HomeMy WebLinkAboutAgenda Packet 1999/07/13
CALL TO ORDER
AGENDA
-llIeelere lInder penalty of perjury that I am
employed by the City of Chula Vista in the
Office of the City Clerk and that I posted
this AgendafNotice on the Bulletin Board at
the Public S rvi es Building and ity Hall on
DATED SIGNED
ROLL CALL: Councilmembers oot, Padilla,
6:00 p.m.
July 13, 1999
1.
..
, and Mayor Horton.
2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
3 . APPROVAL OF MINUTES ofJune 8, 1999 (Regular Meeting ofthe City Council), June
8, 1999 (Adjourned Joint Meeting of the City Council/Redevelopment Agency), June 15,
1999, June 16,1999, and June 17,1999 (Adjourned Meetings of the City Council).
4. SPECIAL ORDERS OF THE DAY
A. Employee Recognition Award of the Month - Scott Bernard, Management and
Information Services.
B. Congratulating Christopher Franco of Hilltop High School for placing third in the
State Science Fair.
C. Oath of Office:
Board of Ethics - Teresa Thomas and Kenneth Culver; and
Mobilehome Rent Review Commission - Edmund "Pat" LaPierre.
D. Presentation of certificate of appreciation to High School Artist Jennifer Hodge by
former Councilmember Leonard Moore.
CONSENT CALENDAR
(Items 5 through 14)
The staff recommendations regarding the following items listed under the Consent
Calendar will be enacted by the Council by one motion, without discussion, unless
a Councilmember, a member of the public, or City staffrequests that the item be
removedfor discussion. If you wish to 5peak on one of these items, please fill out a
"Request to Speak" form (available in the lobby) and submit it to the City Clerk
prior to the meeting. Items pulledfrom the Consent Calendar will be discussed after
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 his knowledge from
observance of actions taken in Closed Session on June 29,1999, that there were no
actions taken which are required under the Brown Act to be reported
Staff recommendation: The letter be received and filed.
6.A. RESOLUTION 19510, APPROVING FIRST AMENDMENT TO THE CONTRACT WITH
THE CHULA VISTA CHAMBER OF COMMERCE TO PROVIDE CHULA VISTA
CONVENTION AND VISITORS BUREAU PROMOTION SERVICES (CONTINUED
FROM JUNE 29, 1999)
Agenda
2
July 13, 1999
B. RESOLUTION 19511, APPROVING FIFTH AMENDMENT TO THE CONTRACT WITH
THE CHAMBER OF COMMERCE TO PROVIDE VISITOR AND TRANSIT
INFORMATION SERVICES AT THE CHULA VISTA VISITOR INFORMATION
CENTER AND CHAMBER OF COMMERCE MAIN OFFICE
Pursuant to Council Policy Number 230-0 I, staffhas negotiated a contract extension with the
Chula Vista Chamber of Commerce for operation of a Chula Vista Convention Center and
Visitors Bureau and the performance of certain designated visitor and convention promotional
services. This proposed contract runs through the end of fiscal year 1999/2000. A
corresponding one year extension to the existing contract with the Chamber for operation of
the Visitor Information Center is also recommended. Since Council policy stipulates a review
five years after its adoption date, staff intends to bring a mid-year report to Council fully
examining the five-year history of the Chula Vista Convention & Visitors Bureau and
operation of the Visitor Center with recommendations for future operations.
Staff recommendation: Council adopt the resolutions. (Administration)
7. RESOLUTION 19519, AUTHORIZING THE MAYOR TO EXECUTE AN
AMENDMENT TO THE EXISTING CONTRACT WITH THE COUNTY OF SAN
DIEGO FOR RECEIPT OF FINANCIAL ASSISTANCE IN THE AMOUNT OF $6,500 TO
SUPPORT THE DESIGNATION OF CHULA VISTA HARBOR AS THE SOUTHERN
HOME PORT OF THE TALL SHIP CALIFORNIAN
The City's agreement with the Nautical Heritage Society to designate Chula Vista harbor as
the Southern Home Port of the tall ship Californian requires that the City make a $27,665
grant in FY 1999-2000 to the ship's organization. In consideration of the value of the ship
as a shared community asset, the County has allocated $6,500 of its Community Enhancement
Funds to support this service.
Staff recommendation Council adopt the resolution. (Public Information Officer)
8.A. RESOLUTION 19520, ACCEPTING A REGIONAL HOUSEHOLD HAZARDOUS
WASTE GRANT HD7-98-2828 FOR $257,070 FROM THE CALIFORNIA INTEGRATED
WASTE MANAGEMENT BOARD AND AUTHORIZING THE CITY MANAGER TO
COMPLETE ALL DOCUMENTS IN CONJUNCTION WITH EXECUTING THE GRANT
B. RESOLUTION 19521, AMENDING FISCAL YEAR 1999/2000 BUDGET TO INCLUDE
THE HOUSEHOLD HAZARDOUS W ASTEEDUCATlON AND DISPOSAL PROGRAM,
ADDING TWO TEMPORARY, PART-TIME POSITIONS (1.50 STAFF YEARS) IN
UNCLASSIFIED SERVICE IN THE WASTE MANAGEMENT AND RECYCLING
PROGRAMS AND APPROPRIATING FUNDS THEREFOR (4/5TH'S VOTE
REQUIRED)
On January 19, 1999, Council approved a household hazardous waste grant application to the
California Integrated Waste Management Board. The grant requested $298,500 to fund a
regional household hazardous waste drop-off and education program. The California
Integrated Waste Management Board has responded with an award of$257,070.
Staff recommendation: Council adopt the resolutions. (Special Operations Manager)
Agenda
3
July 13, 1999
9. RESOLUTION 19522, AMENDING THE FISCAL YEAR 1999/2000 BUDGET AND
APPROPRIATING $7,250 TO THE LIBRARY AND RECREATION DEPARTMENT
FOR EXPENDITURES ASSOCIATED WITH THE SUMMER CONCERT SERIES
(4/5TH'S VOTE REQUIRED)
The City ofChula Vista Summer Concert Series is supported by donations which fund the
expenses of the entertainment and artists fees. The season began on June 13, 1999, and will
end on August 29, 1999. Donations have been received from: The Corky McMillin
Companies; Daewoo Motor America, Inc.; The Viejas Band of Kumeyaay Indians; Duke
Energy South Bay; Pacific Bay Homes LLC; Pacific Waste Systems, BF Goodrich Aerospace;
and Jerome's Furniture.
Staff recommendation: Council adopt the resolution. (Library and Recreation Director)
10. RESOLUTION 19523, ACCEPTING A GRANT FROM CALIFORNIA HEALTHY
CITIES AND COMMUNITIES; AND AMENDING THE FISCAL YEAR 1999/2000
BUDGET BY APPROPRIATING UNANTICIPATED ST ATE GRANT FUNDS TO THE
BUDGET OF THE LIBRARY AND RECREATION DEPARTMENT IN THE AMOUNT
OF $3,000 FOR EQUIPMENT FOR CONDUCTING HEALTHY CITIES AND
COMMUNITIES ACTIVITIES, AND AUTHORIZING THE LIBRARY AND
RECREATION DIRECTOR TO SIGN THE FUNDING AGREEMENT (4/5TH'S VOTE
REQUIRED)
The City was recently notified ofthe award of a $3,000 "Mini Grant" from California Healthy
Cities and Communities for the upgrade and enhancement of computer and computer related
equipment to facilitate the City's administration of two California Healthy Cities projects.
This equipment will streamline communications with Healthy Cities administrators and other
Healthy Cities around the region and state, as well as to enhance publicity and promotions for
current projects.
Staff recommendation: Council adopt the resolution. (Library and Recreation Director)
11. RESOLUTION 19524, AWARDING PURCHASE AGREEMENT FOR ONE DRAIN
CLEANING TRUCK THROUGH A COOPERATIVE PURCHASE WITH THE CITY OF
SAN DIEGO
The fiscal year 1999/2000 Public Works Operations/Sewer Maintenance Budget provides for
the purchase of a drain cleaning truck. The City's Municipal Code Section 2.56.270 and
Council Resolution 6132 authorize the Purchasing Agent to participate in cooperative bids
with other government agencies for the purchase of materials of common usage. The City,
therefore, has the right to, and is participating in, a current City of San Diego bid from Dion
International Trucks, Inc.
Staff recommendation: Council adopt the resolution. (DirectorofPublic Works and Director
of Finance)
Agenda
4
July 13, 1999
12. RESOLUTION 19525, ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
"PAVEMENT REHABILITATION PROGRAM FOR EASTLAKE 1, UNIT 21,
(FIELDSTONE DEVELOPMENT) IN THE CITY (STL245)" PROJECT
This project is being funded through a settlement agreement reached with Fieldstone
Development. There are five streets within this development to be rehabilitated. These
streets consist of three cul-de-sacs: Crosscreek Road, Coldbrook Court, and Willowbrook
Court; and two through streets: Creekwood Way and Meadowbrook Lane. Four of the five
streets (Crosscreek Road, Coldbrook Court, Meadowbrook Lane, and Willowbrook Court)
will require a complete reconstruction of the pavement section. The remaining street,
Creekwood Way, will only require a one and a half (1 v,,) inch asphalt concrete overlay.
Staff recommendation: Council adopt the resolution. (Director of Public Works)
13. REPORT ON THE APPLICATION FOR THE FORMATION OF COMMUNITY
FACILITIES DISTRICT NUMBER 99-1 (OTAY RANCH SPA ONE - PORTIONS OF
VILLAGES ONE AND FIVE AND VILLAGE ONE WEST)
A. RESOLUTION 19526, APPROVING THE INITIATION OF PROCEEDINGS TO
CONSIDER THE FORMATION OF COMMUNITY FACILITIES DISTRICT NUMBER
99-1 (OTAY RANCH SPA ONE - PORTIONS OF VILLAGES ONE AND FIVE AND
VILLAGE ONE WEST)
B. RESOLUTION 19527, APPROVING A REIMBURSEMENT AGREEMENT WITH OTAY
PROJECT LLC ASSOCIATED WITH THE FORMATION OF COMMUNITY
FACILITIES DISTRICT NUMBER 99-1 (OTAY RANCH SPA ONE - PORTIONS OF
VILLAGES ONE AND FIVE AND VILLAGE ONE WEST) AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
C. RESOLUTION 19528, WAIVING THE CONSULTANT SELECTION PROCESS AS
IMPRACTICAL AND APPROVING AGREEMENTS WITH BRUCE W. HULL &
ASSOCIATES TO PROVIDE APPRAISAL SERVICES AND WITH THE MEYERS
GROUP TO PREPARE A MARKET ABSORPTION STUDY ASSOCIATED WITH
COMMUNITY FACILITIES DISTRICT NUMBER 99-1 (OTAY RANCH SPA ONE-
PORTIONS OF VILLAGES ONE AND FIVE AND VILLAGE ONE WEST) AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS
In compliance with Council Policy, Otay Project LLC has submitted an application for
establishing Community Facilities District Number 99-1 to fund the construction of certain
improvements serving the Otay Ranch SPA One properties in the amount of approximately
$33.0 million. Staff has reviewed the application and determined that the financial
information provided is preliminary and general in nature and that a complete analysis on the
financial feasibility of the project can not be made at this time. Staff considers that adequate
information and analysis will be generated during district formation for evaluating the
developer's financial ability to bring the project to completion in compliance with City's
criteria.
Staff recommendation: Council adopt the resolutions. (Director of Public Works)
Agenda
5
July 13, 1999
14.A. RESOLUTION 19529, ADOPTING BOUNDARY MAP SHOWING TERRITORY
PROPOSED TO BE ANNEXED IN THE FUTURE TO A COMMUNITY FACILITIES
DISTRICT (OT A Y RANCH SPA ONE - PORTIONS OF VILLAGES ONE, VILLAGE
FIVE AND VILLAGE ONE WEST)
B. RESOLUTION 19530, DECLARING ITS INTENTION TO ESTABLISH COMMUNITY
FACILITIES DISTRICT NUMBER 99-1 (OTAY RANCH SPA ONE - PORTIONS OF
VILLAGES ONE, VILLAGE FIVE AND VILLAGE ONE WEST) AND TO AUTHORIZE
THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE THE ACQUISITION OF
CERTAIN FACILITIES
C. RESOLUTION 19531, ORDERING AND DIRECTING THE PREPARATION OF A
REPORT FOR PROPOSED COMMUNITY FACILITIES DISTRICT NUMBER 99-1
(OTAY RANCH SPA ONE - PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND
VILLAGE ONE WEST)
D. RESOLUTION 19532, DECLARING INTENTION TO ISSUE BONDS SECURED BY
SPECIAL TAXES TO PAY FOR THE ACQUISITION OF CERTAIN FACILITIES IN
COMMUNITY FACILITIES DISTRICT NUMBER 99-1 (OTAY RANCH SPA ONE-
PORTIONS OF VILLAGES ONE, VILLAGE FIVE AND VILLAGE ONE WEST)
E. RESOLUTION 19533, ADOPTING A BOUNDARY MAP SHOWING THE
BOUNDARIES OF THE TERRITORY PROPOSED FOR THE INCLUSION IN
PROPOSED COMMUNITY FACILITIES DISTRICT NUMBER 99-1 (OT A Y RANCH
SPA ONE - PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE
WEST)
F. RESOLUTION 19534, DECLARING INTENTION TO AUTHORIZE THE FUTURE
ANNEXATION OF TERRITORY TO A COMMUNITY FACILITIES DISTRICT 99-1
(OTAY RANCH SPA ONE - PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND
VILLAGE ONE WEST)
Otay Ranch L.P. has requested the City to initiate proceedings to form a Community Facilities
District Number 99-1 for the acquisition or construction of public facilities serving their
properties on Villages One, One West, and Five. Tonight's action will provide the proposed
rate and method of apportionment for the district, establish a boundary map, describe the
authorized improvements, direct the special tax consultant to prepare the Special Tax Report
and set the public hearing for the district for August 3, 1999. Council will also be initiating
annexation in the future proceedings for certain parcels in Villages Five and One West not
currently owned by Otay Ranch L.P.
Staff recommendation: Council adopt the resolutions. (Director of Public Works)
ORAL COMMUNICATIONS
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 a "Request to
Speak" form (available in the lobby) and submit it to the City Clerk prior to the
meeting.
Agenda
6
July 13, 1999
15. PUBLIC HEARING ON OPEN SPACE DISTRICTS 1-9, 11, 15, 17, 18,20,23,24,26,31,
33, AND EASTLAKE MAINTENANCE DISTRICT NUMBER 1 FOR FISCAL YEAR
1999/2000
RESOLUTION 19535, ORDERING CERTAIN OPEN SPACE AND MAINTENANCE
FACILITIES TO BE MAINTAINED, APPROVING MODIFICATION TO THE
ENGINEER'S REPORT AND LEVYING THE ASSESSMENTS FOR FISCAL YEAR
1999/2000 LEVY OF ASSESSMENTS FOR CITY OPEN SPACE DISTRICTS 1-9, 11, 15,
17,18,20,23,24,26,31,33, AND EASTLAKE MAINTENANCE DISTRICT NUMBER
1
In accordance with the City's Municipal Code Section 17.07, the City Engineer prepared
reports on the spread of assessments of the open space districts. The reports were accepted
and the required public hearings were set by Council at its meeting of May 18, 1999. The
first public hearing was conducted on June 22, 1999. The agenda statement includes
information related to the above districts and general information related to Open Space
District 10 and Open Space District 14.
Staff recommendation: Council open the public hearing, take testimony, and close the public
hearing; direct staff to tally all protests; adopt the resolution; and authorize staff to begin the
process of determining assessments for fiscal year 2000/2001. (Director of Public Works)
16. PUBLIC HEARING ON OPEN SPACE DISTRICT NUMBER 10 FOR FISCAL YEAR
1999/2000
RESOLUTION 19536, ORDERING CERTAIN OPEN SPACE AND MAINTENANCE
FAClLITIES TO BE MAINTAINED, APPROVING MODIFICATION TO THE
ENGINEER'S REPORT AND LEVYING ASSESSMENTS FOR FISCAL YEAR
1999/2000 FOR OPEN SPACE DISTRICT NUMBER 10
Based on the advice of the City Attorney, this item has been separated due to conflict of
interest concerns. Two Councilmembers own property subject to the proposed assessment
in this district.
Staff recommendation: Council open the public hearing, take testimony, and close the public
hearing; direct staff to tally all protests; and adopt the resolution. (Director of Public Works)
17. PUBLIC HEARING ON OPEN SPACE DISTRICT NUMBER 14 FOR FISCAL YEAR
1999/2000
RESOLUTION 19537, ORDERING CERTAIN OPEN SPACE AND MAINTENANCE
FACILITIES TO BE MAINTAINED, APPROVING MODIFICATION TO THE
ENGINEER'S REPORT AND LEVYING ASSESSMENTS FOR FISCAL YEAR
1999/2000 FOR OPEN SPACE DISTRICT NUMBER 14
Based on the advice of the City Attorney, this item has been separated due to conflict of
interest concerns. Two Council members own property subject to the proposed assessment
in this district.
Staff recommendation: Council open the public hearing, take testimony, and close the public
hearing; direct staff to tally all protests; and adopt the resolution. (Director of Public Works)
Agenda
7
July 13, 1999
18. PUBLIC HEARING ON PCM-97-11A, REQUEST TO AMEND THE OTAY RANCH
GENERAL DEVELOPMENT PLAN PHASE TWO RESOURCE MANAGEMENT PLAN
- APPLICANT: THE OT A Y RANCH COMPANY
RESOLUTION 19538, APPROVING AN AMENDMENT TO THE OTAY RANCH
PHASE TWO RESOURCE MANAGEMENT PLAN
The Otay Ranch Company has applied to amend the Otay Ranch Phase Two Resource
Management Plan to implement the recently approved Otay Ranch General Development
Plan/Sub-Regional Plan and SPA One amendments for Village One and Village One West by
revising the Resource Management Plan Preserve Map and text. The map amendment will
add development areas in Village One and Village One West in exchange for adding open
space areas in Villages 13 and 15. In addition, amendments to the Resource Management
Plan text and tables are proposed to implement the applicant's agreement with the wildlife
agencies.
Staff recommendation: Council adopt the resolution. (Director of Planning and Building)
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 public. The
items will be considered individually by the Council, and staff recommendations
may, in certain cases, be presented in the alternative. If you wish to speak on any
item, please fill out a "Request to Speak "form(available in the lobby) and submit
it to the City Clerk prior to the meeting.
19. RESOLUTION 19539, ADOPTING THE REGIONAL HOUSING NEEDS STATEMENT
FOR THE PERIOD 1999/2004 AND ADOPTING THE REGIONAL SHARE
ALLOCATIONS AND AFFORDABLE HOUSING GOALS THEREIN
Pursuant to State law, the City and other jurisdictions in the region are in the process of
preparing Housing Element updates for the 1999/2004 planning period. The 1999/2004
Housing Element Update must be completed and adopted by December 31, 1999. Staff is in
the process of preparing this document and expects adoption of the Element by the City by
December 6, 1999. Council is being asked at this time to adopt the Regional Housing Needs
Statement and the Regional Share Allocations and Affordable Housing Goals therein to be
used in the City's preparation of the draft Housing Element. The Regional Housing Needs
Statement is used in the analysis of the City's housing needs and to develop goals, objectives,
and programs to address those identified needs.
Staff recommendation: Council adopt the resolution. (Director of Community Development
and Director of Planning and Building)
Agenda
8
July 13, 1999
20. RESOLUTION 19540, APPROVING THE FIFTH AMENDMENT TO THE
AGREEMENT WITH RICK ENGINEERING COMPANY FOR PRELIMINARY
ENGINEERING DESIGN SERVICES FOR THREE INTERCHANGES WITH
INTERSTATE 805 AT TELEGRAPH CANYON ROAD, OLYMPIC PARKWAY AND
PALOMAR STREET, WAIVING THE SELECTION PROCESS, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY AND
APPROPRIATING $174,700 IN TRANSPORT A nONDEVELOPMENT IMP ACT FEES
TO PROJECT NUMBER 24093270
On January 23, 1999, Council approved a contract with Rick Engineering for preliminary
engineering design services for three interchanges on Interstate 805 at Telegraph Canyon
Road, Olympic Parkway, and Palomar Street. Since then, due to additional work
requirements by Caltrans, four amendments to the contract have been made. This fifth
amendment tot he contract will provide for modification of the existing Project Study report,
Project Report, and environmental documents for Olympic Parkway/I-805 and allow for
reimbursable expenses incurred in the completion of this work.
