HomeMy WebLinkAboutReso 2021-029RESOLUTION NO. 2021-029
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AMENDED AND RESTATED
JOINT COMMUNITY FACILITIES AGREEMENT BY AND
BETWEEN THE CITY OF CHULA VISTA AND THE SAN
DIEGO UNIFIED PORT DISTRICT FOR THE CHULA VISTA
BAYFRONT PROJECT SPECIAL TAX FINANCING DISTRICT
WHEREAS, the City of Chula Vista, California (the “City”) is a municipal corporation and
charter city duly organized and existing under a charter pursuant to which the City has the right
and power to make and enforce all laws and regulations with respect to municipal affairs and
certain other matters in accordance with and as more particularly provided in Sections 3, 5, and 7
of Article XI of the Constitution of the State of California and the Charter of the City; and
WHEREAS, Chapter 3.61 of the Chula Vista Municipal Code (Chapter 3.61) was enacted
for the purpose of establishing a procedure for financing certain public and private improvements
and maintenance and services to serve the Chula Vista Bayfront Project through the establishment
of the Bayfront Project Special Tax Financing District (the “Bayfront District”), the levy and
collection of special taxes within the District and the issuance of bonds of the District secured by
such special taxes for the purpose of financing a Convention Center Facility (as defined in Chapter
3.61) and certain other public and/or private improvements; and
WHEREAS, pursuant to Government Code Section 53316.2, in order for the District to
finance facilities to be owned or operated by the San Diego Unified Port District (the “Port
District”), a joint community facilities agreement or joint exercise of powers agreement must be
adopted prior to the adoption of the resolution of formation creating the District; and
WHEREAS, the City and Port District therefore entered into a Joint Community Facilities
Agreement (the “JCFA”) dated February 24, 2020; and
WHEREAS, the City undertook and completed proceedings to form the Bayfront District,
including adopting Ordinance No. 3481, authorizing the levy of a special tax in the Bayfront
District; and
WHEREAS, the City and Port District have negotiated an Amended and Restated Joint
Community Facilities Agreement (the “Amended and Restated JCFA”), in the form presented in
Exhibit 1 to this resolution; and
WHEREAS, the Board of Commissioners of the Port District did approve the Amended
and Restated JCFA at its February 11, 2021 Board meeting.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it hereby declares that the Amended and Restated JCFA would be beneficial to the residents
and tenants of, and visitors to, the territory within the boundaries of the Bayfront District.
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Resolution No. 2021-029
Page No. 2
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
hereby approves the Amended and Restated Joint Community Facilities Agreement by and
Between the City of Chula Vista and the San Diego Unified Port District for the Chula Vista
Bayfront Project Special Tax Financing District, in the form 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.
Presented by Approved as to form by
Tiffany Allen Glen R. Googins
Director of Development Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 16th day of February 2021 by the following vote:
AYES: Councilmembers: Cardenas, Galvez, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2021-029 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 16th day of February 2021.
Executed this 16th day of February 2021.
Kerry K. Bigelow, MMC, City Clerk
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City of Chula Vista ACN 2021-013
AMENDED AND RESTATED JOINT COMMUNITY FACILITIES AGREEMENT
[Chula Vista Bayfront Project Special Tax Financing District]
This AMENDED AND RESTATED JOINT COMMUNITY FACILITIES AGREEMENT
(“Agreement”) is entered into as of July 13, 2021 by and between the City of Chula
Vista, a California chartered municipal corporation (“City”) and the San Diego Unified
Port District, a public corporation (“District”). The City and District may be individually
referred to herein as, a “Party”, and collectively as, the “Parties”.
RECITALS
WHEREAS, the City and District are parties to that certain Joint Community Facilities
Agreement dated February 24, 2020 filed in the office of the District Clerk as Document
No. 72175 (the “Original JCFA”); and
WHEREAS, the City has formed the Bayfront Project Special Tax Financing District
(“Financing District”) pursuant to Chapter 3.61 of the City Municipal Code to levy special
taxes (“Special Taxes”) to generate special tax revenue (“Special Tax Revenues”) from
the Financing District Area (defined below) to pay for the financing or construction of
certain public infrastructure improvements and the financing of the construction of a
convention center to be located on parcel H-3 of the CVBMP Area (defined below)
(“Convention Center”); and
WHEREAS, RIDA Chula Vista, LLC (“RIDA”) will construct and finance a resort hotel on
parcel H-3 of the CVBMP Area (“Hotel”); and
WHEREAS, a map showing the boundaries of the Chula Vista Bayfront Master Plan
(“CVBMP”) is attached hereto as Exhibit A (“CVBMP Area”); and
WHEREAS, a map showing the boundaries of the Financing District is attached hereto
as Exhibit B (“Financing District Area”); and
WHEREAS, the Financing District Area includes areas outside the CVBMP Area; and
WHEREAS, collection of Special Tax Revenues commenced on July 1, 2020
(“Collection Date”); and
WHEREAS, the Parties desire to amend and restate in its totality the Original JCFA as
set forth herein; and
WHEREAS, the legislative body of each Party has determined that this Agreement will
be beneficial to the residents and tenants of and visitors to the Financing District Area.
