:
Police Servici(,.�s
Project
10�4,848
222,763
347,714
483,472
629,932
657,553
686,582
Ffi-e Sei-vices
44,377
9�3)060
145,987
200,322
257,463
264,936
272,582
Anim�,fl Clontrol Services
fler Ca��)�,U.'t
3,459
7,035
10�,674
14,441
18,311
18,564
18,825
Total Public Safety
152,683
322,857
504,375
69�8,235
9�05,706
9�41,053
9�77,990
Total General Fund Expenditures
189o751
$
397o6O7
$ 616o736
$ 848o789
$ 11094,732 $
11130,787
$ 11168,457
Projected Net Revenuesffihortfall)
$4,473
($4,46-1.)
($20,�6,83)
($43,�007)
($50,�971.)
($28,�874)
($6,617)
2020-01-07 Agenda Packet, Page 156 of 179
2020-01-07 Agenda Packet, Page 157 of 179
Year
9
0
12
13
14,
is
Population
Multi -Family Residential
Total (Per, Capita Base)
1,702
1,702
1,702
1,702
1,702
1,702
1,702
1,702
1,702
1,702
1,70,2
1,70,2
1,702
1,702
1,70,2
1,70,2
�Pzft Number of Homes
7 1 Multi -Family Residential
608
608
608
608
608
60�8
608
60�8
C!'"fY OIL
CHULANIS R
Totals
608
608
608
608
608
60�8
608
60�8_
Year
12
15
16
17
Tax Revenues
Property Tax
AV
474,059
512,495,
552,278
563,323
574,590
586,082
597,803
609,759
Sales and Use Tax
Per Capita
202,760
208,842
215,108
221,561
228,208
2351054
242,106
249,369
Sales and Use Tax - Project Specific
Project Specific
24,619
25,111
25,613
26,125
26,648
27,181
27,725
28,279
Transient Occupancy Tax
Per Capita
25,904
26,681
27,481
28,306
29�,155
30,029
30 ' 930
31,858
Motor Vehicle In -Lieu of VLF
Project Specific
30�6,799
331,674
357,420
364,569
371,860
379,297
386,883
394,621
Franchise Fees
Per Capita
78,519
80,874
83,301
85,800
88,374
911025
9�3,756
96,568
Other, Taxes
Per Capita
50�,529
52,045
53,607
55,215
56,871
58,577
60�,335
62,145
Subtotal Tax Revenues
1.,163.,189
1.,237,722
1.,314.,807
1.,344.,899
1.,375.,705
1,407,245
1,439.,537
1,472,599
Other, Revenues
Per Capita
10�,033
10�,334
10�,644
10�,964
11,292
11,631
11,980
12,340
Licenses and Permits
Per Capita
9�,972
10,271
10,579
10,896
11,223
111560
11,907
12,264
Fines, forfeitures, penalties
Per Capita
7,841
8,076
8,318
8,568
8,825
9,0�89
9,362
9,643
Use of'Money & Property
Per Capita
18,962
19�,531
20,117
20,720
21,342
21,982
22)641
23,321
Charges for Services
No Forecast
-
-
-
-
-
-
-
-
Intergovernmental
Per Capita
13,511
13,916
14,334
14,764
15,207
15,663
16,133
16,617
Subtotal Other Revenues
60,318
62,128
63,991
65,911
67,888
69,925
72,023
74,183
Total General Fund Revenues
$
11223,507
$
11299,850
$ 11378,799
$ 11410,810
$
11443,594
$
1,477,171
$
1�511,560 $
1,546,783
General Fund Expenditures
General Government
fler Ca��)�,U.'t
18,945
19,220
19,504
19,796
20�,097
20,406
$
20�,905
21,421
Community Development (20%)
C'��It"'fltA
4,250
4,311
4,375
4,441
4,508
4,577
4,689
4,805
Public Works/Engineering (2011/o)
6,755
6,819
6,873
6,976
7,082
7,191
7,367
7,548
C i_""' J", 7, 11' 1"""1, S e
Drainage Management System
45,904
45,904
45,904
45,904
45,904
45,904
45,904
45,904
Building Management System
All, 1
7,094
7,094
7,094
7,094
7,094
7,094
7,094
7,094
Parks Management System
15, �
27,155
27,155
27,155
27,155
27,155
27,155
27,155
27,155
Open Space Management System
2
11,638
11,638
11,638
11,638
11,638
11,638
11,638
11,638
Fleet Management System
6,465
6,465
6,465
6,465
6,465
6,465
6,465
6,465
Pavement Annual (PMP)
All, 1
24,569
24,569
24,569
24,569
24,569
24,569
24,569
24,569
General Govt Management System
1,131
1,131
1,131
1,131
1,131
1,131
1,131
1,131
Urban Forestry Management System
2
11,638
11,638
11,638
11,638
11,638
11,638
11,638
11,638
7 Z
135,594
135,594
135,594
135,594
135,594
135,594
135,594
135,594
Community Services
fler Ca��)�,U.'t
25,664
26,037
26,421
26,817
27,224
27,644
28,319
29,0,18
Public Safety:
Police Servici(,.�s
Project
715,599
735,474
755,896
774,793
794,163
814,017
834,368
855,227
Ffi-e Sei-vices
279,877
287,576
29�5,195
304,051
313,172
322,567
332,244
342,212
Anim�,fl Clontrol Services
fler Ca��)�,U.'t
19,094
19,371
19,657
19,952
20�,255
20,567
21,069
21,589
Total Public Safety
1,014,571
1,042,422
1,070,748
1,098,796
1,127,590
1,157,152
1,187,681
1,219,028
Total General Fund Expenditures
11205,777
$
11234,402
$ 11263,514
$ 11292,419
$
11322,095
$
1,352,564
$
1�384,555 $
1,417,414
Projected Net Revenuesffihortfall)
$17,729
$65,447
$115,284
$118,391
$121,499
$124,606
$127,005
$129,369
2020-01-07 Agenda Packet, Page 157 of 179
2020-01-07 Agenda Packet, Page 158 of 179
Year
16
1
18
1
20
Population
Multi -Family Residential
Total (Per, Capita Base)
1,70,2
1,70,2
1,702
1,702
1,70,2
1,70,2
1,702
1,702
1,70,2
1,70,2
�Pzft Number of Homes
7 1 Multi -Family Residential
