HomeMy WebLinkAboutAgenda Packet 1998/01/06
.., declare Hnder penalty of perjury that -I am
employed by the City of Chula Vista in the
Office of the City Clerk and ti,a! I posted
this Agenda/Notice on the Bulletin B~~r~. .at
Tuesday, January 6, 1998 the Public rvi s Building LI.J l Ii _ II on
DATED ;J;¡ SIGNED b/~ ," _ Council Chambers
4:00 p.m.
Pubhc ServIces Buddmg
REVISED
Rerular Meetin~ of the Citv of Chuta Vista Citv Council
CALL TO ORDER
L ROLL CALL: Councilmembers Moot _. Padilla _, Rindone _, Salas _, and
Mayor Horton _.
2. PLEDGE OF ALLEGIANCE TO THE FLAG. MOMENT OF SILENCE
3. APPROVAL OF MINUTES: November 25, 1997.
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office: Brent A. Curd - Cultural Arts Commission.
b. Presentation to Mayor Pro Tern, Stephen Padilla, by Mayor Horton for his service from December
1996 to December 1997.
c. Presentation of San Diego Business Journal's Who's Who awards to Mayor Horton and
Sweetwater Union High School District by Ted Owen, President and Publisher of the San Diego
Business Journal.
d. Update on Chula Vista CONVIS activities by Rod Davis and Robyn Wilner of the Chula Vista
Chamber of Commerce.
e. Presentation by the City of San Diego on the Repurified Water Project.
CONSENT CALENDAR
(lrems 5 through 7)
The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by
the CouncU by one motion without discussion unless a Councilmember, a member of the public, or CiJy staff
requests that the item be pulled for discussion. If you wish to speak on one of these items, please .fill out a
"Request to Speak Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. Items pulled
from the Consent Calendar will be discussed after Board and Commission Recommendations and Action Items.
Items pulled by the public will be the first items of business.
5. WRITTEN COMMUNICATIONS:
a. Letter from the Assistant City Attorney stating that to the best of her knowledge from
observance of actions taken in Closed Session on 12/16/97, that there were no reportable
actions which are required under the Brown Act to be reported, It is recommended that the
letter be received and filed.
_.
Agenda -2- January 6, 1998
b. Letters from Rebecca Duncan and Juanita La Fond requesting financial assistance to attend
the Freedoms Foundation at Valley Forge Youth Leadership Conference. It is recommended
that $50 from the Council contingency account be granted to Rebecca Duncan towards expenses
incurred for her trip to Valley Forge. in exchange for which she will execute a contract with the
City to make a presentation to one of the City's youth groups. It is recommended that Ms. La
Fond's request be denied, however, as she is neither a resident of nor a student in Chula Vista.
6. ORDINANCE 2717 AMENDING SECTION 19,58.147 OF THE MUNICIPAL CODE
RELATING TO REQUIRED STANDARDS FOR LARGE FAMILY DAY
CARE HOMES (second readiJU! and adoDtion) - Section 19.58.147 of the
Municipal Code outlines required standards for granting of a large family day
care permit. Staff is proposing amending three standards: (1) the distance
separation required; (2) the temporary parking requirement; and (3) the noticing
radius distance. Staff is recommending an addi tional requirement of 300 feet
separation distance from another such facility, which is not on the same street;
temporary on-site parking of at least two vehicles for the safe loading and
unloading of children. Staff recommends Council place the ordinance on second
reading and adoption. (Acting Director of Planning)
7. RESOLUTION 18855 AWARDING A 3-YEAR CONTRACT, FOR DELINQUENCY
MONITORING TO MUNIFINANCIAL INC. AND THE LAW OFFICE OF
OWEN, BRADLEY & BARTRAM, AUTHORIZING THE CITY
ATTORNEY OR IDS DESIGNEE TO INITIATE FORECLOSURE
PROCEEDINGS ON DELINQUENT PARCELS IN CITY ASSESSMENT
DISTRICT AS NEEDED, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENTS - The City has issued several bonds for the
financing of infrastructure. This action will ensure that the City's fiduciary
responsibility to the bond holders is fulfilled by providing required delinquency
monitoring and collection services. All costs associated with the collection of
delinquent assessments are recovered from the delinquent property owners at no
expense to the City. Staff recommends approval of the resolution. (Director
of Public Works)
···ENDOFœN~NTCMEN~R***
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the
Council's jurisdiction that is not an item on this agenda for public discussion. (State Inw, however, generally
prohibits the City Council from taking action on any issues not included on the posted agenda.) If you wish to
address the Council on such a subject, please complete the "Request to Speak Under Oral Communications
Fonn" availnble in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak,
please give your name and address for record purposes and follow up action.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by law. If you wish to
speak to any item, please fill out the "Request to Speak Fonn" availnble in the lobby and submit it to the City
Clerk prior to the meeting.
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Agenda -3- January 6, 1998
8. PUBLIC HEARING ON ASSESSMENT DISTRICT NUMBER 93-01 FOR ALLEY
IMPROVEMENTS EAST OF SECOND A VENUE AND SOUTH OF "J"
STREET - Council accepted a petition signed by a majority of the property
owners adjacent to the aney east of Second Avenue between "J" and Kearney
Streets to form a special assessment district for the construction of improvements
to the alley. Council subsequently awarded the contract to Fox Construction
Company which completed the aney improvement project on 10/30/95. If the
majority of the property owners vote "yes," staff recommends Council approve
the resolutions. If the property owners vote "no," staff recommends Council
authorize the City Attorney to commence legal proceedings against those
property owners within the area of benefit. (Director of Public Works)
Continued from the meeting of 12/9/97. NOTE: TIME CERTAIN FOR
5:30 P.M.
A. RESOLUTION 18856 CONFIRMING THE ENGINEER'S REPORT BY THE CITY ENGINEER
ON THE COST OF CONSTRUCTION AND SPREAD OF ASSESSMENTS
B. RESOLUTION 18857 ADOYfING A NOTICE OF LIEN TO LEVY AND COLLECT
ASSESSMENTS FOR ASSESSMENT DISTRICT NUMBER 93-01 FOR
ALLEY IMPROVEMENTS EAST OF SECOND A VENUE AND SOUTH
OF "J" STREET
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions, anil/or Committees.
None submitted.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by
the Council, staff. or members of the general public. The items will be considered individually by the Council
anil stoffrecommendations may in certain cases be presented in the alternative. Those who wish to speak, please
fill out a "Request to Speak" form available in the lobby and submit it to the City Clerk prior to the meeting.
None submitted.
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which have been removed from the Consent Calendar.
Agenda items pulled at the request of the public will be considered prior to those pulled by Councibnembers.
OTHER BUSINESS
9. CITY MANAGER'S REPORTlS)
a. Scheduling of meetings.
b. Appointment of Department Head.
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Agenda -4- January 6, 1998
10. MAYOR'S REPORT(s)
II. COUNCIL COMMENTS
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) the regular City Council meeting on January 13, 1998
at 6:00 p.m. in the City Council Chambers.
A regular meeting of the Redevelopment Agency will be held immediately following the City Council meeting.
....·w__·_ ______.____.__
". declare under penalty of perjury that I am
employed by the City of Chu!a Vista in the
Office of the City Cfer1r. 2nd th::;·~ I rC3ted
this Agenda/No~ji:e on the 8dJ0tin Board at
Tuesday, January 6, 1998 the Public S rvices Eu:rdin~ a~_L, l'hIÎòn Council Chambers
4:00 p.m. DATED, /,,2. Q :9 SIGNED . ~ J'bblic Services Building
(immediately following tbe City Council Mee 109)
City of Chula Vista City Council
CLOSED SESSION AGENDA
Effective April 1, 1994, there have been new amendments to the Brown Act. Unless the City Attorney, the City
Manager or the City Council states otherwise at this time, the Council will discuss and deliberate on the following
items of business which are pennitted by law to be the subject of a closed session discussion, and which the
Council is advised should be discussed in closed session to best protect the interests of the City. The Council is
required by law to return to open session, issue any reports of final action taken in closed session, and the votes
taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be tenninated
at this point in order to save costs so that the Council's return from closed session, reports of final action taken,
and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the
minutes which will be available in the City Clerk's Office.
1. PUBLIC EMPLOYEE APPOINTMENT - Pursuant to Govenunent Code Section 54957
. City Manager
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
. Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive
Management, Mid·Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA) and Western Council of
Engineers (WCE), Police Officers Association (POA) and International Association of Fire
Fighters (IAFF).
Unrepresented employee: Executive Management. Mid-Management, and Unrepresented.
2. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
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-~
,
NOT SCANNED
NOT SCANNED
December 18, 1997
TO: Th. Honorabl. Hayor and Ci~;,unCil
FROM: John D. Goss, City Manager
SUBJECT: City Council Meeting of Jinuary 6, 1998
v
This will transmit the agenda and related materials for the regular
city Council meeting of Tuesday, January 6, 1998. Comments
regarding the written communications are as follows:
5a. This is a letter from the Assistant city Attorney stating that
to the best of her knowledge from observance of actions taken
in Closed Session on 12/16/97, there were no actions taken
which are required under the Brown Act to be reported.
IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED.
5b. These are letters from Rebecca Duncan, a student at Hilltop
High school, and Juanita La Fond, a student at the University
of San Diego High School, requesting financial assistance to
attend the 1998 Youth Freedom and Leadership Conference at
Freedoms Foundation at Valley Forge. The Council has in the
past, in connection with the criteria for funding established
by council Policy 159-02, approved the expenditure of funds
for various Chula vista students to attend this conference in
exchange for presentations to City youth groups. Last year,
due to the increased number of requests the city had been
receiving, the amount of funding was cut from $100 to $50 per
student. IT IS RECOMMENDED THAT $50 FROM THE COUNCIL
CONTINGENCY ACCOUNT BE GRANTED TO REBECCA DUNCAN TOWARDS
EXPENSES INCURRED FOR HER TRIP TO VALLEY FORGE, IN EXCHANGE
FOR WHICH SHE WILL EXECUTE A CONTRACT WITH THE CITY TO MAKE A
PRESENTATION TO ONE OF THE CITY'S YOUTH GROUPS. IT IS
RECOMMENDED THAT MS. LA FOND'S REQUEST BE DENIED, HOWEVER, AS
SHE IS NEITHER A RESIDENT OF NOR A STUDENT IN CHULA VISTA.
JDG:mab
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OlY OF
CHULA VISTA
OFFICE OF THE CITY A TIORNEY
Date: December 17, 1997
To: The Honorable Mayor and City Council ~.
From: Ann Y. Moore, Assistant city AttorneyO
Re: Report Regarding Actions Taken in Closed Session
for the Meeting of 12/16/97
The City Council met in Closed Session on 12/16/97 to discuss
Conference with Real property Negotiator: Purchase price and terms
for property located at 130 Beyer Way and 1771 Fourth Avenue;
Public Employee Appointment: city Manager and labor negotiations.
The Redevelopment Agency met in Closed Session on 12/16/97 to
discuss Conference with Real Property Negotiator: Potential sale of
Redevelopment Property-John Moores and Larry Lucchino and Potential
Purchase of Easement: SDG&E.
The Assistant city Attorney hereby reports to the best of her
knowledge from observance of actions taken in the Closed Session in
which the Assistant City Attorney participated, that there were no
reportable actions which are required under the Brown Act to be
reported.
AYM: 19k
C:\lt\clossess.no
~-/
276 FOURTH AVENUE. CHULA VISTA' CALIFORNIA 91910 . (619) 691-5037 . FAX (619) 585-5612
?",b I'I:>sI.ca&lrøFC,dlldPi4Ø
RECEIVED
City of Chula Vista 1 r '91 IE 12 A9 :45
276 4th Ave. . CITY OF CHULA VISTt,
Chula Vista, CA 91910 "'--"-'- CITY CLERK'S OFFICE
'-.-
Dear Mayor Horton,
My name is Rebecca Duncan, and I am a student at Hilltop High School in Chula Vista.
I have been selected to represent my school at the Freedoms Foundation at Valley Forge
Youth Leadership Conference. During the week spent in Valley Forge and Washington D. C., I
will be participating in various leadership seminars, meeting with members of our Congress
and Senate, and visiting some historical sites in our nation's capitol. It is a very great
honor to have been selected to attend this conference, and I am very exited and eager to
go.
The cost of this trip is $1,000, and I have begun a fundraising effort to reach that
goal. Any tax deductible contribution you could make ~ld be greatly appreciated I
I ~ld be m:>re than happy to meet with you and explain m:>re about this worthwhile
experience, or you can make your check payable to F. F . V. F. San Diego Chapter and mail it to
the adress below. Please include my name on the check.
Thank you very much for your time and support I
Sincerely,
Rebecca Duncan
(619) 420-4810
~~
Please mail the check to: WRITTEN CO£~I~\U~'~U'CÞ~ TIO~~S
Patricia Hawkins r i~9Y
-
"". P""iden'. Y=" Progr- c<:~ ?f2 ('I)
3033 Hunrichs Way ~ 5¿ -)
San Diego, Ca 92117 82--1' ø~
~ /-;78--'1.-
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D .- . - . ',: I; i Juanita La Fond
-" , '. i 7128 East Hyatt St.
L.:;~ '"1 ~ SanDiego,CA92111
City of Chula Vista . L. ( ~. .. c', j ,Œ' ..
276 Four1h Avenue Ch~LAVISTA. CA nn
Chula Vista, CA 91910 ~::::;1 ~
December 14, 1997 (")0 ::0
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Attention: Mr. Tun Nader ~~ - I'll
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V)f" ~ -
Dear Mr. Nader, s;¡;:~ '"0 ~
:!!ëñ U1 0
Last month, the Freedoms Foundation San Diego Chapter selected thirty-six high school_rs ~
attend the 1998 Youth Leadership Conference at Freedoms Foundation at Valley Forge~
Pennsylvania. I have the honor of having been selected as one of these students and am looking
forward to a wonderful experience in March of 1998.
The mission of the Freedoms Foundation at Valley Forge is to impart to Americans - particularly
young Americans - an understanding of and commitment to our national heritage, the basic values
upon which this nation was built, the free enterprise system, and responsible citizenship. During
our stay at the Valley Forge campus in Pennsylvania, we will meet with prominent historians,
educators. journalists, and economists. The trip also includes tours of Washington, D.C.,
Philadelphia, and the Valley Forge National Park. While in Washington D.C., we will meet
legislators and visit many historical sites in the city.
I attend the University of San Diego High School. and playa very active role in my school. I am
currently a member of the Video Bulletin Club, which broadcasts ten to fifteen minute video
productions on cwrent school events to each classroom twice a month. I am also a member of the
Girls Water Polo team, and received a Varsity Letter for this sport last year. Academically. I am
very involved as well. In my Sophomore year, I took the AP Biology course available at my
school and received a 4 (out of possible 5) on the AP Exam in May, 1997. This has provided me
college credit for a Freshman Biology course, This year, I am taking AP United States History, a
course which has greatly increased my interest in our country's legal system and politics. I
anticipate learning a lot at the Conference in March. I maintain a 3.6 GP A, and also hold a part
time position at Calico Comers here in San Diego. At my job, I learn a lot about business and
customer relations.
The San Diego Chapter of Freedoms Foundation at Valley Forge have put a lot of effort into
organizing this 1rÏp, and underwrite a significant portion of the cost as well. We as students have
pledged to raise a total of $600 from various sponsors within our communities who support youth
programs. The deadline for my fundraising is Wednesday, March 11, 1998. I will greatly
appreciate any help the City of Chula Vista can give me in achieving my goal. As a token of my
appreciation for any contribution, I will be happy to provide a program on the Conference and the
Freedoms Foundation at Valley Forge for one of your meetings.
You may reach me at (619) 277-0920 or Marcellite Penhune at (619) 459-7402 if you have any
questions whatsoever. Should you choose to contribute, please make checks payable to WYF.
San Diego ~. Please include my name with it and mail to Mrs. Penhune. Her address is
included at the end of this letter.
Truly, the Freedoms Foundation is providing me with a wonderful experience in learning more
about our country's past and present. I could not be more grateful to them for their encouragement
and support. Your contribution to this cause will further my abilities as a future leader. All
CCi~~ WRmEN ~?;'AMUNiC~~
contributions are tax deductible, as well.
Thank you for your time and consideration in sponsoring me for such a wonderful experience.
Please do not hesitate to contact me or Mrs. Penhune if you have any questions.
Sincerely, ~ Ü
~1l{'(/V(A.t-CL lT7 ÀiL '.
uanita La Fond
Marcellite Penhune
Vice President, Youth Programs
6730 Muirlands Drive
La Jolla, CA 92037
5tr'3
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ORDINANCE NO. ). 71 ? 'r-\P'?
- ~~~ -~
AN ORDINANCE OF THE CITY OF CHULA V~ CITY COUNCIL
AMENDING SECTIONS 19.58.147 OF THE ~~ VISTA MUNICIPAL
CODE RELATING TO REQUIRED STAN~ FOR LARGE FAMILY DAY
CARE HOMES. '5
WHEREAS, the City has initiated a request to amend the Municipal Code to add a more
restrictive distance separation between facilities, require the provision of two on-site parking
spaces for the parking of owners vehicles and a double wide driveway for loading and unloading
of children, and reduce the public noticing radius, and
WHEREAS, the current Zoning Ordinance standards requiring a 1200 foot separation
between large family daycare facilities only when located along the same street would allow a
concentration of facilities within a neighborhood, and
WHEREAS, the addition of a more stringent 300 foot distance separation in all directions
would prevent' potential negative impacts to the neighborhood by preventing concentration of
. facilities, and
WHEREAS, this additional distance separation requirement will not unduly restrict
locations of future large family day care facilities within the City of Chula Vista, and
.--.
WHEREAS, the current Zoning Ordinance standards suggest but do not require that a two )
car driveway be free and clear to allow for the required area for the temporary loading and
unloading of children, and
WHEREAS, on November 5, 1997 City Planning Commission voted 5-0-0-2 to amend
section 19.58.147 as set forth below, and
WHEREAS, the City Clerk set the time and place for a hearing on said Municipal Code
amendment application and notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the city and its mailing to property owners
within 500 feet of the exterior boundaries of the property at least ten days prior to the hearing;
and
WHEREAS, the hearing was held at the time and place as advertised, namely December
16, 1997 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council and
said hearing was thereafter closed.
NOW, THEREFORE the City Council of the City of Chula Vista does ordain as follows:
SECTION I: That Section 19.58.147 of the Chula Vista Municipal Code is hereby
amended to read as follows:
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A large family daycare home shall be allowed in the R-E and R-I zones, and within the
-- PC designated RE and RS zones, upon the issuance of a large family daycare permit by the
Zoning Administrator and in compliance with the following standards:
A. Notice shall be given to properties within 300 feet of the proposed large family daycare
home at least ten (10) days prior to consideration of the permit.
B. The permit shall be considered without public hearing unless a hearing is requested by the
applicant or other affected party. The applicant or other affected pany may appeal the
Zoning Administrator's decision to the Planning Commission.
C. The family daycare function shall be incidental to the residential use of the propeny.
D. A large family day care home shall not locate within:
1.. Three hundred (300) feet of another such facility with said measurement being
defined as the shortest distance between the prQper(y lines of any such facilities:
and
L Twelve hundred (120m feet of another such facility 6ft- ~ the same street ~
mea.31:lye.å flam tlie:. e:xteriôf Bôtlnåarie3 af (fie 15fôþert)' with said measurements
being defined as the shortest distance between front propertv lines. as measured
,........ alon~ the same street. of any such facilities.
)
E. The owner must provide a double-wide drivewav which shall be paved to meet Citv
Standards and be a minimum of 16 feet wide and 19 feet in depth as measured from the
ed~e of sidewalk to any vertical obstruction, The driveway shall be available durin~ all
hours of operation for'the loading and unloading of children. If a garage exists on-site.it
must be utilized for parking of personal vehicle(s). In the event that less than a two car
garal1e exists on-site. the owner must desil1nate an area on-site other than on the driveway
so that a total of two personal vehicles can be parked on-site. includinl1 the ~araQe,
Notwithstandinl1 the foregoing applicant must comply with all other Municipal/Code
provisions as to parkinl1 and traffic.
F. If in the opinion of the Zoning Administrator there is a potential for significant traffic
problems, the Zoning Administrator shall request review of the application by the City
Traffic Engineer. The City Traffic Engineer may impose accessory requirements for the
daycare permit in these instances to ensure maintenance of traffic safety levels within the
vicinity of the home.
G. A usable rear yard play area of 1,200 sq. ft. shall be provided. Outdoor play activity shall
not be allowed in the front or exterior side yard of the home.
H. Play areas shall be designed and located to reduce the impact of noise on surrounding
~
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properties. The Zoning Administrator may impose reasonable requirements [0 alleviate
noise, including but not limited to installation of a six-foot high block wall around the
perimeter of the rear yard.
SECTION II: FINDINGS
The City Council hereby finds that the text amendment will enhance the health, safety and
welfare of the citizens of Chula Vista based upon the following:
1. The additional distance separation requirement between large family day care
homes will avoid an over-concentration of such uses in the same neighborhood.
2. The additional restriction that the owner must provide on-site parking and keep the
driveway free and clear during all hours of operation of the facility will reduce
congestion and confusion for parents dropping off and picking up children.
Approved as to form by
CÀ ^-' ~CkQ --
Ken !Lee John M. Kaheny
Director of Planning (Acting) City Attorney
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COUNCIL AGENDA STATEMENT
,
ltem1
Meeting Date 1/06/98
ITEM TITLE: Resolution / gg--..bS: d' 3 ~ d ¡-
war mg a -year contract, or e mquency
monitoring to MuniFinancial Inc. and the Law Offices of Owen, Bradley
& Bartram, authorizing the City Attorney or his designee to initiate foreclo-
sure proceeding on delinquent parcels in City assessment districts as
needed, and authorizing the Mayor to execute said agreements.
SUBMITTED BY: Director of Finance ~ .
rnrectoc of PubU, Wocb ~
REVIEWED BY: City Manager .J G ~ /þ (4/5ths Vote: Yes_No..xJ
The City has issued several bonds for the financing of infrastructure. This action will ensure that
the City's fiduciary responsibility to the bond holders is fulfilled by providing required
delinquency monitoring and collection services. All costs associated with the collection of
delinquent assessments are recovered from the delinquent property owners at no expense to the
City.
RECOMMENDATION: That Council approve the resolutions; and awarding 3-year agreements,
for delinquency monitoring and judicial foreclosure services to MuniFinancial Inc. and the Law
Offices of Owen, Bradley & Bartram; and authorize the Mayor to execute said agreement.
DISCUSSION:
Back!!round
The City has formed 11 Assessment Districts to provide financing of infrastructure mostly for new
developments. The bonds that were used to finance the improvements were issued pursuant to
the Improvement Bond Act of 1915. These bonds are typically paid off by the district over a 20
to 25 year period. The yearly installment is collected on the tax bill of those who benefit from
the improvements. In addition to the principal and interest, a maximum $16 fee is collected yearly
from every parcel within a district for the administration thereof.
One of the provisions of issuing 1915 Act limited obligation bonds is that the City must monitor
the collection process and cause judicial foreclosure proceedings to commence in as little as 150
days of an installment becoming delinquent. The City's obligations to the bond holders are
spelled out as covenants in each districts' bond indenture. In cases where the City does not
initiate timely judicial foreclosure proceedings pursuant to the covenants, the City may become
liable for the delinquent payment to the bond holders.
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Page 2, Item 7
Meeting Date 1/06/98
The 1915 Bond Act states that the cost of collecting a delinquent installments is recoverable from
the delinquent parcel. The delinquent installment, penalties, interest and collection costs will be
collected from the delinquent parcels so that other parcels within the district will experience no
additional cost. The City has used the services of MuniFinancial, Inc. and the Law Offices of
Owen, Bradley & Bartram for the past three years and are satisfied with their services.