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NOW THEREFORE, in consideration of the mutual promises set forth herein, and other
valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the Parties agree as follows:
1. Parties: The Parties to the Agreement are the District and the City.
2. Term: The term of the Agreement commenced on February 24, 2020, the
effective date of the Original JCFA, and terminates concurrent with the
termination of the Financing District.
3. Purpose: The purpose of this Agreement is to set forth the essential terms for the
allocation and payment of Special Tax Revenues for the financing, development,
operation, maintenance, and servicing of various improvements , in accordance
with agreed upon priorities, all as more particularly set forth herein.
4. Financing District Formation Documents: On November 5, 2019, the City
Council of the City of Chula Vista (“City Council”) adopted certain formation
documents for the Financing District attached as Exhibit C to the Original JCFA
(“Original Financing District Formation Documents”). In connection with this
amendment and restatement of the Original JCFA, the City intends to propose
certain revisions to the Original Financing District Formation Documents to the
City Council at its regularly held Council meeting on February 16, 2021, such
revised documents to be, in substantially the form attached hereto as Exhibit C
(“Revised Financing District Formation Documents”). If approved by the City
Council and the qualified electors in the Financing District, the Revised Financing
District Formation Documents will result in a change in the “Maximum Annual
Special Tax Rate” set forth in the Financing District Formation Documents from
5% to 5.5%, which change shall be effective following an adoption by the City
Council of a revised ordinance levying the Special Taxes at the increased rate;
provided that such increase shall not be retroactive to the Collection Date. The
District shall have the right to vote in the special election to be called by the City
Council with respect to the Revised Financing District Formation Documents and
on any future material changes to the Financing District Formation Documents in
accordance with applicable provisions of Chapter 3.61 or the Mello-Roos
Community Facilities Act of 1982.
5. Allocation and Reimbursement of Special Tax Revenues:
5.1 Priorities for Allocation of Special Tax Revenues: To the extent available,
Special Tax Revenues shall be used in the following priority :
(1) to pay for the financing of the construction of the Convention Center
and certain public infrastructure improvements financed through Authority
Bonds (defined below) (collectively, the “Priority Improvements”);
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City of Chula Vista ACN 2021-013
(2) to pay for the construction or the financing of public improvements that
are either located within the CVBMP Area or outside the CVBMP Area, but
located within the City of Chula Vista, if required as mitigation measures,
project design features, or otherwise required in the Project Approvals
(defined below) to be performed by the City or the District as required
(including obtaining permits and certificate of occupancy) to allow for the
Hotel and Convention Center to operate (“Other Improvements”);
(3) to pay for the operation, maintenance, servicing and replacement costs
of the public infrastructure described in Item Nos. 1 and 2 above, except
for the Convention Center (“Priority O&M”); or
(4) to pay for the construction or financing of other public improvements as
described in Exhibit D that are located in or immediately adjacent to the
Financing District Area and that are not Priority Improvements or Other
Improvements (“Additional Improvements”), and the operation,
maintenance, servicing and replacement costs of any Additional
Improvements and other “Authorized Services” as described in Exhibit E
(“Additional O&M”).
The term “Project Approvals” shall mean the Project EIR (defined below),
the Port Master Plan, any Coastal Development Permit, and any
agreements related to the CVBMP Area. Upon completion of any of the
Priority Improvements, any expansions, replacements, or other capital
enhancements to the Priority Improvements shall be treated as “Other
Improvements” under the terms of this Agreement. The Priority
Improvements, Other Improvements, Additional Improvements, Priority
O&M, and Additional O&M may be financed, performed, or constructed by
the City, District, RIDA, or a third-party entity.
5.2 Mechanisms for Payment of Special Tax Revenues for Eligible
Projects/Services:
a. Priority Improvements. Special Tax Revenues dedicated to pay for
the financing of the construction of the Priority Improvements shall
be disbursed pursuant to agreements between one or more of the
District, the City, the Financing District, the Chula Vista Bayfront
Facilities Financing Authority (“Authority”) and RIDA.
b. Other Improvements and Priority O&M. If the City or District expend
their respective funds on the construction of any portion of the
Other Improvements or in providing the Priority O&M, such Party
shall be entitled to reimbursement out of available Special Tax
Revenues upon providing the City’s designated Financing District
administrator with reasonable evidence that such Party has
completed, or has caused the completion of such Other
Improvements or Priority O&M. Such Party may elect to perform the
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City of Chula Vista ACN 2021-013
work itself or contract with any third party at its election to perform
the work. If Special Tax Revenues are not immediately available for
reimbursement, as and to the extent that Special Tax Revenues
become available in accordance with the priorities set forth in
Section 5.1, the City shall cause the payment of Special Tax
Revenues to such Party in installment payments until such amounts
are reimbursed in full pursuant to a separate agreement between
the Parties. Each Party shall be reimbursed pro rata based on the
total annual amounts expended by each Party for the Other
Improvements and Priority O&M, which shall include any amounts
accrued and not reimbursed in prior years.
c. Additional Improvements & Additional O&M: If the City expends its
funds on the construction of any Additional Improvements or in
providing the Additional O&M, the City shall be entitled to
reimbursement out of available Special Tax Revenues upon
providing the City’s designated Financing District administrator with
reasonable evidence that the City has completed, or has caused
the completion of such Additional Improvements or Additional O&M.