60�8
608
60�8
608
60�8
C!'"fY OIL
CHULANIS R
Totals
60�8
608
60�8
608
60�8_
Year
'18
19
20
2 1
2 2
Tax Revenues
Property Tax
AV
621,954
634,393
647,081
660,,023
673,223
Sales and Use Tax
Per Capita
256,850
264,555
272,492
280,667
289,087
Sales and Use Tax - Project Specific
Project Specific
28,845
29,422
30,010
30,610
31,222
Transient Occupancy Tax
Per Capita
32,814
33,798
34,812
35,857
36,932
Motor Vehicle In -Lieu of VLF
Project Specific
402,513
410,,564
418,775
427,150
435,693
Franchise Fees
Per Capita
99,465
102,449
105,523
108,688
111
Other, Taxes
Per Capita
64,0,09
65,929
67,907
69,944
72,0,43
Subtotal Tax Revenues
1,506,451
1,541,111
1,576,601
1.,61Z940
1,650,150
Other, Revenues
Per Capita
12,710
13,091
13,484
13,888
14,305
Licenses and Permits
Per Capita
12,632
13,011
13,401
13,803
14,217
Fines, forfeitures, penalties
Per Capita
9,932
10�,230
10,537
10�,853
11,179
Use of'Money & Property
Per Capita
24,020
24,741
25,483
26,248
27,035
Charges for Services
No Forecast
-
-
-
-
-
Intergovernmental
Per Capita
17,115
17,629
18,157
18,702
19,263
Subtotal Other Revenues
76,409
78,701
81,062
83,494
85,999
Total General Fund Revenues
$
1,582,860 $
1,619,812
$
1,657,663
$
1,696,434
$
1,736,149
General Fund Expenditures
General Government
fler Ca��)�,U.'t
21,948 $
22,490
23,0,49
$
230625
24,218
Community Development (20%)
C'��It"'fltA
4,9 2 3
5,045
5,170
5,299
5,433
Public Works/Engineering (2011/o)
7,734
7,925
8,122
8,325
8,534
C i_""' J", �f' 11' 1"""1, S e
Drainage Management System
45,904
45,904
45,904
45,904
45,904
Building Management System
All, 1
7,094
7,094
7,094
7,094
7,094
Parks Management System
15, �
27,155
27,155
27,155
27,155
27,155
Open Space Management System
2
11,638
11,638
11,638
11,638
11,638
Fleet Management System
6,465
6,465
6,465
6,465
6,465
Pavement Annual (PMP)
All, 1
24,569
24,569
24,569
24,569
24,569
General Govt Management System
1,131
1,131
1,131
1,131
1,131
Urban Forestry Management System
2
11,638
11,638
11,638
11,638
11,638
7 Z
135,594
135,594
135,594
135,594
135,594
Community Services
fler Ca��)�,U.'t
29,732
30�,466
31,223
32,003
32,808
Public Safety:
Police Servici(,.�s
Project
876,608
898,523
920,986
944,010
967,611
Ffi-e Sei-vices
352,478
363,052
373,944
385 ' 162
396,717
Anim�,fl Clontrol Services
fler Ca��)�,U.'t
22,121
22,667
23,230
23,811
24,409
Total Public Safety
1,251,206
1,284,242
1,318,160
1,352,983
1,388,737
Total General Fund Expenditures
1,451,138 $
1,485,762
$
1,521,319
$
1,557,830
$
1,595,324
Projected Net Revenuesffihortfall)
$131,722
$134,050
$136,344
$138,604
$140,825
2020-01-07 Agenda Packet, Page 158 of 179
ILI 01010 1 OIL
This Community Benefit Agreement ("Agreement") is entered into to be effective
as of this day of � 20 , ("Effective Date") by and between ACI
Sunbow, LLC, a limited liability corporation (referred to as "Owner") and the City of
Chula Vista,, a California chartered municipal corporation ("City"). City and Owner
are sometimes singularly referred to herein as a "Party" and collectively as "Parties."
This Agreement is made and entered into with respect to the following Recitals and
in consideration of the following covenants and conditions:
A. Owner owns that certain undeveloped real property consisting of 54 acres,
located in the City, and more particularly shown on the attached Exhibit "A"" (the
" Property")�.
B. The Property is part of a master -planned community subject to the Sunbow General
Development Plan ("GDP") and Sectional Planning Area ("SPA") Plan, approved by the
City in 1989, and commonly known as "Sunbow."
C. Land uses to the north of the Property include the built -out sections of the Sunbow
11 Master Plan, including 2,000 residential units, a neighborhood commercial center,
parks, and City of Chula Vista Fire Station #3. The land further to the west includes open
space areas preserved by the Multiple Species Conservation Program ("MSCP"). The
Otay Landfill is located at the southeastern boundary of the Property and will be separated
from any proposed development on the Property. To the east of the Property is the Otay
Ranch Village 2 West property, which is currently designated with a combination of
residential and industrial uses.
D. Access to the Property is via Olympic Parkway, which has been designated a "Scenic
Roadway" by the City. The City has already previously approved two curb cuts via
Olympic Parkway for access to the Property that would accommodate a roadway
configuration suitable for access to development.