Staff recommendation: Council adopt the resolution. (Director of Public Works)
21.A. ORDINANCE 2792, GRANTING A WASTEMANAGEMENTFRANCHISERENEWAL
TO P ACIFIC WASTE SERVICES THROUGH SEPTEMBER 4,2007 WITH AN OPTION
TO EXTEND UNTIL THE YEAR 2015 SUBJECT TO SATISFACTORY
PERFORMANCE, AND POTENTIAL ADDITIONAL EXTENSIONS AT CITY'S SOLE
OPTION UNTIL THE YEAR 2031 IN ACCORDANCE WITH THE TERMS AND
CONDITIONS OF THE FRANCHISE AGREEMENT, AND AUTHORIZING THE
MAYOR TO EXECUTE SAME (SECOND READING AND ADOPTION)
B. RESOLUTION 19541, APPROVING A LANDFILL AGREEMENT WITH OTAY
LANDFILL, INC. REGARDING CITY TRASH FLOW AND LANDFILL MITIGATION
The current solid waste and recycling Franchise Agreement expires on September 4, 2002.
In anticipation ofthe end of that agreement, staff has worked with the City's current service
provider, Pacific Waste Management, to develop the terms and conditions for a proposed
solid waste management Franchise renewal and a companion landfill agreement..
Staff recommendation: Council place the ordinance on second reading and adopt the
resolution. (Special Operations Manager)
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
22. CITY MANAGER'S REPORTS
A. Scheduling of meetings.
23. MAYOR'S REPORTS
A. Ratification of appointment to the Safety Commission - Bob White (to fill vacancy
created by Commissioner Miller, whose term expires June 30, 2002).
Agenda
9
July 13, 1999
B. Ratification of reappointments to:
Commission on Aging - Emma Abutin, Susan Carrillo, and Donna Daum;
Child Care Commission - Jeanne Highhouse;
Cultural Arts Commission - WilIiam Virchis;
Economic Development Commission - John Munch (Ex-Officio);
Board of Ethics - Jean Rogers;
Housing Advisory Commission - Vicki E. Madrid;
International Friendship Commission - Betty Chou and Ricardo Marentez;
Library Board of Trustees - Constance Clover-Byram;
Parks and Recreation Commission - John T. Cochran;
Planning Commission - Steve Castaneda;
Safety Commission - Jose A. Lopez; and
Veterans Advisory Commission - Agustive Hermes, Jr.
C. Invitation to Cebu City to enter into a Sister City affiliation.
24. COUNCIL COMMENTS
Councilmember Davis
A. Ratification of appointment to the Economic Development Commission - Dan Horn
(to fill vacancy created by Commissioner Rodrigo, whose term expires June 30,
2001). (Continued from June 29,1999.)
ADJOURNMENT to a Closed Session and thence to the Regular Meeting of July 20, 1999, at
6:00 p.m. in the Council Chambers.
*** An Adjourned Joint Meeting of the City Council/Redevelopment Agency
will be held immediately following the City Council Meeting***
"I cleclere under penalty of perjury that' a'"
em!)loe~ b" ,.~:.;tj of Chula Vista in the
O~;'ice. 01 ~> / ..2(: an"i t:,at I posted
this Acen ,,"'; : J C:1 ,:'e 3ulietin Board at
the Pu"blic ~r~es Bu:ldiw; end at City Hall on
Tuesday, July 13, 1999 DATED. 9'if q SIGNED~ ..
6:00 p.m. '
(immediately following the City Council Meeting)
Council Chambers
Public Services Building
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 permitted 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 oftime taken up by closed sessions, the videotaping will be terminated 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.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to
Government Code Section 54956.8
.
Property:
428 "F" Street, Chula Vista, California 91910. Assessor's
Parcel Number 568-181-34, 35, 36, 37 (portion), 41
(portion).
Negotiating Parties: Security Trust Company and City of Chula Vista (Sid
Morris).
Under Negotiations: Property Acquisition
July 8, 1999
FROM:
The Honorable Mayor and City Council
David D. Rowlands, Jr., City Manage~ ~
City Council Meeting of July 13,1999 . 0
~
--
TO:
SUBJECT:
This will transmit the agenda and related materials for the regular City Council meeting of
Tuesday, July 13, 1999. Comments regarding the Written Communications are as follows:
5a. This is a letter from the City Attorney stating that, to the best of his knowledge from
observance of actions taken in Closed Session on June 29, 1999, 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.
DDR:mab
~V?~
iiitI!iiii
~~~~
.......--- "--
CllY OF
CHUlA VISfA
OFFICE OFTHE CITY ATTORNEY
Date:
June 30, 1999
From:
The Honorable Mayor and City Council
Glen R. Googins, Assistant City Attor~
To:
Re:
Report Regarding Actions Taken in Closed session
for the Meeting of 6/29/99
The City Council of the City of Chula vista did not meet in Closed
Session on 6/29/99.
The Redevelopment Agency of the City of Chula vista met in Closed
Session on 6/29/99 to discuss:
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - pursuant to Government
Code section 54956.8:
Property:
340-368 Bay Boulevard (5 parcels totaling
3.65 acres)
567-022-35 340 Bay Blvd. 1. 02 acres
567-022-17 350 Bay Blvd. 0.65 acres
567-022-31 360 Bay Blvd. 0.73 acres
567-022-33 364 Bay Blvd. 0.63 acres
567-022-28 368 Bay Blvd. 0.62 acres
Negotiating Parties:
City/Redevelopment Agency
Salomone) ; San Diego Unified
District; B. F. Goodrich
(Chris
Port
Under Negotiation:
purchase/lease terms and conditions
The Assistant city Attorney hereby reports to the best of his
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.
GRG: 19k
H,'hom.\)orra,,,..,lt\do8aee. 00
~/J~)
276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 919tO. (6t9) 69t.5037. FAX (6t9) 409.5823
@.f>ool_Conlume.Ao.cycledP,p.r
ITEM TITLE:
COUNCIL AGENDA STATEMENT . if c{,
. Meetingb~;~ ;J~1
A) Resolution /9.5/ ~oving First Amendment to the contract with
the Chula Vista Chamber of Commerce to provide Chula Vista
Convention and Visitors Bureau Promotion Services
B) Resolution J q 51/ Approving Fifth Amendment to the contract with
the Chamber of Commerce to provide Visitor and Transit Information
Services at the Chula Vista Visitor Information Center and Chamber of
Commerce Main Office
SUBlVllIIED BY: Deputy City Manager George Krem~1
Public Information Officer Jeri QuI
Principal Manag~ Analyst Pablo . antan
REVIEWED BY: CityManager [fifl/ (thsVote: Yes_ No-1QL
Pursuant to Council Policy #230-01, as approved 3/21/95, staffhas negotiated a contract extension
with the Chula Vista Chamber of Commerce for operation of a Chula Vista Convention and Visitors
Bureau and the performance of certain desi8"~t..n visitor and convention promotional services. 1bis
proposed contract runs through the end of fiscal year 1999-2000. A corresponding one year
extension to the exis1:fug contract with the Chamber for operation of the Visitor Information Center
is also recommended. Since Council policy stipulates a reviewfiveyears after its adoption date, City
staff intends to bring amid-year report to Council :fully el<l1m;n;ng the five-year history of the Chula
Vista Convention & Visitors Bureau and operation of the Visitor Center with recommendations for
future operations. .. .
RECOMMENDATION: That the Council approve the resolutions:
A. To adopt a one-year contract extension with the Chamber of Commerce for
Convention and Visitors Bureau promotional services with the direct compensation
totaling $111,473 and
B. To adopt a one-year amendment to the existing Chamber contract to operate the
Chula VISta Visitor Information Center.
BOARD/COMMISSION/BUSINESS coMMUNITY RECOMMENDATIONS;
Staff has worked with the Chamber of Commerce to finalize this contract and they concur in the
staff recommendations.
BACKGROUND
In 1994, in conjunction with consideration of the scheduled rate increase in the Transient Occupancy
Tax (TOT), Council received a request from the Chamber of Commerce and Chula Vista Motel
Association to create a Convention and Visitors Bureau. Similar bureaus serve Escondido, Carlsbad,
Coronado, East County, and the San Diego metropolitan area. These groups typically conduct
advertising campaigns, produce brochures, attend trade shows, and operate tourist-oriented facilities.
~ i~/
The focus of the Chula Vista bureau, as established in 1995, is to promote Chula Vista destinations,
including the U.S. Olympic Committee's ARCO Olympic Trainfug Center (OTC), Coors
Amphitheatre, Nature Center, White Water Canyon, Chula Vista Yacht Harbor, local motels,
restaurants, shopping and other related activities. This bureau also promotes Chula Vista during
major conventions and events in the region, including the January 1998 Super Bowl and last fall's
World Series.
On March 21, 1995, COlmcil approved increasing the TOT rate from 8% to 10% along with a policy
(#2301-01, see Attachment #4) and a draft budget for a Convention & Visitors Bureau. The funds
to operate the Convention & Visitors Bureau were included in the approved City budget for fiscal
year 1995-96, subject to negotiation of a contract with the Chamber.
According to that policy, a one-year Convention & Visitors Bureau contract would be executed with
the Chamber of Co=erce during the course of each year's budget consideration. Guidelines for
the contract dollar amount also are set forth in that policy.
The policy also calls for a review five years after the adoption date (which is in 2000) including the
appropriateness of continuing to establish visitor and convention promotion budgets in relationship
to the amount of TOT revenue collected, the guidelines for such relationships, and the
appropriateness of the Chamber of Co=erce continuing to act as the contracting arm of the Visitors
& Convention Bureau compared to other orgRni=1ionai arrangements such as the establishment of
a stand-alone Visitors & Convention Bureau.
On a related subject, the City has had a contract with the Chamber for operation of the Visitor
Information Center at the Bayfront Trolley Station and the provision of general, visitor and transit
information at both that location and the Chamber main office. Several of the items provided in that
contract (i.e. operating subsidies) are identified in this contract as part of the City's responsibilities
toward the bureau (See part B below).
CONVENTION & VISITORS BUREAU ISSUES
As a result of the strong economy and increased tourism throughout California, major events like
the Super Bowl and World Series in the region, and the opening of the Coors Amphitheatre locally,
TOT income has increased during the past year. This increases the total budget proposed for Chula
Vista Convention & Visitor Bureau activities, Visitor Center subsidy and other expenses from
$146,958 inFY '98-99 to $166,861 inFY '99-00. The proposed contract is for a portion of that total
($111,473), with the remainder ($55,388) of bureau-related services to be administered by the City
or separately contracted by the City (see following tables). This contract is a formR1i7Rtion of the
information presented in the proposed FY 99-00 Co=unity Promotions budget.
Increases in this year's budget include $20,000 more for staffing (an increase in pay for the director
and part-time clerical staff), an increase in advertising from $21,000 to $25,000, an increase in office
costs including phone and postage (from $1,400 to $3,500) to better reflect the actual demand, and
a raise for travel/conferences from $1,400 to $2,500. Other line items that are the same as FY 98-99
are brochure printing, S.D. ConVis membership/advertising, accounting/bookkeeping and office
rent.
The overall Chula VlSta ConVis budget and several of the line items are reco=ended to increase
for FY 99-00. The operation of Con Vis generally has been very successful and grown during the
past several years, however, the City discovered that funding earmarked for advertising, brochure
printing and other functions was transf=d to support the Visitor Center operation (see further
discussion under VIC issues). In the future, with full expenditure of all ConVis budget items,
Con Vis will have the ability to maximize its potential to a greater extent.
~t.c2
In addition, after reviewing the Chula Vista Con VIS financial statements provided by the Chamber,
staff found that there was a $13,000 payment made to the Chamber of Co=erce from Chula Vista
Con Vis fimds which had not been budgeted. Because this needs to be accounted for and restored,
it is being recommended that this $13,000 be repaid in two years from the Chamber Information
Services portion of the budget. Therefore this amount has been decreased by $6,500 in the budget
presented for Council's approval.
Other than the new term, scope of services and transfer clause, this contract amendment continues
the conditions approved in 1997-99.
The projects to be undertaken and their budget amounts are divided into Chamber (part A) and City
(part B) responsibilities. Payments for the Part A Chamber-provided services would be made on a
quarterly basis in conjunction with quarterly reports from the Chamber presenting appropriate
project and accounting data.
Part A - Stand-AIone Items: Administered by the Chamber via contract:
Marketing Staff $53,173
San Diego Con Vis Memberships, Advertising $10,000
Brochure distribution $1,500
Advertising Budget $25,000
Brochure Printing $10,000
Office Costs (supplies, phone, postage) $3,500
Accoun~ooklteeping $3,400
Travel/Conferences/City Marketing $2,500
Office Rental $2,400
TOTAL . $111,473
Part B - Joint Items: Administered by the City:
Chamber of Commerce - Visitor Center Subsidy $15,000
(Annual maximum)
Visitor Center Utilities $18,000
Chamber Information Services $188
($6,688 less $6,500 repayment)
City Repayment $6,500
Public Information/Design staff $5,000
Visitor Center Displays/Exhibits $2,000
Visitor Center maintenance $7,500
Contract Administration $1,200
TOTAL: $55,388
,f}---5 /.-}
VISITOR INFORMA nON CENTER ISSUES
The Bayfront/E Street Trolley Station is jointly owned and operated by the City of Chula Vista,
County of San Diego, and the Metropolitan Transit Development Board (MTDB). The site
includes the Visitor Information Center which is co-owned by the City and County, and has been
arlmini~ed by the City under a separate agreement.
The center serves a daily average of more than 300 people who request visitor or 1ransit
information. Since opening in 1986, the Visitor Information Center has had four operators. In
1986 and 1990, the City issued requests for proposals (RFP). The major objectives of the Visitor
Information Center were defined as follows in both RFPs:
1. To provide mass transit information and ticket sales to trolley and bus riders.
2. To provide accurate information to visitors concerning Chula Vista and the San Diego
region including Tijuana and Baja, Mexico.
3. To present a positive image of the City, the Bayfront and the South Bay region, and to
promote visitor-serving attractions and businesses in the City.
4. To minimi7,e the City/County costs related to the operation of the Center.
The City also emphasized that operators should give a preference for Chula Vista promotions,
referrals and display materials, and maintain a fully-stocked brochure rack on regional attractions.
Prior to the contract with the Chula Vista Chamber of Co=erce in December of 1994, the
Visitor Information Center was operated by the Visitor Information Agency from 1986-1987;
Charles Costa Enterprises from 1987 to 1990; Urban Convenience Corporation, a subsidiary of
Starboard Financial Corporation, from 1990 to 1991; and The Kobey Corporation from 1991 to
1994. The contract terms varied with several operators providing more retail options, selling
advertising, and paying the City monthly rent or a portion of the gross sales. However, the net
result has been that none operated the center at a profit. In addition, since its opening the City has
paid the costs of utilities, exterior maintenance, major improvements and landscaping.
After considering four proposals to run the Visitor Information Center, in late 1994 the Council
approved a contract with the Chula Vista Chamber of Co=erce. The contract included a one-
time city subsidy of $10,000 to purchase Chula Vista-related m=orabilia for resale, and an
agreement to share an operating loss up to an annnal maximum of $15,000 if the center failed to
operate in a self-sufficient manner.
In 1995 and 1996, the main goals were to get the visitor center up and running as well as make
major capital improv=ents to that facility. The former breezeway was enclosed adding 470
square feet and a 67 percent increase in usable retail/visitor information display space, related
HV AC work, construction of backlit advertising display boards and large mural-sized photos,
additional landscaping, painting and ADA improv=ents. The full $15,000 City subsidy was paid
each of those years.
In the report to the City Council on June 24, 1997, based on the information provided to the City,
it appeared as though the Visitor Center finances had stabilized and, in fact, during some quarters
might be at the break-even point. At that time, the Chamber requested reducing the amount of the
ongoing Visitor Center subsidy to a maximum of $12,000 per year. In the 1997 report, staff said
that "this should provide a solid middle-stage for the Convention & Visitors Bureau for the
Chamber and (City) staff to further evaluate whether the operation can eventually be spun off as a
separate entity. By the time the contract next comes up for review, this issue can be reevaluated
in terms of the new water park, pending MCA (Universal Concerts) amphitheatre opening, and
~~.~1
other tourist/visitor development."
However, within the past month, City staffhas discovered that this was not an accurate
assessment of the Visitor Center status. The Visitor Center's activities have been supported by
substantial transfers during the past two years from Chula V lSta Con Vis funds to the Visitor
Center totaling $53,800 with $23,500 repaid to ConVis for a net of $30,300 that had not appeared
on previous financial statements from the Chamber. The information regarding these transfers
really brought to the forefront the fact that the operation of the Visitor Center is I'nnning an annual
deficit of$15,000. City staffbas adjusted the budget for FY 1999-2000 to reflect a $15,000
subsidy. With the limited retail opportunities at the Visitor Center plus the main focus on service
to the tourist and information, it is not surprising that a subsidy to the operation is required.
Nonetheless, this will also be part of the City's mid-year evaluation.
The existing contract with the Chamber of Co=erce for operation of the Visitor Information
Center and provision of general, visitor and transit information services also expires on June 30,
1999. Although the original contract provided for three, three-year options to extend, it is the
reco=endarion of staff to extend this contract for one year, to coincide with the Con VIS
contract. This is seen as a transitional contract term which should either pave the way for further
long term extension or eventual spin-off of the Chula Vista Convention & Visitors Bureau into a
stand alone agency.
CONVENTION & VISITOR BUREAU ACTIVITIES
With the earlier goals of Visitor Center improvements and stabilizing the Con Vis marketing staff
accomplished (the current director has been with the bureau since March of 1997), Chula Vista
Con Vis now is emphasizing joint marketing with Chula Vista's new visitor attractions (White
Water Canyon and Coors Amphitheatre) and existing facilities (Olympic Training Center and
Nature Center), establishing contact with visitor-serving organizations in the region, and
promoting the City to visitors and tourists.
The Con Vis staff conducted three separate familiarization trips for destination mRnRgement
companies (DMC's), convention planners and staff from San Diego Con Vis that are in a position
to bring large groups of tourists here. All three groups had extensive tours of the Nature Center,
White Water Canyon, Coors Amphitheatre and the Olympic Training Center. ConVis staff
support was also given to numerous special events including Harbor Days, the second annual Bird
and Nature Festival, the Black Film Festival, Lemon Festival and Taste of the Arts.
Con Vis placed advertisements in the State of California Visitor's Guide and the San Diego
ConVis Visitor's Planning Guide which generated more than 3,000 requests for information about
Chula Vista. The Con Vis website is up and running with the option of updating information and
calendar of events monthly. Working with City staff, a new visitor brochure/folder was designed
and printed with accompanying inserts for Dining and Lodging, Attractions and Calendar of
Events. These will be available at all venues, the Visitor Center, the Chamber office and City
Hall as well as used for Con Vis mRilings. The Con Vis staff is one of the active participants in a
group comprised of the four visitor attractions and the City which was formed to develop
cooperative marketing and promotional activities.
At the Visitor Information Center a newer, more cost-effective AIM machine was installed which
currently generates 300 transactions a month. An EIM machine also was installed which allows
visitors to purchase tickets to attractions and concerts directly from the mR"hine. New items such
as sunglasses and phone cards are now provided due to demand from visitors.
~~.s-
FISCAL IMPACT
As proposed in the fiscal year 1999-2000 budget, the total Convention and Visitors Bureau budget
is $166,861. This compares to a total of$146,958 in FY 1998-99 and $137,500 in FY 1997-98.
Of the $166,861 total budget, $1 I 1,473 is set aside for contractual services with the Chamber.
The re1J'l~ining $55,388 is ~rlministered by the City, with many items related to the operation of
the Visitor Center and covered by a separate contract. The fifth amendment to the Visitor Center
contract that is being reco=ended would extend that agreement through June 30, 2000, to be co-
terminus with the new one-year Chula Vista Convention and Visitors Bureau contract.
All the items in the ConVis contract (as Sl1mmarized in Charts A and B above) are included in the
proposed FY 1999-2000 budget, thus, no further appropriation is necessary.
Attachments:
1. Resolutions
2. Contract and FlISt Amendment to Provide Convention & Visitors BurcauPromotion Services
3. Contract and Fifth Amendment to Contract to Provide Visitor and Transit Infonnation
4. Council Policy #230..Ql
~t~t
r.t:'CC-,i;i1t:(, ...