The City may elect to perform the work itself or contract with any
third party at its election to perform the work. If Special Tax
Revenues are not immediately available for reimbursement, as and
to the extent that Special Tax Revenues become available in
accordance with the priorities set forth in Section 5.1, the City shall
cause the payment of Special Tax Revenues to the City in
installment payments until such amounts are reimbursed in full.
6. Binding: The Parties agree that this Agreement is a binding agreement between
the Parties. Moreover, each Party agrees that, to the extent it expends funds or
devotes resources to discussions relative to this Agreement, it shall do so at its
sole cost and expense, without expectation of reimbursement, upon its own
initiative and not in reliance on this Agreement or any representations of the
other Parties. If either Party to this Agreement shall fail to perform or fulfill any
obligation required of it under this Agreement and shall not have cured or
commenced to cure such failure within thirty (30) days following written notice
thereof from the non-defaulting party (or has commenced to cure such failure, but
is not diligently proceeding to cure such failure), then the Party shall be in default
under this Agreement (each such event or occurrence, a “Event of Default”). In
the event of an Event of Default, the non-defaulting Party may, in its sole and
absolute discretion, elect to either: (a) extend the time for the defaulting Party to
perform the applicable obligation(s) hereunder for a period of time acceptable to
the non-defaulting Party beyond the cure period set forth in this Section 6, or (b)
proceed with an action or proceeding for specific performance.
7. Discretionary Actions: The Priority Improvements, Other Improvements, and
Priority O&M (collectively “Special Tax Revenue Projects”) have been analyzed
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City of Chula Vista ACN 2021-013
in the Final Environmental Impact Report for the Chula Vista Bayfront Master
Plan and Port Master Plan Amendment (UPD #83356 -EIR-658, SCH
#2005081077), dated June 18, 2010, on f ile in the Office of the District Clerk
bearing Document No. 56562 (“Project EIR”) in accordance with the California
Environmental Quality Act (“CEQA”). However, to the extent that any future
improvements, including without limitation the Additional Improvements and
Additional O&M, have not been identified as of the date of this Agreement, such
improvements may require further environmental review in accordance with
CEQA. This Agreement shall not bind the District and/or City, as applicable, to
approving any Special Tax Revenue Projects, or additional CEQA analysis, if
any, necessary for the same, including feasible mitigation measures, project
alternatives (without limitation the a “no project alternative”) or a statements of
overriding considerations, if required. The Parties understand, acknowledge and
agree that, notwithstanding the terms and conditions of this Agreement, the
Special Tax Revenue Projects may require discretionary approvals, including
without limitation, agreements related to real property or operation, maintenance,
servicing or replacement of improvements, California Coastal Act approvals,
conditional project approvals and other discretionary permits and entitlements
(collectively, “Discretionary Actions”). Nothing in this Agreement shall commit the
respective Party to a definite course of action or in any way diminish the
respective Party’s exercise of its discretion for any Discretionary Action. Any and
all Discretionary Actions may be exercised in the sole and absolute discretion of
the respective Party exercising such direction. The Parties assume the risk that a
Discretionary Action may not be taken or approved.
8. Entire Agreement . This Agreement constitutes the entire understanding and
agreement of the Parties, integrates all of the terms and conditions mentioned
herein or incidental hereto, and supersedes the Original JCFA.
9. Governing Law . This Agreement and all of the rights and obligations of the
Parties hereto and all of the terms and conditions hereof shall be construed,
interpreted, and applied in accordance with and governed by and enforced under
the laws of the State of California.
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City of Chula Vista ACN 2021-013
[SIGNATURE PAGE TO AMENDED AND RESTATED JOINT COMMUNITY
FACILITIES AGREEMENT]
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement
as of the date first written above.
APPROVED AS TO FORM AND LEGALITY:
GENERAL COUNSEL
By: ______________________________
Thomas A. Russell,
General Counsel
SAN DIEGO UNIFIED PORT DISTRICT,
a public corporation
By: _____________________________
Joe Stuyvesant,
President/CEO
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
By:
Glen R. Googins,
City Attorney
CITY OF CHULA VISTA,
a chartered municipal corporation
By:
Mary Casillas Salas,
Mayor
Attest:
By:
Kerry K. Bigelow, MMC
City Clerk
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City of Chula Vista ACN 2021-013
EXHIBIT “A”
Depiction of CVBMP Area
(to be attached prior to execution.)