E. The Property is currently designated under the GDP, SPA, and the City's General
Plan as IL (Limited industrial)," which allows for light manufacturing, warehousing,
auto repair, and auto salvage yards.
F. The Property's current IL designation reflected in part, past efforts to buffer areas of
the Otay Landfill (the "Landfill") that were active in the 1990s. The Landfill operations
that occurred in these areas have since ceased, as operations have moved to other areas
in the Landfill (i.e., the portion of the Landfill eligible to accept waste). Today, the area
to the north of the then active Landfill is surrounded by residential uses, and other areas
2020-01-07 Agenda Packet I Page 159 of 1,79
that were previously zoned as IL, have since been rezoned to residential uses.
G. The Owner is proposing to amend the City's General Plan and the Sunbow GDP and
SPA to change the existing General Plan land use designation on the Property from IL to
residential designations that will provide for a range of housing opportunities. The
amendment would accommodate approximately 725 units on the site that will provide
moderately -priced new housing for Chula Vista residents ("Project"). Open space will
be located within the residential areas of the site and around the entire southeast perimeter
of the Property that will further separate the Project from the Landfill. It is anticipated
that development of the Property will occur at least 1,000 feet from the active operational
areas of the Landfill.
H. The Property has, remained undeveloped for the last thirty (30) years, and the
development of the site under its current General Plan designation as IL has proven
infeasible. The costs to bring the Property to a finished industrial lot condition excee4l
the market value of the Property as an industrial site. Site development costs to create
industrial pads are estimated at well over $20 million, which exceeds the Property's value
as finished industrial lots.
1. The City is interested in facilitating the creation of high-quality jobs and economic
growth within the City by providing opportunities that target and attract industries and
businesses that contribute to diversification and stabilization of the local economy. A key
aspect of facilitating such economic growth is encouraging the development of spaces
that can be usedby high technology and large manufacturing businesses within the SR -
125 corridor or academic, institutional, and innovation -related businesses within the
University Innovation District Master Plan. The construction of such spaces willbenefit
the citizens of the City and the region by providing a catalyst for development that will
generate high-quality jobs within the SR -125 corridor or the University Innovation
District Master Plan.
J. The Community Benefit Agreement will provide funding that can be used by the
City to direct the construction of either: a Class "A"' office building that would facilitate
high quality job enhancement uses along the SR- 125 corridor or a commercial/academic
building that can facilitate either an academic or private -sector market -rate project to
advance the vision of the University Innovation District Master Plan enabling the
development of the Institute for International Studies, or some other notable project at
the City's discretion.
K. The Community Benefit Agreement provides the City with. an opportunity to
facilitate development within the SR- 125 corridor or the University Innovation District
Master Plan. in the academic, high technology and innovation fields that produces high
paying jobs for the residents of Chula Vista. The commitments of the Owner made in
2020-01-07 Agenda Packet 2 Page 160 of 1, 79
this Agreement allow the City to realize significant economic, social, or other public
benefits. These public benefits will advance the interests and meet the needs of Chula
Vista's residents and visitors to a significantly greater extent than would development of
the Project under the current entitlements and absent this Agreement.
NOW, THEREFORE, in consideration of the above Recitals and of the mutual
covenants hereinafter contained, and for other good and valuable considerations, the
receipt and sufficiency of which is hereby acknowledged, Owner and City agree as
follows..
FAJ�'1'
M k41[QMBffJ
DEFINITIONS
1. 1. Definitions. This Agreement uses a number of terms having specific meanings,
as defined below. These specially defined terms are distinguished by having the initial
letter capitalized when used in this Agreement. The defined terms include the
[no IMM.9
"Eastern Chula Vista" means, the territory of the City of Chula Vista
generally located east of Interstate 805.
"Effective Date" means the date the Agreement becomes effective and is set
forth in the first paragraph of this Agreement.
"Entitlements" means: (i.) amendments to the City's General. Plan and the
Sunbow General. Development Plan., dated July 26, 1989; (ii) amendment
to the Sunbow Sectional. Planning Area (S PA) adding approximately 725
residential units; (iii) vesting tentative subdivision map to subdivide the
Property in accordance with the SPA; (iv) Development Agreement,- (v)
2020-01-07 Agenda Packet 3 Page 161 of 1, 79
related entitlement documents, such as a Public Facilities Financing Plan,
necessary to implement the Project,, (vi) application to waive the City's
Parkland Acquisition and Development Fees set forth in Municipal Cod(*!
Section 17. 10 et seq.; and (vii) appropriate California Environmental
Quality Act compliance for the discretionary actions (i) and (vi) above.
"Favorable Outcome" means a finaL non -appealable judgment affirming the
validity of the Entitlements or other resolution mutually acceptable to the parties.
"Final Draft Entitlements" means a draft of the Entitlements in which the City
has completed its final review, including all of the conditions and mitigation
measures associated with the Pro ect.
i
"Growth Management Program" means the City policies and standards
intended to regulate the timing and phasing or rate of growth within the City,
as set forth in the City's Growth Management Element of the City's General
Plan and Chapter 19.09 of the Chula Vista Municipal Code in effect as of the
Effective Date of this Agreement.
"Processing Schedule" means the time frame needed to process the
Entitlements for final consideration by the City Council in accordance with
Exhibit "B."
"Proj'ect"i means the development of the Property with approximately 725
residential units, consistent with the provisions of the Entitlements and
applicable City policies and standards, including the City's Growth
Management Program.
"Property" means the real property described and shown in Exhibit "A"' to this
Agreement.
"Term" shall mean the period of time from the Effective Date until the
termination of this Agreement, as set forth in Paragraph 4.6.
"Third-Partv Litigation" means any claim, action, referendum. or proceeding
filed and served against the City and/or Owner by anyone not a party to this
Agreement or their agents or successors in, interest to challenge, set aside,
void or annul the approval of this Agreement or the Entitlements, including
without limitation', attacks upon California Environmental Quality Act
co�mpliance.