Tonight's action authorizes the consultants to perform monitoring and collection services for the
City. Funds for this service will be advanced from the $16 yearly administrative fee that the City
collects from every parcel within the assessment districts in anticipation of ultimate recovery from
the delinquent property owners.
Consultant Selection Process
Staff reviewed the methods of accomplishing the work, including performing the activities in-
house and using a consultant. The purposes for hiring a consultant to perform this service are
speed, expertise and cost. The consultants have a special expertise in this area and handle most
of the delinquency monitoring of Southern California. Having a specialist monitoring the
collection of delinquent assessments will allow the City to meet its covenants in a timely manner
and at a lower expense to the delinquent parcel.
Public Works - Engineering Division staff followed the City Municipal Code Section 2.56.230
in the Consultant selection process. As required, a Request for Proposal (RFP) was prepared by
staff in accordance with the above mentioned Municipal Code. The Request for Proposal was
published in the Star News and the San Diego Daily Transcript for over a month. Three firms
responded to the invitation and submitted their proposals.
The RFP included a description of the scope of work and the time frames for completion. Each
firm was asked to provide: 1) general familiarity with assessment districts, especially the
Improvement Bond Act of 1915; 2) capacity, resources and specialized equipment or expertise to
perform the work; 3) names and qualifications of all key personnel to be used in the project,
including any subconsultants; 4) past record of performance and references; 5) the location of the
office where the work is to be performed; and 6) a cost estimate.
The RFP also indicated that the City would rank the proposals based on the following criteria:
1. Fee proposal and pay schedule.
2. Past record or performance (Reference Evaluation).
3. Evaluation of personnel qualifications, including subconsultants if so indicated.
4. Capacity and resources to perform the work.
5. Proximity of office to San Diego County.
7/~
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Page 3, Item 7
Meeting Date 1/06/98
The following firms responded to the RFP:
Estimated Cost over
Consultant Location 3-year Period(l)
MuniFinancial Inc. and Temecula and $ 7,500
Law Offices of Owen, Bradley & Bartram Rialto
Berryman & Henigar and San Diego $ 5,500(2)
Brown, Devin & Hentschke
District Counsel Santa Ana $10,451
(I) Base cost only. Fees will be advanced from the $16 yearly administrative fee that the
City collects from every parcel within the assessment districts.
(2) Represents a savings of $0.15 per parcel, as compared to MuniFinancial's base cost.
RFP Evaluation Process
The selection committee was appointed by the City Manager and consisted of the Director of
Finance, Assistant City Attorney, and a Civil Engineer and Engineering Technician in the
Department of Public Works in accordance with the City Municipal Code Section 2.56.
The committee members were provided with individual copies of each one of the three responses
and each member was charged with rating the proposals in accordance with the evaluation criteria.
The Committee then interviewed the three firms. At the conclusion of the interviews, the
Committee met and selected MuniFinancial Inc. and the Law Offices of Owen, Bradley &
Bartram.
The selection of MuniFinancial Inc. and the Law Offices of Owen, Bradley & Bartram as the most
qualified team for the job was based on 1) better knowledge of the scope of previous work
performed; 2) excellent references; 3) presentation in the interview; 4) strongest project team; and
5) their work has been satisfactory over the past three years.
Berryman & Henigar and Brown, Devin & Hentschke submitted the lowest base cost (which
represents a saving of only $0.15 per parcel). However, they received a lower rating because of
their 1) limited experience in similar projects; and 2) limited references. District Counsel
received a lower rating based on the 1) oral presentation and 2) higher costs.
Contract Terms
Generally, the provisions of the contract provide that MuniFinancial Inc. will be responsible for
coordinating the collection of all delinquent installment payments and that the Law Offices of
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Page 4, Item 7
Meeting Date 1/06/98
Owen, Bradley & Bartram will provide judicial foreclosure services, as requested by the City.
Both are to provide these services for tax years 1997-1998, 1998-1999 and 1999-2000 and all
previous years. Both contracts will be completed when all delinquent parcels assigned during the
contract period have been resolved or upon notification form the City of contract termination.
The City can effectively terminate the agreements at anytime by not assigning any new
delinquencies to the consultants.
The City shall pay to the consultant an annual base fee of $2,500 in January of each tax year and
may be adjusted if the number of districts and/or parcels changes significantly. Should significant
changes occur, the adjustment to the annual base fee must be agreed to by the City. Funds for
this service will be advanced from the $16 yearly administrative fee that the City collects from
every parcel with the assessment districts.
The compensation schedule for MuniFinancial Inc. provides for payment for each item of work
per parcel and, if a parcel is delinquent in more that one district, compensation shall be as if that
parcel were delinquent in only one district. These fees are as follows:
Delinquency Reminder Letter $ 20 per parcel
Delinquency Demand Letter $ 30 per parcel
Delinquency Foreclosure Letter $ 42 per parcel
Effect Removal from tax roll $102 per parcel per district
Subsequent Foreclosure Services $150 per parcel per district
Payment Plan $200 per parcel per district
The compensation for the Law Offices of Owen, Bradley & Bartram will be paid by
MuniFinancial Inc. for Basic Legal Services as described in Attachment B, Exhibit B, Section 4A
in the table's footnotes, plus out of pocket expenses for title reports, court costs, process server
fees, litigation guarantees. MuniFinancial Inc. will then be reimbursed by the City for said
services, after principal, penalties, interest, administration fees and attorney fees have been
collected from the delinquent property owner.
MuniFinancial Inc. will be responsible for collection of the delinquent installment by sending two
letters explaining the gravity of the situation and the need for immediate payment. If
MuniFinancial Inc. is not successful they will pass the case on the Law Offices of Owen, Bradley
& Bartram for judicial foreclosure. If the property owner is willing to initiate a payment plan
either MuniFinancial or the Law Offices of Owen, Bradley & Bartram, depending on whether or
not the parcel has gone to foreclosure, will setup a stipulated judgement to ensure payment.
Otherwise, the Law Offices of Owen, Bradley & Bartram will complete foreclosure proceedings
causing the property to be sold, the proceeds of which shall be used to pay the delinquent
installment.
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Page 5, Item 7
Meeting Date 1/06/98
FISCAL IMPACT:
It is estimated that the yearly cost for the services will be less than $25,000. However, this cost
may vary since it is dependent on the number of parcels that become delinquent. Over the past
three years, MuniFinancial Inc. and the Law Offices of Owen, Bradley and Bartram have been
paid $13,437.43 and $10,471.95, respectively, for delinquency monitoring and judicial
foreclosure services.
This action will award 3-year contracts for the collection of delinquent assessment installments
to be paid for by the delinquent property owners. Since all collection costs are recovered for the
delinquent parcels, there is no fiscal impact to the City. By going through this process and
collecting the delinquent assessments, the City will avoid future liabilities and difficulties in
selling future bonds.
Attachments
A Proposed Agreement with MuniFinancial Inc.
B Proposed Agreement with the Law Offices of Owen, Bradley & Bartram
h: \home\engineer\agenda \muni. bob
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RESOLUTION NO. 111'55"
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AWARDING A 3-YEAR CONTRACT, FOR
DELINQUENCY MONITORING TO MUNIFINANCIAL INC.
AND THE LAW OFFICE OF OWEN, BRADLEY & BARTRAM,
AUTHORIZING THE CITY ATTORNEY OR HIS DESIGNEE
TO INITIATE FORECLOSURE PROCEEDINGS ON
DELINQUENT PARCELS IN CITY ASSESSMENT DISTRICT
AS NEEDED, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENTS
WHEREAS, the city has issued bonds for the financing of
infrastructure for a number of assessment districts; and
WHEREAS, this action will ensure that the City's
fiduciary responsibility to the bond holders is fulfilled by
providing required delinquency monitoring and collection services;
and
WHEREAS, all costs associated with the collection of
delinquent assessments are recovered from the delinquent property
owners at no expense to the city; and
WHEREAS, the 1915 Bond Act states that the cost of
collecting a delinquent installments is recoverable from the
delinquent parcel and the delinquent installment, penalties,
interest and collection costs will be collected from the delinquent
parcels so that other parcels within the district will experience
no additional cost; and
WHEREAS, these services have been provided by
MuniFinancial Inc. and the Law Offices of Owen, Bradley & Bartram
over the past three years; and
WHEREAS, as required by Chula vista Municipal Code
section 2.56.230, a Request for Proposal (RFP) was prepared by
staff and published in the Star News and the San Diego Daily
Transcript for over a month; and
WHEREAS, the following three firms responded and
submitted the following proposals:
1
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Estimated
Consultant Location Cost over
3-year
Period(1)
MuniFinancial Inc. and Temecula and $ 7,500
Law Offices of Owen, Bradley Rialto
& Bartram
Berryman & Henigar and San Diego $ 5,500(2)
Brown, Devin & Hentschke
District Counsel Santa Ana $10,451
(1) Base cost only. Fees will be advanced from the $16
yearly administrative fee that the
city collects from every parcel within the assessment
districts.
(2) Represents a savings of $0.15 per parcel, as compared
to MuniFinancial's base cost.
WHEREAS, the selection committee was appointed by the
City Manager and consisted of the Director of Finance, Assistant
City Attorney, and a civil Engineer and Engineering Technician in
the Department of Public Works in accordance with the City
Municipal Code section 2.56.230; and
WHEREAS, the committee met and selected MuniFinancial
Inc. and the Law Offices of Owen, Bradley & Bartram; and
WHEREAS, the selection of MuniFinancial Inc. and the Law
Offices of Owen, Bradley & Bartram as the most qualified team for
the job was based on 1) better knowledge of the scope of previous
work performed; 2) excellent references; 3) presentation in the
interview; 4) strongest project team; and 5) their work has been
satisfactory over the past three years.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
city of Chula vista does hereby award a 3-year contract for delin-
quency monitoring to MuniFinancial Inc., a copy of which shall be
kept on file in the office of the City Clerk as Document No. .
BE IT FURTHER RESOLVED that the city Council of the City
of Chula vista does hereby award a 3-year contract for judicial
foreclosure services to the Law Offices of Owen, Bradley & Bartram,
a copy of which shall be kept on file in the office of the City
Clerk as Document No. .
BE IT FURTHER RESOLVED that the City Attorney or his
designee is hereby authorized to initiate foreclosure proceedings
on delinquent parcels as needed.
2
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BE IT FURTHER RESOLVED that the Mayor of the city of
Chula vista is hereby authorized and directed to execute the
agreements for and on behalf of the City of Chula vista.
Presented by Approved as to form by
John P. Lippitt, Director of (J~,~ r
JOhn-M. aheny, cit Attorney
Public Works
C:\rs\lunifinc.bid
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Agreement Between
City of Chula Vista
and
MuniFmancial Inc.
for Assessment District Delinquency Monitoring
and Collection Services
This agreement dated December 20, 1997, for the purposes of reference only, and effective
as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph
1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City),
whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the
attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A,
paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A,
paragraph 6 ("Consultant"), and is made with reference to the following facts: .
Recitals
Whereas, the City has formed Assessment Districts pursuant to the Municipal Improvement
Act of 1913 to impose assessments on benefiting properties to finance the construction of various
public improvements; and
Whereas, limited obligation bonds were issued to fund the unpaid assessments pursuant to
the Improvement Bond Act of 1915, and,
Whereas, the City must begin judicial foreclosure proceedings when parcels become
delinquent on their assessment installment; and,
Whereas, Consultant warrants and represents that they are experienced and staffed in a
manner such that they are and can prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the terms and conditions of this
Agreement.
(End of Recitals. Next Page starts Obligatory Provisions.)
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Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually
agree as follows:
1. Consultant's Duties:
A. General Duties:
Consultant shall perform all of the services described on the attached Exhibit A, Paragraph
7, entitled "General Duties"; and,
B. Scope of Work and Schedule:
In the process of performing and delivering said "General Duties", Consultant shall also
perform all of the services described in Exhibit A, Paragraph 8, entitled "Scope of Work and
Schedule", not inconsistent with the General Duties, according to, and within the time frames
set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in
Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of
this agreement. The General Duties and the work and deliverables required in the Scope of
Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete
the Defined Services by the times indicated does not, except at the option of the City, operate
to terminate this Agreement.
C. Reductions in Scope of Work:
City may independently, or upon request from Consultant, from time to time reduce the
Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City
and Consultant agree to meet in good faith and confer for the purpose of negotiating a
corresponding reduction in the compensation associated with said reduction.
D. Additional Services:
In addition to performing the Defined Services herein set forth, City may require Consultant
to perform additional consulting services related to the Defined Services (" Additional Services"),
and upon doing so in writing, if they are within the scope of services offered by Consultant,
Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate
Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon.
All compensation for Additional Services shall be paid monthly as billed;
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E. Standard of Care:
Consultant, in performing any Services under this agreement, whether Defined Services or
Additional Services, shall perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions
and in similar locations.
F. Insurance:
Consultant represents that it and its agents, staff and subconsultants employed by it in
connection with the Services required to be rendered, are protected against the risk of loss by
the following insurance coverages, in the following categories, and to the limits specified,
policies of which are issued by Insurance Companies that have a Best's Rating of" A, Class V"
or better, or shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage
in the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile Insurance coverage
in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to
each project away from premises owned or rented by Consultant, which names City and
Applicant as an Additional Insured, and which is primary to any policy which the City may
otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant
in the same manner as members of the general public ("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless
Errors and Omissions coverage is included in the General Liability policy.
G. Proof of Insurance Coverage:
(1) Certificates of Insurance:
Consultant shall demonstrate proof of coverage herein required, prior to the
commencement of services required under this Agreement, by delivery of Certificates of
Insurance demonstrating same, and further indicating that the policies may not be canceled
without at least thirty (30) days written notice to the Additional Insured.
(2) Policy Endorsements Required:
In order to demonstrate the Additional Insured Coverage, Primary Coverage and
Cross-liability Coverage required under Consultant's Commercial General Liability Insurance
POlicy, Consultant shall deliver a policy endorsement to the City demonstrating same, which
shall be reviewed and approved by the Risk Manager.
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H. Security for Performance:
(1) Performance Bond:
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide
a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding
the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a
performance bond by a surety and in a form and amount satisfactory to the Risk Manager or
City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond",
in said Paragraph 19, Exhibit A.
(2) Letter of Credit:
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide
a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding
the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an
irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the
bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms
of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount
satisfactory to the Risk Manager or City Attorney which amount is indicated in the space
adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A.
(3) Other Security:
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide
security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled "Other Security"), then
Consultant shall provide to the City such other security therein listed in a form and amount
satisfactory to the Risk Manager or City Attorney.
I. Business License:
Consultant agrees to obtain a business license from the City and to otherwise comply with
Title 5 of the Chula Vista Municipal Code.
2. Duties of the City:
A. Consultation and Cooperation:
City shall regularly consult the Consultant for the purpose of reviewing the progress of the
Defined Services and Schedule therein contained, and to provide direction and guidance to
achieve the objectives of this agreement. The City shall permit access to its office facilities,
fùes and records by Consultant throughout the term of the agreement. In addition thereto, City
agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph
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10, and with the further understanding that delay in the provision of these materials beyond 30
days after authorization to proceed, shall constitute a basis for the justifiable delay in the
Consultant's performance of this agreement.
B. Compensation:
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than
monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate
Consultant for all services rendered by Consultant according to the terms and conditions set forth
in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by
a ·checkmark" next to the appropriate arrangement, subject to the requirements for retention set
forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses
as provided in Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient information as to the propriety
of the billing to permit the City to evaluate that the amount due and payable thereunder is
proper, and shall specifically contain the City's account number indicated on Exhibit A,
Paragraph 18 (C) to be charged upon making such payment.
The Subconsultant shall forward all invoices for services rendered to the Consultant
according to the terms of agreement. The Consultant will forward to City, invoices for all
services rendered by both Consultant and Subconsultant.
3. Administration of Contract:
Each party designates the individuals ("Contract Administrators") indicated on Exhibit A,
Paragraph 13, as said party's contract administrator who is authorized by said party to represent
them in the routine administration of this agreement.
4. Term:
This Agreement shall terminate when the Parties have complied with all executory provisions
hereof.
5. Liquidated Damages:
The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A,
Paragraph 14.
It is acknowledged by both parties that time is of the essence in the completion of this
Agreement. It is difficult to estimate the amount of damages resulting from delay in per-
formance. The parties have used their judgment to arrive at a reasonable amount to compensate
for delay.
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Failure to complete the Defined Services within the allotted time period specified in this
Agreement shall result in the following penalty: For each consecutive calendar day in excess
of the time specified for the completion of the respective work assignment or Deliverable, the
consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated
Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays caused by the
City, shall be requested in writing to the City's Contract Administrator, or designee, prior to
the expiration of the specified time. Extensions of time, when granted, will be based upon the
effect of delays to the work and will not be granted for delays to minor portions of work unless
it can be shown that such delays did or will delay the progress of the work.
6. Financial Interests of Consultant:
A. Consultant is Designated as an FPPC Filer:
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is
deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph 15
of Exhibit A, or if none are specified, then as determined by the City Attorney.
B. Decline to Participate:
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make,
or participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a
financial interest other than the compensation promised by this Agreement.
C. Search to Determine Economic Interests:
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and
represents that Consultant has diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations promulgated by the Fair Political
Practices Commission, and has determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with Consultant's duties under this
agreement.
D. Promise Not to Acquire Conflicting Interests:
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant will not acquire, obtain, or assume an economic interest
during the term of this Agreement which would constitute a conflict of interest as prohibited by
the Fair Political Practices Act.
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E. Duty to Advise of Conflicting Interests:
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant will immediately advise the City Attorney of City if
Consultant learns of an economic interest of Consultant's which may result in a conflict of
interest for the purpose of the Fair Political Practices Act, and regulations promulgated
thereunder.
F. Specific Warranties Against Economic Interests:
Consultant warrants and represents that neither Consultant, nor Consultant's immediate
family members, nor Consultant's employees or agents ("Consultant Associates") presently have
any interest, directly or indirectly, whatsoever in any property which may be the subject matter
of the Defmed Services, or in any property within 2 radial miles from the exterior boundaries
of any property which may be the subject matter of the Defined Services, ("Prohibited
Interest"), other than as listed in Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates in connection with Consultant's performance of this Agreement.
Consultant promises to advise City of any such promise that may be made during the Term of
this Agreement, or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest
within the Term of this Agreement, or for 12 months after the expiration of this Agreement,
except with the written permission of City.
Consultant may not conduct or solicit any business for any party to this Agreement, or for
any third party which may be in conflict with Consultant's responsibilities under this
Agreement, except with the written permission of City.
7. Hold Harmless:
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability, cost and
expense (including without limitation attorneys' fees) arising out of the conduct of the
Consultant, or any agent or employee, subcontractors, or others in connection with the execution
of the work covered by this Agreement, except only for those claims arising from the sole
negligence or sole willful conduct of the City, its officers, or employees. Consultant's
indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred
by the City, its officers, agents, or employees in defending against such claims, whether the
same proceed to judgment or not. Further, Consultant at its own expense shall, upon written
request by the City, defend any such suit or action brought against the City, its officers, agents,
or employees. Consultants' indemnification of City shall not be limited by any prior or
subsequent declaration by the Consultant.
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8. Termination of Agreement for Cause:
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right to terminate
this Agreement by giving written notice to Consultant of such termination and specifying the
effective date thereof at least five (5) days before the effective date of such termination. In that
event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and
other materials prepared by Consultant shall, at the option of the City, become the property of
the City, and Consultant shall be entitled to receive just and equitable compensation for any
work satisfactorily completed on such documents and other materials up to the effective date of
Notice of Termination, not to exceed the amounts payable hereunder, and less any damages
caused City by Consultant's breach.
9. Errors and Omissions:
In the event that the City Administrator determines that the Consultants' negligence, errors,
or omissions in the performance of work under this Agreement has resulted in expense to City
greater than would have resulted if there were no such negligence, errors, omissions, Consultant
shall reimburse City for any additional expenses incurred by the City. Nothing herein is
intended to limit City's rights under other provisions of this agreement.
10. Termination of Agreement for Convenience of City:
City may terminate this Agreement at any time and for any reason, by giving specific written
notice to Consultant of such termination and specifying the effective date thereof, at least thirty
(30) days before the effective date of such termination. In that event, all [mished and unfinished
documents and other materials described hereinabove shall, at the option of the City, become
City's sole and exclusive property. If the Agreement is terminated by City as provided in this
paragraph, Consultant shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials to the effective date of such
termination. Consultant hereby expressly waives any and all claims for damages or compensation
arising under this Agreement except as set forth herein.
11. Assignability:
The services of Consultant are personal to the City, and Consultant shall not assign any
interest in this Agreement, and shall not transfer any interest in the same (whether by assignment
or novation), without prior written consent of City. City hereby consents to the assignment
of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the
subconsultants identified thereat as "Permitted Subconsultants".
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12. Ownership, Publication, Reproduction and Use of Material:
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems
and any other materials or properties produced under this Agreement shall be the sole and
exclusive property of City. No such materials or properties produced in whole or in part under
this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the
United States or in any other country without the express written consent of City. City shall
have unrestricted authority to publish, disclose (except as may be limited by the provisions of
the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part,
any such reports, studies, data, statistics, forms or other materials or properties produced under
this Agreement.
13. Independent Consultant:
City is interested only in the results obtained and Consultant shall perform as an independent
Consultant with sole control of the manner and means of performing the services required under
this Agreement. City maintains the right only to reject or accept Consultant's work products.
Consultant and any of the Consultant's agents, employees or representatives are, for all purposes
under this Agreement, an independent Consultant and shall not be deemed to be an employee
of City, and none of them shall be entitled to any benefits to which City employees are entitled
including but not limited to, overtime, retirement benefits, worker's compensation benefits,
injury leave or other leave benefits. Therefore, City will not withhold state or federal income
tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for
the payment of same and shall hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures:
No suit or arbitration shall be brought arising out of this agreement, against the City unless
a claim has fust been presented in writing and filed with the City and acted upon by the City
in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code,
as same may from time to time be amended, the provisions of which are incorporated by this
reference as if fully set forth herein, and such policies and procedures used by the City in the
implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees:
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the
claim, including costs and attorney's fees.
16. Statement of Costs:
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In the event that Consultant prepares a report or document, or participates in the preparation
of a report or document in performing the Defined Services, Consultant shall include, or cause
the inclusion of, in said report or document, a statement of the numbers and cost in dollar
amounts of all contracts and subcontracts relating to the preparation of the report or document.
17. Miscellaneous:
A. Consultant not authorized to Represent City:
Unless specifically authorized in writing by City, Consultant sh~ have no authority to
act as City's agent to bind City to any contractual agreements whatsoever, except for payment
plans with delinquent property owners entered into with the consent of the City.
B. Consultant is Real Estate Broker and/or Salesman:
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals
is/are licensed with the State of California or some other state as a licensed real estate broker
or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals
are licensed real estate brokers or salespersons.
C. Notices:
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall
be deemed to have been properly given or served if personally served or deposited in the United
States mail, addressed to such party, postage prepaid, registered or certified, with return receipt
requested, at the addresses identified herein as the places of business for each of the designated
parties. Notices may also be given by facsimile at the fax numbers for the parties specified in
exhibit A.
D. Entire Agreement:
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the
subject matter hereof. Neither this Agreement nor any provision hereof may be amended,
modified, waived or discharged except by an instrument in writing executed by the party against
which enforcement of such amendment, waiver or discharge is sought.
E. Capacity of Parties:
Each signatory and party hereto hereby warrants and represents to the other party that it has
legal authority and capacity and direction from its principal to enter into this Agreement, and
that all resolutions or other actions have been taken so as to enable it to enter into this
Agreement.