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Nature Center
parking
Harbor and Marinas
Chula Vista Bayfront Master Plan Illustrative
Locally and State-Approved Land Use Plan by
City of Chula Vista and Port of San Diego
Park
24 ac
Buffer:
25 ac
RV Park
Industrial Business Park
Industrial
Business Park
North
Buffer:
41.1 ac
Signature Park:
21 ac
Park
Seasonal
Wetland:
14.7 ac
Office
Mixed Use/ Commercial
Resort
Conference Center
RV Park/
Campground Hotel/
Cultural Retail
Retail (around harbor)
Residential
Hotel/Office Park Park E STREET F STREET H STREET J STREET v.01/02/13
Interstate 5
Wildlife
Reserve
Sweetwater
Marsh
South Bay
Salt Ponds
Chula Vista
Nature Center
Park
Harbor Park:
25 ac
Park
Public/
Quasi-Public
Mixed Use/
Commercial/
Parking Structure
Existing
Boat Yard
•RV Park/ Campground
•25 ft max height
•120,000 SF
• 44 ft max height
•120,000 SF
•45 ft max height
•Portion of 2,850 hotel rooms
allowed between H-3 + H-23
•415,000 SF max conference space
•240 ft max hotel structure height
•120 ft max conference center height
•Portion of 2,850 hotel rooms
allowed between H-3 + H-23
•300 ft max height
•200,000 SF (cultural/retail)
•65 ft max height
•225,000 SF
•25 ft max height
•100,000 SF mixed use/commercial
•3,000 space parking garage
•155 ft max height
•1,500 residential units
•25 ft - 45 ft podium heights
•70 ft – 200 ft tower heights
•15,000 SF retail ground floor
•420,000 SF office
•250 rooms
•130 ft max height
•9,500 SF
•30 ft max height
•237 RV spaces
•25 ft max height
San Diego Bay L STREET I-5
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City of Chula Vista ACN 2021-013
EXHIBIT “B”
Depiction of Financing District Area
(to be attached prior to execution.)
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City of Chula Vista ACN 2021-013
EXHIBIT “C”
Revised Financing District Formation Documents
(to be attached prior to execution.)
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RESOLUTION NO. 2021-030
RESOLUTION OFTHECITYCOUNCILOFTHECITYOF
CHULAVISTA, ACTINGAS THELEGISLATIVE BODYOF
THEBAYFRONTPROJECTSPECIALTAXFINANCING
DISTRICTDECLARINGITSINTENTION TOCONSIDER
CHANGESTOTHE RATEAND METHOD OF
APPORTIONMENTOFSPECIAL TAXES AUTHORIZED TO
BELEVIEDTHEREIN AND EXPANDTERRITORY WHEREIN
IMPROVEMENTS MAYBELOCATED ANDSERVICES MAY
BEPROVIDED
haspreviously initiatedproceedings, heldapublic hearing, formed the BayfrontProject Special
220onNovember
dafavorable votefrom
thequalifiedelectors oftheDistrict, authorizing thelevyofspecial taxesintheDistrict, allas
authorized pursuanttoChapter3.61of theChula Vista MunicipalCode (Chapter3.61); and
WHEREAS, Cityandthe SanDiego Unified
thatcertainJointCommunity Facilities Agreement (ChulaVista Bayfront ProjectSpecial Tax
Financing District), whichisproposed tobeamended andrestated bytheAmended andRestated
JointCommunityFacilities AgreementonfilewiththeCityClerkandtobeapprovedconcurrently
withtheadoption of thisResolution
andpaymentofspecialtaxrevenues generated fromtheDistrict; and
WHEREAS, thequalifiedelectorsoftheDistrict, votinginaspecial mailballotelection
held onFebruary 18, 2020, approved Proposition A which authorizedtheDistrict tolevyspecial
taxes atratesnotto exceed5% of Rentannually chargedon Hotel Property andCampsite Property
as suchtermsaredefined Resolution No. 2019-220) within theDistrictpursuanttoarateand
methodofapportionment ofsuchspecialtaxes (the rateandmethodofapportionment ofspecial
WHEREAS, inorder togenerate additional fundsforpublicimprovements and servicesto
befinancedbytheDistrict, theCity Council, acting asthelegislativebodyoftheDistrict, has
determined thatthepublicconvenience and necessity require theCityCouncil toinitiate
proceedingstoconsider modificationstotheExisting RMAto: (1) increase themaximum rateat
whichtolevythespecial taxto5.5% ofRentannuallychargedon HotelProperty andCampsite
Propertyand (2) extendthe termofthe specialtax; and
WHEREAS, ResolutionNo. 2019-220 setforth alimitationon territory wherein the
Improvements (asdefinedinResolutionNo. 2019-220) could belocatedandwherein theServices
asdefinedin Resolution No. 2019-220) couldbeprovided; and
WHEREAS, anexpansion oftheterritorywherein theImprovementsmaybelocated and
theServicesmaybeprovided wouldbebeneficial totheresidents andtenantsof, andvisitors to,
theDistrict; and
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ResolutionNo. 2021-030
PageNo. 2
WHEREAS, theCityCouncil, acting asthelegislativebodyoftheDistrict, hasdetermined
thatthe publicconvenience andnecessityrequirethe CityCounciltoinitiateproceedings to
consider anexpansion oftheterritorywherein theImprovements maybelocatedandtheServices
maybeprovided; and
WHEREAS, theCityCouncildesires toinitiate suchproceedings andtosetthetimeand
place forapublichearingonthisResolution.
NOW, THEREFORE, BEITRESOLVED bytheCityCouncil ofthe CityofChulaVista,
actingasthelegislative bodyoftheBayfrontProjectSpecialTaxFinancing District, asfollows:
SECTION 1. Recitals. Theabove recitals arealltrueand correct.
SECTION 2. Determinations. Itishereby determined bythisCityCouncil thatpublic
convenienceandnecessityrequire modification of theExistingRMA andchangesto theterritory
wheretheImprovements maybelocated andtheServicesmaybeprovided.