2020-01-07 Agenda Packet 4 Page 162 of 1,79
M W70 tu na,
2.1. Approval of Entitlements. If the Entitlements are approved by the City
Council within twelve (12) to sixteen (16) months after the Owner's Entitlement
application has been deemed complete by the City, as such time may be extended as
provided for in Paragraph 4.7 (Force Majeure), and the approved Entitlements are
substantially the same in substance as the Final Draft Entitlements, or in such
corrected form as necessary to preserve the Entitlements as agreed upon by the
Parties, the Owner shall provide the City with the sum of eight million dollars ("Job
Enhancement Funds") in three payments. The first payment of up to one million
dollars will be made upon the City's issuance of the first building permit based upon
the City's sole determination that such amount is needed to provide start-up funding
for a first phase of a University or Innovation District opportunity. The second
payment of one million dollars will be made upon the issuance of the one-hundredth
(I 00th) building permit for the Project. The third payment of six million dollars plus
the amount that may have not been requested by the City in the first payment, will be
made upon the issuance of the two -hundredth (200th) building permit for the Project.
(All such Job Enhancement Funds shall be subject to the provisions set forth in
Article 2 and Article 3 of this Agreement.) Notwithstanding the foregoing time frame
for processing the Entitlements as described herein, the Owner and the Director of
Development Services can agree to extend said time frame for any reason and shall
memorialize such extension in writing. The Parties agree to diligently work towards
the timely issuance of the first building permit, the one-hundredth (100th) building
permit and the two hundred (200) building permits needed to trigger the Owner's
obligation to deposit the Job Enhancement Funds with the City, such efforts will
include the City's expedited processing of grading plans, improvement plans, and
other plans or permits, as needed to issue a building permit. The approved
Entitlements will be considered substantially the same in substance as the Final D�raft
Entitlements if the Project as described in both documents are essentially the same as
to its land -use designations, density and intensity of such uses, infrastructure
requirements, and timing and phasing of such development. In the event the
Entitlements are not approved as provided for herein, this Agreement shall be
terminated, and the Owner shall have no obligation to provide the Job Enhancement
Funds and any Entitlements that have been approved by the City shall be considered
void A initio and be of no effect. The City shall vacate any Acknowledgments of
Offers of Dedications that may have been providedby the Entitlements within thirty
(30), days of the Owner's request. Should the Owner sell the Project at any time prior
to the payment of the full amount of the Job Enhancement Funds to the City, the
Owner shall remit the full eight million dollars or remaining portion thereof with the
2020-01-07 Agenda Packet Page 163 of 1, 79
Lgity, upon the close of escrow of the Project salcl
2.2. Job Enhancement Funds. The Owner shall provide the Job Enhancement
Funds to the City in three payments. The first payment of up to one million dollars
will be made upon the City's issuance of the first building permit based upon the
City's sole determination that such amount is needed to provide start-up funding for
a first phase of a University or Innovation District opportunity. The second payment
of one million dollars will be made upon the issuance of the one-hundredth (100th)
building permit. The third payment of six million dollars plus any amount not
requested by the City in the first payment will be made upon the issuance of the two -
hundredth (200th) building permit for the Project. The Job Enhancement Funds shall
be held by the City in a separate account to be used pursuant to the terms set forth in
paragraph 2.3 of this Agreement.
2.3 Disbursement of Job Enhancement Funds. The City will invest the Job
Enhancement Funds into the construction of a project in furtherance of the goals set
forth in the University Innovation District Master Plan, on a site located within the
University Innovation District Master Plan or within the SR- 125 corridor that is
owned by the City or under the control or ownership of a non-profit entity that has
been established to effectuate the goals of the University Innovation District Master
Plan. The Parties understand that the Owner shall not be required to provide any other
additional funds or investments into such project identified 'by the City and as
described herein. By way of example only, such projects could involve: (i) the
construction of a class "A" office building, or an academic, commercial or innovation
facility or building that will attractjob enhancing uses, into the SR- 125 corridor or the
University Innovation District Master Plan; (ii) such other building or facility that
would enable the development of the Institute for International Studies; or (iii) some
other notable project at the City's discretion consistent with the goals of the
University Innovation District Master Plan.
2.4. Park Facifities. The Property, which is a part of the master -planned community
described in the Sunbow SPA, has been largely built out except for this site. Owner
satisfied its park obligations for the previously developed portions of the Sunbow
SPA in accordance with Chapter 17. 10 of the Chula Vista Municipal Code ("Chapter
17.10"). The Owner shall satisfy its park obligations, for the Project in the manner
set forth as follows.- the City shall waive the parkland dedication and development
requirements set forth in Chapter 17.10 (including the Parkland Acquisition and
Development Fees/Quimby Fees); in lieu thereof, the Owner shall pay a Park Benefit
Fee, equal to the PAD fees that would have otherwise been due pursuant to Chapter
17. 10, using the PAD fee rates in effect as of the date of payment. The Park Benefit
2020-01-07 Agenda Packet 6 Page 164 of 1, 79
Fee shall be due and payable no earlier than issuance of the first building permit, but
no later than final inspection as solely determined by the Director of Development
Services. Park Benefit Fees may be utilized by the City to acquire or develop
parkland, as the City determines appropriate and in the best interest of the City.
3.1 Entifflements Processi* Owner will file with the City all applications and pay
all applicable fees for the review, processing, and consideration of the Entitlements
by the City pursuant to the terms provided in the City's standard Staffing and
Processing Agreement ("Processing Agreement"). City will diligently process the
Entitlements, in accordance with the Processing Schedule, attached hereto as Exhibit
"B," for final consideration by the City Council. Owner acknowledges and agrees
that the City has not made any representations or warranties as to the viability of any
of the land uses contemplated in the Entitlements or the approval of such
Entitlements.