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F. Governing Law/Venue:
This Agreement shall be governed by and construed in accordance with the laws of the
State of California. Any action arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, State of California, and if applicable,
the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City of Chula Vista.
[end of page. next page is signature page.]
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Signature Page
to
Agreement between City of Chula Vista and
MuniYmancial Inc.
for Assessment District Delinquency Monitoring
IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby
indicating that they have read and understood same, and indicate their full and complete consent
to its terms:
Dated: ,1997 City of Chula Vista
By:
Shirley A. Horton, Mayor
Attest:
Beverly Authelet, City Clerk
Approved as to form:
Ú~~~
John M. Kaheny, City Att mey
Dated: N oJ €:~~ þ€V 17. tm MuniFinancial Inc., Consultant
,
By:
Carla Stalling, Chief ting Officer
By:~4ú/.q~r
Frank Fannon, Associate Director
Exhibit List to Agreement
(X) Exhibit A
( ) Exhibit B
-12- 7 - ;l(J
.' .__..-._--~-_._'-'" ---- ~ n"'" ------ ---..-.-.-.--.------..-."
Exhibit A
to
Agreement between City of Chula Vista
and
MuniFmancial Inc.
1. Effective Date of Agreement: December 20, 1997.
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of California
( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the
State of California
( ) Industrial Development Authority of the City of Chula Vista, a
( ) Other: , a [insert business form]
3. Place of Business for City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Phone: (619) 691-5266
Fax: (619) 691-5171
4. Consultant:
MuniFinancial Inc.
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
28765 Single Oak Drive, Suite 200
Temecula, CA 92590-3661
Phone: (909) 699-3990
Fax: (909) 699-3460
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--._~._~..,.,_._._--~,...._.-
7. General Duties:
The consultant will be responsible for coordinating the collection of all delinquent installment
payments as requested by the City for any assessment district within the City of Chula Vista for
tax years 1997-1998, 1998-1999, 1999-2000 and all previous years in accordance with what the
City has covenanted in the Bond Indenture for each assessment district.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
(1) The consultant will provide timely bi-annual reports of delinquent parcels to the
City and coordinate inquiries from delinquent property owners.
(2) The consultant will be responsible for contacting the delinquent property owner by
way of delinquency reminder, demand and foreclosure letters sent by the
consultant, at the City's authorization, an attempt to rectify the delinquency.
Copies of detail reports showing which property owners were sent reminder,
demand and foreclosure letters shall be forwarded to the City.
(3) The consultant will be responsible for requesting a direct payment to the City by
the delinquent property owner and removal of the delinquent assessment from the
County tax roll. All delinquent payments, penalties and consultant's fees shall be
made out to the City.
(4) While still acting pursuant to covenants the City has in the Bond Indenture, the
consultant will be responsible for negotiating a repayment schedule as City may
approve with the delinquent property owner to avoid foreclosure, if this is
acceptable to the property owner.
(5) The consultant will, at the City's request or the consultants inability to collect the
delinquent installments, turn over any uncollected delinquencies to the City via
letter in a timely manner so that judicial foreclosure proceedings can be initiated
pursuant to the City's Covenants in the Bond Indenture.
B. Date for Commencement of Consultant Services:
(X) Same as effective date of Agreement.
( ) Other: Upon written notice from the City to commence work.
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1: as specified in each existing Assessment District's Bond Indenture,
unless, with respect to 1996/1997 and prior year delinquencies
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which are, on the effective date of this agreement, still
outstanding, the time limits therefore are as soon as is reasonably
possible by consultant.
D. Date for completion of Consultant services:
That date when all delinquent parcels assigned to the consultant have been resolved or
upon notification from City of contract termination.
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance: $1,000,000
(X) Employer's Liability Insurance coverage: $1,000,000
(X) Commercial General Liability Insurance: $1,000,000
(X) Errors and Omissions Insurance: $2,000,000 (not included in Commercial General
Liability coverage).
(X) Business Automobile Insurance: $ 600,000
10. Materials Required to be Supplied by City to Consultant:
The City will furnish the consultant with the following documents and information:
A. Dates the Bonds in each existing district were issued (the closing dates).
B. Dated dates of the bonds in each existing district.
C. Beginning years of debt service and initial interest rates on the bonds.
D. Last years of dept service and final interest rates on the bonds.
E. Copies of the following resolutions for each of the districts:
1. Confirming the assessments and ordering construction of the improvements.
2. Authorizing issuance of the bonds and approving the terms thereof.
3. Authorizing the foreclosure actions.
4. Authorizing the execution of this agreement.
F. Bond Indenture Documents.
II. Compensation:
A. ( ) Single fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required, City shall
pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set
forth below:
Single Fixed Fee Amount: , payable as follows:
Milestone/Event/Deliverable Amount or Percent of Fixed Fee
-3- 7/:2)
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B. ( ) Phased Fixed Fee Arrangement
For the performance of each phase or portion of the Defined Services by Consultant as are
separately identified below, City shall pay the fixed fee associated with each phase of Services,
in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not
commence Services under any Phase, and shall not be entitled to the compensation for a Phase,
unless City shall have issued a notice to proceed to Consultant as to said Phase.
Phase Fee for Said Phase
1. $
2. $
3. $
C. ( ) Hourly Rate Arrangement
For performance of all of the Defined Services by Consultant as herein required, City shall
pay Consultant for the productive hours of time spent by Consultant in the performance of said
Service, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the
following terms and conditions:
(1) ( ) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of
said Maximum Compensation amount, Consultant agrees that Consultant will perform all
of the defined Services herein required of Consultant for $ including all
Materials, and other "reimbursables" ("Maximum Compensation").
(2) ( ) Limitation without Further Authorization on Time and Materials
Arrangement.
At such time as consultant shall have incurred time and materials equal to
(" Authorization Limit"), Consultant shall not be entitled to any additional
compensation without further authorization issued in writing and approved by the City.
Nothing herein shall preclude Consultant form providing additional Services at
Consultant's own cost and expense.
Rate Schedule
Category of Employee Hourly
of Consultant Name Rate
-
-
-
-
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( ) Hourly rates may increase by 6% for services render after [month], 19 ,if delay
in providing services is caused by City.
D. (X) Other, Piece-meal.
The City shall pay to the consultant an annual base fee of $2,500 in January of each tax year
and may be adjusted if the number of districts and/or parcels changes significantly. Should
significant changes occur, the adjustment to the annual base fee must be agreed to by the City.
For performanCe of the Defined Services by consultant as herein required, City shall pay
Consultant a fee for each Item of Work per parcel. A parcel that is delinquent in more than one
district will be billed for reminder and demand letters as if delinquent in only one district. The
fees listed below are invoiced to the Agency as the services are performed, however, the fees
shall not be payable until the delinquent assessment and applicable fees have been collected.
When the total number of outstanding delinquent parcels exceeds 200, the fees for the 20lst and
subsequent parcels will be payable upon receipt of invoice. Payment plan fees shall be payable
to the consultant upon receipt of the first installment. The Item of Work and their corresponding
fees are set forth below:
Delinquency Reminder Letter $ 20 per parcel(1)
Delinquency Demand Letter $ 30 per parcel(l)
Delinquency Foreclosure Letter $ 42 per parcel(l)
Effect Removal from tax roll $102 per parcel per district
Subsequent Foreclosure Services(2) $150 per parcel per district
Payment Plan $200 per parcel per district<l)
(I) If an owner owns more than 25 delinquent parcels in any district, these per-parcel-fees will
be reduced by one-half (112). Reminder letters for each parcel will be $10; Demand letters
will be $15; Foreclosure letters will be $21; and payment plans will be $100.
(2) SUBSEQUENT FORECLOSURE SERVICES AND FEES. MuniFinancial services include:
a) the preparation of a bi-monthly report for the Agency with the status of those assessments
which remain delinquent after 30 to 45 days from the mailing of the demand letters. These
reports will include aging and current status of all delinquent installments. These reports
will be supplied on a bi-monthly basis to the Agency, or more frequently, at no further costs,
as requested by the Agency. MuniFinancial will also negotiate, at the City's request, with
holders of inferior liens on the property for paying off the delinquencies on behalf of the
property owners. Subsequent foreclosure fees shall only be paid to the consultant if and
when the delinquent installment is collected by MuniFinancial in accordance with the City's
Covenants in the Bond Indenture. Delinquent installments that are not collected by the
Consultant shall not be charged Subsequent Foreclosure Service Fees.
Consultant understands and agrees that consultant shall be responsible for paying the Law
Offices of Owen, Bradley and Bartram for the basic legal services as described in the tables
footnotes at the rates specified in Exhibit B Section 4A. The City agrees to reimburse
consultant for said amounts after said amounts have been collected from the appropriate
property owners.
~
-5- 7./ 02~
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12. Materials Reimbursement Arrangement:
For the cost of our of pocket expenses incurred by Consultant in the performance of services
herein required, City shall pay consultant at the rates or amounts set forth below:
( ) None, the compensation includes all costs.
Cost or Rate
( ) Reports, not to exceed $_:
(X) Copies, not to exceed $_: $0.06 per copy
(X) Travel, not to exceed $_: at cost
( ) Printing, not to exceed $_: -
(X) Postage, not to exceed $_: at cost
( ) Delivery, not to exceed $_: -
(X) Long Distance Telephone Charges, not to exceed $_: at cost
(X) Other Actual Identifiable Direct costs: (I) at cost
(1) Purchase of assessor's parcel maps, county data tapes,
production & mailing notices, preparation of assessment
diagrams or boundary maps.
13. Contract Administrators:
City: Frank Rivera, Civil Engineer, or Veronica Roble, Accountant, Public
Services Building, 276 Fourth Avenue, Chula Vista, CA 91910,
(619) 691-5266.
Consultant: Frank Fannon, Associate Director, MuniFinancial, 28765 Single Oak Dr.,
Suite 200, Temecula, CA 92590, 1-800-755-6864.
14. Liquidated Damages Rate: None
( ) $_perday.
( ) Other:
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of
Interest Code:
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
( ) Category No.1. Investments and sources of income.
( ) Category No.2. Investments in real property.
( ) Category No.3. Investments, interest in real property and sources of income
subject to the regulatory, permit or licensing authority of the department.
-6- 7~ oZt
. ---.--------..-.-...
( ) Category No.4. Investments in business entities and sources of income
which engage in land development, construction or the acquisition or sale of
real property.
( ) Category No.5. Investments in business entities and sources of income of
the type which, within the past two years, have contracted with the City of
Chula Vista (Redevelopment Agency) to provide services, supplies, materials,
machinery or equipment.
( ) Category No.6. Investments in business entities and sources of income of
the type which, within the past two years, have contracted with the designated
employee's department to provide services, supplies, materials, machinery or
equipment.
() Category No.7. Business positions.
( ) List ·Consultant Associates· interests in real property within 2 radical miles of
Project Property, if any:
16. Real Estate Broker: Not Applicable
17. Permitted Subconsultants: Law Offices of Owen, Bradley & Bartram, 135 W. Rialto Ave.,
Rialto, CA 92376; Phone: (909) 874-2390; Fax: (909) 874-8873.
18. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
( ) Monthly
( ) Quarterly
(X) Annually, for annual base fee.
(X) Other: As services are rendered per paragraph lID of Exhibit A.
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
( ) End of the Month
(X) Other: As services are rendered per paragraph lID of Exhibit A.
(X) First of January for annual base fee.
C. City's Account Number: nla (payment from delinquent parcels.)
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,...._..----_._.--~~-_..- ---..-- --.-...--- -----_..._--._,._.._---~"'-
19. Security for Performance:
( ) Performance Bond, $_
( ) Letter of Credit, $_
( ) Other Security:
Type:
Amount: $
( ) Retention. If this space is checked, then now withstanding other provisions to the
contrary requiring the payment of compensation to the Consultant sooner, the City
shall be entitled to retain, at their option, with the following "Retention Percentage"
or "Retention Amount" until the City determines that the Retention Release Event,
listed below, has occurred:
( ) Retention Percentage: _ %
( ) Retention Amount: $
Retention Release Event:
( ) Completion of all Consultant Services
( ) Other:
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Agreement between
City of Chula Vista
and
The Law Offices of Owen, Bradley & Bartram
for Assessment District
Judicial Foreclosure Services
This agreement dated December 20, 1997, for the purposes of reference only, and effective
as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph
1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City),
whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the
attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A,
paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A,
paragraph 6 ("Consultant"), and is made with reference to the following facts:
Recitals
Whereas, the City has formed Assessment Districts pursuant to the Municipal Improvement
Act of 1913 to impose assessments on benefiting properties to finance the construction of various
public improvements; and
Whereas, limited obligation bonds were issued to fund the unpaid assessments pursuant to
the Improvement Bond Act of 1915, and,
Whereas, the City must begin judicial foreclosure proceedings when parcels become
delinquent on their assessment installment; and,
Whereas, Consultant warrants and represents that they are experienced and staffed in a
manner such that they are and can prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the terms and conditions of this
Agreement.
(End of Recitals. Next Page starts Obligatory Provisions.)
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Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually
agree as follows:
1. Consultant's Duties:
A. General Duties:
Consultant shall perform all of the services described on the attached Exhibit A, Paragraph
7, entitled "General Duties"; and,
B. Scope of Work and Schedule:
In the process of performing and delivering said "General Duties", Consultant shall also
perform all of the services described in Exhibit A, Paragraph 8, entitled "Scope of Work and
Schedule", not inconsistent with the General Duties, according to, and within the time frames
set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in
Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of
this agreement. The General Duties and the work and deliverables required in the Scope of
Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete
the Defined Services by the times indicated does not, except at the option of the City, operate
to terminate this Agreement.
C. Reductions in Scope of Work:
City may independently, or upon request from Consultant, from time to time reduce the
Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City
and Consultant agree to meet in good faith and confer for the purpose of negotiating a
corresponding reduction in the compensation associated with said reduction.
D. Additional Services:
In addition to performing the Defined Services herein set forth, City may require Consultant
to perform additional consulting services related to the Defined Services (" Additional Services"),
and upon doing so in writing, if they are within the scope of services offered by Consultant,
Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate
Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon.
All compensation for Additional Services shall be paid monthly as billed.
-2- 7-30
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E. Standard of Care:
Consultant, in peñorming any Services under this agreement, whether Defined Services or
Additional Services, shall perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions
and in similar locations.
F. Insurance:
Consultant represents that it and its agents, staff and subconsultants employed by it in
connection with the Services required to be rendered, are protected against the risk of loss by
the following insurance coverages, in the following categories, and to the limits specified,
policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V"
or better, or shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage
in the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile Insurance coverage
in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to
each project away from premises owned or rented by Consultant, which names City and
Applicant as an Additional Insured, and which is primary to any policy which the City may
otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant
in the same manner as members of the general public ("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless
Errors and Omissions coverage is included in the General Liability policy.
G. Proof of Insurance Coverage:
(1) Certificates of Insurance:
Consultant shall demonstrate proof of coverage herein required, prior to the
commencement of services required under this Agreement, by delivery of Certificates of
Insurance demonstrating same, and further indicating that the policies may not be canceled
without at least thirty (30) days written notice to the Additional Insured.
(2) Policy Endorsements Required:
In order to demonstrate the Additional Insured Coverage, Primary Coverage and
Cross-liability Coverage required under Consultant's Commercial General Liability Insurance
Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which
shall be reviewed and approved by the Risk Manager.
-3- 7~31
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H. Security for Performance:
(1) Performance Bond:
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide
a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding
the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a
performance bond by a surety and in a form and amount satisfactory to the Risk Manager or
City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond",
in said Paragraph 19, Exhibit A.
(2) Letter of Credit:
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide
a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding
the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an
irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the
bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms
of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount
satisfactory to the Risk Manager or City Attorney which amount is indicated in the space
adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A.
(3) Other Security:
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide
security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled "Other Security"), then
Consultant shall provide to the City such other security therein listed in a form and amount
satisfactory to the Risk Manager or City Attorney.
I. Business License:
Consultant agrees to obtain a business license from the City and to otherwise comply with
Title 5 of the Chula Vista Municipal Code.
2. Duties of the City:
A. Consultation and Cooperation:
City shall regularly consult the Consultant for the purpose of reviewing the progress of the
Defined Services and Schedule therein contained, and to provide direction and guidance to
achieve the objectives of this agreement. The City shall permit access to its office facilities,
fIles and records by Consultant throughout the term of the agreement. In addition thereto, City
agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph
-4- 7~32
...-.....-....-----.--...-- .. "----.-...-.-. ---------~_.._-.__.-.----.
10, and with the further understanding that delay in the provision of these materials beyond 30
days after authorization to proceed, shall constitute a basis for the justifiable delay in the
Consultant's performance of this agreement.
B. Compensation:
Upon receipt of a properly prepared billing from Consultant submitted to MuniFinancial Inc.
periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than
monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate
Consultant for all services rendered by Consultant according to the terms and conditions set forth
in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by
a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set
forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses
as provided in Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient information as to the propriety
of the billing to permit the City to evaluate that the amount due and payable thereunder is
proper, and shall specifically contain the City's account number indicated on Exhibit A,
Paragraph 18 (C) to be charged upon making such payment.
3. Administration of Contract:
Each party designates the individuals ("Contract Administrators") indicated on Exhibit A,
Paragraph 13, as said party's contract administrator who is authorized by said party to represent
them in the routine administration of this agreement.
4. Term:
This Agreement shall terminate when the Parties have complied with all executory provisions
hereof.
5. Liquidated Damages:
The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A,
Paragraph 14.
It is acknowledged by both parties that time is of the essence in the completion of this
Agreement. It is difficult to estimate the amount of damages resulting from delay in per-
formance. The parties have used their judgment to arrive at a reasonable amount to compensate
for delay.
Failure to complete the Defined Services within the allotted time period specified in this
Agreement shall result in the following penalty: For each consecutive calendar day in excess
of the time specified for the completion of the respective work assignment or Deliverable, the
consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated
Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate").
-5- 7-JJ
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Time extensions for delays beyond the consultant's control, other than delays caused by the
City, shall be requested in writing to the City's Contract Administrator, or designee, prior to
the expiration of the specified time. Extensions of time, when granted, will be based upon the
effect of delays to the work and will not be granted for delays to minor portions of work unless
it can be shown that such delays did or will delay the progress of the work.
6. Financial Interests of Consultant:
A. Consultant is Designated as an FPPC Filer:
If Consultant is designated on Exhibit A, Paragraph IS, as an "FPPC filer", Consultant is
deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph 15
of Exhibit A, or if none are specified, then as determined by the City Attorney.
B. Decline to Participate:
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make,
or participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a
fmanciaI interest other than the compensation promised by this Agreement.
C. Search to Determine Economic Interests:
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and
represents that Consultant has diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations promulgated by the Fair Political
Practices Commission, and has determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with Consultant's duties under this
agreement.
D. Promise Not to Acquire Conflicting Interests:
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant will not acquire, obtain, or assume an economic interest
during the term of this Agreement which would constitute a conflict of interest as prohibited by
the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests:
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant will immediately advise the City Attorney of City if
Consultant learns of an economic interest of Consultant's which may result in a conflict of
interest for the purpose of the Fair Political Practices Act, and regulations promulgated
thereunder.
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F. Specific Warranties Against Economic Interests:
Consultant warrants and represents that neither Consultant, nor Consultant's immediate
family members, nor Consultant's employees or agents ("Consultant Associates") presently have
any interest, directly or indirectly, whatsoever in any property which may be the subject matter
of the Defined Services, or in any property within 2 radial miles from the exterior boundaries
of any property which may be the subject matter of the Defined Services, ("Prohibited
Interest"), other than as listed in Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates in connection with Consultant's performance of this Agreement.
Consultant promises to advise City of any such promise that may be made during the Term of
this Agreement, or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest
within the Term of this Agreement, or for 12 months after the expiration of this Agreement,
except with the written permission of City.
Consultant may not conduct or solicit any business for any party to this Agreement, or for
any third party which may be in conflict with Consultant's responsibilities under this
Agreement, except with the written permission of City.
7. Hold Harmless:
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability, cost and
expense (including without limitation attorneys' fees) arising out of the conduct of the
Consultant, or any agent or employee, subcontractors, or others in connection with the execution
of the work covered by this Agreement, except only for those claims arising from the sole
negligence or sole willful conduct of the City, its officers, or employees. Consultant's
indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred
by the City, its officers, agents, or employees in defending against such claims, whether the
same proceed to judgment or not. Further, Consultant at its own expense shall, upon written
request by the City, defend any such suit or action brought against the City, its officers, agents,
or employees. Consultants' indemnification of City shall not be limited by any prior or
subsequent declaration by the Consultant.
8. Termination of Agreement for Cause:
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right to terminate
this Agreement by giving written notice to Consultant of such termination and specifying the
effective date thereof at least five (5) days before the effective date of such termination. In that
event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and
-7- 7~3S'
-_.-..~ "--_.._._- -.._----~--~
other materials prepared by Consultant shall, at the option of the City, become the property of
the City, and Consultant shall be entitled to receive just and equitable compensation for any
work satisfactorily completed on such documents and other materials up to the effective date of
Notice of Termination, not to exceed the amounts payable hereunder, and less any damages
caused City by Consultant's breach.
9. Errors and Omissions:
In the event that the City Administrator determines that the Consultants' negligence, errors,
or omissions in the performance of work under this Agreement has resulted in expense to City
greater than would have resulted if there were no such negligence, errors, omissions, Consultant
shall reimburse City for any additional expenses incurred by the City. Nothing herein is
intended to limit City's rights under other provisions of this agreement.
10. Termination of Agreement for Convenience of City:
City may terminate this Agreement at any time and for any reason, by giving specific written
notice to Consultant of such termination and specifying the effective date thereof, at least thirty
(30) days before the effective date of such termination. In that event, all finished and unfinished
documents and other materials described hereinabove shall, at the option of the City, become
City's sole and exclusive property. If the Agreement is terminated by City as provided in this
paragraph, Consultant shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials to the effective date of such
termination. Consultant hereby expressly waives any and all claims for damages or compensation
arising under this Agreement except as set forth herein.
11. Assignability:
The services of Consultant are personal to the City, and Consultant shall not assign any
interest in this Agreement, and shall not transfer any interest in the same (whether by assignment
or novation), without prior written consent of City. City hereby consents to the assignment
of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the
subconsultants identified thereat as "Permitted Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material:
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems
and any other materials or properties produced under this Agreement shall be the sole and
exclusive property of City. No such materials or properties produced in whole or in part under
this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the
United States or in any other country without the express written consent of City. City shall
have unrestricted authority to publish, disclose (except as may be limited by the provisions of
the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part,
any such reports, studies, data, statistics, forms or other materials or properties produced under
this Agreement.
-8- 7-36
_,.__.~ _..._n_.'" . -- ,-~ --------~---
13. Independent Consultant:
City is interested only in the results obtained and Consultant shall perform as an independent
Consultant with sole control of the manner and means of performing the services required under
this Agreement. City maintains the right only to reject or accept Consultant's work products.
Consultant and any of the Consultant's agents, employees or representatives are, for all purposes
under this Agreement, an independent Consultant and shall not be deemed to be an employee
of City, and none of them shall be entitled to any benefits to which City employees are entitled
including but not limited to, overtime, retirement benefits, worker's compensation benefits,
injury leave or other leave benefits. Therefore, City will not withhold state or federal income
tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for
the payment of same and shall hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures:
No suit or arbitration shall be brought arising out of this agreement, against the City unless
a claim has first been presented in writing and filed with the City and acted upon by the City
in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code,
as same may from time to time be amended, the provisions of which are incorporated by this
reference as if fully set forth herein, and such policies and procedures used by the City in the
implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees:
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the
claim, including costs and attorney's fees.