SECTION 3. DeclarationofIntentionto ConsidertheModifications oftheExisting
RMA. ThisCityCouncil herebydeclares its intentiontoconsider modification ofthe Existing
RMAsothattherate andmethodofapportionmentofspecialtaxesauthorized tobelevied within
theDistrictreadsassetforthinExhibit1attachedheretoandincorporatedherein bythisreference
SECTION 4. DeclarationofIntention toConsider ExpansiontoTerritory Wherein
ImprovementsMaybeLocated andServicesMaybeProvided. ThisCityCouncilherebydeclares
its intention consideranexpansion totheterritory where Improvementsmay belocated and
Services maybeprovided. TheImprovements shallbelocated, andtheServices shall beprovided,
within oroutside theCVBMP (asdefinedintheJCFA) territory, subjectto thepriorities
established intheJCFA.
SECTION 5. NoticeofPublicHearing. NOTICE IS GIVENTHATon April13, 2021,
Chambers, City Hall, locatedat276FourthAvenue, Chula Vista, California, apublic hearingwill
beheld where thisCity Councilwillconsider thisResolution andtoconsider theapproval ofthe
modification oftheExisting RMA andtheexpansionofterritory whereintheImprovements shall
belocated andtheServices shallbeprovided, allasdescribed herein. Attheabove-mentioned
time andplace forpublichearinganypersons interested, including taxpayersandproperty owners,
mayappearandbeheard, inaccordancewith thecurrent formatofCityCouncilmeetingspursuant
eOrder N-29-20, should itstillbeineffect.
Thetestimony ofallinterested personsfor oragainstthe modification oftheExisting RMAorthe
expansionof territorywhereinthe Improvements shall belocated andtheServices shallbe
providedwillbeheard andconsidered. Anyprotestspertainingtotheregularity orsufficiencyof
theproceedings shallbein writingand clearly setforth theirregularities anddefectstowhich the
objectionis made. Anywritten protest notpersonally presented bytheauthorofsuchprotestat
time fixedforthepublichearing. Written protests may bewithdrawn inwritingatanytime before
theconclusion ofthepublichearing.
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ResolutionNo. 2021-030
PageNo. 3
Ifawritten majorityprotest asdetermined pursuant toChapter 3.61isfiledagainstthe
proposed modification oftheExisting RMA, theproposed modification shallbeeliminated from
theresolution andtheproceedings withrespecttothe modificationoftheExisting RMAshallbe
abandoned. Ifawritten majority protestasdetermined pursuant toChapter3.61 isfiledagainst
theexpansion ofterritorywherein the Improvementsshallbe located andthe Servicesshallbe
provided, theexpansion of territoryshallbeeliminated fromthe resolutionandthe proceedings
withrespect totheexpansion ofterritorywhereintheImprovements shallbelocatedand the
Services shall beprovided shallbe abandoned. Notwithstanding theabandonment ofthe
proceedings withrespect tothe modification ofthe ExistingRMAorthe expansion ofterritory
whereintheImprovements shallbe locatedand theServices shallbe provided, newproceedings
tomodify theExisting RMAand expandtheterritory whereintheImprovements shallbelocated
andtheServices shall beprovidedmaybeinitiated atanytimethereafter.
Thepublichearing maybecontinuedfromtimetotimewithoutfurthernotice, but shall be
completedwithintwoyears oftheoriginalhearingdate.
SECTION 6. Report
Resolution No. 2019-220) whichcontainedabriefdescription oftheImprovementsandServices
bytypewhichwouldadequately meettheneeds oftheDistrictandtheirestimate ofthecostof
providingthose Improvements andServicesand, withregard tothose Improvements proposed to
beacquired uponthe completion thereof andthoseIncidentalExpenses (assuchtermisdefined in
Resolution2019-220) proposedto bepaid for, anestimate ofthefairandreasonable cost ofsuch
Improvements andsuchIncidentalExpenses. ThisCityCouncilhereby directsWilldan to amend
theReporttoreflect theproposedmodification of theExisting RMAand theexpansionofterritory
wheretheImprovements shall belocated andtheServicesshall beprovided. Such reportshall be
made apart oftherecordofthepublic hearingtobeheld pursuant toSection 5hereof.
SECTION 7. Election. If, following thepublichearingdescribed in Section 5, theCity
Council determines to approvetheAmendedRMAand theexpansion of territory whereinthe
Improvementsshallbe located andtheServicesshallbe provided, theCityCouncil shall then
submitquestion oflevyingthespecialtaxes pursuanttotheAmendedRMAand expanding the
territoryin whichtheImprovements shallbelocated andtheServices shallbeprovided tothe
Landowners (assuchtermisdefinedinChapter3.61) asthequalifiedelectorsof theDistrict
pursuanttoChapter3.61 andtheapplicableprovisions oftheCalifornia Elections Code. Each
Landowner, ortheauthorized representativethereof, shall have one (1) voteforeach acreor
portion ofan acreoflandowned within theDistrict.
SECTION 8. Publication ofNotice. Noticeofthetimeandplace ofthepublichearing
shallbegivenby theCityClerkby causing thepublication ofanoticeofpublic hearing inthe
legallydesignated newspaperof generalcirculation, suchpublication pursuanttoSection 6061of
theGovernment Code, with suchpublication tobecompleted atleast seven (7) dayspriortothe
datesetforthepublichearing.