3.2 Review Period. Owner shall have thirty (30) days after the Final Draft
Entitlements has been provided to the Owner to review such documents and decide
whether to proceed with processing the Entitlements. During the Owner's thirty -day
review period, City agrees to meet with Owner in good faith to discuss the Final Draft
Entitlements and consider any changes that the Owner may request. Owner shall
notify the City in writing, at the conclusion of the thirty -day review period, as to
whether the Owner wishes to continue processing the Final Draft Entitlements. The
Parties acknowledge that the City has, the discretion to apply such conditions as
entitled by law provided there shall be a reasonable relationship between the
condition and the Project. The Owner is not required to provide forms of
extraordinary public benefit or in which there is no reasonable relationship to the
Project other than the benefits that provided for herein or as may be agreed upon by
the Parties in a development agreement. For purposes of this paragraph "reasonable
relationship" between the Project and any requirement imposed thereon shall. mean
an �(.es,sential nexus" and "rough proportionality" between the Project and such
requirement in accordance with Federal or State law. Owner may decide to stop the
processing of said documents if Owner determines, in its sole discretion, that it is
economically infeasible or undesirable to continue. If the City is notified to stop
processing the Final Draft Entitlements and the reasons thereof, this Agreement shall
terminate, and the Entitlement application shall be considered withdrawn by the
Parties.
2020-01-07 Agenda Packet 7 Page 165 of 1, 79
3.3. Thi*rd-Party Liffi*gation. In the event of an outcome to Third Party Litigation
other than a Favorable Outcome, the Parties agree to meet and confer regarding
corrective action necessary to preserve the Entitlements, and the Parties may elect to
proceed with the corrective action necessary to preserve the Entitlements. In the event
either Party determines it is not in such Party's interest to proceed with the corrective
action necessary to preserve the Entitlements, written notice not to proceed with such
corrective action, shall be provided to the other Party at which time this Agreement
shall be terminated, and the Owner shall have not further obligations as set forth in
Article 3. Any Entitlements that have been approved by the City shall be considered
void A initio and be of no effect. The Parties agree to mutually cooperate to take
such actions necessary to formally dispose of the Third -Party Litigation.
3.4. Option to withdraw from Liftigafi*on. In the event of Third -Party Litigation,
the Parties may mutually decide (irrespective of whether the Owner is named in such
Third -Party Litigation) that it is no longer desirable to defend against said Litigation.
In such event, the Parties agree to mutually cooperate to take such actions necessary
to formally dispose of the Third -Party Litigation, and upon such termination of the
litigation, the Entitlements that have been approved by the City shall be considered
null and void, and this Agreement shall be terminated, at which time the Owner shall
have no further obligation to provide the Job Enhancement Funds, as described in
Article 2.
3.5. Discretion of Owner understands and agrees that the City reserves the
right to exercise its discretion as to all matters in which the City is by law entitled or
required to exercise its discretion with respect to the Entitlements, including but not
limited to the California Environmental Quality Act and other similar laws. In
addition, the Entitlements shall be subject to and brought to City Council for
consideration in accordance with applicable legal requirements, including laws,
related to notice, public hearings and due process. In addition, nothing herein shall
be construed as to restrict the City's ability to exercise its discretion as provided by
the City's Growth Management Program or to condition the Project in the manner
City determines appropriate in accordance with its general police powers.
ARTICLE 4
4.1. infrastructure for Off-site Pr rtv. The Project shall not be conditioned to
fund or construct any public infrastructure including, without limitation, streets,
sewer, storm drain, basins, water connections, park, open space, landscaping, and dry
utility facilities, that may be needed to serve the site upon which the class "A"
2020-01-07 Agenda Packet 8 Page 166 of 1,79
building or such other project will be constructed within the University Innovation
District Master Plan, as set forth in Article 2 above.
4.2. 'TDIF Obli2ations. The Transportation Development Impact Fee ("TDIF") credits
for each development neighborhood within the Sunbow SPA was calculated as of
February 1, 2003. The City acknowledges and agrees that the Owner is entitled to
330.67 in cash credits and 109.41 EDU ("Equivalent Dwelling Units") credits
$455� 4-/
resulting from construction of improvements, such as East Palomar Street phases I B and
I C,, which may be used for the Project.
4.3. Developer's Potential Obfii!ations Under CVMC 19.09.09 Remain.
Developer acknowledges and agrees that its obligation to pay the Job Enhancement Funds
under this Agreement shall be in addition toi, and not in lieu of, any obligation Developer
may have pursuant to Chula Vista Municipal Code section 19.09.019 to provide funding
or make any shortfall payments to the City for periods where Project expenditures excee(i
projected revenues.
4.4. Development Agreement. The Parties agree to negotiate in good faith to enter into
a binding development agreement authorized under California Government Code
sections 65864 et seq., as a part of the Entitlements considered for approval by the City.
Any negotiated Development Agreement shall, among other things, contain and not be
inconsistent with, the terms and conditions set forth as follows: (i) the extraordinary
public benefits identified in Article 2 of this Agreement shall be recognized as
consideration for the Development Agreement; (ii) Owner shall receive vested rights to
develop and maintain the Property to the land uses, densities and intensities of use set
forth in the approved Entitlements; and (iii) the terms, and conditions set forth in Article
4 of this Agreement as related to the development of the Project shall be included in the
development agreement.
4.5. Formation of Communik Fa6fifles, ffistri*cts. City understands that the
Owner may seek to form a Community Facilities District(s) ("CFDs") or a Statewide
Community Infrastructure Program ("SCIP") to fund the Project's related
improvements, fees related to such improvements, and the maintenance of such
improvements. In, addition, City agrees that the current City policy with. regard to
CFDs limiting the total assessment to two percent (2%) of home sales prices shall
remain in effect for Owner's Property. City agrees to memorialize the above
described provisions as a -part of the Entitlements.