S'CBJECT: SUPPORT FOR A Qil.l1.A VlS'IA V15ITOR5
AN"D CONV""u-"TlON llURf.AU, SU"EJECT TO
A!I/N1JAl. APPROVAL OF A llUDGET A."'"D
RElJ\nD CON!MC1'
COUNC!.. J>OL~N
CITI' OF C-P";L~ V:ITA
POLlCY \
NUMBER
EFFECTIVE
DATE
P..h
ADOPTED BY: ResolutioIl No. 17843
230-01 07-01-95
.- .
1 DATED: 03-21-95
10F2
BACKGROUND
Pa:ticu1zrly gh= theimmu.=t ope=mg of me Olympic T:aining Center in Chlila V,na, the City desires to
Fomote Iou.-ism anel me Cit., 1 ~tor.oric:l1ten a=::ti= 2lIld ia::ilities.. Visitor promc1ion and iuIlding bas
also hee:n dis=sed in the c"n1ext of ::o:llsid~g wbe:ber 10 abate me Tnnsic:l1t Ocrupanry Tu (1.D.T.) OD
."pl. 1995 from 10% to lID amount not 1= mIl:llB%.
J'UP.POSE
The:pmJ>OSe of this poliey is 'to previde guideliIles for me amount and use of Vmton; Il:lldConvention
.Promotion Fundi.
PD!.1CY
1: Dming the mmualbudger pTO=, me City COUIlciJ will =mider me ..i1optiOIl of a Chlila V.1S".a VISi=
and ConveDtion Promotien .Budget far me fcllowmg iisal year.. 1t .;b.8llbe me poliry of -the City .' .,
me VISito:s _d Con'Ve1)uon Promoti01llludger meuld be funded from GeDeral rund scur::es oth~ ..
the T.D.T~ in an Jlmount addl'essed m J'lIr1lgraphs 2 and 3 below.. In implementing this po1ir:)~ u,p
T.O.T. =U<:$ collected :may ~be a .measure of me ~Dun1 of the a.t'.i'.~...:;.ti01l. 'but ~ot me seW'ce oJ
bds lISed far the apprcpriation.
2. 11 is the polieyof me City Council to :net naff 'Ul preplln a pTOposed Ff 1995-96 VWIen; and
CoIIventionJ'romotion Budget, for Co--,.,-rs .conside:auonduring inFY 95-%budger deliberaticm.
in 2lIl amount ofS150,000.
3. Far FY 199&-97 and 1:1Ie three "e::se:m5ve fual yea."S 'therea.'Ier, it sb.8ll be the poliey of 'the Ci~'
Co=cil to direct ~ to prepare J'I'D?"",ed Vmto:s 2lIld Con\_ .:tion Promotion .Budgets. for Council's
,,=side:-ation m its lIDl1ual budger de1ibcatio:s, in amounTS :>ezsured by me amCUIlt .ofT.D.T. UVClur
rollected in tbe :most nocent 1-year period far whidl data is mo:navailable (typica1ly April wouj!h
Y..a:rcb) based on the rellowmg guideli%les:
If the lIDl1ual T.D.T. re'Ye%lue is Sl.3 :million er Jess, the proposed Visiton; and Convention PromonoD
Budgetwould be an amount equivz)eDt to 10% efme 'T.D.T. reveIlue collected.
If the mmual 7.0.1'. rrvenueis :=en than S1.5million =d less than S2.5 million, the proposed
VISito:s and Co:vemion Promotion lludget would be S150,ooo pIus lID amount equivalent to ~% Df
me T.D.T. revenue in e:= of n.5 millicn. Tnis guideline would thm TeSUlt in a :muimum
J'I'oposed a:mual Yrsi= and Co::vention Pro:DetioD Budget of S200.~.
/-'. I .,
..:" ;.~<:'.\.';":. . I
77;t " /
~, -/7-
::f-",~ ;)~ t r-J
,
,
COu"lCIL POLlCY
CITY OF CHuL'" VISTA
230-01
EFFECTIVE \
DATE
\
I DATED: 03-21-95
.07-01-95
PAGE
2 OF 2
!:}JECI': SUPPORT FOR A oruLA VlS'!A VISITORS
AND CONVE...."TION BUR!.AU, SUB.lECTTO
A"ltWAl APPROVAl. OF A BUDGET AND
F.El.A.J.=:D CON:rMCT
POL1CY
NUMBER
.DOPTED BY: RcsolutioD No. 17843
_ If the =ulll T.O_T_ zevenue ex=ew $2.5 million. me proposed Vmum cd CoIlve:%lUOIl
PromouOIl Budget would be $200,000. The City would then nView this Council Poli")',
indudi:ng discussing it with the Olamber of Comm= BIld me 0lu1a VlStll Motel AssooatioIl,
~o det=ine whether the poli")' should be revised 'to provide lIIlY addiuOIlIll guidelines for
proposed Vciton; aIld COIlvenuoll PromouOIl funding beYOIld me S200,000 maxim =
proposed =WU ClOunt provided in this po1ic:y.
Tne Olula V1S:2l Clamber of Co== IlIld the Olula Visa Motel.AswoauOIl lITe forming a OlUla
VlStll V1Sit= aIld Collvelluoll Bureau, cd :represenuuves of mose agenOes aIld me City will be
;"volved in f=Ulating 11 proposed V'JSiton; aIld Co:cv<::cuollJ'romotioll Budget to be cOIlsidered by
1:he City Council each fuclIl year. ltis Gtiopated 'that ~ome projects included ill me V'lSiton =d
CoIlve:%lUOIl Promo1i= Budget will =tinue 'to be administered by'lhe City Dr be for servi= for
,..,.hiCh 'the City h~ previously cOIltracted with the Olmnber of Commerce. ltis also lIIluopatedtbat
a ~p>iii=t portiOIl (probably me majority) of 'the V1Si1;on; BIld CoIIventioll Promouoll Budget will
be far spe::ifiedservi= for whiCh the City will execute all =ulll .Dne"year contract with 'the
chzmber of Co=er=e, OD behlllf of the V.lSiton and ConvenuOIl Bureau. The Olamberwill provide
~uar_ly:rep-'" 'to the City to be specified ill me =ual con=ct, induding appropriate IIccouming
Jiat1l..
.~
"Ibis policy mall be J:et fer review appro::mnately five YeL"S after its adoption date. Thllt review
shOllld indude., 'but Dot be limited 'to., 'the appropriateness of continuing 'to esu.bllib Vcito::s BIld
Co:cventiOIl ProJDotion 'budgetS in relauonship ~o 'the amtnmt Df "1'.o.T_ IrVeDUe collected,the
~e1iDes fer su:::n relationships, lIIld me appropriateDess of me Olamber ofCo== =tinuing
~o act as the cODtracting ann of me VlSito::s aDd CoDvention Bureau compared ~o other
o:-ga:ci:auODIIl .m:1lDge:nents sudl as 1:be establimmeDt of II stand.alone VISitors aIld Conve:cuon
Bureau.
"
<
i
6~r
~ ~- ~~
~/b ~
RESOLUTION NO. )9.5/ p
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FIRST AMENDMENT TO THE
CONTRACT WITH THE CHULA VISTA CHAMBER OF
COMMERCE TO PROVIDE CHULA VISTA CONVENTION AND
VISITORS BUREAU PROMOTION SERVICES
WHEREAS, pursuant to Council Policy #230-01, as approved
3/21/95, staff has negotiated a contract with the Chula vista
Chamber of Commerce for operation of a Chula Vista Convention and
Visitors Bureau and the performance of certain designated visitor
and convention promotional services; and
WHEREAS, the proposed contract runs through the end of
fiscal year 1999-00, at which time a subsequent contract and budget
would be brought forward for consideration.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
city of Chula vista does hereby approve the First Amendment to the
contract with the Chula vista Chamber of Commerce to provide a
Chula Vista Convention and visitors Bureau Promotion Services, a
copy of which is on file in the office of the city Clerk.
BE
Chula vista
contract for
IT FURTHER RESOLVED that the Mayor of the city of
is hereby authorized and directed to execute said
and on behalf of the City of Chula vista.
Presented by
Approved as to form by
\
George Krempl, Deputy city
Manager
H:\home\attorney\reso\chamber.xtn
&
)1~//
First Amendment to Contract to Provide
Chula Vista Convention and Visitors Bureau Promotion Services
This Amendment, effective as of July 1, 1999, is between the City of Chula Vista, a chartered
municipal corporation ("City"); and the Chula Vista Chamber of Commerce ("Chamber"), and is
made with reference to the following facts:
Whereas, the City and Chamber are party to a contract for convention and visitor bureau
promotional services ("Existing CVConVis Contract", on file with the City Clerk as Document
#C097-079); and
Whereas, the parties desire to ell.'tend the initial term of that contract by one additional
year, to be co-terminus with an accompanying contract to provide Visitor and Transit
Information Services at the Chula Vista Visitor Information Center and the Chamber of
Commerce Main Office, and
Whereas, the proposed Chula Vista Convention and Visitors Bureau budget for Fiscal
Year 1999-2000 is $166,861, which is divided into portion administered by the City and portions
to be administered by contract,
NOW, THEREFORE, the parties mutually agree that the Existing CVCon Vis Contract is
hereby amended in the following regards only and extended for a period of one year, and as so
amended and ell."tended shall hereinafter be referred to as the "First Amended Agreement":
City and Chamber do hereby agree to amend the Existing CVCon Vis Contract in the following
regards only, with all remaining provisions remaining in full force and effect. Intedineated
provisions are to be conSidered deleted from the agreement and underlined provisions added to
the agreement.
4. Duties of the Chamber
4.1 Scope of Work
Pursuant to City Council Policy #230-012 as approved 3/21/95, !me! tB the
:pf6po.3ca Coli..Cl1tien~ 8:f18 ,TiJfl:er3 PH>m8fiefi Dtlagct 3tl~d t8 t:he. Cir,
CBtmeil. at that time, the Chamber agrees to provide the following goods and
services, according to the specifications and FY '99-00 annual budget!; as shown
below. :=tifll. hl:ldgw Jhllll. k .:llibje.et tB aaj~b.::fl.t far :tl.:lew )e.!lI' 1998 99
b5:3ca. olL the B:f.aOlftit flpplopriak:.a b) CotJ1"1efL for tm..3 program.. If 3t:leli
adj tk3t:ftlen"B eMi 11M be. mtl~ agr~ca. tlpan bm.eGn t:hc Ce1'ltraet ..:'.Ldmini3tiator
MB Cham.ber, 1:he iJJLiC JhaH be. .Jl:lt1cet to :fiaftl rCJoltlbeli b) Col:lfletl.
4.1.1 Marketing Staff Budget: $:o,eee $53.173
Chamber shall hire full-time, part-time or contractual marketing staff to
coordinate an advertising and marketing campaign for the City of Chula Vista
Convention and Visitors Bureau. In addition, this staff will oversee Visitor
Information Center operations and the sale and display of advertising therein.
Incidental Chamber support and liaison by the Marketing staffwould be
anticipated by this agreement, with such support and liaison being in conjunction
with but not detracting from the performance of the primary Marketing Staff
responsibilities.
4.1.2 San Diego CONVIS Membership and Advertisin~ Budget $10,000
(/
r1:~ ~ 2
Chamber shall maintain membership in the San Diego Convention and Visitors
Bureau for the City of Chula Vista and/or Chula Vista Convention and Visitors
Bureau. The remaininl! portion of this bud~et amount shall be used for
advertisini in San Dievo CONVIS publications. or. with the llPJ;lTOVal of the
Contract Administrator. may be used onlv for other advertisin\1 costs as described
in4.l.4.
4.1.3 Distribution ofYi3itM Broef.d1' MIa Nature Center brochure
Budget $2,9B9 $1.500
Distribution shall include placement at all major brochure racks in San Diego
County, including but not limited to those at aD:ports, cruise ship terminals, bus
and train stations, hotels, motels, visitor centers and convention centers. With the:
:f:iT.!t E1tllilil:f EJttl~ Septt:mbCI, 1995) di:rtlibtftielflalre:Itfij pmd, the e:6flt'lllct llmOtl1'1t
fOI this item JhaH he$2,175.
4.1.4 Advertising Budget $25,599 $25.000
Advertising design, content and placement shall focus on promotingChula Vista
and Chula Vista attractions within the region and maintaining primarily a visitor
and/or convention orientation. Tmgetmedia may include, but are not limited to:
regional magazines, recreational vehicle or auto club publications, motel room
event and attraction listings, etc.. For any ad placement or series of placements in
the same publication for which the total price shall exceed $6,000, said placement
shall be subject to review and approval by the Contract Administrator. See also
Section 4.5. This item is intended solcilv for paid advertisinl!: any funds not
ex;pended shall be reimbursed to the Citv within 30 davs of the eJlPiration of the
Y<Im.
4.1.5 Accounting/Bookkeeping Budget $3,400
Daily bookkeeping, cash reporting, payroll accounting, and payment processing
for Convention and VIsitors Bureau activities.
4.1.6 Travel/Conferences/City Marketing Budget $2,BBB $2.500
Convention & Visitors Bureau representation of the City in Business and
tourist outreacb
4.1.7 }.ddi1:iMlll Office ees1:s:&m! Budget $1,999 $2.400
Shall generally cover 6 . emeaf! ee:Jt3 office ~ace for marketing staff.
ti...8.
Office ex;penses Budl!et $3 500
sh;.il P'~; include office "'lPJ}lies phone and postaie costs for the operation
of the Chula Vista Convention and Visitors Bureau.
tl.2
Broclmre DesivnlPrintin!!: Budl!et $10.000
Desi;;'; andp;;rti~l! of brochures. fivers and/or other publications that focus on
~f~~ti~f ~~ Vista and !ts. attractions ~ch a.~ l!eneraI vi.sitor brochure or
.. . c .e _ f events. nTnTnU and lodlPni ilide. attractlOn cOll;pons and !!olf
c~;;;e fly;. The ChR;:;'ber shan exercise its best efforts to have the costs for the
d~;;;; ;:;dior printinl! of these publications (j.e. dinin!! and lodiffi!! =ide) fullv or
partially reimbursed by the promoted attractions.
5. Duties of the City
5.1 Additional. Bureau Projects and Services
~
/Tf~3
Pursuant to City Council Policy #230-01 as approved 3/21/95, and to the proposed
Convention and Visitors Promotion Budget submitted to the City Council at that
time, the City agrees to undertake the following projects, goods, services and
subsidies, according to the specifications and budgets as shown:
5.1.1. Chamber of Commerce
Visitor Center Subsidy
Per Existing Contract
5.1.2 Visitor Center Utilities Budget$lS,7S8 $18.000
Annual water, electricity and other utility costs. Telephone costs are paid by the
Chamber per Existing Contract.
Budget $15,000
5.1.3 Visitor Center Displays/Exhibits Budget $18,()()() $2000
Backlit displays, structural changes, etc. per Design Layout as specified in
Existing Contract
5-+:4 S!lfl. Di~g6 C6n. ention Cef!tef Di3plll) Dttdget $1,1 g g
:O"xJ0n Dmatnm3 bae1cl1t ai3pl5.) located at-Sm Diego ColhGnb611 CCl"ltcr,
Dttdgct irleltul';:3 eMlM.1tea rc.at.a.J. of JPaec: at 1:fte Con"cnt1.em. Center
5.1.5 Chamber of Commerce Information Services Budget $6,024 llllli
50% portion of Base Compensation of Existing Contract not related to staffing
(per proposed Second Amendment). Compensation to the Chamber under
Existing Contract shall continue to be governed by that document. For FY 99-00
and FY 00-01 Chamber shall reimburse City as per 5.1.9.
5.1.6 Public Information/Design Staff Budget $Hl,OOO $5.000
For support of Visitor Center operations and improvements, graphic design
oversight, tl:ftCl design assistance for displays/exhibits publication and advertisinll
assistance and publicity for activities and events..
ll..B. Contract Administration Budl!et $1.200
For ~eneral contract administration includinll' reviewini financial statements.
processinl! payments.
2J...2 Repavrnent to City Budll'et $6.500
Chamber shall repavthe City $13.000 of ConVis earmarked monies previously
transferred to non-Con Vis Chamber of Commerce accounts: $13.000 total will be
repaid in a two-year period with reimbursements of $6 500 each in FY 99-00 and
FY 00-01. Chamber's re.pavrnent obliL!ation hereunder ~hal1 survive the
termination of this a~eement.
7.2 Use of Payments and Revenues
The payments from the City to the Chamber and revenues realized from joint
arlvertising campaigns or other contractual activities shall be used only for
providing the goods and services outlined herein or for other pmposes as may be
approved by the City Council. These monies shall not be transferred on either a
tem,porary or a permanent basis for the purnose of subsiili7:ini Chamber
operations or the Visitor Information Center that are not part of the scope of work
detailed in Section 4 of this Amendment. Furthermore. these monies shall not be
used in support of any political activities for any candidate or issue, nor may they
be used to supplant other Chamber funds in any manner that results in such
'. t
JU/If
Chamber funds being used to support any political activities for any candidate or
issue. Any political expenditures made in relationship to the Chamber will be
considered as Political Action Committee (pAC) funds specifically raised for
political purposes.
7.3 Total Compensation
The Total Compensation from the City to the Chamber for services under this
contract shall be $G7,SSB. $1] ] .473. As discussed under the Duties of the City,
the City may also pay to the Chamber up to the amounts listed in Sections 5.1.1
and 5.1.2 to cover operating deficits from operation of the Visitor Information
Center, which service is governed by the Existing Contract.
8. Term
8.1 :mitiltt Term
The t= of this contract shall be for one year, commencing J wy 1, 1997 MlB enamg J t:m~
JB, 1999. July 1. 1999 and endinl! June 30.2000. Any additional contracts shall be
governed by existing City Council policy and/or future Council action.
IN WITNESS WHEREOF, City and Chamber have executed this Agreement this
day of ,1999.
THE CITY OF CHULA VISTA
CHULA VISTA CHAMBER OF COMMERCE
Mayor
President
Executive Director
Approved as to form by
City Attorney
?
/7d //~
Attachment -2-
C:JTlt~act ;8 ?rovde Chuia ~sta CClTlveTlti:J71 and Visito~s Bureau ?ror.1otion Servi:::es
This Contract, e01tered into this JU01e 24, 1997 for the purposes of refere01ce 0711'
and effective as of the date last executed by the parties, is between the CITY O.
CHULl\ VISTA, a chartered municipal corporation of the State of California (hereinafter
"City") and the CHULA VISTA CHAMBER OF COMMERCE (hereinafter "Chamber"), and
is made with reference to the following facts and definitions:
1. Recitals
W;'lereas, the Chamber occupies a unique public service position in the City and
has provided general informational and pror.1otional services to the public at large for
",any years; and
VVhereas, the Chamber hereby warrants and represents that it is experienced and
staffed in a manner such that it can provide the convention and visitor promotion
services as herein required in accordance with the terms and conditions of this
Agreement; and,
Whereas, the City and Chamber have been party to separate agreements for:
Convention and Visitors Bureau Promotion Services through FY 1995-97, a copy of
which is on file with the City Clerk as Document No. CO 95-137, (hereinafter "Existing
CVCONVIS Contract"), and for Visitor and Transit Information services through FY 1995-
97, a copy of which is on file with the City Clerk as Document No. CO. 95-131:
(hereinafter "Existing Information Contract"); and
Whereas, with the concurrence of the Chamber, the City adopted City Council
Policy #230-01 to provide support for a Chula Vista Convention and Visitors Bureau,
subject to annual approval of a budget and to execution of appropriate contracts; and
W;'lereas, the proposed Chula Vista Convention and Visitors Bureau budget for
Fiscal Year 1997-98 is $137,500, which is divided into portions administered by the City
and portions to be administered by contract, and the Chula Vista Convention and Visitors
Bureau budget for Fiscal Year 1998-99 shall be set by the City Council as part of the
1998-99 City budget;
NOW, THEREFORE, the City and the Chamber agree as follows:
2. Pumose: Chula Vista Convention and ~sitors Bureau
The Chamber hereby agrees to include in its activities a Chula Vista Convention
and ~sitors Bureau. This activity, which shall be in the form of a committee, shall
be pursued as part of this contract and shall be undertaken in the name of the
Chula Vista Convention and Visitors Bureau. Advisory participation on this
committee shall-be open to all i~erested parties, regardless of membership in th!