TheCityClerkshallalsocause noticetobe givenbyfirst-classmailto eachLandowner of
property within theDistrict. Suchnoticeshall bemailed atleast15 daysbefore thepublic hearing
and shall containthe sameinformationasisrequired tobecontained in thenoticepublished
pursuant totheprecedingparagraph.
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ResolutionNo. 2021-030
PageNo. 4
Presentedby Approved as toformby
Tiffany Allen Glen R. Googins
Director ofDevelopment Services CityAttorney
PASSED, APPROVED, andADOPTED bytheCity CounciloftheCityofChula Vista,
California, this16thdayofFebruary2021 bythefollowing vote:
AYES: Councilmembers: Cardenas, Galvez, McCann, Padilla, andCasillasSalas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
MaryCasillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, CityClerk
STATE OFCALIFORNIA )
COUNTY OFSANDIEGO )
CITYOF CHULAVISTA )
I, Kerry K. Bigelow, CityClerkofChulaVista, California, dohereby certifythattheforegoing
Resolution No. 2021-030wasduly passed, approved, andadoptedbytheCityCouncilataregular
meetingoftheChulaVistaCity Councilheldonthe16th dayofFebruary 2021.
Executed this 16thday ofFebruary2021.
Kerry K. Bigelow, MMC, CityClerk
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AMENDED RATE AND METHOD OF APPORTIONMENT
EXHIBIT 1
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AMENDED
RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAX
BAYFRONT PROJECT SPECIAL TAX FINANCING DISTRICT
The Special Tax authorized by the Bayfront Project Special Tax Financing District (the “District”) shall be
levied on all Taxable Property and collected within the District as provided herein commencing in Fiscal
Year 2020-2021, in an amount determined by the City Council of the City of Chula Vista, acting as the
legislative body of the District, through the application of the amended rate and method of
apportionment of the Special Tax set forth below (the “Amended RMA”). All of the real property within
the District, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the
extent, and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Act” means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2
of Title 5 of the Government Code of the State of California.
“Assessor’s Parcel” means a lot or parcel designated on an Assessor’s Parcel Map with an assigned
Assessor’s Parcel number within the boundaries of the District.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels
by Assessor’s Parcel number.
“Bond Documents” means any indenture of trust, bond indenture, fiscal agent agreement, trust
agreement, loan agreement, resolution or other instrument setting forth the terms of any Bonds,
as modified, amended and/or supplemented from time to time, and any instrument replacing or
supplementing the same.
“Bonds” means any binding obligation to repay a sum of money, including obligations in the form
of bonds, notes, certificates of participation, long-term leases, loans from government agencies, or
loans from banks, other financial institutions, private businesses, or individuals, or long-term
contracts, or any refunding thereof, to which the Special Tax has been pledged.
“Boundary Map” means the “Map of Proposed Boundaries of the Bayfront Project Special Tax
Financing District, City of Chula Vista, County of San Diego, State of California,” filed September 12,
2019 in Book 48 of Maps of Assessments and Community Facilities Districts in the office of the
County Recorder.
“Calendar Year” means the period commencing January 1 of any year and ending the following
December 31.
“Campsite” shall have the meaning given such term in Chapter 3.61.
“Campsite Property” means an Assessor’s Parcel of Taxable Property which consists of any
Campsite or Campsites.
“Chapter 3.61” means Chapter 3.61 of the Chula Vista Municipal Code.
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“City” means the City of Chula Vista.
“City Council” means the City Council of the City, acting as the legislative body of the District, or its
designee.
“City Manager” means the City Manager of the City.
“County” means the County of San Diego.
“Director of Finance” means the Director of Finance of the City.
“District” means the Bayfront Project Special Tax Financing District established by the City pursuant
to Chapter 3.61.
“Effective Date” means the first day of the month immediately following the effective date of the
ordinance enacted by the City Council providing for the levy of the Special Tax pursuant to the
Amended RMA.
“Exempt Property” means all Assessor’s Parcels within the District which are exempt from the
Special Tax pursuant to law or Section F herein.
“Fiscal Year” means the period commencing on July 1 of any year and ending the following June 30.
“Hotel” shall have the meaning given such term in Chapter 3.61.
“Hotel Property” means an Assessor’s Parcel of Taxable Property which consists of any Hotel or
Hotels.
“Landowner” shall have the meaning given such term in Chapter 3.61.
“Maximum Special Tax Rate” means the maximum rate of the Special Tax determined in
accordance with Section C below, which may be levied for the privilege of Occupancy by Transients
of the Campsite(s) or Hotel(s), as applicable, located on each Assessor’s Parcel of Campsite
Property or Hotel Property.
“Occupancy” shall have the meaning given such term in Chapter 3.61.
“Operator” shall have the meaning given such term in Chapter 3.61.
“Port District” means the San Diego Unified Port District.
“Public Property” means any property within the boundaries of the District that is owned or held in
trust by or irrevocably dedicated to the City, the federal government, the State of California, the
County, the Port District, or any other public agency.
“Rent” shall have the meaning given such term in Chapter 3.61.
“Resolution of Formation” means the resolution adopted by the City Council pursuant to Chapter
3.61 establishing the District.
“Special Tax” means the special tax authorized by the District to be levied by the City Council
pursuant to Chapter 3.61.