16. Statement of Costs:
In the event that Consultant prepares a report or document, or participates in the preparation
of a report or document in performing the Defined Services, Consultant shall include, or cause
the inclusion of, in said report or document, a statement of the numbers and cost in dollar
amounts of all contracts and subcontracts relating to the preparation of the report or document.
17. Miscellaneous:
A. Consultant not authorized to Represent City:
Unless specifically authorized in writing by City, Consultant shall have no authority to
act as City's agent to bind City to any contractual agreements whatsoever, except for payment
plans with delinquent property owners entered into with the consent of the City.
-9- 7-- 37
_____ ___~~_____~..____.._ _____"._.._________ _________n_._.
B. Consultant is Real Estate Broker and/or Salesman:
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals
islare licensed with the State of California or some other state as a licensed real estate broker
or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals
are licensed real estate brokers or salespersons.
C. Notices:
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall
be deemed to have been properly given or served if personally served or deposited in the United
States mail, addressed to such party, postage prepaid, registered or certified, with return receipt
requested, at the addresses identified herein as the places of business for each of the designated
parties. Notices may also be given by facsimile at the fax numbers for the parties specified in
exhibit A.
D. Entire Agreement:
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the
subject matter hereof. Neither this Agreement nor any provision hereof may be amended,
modified, waived or discharged except by an instrument in writing executed by the party against
which enforcement of such amendment, waiver or discharge is sought.
E. Capa~ity of Parties:
Each signatory and party hereto hereby warrants and represents to the other party that it has
legal authority and capacity and direction from its principal to enter into this Agreement, and
that all resolutions or other actions have been taken so as to enable it to enter into this
Agreement.
F. Governing LawIVenue:
This Agreement shall be governed by and construed in accordance with the laws of the
State of California. Any action arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, State of California, and if applicable,
the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and
peñormance hereunder, shall be the City of Chula Vista.
[end of page. next page is signature page.]
-10- 7~3Y
__________._.~_~..._ __.__._,.~ __ ______...___m·__~___..__
Signature Page
to
Agreement between City of Chula Vista and
The Law Offices of Owen, Bradley & Bartram
for Assessment District Judicial Foreclosure Services
IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby
indicating that they have read and understood same, and indicate their full and complete consent
to its terms:
Dated: , 1997 City of Chula Vista
By:
Shirley A. Horton, Mayor
Attest:
Beverly Authelet, City Clerk
Approved as to form:
~~-~-~
John M. Kaheny, City Atto ey
),^ / / 111- The Law Offices of Owen, Bradley & Bartram
Dated: " /( {<¿~"', u."- / 7
,
/7j¿ 4 /
By: /1'r.1il;r /Zjt<£",-
,
Robert A. Owen, Attorney at Law
Exhibit List to Agreement
(X) Exhibit A
(X) Exhibit B
-11- 7/3;
. .__..__._-_.__.._----_.--~--- ----~~
-"- -- ..
Exhibit A
to
Agreement between City of Chula Vista
and
The Law Offices of Owen, Bradley & Bartram
1. Effective Date of Agreement: December 20, 1997.
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of California
( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the
State of California
( ) Industrial Development Authority of the City of Chula Vista, a
( ) Other: ,a [insert business form]
3. Place of Business for City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Phone: (619) 691-5266
Fax: (619) 691-5171
4. Consultant:
Law Offices of Owen, Bradley & Bartram
5. Business Form of Consultant:
(X) Sole Proprietorship
( ) Partnership
( ) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
135 West Rialto Avenue
Rialto, CA 92376
Phone: (909) 874-2390
Fax: (909) 874-8873
-1- /-' fo
-- - ~---~.__.._,.,._--_."- .. -0-___ __ ._________.___.'_.___.___,..._
7. General Duties:
The consultant will be responsible for providing judicial foreclosure services as requested
by the City of delinquent installment payments that have not been collected by MuniFinancial
Inc. for any assessment district within the City of Chula for tax years 1997-1998, 1998-1999,
1999-2000 and all previous years in accordance with what the City has covenanted in the Bond
Indenture for each assessment district.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
(1) The consultant will provide timely bi-monthly status reports of delinquent parcels
to the City.
(2) While still acting pursuant to covenants the City has in the Bond Indenture, the
consultant will be responsible for negotiating a repayment schedule as city map
approve with the delinquent property owner to avoid foreclosure, if this is
acceptable to the property owner.
(3) Upon authorization for the City, and pursuant to the City's covenants in the each
district's Bond Indenture, the consultant will be responsible for initiating and
prosecuting judicial foreclosure proceedings against all delinquent parcels owners
who have not corrected their delinquency.
(4) The consultant will provide copies of all correspondence with delinquent property
owners and ensure all payments are made payable to the City.
B. Date for Commencement of Consultant Services:
(X) Same as effective date of Agreement.
( ) Other: Upon written notice from the City to commence work.
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1: as specified in each existing Assessment District's Bond Indenture,
unless, with respect to 1996/1997 and prior year delinquencies
which are, on the effective date of this agreement, still
outstanding, the time limits therefore are as soon as is reasonably
possible by consultant.
D. Date for completion of Consultant services:
That date when all delinquent parcels assigned to the consultant have been resolved or
upon notification from City of contract termination.
-2- 7/1/
----~--~~
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance: $1,000,000
(X) Employer's Liability Insurance coverage: $1,000,000
(X) Commercial General Liability Insurance: $1,000,000
( ) Errors and Omissions Insurance:
10. Materials Required to be Supplied by City to Consultant:
The City will furnish the consultant with the following documents and information:
A. Dates the Bonds in each existing district were issued (the closing dates).
B. Dated dates of the bonds in each existing district.
C. Beginning years of debt service and initial interest rates on the bonds.
D. Last years of dept service and final interest rates on the bonds.
E. Copies of the following resolutions for each of the districts:
1. Confirming the assessments and ordering construction of the improvements.
2. Authorizing issuance of the bonds and approving the terms thereof.
3. Authorizing the foreclosure actions.
4. Authorizing the execution of this agreement.
F. Bond Indenture Documents.
11. Compensation:
A. ( ) Single fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required, City shall
pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set
forth below:
Single Fixed Fee Amount: , payable as follows:
MilestonelEventlDeliverab]e Amount or Percent of Fixed Fee
B. ( ) Phased Fixed Fee Arrangement
For the performance of each phase or portion of the Defmed Services by Consultant as are
separately identified below, City shall pay the fixed fee associated with each phase of Services,
in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not
commence Services under any Phase, and shall not be entitled to the compensation for a Phase,
un]ess City shall have issued a notice to proceed to Consu]tant as to said Phase.
Phase Fee for Said Phase
1. $
2. $
3. $
-3- 7-if2
-. ._.~ .·"__"__m__~..'._.,
C. ( ) Hourly Rate Arrangement
For performance of all of the Defined Services by Consultant as herein required,
MuniFinancial shall pay Consultant for the productive hours of time spent by Consultant in the
performance of said Service, at the rates or amounts set forth in the Rate Schedule hereinbelow
according to the following terms and conditions:
(I) ( ) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of
said Maximum Compensation amount, Consultant agrees that Consultant will perform all
of the defined Services herein required of Consultant for $ including all
Materials, and other "reimbursables" ("Maximum Compensation").
(2) ( ) Limitation without Further Authorization on Time and Materials
Arrangement.
At such time as consultant shall have incurred time and materials equal to
(" Authorization Limit"), Consultant shall not be entitled to any additional
compensation without further authorization issued in writing and approved by the City.
Nothing herein shall preclude Consultant form providing additional Services at
Consultant's own cost and expense.
Rate Schedule
Category of Employee Hourly
of Consultant Name Rate
-
-
-
-
( ) Hourly rates may increase by 6% for services render after [month], 19 , if delay
in providing services is caused by City.
D. ( ) Other, Piece-meal.
The consultnat understands and agrees that MuniFinancial Inc. be responsible for paying the
consultant for Basic Legal Services as described in the table's footnotes, and will be billed at the
following flat rate amounts specified in Exhibit B Section 4A.
12. Materials Reimbursement Arrangement:
For the cost of out of pocket expenses incurred by Consultant in the performance of services
herein required, MuniFinancial Inc. shall pay consultant at the rates or amounts set forth below:
-4- 7-'13
__ _,____n._ --- --~._---_._--_.--..
( ) None, the compensation includes all costs.
Cost or Rate
( ) Reports, not to exceed $_: -
( ) Copies, not to exceed $_: -
( ) Travel, not to exceed $_: -
( ) Printing, not to exceed $_: -
(X) Postage, not to exceed $_: at cost
(X) Delivery, not to exceed $_: at cost
( ) Long Distance Telephone Charges, not to exceed $_: -
(X) Process Servers' fees: at cost
(X) Court costs at cost
(X) Title reports at cost
(X) Litigation guarantees at cost
(X) Legal research at cost
13. Contract Administrators:
City: Frank Rivera, Civil Engineer, or Veronica Roble, Accountant, Public
Services Building, 276 Fourth Avenue, Chula Vista, CA 91910,
(619) 691-5266.
Consultant: Robert A. Owen, Attorney at Law, Law Offices of Owen, Bradley &
Bartram, 135 West Rialto Avenue, Rialto, CA 92376, (909) 874-2390.
14. Liquidated Damages Rate: None
( ) $_perday.
( ) Other:
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of
Interest Code:
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
( ) Category No.1. Investments and sources of income.
( ) Category No.2. Investments in real property.
- ( ) Category No.3. Investments, interest in real property and sources of income
subject to the regulatory, permit or licensing authority of the department.
( ) Category No.4. Investments in business entities and sources of income
which engage in land development, construction or the acquisition or sale of
real property.
-5- 7- Lj '/
" -- ---.... ----~--_...~_...-_.,
( ) Category No.5. Investments in business entities and sources of income of
the type which, within the past two years, have contracted with the City of
Chula Vista (Redevelopment Agency) to provide services, supplies, materials,
machinery or equipment.
( ) Category No.6. Investments in business entities and sources of income of
the type which, within the past two years, have contracted with the designated
employee's department to provide services, supplies, materials, machinery or
equipment.
( ) Category No.7. Business positions.
( ) List "Consultant Associates· interests in real property within 2 radical miles of
Project Property, if any:
16. Real Estate Broker: Not Applicable
17. Permitted Subconsultants: None
18. Bill Processing:
A. Consultant's Billing to be submitted to MuniFinancial Inc. for the following period of
time:
( ) Monthly
( ) Quarterly
(X) Other: As services are rendered per Section 4A of Exhibit B.
B. Day of the Period for submission of Consultant's Billing to MuniFinancial Inc.:
( ) First of the Month
( ) 15th Day of each Month
( ) End of the Month
(X) Other: As services are rendered per Section 4A of Exhibit B.
C. City's Account Number: nla (payment from delinquent parcels.)
19. Security for Performance:
( ) Performance Bond, $_
( ) Letter of Credit, $_
( ) Other Security:
Type:
Amount: $
-6- 7-r5
""'-----..--. --~._- ----- ~ ',-..- - ----.- -- -----.---.-....,..
( ) Retention. If this space is checked, then now withstanding other provisions to the
contrary requiring the payment of compensation to the Consultant sooner, the City
shall be entitled to retain, at their option, with the following "Retention Percentage"
or "Retention Amount" until the City determines that the Retention Release Event,
listed below, has occurred:
( ) Retention Percentage: _ %
( ) Retention Amount: $
Retention Release Event:
( ) Completion of all Consultant Services
( ) Other:
-7- 7~1JfÍ;
---------- --...---..------------..-
Exhibit B
Agreement between
MuniFinancial Inc.
and
The Law Offices of Owen, Bradley & Bartram
[End of page. Next page is agreement.]
7/¥?
.-----..-----.......-
\.....
AGREEMENT FOR PROFESSI ~
SERVICES BY AND EN,f.if: p:
MUNI FINANCIAL INC.'~
OWEN, BRADLEY & BARTRAM iJJ·ct~'
~
/C TIllS AGREEMENT ("Agreement") is entered . rt:J... ..~ !
JAJ¡)AR.j, 1991by and between Muni Financial Inc., a California .
corporation ("MUNI") and Owen, Bradley & Bartram ("COUNSEL").
RECITALS
\VHEREAS, MUNI has entered certain agreements with various cities
("CITY AGREEMENTS") which have previously conducted proceedings for the
formation of various community facilities districts and/or assessment districts
("DISTRICTS"), and previously issued limited obligation improvement bonds
and/or special tax bonds ("BONDS"), payment on which is secured by the special
taxes or special assessments levied with the DISTRICTS; and
\VHEREAS, under its CITY AGREEMENTS, MUNI is obligated to
provide certain administrative services in connection with the administration of the
DISTRICTS, including the retention of legal counsel on behalf of such cities to
prosecute judicial foreclosure actions as contemplated herein; and
\VHEREAS, certain property owners have become delinquent on the
payment of special tax or special assessment installments levied within the
DISTRICTS; and
\VHEREAS, in keeping with certain covenants made in connection with the
issuance of the BONDS,· said cities are desirous of instituting legal actions to
judicially foreclose on the parcels represented by such delinquencies in accordance
with Streets & Highways Code §8830 and Government Code §53356.1, as
appropriate; and
\VHEREAS, said cities have, by resolution, ordered, or will order or ratify
after the approval of this Agreement, the institution of such actions to enforce the
remedies of the CITY, for the benefit of the owners of the BONDS, regarding
delinquent special taxes and delinquent special assessments within the DISTRICTS;
and
1 7~l<16
__.h __,^_ _._-,--~_._..._._.,---_..,-- -
WHEREAS, MUNI and CITY are desirous of retaining the services of
COUNSEL for purposes of instituting such actions.
NOW, THEREFORE, THE PARTIES DO HEREBY MUTUALLY
AGREE AS FOLLOWS:
SECTION 1. CONDITIONS
This Agreement will not take effect, and COUNSEL will have no obligation
to provide legal services, until MUNI returns an executed copy of this Agreement
to COUNSEL, properly obtains authority from each subject city (referred to
individually as "CITY") to retain COUNSEL pursuant to the terms of this
Agreement, and provides copies of all pertinent BOND transcripts, written evidence
of the amount of all delinquencies to be sued upon, written evidence that such
delinquent installments have been properly removed from the county tax rolls and
written authorization to proceed. MUUNI warrants and promises that it will, with
regard to each CITY to be represented by COUNSEL pursuant to this Agreement,
obtain proper authority for COUNSEL'S retention prior to instructing COUNSEL
to proceed.
SECTION 2. SCOPE OF SERVICES
Upon receipt of the items specified in Section 1 above, COUNSEL shall
review all records of delinquencies, appropriate BOND documents, and evidence
of removal of such delinquencies from the COUNTY tax roll, each of which are to
be provided to COUNSEL by CITY and/or MÙN1, and thereafter, upon instruction
from a public official of the CITY and/or MUNI, shall provide all owners of
property represented by delinquent special taxes and/or delinquent special
assessments, (as such ownership is shown on the last equalized assessment roll or as
otherwise known to COUNSEL), with written notice, mailed first class, postage
prepaid, that proceedings in judicial foreclosure are being commenced. It is
understood that such a mailing is not legally required and that any failure to mail, or
irregularity in such notice, shall not affect the validity of any other actions taken by
COUNSEL or CITY in legal proceedings relating to the delinquencies. COUNSEL
shall also proceed to order and receive informal title reports and/or litigation
guarantees and, if such parcels are not cured immediately, thereupon prepare
complaints and related documentation pertaining to the legal proceedings in judicial
foreclosure in the appropriate superior court for the collection of delinquent special
taxes and/or delinquent special assessments within the DISTRICTS. COUNSEL
2 7~L(9
-,---- __.~_..__,_._._._'_._'m
shall perfonn all legal services necessary to complete said actions, unless directed
otherwise by CITY and/or MUNI. In the event that special taxes and/or special
assessments not yet due become delinquent in the future, COUNSEL shall perfonn
such services to collect such future delinquencies upon receipt of a Notice to
Proceed from a public official of the CITY and/or MUNI. To the extent that CITY
has already commenced any foreclosure actions and wishes to substitute COUNSEL
as attorney of record in any case(s), COUNSEL shall not be responsible for the
actions of prior counsel. Unless CITY and COUNSEL, or MUNI and COUNSEL,
make a different agreement in writing, this Agreement will govern all future
services COUNSEL may perfonn for CITY.
Under the tenns of this Agreement. COUNSEL is not obJigated to provide.
and wiJI not provide. r~resentation in any matter subiect to the ;U;i~d~ction f: any
United States Bankruptcy Court or any other federal court if an e e dant ould
remove anv case from the superior court. Accordingly, in the event that any owner
of property being foreclosed, or the property being foreclosed, becomes subject to
the jurisdiction of any United States Bankruptcy Court or other federal court, CITY
will make different arrangements for it's representation in such court and
COUNSEL shall have no obligations with respect thereto.
SECTION 3. CITY'S AND MUNI'S DUTIES
CITY and MUNI shall cooperate with COUNSEL, keep COUNSEL
infonned of developments (specifically including attempts by property owners or
others to pay delinquencies directly to MUNI or CITY.. which should not be
accepted by MUNI or CITY without prior notification to COUNSEL), to abide by
this Agreement, to pay COUNSEL's bills on time, and to provide COUNSEL with
any necessary infonnation in a timely manner.
SECTION 4. LEGAL FEES AND BILLING PRACTICES
A. Fees for Basic Legal Services
The following "Basic Legal Services," as described in the following table's
footnotes, will be billed at the following flat rate amounts for each specified task:
3 7-50
----'------..--..-,..'.",....-- -
Service 1 Parcel/1 1 Parcel/Multiole Multiole Parcels/ Multiole
Descriotion District Districts' 1 District Parcels/MultiDle
per Owner Districts
Demand Letter' $150 $150 + $75 per $150 + $75 per $150 + $75 per
additional district additional parcel additional district +
$75 per additional
parcel
Pre-Complaint $50 $50 + $25 per $50 + $5 per $50 + $25 per
Pay-off Letter' additional district additional parcel additional district +
$5 per additional
parcel
Post-Complaint $150 $150 + $25 per $150 + $25 per $150 + $25 per
Pay-off Letter" additional district additional parcel additional district +
$25 per additional
parcel
Stipulated $150 + $50 per $150 + $50 per $150 + $50 per $150 + $50 per
Payment Plan installment installment +$25 installment + $5 installment + $25
(assumes no per additional per additional per additional
action fried; timely district parcel district + S5 per
payments)' additional parcel
Complaint, $300 $300 + $200 per $300 +$50 per $300 + plus $200
Summons, Lis additional district additional parcel per additional
Pendens' district + S50 per
additional parcel
1 Includes review of bond transcript:, setting up file and preparation and mailing of letter advising property owner (as
shown on tax ral!) that this finn has been retained to foreclose. Also includes processing and accounting for payments received
in direct response to letter.
2 Includes receipt of request for payoff amount, researching case, preparation and mailing of payoff letter (only
delinquent amounts- not prepayment letters). Also includes processing and accounting for payments received in direct response
to letter.
3 Includes same as No.2 above.
4 Includes receipt of request, researching case, calculating amounts owing and amortizing of payments, preparing
Stipulation, correspondence to obtain execution of Stipulation and ongoing administration of payment plan, forwarding all
installments to City with cover letters explaining status of each payment.
5 Includes drafting, copying and preparing for filing, the Summons, Complaint, Lis Pendens and any Certificates
required by local rules to be flIed concurrently. Also includes preparation of Lis Pendens for recordation and certified mailing of
Lis Pendens. Filing, recording and service of process are billed separately as a cost item, as such items are perfonned by an
outside attorney service.
4 7--:57
,
I,:
--"" -,---~---_._----_.
Service 1 Parcel11 1 ParcellMultiole Multiole Parcelsf Multiole
Descriotion District Districts 1 District ParcelsfMultiDle
per Owner Districts
Stipulated $200 + $50 per $200 + $50 per $200 + $50 per $200 + $50 per
Payment Plan installment installment + $25 installment +$25 installment + $25
(assumes action per additional per additional per additional
filed - 6 district parcel district + $25 per
installments or additional parcel
less; timely
payments)"
Entry of Default' $50 $50 + $25 per $50 + $25 per $50 + $25 per
additional district additional parcei additional district +
$25 per additional
parcel
Request for Entry $100 $100 + $50 per $100 + $50 per $100 + $50 per
of additional district additional parcel additional district +
DismissallWithdra $50 per additional
wal of Lis parcel
Pendens'
Disclaimer of $50 $50 + $25 per $50 + $25 per $50 + $25 per
Interest" additional district additional parcel additional district +
$25 per additional
parcel
6 Includes receipt of request. researching case, calculating amounts owing and amortizing of payments, preparing
Stipulation, correspondence to obtain execution of Stipulation and ongoing administration of payment plan, forwarding a1l
installments to City with cover letters explaining status of each payment.
7 Includes review of file, preparation and sending out for filing of Request to Etner Default.
8 Includes review of fiJe, confinnation that case paid in full, or that defendants disclaimer is filed, drafting and
preparing for tiling a Request for Dismissal (panial or complete), and drafting and preparing for recordation a Withdrawal of Lis
Pendens (partial or complete).
9 Includes drafting and providing to defendant(s) for execution, a Disclaimer of Interest fonn, and forwarding same for
filing.
5
7-~J-
I!i
. __.n ___ ....n _ _,____ ._______...._
Service 1 Parcel/1 1 Parcel/Multiole Multiole Parcels/ Multiole
DescriDtion District Districts 1 District Parcels/Multiole
per Owner Districts
Order for $450 $450 + $50 per $450 + $50 per $450 + $50 per
Publication of additional district additional parcel additional district +
Summons" $50 per additional
parcel
Order for Service $450 $450 + $50 per $450 + $50 per $450 + $50 per
of Process on additional district additional parcel addditional district
Secretary of + $50 per
State" additional parcel
Entry of Default $750 $750 + $50 per $750 + $50 per $750 + $50 per
Judgment 12 additional district additional parcel additional district +
$50 per additional
parcei (With a cap
of $2,000)
Judgment on the $3,000 $3,000 + $500 per $3,000 + $500 $3,000 + $500
Pleadings 13 additional district per additional addtiional district +
parcel $500 additional
parcel
10 Includes review of file and declarations of diligence; preparation of Application, Points and Authorities, proposed
Order, and any other documents required by local rule; filing of papers and one court appearance; receipt of signed order and
provision of same to newspaper with instructions to publish; receipt and filing of proof of publication; preparation and filing of
Proof of Service by Publication.
II Includes review of file, preparation for filing of Application, Points and Authorities and proposed Order; one court
appearance and follow up service on the Secretary of State; receipt (and/or preparation) and filing of Proof of Service on
Secretary of State.
12 Includes review of file; preparation for filing of Request to Enter Default Judgment, Points and Authorities where
required and proposed Order; dismissal of Doe defendants: return of original Summons; and filing of any necessary proofs of
service. Does not include any court appearance as some couns require an appearance and some do not.
13 Includes factual research; review of file; preparation of Motion, },"otice of Motion, Points and Authorities, Request
for Judicial Notice, and proposed Judgment and Order of Sale; one appearance on motion. Does not include additional court
appearances or extraordinary briefing required by the coun.