Chamber. Sl;lid open participation shall not preclude fund raising activities or fees
for member and/or patron listin;;s. The gener~urpose of this activity shall be
~~/~
.....--. ~
--.---
\_==-=-
--\1--- ...
'--_\.\'...;.::;:,
C::.:-.-:.::-a=-:
?'=;e 2
to promote the City of Chuia Vista and Chula Vista visitor destinations, meeting
facilities, tourism, and related businesses.
3. Contract Administrator
The City Manager or his or her designee shall be the Contract Administrator for
purposes of this contract. For thDse conditions requiring the written approval of
the City, the Contract Administrator shall have the authority to provide said written
approval.
4. Duties of the Chamber.
4.1. Scope of Work
Pursuant to City Council Policy #230-01 as approved 3/21/95, and to the
proposed Convention and Visitors Promotion Budgst submitted to the City Council
at that time, the Chamber agrees to provide 'the following goods and services,
according to the specifications and annual budgets as shown below. Annual
budgets shall be subject 'to adjustment for fiscal year 1998-99 based on the
amount appropriated by Council for this program. If such adjustments can not be
mutually agreed upon between the Contract Adminis1i3tor and Chamber, the issue
shall be subject to final resolution by Council.
4.1.1 Marketing staff Budget $30,000
Chamber shall hire full-time, -part-time or contractual marketing staff
to coordinate an advertising and marketing campaign for the Chula
Vista Convention and Visitors Bureau. In addition, this staff will
oversee Visitor Information Center operations and the sale and
display of advertising therein. Incidental Chamber support and
liaison by the Marketing staff would be anticipated by this
agreement, with such support and liaison being in conjunction with
but not detracting from the performance of the primary Marketing
Staff responsibilities.
4.1.2 San Diego CONVIS membership Budget $10,ODD
Chamber shall maintain membership in the San Diego Convention
and Visitors Bureau for ihe City of Chula Vista and/or Chula Vista
Convention and VISitors Bureau
4.1.3 Distribution of Visitor Brochure and Nature Center brochure
Budoet $2,900
Distribution shall in:::lude placement at all major brochure racks in
San Dieoo Coun!\', including but not limited to those at airports,
- - ~
~ ~/?
C~~:a vis~a CDl~JI5 C~~~~=C~
?age 3
cruise ship terminals, bus and train stations, hotels, -motels; visitor
centers and convention centers. With the first quarter (July-
September, 1995) distribution already paid, the contract amount for
this item shall be $2,175.
4.1.4 Advertisin9 Budget $25,500
Advertising design, content and placement shall focus on promoting
Chula Vista and Chula Vista attractions within the region and
mairr'..aining primarily a visitor and/or convention orientation. Target
media may include, but are not limited to: regional magazines,
recreational vehicle or auto club publications, motel room event and
attraction listings, etc. For any ad placement or series of
placements in the same publication fOT which the total price shall
exceed $5,000, said placement shall be subject to review and
approval by the Contract Administrator. See also Section 4.5.
4.1.5 Accounting/Bookkeeping Budget $3,400
Daily bookkeeping, cash reporting, payroll accounting, and payment
processing for Convention and Visitors Bureau activities.
4.1.6
Travel/Conferences/City Marketing
Convention and Visitors Bureau
business and tourist outreach.
Budget $2,000
representation of the City in
4.1.7 Additional office costs Budget $1,000
Shall generally cover overhead costs for marketing staff.
42 Budoets and Use of Funds
It is not the intention of this contract that the Chamber should be obligated to
expend any funds for these purposes beyond those budgeted. In any case in
which the goods or services itemized in Section 4.1 are provided for less than the
budgeted amount, those funds remaining shall be available for use for any of the
other projects included in the Scope of Work, subject to the prior written approval
of the Contract Administrator.
4.3 Amendments to Scooe of VVork
Any amendments to this Scope of Work or to the contract as a whole, such as to
increase the Total Compensation, to add a new project, or to make a substitution
for an existing project shall be subject to the prior approval of the City Council,
with the exception of potential reallocation of funds among projects listed in the
Scope of Work as may be authorized under the Pzvisions of Section 4.2.
~~-7 _
~~~~a v~s~a :O~v:5 :~~~=~=~
?"a2e of
4.4 Desian ADDroval
For those items which would entail graphic or display design (e.g. Advertising,
Visitor Brochure, Chula Vista display at the U.S. Olympic Training Center), the
Chamber shall work with City on initial design concepts and obtain the prior
written design approval of the City's Public Inrormation Coordinator. Said
approval shall be in addition to any other required design review or other
discretionary City approvals.
4.5 Joint Advertisina
The Chamber shall be encouT3ged to engage in cooperative advertising
campaigns, with particIpation by the City and by local visitor-orIented businesses.
The maximum City participation via thIS contract (through Section 4.1.5) in any
such cooperative advertising shall be 60% of the cost of advertising production
and placement. Such cooperative advertising shall be open to all visitor-oriented
Chula Vista businesses, regardless of membership in the Chamber.
5 Duties of the Citv.
5.1 Additional Bureau Proiects and Services
Pursuant to City Council Policy #230-01 as approved 3f21/95, and to the
proposed Convention and Visitors Promotion Budget submitted to the City Council
at that time, the City agrees to undertake the follOWIng projects, goods, services
and subsidies, according to the specifications and budgets as shown:
5.1.1 Chamber of Commerce Budget $15,000
Visitor Center Subsidy
Per Existing Contract
5.1_2 Visitor Center Utilities Budget $15,788
Annual water, electricity and other utility costs. Telephone costs are
paid by Chamber per Existing Contract..
5.1.3 Visitor Center DisplayslExhibits Budget $10,000
Backlit displays, structural changes, etc. per Design Layout as
specified In ExIsting Contract
5.1.4 San Dleao Convention Center Display Budget $1,188
20"x30" Duratrans backlit display located at San Diego Convention
Center, Budget includes continued rental of space at the Convention
Center
5.1.5 Chamber of Commerce Information Services Budoet: $6,024
50% portion of Base Compensation of Existing Contract not related
'o_n, (pe'P"Py}';~ ,?mpen'at;oo'0 'h,
C:J:J..:a -\.7~s:'a CD!~vI.s C;:)::~::-a=::
?age
Chamber under Existing Contract shall continue to be-Qovemed by
that document.
5.1.6 Public InformationlDesign Staff Budget $10,000
For support of Visitor Center operations and improvements, graphic
design oversight, and design assistance for displays/exhibits.
5_1.7 Visitor Center Maintenance Budget: $7,500
Miscellaneous maintenance by City custodial, construction and
repair staff.
5.2 Timine of Services
Due to the timing of the start of .Existing Contract and the negotiation of this
agreement, some of the items included in the City's Scope of Services have been
completed or had funds appropriated during the 1994-95 fiscal year. At least 30
days prior to the end of the term of this agreement, City shall provide to Chamber
a breakdown of all service expenses pursuant to Section 5.1 for consideration in
negotiation of the following year's budget and contract.
6. Citv Imace Enhancement.
The City, as a public entity, is concemed about the image portrayed and service
provided by the Chamber and its personneL The City shall have the right to
inform, in writing, the Chamber of actions by the Chamber or the Chamber's
personnel, not .conforming with the image the City desires to have enhanced
which includes providing complete and accurate convention and visitor information
and presenting a neat, clean, responsive, and friendly image of the City. The
Chamber shall take all necessary steps 10 ensure that its actions project the
image desired by the City as directed from time to time.
7. ReDortinc and ComDensation
7.1_ Quartertv ReDorts
The Chamber shall record and submit in writing quarterly reports to the City for
the quarters ending September 3D, December 31, March 31 and June 30. Within
thirty (30) days after the end of each quarter of the term hereof, commencing with
the thirtieth day of the month immediately following the first quarter of this
agreement, and ending with the thirtieth day of the month succeeding the last
month of the term of this agreement or any extensions thereto, the Chamber shah
furnish to the 'City a statement in writing, certified by the Chamber to be correct,
showing for the previous quarter the expenses relating to this Chamber's
contractual goods and services. The Chamber S~" keep full and accurate books
~~/'/z9
-__~_''''':~:; -\~~_' _:::t":; C,J'.'-'-;-_:; ,.....-
_~ _ __ _ ~ - ...........=....:-:=.c:.
?age :;
of account and records in accordance with Generally Acceptet:l- Accounting
Principals consistently applied, including, without limitation, a sales joumal,
general ledger, payroll records, and all bank account statements showing deposits
of related revenues (e.g. irom joint advertising sales).
Such books, receipts, accounts and records shall be maintained separate from
Chamber records and shall be kept for a period of 1wo (2) years after the close
of each calendar year and shall be available for inspection and audit by the City
and its representatives at the principal place of business of the Chamber during
regular business hours. The City shall, within two (2) years after the receipt of
any such statements, be entitled to an audit of such records. Such audit shall be
conducted by the City Dr by certified public accountant to be designated by the
City during normal business hours at the principal place of business of the
Chamber- In addition, jf any of the Chamber's statements shall be found to have
Dverstated expenses by more man two percent (2%) or understated revenues by
more than two percent (2%), or if such audit shows that the Chamber has failed
'to maintain the books of account and records required by this section so that the
City is unable 'to verify the accuracy of 'the Chamber's statement. then the
Chamber shall pay to the City all reasonable costs and expenses (including
reasonable auditor and attorney fees) which may be incurred by the City in
conductin,g such audit.
7-2 Use of Payments and Revenues.
The payments irom the City to the Chamber and revenues realized from joint
advertising campaigns or other contractual activities shall be used only for
providin,g 'the ,goods and services outlined herein tlr for other pultloses as may be
approved by 'the City Council. These monies shall not be used in support of any
political activities for any candidate or issue, nor may they be used to supplant
other Chamber funds in any manner that results in such Chamber funds being
used to support any political activities for any candidate or issue. Any political
expenditures made in relationship 1:0 the Chamber will be considered as Political
Action Committee (PAC) funds specifically raised for political purposes.
7.3 Total Comoensation
The Total Compensation from the City to the Chamber for services under this
contract shall be $57,500. As discussed under the Duties of the City, the City
may also pay to the Chamber up 10 1:he amounts listed in Sections 5.1.1 and 5.1.2
to cover operating deficits from operation of1:he Visitor Information Center, which
service is governed by 'the Existin;) Contract.
~ I);~/I
C2~~a vis~a CO!\J~5 L=~~~a=~
?a;e 7
7.4 Form and time of Pavment
To facilitate flexibility in the Chamber's administration of contract funds, the city
shall pay to the Chamber one fourth of the total compensation (per Section 7.3)
per quarter. Quarterly payments shall be made within frfteen (15) calendar days
after the start of each quarter (e.g. by 7/15, 10/15,1/15, and 4/15).
7.5 Chamber Reimbursement to City
If the final contractual expenses at the end of the final quarter of this contract total
less than the Total Compensation (per Section 7.3), then the Chamber shall
Teimburse the City for the difference.
It shall be the general policy under this contract that appropriations shall not be
carried over from one fiscal year's adopted contract to the next fiscal year. Any
exceptions to this policy shall be subject to approval by the Contract
Administrator.
3. Term
8.1 Initial Term.
The term of this contract shall be for one year, commencing July 1, 1997 and
ending June 3D, 1999. Any additional contracts shall be governed by existing City
Council policy and/or future Council action.
8-2. Termination.
This contract may be terminated by the mutual consent of the parties at the end
of any quarter. In the event of termination, compensation due shall be prorated
according to the Chamber's approved expenses through the iinal quarter of the
contra ct.
9. Insurance and Indemnitv.
9.1. Insurance
Chamber shall, throughout the duration of this Agreement, maintain
insurance from responsible and solvent corporations authorized to issue
such policies in California with a financial rating of at least a "A, Class V"
status Dr better as rated in the most recent edition of "Best's Insurance
Reports" unless a lower rating is approved }?y the City's Risk Manager.
Said insurance coverage shall include: ~
~~--/,2
.:j.-..:2.a -v"is:.a ':)!~J:I5
r-......-,-__ ..._
--'---- =--
?age 3
1. Commercial General Liability Insurance including- Business
Automobile Liability Insurance in the amount of $1 million combined
single limit, which names the City of Chula Vista as additional
insured and is primary to any insurance policy carried by the City.
2. Statutory Worker's Compensation Insurance and Employer's Liability
Insurance in the amount of $1 million.
Chamber will provide, prior to commencement of the services required
under the agreement, certificates of insurance for the coverages required
in this section, and, ror Commercial General Liability Insurance, a policy
endorsement for the City as additional insured, a policy endorsement
stating the Chamber's insurance is primary and a policy endorsement
s'.ating that the limits of insurance apply separately to each project away
iTom premises owned, rented or operated by the Chamber. Certificates of
insurance must also state that each policy may not be canceled or
materially changed without at least thirty (3D) days written notice to the
City.
Each policy which the Chamber maintains shall name the City and
Redevelopment Agency of the City of Chula Vista (hereinafter
"Redevelopment Agency") as additional insureds.
9.2. Indemnitv.
The Chamber shall defend, indemnify and hold harmless the City., their elected
and appointed officers and employees and 1he Redevelopment Agency from and
against all claims for damages, liability, cost and expense (including without
limitation attomeys' fees) arising out offhe conduct of the Chamber or any agency
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. The
Chamber'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 1he same proceed to judgment or not.
Further, the Chamber 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. The Chamber's indemnification of City shall not be limited by any
prior or subsequent declaration by the Chamber.
~ 14-0
C:~'...l2-= V:.s~a
::)1\;",/: :5
,,...,--- --.....-
-~._-- =-'--
='a~e 3
I D.
Miscellaneous Provisions.
10.1. Assianina and Sublettina
The Services of Chamber are personal to the City, and the Chamber shall not
assign, subcontract, ti'ansfer, sublet or encumber any interest in this Aareement
(whether by assignment or novation) without the prior written consent of the City.
10.2. Administrative Claims Reouirement 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 of
Chula vista and acted upon by the City of Chula Vista in accordance with the
procedures set forth in Chapter 1.34 of the Chula Vis"..a Municipal Code, 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 the City, the Chamber shall meet and confer in good faith with
the City for the purpose of resolving any dispute over the terms of this agreement.
1 0.3. Attomev's Fees.
Should a dispute 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, provided mat said party has exercised best
efforts, in good faith, to negotiate a settlement of the dispute prior to and during
the litigation.
10.4. Entire Aareement.
This Agreement, Together with any other written document referred to or
contemplated .herein, embody the entire Agreement and understanding between
the paTties 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 Dr discharge is sought.
10.5. Caoacitv 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 that all resolutions Dr other actions have been taken so
as to enable it to enter into this Agreement. 0
~ M'i-'l
-\,i:..s-:.a
':':Jl\J~5
'_:':'::":.=-=C~
?a32 lQ
10.6. Govemina LawNenue.
This Agreement shall be govemed by and construed in accordance with the laws
of the State of Califomia. Any action arising under or relating 10 this Agreement
shall be brought only in the federal or s'l.3te courts located in San Diego County,
State of Califomia, and if applicable, the City of Chula Vista, or as close thereto
2S possible. Venue for this Agreement. and performance hereunder, shall be the
City of Chula Vista.
10.7. Indeoendent Contractor.
City is interested only in the results obtained and the Chamber shall perform as
an independent contractor with sole control of the manner and means of
performing the services required under this Agreement City maintains the right
to reject or accept the Chamber's performance according 1:0 1:he 1:erms of 1:his
agreement. The Chamber and any of the Chamber's agents, employees or
representatives are, for all purposes under this Agreement, an independent
contractor and shall not be deemed to be an employee of City, and none of them
shall be entitled 10 any benems to which City employees are entitled including but
not limited to, overtime, retirement benems, worker:; compensation benefits, injury
leave or other leave benems.
10.7.1. The Chamber warrants and represents that no promise of Mure
employment, remuneration, consideration, gratuity or other reward or gain
has been made to the Chamber or their associates. The Chamber
promises 1:0 advise the City of any such promise that may be made during
the term of this contract and for subsequent extensions.
10.7.2. The Chamber may not conduct or solicit any business for any
party to 1:his contract or for any third party which may be in conflict with the
Chamber's responsibilities under this contract..
10.7.3. The Chamber further agrees 1:0 waive and forego the following:
relocation benems, owner participation rights and claims for goodwill.
\;
~ ~/l--;l~
~~~~a v~s~= :~\v:5 C~~~~==~
?3;= lJ.
11. CorresrlDndence and NDticinD
Correspondence relating to this agreement shDuld use the addresses given below:
George Krempl
Deputy City Manager
City of Chula Vista
273 FDurth ,!\venue
Chula Vista, CA 91910
Roderick F. Davis
Executive DirectDr
Chula Vista Chamber
of Commerce
233 FDurth Avenue
Chula Vista, CA 91910
~ ~-/(-
-' -
~-----
\:...s"':.=
:jl'v-::r 5 :=::::..:::-=. =-=
~'3~e 12
SIGNATURE P,A,GE TO
CONTRACT TO PROVIDE CHULA VISTA CONVENTION AND VISITORS BUREAU
PROMOTION SERVICES
I N WITNESS WHEREOF, City and Chamber have executed this Agreement
this _ day of 1997.
I;-E CITY OF CHULA VISTA
CHULA VISTA CHAMBER OF
COMMERCE
Mayor
President
Executive Director
Approved as to form by
City Attorney
a:c:mvc97.2
\g
~ ///1--)7
IVI::::IT1;;;tn""T
\ -------:;--"'"
RESOLUTION NO.
/9.3; )
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FIFTH AMENDMENT TO THE
CONTRACT WITH THE CHAMBER OF COMMERCE TO
PROVIDE VISITOR AND TRANSIT INFORMATION
SERVICES AT THE CHULA VISTA VISITOR
INFORMATION CENTER AND CHAMBER OF COMMERCE
MAIN OFFICE
WHEREAS, the existing contract with the Chamber of
Commerce for operation of the visitor information center and
provision of general, visitor and transit information. services
expires on June 30, 1999; and
WHEREAS, although the contract provides for three, three-
year options to extend, it is the recommendation of staff and the
Chamber to extend this contract for one additional year, and
WHEREAS, the contract amendment being proposed gives the
City and Chamber flexibility to exercise options for less than the
full three year terms currently provided.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby approve Fifth Amendment to the
contract wi th the Chamber of Commerce to provide Visitor and
Transit Information services at the Chula vista Visitor Information
Center and Chamber of Commerce Main Office, a copy of which is on
file in the office of the city Clerk.
BE IT FURTHER RESOLVED that the Mayor of the city of
Chula vista is hereby authorized and directed to execute said
amendment for and on behalf of the city of Chula Vista.
Presented by
Approved as to form by
George Krempl, Deputy City
Manager
,
H:\home\attorney\=eso\chamber.xtn
\p
;iIJ - /
Fifth lunendment to
Contract to Provide Visitor and Transit Information Services
at the
Chula Vista Visitor Information Center
and the Chamber Main Office
This amendment, entered into and effective as of July 1, 1999 is between the City of Chula Vista,
a chartered municipal corporation ("City"); and the Chula Vista Chamber of Commerce ("Chamber"),
and is made with reference to the following facts:
'Whereas, the City and the Chamber are party to a contract for general and visitor information
services ("Existing Information Contract", on file with the City Clerk as Document #C094-121) offered
from the Chamber of Commerce Main Office and for operation of the Visitor Information Center at the
Bayfront/ E Street Trolley Station; and
'Whereas, the parties desire to extend the initial term of that contract by one additional year, to be
co-terminus with an accompanying contract for the Chula Vista Convention1llld Visitors Bureau,
NOW, THEREFORE, coincident with the adoption of the contract to Provide Chula Vista
Convention and Visitors Bureau Promotion Services, the parties mutually agree that the Existing
Information Contract, as last amended on June 24, 1997 for the purpose of reference only and effective
as of the date last executed by the parties, is hereby amended in the following regards only and extended
for a period of one year, and as so amended and extended shall hereinafter be referred to as the "Fifth
Amended Agreement":
City and Chamber do hereby agree to amend the Existing Information Contract in the following regards
only, with all remaining provisions rem~;n;ng in full force and effect. Interlineated provisions are to be
considered deleted from the agreement and underlined provisions added to the agreement.