4.6. 'Term. Notwithstanding any provision of this Agreement to the contrary, the
2020-01-07 Agenda Packet 9 Page 167 of 1,79
term of this Agreement and the rights, duties and obligations of the Parties under this
Agreement shall not extend beyond seven (7) years from the Effective Date unless
mutually agreed to by the Parties in writing, except for the provisions of paragraph
5.22 which expressly survive beyond the expiration of this seven-year term. Upon
termination of this Agreement, the provisions of paragraph 5.18 shall apply.
I I qipp
%-TW1 We KWI amrlutwomitsuma
Effective Date, unless mutually agreed to by the Parties in writing.
MISCELLANEOUS PROVISIONS
5.1. Entire Agreement. This Agreement contains the entire understanding and
agreement of the Parties, and there are no oral or written representations,
understandings or ancillary covenants, undertakings, or agreements which are not
contained or expressly referred to as an exhibit herein. No testimony or evidence of
any such representations, understandings, or covenants shall be admissible in any
proceeding of any kind or nature to interpret or determine the terms, or conditions of
this Agreement.
5.2. Severab . If any term, provision, covenant or condition of this Agreement
shall be determined invalid, void or unenforceable, then this Agreement shall
terminate in its entirety, unless the Parties otherwise agree in writing.
5.3. Intergretation and Governing Law. This Agreement and any dispute arising
hereunder shall be governed and interpreted in accordance with the laws of the State
of California. This Agreement shall be construed as a whole according to its fair
language and common. meaning to achieve the objectives, and purposes of the Parties,
hereto, and the rule of construction to the effect that ambiguities are to be resolved
against the drafting Party shall not be employed in interpreting this Agreement, all
Parties havingbeen represented by counsel in the negotiation and preparation hereof
2020-01-07 Agenda Packet 10 Page 168 of 1,79
5.4. Parai!ragh Headini!s.. All Paragraph heading and subheadings are inserted for
0
convenience only and shall not affect any construction or interpretation of this
5.5. SinLyular and Plural. As used herein, the singular of any word includes the
plural.
5.6. Time of Essence. Time is of the essence in the performance of the provisions
of this Agreement as to which time is an element.
5.7. Waiver. Failure of a Party to insist upon the strict performance of any of the
provisions of this Agreement by the other Party, or the failure by a Party to exercise
its rights upon the default of the other Party, shall not constitute a waiver of such
Party's right to insist and demand strict compliance by the other Party with the terms
of this Agreement thereafter.
9" 0
5.8. No Third -Party Benoiciaries. This Agreement is made and entered into for the
sole protection and benefit for the Parties and their successors, and assigns. No other
person shall have any right of action based upon any provisions of this Agreement.
5.9. Mutual Covenants. Unless expressly provided otherwise in this Agreement, the
covenants contained herein are mutual covenants and also constitute conditions to
the concurrent or subsequent performance by the Party benefited thereby.
5.10. Successors in Interest. Unless expressly provided otherwise in this
Agreement, this Agreement shall be binding upon and inure to the benefit of the
successors, assigns, and interests of the Parties as to any or all of the Property until
released by the mutual consent of the Parties. The burden of the covenants contained
in this Agreement benefit and burdens the Property, its successors and assigns and
any successor in interest thereto as, well as benefit the City. City is deemed the
beneficiary of such covenants for and in its own right and for the purposes of
protecting the interest of the community and other parties public or private, in whose
favor and for whose benefit of such covenants running with the land have been
provided without regard to whether City has been, remained or are owners of any
particular land or interest therein.
5.11. Countemarts., The Parties may execute this Agreement in counterparts, which
counterparts shall be construed together and have the same effect as if all the Parties
had executed the same instrument.
5.12. Jurisdiction and Venue. Any action or law or in equity arising under this
Agreement or brought by a Party hereto for the purpose of enforcing, construing or
determining the validity of any provision of this Agreement shall be filed and tried
in the Superior Court of the County of San, Diego, State of California, and the Parties
2020-01-07 Agenda Packet I I Page 169 of 1,79
hereto waive all provisions of law providing for the filing, removal or change of
venue to any other court.
5.13. Further Aeflons, and Instruments. Each of the Parties shall cooperate with
and provide reasonable assistance to the other to the extent contemplated hereunder
in the performance of all obligations under this Agreement and the satisfaction of the
conditions of this Agreement. Upon the request of either Party at any time, the other
Party shall promptly execute, with acknowledgment or affidavit if reasonably
required, and file or record such requited instruments and writins!s reasonably
acceptable to such Party and take any actions as may be reasonably necessary under
the terms of this Agreement to carry out the intent and to fulfill the provisions of this
Agreement, provided that neither Party will be obligated to modify any rights or
accept any additional obligations or liabilities in connection therewith.
5.14. Amendments I*n Wriffi*nLY/Coomratio . This Agreement may be amended
only by written consent of both Parties, specifically approving the amendment.
5.15. Notices. Any notice called for in this Agreement shall be sent by hand delivery,
overnight courier service, or by registered or certified mail as follows:
To City: City of Chula Vista
Development Services
276 Fourth Avenue
Chula Vista, CA 919 10
Attn.# Director of Development Services
With Copy to: City of Chula Vista
City Attorney's O�ffice
276 Fourth Avenue
Chula Vista, CA 919 10
Attn: City Attorney
To Owner: ACI Sunbow, LLC.
550 West C Street, Suite 1470
San Diego, CA. 92101
or such other address as a Party may inform the o�thers of from time to time. Any such
notices sent by registered or certified mail, return receipt requested, shall be deemed
to have been duly given and received three (3) business days after the same is so
addressed and mailed with postage prepaid. Notices delivered by overnight service
shall be deemed to have been. given upon delivery, charges prepaid to the U.S. Postal
Service or private courier.