“Taxable Property” means all Assessor’s Parcels that are not exempt from the Special Tax pursuant
to law or this Rate and Method of Apportionment of Special Tax.
“Transient” shall have the meaning given such term in Chapter 3.61.
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B. CLASSIFICATION OF ASSESSOR’S PARCELS
Beginning with Fiscal Year 2020-2021, each Assessor’s Parcel shall be classified as Taxable Property or
Exempt Property. In addition, each Assessor’s Parcel of Taxable Property shall be further classified as
Campsite Property or Hotel Property. Commencing with Fiscal Year 2020-2021, all Campsite Property
and Hotel Property shall be subject to the levy of the Special Tax pursuant to Section C below.
C. SPECIAL TAX
The Maximum Special Tax Rate of the Special Tax authorized to be levied on each Assessor’s Parcel
classified as Campsite Property or Hotel Property shall be determined pursuant to Table 1 below. The
City Council may, by resolution, levy the Special Tax at a rate less than the Maximum Special Tax Rate,
such rate to become effective no sooner than the first day of the first month at least sixty (60) days
following the effective date of such resolution. Should the City Council adopt a resolution levying the
Special Tax at a rate less than the Maximum Special Tax Rate, such rate shall remain in effect until the
City Council adopts a different Special Tax rate by resolution, subject always to the limitations of the
Maximum Special Tax Rate.
Table 1
Period Beginning Period Ending Maximum
Special Tax Rate
July 1, 2020 One day prior to Effective Date 5.0% of Rent
Effective Date June 30, 2060 5.5% of Rent
July 1, 2060 June 30, 2075 2.5% of Rent
July 1, 2075 June 30, 2086 1.0% of Rent
The Special Tax associated with Rent that is charged for Occupancy by Transients shall be considered
levied at the same time the Transient ceases such Occupancy. If a Public Property is classified as
Campsite Property or Hotel Property due to the grant of a lease or other possessory interest in such
Assessor’s Parcel of Public Property to the Operator of a Campsite or Hotel thereon, the Special Tax shall
only be levied during such time that such grant of lease or possessory interest is effective and shall
cease upon the termination or expiration of such grant of lease or possessory interest.
D. MANNER OF COLLECTION
The Special Tax shall be due and remitted pursuant to the provisions of Section 3.61.120 of Chapter
3.61.
E. PREPAYMENT OF THE SPECIAL TAXES
The Special Tax may not be prepaid.
F. EXEMPTIONS
Assessor’s Parcels not classified as Campsite Property or Hotel Property shall be exempt from the levy of
the Special Tax.
G. FAILURE TO SUBMIT SPECIAL TAX
If the Operator of any Campsite or Hotel located on an Assessor’s Parcel of Campsite Property or H otel
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Property, or the Landowner of an Assessor’s Parcel of Campsite Property or Hotel Property that is not
Public Property, fails or refuses to pay the Special Tax levied on such Assessor’s Parcel when due, the
Director of Finance shall proceed in such manner as deemed best to obtain facts and information on
which to base his/her estimate of such Special Tax. As soon as the Director of Finance has acquired such
facts and information upon which to base such Special Tax for such Campsite Property or Hotel
Property, the Director of Finance shall proceed to determine the amount of such Special Tax due plus
any penalties thereon, as described below ("Determination of Special Tax Due"). In the case that such
determination is made, the Director of Finance shall give a Determination of Special Tax Due by serving
it personally or by depositing it in the United States mail, postage prepaid, addressed to such Operator
or such Landowner, as applicable, at its last known address. Such Operator or such Landowner, as
applicable, may file an appeal as provided in Section I herein.
The Special Tax on any Campsite Property or Hotel Property which is not paid within the time required
shall be subject to the same penalties applicable to the transient occupancy tax in subsections A and B
of Section 3.40.080 of the Chula Vista Municipal Code. For any Special Taxes and penalties that remain
outstanding as of July 1 of each Fiscal Year, the City Council may direct the Director of Finance to cause
the submission of any of the delinquent Special Taxes and penalties to the County for inclusion on the
property tax bill for such Assessor's Parcel(s) in accordance with Section 3.61.130 of Chapter 3.61;
provided, however, that any delinquent Special Taxes and penalties with respect to any Assessor’s
Parcel of Public Property that is classified as Campsite Property or Hotel Property due to the grant of a
lease or other possessory interest in such Assessor’s Parcel of Public Property to the Operator of a
Campsite or Hotel thereon shall only be levied on and constitute a lien against the Operator’s leasehold
or possessory interest in such Assessor’s Parcel of Public Property, all as contemplated by Section
53340.1 of the Act, as modified by Chapter 3.61, and shall not be an obligation for which the Landowner
of such Assessor’s Parcel of Public Property is billed or responsible.
H. MAINTENANCE OF RECORDS; SPECIAL TAX AUDIT
It shall be the duty of the Operator of any Campsite or Hotel located on any Assessor's Parcel classified
as Campsite Property or Hotel Property that is subject to the Special Tax to keep and preserve, for a
period of three years, all records as may be deemed necessary by the Director of Finance (and that will,
at a minimum, include a record of all Rents collected) to determine the Special Taxes levied upon such
Campsite Property or Hotel Property by the City Council. The Director of Finance shall have the right to
inspect such records at all reasonable times.