Section 4.8 Use of .Payments andRevenues
The payments from the City to the Chamber and revenues realized from operation of the Center shall be
used only for providing the information services outlined berein or for other purposes as may be
approved by the City Council. These monies shall not be transferred on either a temporary or a
p=anent basis for the puroose of funding Chamber operations that are not directlv involved with the
operation of the Center. Furth=ore. these monies shall not be used in support of any political activities
for any candidate or issue, nor may they be used to supplant other Chamber Funds in any manner that
results in activities for any candidate or issue. Any political expenditure made in relationship to the
Chamber will be considered Political Action Committee (PAC) funds specifically raised for political
purposes.
Section 5.2.2.1 Base Compensation
Effective FY 99-00 and thereafter, for any quarter in which the Applicab1e Operating expenses exceed
the Gross Sales, the City shall pay to the Chamber one hundred percent (100%) of any annual operating
loss, up to a maXimum amount ofU2,999 $15,000 per fiscal year.
.
\.0
~
/' ')
,....
Visitor Center - Fifth Amended Agreement
Page 2
IN WTINESS WHEREOF, City and Chamberbave executed this Agreement this day
,1999.
THE CITY OF CHULA VISTA
CHULA VISTA CHAMBER OF COMMERCE
Mayor
President
Executive Director
Approved as to form by
City Attorney
\.p
/f(JJ
Attachment -3-
c~~tra=~ to ?~~vi=e visi~~= ~~~ ~a~si~ =~f~~B~i~~ 5e~~~~es
~t t.'le
C'lula Vista visitor Infc~.ation Cen~e~
and Ch~er of co~erce Ma~J Dffice
This Contract, entered into t.':lis Dec9her 20,' ~994 for ut.
p::l..""?DSes of refere..Jce on1y and effective as of the date 1ast
executed by the parties. is het101een the CITY OF CHUT..;A VISTA, a
ebartered :mnicipal corporation of the state of California
Cberemafter "city") =d the CHiJT..A VISTA C'"1A..l!3:ER OF CO~CE
(.heremafter "Challlber"), and is :Jr.ade 'With refere..Jce to t.'le
fo110wing facts and definitions:
~_ ?ec:it~1s
Wbereas, the city of Chula Vista desires to .have visitor and
tra=it info=ation available upon req'.Jest, ..ithout cost, to
persons entering the city =d desiri..Jg SalDe, fr= the Visitor
Info=ation Center located on the southeast co=er of E Street and
the Interstate 5 (.hereinafter "PxeJlli.ses"), at an aderess co=only
J:n:r-..'ll as .750 :E street. and .shoom on the :Jr.ap a copy of ...hieb is
a't:tached as EY.1l.ibit A, and frDlD. the Ch~er of Co=erceoffice, 233
Fo::...-t.h ..Avenue. Chula Vista (bereinafter "Ma~J Office"); and,
Wbereas, the Ch~r desires to provide for t.'le visitDr and
tra.-::sit infonnational needs .of residents and visitors to the city;
a:-:d
Wbereas, the ChaJl6er oCCl.."?ies a u,":!igue pu1:l1ic service :;:>Dsitio:
in ti:!e city and .has provided .general inf.onnational services to the
p~1ic at .large fDr Jnany years; and
Wbereas, the ChaJD.ber .hereby ;,;a~ants and represents tha't: it is
experienced and staffed in a Jna.."Wer such that it can provide the
visitor and tra...Jsit i.nfonnation services as .herein required in
accordance viti:! the terns an:3. conditi.ons of this AgreelD.ent; and,
Wbereas. the City a.Jd Ch~ are currently party to a
sepa..-ate agreelIlent for ge..Je-...-aJ. info=ation services at the Main
Office tbrough n ~995-96, ~ ~e..Jded .J'u1y 29. ~99-4, a copy of
.,hich is on file 'I.-ith the city Clerk as DOi::'.JJllent 1'0. CD 9~-:l2:l,
.hereinafter ".Previous Contract"); ano.
Whereas, said agreelIlent covers In=y of the s=e services
herein contracted 1>'.Jt is not site-I>pecific to both the Center and
the Mai.n Office. and 'tile City and the Ch~ :3.0 lD.utually agree to
te=i..'"12l.te said agreelIlent s;~lt!meous;J.y .ith the effectiveness of
this agree:ment.; and -
Whereas, this is a site-specific services agreelIlent ..herein
the Ch~r is obJ.igated to P='ovide services fr= both b~t portion
of t.':Ie PxeJlli.ses des=ihed i.n Exhibit A as "Center" '(.hereinafter
"Center") and t.':Ie !'..ain Office,
~Dw, :L~O:R:::,
t...':Ie city an:! the Ch~e.r agree as folJ.o-..'s:
'/f7~ t Atr:c..
7~ 0~?l!J~j -
~
." ...
I
~\
?~=e 2
2. Definjtjo~5
2.1 MGr055 Sales" Defined.
The t~ "Gross Sales" as used in -this agreeJDent shall i..'"lclude
ti:!e entire Gross Sales o~ every Jdnd .a..'"ld nat1Jre from all' sales
and services JIIade ;iJ:l the rreJll.ises -wbeti:!er .:for credit or cash,
-wbe1:l1er by the ChaJllher .or by others.. witl1 ti:!e exception of
those products or sezyices on 'WhiCh standard commissions are
e~ed. SUch =mmission-1:lased products and services include
}o5exic:al1 insurance, lottery tickets" 'trolley and 'transit passes
and. pay telephones. Oti:Ier products and services lllay be
included in ti:!e commission C!ltegory 'Witi:! the approval of the
city's contract aCJninis'trlltor. For co=ission-:based products
and services.. only the ~=t o~ tl:le co=ission will :be
included in "Gross Sales. II "GrOSS Sales" sba.ll not include
any rebates or reIunds to =stClllers or sales taxes acco=ted
.:for and paid to a govenmental agency.
2.2 -ADPllcable DDeratina :xoenses" Defined.
The te= ".Applica1:l1e Operating ::xpenses" as used in t..l-J.is
agreeJllent shall i.nclude salary and benefit costs, inventory
purChase costs. custodial costs.. and other reasonable C~'"lter
expenses, except as berein excl1lded.
2.3_ contri!lct Administrator
'Tbe city ~ger or his Dr ber eesignee shall be tbe Contract
.J.r'!.",'i....:;..t:rator . .:for PDI?oses of this contract. For those
conditions reqni.ring tbe .."Xitten approV!1l of the city, the
Co:ct:ract .ACJninis'trator. sballbave the authority to provide
said witten approV!1l.
:3 . ?uTPoses of Atrr'eemeTlt.
3.1_ Visitor and Transit ~nformi!ltion services at the Cer.ter
Tbe parties intend 1:11at the Cb.aJllber shall provide visitor and
tr=sit .i:cfonetion serrl.ces. as 'JIIore particularly described
in ~s contract, at tl:le Center :for the benefit of the City of
Cbula virta, the S01rtl1 3ay ~egion and visitors to the Co=ty.
The ChZlJllber has a duty to operate tl:le Center. and provide
p1Jbllc se...-v.ic:esas specilied ;iJ:l this agreeJllent. Although tl1is
agreeJllent bas certain aspects o~ a lease, the parties agree
that tllis .is pr~ilY a 5ervic:es agreeJllent engaged in at a
required lOC:l!.tion, zmd it ~ nota ~ee.~e.
3.2_ 'l'ennin~~S:on o'f Previous COTltre.ct:
si=l'tanecus with the effectiveness of this agreeJDe.nt, the.
Ch~ and city do here~y agree to terminate the Previous
,:;;; .
~[{ ---5
'I
...'::.-,::. .:.
c~:-:'t.ra::~, wi~:h a;1Y e.:1:J all f::~::e.r !'!~:":J. Df=.:..::e se.r.___...i=:es
c=~pe~s=tion t~ be governed s~lely by ~~is ~;~ee~e~~_
4. ~~ties of the Chamber.
4_~ sco~e of services
Tbe Ch~ of co=erce agrees to provide the follo....in;
services:
-4.J..J. General
The Cha"lllZ>er shall respond to all io-al1c-in, phone and :xr.ail
inquires received. :making reasonable and appropriate
requests for infopnation hy the Ch~ frolll individuals,
groups, z,usinesses, ne-....s :media, etc. , and persons
referred hy the City. Responses Shall he ac=ate,
complete, cooperative and. pro:mote goodwill on behalf of
tile city. Jl.esponses shall z,e :made .in a ti:mely ::man..."1er.
..alk-:in ~d. phone in~ie.s_shall be respond~d to as they
are receJ.ved. 'Unless ao.dJ.tJ.onal research J.S re=ired.
Mail :inqu:iries shall be responded to 101itilin thiee (3 )
....orking days after the receipt of such inquiries, u.."1less
erte..-.sive research is requ:ired.
""f'
4.J..2 sta~ J.nq.
The ChaJliher snalJ. provJ.o.e qualified COJnpetent staff ....bo
are neatly dressed and courteous at all ti:mes- Ju.
adequate nuWer of personnel will be sc..'1eduled so that
?e....-.nitteo. co:m:mercial Activities do not signific~"1tly
int~ere 'With the pri:mary responsibility of providing
visitor and transit infopnation. '3etween the hours of
~D:DD a.'lIl. and 4: DDp.::m- on weekdays, weeken::.s and
-....orking holi:days, ChaJliher Shall be encouraged., hut not
required, to provide a :mini:m= of two personnel provi::.in;
service in the Ce..'"Jter-
4.J..3 Trl!linint:!.
Tbe Ch~ Shall provide adequate traL'"1ing to ensure
that perso~'"1el are able to respond to inquiries about
transit and areas of interest frolll :me:m1:>ers of the p~lic
and to pro:mote visitor-servL"1g attractions and facilities
in Chula vista.
4.~_3.~ Exte.."1sive Xnowledge. center staff 'lIlust
have extensive kno.....ledge of and be capahle of
dispensing co:mplete and. ac=ate inforllll!ltion about
the following:
4.~.3.J..J.
l:united
C-"lula Vista
to street
(inClUding but n:-.
locations, lLaj~
4'
mY -t ;z\-
LW:;'
/~7- ~ '"':::.. ,t. /
~ (' ~:;;v 7//
:c;= ..:
hotels/~otels, restaurants,
attractions, goverr~ent offices,
:Nature center, and :maj or shopping
visitor
Chula Vista
areas. )
4.~.3.~.2 Transit infor:mation (in~uding but
not li:mited to Trol.ley st:heduJ.es, prioes, and
stops~ and Chula vista Transit bus schedules
and routes.)
4.1.3.1.3 San Diego County visitor
attractions (including but not limited to Sea
World, Borton ?laza, ai.rport, GasJ.anp Quarter,
!!ission Bay~ beaches lUld otber attractions,
along with applicabJ.e aC:mission prices, hours
of operation andd.irections.)
4.1..3.2 .Adequate :Knowledge. CeIlter staff :must
have an adequate geIleral KnO"..ledge of and be
capabJ.e of dil;pensin9 generaJ. i.n:for:mation abO'~t the
f oJ.l owing:
4.~.3_2.~ l'or-...hern Baja. Mexico (including
:but not J.nite:3 t.o ~ajor highways, cities.,
insurance requ:lreJlleIlts, JIlajor hote2s l:mote2s,
resta=ants~ sbopping are3.S. :major visitor
attractions~ and ..-ritteIl infor.mation fro~
goveIJ1lllentaJ. agencies regarding duty and visa
reguJ.ations. )
4.1..3.2.2 southern CaJ.ifornia (inC2uding but
not liJr.ited to ~ajor high_ays~ cities, an:!
visitor attractions.)
4.:1.4 Visitor Services. Ch~ sha'lJ. provide
ini'ormation .(e.g. 1 oc:ati ons 4 soh~ules, directions,
app'licable fees)~ on t.opics inc'lu:!ing. but not liJr.ited t.o
the follo\i'ing:
1.
2.
cO:m:m1JDity clubs 1Ul:3 organizations
Local events parades. displays,
seasonal p...L>:n.otions .
Cl::l1ll.a 'Vista ~ature Center
u.s. oJ.~":mpio :!raining Center
street. hfonnation directions,
_ locations, elos=es, detours. etc.
!.Ddging facilities
Tra.-.si t. an:! Ran:3Ytra..-.s
Airports and :!rains
Medica1., Professional, and real estate
offices
3usi.,ess re:fe-~a2s
Meeting roo1l:S
3.
...
5.
6.
7.
8.
9.
~o.
1.~.
v
7-lJ---3 ff~ /fg-?
~ - -:::: -
:12. G~ver=-~e:i~ ser-w"icesjcfficials &: :refe.:r=:als
t~ ~?prD?=~~te oe?artme~ts
23. Cb=c~es
24. St:hools
25. ~~se~, historical ~nd cultural sites
26. ~exic::o - infornati on on tourist car::.s,
parking, etc.
27. Tourist attractions
2B. Rec:rel!l.tion sites, parks, picnic are~s ~nd
~ocal beach j,nt'ornation
29. Ne.spapers and local publications
:2 D. ?:'V parkiDgj:mobi.lebo:me parks
21. Chllla vista de:mographics (e. g.
population, housing)
4.1.4.1 Chllla Vista Promotion. Unless
specifically r~ested other..ise ~y the visitor.
info=ation .ill always be given on the co=u.."'lity
of Chllla vista.
4.1.5 citv ImCloe 'En!lancement.
The city, as a public e:1tity, is ~once-"'7led an::>ut the
bI.age portrayed and service provided by the . Cha~er and
its perso=el. The city shall nave the right to info=,
in ...-riting, the Ch~r of actions by the Cha.:mber or the
Challlber'S perso=el, ....hich do not conf'o= with the iJnage
....hich the city desires to nave enhanced which includes
providing cc:mplete and ac=ate visitor and transi7
infornation and presenting a neat, clea.n4 responsive" an::.
friendly iJnage of the city. The Cha:mber snall take all
necessary steps to ensure that its actions project the
:i.Jnage desired by the city as directed fro:m ti:me to ti.:me.
4.1.6 standard Info~ation
The Cha:mber .shall develop =d uti~ize standardized
packages of information for responding to general
inquiries about Chula vista as a visitor destination and
for new or potential residents of the city_ sut:h
pac:1cages .sball.be :mai:ntained ....ith =ent infornation and
shll.ll ~eet with tile apprOVll.l. of the city. The pac:1cages
:may be 'Used, but shall not be 13ee:med solely adequate, for
inquiries ~aking rel!l.sonable.. specific requests for
infonnation not rorti.nely included in the packages.
4.1.7 ~eferrals - other ~O'encies
For i..'"lquiries beyond the expertise of the Cha.:mber ,
referrals :may be nade to ~ore appropriate entities. A
tally of the nu:mber of inquiries referred to other
entities, including date of inquiry, t}-pe of inquiry
(..alk-i:n, phone or :.ail), entity rrlerred to, and subjer
.. /' ;;
2fl:::-T ~lr~ - ~{?-~
?=~e 5
of inguiry shall be recorded and reported in t..'le
quarterlY s=aIY to the city. The Cham::.er ....-i:l.:l. provide
the name and address of the person or ~usiness :making t..'le
inquiry, if appropriate.
4.~.B Referrals - :Businesses
Responses to inqo.ires shall show no preferential
treatJnent to Ch~ :mabers or any other group or
.L,dividual persons or businesses. Wberever possible,
however, refe=a:ls to ~usinesses shall ~e :made to
~sinesses in the city of Chula vista. Refe=als shall
be rotated aJIlong ~sinesses qualizied to provide the
service or se.x:vices reqo.ested.
Tbe Chlmbershall =ordinate responses to sitpluicUlt
:business relocationinqD.5.ries ...ith the city's Co=u..,ity
Develo~entDep~ent.
4.~_3 CUstomer Fe~dbac~
D=ing a specified period each year of this contract
dete-.---:mined 'by the city and Ch-an::.er, the Ch-an::.er shall
devel:op and :make avail~le to the . p~lic 1mSta:mped
response cards addressed to the city to obtain feedhack
on the quality of in:f~=ation provided. Each response to
:mail in=iries shaJ..l incll1ce such a card. All cards
ret'.Jr.nd to the c...~ shall :be :for_arded to the city.
4_~_~D 1'.ail-5:nO' 1ists
The Cb.a:mbe:rsball pr~vice llpcated infonnation l1P=
re=es't to the Ce!:.t.er anc to the visitor info=ation
center at 3onita. Road and :I-BDS (bereinrlter ":Sonita
Center") . The r-h................r Shall include the botil the Center
and the :Bonita Center on the Cb.a1lli:>er'S :mailing liJ;:t. The
Ch~er . sball exercise care in e..,s=ing :both tne Center
and 'Bonit.a Center are pr~vided vith new, pertinent
imo=ation as it arises. such as special events, lists
of visitor-oriented businesses. a..,d attractions.
4_~.~2 Tree Se~ces
The Ch......'"'e;r sball not charge the public a fee for
providing services unless 5pecifically approved in
.-riting by the city. Ch=Per :may request approval for
:fees at any t:i:me an~ vill provide a co:mpl.ete list of any
'booklets of 3.nfo~tion being sold 'by Jul.y 1. pf each year
of this agree:ment. Generally, extensive :.ooklets of
infonnation that re:Late to the topics in Section 4.:1.4
consisting of :more than 1S pages vill. 'be considered :f~r
fee approval. 'by the city. city :maps vi1.1 be sold to tile
city and the Cen';.e.::." at cost, to the :Bonita Center at
~_ -I/~ \9/7!f ~~
~
?~;e 7
:ae:mber cost a."'ld for n::> more tha..."'l $3 to t.he ge..Jer~l
puZllic.
4.2 Covenant to o?erate~ services to be Dffered from Site.
The Cha:mber shall operat.e a first class visitor IDfor:mation
Center according to the f02l~wing stand~ds for the term of
'this agree:ment as saJIle -:LaY 1>e from "time to t:Une e.rtended.
"'_2.1. BOUTS c'f D'oer~t.o;Oj"J.
The Ch;mDer shall operate tbe Center at least nine (3)
ho=s per day on weekdays ano eight (B) ho=s per day on
weekends and .holidays. Initial operating ho=s shall be
9 a.m. to ~ p.~. on weekdays ADd 9 a.~. to 5 p.m. on
weekends~ subject to alDendlnent by separate .-ritten
agree:ment of tie Cb2!Jllber and. Contract Administrator. The
Center ~ay De rlosedon 'l'ba..."':lksgiving~ Cbris'tmas and Fe;.;
Ye~s Day.
4.2.2 Transit Passes.
'The c.."la:mber .....il1 ):fake a"ailable for sale to the public
transit passes issued Py tbe ~etropol.itan Transit
Development 30ard (MTDE) and Cbula "Vist.a :Transit. T.b.e
("",,,,.,,,her ",il1. also JnUe change for transit fa=es z
requested. by the public to the e.rtent feasible.
4.2.3 Precedence of Services.
co=ercial activities, promotion andIor referrals shall
not inter.fere ...itb the ChalDher's ahility to provide free,
reli-able.coJIlplete =d trne info::cnation in response to
requests froJIl public ..sers of tile facility-
4.2.4 sicmaoe.
'Xhe Ch1!Jllber :may be required to post a ":Free "Visitor
Info::cnat.ion" sign at each t:lf fie three entrances to the
Center or at tile C:OD.."'lter. Size and design of the sign
will' :meet with the approval of tile city.
The Cha:mber is prDb.ll>ited frc:m erecting or =eating any
signs on the preJdses which are visThle from the outside
or :in 2:rlY aJ;'ea with:i:n fie j=isdict.ion of the city
without prior .-ritte.."'l approval of the city. Interior
signage or advertising is suZlject to the city's approval.
4.2.5. D'5Dlav ~=vertisino-
The' Cha:mber sha:n. be pe...oo-:mi tted to sell disp1....1
adve.rtising space. ...hich shall be laited to both side.s
of the nortb;.;est .i.ndD" ~aci.....,g nD~ or =.1 te.rnete ....indo...
;2B-7/ n ~ ~ ,-- J t7
?:=;-e 3
space if re:p.est.ed "::Jy t.be Chalr.::.e::- and ,,-pp::-oved ::.y t..."le
city. Display adv~isi.:'"l3 0:1 surfaces ot.l-Jer than ....in:l::r...s
is limited to those areas in~icate:l on the Design Layout
as nerein define::! a..'"ld as it lIlay ;,e lIlodifie::! ...ith the
cit~'s approval.
4.2.5. ~all Space.