6
7~5Y
."_'__M_" ..------.-.-.---.."..,-
Service 1 Parcel/1 1 Parcel/Multio/e Multiole Parcels/ Multiole
Descriotion District Districts 1 District Parcels/Multiole
per Owner Districts
Summary $6,000 $6,000 + $500 per $6,000 + $500 per $6,000 + $500 per
Judgments" additional district additional parcel additional district +
$500 per additional
parcel
Uncontested $100 $100 + $50 per $100 + $50 per $100 + $50 per
Memorandum of additional district additional parcel additional district +
Costs" $50 per additional
parcel
B. Fees for Extraordinary Legal Services
All services provided by COUNSEL which are not specifically described
above are referred to herein as "Extraordinary Legal Services" and will be billed
on an hourly rate basis at the following hourly rates, depending upon the person
perfonning the work:
Attornevs:
Partner/Supervising Attorney $175/per hour
Senior Associate Attorney $165/per hour
Associate Attorney $150/per hour
Any other Associate Counsel Assisting $150/per hour
Support Staff:
Paralegal hourly rate $75/per hour
Computer Technician hourly rate $50/per hour
Title Officer hourly rate $45/per hour
Secretarial/word processing hourly rate $20/per hour
In computing fees for Extraordinary Legal Services, all time spent by
14 Includes factual research; review of file; preparation of Motion, Notice of Motion, Points and Authorities, Request
for Judicial Notice, and proposed Judgment and Order of Sale; one appearance on motion. Does not include additional court
appearances or extraordinary briefing required by the court.
15 Includes factual research regarding fees and costs, and drafting and submitting Judicial Council Form for inclusion
of attorneys fees and costs in judgment. Does not include any services related to any motion to tax costs or court appearances.
7 75(
-- --.-..---. .-.--."... ----.------.----
individuals holding the specified positions will be included at the hourly rates shown
above; provided, however, that COUNSEL reserves the right to reduce its legal fees
at any time. Unless instructed otheIWise by a public official of the CITY, COUNSEL
shall collect all such fees, as well as all principal, interest, penalties, costs, and other
amounts referred to in §8833.5 of the California Streets & Highways Code, or
§53356.5 of the California Government Code, from the property owner or other
persons redeeming any delinquent special taxes and/or delinquent special
assessments.
C. Costs and Other Charges
COUNSEL will incur various costs and expenses in perfonning legal services
under this Agreement. The costs and expenses commonly include process servers'
fees, fees fixed by law or assessed by the court and other agencies, court reporters
fees, messenger and other delivery fees, costs of obtaining title searches or litigation
guarantees, postage, legal research on the computer and other similar items. All costs
and expenses will be charged at COUNSEL's cost. CITY shall pay for these costs
and expenses in addition to the hourly fees.
SECTION 5. BILLING STATEMENTS
COUNSEL will submit Billing Statements directly to CITY in accordance with
the following:
A. Basic Legal Services and Extraordinary Legal Services:
COUNSEL works on a deferred fee basis, not a contingent fee basis. All
attorney fees from each action, whether they be on account of Basic Legal Services
or Extraordinary Legal Services, shall be billed to CITY and due and payable to
COUNSEL upon the earlier of: (I) obtaining of a judgment ordering the sale of the
property or other conclusion of the case; (ii) settlement of the action with CITY's
consent, (iii) redemption of the delinquency in full as contemplated herein, (iv) the
property becoming subject to the jurisdiction of any United States Bankruptcy Court,
or (v) the case being removed to a federal court by any defendant. Except as otherwise
provided herein upon termination of COUNSEL's services, attorney fees will not be
due and payable, or billed, prior to such times. Unless instructed otheIWise by CITY,
when an individual indicates an intent to pay any delinquency and its associated fees
and costs, whether as a full reinstatement of the property or as part of a settlement
approved by the CITY, COUNSEL will request the individual to make two checks
8 7~5~
---~~..~--_.--.-,-,.
payable as follows: one payable to the CITY for the amount of the principaL
penalties, interest, authorized administrative expenses and attorney costs already
billed to the CITY; and one payable directly to COUNSEL for the amount of the
attorney fees and costs not previously billed to CITY.
B. Costs and Expenses:
All costs and expenses incurred by COUNSEL in the performance of the
obligations imposed upon it pursuant to this Agreement shall be billed to CITY and
due and payable to COUNSEL on a monthly basis (i.e. Costs and expenses incurred
in May will be invoiced in June).
C. Payment of All Bills and Invoices:
CITY shall pay all attorney fees, costs and expenses to COUNSEL within
twenty (20) days of receipt of an invoice therefore.
SECTION 6. DISCHARGE AND WITHDRAWAL
CITY may discharge COUNSEL at any time. COUNSEL may withdraw with
CITY's consent or for good cause. When COUNSEL's services conclude, whether
by termination, withdrawal, or mutual agreement, all attorney fees, costs and expenses
not previously paid shall become immediately due and payable. After COUNSEL's
services conclude, COUNSEL will, upon CITY's request, deliver to CITY or any
individual designated by CITY, all pertinent files, along with any funds or property
of CITY's in COUNSEL's possession.
SECTION 7. DISCLAIMER OF GUARANTEE
Nothing in this Agreement and no statements by COUNSEL to MUNI or CITY
will be constnIt:d as a promise or guarantee about the outcome of any matter which
is the subject of this Agreement. COUNSEL makes no such promises or guarantees.
COUNSEL's comments about the outcome of any matter which is the subject of this
Agreement are expressions of COUNSEL's opinion only.
SECTION 8. EFFECTIVE DATE
This Agreement will take effect on the day and year first written above but its
effective date will be retroactive to the date COUNSEL first performs any services
9
7-~
-_.~..- .--..--.-..--...--~_.'--'.-.-------.--' ,-
under this Agreement with respect to the collection of delinquencies for the 1995-96
ta.,"'( year and subsequent tax years. Cases which were commenced for prior tax years
under a prior agreement will remain governed by that prior agreement despite the
addition of 1995-96 tax year delinquencies. The date at the beginning of this
Agreement is for reference only.
SECTION 9. ATTORNEY FEES
In the event of any dispute concerning the attorney fees or costs incurred
pursuant to the terms of this Agreement, the prevailing party shall be entitled to
collect its reasonable attorney fees incurred in connection with such dispute.
SECTION 10. SEVERABILITY
If any provision, phrase, clause, sentence, or paragraph of this Agreement is
determined by a court of competent jurisdiction to be void or otherwise
unenforceable, the parties agree that such provision, phrase, clause, sentence, or
paragraph of this Agreement may be severed from the balance of the Agreement and
that the balance of the Agreement shall be fully enforceable as if the provision,
phrase, clause, sentence, or paragraph of this Agreement was not included herein.
SECTION 11. INTERPRETATION
This Agreement shall be interpreted in accordance with the laws of the State
of California.
1//
/1/
1//
/1/
1//
10
7---5?
"--.-.........---..-.- _."_H .."-------~._-
WHEREFORE, THE PARTIES HAVE DULY EXECUTED THIS
AGREEMENT EFFECTIVE THE DATE FIRST HEREINABOVE WRITTEN.
OWEN, BRADLEY & BARTRAM:
By:~./f ~
Robert A. Owen
MUNI FfNJ.IAL ~
··_,fNC.
By ç~~
Harry Clark
11 7~3g.
- --- -...--- ---- ..._-_.._._------_..~----------..-----
_ ...
Memorandum
DATE: December 18, 1997
TO: The Honorable Mayor and City Council
VIA: '"!mD. Qœ" C"'M'_'['
FAOM: John P. Lippitt, Director of blic Works 1JI/
SUIJECI: Item #8 for Meeting of 1/6/98
Item #8 Public Hearing on Assessment District Number 93-01 for Alley Improvements
East of Second A venue and South of "J" Street
A. Resolution - Confirming the Engineer's Report by the City Engineer on
the Cost of Construction and Spread of Assessments
B. Resolution - Adopting a Notice of Lien to Levy and Collect Assessments
for Assessment Distrsict Number 93-01 for Alley Improvements East of
Second Avenue and South of "J" Street
The above referenced item is not ready at this time due to further consultation with the City
Attorney. This agenda item will be delivered on Tuesday, December 23, 1997.
engineerladminl93-01
¿(-o
-.--.--....--.--...-,.--...-,..
COUNCIL AGENDA STATEMENT
Item F
Meeting Date 1/06/98
ITEM TITLE: Public Hearing: On Assessment District #93-01 for alley improvements east
of Second Avenue and south of "J" Street
A Resolution /ff~confirming the Engineer's Report by the City
Engineer on the cost of construction and spread of assessments
ß. Resolution Jg~/Adopting a Notice of Lien to levy and collect
assessments
SUBMITTED BY: Drroctm of ""'Ii, W"",, ~
REVIEWED BY: City Manager0G ~ .....-= (4/Sths Vote: Yes_NoX)
The City Council accepted a petition signed by a majority of the property owners adjacent to the
alley east of Second A venue between "J" and Kearney Streets to fonn a special assessment district
for the construction of improvements to the alley. The City Council subsequently awarded the
contract to Fox Construction Company which completed the alley improvement project on October
30, 1995. The City Council adopted Resolution # 18458 on October 15, 1996 to accept filing of
the Engineer's report on the cost of construction and set the public hearing on the assessments for
November 12, 1996 at 6:00 P.M. On November 12, 1996 the City Council voted to continue this
item indefinitely until staff could review the implications of Proposition 218, the "Right to Vote
on Taxes Act", which affects Assessments, Fees and Taxes.
RECOMMENDATION: That Council open the hearing, take testimony, and close the hearing;
and if a majority of the property owners (based on their financial obligation) vote "YES", then
adopt the following resolutions:
1) Adopt a resolution confinning the Engineer's Report by the City Engineer on the
cost of construction of the alley improvements and spread of assessments;
2) Adopt a resolution for Notice of Lien to levy and collect assessments;
or, if a majority of the property owners vote "NO", then to;
1) Refer the matter to the City Attorney to explore commencing legal proceedings
against those property owners within the area of benefit that do not want to pay for
the improvements they received.
8"'-')
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Page 2, Item 'it
Meeting Date 1/06/98
PREVIOUS CITY COUNCIL RECOMMENDATION: The City Council on November 12,
1996 voted MSC (Alevy IPadilla) 4-0-1 (Horton absent) to continue this item indefinitely until staff
has a chance to look at the implications of Proposition 218 on this issue. On November 25, 1997,
the City Council voted to continue the public hearing until December 9, 1997.
DISCUSSION:
On November 23, 1993 the City Council accepted a petition signed by 11 of the 17 affected
property owners (representing 67 % of the district by financial responsibility) to form a special
assessment district (1911 Block Act) for the construction of improvements to the alley just to the
east of Second Avenue and located between J Street and Kearney Street. On May 16, 1995
Council held a public hearing and approved the formation of Assessment District 93-01, (AD 93-
01).
On July 25, 1995, Council awarded the contract for the alley improvements to Fox Construction
Company. Fox Construction completed the construction of alley improvements on October 30,
1995. A final inspection was made, all work was found to be completed in accordance with the
contract plans and specifications and to the satisfaction of the City Engineer. The one year defect
in workmanship period (11/01/95 to 10130/96) has also elapsed with no additional construction
replacement work required, therefore the improvements have now been accepted by the City
Manager.
On October 15, 1996, the City Council adopted Resolution 18458 which accepted the filing of the
Engineer's Report by the City Engineer on the cost of construction and setting November 12,
1996 at 6:00 P.M. as the date and time for a public hearing on the assessment district for the alley
improvements. Due to the November 5, 1996 passage of Proposition 218, the "Right to Vote on
Taxes Act", the City Council voted to continue the Public Hearing indefinitely until staff could
assess the proposition's impact on Assessment District 93-0l.
Assessment District Status
Staff has sent ballots out to all properties for voting in the District proceedings. As of the date
of this mailing, (Dec. 23) all the ballots have not been returned. The final outcome of the vote
will not be known until the hearing unless the remaining 3 ballots are returned in the next two
weeks.
If the ballots representing 50% +$1.00 of the district by proportion of cost are positive, then the
assessment should be levied. If the vote fails, then the matter should be referred to the City
Attorney for final action.
Construction PrQject Status
Staff has received, and the City has paid, all the contractual invoices for this project and
completed the accounting of the expenditures. If the assessments are approved by Council, the
City will be reimbursed $52,172 of the construction cost by the various property owners over a
~~cZ
...._,.....,,--"--_.._.._~.
Page 3, Item£
Meeting Date 1/06/98
lO-year period. Funds for this project, STL-220, were included in the FY95/96 budget. The one-
year maintenance and workmanship period, 11/01/95 to 10/30/96 has elapsed with no additional
work required by the contractor.
Assessment District Financing-
The improvements were financed by the City and AD 93-01 was fonned pursuant to the 1911
Block Act to obtain reimbursement for the improvement and other miscellaneous costs in
accordance with Council Policy Number 505-01. The Act is a financing mechanism which
authorizes local agencies to impose assessments on benefiting properties to fund the construction
of public improvements. The property owners have an option of paying some or all of the local
assessments with no interest or penalty during the 30 day pay-off period following confirmation
of assessments. Any portion of the assessments which are not paid during that time or are
deferred, the City will collect the unpaid balance in semiannual installments over a period of ten
(10) years at an interest rate of 7 % per annum. Property owners may pay the balance of their
assessments at any time during the ten year repayment period without penalty. Although the
original cost estimate was approximately $60.86 per lineal foot of frontage, the fmal assessment
is 28% lower or about $44.09 per lineal foot of frontage. Thus, the assessment is $2,204.90 for
the six property owners with a 50' frontage; $2,645.88 for six property owners with 60' frontage;
up to the largest assessment of $5,139.22 for 116.54' of frontage. The other four properties have
frontages of 91.55', 100', 100' & 115'. The Engineer's Report includes a table with the 17
properties located within the district boundaries and their proposed assessments.
In response to property owner's concerns, the City Council approved Resolution # 17980
(attached), establishing the criteria to qualify for deferral of the payment of their assessments to
lessen the financial impact and other financing options. Qualifying property owners who request
deferred payment and meet the criteria established by Council Resolution 17980 must enter into
a deferral agreement with the City. Staff has received one deferral request to date. The deferral
applications will be reviewed between the period of January 7 through February 6, 1998. Should
any property owner within the district meet one of the criteria provided in Resolution 17980, a
deferral agreement will be prepared and brought before City Council for approval by February
24, 1998. The property owner must meet one of the following criteria in order to qualify for a
deferral:
. Have an income of less than or equal to the HUD Very Low Income standards as
contained in the City's Master Fee Schedule.
. A demonstrated financial hardship approved by Council.
In accordance with the provisions of Chapter 13 of the Improvement Act of 1911 of the Streets
and Highways Code of the State of California any deferral of assessments shall be approved by
a Council Resolution.
15/J
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Page 4, ItemL
Meeting Date 1/06/98
RECENT ACTIONS
ACTION DATE
1. File Assessment Diagram (Completed)
a) City Clerk 3/28/95
b) County Recorder 4/04/95
2. Notice of Public Hearing to Property Owners mailed out 10/11/96
NOTICING & FUTURE ACTIONS
3. Council Meeting (11/12/96 & continued to tonight's agenda) 1/06/98
a) Public Hearing on Engineer's Report
b) Adopt Resolution Confirming Engineer's Report
c) Adopt Resolution for Notice of Lien
4. Deferral period for qualifying property owners begins 1/07/98
5. Notice of Assessment & Begin 30 day pre-payment period 1/07/98
6. End deferral period for qualifying property owners 2/06/98
7. End 30 day Pre-payment period 2/06/98
8. Council Meeting for property owners qualifying for deferrals, (if any) 2/24/98
a) Adopt Resolution approving deferral agreements
9. Due Date of First Billing* 4/10/98
*The 4/10/98 payment which is due to the City of Chula Vista's Finance Department will include the first
installment which was due on 12/10/97 and the second installment for this tax year due on 4/10/98. All subsequent
payments will be included in the property tax bill to be mailed this faIl by the County Tax Assessor's Office.
Therefore, the 12/10/98 payment will be for half of the amount which is due this 4/10/98.
All property owners within this assessment district of 17 parcels have been sent a copy of
tonight's City Council Agenda Statement, the Engineer's Report and attachments. All owners of
property within the proposed assessment district were mailed notice of the public hearing and the
estimated assessment to their properties. The assessment diagram for AD93-01 was filed in the
County Recorder's Office on April 4, 1995. Also the Public Hearing Notice was published twice
in the STAR NEWS newspaper on Saturday, November 8th and on Saturday November 22, 1997,
with the first publication being at least ten (10) days prior to the Public Hearing date.
g->y
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Page 5, ItemL
Meeting Date 1106/98
FISCAL IMPACT:
The following table contains a breakdown of all costs associated with the project:
COSTS FOR ALLEY
CIP # 600-6001-STL-220
Budgeted Contract Actual Funded
Amount Award Cost By
Construction $73,800 $53,108 $51,099 Assessment
District
*Miscellaneous $8,200 $5,392 $1,073 Assessment
(10% contingency) District
PROPERTY OWNERS' SHARE OF PROJECT $52,172 Assessment
COSTS District
**Staff $24,000 $24,000 $15,212 General Fund
Project Total $106,000 $82,500 $67,384 AD & GF
· Cost includes postage, advertising, blueprinting etc.
.- Staff costs (A Y-091) includes engineering design and inspection costs. The property owners share of the
improvements excludes the contribution by the City for staff costs as authorized by Council Policy #505-01.
As approved by the City Council, the City's General Fund has fmanced the up front cost of
constructing the improvements by appropriating $82,000 under CIP Project #STL-220 and
budgeting another $24,000 in-kind staff contribution. Through the assessment district formation
process, the City will be reimbursed the $52,172 construction costs encumbered with 7% interest
per annum over a period of ten (10) years through AD 93-01. City staff costs including
engineering design, inspection and district formation was $15,212 as an in-kind contribution.
Although $106,000 was budgeted for this project, the fInal cost was olÙY $67,384 (63.6%) of the
fund total ($52,172 + $15,212). This was accomplished due to the excellent construction bids
received and reduced staff time needed to complete this project. There is a savings of $38,616
(36.4%) ($106,000 - $67,384) in unused appropriated funds for this project. Last Fiscal Year,
$29,828 was returned to the General Fund and the remaining $8,788 set for staff time will not be
spent.
In addition to the cost summarized above, the City will maintain the concrete alley improvements.
These maintenance costs will be minimal.
~hments:
~ Engineer's Report A Resolution 17979
. Map for A.D. 93-01 . Resolution 17894
C. Payment Alternatives & Schedule H. CIP Detail STL-220
~ D. Resolution 18458 ~ 1. City Council Minutes dated 11/12/96 (Excerpt)
~ E. Resolution 17980 s- <'iiJ J. Proposition 218 Text
o K. Ballots returned by property owners
~ ~ ~ ~
/' ...!J
File, 0725-10-AD93-01 (REV. 12/23/97 2A2pm) H.IHOMEIENGINEERIAGENDAIAD93-1CC.FXR
-~..-.-.- ---.--..".,
RESOLUTION NO. /t3'S't
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA CONFIRMING THE ENGINEER'S REPORT
BY THE CITY ENGINEER ON THE COST OF
CONSTRUCTION AND SPREAD OF ASSESSMENTS
WHEREAS, the city Council accepted a petition signed by
a majority of the property owners adjacent to the alley east of
Second Avenue between "J" and Kearney Streets to form a special
assessment district for the construction of improvements to the
alley; and
WHEREAS, the City Council subsequently awarded the
contract to Fox Construction Company which completed the alley
improvement project on October 30, 1995; and
WHEREAS, the city Council adopted Resolution No. 18458 on
October 15, 1996 to accept filing of the Engineer's report on the
cost of construction and set the public hearing on the assessments
for November 12, 1996 at 6:00 P.M.; and
WHEREAS, on November 12, 1996 the city Council voted to
continue this item indefinitely until staff could review the
implications of Proposition 218, the "Right to Vote on Taxes Act",
which affects Assessments, Fees, and Taxes; and
WHEREAS, a new public hearing was set f or December 9,
1997, which allows Council to take testimony on the assessments;
and
WHEREAS, after considering all testimony, Council may set
the assessments to be levied on each parcel if a majority of the
property owners (based on their financial obligation) vote "YES".
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby confirm the Engineer's Report by
the City Engineer on the cost of construction and spread of
assessments.
Presented by Approved as to form by
~~~~
John P. Lippitt, Director of John M. Kaheny, city
Public Works Attorney
~/1/1
".~ - ".-- ~_. _.-. _.._---~-------~----
RESOLUTION NO. ) ¿f?~?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING A NOTICE OF LIEN TO LEVY
AND COLLECT ASSESSMENTS FOR ASSESSMENT
DISTRICT NO. 93-01 FOR ALLEY IMPROVEMENTS EAST
OF SECOND AVENUE AND SOUTH OF "J" STREET
WHEREAS, the improvements were financed by the city and
AD 93-01 was formed pursuant to the 1911 Block Act to obtain
reimbursement for the improvement and other miscellaneous costs in
accordance with Council Policy Number 505-01; and
WHEREAS, the Act is a financing mechanism which
authorizes local agencies to impose assessments on benefiting
properties to fund the construction of public improvements; and
WHEREAS, the property owners have an option of paying
local assessments during the 30 day pay-off period following
confirmation of assessments; and
WHEREAS, if the assessments are not paid during that time
or are deferred, the City will collect the unpaid balance in
semiannual installments over a period of ten (10) years at an
interest rate of 7% per annum; and
WHEREAS, property owners may pay the balance of their
assessments at any time during the ten year repayment period
without penalty; and
WHEREAS, although the original cost estimate was
approximately $60.86 per lineal foot of frontage, the final
assessment is 28% lower or about $44.09 per lineal foot of frontage
for a revised total assessment of $52,172.00.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby adopt a Notice of Lien to levy and
collect assessments for Assessment District No. 93-01 for alley
improvements east of Second Avenue and south of "J" Street.
Presented by Approved as to form by
CL-~~
John P. Lippitt, Director of John M. Kaheny, City
Public Works Attorney
c: \ rs\ad9301
?ß-!
I
I'
I
-.-- -,,",,-. - -- -"~--'- -_._'~-_._-~._-_._---~--
A ~+c¿c ('lnC-1'Lf Ft
.'-,1 January 31, 199~
File No. 0725-IO-AD93-01
AGENCY: City of Chula Vista
PROJECT: 1911 Block Act - AlJey Improvements from "J" Street to Kearney Street between
Elm A venue and Second A venue
TO: City Council, City of Chula Vista
SUBJECT: ENGINEER'S REPORT PURSUANT TO THE PROVISIONS OF CHAPTER
27 OF THE "IMPROVEMENT ACT OF 1911" AND SPECIFICALLY
SECTION 5882
The City Council of the City of Chula Vista, State of California, had initiated proceedings
pursuant to the provisions of Division 14, Part 2, Chapter 1 of the "Improvement Act of 1911",
and Chula Vista Municipal Code, Section 17.07 to pave an alley from J and Kearney Streets and
between Elm and Second Avenue. At the Council meeting of July 25, 1995, by Resolution
17919, a contract was awarded in the amount of $53,108.00 to the Fox Construction Company.
Said alley improvements have now been completed and the proposed assessments are stated
herein.
CHRONOLOGY:
November 23, 1993, Resolution 17316 accepted petition signed by majority of affected
property owners to form special assessment district.
March 28, 1995, Resolution 17849 approved boundary map for proposed boundaries of
AD 93-01.
March 28, 1995, Resolution 17850 ordering installation of improvements.
May 9 & 16, 1995, Public Hearings, Resolution 17894, on Resolution of Intention to
form special assessment district.
May 25, 1995, Resolution 17980 approved deferral of payments, established criteria for
deferrals and delegating authority to defer.
June 14, 1995, received eight bids for improvements.
July 25, 1995, Resolution 17979 accepting bids and awarding contract to Fox
Construction Co. .-
October 24, 1995, construction started.
November 10, 1995, construction completed.
December 6, 1995, Notice of Completion recorded.
February 7, 1996, City Manager accepted improvements.
-I- I
"----" ---~---~_...._--- ,- ...,.-.----.-...----...-....---..------.--......,....
, -
ENGINEER'S REPORT FOR A,D. 93-01
CONSTRUCTION COSTS
Total Contract Cost $51,099.00
Incidental Expenses $ 1,073.00(1)
Staff Cost $15,212.00(2)
Construction Total $67,384.00
(1) Postage, advertising and blueprinting costs.