I. APPEAL
Any Operator of a Campsite or Hotel located on any Campsite Property or Hotel Property or any
Landowner of any Campsite Property or Hotel Property claiming that the amount or application of the
Special Tax reflected in any Determination of Special Tax Due on such Campsite Property or Hotel
Property is not correct, may appeal such Determination of Special Tax Due by filing a notice of appeal
with the City Clerk within fifteen (15) calendar days of the serving or mailing of such Determination of
Special Tax Due. If such appeal is made by an Operator that is not also the Landowner of such property,
then the Operator shall also provide a copy of such notice of appeal to the Landowner at the same time
the Operator files the notice of appeal with the City Clerk. Upon receipt of any such notice, the City Clerk
shall forward a copy of such notice to the City Manager who shall establish as part of the proceedings
and administration of the District a special three-member Appeal Committee. The Appeal Committee
may establish such procedures as it deems necessary to undertake the review of any such appeal. The
Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations
relative to the annual administration of the Special Tax and any appeals by Landowners, or Operators, as
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herein specified. The decision of the Appeal Committee shall be final, conclusive, binding as to all
persons and shall be served upon the Operator or Landowner in writing at the last known address of
such Operator or Landowner. Any amount found due shall be immediately due and payable upon service
of the Appeal Committee findings. If the Appeal Committee decision requires that the Special Tax for an
Assessor’s Parcel be modified or changed in favor of the Operator or Landowner, a cash refund shall not
be made, but a credit shall be given against the future Special Taxes on that Assessor’s Parcel.
J. TERM OF THE SPECIAL TAXES
The Special Tax shall be levied as long as necessary to pay for authorized expenditures as specified in
Section 3.61.080 of Chapter 3.61 but to no later than June 30, 2086.
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City of Chula Vista ACN 2021-013
EXHIBIT “D”
Description of Additional Improvements
(to be attached prior to execution.)
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Exhibit D
DESCRIPTION OF THE AUTHORIZED IMPROVEMENTS
1. Convention Center Facility (as defined in Chula Vista Municipal Code Chapter 3.61);
2. Street improvements, including grading, paving, curbs, gutters, sidewalks, street
signalization, signage, street lights, furnishings, and parkway and median landscaping
related thereto;
3. Gateway signage;
4. Pedestrian and bicycle paths;
5. Storm drains and other water quality devices to ensure regional permit compliance;
6. Public utilities (including but not limited to water, reclaimed water, sewer, electric, gas,
and telephone);
7. Public parks, open space and recreation facilities;
8. Fire protection and emergency response facilities;
9. Parking improvements;
10. Museums and cultural facilities;
11. Ecological and sustainability educational improvements;
12. Energy efficiency, water conservation, and renewable energy improvements;
13. Land, rights-of-way and easements necessary for any facilities to be financed by the
District; and
14. Equipment, apparatus, facilities or fixtures with an expected useful life of 5 years or
longer necessary for any of the foregoing or necessary to provide any of the services
described in Exhibit E.
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City of Chula Vista ACN 2021-013
EXHIBIT “E”
Description of Authorized Services
(to be attached prior to execution.)
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EXHIBIT E
DESCRIPTION OF THE AUTHORIZED SERVICES
Authorized Services shall include the operation, maintenance, servicing, and replacement of the
authorized Improvements (see Exhibit D), together with the following additional Services:
1. Landscaping, including, but not limited to trees, shrubs, grass, other ornamental
vegetation located in or on slopes, parkways and medians;
2. Facilities that are directly related to storm water conveyance, including, but not limited
to pipes and drainage inlets, detention basins, linear bioretention, and parks;
3. Walls and fencing;
4. Parks, including landscaping, facilities, walls, fencing, lighting, and trails;
5. Streetscape improvements, including lighting, furnishings and appurtenances;
6. Parking improvements;
7. Transportation services;
8. Promotion of public events and tourism;
9. Security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal
services supplemental to those normally provided by the City or other service provider;
and
10. Repair of the authorized Improvements.
For purposes of this description of the Services to be funded by the levy of Special Taxes within
the District, “maintenance” includes, but is not limited to, the furnishing of services and materials
for the ordinary and usual maintenance, operation, management and servicing of any of the
authorized Improvements, including:
1. Repair, removal, or replacement of the authorized Improvements;
2. Providing for the life, growth, health, and beauty of habitat, including the cultivation,
irrigation, trimming, spraying, fertilizing, or treating for disease or injury;
3. The removal of trimmings, rubbish, debris, silt, and other solid waste;
4. The cleaning, sandblasting, and painting of walls and other facilities to remove or
cover graffiti;
5. The elimination, control, and removal of rodents and vermin;
6. The operation and management of open space and natural habitat, including biological
monitoring and evaluation of collected data;
7. The conduct of biological activities necessary to sustain the species being protected;
8. The operation and maintenance of pedestrian bridges and community gardens within
or appurtenant to such open space or habitat area(s); and
9. The maintenance and cleaning of drainage and other storm water control facilities
required to provide storm water quality control.
“Service” or “servicing” means the furnishing of:
10. Electric current or energy, gas, or other illuminating agent for any public lighting
facilities or for the lighting or other operation of any other Improvements; and
11. Water for the irrigation of any landscaping or the operation or maintenance of any
other Improvements.
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