;:xcept as provided :herein or otherwise approved :b~ the
city, interior and exterior wa~~ space ,.i:l.:l. be posted
only with public service i.Mornation consistent 'with
lIlaterial. identified in this agree1llent, and displ.ay
lIlateria:l. supp:l.ied or approved by thE City ~esigned to
pro:mote visitor attractior.s in c:hu:l.a vista.
4.2.7. Info:r:mation Counter.
Display of retail lllerchandise on the :i..n~D=ation co=ter
top shaD. not .signiZicantly interfere vith its abil.ity to
;,e seen =d ~sed ~Dr providing visitor and transit
irao:r:mation. Disp:l.ay cf additional. retail. lllerchandise
::beil.intl the co=ter .shall. present a neat. =cluttered
appearance.
4.2.3. ?av ?hone.
The ChaJli:be:r ShaJ.l be req'.llred to :maintain at least one
pu=,lic pay pbone on the ?reJllises.
4.2.3. ~estroo~ ~ccess.
During the center' S 110urs of operation, the reStrOO1llS
shall be =lor::ked !L'"')d availabl.e ~or publ.ic use. The city
reserves the rigbt t:) al.low bus Mi'Vers to :ha'Ve access to
the restrocm..s during :hours that the Center is closed,
vith said access ;,eing tbrougn the exterior doors opening
into the Center"s rest:roo:ms. ~o access wi:l.l. :be pe=itte::!
in to the other interior areas vhen the Center is closed.
The c:hlmher vill lock the interior doors to the restroo:ms
when the Center is closed to :help prevent access.
..Q.2.J.O. CC'm'Oli-a"ce vi"t.h "tl1e L!5'W.
Operation of the ?remises shall c=port with all
applicable =d~ces, :rules and regul.ations. including
:but not laited to, those provisions of the M=icipal
code relating to the sale of adult lllate.rials such as
those regulated fer adult ;,ook rtores (city Code
~9. 04.(07) and ~e co=ty of Sa.n Diego Bealth
Department#s regula.tions relat:ing to food. sales and
consmnption.
~
~ #~ /-:/Jtf~//
?a;e 9
~.3. Dutv to ?rovide services Of~-site
4.3.~. ?revious contr~ct
In recognition of tile fact til~t not all services
perfo:nned =der tile Previous contract .are transferrable
to tile Center, due prilnarily to tile walk-in oriented
business attracted to tile Challl:ber's Main Office, the
c~amber shall continue to provide li~ited General
Info:nnation services for tile city at its Main Office.
The Ch!:.llll:>er shall continue to represent tile city at
selected trade sh:rws, work 'Witil the city's economic
develop~ent staff to obtain ~ateria1s and displays, as
appropriate, and represent tile city at selected special
events to pro~ote fie city to visitors and enhance its
regional lJnage. The Ch~ .shall also provide necessary
~anage3llent tiJDe req1rl.red to ens=e that all of tile above
services are perfc:Jlled in .l!l professional and tiJnely
::r.a.--mer. c=pensation :for the above services (hereinafter
"Ma:i.n office services") sball be as hereinbeJ..ow provided.
4.3.2. Main Df~ice services - Bours of OPeratiDn
Ch~ std:f shall be avai1a.bleto provide Main Dffice
services 1<3onday thro'Ugh :riiiay :fr= 9:DO a.lD. to 5: DO
p_lD_, except :for :New Years Day. :Martin !..1Jtiler :King Day,
presitlent. s Day, :MelDorial Day.. Independence Day, Labor
Day. Col:=:bus Day, Veterans Day, Tha..1'lLsgiving Day, the
day after Thanksgiv:i.llg Day" and Christmas Day.
EoJ.idays cited ll.b::>ve falling on .a Sat=day ....ill be
observed on :riday. 1<then.a wllday occ=s on Sunday, it
will be observed on fie following Monday.
4.3.3. Consolidation Df se~ces
Where p05si.:ble and practical. fie Chl!.lDber shall endeavor
to consolidate t:.b:is lDain office service 'Witil tbat
provided at fie Center. Ef':forts to consolidate shall
incl-ude. but not be li:ited to, White Pages listing of
tile Center phone n=ber and site as the Ch!:.llll:>er's
"General In:fo=ation/To=is~" contact and review of phone
.l!lDd "".. ~, handJ.:i.ng proced=es.
4.4. Se=ritv~ BOTldiTl~.
'1"De Ch~ shal1 deposit $:10,000 in cash as ',se=ity to
!!.SS".::.re that tile ?remises is :o:-et=ed to its original conditio'
'Upon te.nnination of the =ntract ("Se=ity"). City shall us,
best efforts to invest ~e Se=ity in a ::r.anner typical o:f
other city :i.nvestlDents- city shall p~y annually to the
ChalDber the interest e~.Jed on the Se=ity at the average
interest rate earned ~ t..~e city on/?all of its liguid
A7 /? /~ft1J~/-2
?a;e J.:>
i::Jvestment.s. Tbe Chaper has tbe opt.io::J t.o provi:5e city ;;i~'1
a se=ity bond i.n a fo= accept.able t.o City-as an alte=-:-.ative
t.o se=e the Ch~er's perfon:r.a.'"'lCe as nerein required.
4.5. }tis1c Miti::ration.
4.S.~- ~tv to conduct a saye operation.
~e r'l'.,..",her .:nall operate "tile preldses in a safe and
reasona]:lle '2IlaDI)er.
4.5.2. Inde:mnitv~
The cnl!Jllber .shall ddend. indeJllllllY and hold hU'lnless the
City. "tile3.I elected ~dappointed Dfficers and eJllployees,
"tile Redevelop1llent Agency of tlle city of Chula vista
(hereinarter "':Redevelopment Agency") r tlle County of' San
Diego. and 1:l1e :Hei.J..Llpolitan Transit Deve10pJllent Boar:9.
(hereinrlter "K!'I>B"') ::frO]ll a.'"1d 11gamst all clai:s for
da:ml!l9es. J.i~ilit.Yrcost. and expense (:incl1ldi...'"1g vi"tilout
l.ilnitation attorneys. :fees) a:d.sing o'Ot of "tile conduct of
1:heCh~er or any agency or elllplDyee. subcontractors, or
others in .co=ection with tbe execu.tion of the ..ork
covered l:Jy 'this Agree:ment. except only :for those clai:s
arising :f:r= t:he sole :negligence Dr sole ..ill:ful conduct
o:f "tile city, its of.ficers, or eJII?lDYees. Tbe Ch~.-r' s
indeJlllli:ficaticn sha.J.J. incl1lde any and all costs,
expenses. attDrneyS# .fees and J.iaili.1ity i.n==ed 'try the
city., its officers. agents, or eJllployees in defending
against:such clai:s.'lo7hether tile s=e proceed to judg:ment
or :nDt. 1".J:rtl:ler. theChalllDe:r at its o.."D expense shall,
1lp011....-ritten request by 11le city. defend any such suit or
actiDn brougbt against "tile city. its Dfficers, agents, or
eJllployees. The Ch~ts' indeJlllli.ficationof City shall
not be l..ilnited l:Jy ar..y prior or subsequent declaration by
tbe Ch1!Jllber-
4.5.3. insurance.
c:halllber s.hal:J. r tilroD"J'...=t the d=ation of this AgreeJllent,
lIlaintain ins=ance' UO]Il responsible and I>olve.nt
corporations a'D.thorl%ed to issue such policies in
eali.fo:nri.a with a .financia:J. rating of at least aliA,
C1ass V" sota~ or ;.etter as rated :in the ~ost recent
ec1ition of "'Best.., so Ins=ance Reports" =less a lo..er
:rating is approved by the City'S :Risk Manager. Said
in>>=ance coverage .".....11 inc~1loe:
~.
.
c=ercial Genera1. Liabi:J.ity :I.ns=anc:e incluoing
~iness; Auto~obile Liability Insurance in t:he
'uount o~ $~ ulli.on c:o:m:bined sing1.e ~i1nit, ...-hic:h
n=es t:he city of c:bula vis;U as additioDal insured
. /f~
~ ~::-~/7g-JY_
?a;e J.l
and is pri1lia...ry to ~:ny ~nsura;)ce policy carried b'
the city.
statutory
- :Employer's
ldllion.
worker's C01lipensation Insurance and
Liability Insurance in tbe eJIlo=t of $:1
2.
3. All risk property insurance covering the value of
property inside tbe building-
Ch~er will provide., prior to cOIllDle..'"'lCe1lient of the
services required =der the agreelllent., certi:ficates of
i...'"'l.surance for the coverages required in this section,
and, for COIllDlerciaJ. Genera1.1..:i~ll.it:y Insurance, a policy
endorselIlent for the city = additiona1. insured, a policy
endorselIle:nt stati.n3 'the Ch~" s insurance is prbna...ry
and a policy e:ndorselIlentstating that the li.Jnits of
insurance apply separateJ.y to eaeb project away frolll
prelllises o.."ned~ rented or operated l:ly the ChaJllber_
Certificates of insurance Jnust also state that each
policy Jnay not ~ canceled or Jllateria1.1y changed without
at .least thirty (30) days ..-ritte..'"'l notice to the city.
:Eac::...'1 pollcy whieb the Ch~er 1liaintains shaJ.I naJDe t1,
city" Reoeveloplllent Agency, tbe Co=t:y of San Diego a;-..
MTD3 as additi=aJ. insureds.
~.6_ DuaTter1v ~e~orts
The ChaJDber shall record and sublllit: i...'"'l. ....-riting qu=terly
reports to 'the city for tbe quarters ending Septelllber 30,
DeceJliber 3J.... ~llIc:h 3J. and.:r=e 3D. Said reports l:.re due
.ithin 30 calendar days of the end .of tbe quarter an:5 shall
inc:l'ude the following:
:1) NUJIlber of i...'"'l.q1liries processed, per location, at
hoth the Center and the 'Main Office, as received by
:znail, phone and waJ.k-in visitors and tbe nu:mher of
inquiries responded to hy JllaiJ.. Types of inquiries
shall :be categorized by, hut not J.i:mited to, the
foJ.lowing topics:
a)
:b)
c)
do)
e)
f)
'. ..;)
n)
i)
j)
~o=istJVi.sitor reJ.ated
Mass ~"lSit - troJ.ley. ;,us
S?edal ~e:nts
New resi.dents
Gcvex=ent services
Mexico
3usiness/service referrals
Ge..'"'l.eral civic informat.ion /
Ret:re~-=ion 0
Dther ~!?/'/f
~U~ -
?:=:;e ~2
2) A55itional data snall ~e collecte~, in a fo~ a~~
freg'..Jency as furt.."ler specifie::3 by tbe city I
regarding visitors' cities of residence and hour
~,d oay of visits.
~.7 F5~ancial ReportS.
within "thirtY (30) days after 'tbe end t:>f each quarter of the
ter1ll hereof, c01lllllencing vi'tb 'the th5rtieth day of the JIlonth
i=ediately following the first quarter of this agreeJllent, and
ending "d.t.h the thirtieth day of the JIlonth succeeding the last
JIlonth of the te= of fiis agreement or e:rJY extensions thereto I
tile Ch~ shall :furnish t.o 'tbe city a sut.eJIlent. :in ..-rit.ing,
certified by 'tbe Ch~er to be .co:rrec:t~ showing for the
previous quarter the Cent.er's GroSS Sales and Applicable
o;.erati.,g Expenses. The C'p"'Y!lber shall keep:
(a) fi1.land acCtlJ:'ate bOOKS of a=o=t and records in
accordance viti Generally Accept.ed Accounting Principals
consistently applied, including.. -..inort ~iJnitation, a
sales journal" general ledger.. pa;yro~l records, and all
:t>arik account state.1llent.s sho.dng .deposits of Gross Sales
. '
(b) all casn regist.er receipts .ifi regard to the Gross
sales. =edits. ref=ds and otber pert.i:nent. transactions
JIlade :fr=or upon tDe ?remises and
(c) detailed .original records of any exclusions or
deductions fr= Gross Sales-
SUch bOOks, receipts and recorJis shall be kept. for a period of
two (2) years after tile close Dfeach ~endar year and shall
be available for i..-,.spection and. audit l:ry fie city and it.s
represent.at.ives at the ?reJUses or at. the principal place of
business of tile ChaJnberd=i:ng. regular :business ho=s. In
addition, upon request. of the' city., tDe ChaJn:ber agrees to
f=ish t.o tile city a copy of . tile ChZlJllber"s state and local
sales and use tax retur.n.s. The city shall, 'Within two (2)
years a:ft.er tile receipt ofe:rJYsuch stat.eJIlent.s, be entit.led to
an audit. of such Gross Sales and expense record. Such a1Jdit
shall be conducted Dy tDe city or Dy certified public
ac=untant. t.o be designat.ed :by the city a=:ing no=a.l :business
ho=S at the p:d.ncipal place of ):msi:ness of the ChaJDber. In
addi t.ion, if e:rJY of tile Ch~' s stateJllents snall :be found to
have understat.ed GrOSS Sales or overstated expenses Dy JIlore
than two percent. [it), or if such a1Jd3.'t shO"oiS 'that the ChaJDber
has failed t.o JIlai.n'tain the DO:>ks of accoun't and records
reqc.ired by this section $0 that the c:i ty is unable t.o verify
the ac=at:y of tDe Ch~er' s s'ta'teJllenty then.tile Ch~
shall pay t.o the city all reasonable cos'ts and expenses
(incl1Jd.ing. reasonable Zl.1J.:3.i'tor and at'torney fees). 'Which JIlay be
,-,,=e. by ",e ;:;"",uct1.,' ="" .ll:;) _ / .s
r.:;e ~3
4.3 Use of ?a,~ents an~ ~even~es.
Tbe pa;r"'1llents from the city to the Chaver a::1:j reven:Jes
realized rrom operation of the Center shall be ~sed 0::11y ror
providing the information services Dut1ined :herein or for
other purposes ~s '1nay be ~pprDve~ by the city councT1. T:hese
'1nonies snail not be used in support of ~y political
activities for any candidate or issue, nor '1nay they be used to
supplant other Ch~ :fUnds in any :manner that results in
such Chzmber funds being used. to support ~y po1i tical
activities for any candidate or issue. Any political
E>..-penditures '1naae :in relationship to the Cha1llber will be
considered as Political Action Comri ttee (PAC) funds
specifically raised for political purposes.
-4.9. possessorv' ~nterest 'Tax.
:E:ve.., thougn this is a site-specific services agreelDent, an:J
not a lease, the Cha1libe:r shall be responsible for any
POs.sessory interest tax. if s=e'1nay be successfully assessed.
5. D~ties of citv.
5.1. utv to v,a"ke
of tne Cham::.er-
.'s~s 7'."I.=i'ab'e
n~ Occu-::>anc
ci't:y agrees to '1nake the :re1D.ises a...,:j Center available to th~
Ch~ :l.n order to provide the visitor and transit
information services herein required, lL'"ld to conduct such
other co:1latera1 uses herein pennitte:J, 'Which availability
shall be to the excl~sion Df all other cODercial uses of the
preJnises- T:he Ch~ bas no indepe.naent right to occupy the
?reJll.ises and Cent~ except to proviae visitor and tra..."1sit
:information services..
5.2 Dutv to ~110~ tne Chamber to Conduct certain Commercial
Act5v:it~es..
5.2.:1. 'Pennitted commercial ~ctivities.
On the t:e=s ~nd conditions herem specified, inclu~ing
accordance 'With the ~pproved Design Layout. the ChalDber
shall have 'the right,. and City shall pe=it the Chall:ber,
to conduct 'the following commercial activities or sales
at tbe Center:
5.2.1..:1 ~lL'"lSit tickets ~d passes
5.2.1..2 ftChula vi.taft:
1.) T-Shirt.s, Caps
2) :Bumper stickers, 'Y..ey Chains. Buttor-
3) Pens l!.."'ld Pencils
-4 ) postcardS
5.2.1..3 Yi~. Yl~shbulbs, a~ Batteries
zg-;T X~fi?}'[J -It
:-ag-a :4
5.2.J..4
5.2.1.5
5.2.1.6
5.2.1.7
5.2.1.8
5_2.1.9
5.2.1.10
5.2.1.J.1
5.2.J..J.2
5.2.J..J.3
5.2.J..14
5.2.J..15
5.2.1.16
5.2.J..17
Maps/Gui=e B~ks
Mexica.., A'.:t.o InsJ;r~nce
Newspapers and Magazines
Travelers Cheer...s/berican Ex?=-ess services
50ft PrinT...s/Coffee
candy./G=/Sn-ar::.k Feods
S1mglasses
s=t.an Lot.ion/Chap St.ick
pest.age st.iDIlpS
lOeenex/poc::lcet. Co:mbs
:Lott.ery Ticlcet.s
To= ~ Ex=sion Tir::.ket.s
Video/vending ~achines
Disp::!.ay advertising space as p~itted
:b ere.iIl.
Tbe sa.J.e of produt:t.s or services not. listed ~ove is
subject to t.:be city's approval. Such approva::!. snal::!. not
be ~-,reasonab17 vithheld. but shall be consistent with
tbe approved Design Layout.
5.2.2 compensation.
5.2.2.1 Base Co~~ensation
:For a.'"'lY quarter in ....hich the Applicable operating
:E>..?enses exceEd the Gross 5-ales. t.:be city shall pay
to the ChaJnber half 'of tile difference, up to a
~axi1nmn alllo=t of $15,DOD per fisc-a:l. ye=.
5.2_2.2 y,ain Office services ComoensatioD
-
For contirl'uing provision .of :Main Office Services,
tile ci t7 agrees to p-ay t.:be ChaJDbeI the Sulll of
$30.,1~B per fisca:l. year. prorated quarterly, for
the ter.m of tilis agreeJllent.
5.2.2.3 CPT ~d~ustments
At the :.option .of t.:be city~ the =ua:l. su:m listed in
sectioD 4.2.2.1 and/or 1.n section 4.2.2.2 JIl-ay be
adjusted at 'tlle beginn.ingof each fisca::!. ye=,
surtixlg vith 'tlle FY 1995-95, 1.n proportion to 'the
percentage increase of the All 'Orban CODs=er ?rice
~dex for the San Diego RegioD (C?:I) for the JIlost
recent twelve (12) JIlonths, 'Up t.o a JIlaxiJnUlll of 5%
per ye=.
5.2.2.4 ,-illle .of oa'\o"1llent
Q".:t=terly pa)"nents shall be lLa.de wit.:bin ten (10)
vork de)"s after receipt of quarterly reports te he
""// . 'v
~7~ 98-/7
?a::e :'5
su;,...i t:t:e~ ;,y the ~_ar.ber as specif:. e~ i::i Se:::t::. 0:1
4.:1.:10.
5_2.2.5 ~e5idua1 co~~ensction - ?rev)ous Co~tTec~
Tbe city agrees to ?ay the ChaJnber the pr.,ipe agree~
in the Previous contract ~or the final quarter (s)
or prorat.ed fractions thereof ~or all services
delivered through the tennination dat.e of the
Previous contract.
5.2.3 lniti~l Su;,s~ov fOT lnventorv
Prior to ~arcll 3:1, :1.995, the city shall provide a one-
tilne p~YlIlent of $:10,000 to i:.be Cha:mDer to proc=e an
initial inventory of Chula Vista-related llIe:mcrabilia for
resale .at the ce.."lter. Purcllases llIade with said one-tilDe
pl!l}"JDent snall not be considered Applicable operating
:Expenses-
5. D€si=n ~avout.
6.0.:1. Tbe city =:! ChaJllber agree to cOlllplete a pla:1
'...hic::h de:m::ln......rates ue c::llorscheJlle, i:.beJlle, lignting, an~
pbysicallocation of =y fur:nit=e., fi>..-t:.=es or equiplllent
as lllay be include:!, suc:n as tables, cllairs., racks,
shelves, ve.."lding llIac::hines, display advertiseJllents, etc.
(hereinafter "Design Layout") to be incorporate:! into the.
interior and exterior =eas o~ fie PreJllises. The city
..ill ....ork with the Ch~ a....d a space designer to be
provided by the City to develop a .:!esign layo'Ut that is
acceptal:>le to both ?arties. ci ty Approval will be
sUbject to all city rules and regulations, including but
not :Li1lIited to Design l<eview. The city andCh=ber ....ill
llse goodfai1:.h an:! :best '.efforts to pro:!uce a graphic
Design Layo'Ut acceptable' to the city no later than
Decel%iZ>er :2 0, J.995.