(2) Staff cost (A Y-091) from point of inception to 9/12/96 ($9,507.46 x 1.6).
Total cost of project is $67,384.00.
Costs assigned to AD 93-01 is $52,172.00 (Contract cost + Incidental expenses).
ASSESSMENTS
Assessments = Total construction cost ($)/total frontage (ft) x frontage on alley (ft)
TABLE 1 - PROPOSED ASSESSMENTS FOR AD 93-01
No. APN Name Frontage Estimated Proposed
(ft) Assessment(1) Assessment
1 573-351-03 Marrufo 115.00 $6,999.00 $5,071.30
2 573-351-04 Hirtzel 60.00 $3,652.00 $2,645.88
3 573-351-05 Huggins 60.00 $3,652.00 $2,645.88
4 573-351-06 Miller 60.00 $3,652.00 $2,645.88
5 573-351-07 Monge 60.00 $3,652.00 $2,645.88
6 573-351-08 Gilman 60.00 $3,652.00 $2,645.88
7 573-351-09 I washita 60.00 $3,652.00 $2,645.88
8 573-351-11 Vega 116.54 $7,093.00 $5,139.22
9 573-351-13 Marrufo 100.00 $6,086.00 $4,409.80
10 573-351-16 Unger 50.00 $3,043.00 $2,204.90
11 573-351-17 Murphy 50.00 $3,043.00 $2,204.90
12 573-351-18 Hall 50.00 $3,043.00 $2,204.90
13 573-351-19 Norton 50.00 $3,043.00 $2,204.90
14 573-351-20 Griffen 50.00 $3,043.00 $2,204.90
15 573-351-21 Janiec 50.00 $3,043.00 $2,204.90
16 573-351-22 King 100.00 $6,086.00 $4,409.80
17 573-351-23 Ochoa 91.55 $5,572.00 $4,037.20
-2-
2-
ENGINEER'S REPORT FOR A.D. 93-01
The proposed assessments are lower than those originally projected in March 1995 because of
the lower bid received for the construction of improvements.
FUTURE COUNCIL ACTiONS
On the same date that the public hearing is held to review assessments, then pursuant to the 1911
Block Act, the assessments will be confirmed by the City Council.
FlSCAL IMPACT
The City will finance the construction of improvements ($52,172) and will be reimbursed by the
property owners over a period of ten (10) years. City staff cost including engineering design,
inspection and district formation ($15,212) will be absorbed by the City.
Report prepared under the supervision of:
,~x:¿~~
FRANCISCO X. RIVERA, P.E.
CIVIL ENGINEER #C-054540
(m :\home\engincer\agenda\ad930 1 er. bob)
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PROPOSED BOUNDARIES
ASSESSMENT DISTRICT 93-01
,
1911 ACT IMPROVEMENT DISTRICT
. CITY OF CHULA VISTA, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA ~
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ÂfþLL{.., i1'Lf0J- D
RESOLUTION NO. 18458
RESOLUTION OF THE CITY COUNCil OF THE CITY OF CHUlA
VISTA ACCEPTING FILING OF ENGINEER'S REPORT BY THE
CITY ENGINEER ON THE COST OF CONSTRUCTION AND
SETTING NOVEMBER 12,1996 AT 6:00 P.M. AS THE DATE
AND TIME FOR A PUBLIC HEARING ON AN ASSESSMENT·
DISTRICT FOR AllEY IMPROVEMENTS EAST OF SECOND
AVENUE
WHEREAS, on July 25,1995, pursuant to the Improvement Act of 1911, also known
as the 1911 Block Act, the City Council by Resolution No. 17979 awarded a contract in the
amount of $53,108 (including contingencies) for the alley improvements on the alley east of
Second Avenue from J Street to Kearney Street to Fox Construction Company; and
WHEREAS, the work is now completed and improvements have been accepted by the
City Manager; and
WHEREAS, a resolution must now be approved to accept filing of the Engineer's report
on the cost of construction and to set the public hearing on the assessments.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby accept the filing of Engineer's Report by the City Engineer on the cost of construction
of the alley improvements on the alley east of Second A venue from J Street to Kearney
Street.
BE IT FURTHER RESOLVED that the City Council does hereby set November 12, 1996
at 6:00 p.m. as the date and time for public hearing on the proposed assessments for the
alley improvements on the alley east of Second Avenue from J Street to. Kearney Street.
Presented by Approved as to form by
"-
. -
~
/
John Af'n Y. Mo-or~ ( \
Publi Acting City Attorney \
\,~
9
-~-"'~-~-'----'._--~------~-'- -_.._------~^._^
Resolu:ion j 8458 . -
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 15th day of October, 1996, by the following vote:
AYES: Councilmembers: Alevy, Moot, Rindone, Horton
NAYES: Councilmembers: None
ABSENT: Councilmembers: Padilla
ABSTAIN: Councilmembers: None
í{;-ø¡;;
ATTEST:
~O~
Beverly A. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No. 18458 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 15th day of October,
1996.
Executed this 15th day of October, 1996.
~{l~
Beverly Authelet, City Clerk
/0
-IUf-;t L f. n'-M-f £:
R 17980 ,DEFERRA~ DF THE PAYMENT OF ASSESSMENTS, ESTABLISHING THE CRITERIA
TO QUALIFY FOR DEFERRAL, AND AUTHORIZING THE MAYOR TO SIGN THE DEFERRAL
AGREEMENTS FOR ASSESSMENT DISTRICT NO. 93-01
WHEREAS, the proposed improvements for the construction of alley improvements from J
Street to Kearney Street between ELm Avenue and Second Avenue are being financed through
the formation of Assessment District No. 93-01 (AD 93-01) pursuant to the 1911 Block Act;
and
WHEREAS, the Act is a financing mechanism which authorizes local agencies to impose
assessments on benefited property to fund the construction of public improvements; and
WHEREAS, at a public hearing held on May 25, 1995, Council directed staff to bring to
Council a resolution allowing the property owners to defer the payment of their assessments;
and
. WHEREAS, the property owners have the option of paying the total assessment during the
3D-day pay-off period following the confirmation of assessments, planned for the end of
1995; and
WHEREAS, if the assessment is not paid at that time, the City shall collect the unpaid balance
in semiannual installments in conjunction with the collection of City taxes and in accordance
with the Resolution of Intention, the balance shall be paid over a period of ten (10) years at
an interest of 7% per annum; and
WHEREAS, in response to property owners concerns, Council directed staff to identify
additional alternatives that may allow the deferral of the payment of the assessments and
lessen the financial impact of the proposed assessments; and
WHEREAS, according to the provisions of Chapter 13 of the IIlmprovement Act of 191111 of
the Streets and Highways Code of the State of California any deferral of assessments shall
be approved by a Council Resolution; and
WHEREAS, staff recommends that the following alternatives be approved by Council:
Semi-annual payments (interest only) and payment of the principal at the end of a 10-
year
term or at the time the property is transferred, whichever occurs first. At the end of the 10
years Council may grant, on a case-by-case basis, a time extension to fulfill the payment
obl igations.
One payment (principal and accumulated interest) at the end of á 1D-year term or at the time
the property is transferred, whichever occurs first. At the end of the 10 years Council may
grant, on a case-by-case basis, a time extension to fulfill the payment obligations.
WHEREAS, staff also recommends that Council require that property owners shall meet one
of the following Criteria (IICriteria") to qualify for deferral:
1. Have an income less than or equal to the HUD Very Low Income standards as contained
in the City's Master Fee Schedule.
2. A demonstrated financial hardship approved by Council. (For example, a senior citizen,
retired, and unable to pay the assessment.)
WHEREAS, qualifying property owners that elect a deferred payment plan shall enter into a
deferral agreement with the City upon confirmation of assessments.
.-----------------------------...----------------------------------------------
/1
.-.--.-...-.-----. ------..--- -----. --------.---.,---
NDW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby
approve the Criteria for granting a deferraL of the payment of assessments, and authorizing
the Mayor or City Manager in his/her discretion, to sign the deferral agreements for
Assessment District No. 93-01 upon application and proof of satisfaction of the required
Criteria.
Presented by Approved as to form by
John P. Lippitt Bruce M. Boogaard
Director of Public Works Ci ty Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California,
this 25th day of July, 1995, by the following vote:
AYES: Councitmembers: Atevy, Moot, Padilla, Rindone, Horton
NAYES: Counci lmembers: None
ABSENT: Counei lmembers: None
ABSTAIN: CounciLmembers: None
/;:¿
/ AHa dv>/k"j f
RESOLUTION NO. 17979
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING BID AND AWARDING CONTRACT FOR
"CONSTRUCTION OF ALLEY IMPROVEMENTS FROM J STREET
TO KEARNEY STREET BETWEEN ELM AVENUE AND SECOND
AVENUE IN THE CITY OF CHULA VISTA, CALIFORNIA (STL-
220)"
..
WHEREAS, at 2:00 p.m. on June 14, 1995, in Conference Room 3 in the Public
Services Building, the Director of Public Works received the following eight bids for
"Construction of Alley Improvements from J Street to Kearney Street between Elm Avenue
and Second Avenue in the City of Chula Vista, California (STL-220)":
Contractor Bid Amount
1- Fox Construction - San Diego $53,108.00
2. ~arque% Constructors, Inc. - Spring Valley 59,430.50
3. Basile ConstructioD, Inc. - San Diego 66,915.50
4. Carolyn E. Scheidle - Contractor - La Mesa 69,436.00
5. Frank & SOD Paving, Inc. - Chula Vista 72,512.05
6. Interwest Pacific, LTD. - San Diego 73,127.60
7. Hammer Construction Company - Chula Vista 73,414.80
8. ortiz Corporation - Cbula Vista 77,365.00
WHEREAS, the low bid by Fox Construction - San Diego is below the Engineer's
Estimate of $77,150 by $24,042 or 31.2% and staff has reviewed the low bidder.'s
qualifications and references to do the work and found them to be satisfactory and
recommends that the contract be awarded to Fox Construction; and
WHEREAS, the Environmental Review Coordinator has reviewed the work
involved in this project and has determined the project is a Class I exemption under Section
15301 from California Environmental Quality Act requirements; and
WHEREAS, the source of funding for this project is general funds and
contractors bidding this project were not required to pay prevailing wages to persons
employed by them for the work under this contract; and
WHEREAS, no special minority or women business owned requirements were
necessary as part of the bid documents, however, disadvantaged businesses were encouraged
to bid through the sending of the Notice of Contractors to various minority trade publications.
NOW, THEREFORE. THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES
HEREBY FIND. DETERMINE. ORDER AND RESOLVE AS FOLLOWS:
Section 1. That the City Council concurs in the determination that this project
is categorically exempt under Class 1. Section 15301 of the California Environmental Quality
Act, and directs the Environmental Review Coordinator to file, or ratifies the filing of. a notice
, of exemption for this project.
~
/'3-
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RE:solution r_o. 17979
Page 2
Section 2. That the City Council does hereby accept the bid of Fox
Construction as responsive.
Sectior. 3. The City Council awards the contract for "The Construction of Alley
Improvements from J Street to Kearney Street between Elm Avenue and Second Avenue in
the City of Chula Vista" to Fox Construction in the amount of $53,108.00, the lowest
responsible bidder which submitted a responsive bid to the approved specifications. The
contract, known as Document No. C095-122, is on file in the office of the City Clerk.
Section 4. The Mayor of the City .of Chula Vista i hereby authorized and
directed to execute said contract for and on behalf of the City of ula Vista.
Presented by pp "';(" 'm:J
ÛtJ / i;:4-
JPhn P. Lippitt '
director of Public Works
If
r\eSOi~:'Ün ¡'D. 17979
Page 3
PASSED. APPROVED. and ADOPTED by the City Council of the City of Chula Vista.
California. this 25th day of July. 1995. by the following vote:
AYES: Councilmembers: Alevy, Moot, Padilla. Rindone, Horton
NAYES: Councilmembers: None
ABSENT: Councilmembers: None
A8ST AIN: Councilmembers: None
dh/b:3Ærb11
Shirle&Horton. Mayor
ATTEST:
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Beverly A. Authelet. City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) 55.
CITY 0;: CHULA VISTA )
I. Beverly A. Authelet. City Clerk of the City of ChuJa Vista, California. do hereby certify that
the foregoing Resolution No. 17979 was duly passed, approved. and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 25th day of July.
1995.
Executed this 25th day of July. 1995.
-
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II-Mad I I"''''\.! q
R17894 RFSOLUTIO~ OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING
FINDINGS AT PUBUC HEARING PURSUANT TO CHAPTER 27 OF THE "IMPROVEMENT
ACT OF 1911" REGARDING THE FORMATION OF ASSESSMENT DISTRICT 93-01
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY
FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
SECT ION 1. Findinqs: The City Council does hereby find as follows:
A. The City Council of the City of chula Vista, California, has instituted proceedings pursuant
to the provisions of Chapter 27 of the "Improvement Act of 1911 being Division 7 of the Streets and
Highway Code of the State of California for the construction of certain authorized improvements in
a special assessment district known and designated as Assessment District No. 93-
01.
B. Notice has been given in the manner and form as required by law and specifically Article II,
Part 3, of Division 7 of the Streets and Highway Code, and a Certificate of Compliance is on file
in the office of the City Clerk.
C. A public hearing has been held and all testimony and evidence heard relating to the work of
improvement as proposed for the Assessment District, and the legislative body is desirous at this time
to proceed.
SECTION 2. That all protests of every nature are hereby overruled and denied.
SECTION 3. The Superintendent of Streets is hereby directed to proceed and cause the construction
of the works and improvement in said Assessment District if said construction is not commenced
within sixty (60) days after .notice is given to the property owner (by 5/27/95) to so cause the work
to be done.
SECTION 4. That the works of improvement shall be done and carried through and financed
pursuant to the provisions of Chapter 27 of the "Improvement Act of 1911", and for all particulars
as to these proceedings, reference is made to the Resolution ordering the installation of the public
improvements and instructing the Superintendent of Streets to give notice.
SECTION 5. The works of improvement and project shall be financed pursuant to the provisions
of Chapter 27, and the City shall collect each assessment remaining unpaid following the expiration
of a 30 day cash collection period. Said balance shall be payable over a period of 10 years at an
interest rate of 7% per annum. The City shall collect the unpaid balance of any assessment on the
district properties semi-annually in conjunction with collection of City taxes, excepting those
properties for which a payment deferral has been approved. The collection of assessments on these
properties shall be in accordance with the payment schedule stipulated in their deferral agreement.
Presented by Approved as to form by
John P. Li ppi tt Bruce M. Soogaard
Director of Public Yorks City Attorney
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California,
this 16th day of May, 1995, by the following vote:
YES: Counc i lmembers: Alevy, Moot, Padilla, Rindone, Horton
NOES: Counci lmembers: None
ABSENT: Counci lmembers: None
ABSTAIN: Counc i lmembers: None
/'i
-_.~."- -_.--..__._~._-_._~-- -- '.",-_._-~.- -_.~-
· Shirley Horton, Mayor
ATTEST:
Vicki C. Soderquist, Deputy City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) SS.
CITY OF CHULA VISTA )
I, Vicki C. Soderquist, Deputy City Clerk of the City of Chula Vista, California, do hereby certify
that the foregoing Resolution No. ~ 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 May, 1995.
Executed this 16th day of May, 1995.
Vicki C. Soderquist, Deputy City Clerk
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;t:¡hGL¡1\{;'iLt- :L
Minuks
~ o\'emh~r 12, 1996
P2ge 4
Mayor Pro T~m Moot also pr;::f~rr~d 0:1. on;::p\.vc:t:k cuntinuance, bèCause the current Council was familiar with the
subject. and it would he most appropriate fur th::m to resolvè it.
MSC (Ale,')"/Rindune) to continue to 11/19/96, approved 4-0-1 with Horton absent.
13, PUBLIC HEARING ADOPTL'iG OTAY RANCH PRE-AJ\'NEXA TION DEVELOPME!\T
AGREEME:\T WITH VlLLAGE DEVELOPlIIENT - An ameDdment to the development agroomeDt to furtber
,guarantee infrastru:ture improvements where the deveJopeT wants to cT~te parcels for sale prior to finalizing the
final subd~\'i5ion l11ê!p. The amendment al~o addresses future problems with regard to any debt payment that might
he levied to make public improvements or should development be only partially completed OD any particular project
due to aoy sloppag' of work esp=cially due to a hankmptcy action. Staff recommends Council place the ordiDance
on first readin,g. (D:pury City Manager, Phull1ing DirèCtor, anù Ota)' Ranch Manager)
ORDINANCE 2691 AlIŒ:\DING OTA Y RANCH PRE-ANNEXATION DEVELOPMENT AGREElIIENT
BETWEEN OTAY RANCH, L.P., A CALIFORNIA LllIUTED PARTNERSHIP, . VilLAGE
DEVELOPlIIE"T, A CALlFOR!\IA GENTRAL PARTNERSHIP, AND THE CITY OF CHULA VISTA (first
readint')
Tn.is being th~ tirn~ anJ pJa:~ 2.S advertist:d. the public bë:a.ring was ù~lared open. -.
Th~re b~ing no spe:akc:.rs. the public hearing was d~lar~ clos~d.
lIlSC (Padilla/AlevJ) to continue to 11/19196, appruved 4-0-1 with Horton absent.
14. PUBLIC HEARLNG ASSESSlIŒ!\T DISTRICT (AD 93-01) FOR ALLEY llI1PROVEMENTS EAST OF
SECOND A VENUE AJ\'D SOUTH OF "J" STREET - On 10/15/96, Council accepted tbe filiog of the EDgiooor's
Report by th. Cit)' Engineer on the cost of construction and selling 11/12/96 at 6:00 p.m. as the date aod lime for
a public bearing on an 2.SSèSsment district for aU~y improvèments east of Second Avenue. Staff recommends
approval of the resolutions. (Director of Public Works)
A. RESOLUTION 18495 CONFfRlI11NG THE ENGL"IEER'S REPORT BY THE CITY ENGINEER ON
THE COST OF CONSTRUCTION AND SPREAD OF ASSESSlIŒ!\TS ON ASSESSMÉ!\T DlSTRlCT
NUMBER 93-01 FOR ALLEY lllIPROVEM..ENTS EAST OF SECOND A VENUE AND SOUTH OF "J"
STREET
B. RESOLUTION ]8496 ADOPTING A NOTICE OF LIEN TO LEVY AJ\'D COLLECT ASSESSlIIE!\TS
FOR ASSESSlIŒ!\T D]STRICT NU1I1BER 93-Ûl FOR ALLEY llIlPROVElIIENTS EAST OF SECOND
A VENUE A.J\'D SOUTH OF "J" STREET
Mayor Pro Tern Moot explained that because of the recently passed Proposition 218, staff would need additional
time. to analyzt whether this 2.Ssessment district was, consistent with the resolution.
Ann Moore, Acting City Attorney, advisèd it wæ; not nèCessi:l.ry to open the public hearing if the ite.m was continued
iDddic.itely. Th::: exemptions proviJc:d undèr Proposirion 218 were vague and additional time was needed to analyze
it with respect to particular ~sessment districts.
Councilmemher Alevy believed his understanding of Proposilion 218 included faciliti.. that were built, compleLed,
and previously voted on.
2/ -
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Minutes
No\'emner 12, 1996
Page 5
John Lippitt, Director of Public Works, indicated a petition was signed by 65 percent of the property owners, and
tbe assessments for tbese types of districts would not be le"ied until 2fter the hearing.
MSC (Ale~ylPadilla) to continue this item indefinitely until stafT has a chance to look at the implications of
Proposition 218 on this issue, approved 4-0-1 "ith Horton ahsent.
ORAL COM1IfiJl\'ICATlONS
. Bill Ayers, 44 East Mankato Street, Chula Vista, CA, representing the San Diego County Veternns Advisory
Com.miUee, requested a report from Council regarding the veterans pr~ference status.
Mayor Pro Tern Moot stated the recently passed Proposition 209 might impact aU prêference programs, and
althougb be boped the proposition did not apply to veteraos, staff would research it.
John Goss, City Manager. stated he would provide 1\.1r. Ayers with written material regarding a certain limited
amount of veterans preference that could apply.
BOARD AJ\'D COMMISSTON RECOMMEJ\'DATIONS
-.
None sunmitted.
ACTION ITEMS
15. RESOLUTION 18497 APPROVING COUNCIL POLICY REGARDING REQUESTS FOR PAYMENT
FOR OUTSIDE LEGAL ASSISTANCE OBT AIJ\'ED BY EMPLOYEES APPOINTED BY CITY COUNCIL _
On 6/11/96, Council directed staff to prepare a policy for Council's consideration regarding legal representation
in special circumstances. Staff recommends approval of the resolution. (City Manag~r)
Councilmember Rindone indicated concern that the policy applied to only a portion of staff, and he asked if other
employees had similar protection.
Mayor Pro Tern Moot explained the policy was only for those persons serving at the pleasure of the City Council
and wbo were subject to removal by a majority vote of Council.
Ms. Moore advised Council the policy specifically applied to the City Attorney, City Manager, and City Clerk.
RESOLUTION 18497 OFFERED BY COUNCILMEMBER ALEVY, re.1ding of the text W35 waÌ1'ed, title
read, passed and approved 3-1-1 "ith Rindone opposed and Horton ahsent.
16. RESOLUTION 18455 APPROVING TERMS AJ\'D COI\'DITlONS FOR THE SALE OF 1IlARINA VIEW
PARK TO THE UNIFIED PORT DISTRICT AJ\'D AUTHORIZING STAFF TO PREPARE AND n:ECUTE
A PURCHASE AJI.'D SALES AGREE~ŒNT AJ\'D ESCROW INSTRUCTIONS - The City has requested that
the Unified Port District acquire certain City and Redevelopment Agency properties on the Bayfront, including
Marina View Park on Marina Parl-oway and three properties on Lagoon Drive (the former Marina Motor Hotel,
Shangri-La and Cappos properties). City staff has he.>n negotiating the ""Ie of th",'e properties which have been
~~ -
Af(-I'vL /, n,-t;>fL f- ~
Proposition 218: Text of Pròposed Law
This initiative measure is submitted to the people in accordance with the or sptcial taus. Sptcial purpose districts or agOldes, incblding school d1srricts. sluJll hiM
provisions of Article II, Section 8 of the Constitution. no power to kv)' gtMraJ taus.
This initiative measure expressly amends the Constitution by adding articles (b) No local gC1Vt1'7lntent may impose: ætnd. or incrrase 0Jf'j gt71tral ua unless œuf wuü
therero; therefore, new provisions proposed to be added are printed in italic type rhlJJ laX is submined 10 1ht electoralt D1Jd approved by a mD.jori1)' YOlt. A gDll!raJ tax shGll not
to indicate that they are new. bt deemed to havt bten incrtased if it j¡ imposed at II role not higMT than 1M mm:inwm rou
PROPOSED ADDmON OF ARTICLE XIII C so approvtd. Tk ekerion required by this subdivision shaJJ bt consolidated with a llguJarl)'
schedultd general election for members of the governing body of Iht local government,
A.'ID ARTICLE XIII D' except in cases of mergetu:y tkclartd by a UIIDIIimOW vote of tht gC1VtnUng body. . .