2020-01-07 Agenda Packet 12 Page 170 of 1, 79
5.16. Authority to Execute. Owner and the City each warrant and represent that the
person or persons executing this Agreement on their behalf have the authority to
execute this Agreement.
5.17. Exhl*bl*ts and Attachments. All Exhibits referenced within the Agreement are
incorporated herein and made a part of this Agreement.
5.18. Terminaflon. In the event this Agreement terminates as provided in
Paragraphs 3.2, 3.3, 3.4, and 2. 1, herein, the Entitlements shall be withdrawn, any
approved Entitlements shall be null and void, and of no further force and effect, any
Processing Agreement shall also terminate, and Owner shall have no obligation to
provide the Job Enhancement Funds as provided in Article 2 herein. Owner agrees
to promptly pay any outstanding processing fees due the City in accordance with a
Processing Agreement as may be applicable.
5.19. Private Undertakigg, It is specifically understood by City and Owner that
(i)
the Project is a private development; (ii) City has no interest and/or responsibilities
for or duty to the Owner or third parties concerning any improvements to the
Property; (iii) Owners shall have the fall power and exclusive control of the Property
subject to the obligations of Owner set forth in this Agreement, any other agreements
with City and applicable law; (iv) the Project is not a joint venture or partnership
between the City and Owner; and (v) Owner has no interest and/or responsibilities
for or duty to the City or third parties, concerning any project funded in whole or in
part by the Job Enhancement Funds.
5,20, No Attorney fees. No attorney's fees shall be recoverable in connection with
this Agreement. Owner agrees that City shall have no liability in monetary damages
in regards to any matter concerning this Agreement.
5.21. Covenant of Cooperaflon. City and Owner shall cooperate and deal with each
other in good faith, and assist each other in the timely performance of the provisions of
this Agreement.
5.22. Hold Harmless and Indemniffication. Owner shall defend, indemnify, protect
and hold harmless the City, its elected and appointed officers, employees, and other
persons working on behalf of the City from and against all claims, suits, actions or
proceedings whether judicial or administrative, writs, orders, injunctions or other
relief, damages, liability, cost and expense (including without limitation attorneys"
fees) arising out of or alleged by third parties to be the result of the approval of this
Agreement or the City's actions in processing or issuing Owner's, Entitlements
resulting from or as described in this Agreement.
Notwithstanding the foregoing, the Parties understand and agree that the Owner and
its members, officers, managers, affiliates, agents, employees, successors and assigns
2020-01-07 Agenda Packet 13 Page 171 of 1, 79
shall not be liable to the City, its elected and appointed officers, employees, and other
persons or non-profit entities, for any claims, actions, causes of action, suits,
0 0
proceedings, demands, rights, damages, losses, judgments, provisional relief, fines,
inc any and all claims for
penalties, and fees, luding, without limitation
compensation, reimbursement, or contribution whatsoever, whether known or
unknown, direct or indirecti foreseeable or unforeseeable, related to, arising out of,
or alleged by third parties to be the result of, the use of the Job Enhancement Funds
or any project funded in whole or in part by the Job Enhancement Funds. This
provision shall survive the termination of this Agreement and be included in the
Development Agreement.
5.22. 1. Waiver of Civil Code Section 1542. With respect to all releases
resulting from acceptance of and pursuant to this paragraph 5.22, City
hereb�y waives the application and benefits of California Civil Code §
1542 and hereby verifies that it has read and understands the following
provision of California Civil Code § 1542:
city
"A general release does not extend to claims which the
creditor does not know or suspect to exist in his or herfavor
1 0
at the time of executing the release, which ifknown by nim or
0
her must have materially affected hi's or her settlement with
Owner
(NEXT PAGE IS SIGNATURE PAGE)
2020-01-07 Agenda Packet 14 Page 172 of 1,79
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the
day and year first set forth above.
CITY OF CHULA VISTA, a California chartered municipal corporation.
By:
Mary Casillas Salas
Mayor
ATTEST. -
By:
Kerry K. Bigelow
City Clerk
APPROVED AS TO FORM:
By:
Glen R. Googins
City Attorney
ACI SUNBOW, LLC.
A Limited Liability Corporation
By:
(Print name and Title)
J:\Attomey\Michae1Sh\Sunbow - 2020\Agreements\CommuityBeneAgrmnt-Sunbow2O2O-l2.27.19-DCADraft.docx
2020-01-07 Agenda Packet 15 Page 173 of 1, 79
2020-01-07 Agenda Packet 16 Page 174 of 1, 79
10 RXV on 0 *4101110031
Exhibit "A" Legal Description of the "Property.
Exhibit "B" Processing Schedule.
2020-01-07 Agenda Packet Page 175 of 1,79
I PRE,LIM'INARY REPORT
'YOUR REFERENCE:,
EXHIBIT"A"
LEGAL DESCRIPTION
Chillcagol, 'Titte Company
ORDER N10.1;� 0011015855 -9916 -SDI -KC
'T'H'E LAND R.EFERRED TO HEREIN BELOW IS SITUATED tN THE CITY ,OF CHULA VISTA, IN 'THE COUNTY OF
SANDIEW, STATE OF CALIFORNIA, AND IS,, DESCRIBED AS FOLLOWS -
I
THATPORTION O,F'THE "U'.MAINDER LIOT" ��OF CHULA VISTA TR -ACT 90-017 SUNBOW 11, UNITS, I AND 2, IN'
THE CITY' OF C'HUL,A VISTA,, ICOUNTY OF SAN DIEGO, STATE OF CALLIF10, KNIA, ACCOki) �'ING T,O MAP
I ,D I , ,
THEREOF NO '. 13421FILE' EN THE OFFICE Of THE COUNTY R,E,CORDE,R O�F THE COUNTY OF SAN DTE"",G"O,
MAI Yl 1281 1997Y LYING WITHUN SECTIONS 17 AND 18. TOWNSHIP 18 SOUT11-1, RANGE I WEST, SAN
BERNARDINO MERIDIAN, ACCORDING TO, Tl,,' -IE,, OFFICIA" L PLAT THEIREOF,
EXCEPTING TI-iEREFROM THATPORTION LYING NORTI-IERLY OF THE SOUTHERLY BOUNDARY OF CHULA
VISTA TIZACT NO�. 90-017, SU NBOW., P,RASE IC UNITS S 1 6, 13, 14 AND IS, ACCOR.DING T,O MAP TtIERE101F NO.