6.0.2. until said Design Layo'Ut is llIut.ually agreed up::ln
by "tile parties, or =til the te=mation of this contract
if agreeJllent on the Design Layout. is not reac:ned, The
Cha1llber shall lllai.J:lUin center displays. including, but
not l:i:mited to, the ~ollowi:n9:
:1. One bulletin board of oommunity activities of
a si:z;e a.....d design acoeptable to the city. The
Ch=ber shall ins=e that =ent :info~tion
oonoernin;;J 'Upco:min;;J special events wi thin
ChulaVi~....a are displayed at all t.ilne.s.
2. Display lllap Df the city of !:bula vista.
;2g--/(
~#
c.'1ut vista;
.YJ7 - /:5
3. Display stand of scenes of
?a:;;e ::5
4. Display space 0:1 tbe infonnation c::>:mter for
brochures designate~ by the city about Cbu2a
'Vista attractions- The CbaJllher ..i12 fur"'...ner
previde space ~Dr transit brochures designate:3.
by tbe city in a 1.ocation 1lll:!tually agreeable
to 'the parties- -: -
5_ At 1.east J:lne fully stoc'ked brochure rac::k in
1:l1e 1.'Obby area of 1:l1e preJllises ~'Onuining
brochures which provide jn:f.o=ation on. tile
lIlajor visi'ter ~:ttr!l.ctions in Cbula Vista and
San Diego cou.,ty.
city ::may te:oninate any 'Use in 'tbe interier 'Of 'tbe Center
'Or 1.ayo1Jt 'Of 1:l1e interiDr ~aci1.ities whicb it finds
objectionu>le; and 'the Cba::mber is pI''Oh:i):dted fr= :use or
decDration 'Of the exterior areas "Ii'i'thout 'tile .advance
..Titte., approva1. of 1:l1e city-
-6.0_3- The Cb~ sr..all n-ot llla'ke any structural
:l.Jr;orOVeJl\en'ts or changes 'to the ?reJllises exce-ot in
accordance ..i'th 'the "DeSign Layout" ....hich :has. been
revie..e~ and approved by 'the city.
5_ D_4. Tbe CbaJlOer.fs 'Operation of 'the ?reJllises ..ill
CDnf-o= to 'the approved Design .Layout_ Any changes 'to the
approved Design ~YD'tlt :must have pr.ior approval of 'the
city.
'7. ~evi eo:> and A:mendJner.t
The CbCJliber and contract A"'!T'~nistrator shall ~eet on at least a
q',"-arterly basis 'to revie.. i'teJllS including. but not li:mited t.o:
guarterJ.y repDrts. scepe 'Of services. 110urs of e,peration, pe=itted
co=ercial activit.ies.. design ).aYDut, and scope and consolidation
'Of ~ain Office services.
Tbe c=.aJIiber and 1:l1e contract Aoinistrat.er :may. by separate ;."Iitten
agree:ment. =e.nd 'the scope 'Of services Dr 'Operating conditions
relating to: 1'0= and content 'Of quarterly reports. visit.er
services. hours 'Of operation, pennitted co=ercial ac:tivi'tie.s ami
design layout.. A:nY ether changes shal1. be ~ject to fo=al
contract aJIle.."lC:me..,t.
E. 'Te=
B.~ ~~~t)~1 Term_
The t.e= of 'this ce:ntr~ct !>ball be for two andone..,nalf (2.5)
years, co=encing ~a.nua..-Y ~, :1995 and ending ~une 30, :1997,
subject to- 'the e>.-te.."'lsio:'1 and te=ination provisio:ns of 'this
agreeJDent.
>-f
~~Ag-/7
:'=;e J.7
B.2 ~ti~n to E>~en~
:Follo....L-,gthe initial te...-.nof t..,"is agree.lDe..-:t, the city and t.."le
c.~a:mber shall .have ti.ree (3) consecutive options to exte..."'ld
this agree.lDent for three (3) year periods, for a :maxilll=cf
nine (9) additional yeu-s. O""...her te=s and condit;pns of the
contract d=in9 tbe option peri.l:ld (s) shall he the s=e as the
.i..'litial te=. To exercise any such option to extend, the city
:must give the c:ha::mber .-ritten notice of its intention to
extend at least five (5) JIlonths before the. expiration of the
:initial te= or then current extension period. '!'he c::hawe.r
shall .have th.irt:y (30) days to notify the city of its
~tention to accept tile extension optit:>n_ The Cha:mber's
a::ree:me.nt to extend shall be at its sole and absolute
discretion-
9_ ~aintenance. Repairs. utilities and I=:rovements:
9_~_ Recular ~a~ntenance
'l'be c::ha:mber sball be :re.5?~-:sibie for Jc.eeping :in good order !md
cO:::ldition the :Ult~i= of the preJlli.ses, the vending :machine
area, and the rest ==S., :Ulcluding but not li:mited to
:Ulterior valls, f~oors~ ....indo~s and necessary cleanin~
thereto. The c:h~er shall clean and provide :minor
:mainte..."'la.nce :for the rest :rooms., ",hich are a portion of the
preJnises.. :for fie use o:f the pu=>lic. Restroo:ms . vill be
cleaned at ~eastonc::e per day on Mondays through Th=sdays
:Restrooms ",ll1. he c1.eaned at 1.east twice per day on fiidays
t1lrough sundays and on JIlajor ho1.:idays. =less less :frequent
cleaning :is approved in a:riting by the city. :RestrOOlll supplies
such as toilet paper and paper to\i>e1.s sha1.1. be provided by tile
c:hanber. '!'he c::h~-I shaJ.l be :responsible for a1.1 costs and
supplies ::necessary 'for the proper cleaning of the :interior of
the -preJri.ses. :includi..-:g grrl.:fiti :re:moval ",bicb does not
:requ:ire pa.inting. and :minor. =intenance sucbas :replacing
interior light bu.1.bs. "'he c::haJDber sbal~ he responsi.ble :for
the professional cleaning of the :interior 'floors and vending
:machine area f~oor at 1.east once every three nonths using
pro:fessional equip:ment =dJor personnel. The c:h~ shall be.
responsible 'for =intenance o'f the exterior advertising
panels~. ste= cleaning of the exterior patios and 'Wa1Ja;rays of
the preJri.ses ",.hen ::nee:5.ed, trash pic::k-p:p and re:moval. and
exterior ashtray cleaning-
3.2. r~cilitv ~e~~~rs
'.!'be city shall be respo=ible for :repairing and lllainuining
the exterior of t.he center. This respo=ibility..~""tends to,
but is not 1.ilnited to* t.he interior, the roof, exterior ..-alls~,
landscaping. an:5.gra'ffiti re:moval. The city shall be
responsible :for repai:ri.ng and :maintai..-:ing all pe=a.'"'le'
in't.erior' :i.JIlproveJnents to tile pre:mises. Said a';lrcve:ment,.
V -.
~ /~?!l~.2{}
?;;e :13
S"all '~"'lu"'e ....,,+- ~.' ,...+- be l,--_';~e'"
.. ,:,.._.., --'_ .._ _~ _ ..l
s)'stelllS, ..in:3o..'s, firt=es, painting,
t.o, plu::.=:.in;, ut.ili~y
and .all coverings.
9.3. ~eT~encv Re~aiTs
The city authori%es the c:h~ to ]!lake elllergenc:y-repairs of
up to $500 for iteJnS the city is responsible for repairing and
:mai.nta.3:.ning. DnergeDq repairs include but are not liJnited to
~roJten vindows and Ioof leaks. The city vill reiJlll:lurse the
Cb~ for reasonable costs ~ to $500 for such necessary
elllergenc:y repairs vithin si>:ty (50) days of sUblllit'ting an
invoice to the city's contract adJr.inistrator.
9_4. Neolic~nce
:Notwi"thstanding ti:le :foregoing sUbsections" the CbaJriber will be
re.spons:il:lle :f= all repairS requ1.red :as a result of negligence
o:f the ChaJDber or "the CbaJDPer"s eJIIployees.Costs of said
repairs. .Shall not be deeJned "Applicable Operating Exper.ses."
9.5. 'Vti15:ties
Tbe city .s....all be resp::>nsible -for all -..ater,' sewer, and
elet::'"'...rici:ty utility co~..s associated with the use of the
premises, :L-,cluding :the restro=s. The Cba1lll:>er shall be
responsible for all trash disposal. al= service and
tel~pbone 'Costs. 'Telepbone billing records and long eistance
charges 5m111 be sUbject to review :and audit by the city.
9.6 ~~rove~e:nts and Personal ?ronertv~ Title unon
TerlTlination
unless Dthernse provided in ..-:rit3..ng 'by both :parties, all
iJn'ProveJnents t.o ti:le :?reJUses shall be ti:le responsi.bili ty of
the city., and upon tenninai.ion of this agreeJnent, all
i1llproveJnents to ti:le ?reJ:.ises, all invent.ory anti all. personal
property Ie1Ilaining on the Prenises sna11 be eeeJned to be the
property of city.
::10. TerlTli:nat"i on
~O_J. r.3.ant ~o 1:T:5'Dec:t O':>ens"t:5-ons.
The contract AdJr.inis:tre.tor sna1l he.ve the rigbt to enter the
Ce..-,t.er, inspect s=e and reviev the operat.ions of the Cbe.J:tber
under ti:lis agreeJllent e.t any t~e during the tenn of this
e.greeJnent.
,
~O.2 Riant t.o DetpTmine v501ations-
I~ staff .sba:1.1 determL-,e that the Cbe.J:tber is in' viole.ti::>n
the te..~ of section 9.-4 ("c::ritice.l Violations") or
l's'on'tiean~~~~;;::.~ ~~:::; ,lot
of
9.5
this
?~;:e 1-3
J,~reelDer.t ("o--_"ler Violations"), staff s::.all :1otify ("Notice of
Detenr.ination") the Cha1!lher 'by telephone (or by such other
~ethod as it shall dete=ine appropriate given Sta~f's
assesSJDent of the seriousness of the breach and the urgency of
the need for cure) of the violations. Staff's determination
that a violation has occurred snall not he reviewaJ:lle by the
city council at this t:iJne, hut staff snall use its reasonable
judg1Dent in exercising its discretion llere=der.
~O~2.1 Contents of Notice of Determination.
The ~otice of Dete-~ation, verbal or .7itten, shall
contain the violation or violations, the date and tilDe,
if tiJlle specific, of occurrence of the violations. the
nature of the vit:>lations (i.e.. critical., Significant,
other), lL"'ld Jnay est~lisb a t:iJne within which tt:> co=ence
a...,d effect the cure .if Staff desires ~nd .if T:iJne to cure
is reguired to he tendered. z,y the teT.mS hereof (Section
9.3) .
~D.3 Ti~e to Cure.
~D.3.~ Ti~e to ~~re Not Re~~ired-
If staff reasonably detenr.iDes that a violation by t..':>e
Cl'lalllber..-asor is either a ....illfll.l and avoidable
violation of critical .nature. or not capable tlf cure,
Staff JIlay iDstit-...te Tenni.nation ?roceediDgs, as
bereinhelo'W defined. i=ediately without providing till\e
to cure.
lO.3.2 '1'i~e to C".::re Re='irec.
unless Staff is not re=ired to afford the c...'laJriber ti:me
within which to cur';. the violation (10) pursuant to
paragraph 9.3.:1.. staIf Jnat establiSh a t:iJne within ....hich
to cure the violation at or sUbsequent to the time at
wbic:h it determines a violation bas occurred. Staff's
establish:ment of a time ....ithin which to cure shall be
halOed upon .its dete-~ation of thec:haJllher' s culpa:>ili ty
in co=itting the violation, econoric feasibility to
cure, and need to =reo
~O.3.3 Torce ~~~eL~e.
If a violation oc~~s that is caused by a :fire, flood,
e.ar...hguue, hridge collapse, c:::he:mieal poisoning, act of
~, or simi.lar Jnaj or cali!lJni t:y, and as a furtber resu.l t
of said cala1D.i ty , the c:h~ is prevented fro:m
co:m:mend.ng and diligently prose=t.ing a cure for the
viol~t.ion using re.a.son~le efforts, the. duty t.o cure tl
violit.ion shall Pe suspended for the period of ti:me in
~
~~$c?~
?=~; 2:)
;,;~ich the Cha~er is preve.:Jted, not to exceed ::>:le (:l)
III o::-rt..'l.
1.0.3.4 Failure to ?rosecute CUre.
:Failure t.o co=ence the c:ure ~ediately., diligent.ly
prose=te the crzre, and to e~~ect. the c:ure within the
t.ae set. by St.af~ shall he grounds for City's t.er.mi..'"lat.ion
of this !Igreelllent., and St.aff JIlay inst.itut.e Ter.mination
Proceedi..'"lgS.
20.4 critical Violations
T.be following shall conStitut.e "critical Violations" of this
.Agreelllent. :
1.. The Center is closed.. or other..ise not operational
:in t.e-.T'JnS of providing visitor and transit service
to 'tile puDlic. for any =lative (not .necessarily
conse=tive) periods in excess o:f eJ.eve..'"l (:1.1.) hours
during the specnied ~,iJIl= operating .hours in any
3D-day period; or,
2.
T.he . Ch~er engages :in
significantly ~edes
visitors, tourists and
Chula Vista b'..lSiness.
a course of activity which
or dive...-t.s the flow of
the ge..-;eral public fro:m
:1.0.5 sionificant viol~tions
~.be :following shall const.itute "significant Violations" of
~is Agreelllent:
1.. The Ch~-I' s perf o=a..-; ce does not present a
positive :i.Jnage of. 't.he City or does not. provide
cOJllplete and accurate responses to info=ation
request.s :from the publiCi or,
2. The Ch~ allo;,,'S co=ercial act.ivit.ies to
significant.lY :interfere with providing complete and
accrzrat.e responses to ~~o=at.ion requests froJll the
pub2ic.
1.0.6 Termination ?roceedincrs.
"Te-~nat.ion Proceedings". as herein re~erenced. shall t.ake
the following ~o=:
1.0.6.:1. St.a~~ Jabal:!. establish a date
("Bear;ing") :be.~ore -the city Council o~
.AgrefiJDent not sooner that 7 days ~rom
Dete=i.nation.
-
~or a hearing
Te=inat.ion of
the l'otice of
\.p
7(7 - J--t/ --,/ 4JJ .- ~ ?
~I 7/~;):? /~ /-
?.e;e 2:1.
~D.6_2 Staff shall proviae at least 7 days ~otice of t-~e
Bearing to the Cha1Dber. Notice need not ~e give:l to a:1Y
other party except by the posting en a Ci ty CO:..l.:'lcil
.Agenda.
J.D.6.3 At the Be=ing. the city council shall deliberate
upon fie occ;u:rrence o~ a violation, and the rignt to =e
the violation, and on SlJch other :matters as tIle ChaJDber
and Staff sna:!.l dete.r:mine =e appropriate.
~ D. 6. 4 1:1 fie city council sna:!.l, it the ~ercise of its
reasonable judg:ment" dete.....une fiat the best interests of
tIle city =e served by tIle te=ination of tIle agree:ment,
it snall 1>y io-ritten resolution te......unate tIle agree:ment.
~0.7 Abandonment.
.If the Center .is closed, or otherw.ise not operational in te=
of providing transit and visitor service to tIle puz.:!.ic, during
all of fie specified JniniJlr.m operati.1'"lg nours for 1.10/0
conse=tive days, "this Agree:ment sball be deeJlled te..T1tlinated at
the eption of the Contract .A:JJninistrator and upon exercise
thereof, the preJnises snall be deeJlled abandoned.
20_ 8 Compensation ana lor Dan.aoes.
In the event of te:nni.'"1ation. compensation due shall br.
prorated .less any dama~es ca-useti to the city 'by the Cha:mber's
~=e:ac:h-
~~_ ~iscellaneous Provisions.
J.J..~- Assicnincr ana su~lettincr
'The services of Ch~er are' perspnal to the city. and tIle
.ch<UDber shall not assign. suz.contract, transfer, sublet or
e.."":lt:::1llliber the PreJl1ises or any interest intIlis .Agreelllent
(....bether by assig=ent or novation) without tIle prior io-ritten
consent of the city.
:l.J..2. )'dndnistrat5:ve Clai'Ir.s "Re=irement and Procedures.
1'::> .s-~it or =bitratic..") shall be brought arising out of tIlis
agreeJl1ent. against the City. unless a cl.aiJn has first been
presented in ;.-riting and fil.ed W'ith tIle city of Chula vista
a."":lC acted upon 1>y the Oty of c:hul.a vista in accordance W'itIl
the procedures set forth in Chapter 2.34 of the Chula Vista
M=icipal Code, the provi.sions of W'nich are incorporated by
this reference as if ful.ly set forth nerein and such pol.icies
and procedures used by the city in the apleJllenution of S!l.llle
Upon reI;Plest 1>y the city, the c:ha1llDer shall. lIleet and confer i.
good faith W'ith tIle city :for the purpose of resolving any
dispute over the te=S c:f tIlis agreelllent. b
;2g~y y~gg--c2l
?a;e 22
~2_3_ Atto~ev's Fees.
Sb~uld a dispute result in litigation, it is agreed that the
prevailing party shall he entitled to recover al~ reasonahle
costs incurred in the defense of t.ne c1aiJD, incluCi.ng costs
~'"'ld . attorney's :fees, provided t.nat said party has- exercised
best ef:forts, :U:1 good :faith, to negotiate a settle:ment of t.ne
dispute prior to 1Uldduring fie litigation.
~2.4. "Entire At:lTeeJllent.
-
This Agree:ment, together with l!JlY other 'Ioo-ritten dOCUlDent
referred to or conteJll?lated herein, eJIlhody t.ne entir=
A;reement and =derstanding hetween the pl!Ities relat:i.n; to
'the S1.2bject :matter hereof. Neither this Agree:ment nor any
pr.::rvision hereo:f :may. l:>e Z!]Dended" :mod.i:fied, waived or
discharged except hyan instr=ent in 1o"ri1:i.ng exe=ted by the
party against which enforce:mento:f =t:h aJDentbDent, vaiver or
~ist:harge is: sought.
~1_5. CaDacitv of ?arties-
=::ach signatory and party hereto hereby warrants and represents
to the otiler party 'that .it bas legaJ. autilority ~"1d .capacity
a.."1:! direction :fro:m its pri..'"'lcipal 1:0 enter in1:o 'this Agree:ment i
tilat aJ.l resoJ.utions or otiler aI:t3.ons bave been take.."1 s~ as to
. -e:.able it to ent.er into this: Agree.:ment.
ll_~. Gove:rniTlc 'La",rVenue-
Tl-l'S Agreement shall l:>e governed :by and construed i.."1
accordance ..'itil the la.....s of "tile state J:):f Ca1i:fo:rnia. 1lr<y
attion arising =der or relating 1:0 "this Agree:ment sbal1 :be
b~ught only in fie federal or sta1:ecourts located in Sa..'"'l
Diego Co=ty, state of ~lifo:rni.a, l!Jld if applicabJ.e, the City
o:f ChuJ.a Vista, or as close theret.o as possibJ.e. Venue for
~ Agree:ment, and perfo=ance nere=der, shall be the city
o:f Chula vista_
11. "'] . J:noeDeTlOent Contra ctor.
City is interested only in tile results obtained and tile
C'"),...,,'her shall perfo:r:m as an independent contractor 'Witil sole
control of tbe:ma.'"'l...,er and :means of perfo=ing tbe services
required =der this Agree.:ment. city :maintains the right 1:0
reject or accept the Ch~'s per:formance according to the
te=s of this agreelnent. '!'he Ch~ and l!JlY of the Ch!5lllber's
~3ent.s, eJll?loyees or representatives are, :for al.l. ?='Poses
"DDder "this A1;ree:ment, an indepe..'"'ldent contractor and shall. not
hoe deelned t.o 'he an eJllployee o~ city, and Done o:r t.be:m shall :be
ent.it.ledtD e.ny benefits to 'Which city e:mpl.oyees are ent.itled
i..'"'lcl udin; .hut not liJlli te.::3. to, overtiJDe, retireJllent he::->e:f its,
~ ~~%-02S-
?~;e 23
....::>:rkers ::::>:mpe~s~tio:::l ~...,efits, inj~ry le~.....e ::>::: o~e:r le.ave
::>enef its.
11.B. Financial Interests.