RlGIITTO VOTE ON TAXES ACT (e) Any g.,,""1 "" imposed, uzmtkd, or increas.d, wilhout yol<r approwJl. by on¡ /oco1
gOVtmmenl on or after January 1,1995. and prior to tht ejf«tivt dale ofuw arriclt. slwll
SEmON L 1TILE. This act shall be known and may be cited as the "Right to Vote continue to be imposed only if apprt1'ld by a majority vote of tht \IOltn voting in QII tkerion
on Taxes Act" on tht i.ssÙe of tht imposition. which eleaion shail be htId within two yeon of the tfftctivt
SECTION 2: FINDINGS /J'¡'D DECLARATIONS, Th. people of the Stat< of dot. of ¡his anick ond in coniplioru:< with subdivision M ,
California hereby find and declare tha1 Proposition 13 was Înu:nded to provide effective taX (d) No loca1 gCMnurtenl may impose. alou!, or inc:mue D1JY special tar unless arullUllZl
relief and to require voter approval of tax increases. However, local governments have that tar is $Ubmined to the eltctorate and appruved by a rwo-tlúrds vott. A sp«iDl tax shall
subjected taXpayers to. excessive taX, assessment., fee and charge increases that not only not be thtmed to Iun't bten increased if û is impostd Q1 a ratt not hightr dum rhe ma.timum
frosU4te the purposes of voter approval for tax increases. but also ~aten the economic rakm~~ .
security of all Californians and the California economy itself. This measure protects taXpayers SEC. 3, Initiati1i't Power for lDcal Taxes, Assessments. Fus and Charges.
by limiting the methods by which local governments enct revenue from taxpayers without Notwithstanding any other pro1i'ision of this Constitution. including, but nor limit~d:to,
their cons....-nL Sections 8 and 9 of Article II. tht initiorivt powtr sluUl not be prohibiud or orhtrwise lumt"
SECTION .3. VOTER APPROVAL FOR LOCAL TAX LEVIES. Artic1e xrn C is in manenof retÙlCÚJg or Trpealing atf)·loca1lDX. assessment, fet or chargt. 1M power oJ.
added to the California ConsóMÎon to read: initiative 10 affect locallaus. assessmtrlLt, ftts and charges shall be applicable 10 aIlloca.
ART1CU Xl/I C govunmenu and ntilher the Legislature nor any local govtnurtenl chaner shall impose c
SEmON J. Definitions. As u.ied in this anîcle: signature rrquirtmtrll higher than that applicablt to SUl1~ stanUory inùùzlivts.
(a) "GtMral taxH mta11S QIt). tax impostd for gt'TIeral gOVtmmtntal pu.rposes. SECTION 4. ASSESSMENT AND PROPEIITY RELATED FEE REFORM.
(b) "Local gOVtJ7Jmt'1ll" mt'1W an)' COIOlt)~ dIy, ciIy and coun1)~ including a charttr city Article xm D is added to the California ConstituriOD to read:
or coun.ry. art)' special distria. or an)' olhtr local or œgional govef"Mlt11la1 entity. AKflCU Xlll D
(c) "S~ciaI district"mt'ans an: agency oftht sJQ1e.formtd plUSJUJ1l1 to gentral law or a
special act, for tht local pttfonntIllCe of governmtntal or proprittary functions with limited SEmON J. Application. Notwithnanding any olhtr pl"O\isiOll of law, tht provisions ~
geographic boundaries including. but not limited to, school dinncts and rtdtvtlopmenl this article shall apply to aU assUsmtflU, fees and charges. whtthtr ~sed p~rsuanl II
agencit'S. nQ1e stalUte or local goverrunnll chantr au1hority. Nothing in rhis arnclt or A.rÞCle Xlll (
(d) "Special tax" mt'ans an)" tax imposed for sptcific purpOSts, including a tax imposed sW bt constTUtd to:
for spedfic purpost$. .....hich is pLaud inlo a gtntral fund. (a) Provide Q1!)' new authority to Q1!)' agtney to impost a tax. Q.SsessmmJ. fet. or ~~rgt
SEe. 2 Local Goventl1lLnt Teu Limitation. Nonl1thstanding lJ1f}' othtr provision ofthU (b) Afftd aisring laws nlati1rg to the imposition of fus or chargtS as a condltlCm r
Consrjru¡¡·on.' property M"ri'tlopmt1l1. '
(a) AlllaXts impostd by an)' local govtrnment shall bt dttmt'd to bt either general taus (e) A.ffect aisting laws relaIing to w imposition oftimbtr )itld uzus,
108 ;2,? G9!
---~._-----~-_.- -. -.- ---.-...--.- .--.- -~--~---
,i. I:. 1,_'(';;1 1;(1; {'/ .'1I:!'(J.Ilt1 unk:,,' G,"'pu-,',,¿ ¡'y Ii lU'('·"¡¡:r¿' ',Oi( oflhe !"it',-;or¡;¡¡ ¡Ii ¡hI' d:'.Ii:ic:y;
, '[.i, . -igtf)"·.1 "J~':' ~'. Ipcal P('~(!ì_~;,r;: l;' ,Ùfi.¡¡,;' 1/; ,IOIhdn';sim; (hi (SI',-¡iil/1 1 of add!:im; 1(, Ìln'1J,~' apprmc¿ in ¡ht propcrry ('\\'/J!"r.~ a:. nquirfd by .\uhdll'i.Ii(J!; 1(').
-.it Ar:ide Xlll C SEe. 5, E!fccllre Dc.u. PunuWI! [I! ,lUhdi¡is;Ú: (aJ of Scoìor,' lú of Anide ll. ¡he
,'ill "A.I.\O,I/)I!'!;:· ,,:~,,,;; 0:.";\ ¡'ay (I' .~...;,,: 01,:':1/; rtill !"'~('/'er.:, p.' G.11 a,~(,1l0'J;'r G special pml'isi(l/;J nf thÜ arlÍde ÙIl1!i become cßcciÍ\'/ zh! day ajler the elcclio¡; unless mhcnri.lc
~('/ (fÎI cnnfcrr..c" ;.:,,(.r, :;:( rc",r pro!'('7_, ".';'jj!';smC!1(· iTlcludes, hut i.1 !WI iin;ilcd Iv. prol'ia'fd. Beginnil/¡: Juiy I, 199ï, all c.;:is{ill,~'. TlC'I. (¡r increascd aSJrj.\nIC/:!.\ shall comp'.'
'·.\f'tclal a.l,\¡.\~rr.er;; .. "¡'!"r.~:ÎI a.un,'I'.,-r;: .. "mair.[¡'narlcr (;Henll/en¡" alJd "~pccial IÙ/h /hi,,, Grticle. NmwirhsIanding /he forc¡:ning. [ht follnwing aSJrssmrl/ls cxÜ/Ù1b' on thc
ll.'i.\fHmCn/IG..t effeClil'C dale of this arricìe shall Þe t:xcmpt from thc proadureJ and approval process srI
re) "Capilal co;:' rr.wr.! Ihe e(w of c:q;.;';¡,ior., in.\lalJa!iOl;. corlJlruczior;, reCOTlSzruc/Ì()J!, forth in SecTion 4:
or ffplacclT/en/ of c p(,71:tJTJelJl puMic in;,"I(" "mcn: 0.\ an agen['y, (a) Ar.y assessmem imposed exclusivcly 1(1 firwnce the capi/af costs or mnir;trnanre and
I' (d) "Dism'c;" IT/fCr_'- afJ area dClerrrur.u;;' by en agCnt)' to contain all parceLs IrJzich will operation expe1l!;es for sidev..alk.r, streets, seWCTS:, K'aler, flood control, drainage system.> or
reairr a spccial brTJefi: from a pmpo$ed p;.¡flfic improw:mer.: or propertJ-rcla/ec! scn-ice.
) (e) "Fee" (lr "ch.;...ge" mean.¡ any lei:, o:her than an ad \'alorerr. tax, a speciaJlcr, or an vector control, Subscqufm increas:es in s:.ich a.Hessments shall be subjet/to the procedures
" aJ$cssment, imposed by QfI agency upo/: c percel or upon a paso/: as all incident of property and approml process seI fonh in Section 4.
( oK1Irrs:hip, including G. /./Jer fee or chilrgc for G. propeny rdaled sen'ice. (b) An)' asseJSment imposed pUrsuant to a petition signed Þy the persons owning all oftM
if) "Maj,tIel1tlnct and operation eXpCfLS€s" means the cost of rfnl, repair, replacemrl11, parcels subject to the assessm£nt at the lime the assessmenr is initially imposed. Subsequent
¡ rehabilitation, fuel, power, electrical curre1l1, care, and supen'ision necessary 10 properly increases in such assessments shill! be subject 10 the procedures and approm[ prOcess set
operate anti TI1iJintain a permanent public irr.prm'ement. forth in Section 4.
(el "Propert)' ownership" shall be detrr.£d 10 include lel1tlncies ofrcal properT)' where (c) An)' assessment the proceeds of which are exclusively used to repay bonded
, telUlntS are directly liLJhle to pay the asseSJmem, fee, or charge i12 qucstioTL indebTedness of which the failure 10 pay would l'ialalC the Contract Impairment Claus~ of the
.! (h) "ProperTy-related sen'ice" means a public sen'ict havi12g a direct relationship to Constitution of the UniTed States.
,. properry oK·rwrship. (d) A12Y assessment which previously receh'ed majority votÙ approl'al from th~ voters
i (i) "Special bent:ju" means a particular and dis1i12ct benefit o'l-'er and above general voting in an election on the issue of ¡he assessment. Subsequent increases in those
benefits conferred or. real propeny loca/cd ir. the dÜlriCI or to the public a/large. General assessmen1S shall be subject to the procedures and approval process set forth in Section 4,
e/Jhoncemenr of propur)' 'I-'alue does not constitute "special berwfil. " SEe. 6. Property Related Fees and Charges. (a) Procedures for Nell' or Increased
SEe. 3. Property Taxes. Assessments. Fecs alld Charges Limited. (a) No tax, Fees and Charges. An age12c)' shall follow the procedures pursuant to this section in
assrssmen/, fee, or á.arge sholl br assessed by any agency upon any parcel of properT)' or imposing or increasing an}' fee or charge as defined purSUi1nt to this anicle, including, but
upon any person as an incident of propeny Qlmership except: not limited to, the following:
(I) The ad valorem properI)' lax imposed pursuant to Anicle XlII and Article XlIJ A. (I) The parcels upon which a fee or charge is proposed for imposition sJwU be identified.
(1) Any special tax recCÌving a two-thirds vale pursuant to Section 4 of Article XIIJ A. The amount of the fee or charge proposed to be imposed upon each parcel shall be
(3) Assessments as provided by this arrick. calculated. The agency shillJ provide writlen notice by mail of Ihe proposed fee or charge to
(4) Fees or chilrgesfor property related sen'ices as provided by this article. the record owner of each identified parcel upon which Ihe fee Or charge is proposed for
(b) For purposes of this article, fees for rht provision of electrical or gas service shall not imposi¡jon. Ihe amount of the fee or charge proposed to be imposed upon each. the basis upon
be deemed chilrges or fees imposed as Q12 in..'ident of property ownership. which the amount of the proposed fee or charge was calculated, the reason for the fee or
SEe. 4. Procedures and Requireme121s for All Assessments. (a) An agenc)' which charge, logether with tM dtJte, time, and location of a public hearing on the proposed fee or
proposes to le1')" an assessment shall idenrifi.' all parcels which will hilve a special benefit charge.
conferred 1.11'012 thm: and upon which ar. assessment will be imposed. The proponioMte (2) The agency shall conduct a public hearing upon the proposed fee or charge not less
special benefil deri¡'ed by each identified ~~el shill! be determined in relationship 10 the than 45 ooys after nwiling the notice of the proposed fee or charge to the record owners of
entirety' of 1M capital COSI of a public imprtlrCTrI€nt, the maintenance and operation eJ.penses each identified parcel upon which the fee or cJwrge is proposed for imposition. At the public
of a public improrement. or the cost of Ihe propel1)' relaled sen'ice being pro~'ided. No hearing, the ogency shall consider all protests against the proposed fee or cJwrge. If writlen
assessment shall be imposed on an)' par:::l!! which exceeds the reasonable cost of the protests against the proposed fee or charge are presented by a nwjoriry of owners of the
proponional special benefi; conferred or. 1h.::1! parcel. Only special benefits are assessable, identified parcels, the agency slwll nor impose the fee or charge.
and 0/1 agency shall separale the general MT.cfi15 from the special benefits conferred on a (b) Requirements for Exisling, New or Increased Fees and Charges, A fee or charge
parcel. ParcelJ withir. a district that are ownti or used by any ageTlC); the Stale of California shall not be extended, imposed, or increased by any ageTlC)' unless it meets all of the following
or tM United Stales shilll not be exempt from assessment unless the agency can demonstrale requirements:
by ckar and comÙzÓng evidence that tMS! publicly owned parcels in fact receive no special (J) Ri!VeTUles derived from the fee Or charge shall not exceed the funds required to provide'
benefit. the properTy related sen'ice.
(b) All assessmenrs shall be supponed by a detailed engineer's report prepared by a (2) Revenues dcrivedfrom tk fee or charge shall not be usedfor any purpose other than
registered professional engineer cenified by the Stale of California. that for which the fee or chilrge was imposed.
(c) The amount of the proposed asseS5m£121 for each identified parcel sooll be calculated (3) The amount of a fee or coorge imposed upon any parcel or person as an incident of
alld the record owner of each parcel slwlJ M given wril1en notice by nwil of the proposed property ownership, sooll not exceed the proportional Cost of the service al1ributable to the
assessment, Ihe lo/al amounr thereof chilrgeable to the entire district, the amount chargeable parcel.
to the Owner'S paT1icuJar parcel, the duraTior: oj the payments, the reason for Ihe assessment (4) No fee or charge "lIr)' be imposed for a servict unless that service is actually used b);
and the basis upon K'hich the amount of lhe proposed assessment was calculated, together or imnl€diately available to, tM owner of the properI)' in questioTL Fees or chilrges based on
with the OOte, liTrl€, and location of a public hLaring on the proposed assessment. Each notice pOlential or future use of a service are not permined. Standby charges, whether chi1racterized
shall also include, in a conspicuous place lhereon, a swnmar)' of the procedures applicable to as charges or assessments, shall be classified as assessments and shall not be imposed
Ihe complelion, retum, and tabulation of the ballots required pursuant to subdivision (d), . wirhout compliance with Section 4.
including a disclosure statement that the uistence of a nwjority protesl, as defined in (5) No fee or charge mG)' be imposedfor general governmental sen'ices including, but not
subdÙ'ision (e), 1I'il! resulr in the asSCSST11€ro r.n: being imposed. limited to, police, fire, ambulance or library services, wMre the service is available to the
(d) Each nO/ice mailed to ownerS of ider.tified parcels within the district pursuant to public at large in substantially the same manner as it is to properTy owners.
subåil'Îsion (c) shall contain a ballot which includes the agency's address for receipt of the Reliance by an agency on any parcel nwp, including, but not limited to, an assesSOr's parcel
ballot once compleled by any owner receÍ\-'ing tM notice whereby the OK-71tr may indicate his map, mo)' be considered a significant factor in detennining whether a fee or charge is
or her nGm€, reasonable idenrification of 111£ parceL and his or her support or opposition to imposed as an incidem of property ownership for purposes of this article. In an)' l~gal actio12
Ihe proposed assessrlWll, comesling the validit)' of a fee or charge, Ihe burden shall be on tM agenc)' to demonstrate
(e) The agency shall condu£t a public Maring upon the proposed assessment not less lhan compliance with this article.
45 days after mailing the notice of the proposed assessment to record owners of each (c) Voter Approvalfor New or IncrefUed Fees and Chilrges. Except for Jees or charges
identified parcel. At the public hearing, 1M agenc)' shall consid~ all protests against the for sewer, water, and refuse collection services. no property related fee or charge shall be
proposed asseSST11€nt and tabulate the bal/ou. fu agency shtJJl not impose an assessment if imposed or increased unless and until that fee or charge is submitted and approved by Q
there is a mojority prolest. A majorit)' pro/m exists if, upon tM conclusion of the hearing, majority vote of the propel1)' owners of the propel1)' subject to the fee Or charge or, al the
bal/ots submitted in opposition to Ihe assesSTrlOJ exceed the ballols submined in favor of the option of lhe agenc)', by Q lWo-thirtb vote of the electorat~ residing in the affected area. The
assessment. In tabuÚlli12g the ballors, tM ballots shall be weighted according to the election shall be condJ,¡cted not less than 45 days after the public hearing. An agency may
proponional fil1tlncilll obligation of the affected propeny. adopt procedures similar to those for increases in assessments in the conduct of elections
if) In any legal actior: contesting the validj¡)' of an)' assessmem. the burden shall be on the under this subdivision.
, agency to demonstrGle tÌUJI the property or propenies in question receive a special benefit (d) Beginning July I, 1997, allfees or charges shall compl)' with this sectioTL
I ol'er and above Ihe benefits conferred on 1M public at large and tha/the amount of any
contested assessment is proponiol1tllto, an.:;.' no greater than. the bene fils conferred on Ihe SECTION 5. LIBERAL CONSTRUCTION. The provisions of this act shaH be
properT)' or properties in question, , liberally construed to effectuate its purposes of limiting local government revenue and
(g) Because only special benefits are assessable, electors residing within the district who enhancing taxpayer consent
do not 01\71 properTy ""ithin 111£ district shall noj be deemed under this Constizution to hilj)(! SECTION 6. SEVERABILITY. If any provision of this act, or part thereof, is for any
been deprived of the right to vote for alTy assessment. If a court determines that the reason heJd to be invalid OJ unconstitutiona:!, the remaining sections shaH not be affected, but
ConsTitution of the United Slates or other federal law requires othet"M.'ise, Ihe assessmenl shall shall remain in full force and effect, and to this end the provisions of this act are severable.
G96 ~f 109
~ ~~~ ~¿ h rnt:-111-- f<~ I V
~~~:;
~-.::....- ""'""-
~- ~~
CITY OF February 27, 1997
CHULA VISfA FiIe:0725-10-AD93-01 .
DEPARTMENT OF PUBLIC WORKS 0735-1O-STL-232
ENGINEERING DIVISION
ASSESSMENT DISTRICT 93-01
ELM A VENUE ALLEY PROJECT - PROPERTY OWNER
BALLOT
Per Proposition 218, the "Right To Vote On Taxes Act", I/we the undersigned property owner(s)
of:
.....J" Street
Chula Vista, CA 91910
APN: 573-351-03
¿/Yes, I/We consent to the proposed assessment on this parcel in order to pay for the
construction of the missing alley improvements along the fiontage of my property. . The alley
improvements constructed included the following; concrete alley, speed bumps and all
appurtanences. IIWe also consent to the fonnation of an Assessment District which will authorize
the City to levy an annual assessment, for up to 10 years, to collect on the property tax bill, the
portion of the costs attributed to the work along the fiontage of my property. The costs for this
project have been calculated at $44.09 per lineal foot of fiontage. Based on the dimensions of this
property, the assessment has been calculated at $5,071.30.
_ No, IfWe do not approve the alley project and/or assessment on this parcel.
NAME (pRINT & SIGNATURE)
DA-u~iì JYIfTK-iZ-uFû- \)~rY1~
NO'¿M/t MIHU_uFD ~ 'r)~ ~. '7rJ~
.
Chula Vista, CA 91910
Please check either the YES or NO line above, print and sign names and return ballot to the City
of Chula Vista Public Works Department by 5:00 P.M. Friday, March 7, 1997.
(H,IHOMEIENGINEER\LANDDEVlELMBALOT.FRM
..,!:.., -
c/5.
276 FOURTH AVE/CHULA VISTA. CALIFORNIA 91910'(619) 691·5021
- - - - - ~-_...,.,._-,,-,_...-.. ~--~ -.-...-. ....._--~---_.._._-,._-~._-_._--_.-.....----
- ~~~ - Af.&U./H1' 0Wf' 1(-
,-==l
Ju . ~$-:;;
_ -1 '_.:.... ,'. ',' ~~ 1 :..
........"""'=-~~
:-~... 1'=-:--;"0' .~. :,~~T .......~- --
OlY OF
97 MAP. -7 PH 2: 02 CHUIA VISTA February 26, 1997
DEPARTMENT OF PUBLIC WORKS FiJe:0725-10-AD93-01
ENGINEERING DIVISION 0735-10-STL-232
ASSESSMENT DISTRICT 93-01
ELM A VENUE ALLEY PROJECT - PROPERTY OWNER
BALLOT
Per Proposition 218, the "Right To Vote On Taxes Act", I/we the undersigned property owner(s)
of:
SECOND AVENUE
Chula Vis~~ 91910
A.P.N. 573-351-04-00
- Yes, I/We consent to the proposed assessment on this parcel in order to pay for the
construction of the missing alley improvements along the frontage of my property. The alley
improvements constructed included the following; concrete alley, speed bwnps and all
appurtanences. I/We also consent to the formation of an 'Assessment District which will
authorize the City to levy an annual assessment, for up to 10 years, to collect on the property
tax bill, the portion of the costs attributed to the work along the frontage of my property. The
costs for this project have been calculated at $44.09 per lineal foot of frontage. Based on the
dimensions of this property, the assessment has been calculated at $2,645.88.
L No, I/We do not approve the alley project and/or assessment on this parcel.
NAME (PRINT & SIGNATURE)
)tJ:: /1. f-IrdzEL
7~~
CHU.¥~*!1f 91910
Please check either the YES or NO line above, print and sign names and return ballot to the
City of Chula Vista Public Works Department by 5:00 P.M. Friday, March 7, 1997.
(H'\HOME\ENGlNEERILANDDEV\93135104.FXR)
;2&
276 FOURTH AVE/CHULA VISTA. CALIFORNIA 91910 16191 691-5021
- !H-f-z;. C I", ¡'V1<'¡~+ 1(' -3
~U~
~-~
--'~-
_-_- """'<:0.-
--
ClN OF February 26, ] 997
CHULA VISTA File:0725-10-AD93-01
DEPARTMENT OF PUBLIC WORKS 0735-10-STL-232
ENGINEERING DIVISION
ASSESSMENT DISTRICT 93-01
ELM A VENUE ALLEY PROJECT - PROPERTY OWNER
BALLOT
Per Proposition 218, the "Right To Vote On Taxes Act", I/we the undersigned property owner(s)
of:
I!ØSECOND A1IVENÛE
Chula Vista, CA 91910
A.P.N. 573-351-05-00
_ Yes, I!We consent to the proposed assessment on this parcel in order to pay for the
construction of the missing alley improvements along the frontage of my property. The alley
improvements constructed included the following; concrete alley, speed bumps and all
appurtanences. I/We also consent to the formation of an Assessment District which will
authorize the City to levy an annual assessment, for up to 10 years, to collect on the property
tax bill, the portion of the costs attributed to the work along the frontage of my property. The
costs for this project have been calculated at $44.09 per lineal foot of frontage. Based on the
dimensions of this property, the assessment has been calculated at $2,645.88.
X No, I/We do not approve the alley project and/or assessment on this parcel.
, \
NAME (pRINT & SIGNATURE)
"- ..-
I
SUSIE HUGGINS LIVING TRUST C/O ERIC HUGGINS
EL CAJON, CA 92019
, J)7, '7-( ~ 1 f:Þ>-V---::J
-:-//¿"~
Please check either the YES or NO line above, print and sign names and return ballot to the
City of Chula Vista Public Works Department by 5:00 P.M. Friday, March 7, 1997.
Œ;\HOME\ENGINEER\LANDDEV\93135105.FXR)
;17
276 FOURTH AVE/CHULA VISTA, CALIFORNIA 919101619) 691-5021 -"._.__..-_.._---_._--_._-----~-
---------------_._--~--_.~..._._---
~Ut- I!--+-kc CI1111£1l+ f.- Lf
:--...=-~
......,;;~-....--
........"""""'"'-~....,."..