11,39117 IN THE CITY OFCHULA VISTA, COlLMTy �OF SAN' DIEGO, STATE OF" CALIFORNIA, FIL"ED TN'THE
OFFICE OFT14E C0tTNTY RECORDER OF SAN DIEGO COLWW', JANUARY 19,20010,,
APN110'' 644-0111-06-1010, AND 644::Q�2'0- 1 LI-0�
2020-01-07 Agenda Packet Page 176 of 1,79
-97
r,xhibit "B"
Processing Schedule
City agrees to use their best efforts to comply with the Project and CEQA review cycle tum -around
times set forth below to achieve compliance with the project processing schedule outlined in
Paragraph 2.1 of this Agreement:
Submittal Target Date
Full Submittal of Initial Review Package 30 Working Days
Subsequent Submittals 20 Working Days
First Screencheck Draft EIR 30 Working Days
Subsequent Screencheck Drafts 20 Working Days
2020-01-07 Agenda Packet Page 177 of 1,79
M0610welemel
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A COMMUNITY BENEFIT
AGREEMENT BETWEEN THE CITY AND ACI SUNBOW,
LLC
WHEREAS, ACI Sunbow, LiLC (Owner) owns certain undeveloped real
property consisting of 54 acres, located in the City, and more particularly shown on
attached Exhibit "A" (the " Property"); and
WHERIF,AS, the Property is part of a master -planned community subject to the
Sunbow General Development Plan (GDP) and Sectional Planning Area (SPA) Plan,
approved by the City in 1989, and commonly known as "Siunbow"; and
WHEREAS, the Property is currently designated under the GDP, SPA, and th*
City's General Plan as Limited Industrial (IL), which allows for light manufacturing,
warehousing, auto repair, and auto salvage yards; and
WHEREASI the Property has remained undeveloped for the last thirty (30) years,
and the development of the site under its current General Plan designation as IL has proven
infeasible because the owner contends that the costs to bring the Property to a finished
industrial lot condition exceed the market value of the Property as an industrial site; and
WHEREAS, the Owner seeks to amend the City's General Plan and the Sunb�ow
GDP and SPA Plan to change the existing General Plan land use designation on the
Property from IL to residential designations that will provide for a range of housing
- 11
WHEREAS, the proposed change could accommodate approximately 725 units on
the site that could provide moderately -priced new housing for Chula Vista residents (the
WHEREAS, the City is interested in facilitating the creation of high-quality jobs
and economic growth within the City by providing opportunities that target and attract
industries and businesses that contribute to divers i fication and stabilization of the local.
WHEREAS, encouraging the development of spaces that can be used by high
technology and manufacturing businesses within the SR-�125 corridor or academic,
institutional, and innovation -related businesses within the University Innovation District
Master Plan, is consistent with the City's General Plan and General Development Plan; and
2020-01-07 Agenda Packet, Page 178 of 179
WHEREAS 1 1
,i construction of such spaces will benefit the citizens of the C*ty and the
region by providing a catalyst for development that will generate h�igh-quallty jobs within
the SR- 125 corridor or the University Innovation District Master Plan; and
WHEREAS, the Community Benefit Agreement (Agreement), will provide $8.0
million in Job Enhancement Funds that can be used by the City to direct the construction of
either: a Class "A" office building that would facilitate high quality job enhancement uses
along the SR -125 corridor or a commercial/academic building that can facilitate either an
academic or private -sector market -rate project to advance the vision of the University
Innovation District Master Plan (such as enabling the development of an Institute for
International Studies), or some other notable project at the City's discretion; and
WHEREAS, the Agreement allows the City to realize significant economic, social,
or other public benefits that will advance the interests and meet the needs of Chula Vista's
residents and visitors to a significantly greater extent than the vacant PrODertv under the
L W
current entitlements and absent this Agreement; and
WHEREAS, the Owner has previously satisfied its park obligations for the Sunbow
SPA Plan and previously provided an additional community benefit of $1.3 million toward
park facilities for the Sunbow community;, and
WHEREAS,, the Owner shall meet the additional park obligation created by the
Project through payment of a Park Benefit Fee in an amount equal to and in lieu of the
Parkland Acquisition and Development (PAD) fees (estimated at approximately $15.0
million) that would otherwise havebeen due for the Project pursuant to Chapter 17.10 of
9 IT4 Is
WHEREAS, the Park Benefit Fee shall be due and payable no earlier than Building
Permit issuance, but no later than final inspection and may be utilized by the City to
acquire or develop parkland, as the City determines appropriate and in the best interest of
the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it hereby approves the Resolution approving the Community Benefif Agreement
between the City and ACI Sunbow, LLC. in the fo�rm presented, with such minor modifications as
may be required or approved by the City Attorney, a copy of which shall be kept on file in the
Office of the City Clerk, and authorizes and directs the Mayor to execute the same.
Kelly Broughton FAST A
I LIL
Development Services Director
Glen R. Googins
City Attorney
2020-01-07 Agenda Packet, Page 179 of 179