.........""""=>-- -
OlY OF February 26, 1997
CHULA VISfA FiJe:0725- I 0-AD93-01
DEPARTMENT OF PUBLIC WORKS 0735- I 0-STL-232
ENGINEERING DIVISION
ASSESSMENT DISTRICT 93-01
ELM A VENUE ALLEY PROJECT - PROPERTY OWNER
BALLOT
Per Proposition 218, the "Right To Vote On Taxes Act", I/we the undersigned property owner(s)
of:
.-sECOND AWNUE
Chula Vista, CA 91910
A.P.N. 573-351-06-00
- Yes, I/We consent to the proposed assessment on this parcel in order to pay for the
construction of the missing alley improvements along the frontage of my property. The alley
improvements constructed included the following; concrete alley, speed bumps and all
appurtanences. I/We also consent to the fonnation of an Assessment District which will
authorize the City to levy an annual assessment, for up to 10 years, to collect on the property
tax bill, the ponion of the costs attributed to the work along the frontage of my property. The
costs for this project have been calculated at $44.09 per lineal foot of frontage. Based on the
dimensions of this property, the assessment has been calculated at $2,645.88.
f- No, I/We do not approve the alley project and/or assessment on this parcel.
NAME (PRINT & SIGNATURE)
C'.- \-\ A.'<-\... "- ") I _ (V\ \ LL F1Z
CC:=:> .~
CHARLES T. MILLER
.,~.f.L -....-
CHULA VISTA, CA 91910
Please check either the YES or NO line above, print and sign names and return ballot to the
City of Chula Vista Public Works Department by 5:00 P.M. Friday, March 7, 1997.
(H,IHOMEIENGINEERILANDDEV\93135106.FXR)
:;;2i?'
276 FOURTH AVE/CHULA VISTA. CALIFORNIA 91910 1619) 691-5021
~u~ !I-If;cd, /11 ê IL + j¿- .---
.>
~~
~""""""-~......,.....
-- - -~
-- .......~
elN OF February 26, 1997
CHULA VISTA File:0725-10-AD93-01
DEPARTMENT OF PUBLIC WORKS 0735-10-STL-232
ENGINEERING DIVISION
ASSESSMENT DISTRICT 93-01
ELM A VENUE ALLEY PROJECT - PROPERTY OWNER
BALLOT
Per Proposition 218, the "Right To Vote On Taxes Act", I/we the undersigned property owner(s)
of:
"SECONDA~
Chula Vista, CA 91910
A.P.N. 573-351-07-00
_ Yes, I!We consent to the proposed assessment on this parcel in order to pay for the
construction of the missing alley improvements along the frontage of my property. The alley
improvements constructed included the following; concrete alley, speed bumps and all
appurtanences. I/We also consent to the formation of an Assessment District which will
authorize the City to levy an annual assessment, for up to 10 years, to collect on the property
tax bill, the ponion of the costs attributed to the work along the frontage of my property. The
costs for this project have been calculated at $44.09 per lineal foot of frontage. Based on the
dimensions of this property, the assessment has been calculated at $2,645.88.
£ No, I/We do not approve the alley project and/or assessment on this parcel.
NAME (PRINT & SIGNATURE)
#/'V 1 O/i} / cJ c- /J/¿;7/ýC¡~ Vt~Î+L ç, Ho ny-
-
a;r;W C· 'll~ ~ t7}U-~
.7 / C/
ANTONIO G. & MARTHA MONGE
- __lI"lT'- TT[¡
CHULA VISTA, CA 91910
Please check either the YES or NO line above, print and sign names and return ballot to the
City of Chula Vista Public Works Department by 5:00 P.M. Friday, March 7, 1997.
(H,IHOMEIENGINEERILANDDEVI93135107.FXR)
'--,/J
~~7
,I
276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910(6191 691-5021
- ---~~..'----' -.. -.--..,-.,--..,-,--. -- .._-".._.~-_._-,_..---_._--_..,._--_.-
--....----
~ {ft... /t-Hz:L (l-j.'V\e,ltf ¡Z- C
:-.~C!::I\/=-:": :--...:-:
en Y :JF CHUL!... '-liS ì A ~---:....~
......~- ~
.......- """'"--""""'-
~NG,~~~ê~:t~G wE?ï. erlY OF February 26, 1997
91 KAf{-7 AM ß: 01 CHUlA. VISTA File:0725-10-AD93-01
DEPARTMENT OF PUBLIC WORKS 0735-IO-STL-232
ENGINEERING DIVISION
ASSESSMENT DISTRICT 93-01
ELM A VENUE ALLEY PROJECT - PROPERTY OWNER
BALLOT
Per Proposition 218, :"~e "Right To Vote On Taxes Act", I/we the undersigned property owner(s)
of:
J SECOND AVENUE
Chula Vista, CA 91910
A.P.N. 573-351-08-00
¡ Yes, IIWe consent to the proposed assessment on this parcel in order to pay for the
construction of the missing alley improvements along the frontage of my property. The alley
improvements constructed included the following; concrete alley, speed bumps and all
appurtanences. IfWe also consent to the formation of an Assessment District which will
authorize the City to levy an annual assessment, for up to 10 years, to collect on the property
tax bill, the ponion of the costs attributed to the work along the frontage of my property. The
costs for this project have been calculated at $44.09 per lineal foot of frontage. Based on the
dimensions of this property, the assessment has been calculated at $2,645.88.
_ No, IIWe do not approve the alley project and/or assessment on this parcel.
NAME (PRINT & SIGNATURE)
8arba..ra 6, G/lmay¡
~~GGTLMAN
Lr .- -
CHULA VISTA, CA 91910
Please check either the YES or NO line above, print and sign names and return ballot to the
City of Chula Vista Public Works Department by 5:00 P.M. Friday, March 7, 1997.
20 (H,IHOMEIENGINEERILANDDEVI93135108.FXR)
-'
1 was n.d /Þ¡ -ßvvor of --fhe /rnprove mlj1.fs (Wht'vh ww. re~¡;ed-ed.
hA.j .h~ 0/3 ~OMd ~g~ of <u"o£¿ reop¿ moved... hl)ru~h)
but 'ftu. C0JFoiH£~CH~/;~jA~AL~~~/:;910~~,.:~/d[Þ¿ ~ b(1'
~J~ 4I1-1ú ll71[(\.+ K--7
:--~~
~~~~
--=>-- -
CllY OF February 26, 1997
CHUIA VISTA FiJe: 0725-1 0- AD93-0 1
DEPARTMENT OF PUBLIC WORKS 0735-1O-STL-232
ENGINEERING DIVISION
ASSESSMENT DISTRICT 93-01
ELM A VENUE ALLEY PROJECT - PROPERTY OWNER
BALLOT
Per Proposition 218, the "Right To Vote On Taxes Act", I/we the undersigned property owner(s)
of:
"SECOND A~UE
Chula Vista, CA 91910
A.P.N. 573-351-09-00
,
.¿ Yes, I/We consent to the proposed assessment on this parcel in order to pay for the
construction of the missing alley improvements along the frontage of my property. The alley
improvements constructed included the following; concrete alley, speed bumps and all
appurtanences. UWe also consent to the formation of an Assessment District which will
authorize the City to levy an annual assessment, for up to 10 years, to collect on the property
tax bill, the portion of the costs attributed to the work along the frontage of my property. The
costs for this project have been calculated at $44.09 per lineal foot of frontage. Based on the
dimensions of this property, the assessment has been calculated at $2,645.88.
_ No, IIWe do not approve the alley project and/or assessment on this parcel.
NAME (P~T & SIGNATURE) .
./ t / //Y Q J~-:-~
!<A ð;2.--w 11v.} IJ.J tt It II --- fI' r.¿r?//A--- ¿Þ7æ .
L-! L.ý /~JIt.,J gr7ft - ~~ ""l/.4?~)
IWASHITA FAMILY TRUST
CHULA VISTA, CA 91910
Please check either the YES or NO line above, print and sign names and return ballot to the
City of Chula Vista Public Works Department by 5:00 P.M. Friday, March 7, 1997.
(H,IHOMEIENGlNEERILANDDEV\93135109.FXR)
3/
276 FOURTH AVE/CHULA VISTA. CALIFORNIA 91910 1619) 691-5021
--". - ---- --.---- --_....,.--_.~---------._.._._-- -_._---~---
~J~ 4-1!-t-L~e^-+ 1<- >;
~~-=
-.-~-:....~
----~-:....~
.......-~""""-
On' OF February 26, 1997
CHULA VISfA FiJe:0725-10-AD93-01
DEPARTMENT OF PUBLIC WORKS 0735-] 0-STL-232
ENGINEERING DIVISION
ASSESSMENT DISTRlCT 93-01
ELM AVENUE ALLEY PROJECT - PROPERTY OWNER
BALLOT
Per Proposition 218, the "Right To Vote On Taxes Act", I/we the undersigned property owner(s)
of: ~ARNEY !rrR.:SET
Chula Vista, CA 91910
A.P.N. 573-351-11-00
_ Yes, IfWe consent to the proposed assessment on this parcel in order to pay for the
construction of the missing alley improvements along the frontage of my property. The alley
improvements constructed included the following; concrete alley, speed bumps and all
appurtanences. I/We also consent to the fonnation of an Assessment District which will
authorize the City to levy an annual assessment, for up to 10 years, to collect on the property
tax bill, the portion of the costs attributed to the work along the frontage of my property.· The
costs for this project have been calculated at $44.09 per lineal foot of frontage. Based on the
dimensions of this property, the assessment has been calculated at $5,139.22.
.L No, I/We do not approve the alley project and/or assessment on this parcel.
,
NAME (PRlNT & SIGNATURE)
1kvidK v;
'i'è{/Á/:¡;-6?~ ~
DAVID R. VEGA
......
CHULA VISTA, CA 91910
Please check either the YES or NO line above, print and sign nam~s and return ballot to the
City of Chula Vista Public Works Department by 5:00 P.M. Friday, March 7, 1997.
(H,\HOME\ENGINEER\LANDDEV\9313511 1.FXR)
32-
276 FOURTH AVE/CHULA VISTA. CALIFORNIA 91910'(619) 691.5021
-.., ~~~ ""'\ A-I-ff<-<-!-mel'-f- 1<-1/
,
::~--~
- - -
:~~~
ellY OF February 27, 1997
CHUIA VISTA File:0725-1 0-AD93-O 1
DEPARTMENT OF PUBLIC WORKS 0735-1O-STL-232
ENGINEERING DIVISION
ASSESSMENT DISTRICT 93-01
ELM A VENUE ALLEY PROJECT - PROPERTY OWNER
BALLOT
Per Proposition 218, the "Right To Vote On Taxes Act", I/we the undersigned property owner(s)
of: \t'
"'J" Stieet
Chula Vista, CA 91910
APN: 573-351-13
~ Yes, I/We consent to the proposed assessment on this parcel in order to pay for the
construction of the missing alley improvements along the frontage of my property. The alley
improvements constructed included the following; concrete alley, speed bumps and all
appurtanences. I/We also consent to the formation of an Assessment District which will authorize
the City to levy an annual assessment, for up to 10 years, to collect on the property tax bill, the
portion of the costs attributed to the work along the frontage of my property. The costs for this
project have been calculated at $44.09 per lineal foot of frontage. Based on the dimensions of this
property, the assessment has been calculated at $4,409.80.
_ No, I/We do not approve the alley project and/or assessment on this parcel.
NAME (pRINT & SIGNATURE)
mð-t2.RlJ~ - C;
Di!..M4 111+ uFo - "?JHn?.<.. ~-
'.o!ßtvfdYN~~fo
Chula Vista, CA 9~1910
Please check either the YES (lr NO line above, priDt amI sign nzmes and return ballot to the City
of Chula Vista Public Works Dep;¡runent by 5:00 P.M. Friday, March 7, 1997. .
(H,\HOMEIENGINEER\LANDDEV\ELMBALOT.FRM
33-
276 FOURTH AVE/CHULA VISTA. CALIFORNIA 91910/(619) 691-5021
_._..._. _..ow --- - -- -------_._.._._-_.~._._----~ --------^""
~ (f?. A/+tU!\.-I1"C-f'. f /¿ - I~'
:--~~~
..-....,;.~""""""-""'""'-
~~--:.....
~- - """-
ClN OF February 26, 1997
CHUlA VISTA Fjle:0725-10-AD93-01
DEPARTMENT OF PUBLIC WORKS 0735-10-STL-232
ENGINEERING DIVISION
ASSESSMENT DISTRICT 93-01
ELM A VENUE ALLEY PROJECT - PROPERTY OWNER
BALLOT
Per Proposition 218, the "Right To Vote On Taxes Act", I/we the undersigned property owner(s)
of:
~Elæ Avenue
Chula Vis , CA 91910
A.P.N. 573-351-16-00
~ Y es, I~ consent to the proposed assessment on this parcel in order to pay for the
construction of the missing alley improvements along the frontage of my property. The alley
improvements constructed included the following; concrete alley, speed bumps and all
appurtanences. I/We also consent to the formation of an Assessment District which will
authorize the City to levy an annual assessment, for up to 10 years, to collect on the property
tax bill, the portion of the costs attributed to the work along the frontage of my property. The
costs for this project have been calculated at $44.09 per lineal foot of frontage. Based on the
dimensions of this property, the assessment has been calculated at $2,204.90.
_ No, I/We do not approve the alley project and/or assessment on this parcel.
NAME (pRINT & SIGNATURE)
117/1/è') G. UN&E(Q þV
- 77'7.1V'""Õ . V./J? "3~
J
c:::a-á..-J-~ Û?-'/'<Y7 ¿.:6-1...e--t~ 7-'7, q L,l. >1'JLßc~ ~¿t''2/</
t/ (j !/~,{ (/
JACK & MARY G. UNGER 7?78Ý
Please check either the YES or NO line above, print and sign names and return ballot to the
City of Chula Vista Public Works Department by 5:00 P.M. Friday, March 7, 1997.
(KIHOMEIENGINEERILANDDEVI93135116.FXR)
3/
276 FOURTH AVE/CHULA VISTA. CALIFORNIA 91910/619) 691.5021
~\~ A&d-mur!-/(- ~
2-$~~
-~-.........
--:;....--
ClN OF
CHULA VISfA February 26, 1997
DEPARTMENT OF PUBLIC WORKS FiJe:0725-10-AD93-01
ENGINEERING DIVISION 0735-1O-STL-232
ASSESSMENT DISTRICT 93-01
ELM A VENUE ALLEY PROJECT - PROPERTY OWNER
BALLOT
Per Proposition 218, the "Right To Vote On Taxes Act", I/we the undersigned property owner(s)
of:
718 E*e
Chula Vis 1910
A.P.N. 573-351-17-00
à Yes, I!We consent to the proposed assessment on this parcel in order to pay for the
construction of the missing alley improvements along the frontage of my property. The alley
improvements constructed included the following; concrete alley, speed bumps and all
appurtanences. I/We also consent to the formation of an Assessment District which will
authorize the City to levy an annual assessment, for up to 10 years, to collect on the property
tax bill, the portion of the costs attributed to the work along the frontage of my property. The
costs for this project have been calculated at $44.09 per lineal foot of frontage. Based on the
dimensions of this property, the assessment has been calculated at $2,204.90.
_ No, I/We do not approve the alley project and/or assessment on this parcel.
NAME (PRINT & SIGNATURE)
_í0rJ ---LJ () fCf~ ~
<:~ \..1 S \.;z (V\\.i~r\-\·-1 <.;¡,.~~, .
Ö .J II \.A ilA/1 ß{~.---.
\ , /
CHULA VISTA, CA 91910
Please check either the YES or NO line above, print and sign names and return ballot to the
City of Chula Vista Public Works Department by 5:00 P.M. Friday, March 7, 1997.
(H:\HOME\ENGINEER\LANDDEV\93135117.FXR)
35
276 FOURTH AVE/CHULA VISTA. CALIFORNIA 91910(619) 691·5021 .-.-.',.-.-..-----.-.- _......._-'-_._._---_..~---
- -~--_._-----_._.,...._-_._._.;._..__._-~_._--_._~---_.-.--.--.----
~{~ A-If¿~ ¿Inl tni ¡<-¡;"--
,'_ _:-._:::;:: 'l~~ ~~-:~
. t j Y , ~ :~;;; . . ...... . ..t ......."'"""--:............
.... r ,'" _:~'-...~... 'r!~ _ .......- ""'"'"-"""""-
':'".Nl';~':-'-.( ~w',-: :":~~:; CITY OF February 26, 1997
... '-'......
97 ~:AR - r Mf 9 CHULA VISTA File:0725-10-AD93-01
. ~f DEPARTMENT OF PUBLIC WORKS 0735-1O-STL-232
ENGINEERING DIVISION
ASSESSMENT DISTRICT 93-01
ELM A VENUE ALLEY PROJECT - PROPERTY OWNER
BALLOT
Per Proposition 218, the "Right To Vote On Taxes Act", l/we the undersigned property owner(s)
of:
"Elm Avenue
Chula Vista, CA 91910
A.P.N. 573-351-18-00
- Yes, l/We consent to the proposed assessment on this parcel in order to pay for the
construction of the missing alley improvements along the frontage of my property. The alley
improvements constructed included the following; concrete alley, speed bumps and all
appurtanences. I/We also consent to the fonnation of an Assessment District which will
authorize the City to levy an annual assessment, for up to 10 years, to collect on the property
tax bill, the portion of the costs attributed to the work along the frontage of my property. The
costs for this project have been calculated at $44.09 per lineal foot of frontage. Based on the
dimensions of this property, the assessment has been calculated at $2,204.90.
X No, I/We do not approve the alley project and/or assessment on this parcel.
NAME (PRINT & SIGNATURE) .
)J "v;ol f fì:1 ( ì:2Þ f:;fj .
Li " d ð fh 'n ~ II ).:"{!,, :h. - ¿ ~
DAVID L. & LINDA M. HALL
Please check either the YES or NO line above, print and sign names and return ballot to the
City of Chula Vista Public Works Department by 5:00 P.M. Friday, March 7, 1997.
(H:\HOME\ENGINEERILANDDEV\93135118.FXR)
2r
.:5.(¿;?
276 FOURTH AVE/CHULA VISTA, CALIFORNIA 9191016191 691.5021
~\~ M-b CAMe:rcf- k-/3
=-$-=~
---.- ~ -
-- --
Cln' OF February 26, 1997
CHULA VISfA File:0725-10-AD93-01
DEPARTMENT OF PUBLIC WORKS 0735-10-STL-232
ENGINEERING DIVISION
ASSESSMENT DISTRICT 93-01
ELM A VENUE ALLEY PROJECT - PROPERTY OWNER
BALLOT
.
Per Proposition 218, the "Right To Vote On Taxes Act", IIwe the undersigned property owner(s)
AÇ·
v..
.Elm~lUe
Chula Vista, CA 91910
A.P.N. 573-351-19-00
Y Yes, I/We consent to the proposed assessment on this parcel in order to pay for the
conStruction of the missing alley improvements along the frontage of my property. The alley
improvements constructed included the following; concrete alley, speed bumps and all
appurtanences. IIWe also consent to the formation of an Assessment District which will
authorize the City to levy an annual assessment, for up to 10 years, to collect on the property
tax bill, the portion of the costs attributed to the work along the frontage of my property. The
costs for this project have been calculated at $44.09 per lineal foot of frontage. . Based on the
dimensions of this property, the assessment has been calculated at $2,204.90.
_ No, IIWe do not approve the alley project and/or assessment on this parcel.
NAME (pRINT & SIGNATURE) . .'. .
(f)p,:fi k ~~i?íÕfS¡¿ (f:1d j(A0~/-£
fìA~ \ ~ \ i\Jaï<.-\-o\\1 D ~\L I-. ~ '"\~
ORAL K. Sr. & ADELE L. NORTON TRUST
III
SAN YSIDRO, CA 92143
Please check either the YES or NO line above, print and sign names and return ballot to the
City of Chula Vista Public Works Department by 5:00 P.M. Friday, March 7, 1997.
(H:\HOMEIENGINEER\LANDDEV\9313S119.FXR)
37
276 FOURTH AVEICHULA VISTA. CALIFORNIA 91910 (619) 691-5021
--_.__.."---~..,-_.~--" - ".,. ---------_.._-~..._--------_._.._----,--_.~-_.~._,.-._.__.. _._---_..__.._-- .-.'.---------
~J~ /Wf¡<-{ /-rnC'1t:/- j!- \-i.
~~-:~
"'"'-~~-:.,....
-- --
Cl1Y OF February 26, 1997
(HULA VISTA File:0725-10-AD93-01
DEPARTMENT OF PUBLIC WORKS 0735-IO-STL-232
ENGINEERING DIVISION
ASSESSMENT DISTRICT 93-01
ELM A VENUE ALLEY PROJECT - PROPERTY OWNER
BALLOT
Per Proposition 218, the "Right To Vote On Taxes Act", I/we the undersigned property owner(s)
of:
.... Elm .nue
Chula Vista, CA 91910
A.P.N. 573-351-20-00
- Yes, I/We consent to the proposed assessment on this parcel in order to pay for the
construction of the missing alley improvements along the frontage of my property. The alley
improvements constructed included the following; concrete alley, speed bumps and all
appurtanences. I/We also consent to the fonnation of an Assessment District which will
authorize the City to levy an annual ass(;ssment, for up to 10 years, to collect on the property
tax bill, the portion of the costs attributed to the work along the frontage of my property. Tbe
costs for this project have been calculated at $44.09 per lineal foot of frontage. Based on the
dimensions of this property, the assessment bas been calculated at $2,204.90.
'i- No, I/We do not approve the alley project and/or a~sessment on this parcel.
NAME (pRINT & SIGNATURE)
hOD\S& Þ. Gr¡fe
I .
j.
CHULA VISTA, CA 91910
Please check either the YES or NO line above, print and sign names and return ballot to the
City of Chula Vista Public Works Department by 5:00 P.M. Friday, March 7, 1997.
(H'\HOMEIENGINEER\LANDDEV\93135120.FXR)
."
38'
276 FOURTH AVE/CHULA VISTA. CALIFORNIA 91910'1619) 691-5021
"- ,--.,.. ~{{, --
,. /' . ~~ /fI1-¡¿¿/VJltllf i-¡1 \.
~~~~
CllY OF February 27, 1997
CHUlA VISTA File:0725-10-AD93-01..
DEPARTMENT OF PUBLIC WORKS 0735-1O-STL-232
ENGINEERING DIVISION
ASSESSMENT DISTRICT 93-01
ELM A VENUE ALLEY PROJECT - PROPERTY OWNER
BALLOT
Per Proposition 218, the "Right To Vote On Taxes Act", l/we the undersigned property owner(s)
of:
"Elm Avenue
Chula Vista, CA 91910
APN: 573-351-23
_ Yes, I/We consent to the proposed assessment on this parcel in order to pay for the
construction of the missing alley improvements along the frontage of my property. The alley
improvements constructed included the following; concrete alley, speed bumps and all
appunanences. IIWe also consent to the fonnation of an Assessment District which will authorize
the City to levy an annual assessment, for up to 10 years, to collect on the property tax bill, the
portion of the costs attributed to the work along the frontage of my property. The costs for this
project have been calculated at $44.09 per lineal foot of ÍÌ'ontage. Based on the dimensions of this
property, the assessment has been calculated at $4,037.20.
X No, IIWe do not approve the alley project and/or
NAME~mN TURE~
£Oß~R) ~Ap~ O/~.~ 7/97
j1;;Æ4 t! (thol1 ~,Ú),~4~ 11-7-7/
Leobardo & Maria E. Ochoa
~
Chu1a Vista, CA 91910 ...
NaV 1987
Please check either the YES or NO line above, print and sign names and return ballot to4hÿ.City__
of Chula Vista Public Works Department by 5:00 P.M. Friday, March 7, 1997. .., .' > ¡
. ~«o ,'; to-i,'
Œ:\HOME\ENGINEER\LANDDEV\ELMBALOT .FRM
3;
276 FOURTH AVE/CHULA VISTA. CALIFORNIA 91910'(619) 691·5021
~._-.-.__._~------~~...~- --,~~"-_._-- .__._'"--_...._-~_._-"---....-
..
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