~~.s.~. The Ch~er varrants tbat neitber they_nor their
e:mployeeS .or agents presently have a.'JY .interest; directly
.or indirect1y, whatsoever in the pr.operty whieb. is the
subject :matter .of the contract, .or in. any preperty within
ten PO) radial :miles :fre:m the exteri.or h::>unda:ries .of the
property whieb. .is the subject .of the c=tract. except as
listed .on a.n attach:ment hereto.
~J.. B. 2. The Chl!JlCer ~er warrants and represents that
no pro:mise .of :fut-ure elllplo:yJlle....'Jt, reJlluneration,
consideration, gratuity .or ether re.ard .er gain has been
:made to the Cha:mDe.r .or their associates. The Chamber
pro1!lises to advise the city o:f any =c:h pro:mise that :may
be JIlade d-uring the ter:m of this=ntract and for
subsequent extensions.
J.J.. B. 3. T.be ChZJllber :may not CO::1::uct or solicit any
l:>usiness fer a.ny party t.o this c.ontract .or for any third
party ...bieb. JIlay be in conflict .io the Chaver' EO
resp.onsibi1ities u....,de:r this centract.
~J.. B _ -4 . The Chaver :further agrees 'to ....aive a....,d ferego
the f01lo..ing: relocation :benefits, .o..-ner pa:rticipatio::l
rights and clai1r.s fer gooo...i1l.
:12. corres'Oondence and ~Dtici71q
correspondence relating to t.."J.is a;ree:ment sh::>ulii 'Use t..'le ad:5.resses
gi ve..'1br'>-3. .ow:
George :Kre:mpl
Deputy city Y..a.nager
city of Chula Vista
276 :F.ourth Ave..'Jue
Ch'Ula Vista. CA 9J.9J.O
RoderiI::k J" _ Davis
:=:xe=ti ve Director
Chula vista Chamber
.of co=erce
233 :Fourth Avenue
Chu1a vista. CA 9J.9J.O
~
~ r~~~J
?a;e 24
5IGl\ATU:..E PAGE TD
CDNT:Ll,CT TO PRD1..-ID::: VISITOR ~J<"z) 'I?~.1'SIT
INrOP~T:I ON s:::RVl C:::S .AT :r=.-:::
C:-fu"LA '\J"'!STA VISITOR Th7D:RY..ATION CD<"TER
~N WIT~5 W.:-..;..rGD:F, c~ty ~n::! Ch~er nave exee:uted t...'l.is
Agreement this 2~~ day of 1>e.&A"'~ :1994.
:I.'=>=- CITY Dr C:'"1LJ.!....l1 VISTA
GIJ'T..A VISTA CF-k.'!3ER OF CD~. r:C:::
J/J~;/~-ALa/~
:?res::1.l3ent
~~-~,I ~ ~
E).f,'c::utiwe D!rec::tor
~ .r+-
~,...~J
A?-:~J: V
fciCY ,r-..=ney'
y
~ 7~ Jfg-.:27
Fi::-st J..JIle:1=:.e:lt to
c~~~act ~~ ?r~vide Visiter ~,d Tr~'sit I~fo~atic~ Servioes
at the
Cbula vista Visi~or Info=ati~n Center
and ChaJllbeI of co=erce Main Office
as approved by the city C01:.."lcil DeceJllber 20, ~9;4
This beDdlnent, entered into this 30th day of DeceJllber J.994,
for p1JIPoses of reference only and effective as of the date last
exet:'.J.ted by the parties, is between the city of Ch1lla vista, a
ch~ered lIlUDicipal corporation ("city"); and the Ch1lla vista
Ch~"'~er of co=erce ("Ch~ern), ~,d is :made vith reference to the
fDl1~win~ faC'"'...s:
:1. Wherees, 'the city agreed on Decelliber 20. ~:;4 to enter into a
c01:~act l1!!lve 'the Ch~ provide visitor and transit imor:mation
SE-.~ices !!It the Ch1lla Vista visitor Ir.:fo=ati= Center and ChaJDher
D:f co=e:rce Y..ain D:ffice; =d
2_ ...'he:reas., fie city co=cil xeco=e."lded certain aJDe."ldJ!ients to
the proposed contract xegarding the 110=s of operation on the
'Visitor L"'lfor:m.!l.tion Center; ~,d
3. -Whereas, the l'-ayor o:f the city o:f ChuJ.a Vista vas thereby
~::.:t:lorized a..,:i directed to execute said a3='eeJllent for and on be.'lali
of tile city ...-ith S1Jcb ""''!1or ~o:3.if.ications as are approved by the
city ~anager and city .Atto=ey;
J'o;; therefore, the parties JIllltually agree that tIle prov~s:l.ons of
the agreeJIlent dated Decelllber 2!l. :1934 for P1JIPo~es of reference
only and effective as of tIle date last executed by tIle ?arties., is
. 'hereby =ended in the follo'win9 regards Dnly.. and as so aJDe.,:3.ed
snall be:reinUter l:>e xefmed to as the '"'First .beDded .AgreeJllent":
Section 2_J."GrOSS Sales" Defined.-
Tbe tenn "Gross Sales" as used in this agreeJIlent sball include
the entire Gross Sales of every kind an:3. nature frolll all sales
and services :made :in tbe ?re3rl.ses whether for credit = casb.
v:be.ther by tbe ChZllllber or by Dthers" v:ith the exception of
those products or se..-vices Dn vMen standard CD"''m'i ssions are
ea=ed. Sllch cc=.ission-l:>ased ?rDduct.1O =d lOervices inc:J.'lJ.:3.e
Mex.i.can in==ce" lott~ tiCkets.. trolley =:1 transit p~sses
and pay telepboneJ;- ~...her ?rod'lJ.ct.1O and services :may be
:incl'lJ.ded in the co=isosion category vith fie approval c:f the
c::i.ty's contract a~inistrator- For c=ission-l:>ased products
and services, only the e:mo=t of the c=ission vill. be
incl'lJ.ded in "Gros. Sales. '" ~~. bo.ever. t"he c:cmm~ 5S," o1"l-b~sea
~:rod'lJ.ct ~st be 'Ourch~sed bv the Cha'lllbe.r 'Prior to :its resaJ.-
~o tb~'lJ.b1:i~. a;d the ...1-;0'J.esa1e cost '"s t"here~ore C:01"ls:icere.
~1"l "~~"'1~~a;oe fe;~::i~~ Ex?e1"lse." as here~1"l~fter Clefi1"lec.
he" he u 1 va 'Oe -ne sale snal1 be. conslcered as 'Part of
~ /~~~~~_F
visi~o= Ce~~e=: ~~:ber - :~rs~ J~e~~e~~
?~:;e :2
"Gross SaJes. " "Gross Sales" snall not i.."':lclude t!.TIY re=.ates_ Cl:
rdu-"':l:5.s to =stOlllers Dr sales uxes acco=ted for and paid to
l!l gDVe.DJllleDul agency.
section .0.2.:1. Bours o:f D::>eration.
TheChmcher :sball. operate tl1e Center at least .nine (9) :bo-::rs
per cay on 'Weekdays and. eight (B) :bo=s ~er day on ..eekemis
and 110ll.days. nm-i.nO' tne '1llontns o:f :rune. ;:T'lJIv. 1.'lJO'tlst and
s~e~~r ~ ~ne ~ambe.r snaIl operate tne Center on 'WeeKenos
:foa e s t;.7 ve (:121 nO'tlrs 'Per dav fl'lereinafter"SUnDller
..-;eel:end 'Bours"1. :rnitiaJ. 'Oper3t:ing .bOln'S s:baJ.l :be 9 8.]Il.. to
5 p.JII. 'On 'Weekd.ays and 9 a.JII. t'O 5p.JII. on 'Weekends and SUnDller
"-;ee'kend 'B'Ours o:f B a.lIl. to 8 0.']1\.. ~ject to alIlenmneDt by
seplU"ateli'ritteD a~ee:lent ~:f 1:lle r'r....",'her and Contract
~:';Tl~~ator_ :N'O 1ater t::h1!n Seote1llber 1.5. 1.995. t'he Chamber
~d 'c:1:v~aJ.J. oresent l! re'Oort tc tne .ci.1:v CO't'lnt:i1 reO'a.rdinO'
e smmne . -asaoe c:f the 'Cent-er and aTlV reccnDllenoCl~:i'Ons :for
cnanoes in tbe nO't'lrs o:f =eraticn.The Center :may :be cJ.osed
= ~sgivin3'. Cbrist:mas and. :Ne- Years Day.
Se~-ion .0.2.4 sionaoe.
The rh....",ner =ybe required to post a ".Free Visitor
L-.:fo=ation" sign at eac:::bo:f the three entrances to tie Center
or at the co=ter. si~e and Design 'O:f 1:lle sign (5) .i:n :meet'
wi"th "the approvaJ. o:f -thec:ity. The costs o:f $1J.t)'olvin::J and
instaJ.J.i.nO' anv sucn sionrs1 snaJ.l :be borne :bv tne Citv.
The Ch~ is pro1libitd ~r= -erectiJ:Jg'Or =eati.ng any signs
on "the preJnise5 v:b.ic:::b are visible :fro:m tl1e O'lJtside or in ~y
lU"el!l vithin the j=isd.iction o:f tie city vi"tIlo'lJt :prier ...-ritten
~?:Fr'OvaJ. 'O:f 'tJ)e city_ Interio:r sign!!oge 'Or adverti.sing is
1>"'-:bj ert to the city r 5 arpI"o..-.aJ....
Se~.ion .o_2_~ ~estroom 1.ccess_
D=~g1:lle center"s ll'OlJIso:f 'Operation" the restrcelllS sb!!o1.1 pe
=:locked zmda.vaiJ.ule ~= pU:b1.ic 'Use. The cityrese:rves the
r.igbtto 81.10"01 bus ~.ivers to ..have a.ccess to the restr'ODlllS
d=~g ll'OlJIS tlmt "tIle Center is closed., wi1:ll ..aid ~ccess Pein;
~'lJgh the ert~.i'O:r doors opening 5.nto the Center's
re.st:r'OOJllS- No acceJ;S ..dll ;.e ~e=itted :in to the 'Other
:interj,or areas .....:ben fie cent~ is closed. 'The Cha:mbe:r ..Ul
lock the .interi'O:r d'Oers to tl1e res:troo:ms .....:ben the Center is
1:losed to :belp prevent a=ess. 01"1 'Or ~~ter =rulv 1. '1995. tl'le
~~~r ~~ ;~tv sn~11 ~eet ~o evaJuete tl'le use ~nd cleaninQ
__ tee 1;__01115 and a1"lV '::l.:Ill:>acts i1llDuted tQ 'after-hours
access. ~ .
~ ;f6'~ j2J-~7
Visitor c~te~: ~a~e= - :i~s~
J...=,e.:J= e::--=.
?~=e 3
se~io~ 4.4 SecuTitv~ 30nci~~.
;; ::;:;. ~ .,. Ii _:~ ~- ~ ~~~ , :=::; ~~_.._:--~ ::
__e ...-- e=- Ii i!.__ c-l!----...- --... - - -- -- -
~'':= ~~: S: ~:~lli:~9 ~; :..:~:~~~~_:~_!~-;:=~~:=;=;. ~~:~~;::
~i ~l~-~ -~-~ ~~=' ~~~.;';,.'; ;.;,- ~-'Io-"";--:-- ~,
~::= ~~~~ i~.~:~:;;S' _c J~~~ ~=,...~al~-;~- --~;
;Z: ~~~~ ;~:~~,;; ,;J. i.e:!!'i; ~- :;;:.;;:
~~~';f": ~~~ -~;,--€~:~~,~~::;~~~~~ ':-~
: :;~,~;ji2..~:~! -~- _e:~~:=:~:':. ~_:;:~ ~~;~~~._-_.-
_6 _ _ _C ~ s ;~_e~ ~_c. !..s !!t~e~ _e,.---e-.
1:~~~1] ~ "rovidi~a 1!1 sectlritv ae'tlos5.t 0; bO;O' ~ ~alllbe'"
~e~~ee:" thl!lt ;~~nsl!lti'tln ,!or Joleij1~i~~C~ s.e:~c~s 1Il:;
~ VJ.~e;d ~n 'tll!lient ~ or. 1!Ind n 'PT=O~::i~ t~ a~v ~e~a;r
~ ~l!Ii~teT1~T1ce vOT~re~i:~f1_ as 1!1 e=~t o~ c.?1!I1Ii~r's .~~i1~re
o ~1!1 "t1!l~n tne ell\'J.se 'lTl ecco f11!1nce v'J.tn Sect:!. on 9.1
nereo~.
ChalllbeT o~ CommCTce l!l~lI\or~bi1i1!l. services anc
-membe.Tshi 'PS.
5e~ion 5.2.1-18
5e~.io~ 5.2.2.2 3aseCompensation
.xor any q'.Jarter :in vllic:b tile AppllciUlJ.e Oper1!Iting ;:xpe..,-ses at
tne Center exceed 'tile GrOSS Sales at --t.ne CenteT. 'tile city
slla.l.l pey to 'tile CheJ!lber llal~ o~ tile d3.~~erence., u? to a
Jll1!IxiJn= 1!IJIlo='t o~" $25,000 per fiscal J'e~.
5e~~0~ 5.2.2.3 CPT Ad~ustme~ts
.At tl:Ie option o~ tile city, 'tile: 1UlDUal S'.:ml lis'ted in Section
.(.::.2.1. 5.2.2.1 a.nd/or ~ Secti'tln .(.2.::.2 5.2.2.2 '1ri.ay be
adjusted at 'tile begi.nn~3 of eacl1 :fiscaJ. J'e~.. s~i.'"lg ....it..~
tile n 2995-96, :in proportion to "tile percentage :in=ease of
tile All. 1JrblUl Cons=er ?rice :Index :for tile SlUl Diego :Region
(C?:I) for 'tile ']!lost recent twelve (:1.2) '1ri.on'tils, up to a 1"""';""'=
of 5~ per J'eu-.
Se~.i~~ 5.2_3 1:nit3al SUbs~ev ~OT TnventoTV
?rior to ~E!:_e:~ :::11. janu~rv 15, :1.995, tile city s.hal.l. pTcvide e
one-tbe pa:YJllent of $1.D.. 000 to the Cb....."'er to pTo=e a."l
:initial inventory of Cbu1.a Vista-related ']!lellloTabil.ia for
resale a.t tile center. Purc:bases '1ri.ade vi"til said one-ti.Jne
pa)":Illent sllaJ.l. not be c::>nsidered APP1.ica1:>le Dperat~g D..-penses.
?
~ y~$~3tJ
Visito~ ce=~er: ~~~~er - Fi~st ~~e~~e~t
Page 4
Se~:':l:J s. ~
In:it5.al 'J'e:nn.
_ ..J.. ~ I +
.1.: ,$ _J",e ~~7tt\ ~
D'-filu..~~du.s- ~
The te= c:f 'this ccn'trar::t shllJ. De :for
-- - "\
one and one hal'! (':1.51 ye=s. ce>=encing:J uary:1, ~995 ~d
ending .:rIme 30, :.;')37 :1.995, ~jet:t to e extension and
tenninati.on provisions o:f 'tllis agreeJllent. t!t,t~ fD..rt7t' .....vs7 tM.s~,j-
'""H A"'~
sect5. on '] O. 9 Add5.t5. onal Jileo-cti aticn U
The ci tv and Ch~1Ilbe:!" ne:!"ebv a:rree to neo-otiate in accd fait11
~eC'aIdin~ an; 'tlcte;'t5.al a'lllendments to this acreement fo:!"
~:rm:'n:t:'On ;,c:!" convenience o:!" sto'tl-lcss ter:minat5.on. Anv
r::11 'lllendme ts shal'! be S1JD"iect to' e.=:!"ove.l bv tbe citv
y,anaoi':~ c~tv Atto:r:nev. and. i'f deemed necessa:!"V bv t11e
~~tv ;;.tt__ ..eV, ;be citv Coundl. wh5.r::h s,11all ~l'I:"':!"ove o:!"
sa'P1:> cve anv Dcn 'C:!"O"Posed a'lllendment ~n its sole and
"lln'fetteT"ed -disc:rrti 071.
sectio~ ~n.~o Se:rv1ces UDon Ter:minat5.oTl
Should tl'le 'CaTtles decide not to exercise any specified
01:>t5.O'1':S to' extend o:!" otner..ise brina abo1..-t tbe tenninaticT'l of
this contract. and 5.1: S1Jcb intent to' tenninClte i.s 'lllutuallv
~i'7ldted to tl'le seT'Vices ':lrovided at the Cente:!". :1:>ot11 "Oarties
.,er~bv aar;e to' reneaot:iate a se1:>l!.:!"ate cont:!"act fo:!" 'C:!"ovision
of~a~n 01:. :ice SeT'Vices: 'Witl'l cOlllPE1'lsation to the Challlber at an
an.;;a.J. lev:i ~~~30'i~B. suct! cO'nt:!"act ~hal1 be.su?'iect to
Cl_ . Counr::J..:.. _0Vll._ to beCTanted Dr 'Wlthheld ~n ::l.ts sole
end unfettered disC:!"etion.
{E::'d o:f ?2l-ge. ~ert?age is si~at=e page)
,
~
\..0
( /!3-J/
Visitor c~ter: ~~a~er -
-=-.;:'T"-.....
...-...::....
].~e:J::;ne~':.
?a;;e 5
SIGKA~'u~ ?AGE ~O
ZIR5T JlHEND..lEN1' 1'0
CONTRACT ~O?ROVIDE VISITO:R ARD T?A:NSIT
INZ'o?--acrION s:::RVICES AT :L'''"' ",
t:Bu.LA VISTA VISITOR :rnrO?-~~ION CENTER
J;RD CHA..'>$ER OF CO~CE :MAIN OFF.:!: CE
.AS ,).??ROVED ;!Y :L'~ CITY COUNC:u. DECD$:=:A 20, ~9S'
IN WITh""ESS Wn.Lr'.EOF, city and Ch~ have exe=ted this
.A;-ree1De:J~ this day o:f ~994.
'2= CJ:T:. DF GDL.1l. VISTA
C31JT.....1l. VISTA CIDo~ER D:F CD~CE
OfliJ.J:L
Ci~'= ~
Ii, ~)1
?res~ e:n~
~i~
/f /7"../, , I
?ecut:'iv Direc:t.cr
/7 Sf
~t;
tity A~~orney
by
\
.
fr
2.B-:V ~~>>iJ32
AN
"NE~ENT IN
THE FlJTU?E
3DA'ID OF DJRE!:TDRS
'Pr~.I~en1
::>",~,-,~j::-tl
?Te;l~en: E&e::1
..Jr,:". ~.Jeav~
Va ?ru::l~":
G=e;=j.).
C>t:!S~;. ,s
~A-..,~
Daw'E v.~-:;
:~.bE~
. a;:;.G 3-.-=aes
n~E_.,e
..J~ Cia}"::>"
S~eo...e C=,"'~
=t~=: !;c-=:.a
S...:~:s-~.e~-...'
Cr:-. ~;- ~.
.;.._+.'.-;.
-c-- .::...:.;-=.~.~
~==:.. !....:. -=.-E~
.;:c='f.:. ~e"":~~. j.a
~__' :1:--
. .~ - -.-.....
== 1._.-.25
.5:z:::..' ..s.~~
hc: ?~I:leT1l
-; ::>a1 c.'"3"=~
!:%r:utive Di;e=:JT
R:>d ::>evs
'JlIiI,iIl;;
~,..al
CHDLA V1STA CHAMBER OF COMMERCE
~-
-~
"CCR!.:>:
..-....-..
._._....... u
... '.'--'
Jam:ary 5,1995
G"".1;e ](T=pl
City nfChula Vjsta
276 Founb Avenue
Chu1a Vista, CA 9J9J 0
Re: Clarificalion of sB2 in \'isilOr 1nfoTrnalion C::nl:::r S::T\'ice Agre=ment
D::ar George:
PJ= alJo\>.'1his ]:;:teno clarify a .ron= eXJlTf:55eO D)' your City Aito;:ney.
Jl151hellndo-standing of bOlb -Pa;1J::5 lr.al in ord:::r for :any extension option
10 b=::ome valid, bolh panies- thl:: Cil)' ancl1be Cr.amb::r - must indica.te
. 'their consent 'to any SUdl ex1::nsion and lr.al no indi\>1oual pany:has lhe
:IlTiilalcra1 :rigbl10 force an extension on Ihe oiher panS-
Sincerely,
Chula Vjs-.a ChaTTib:::r of Commerce
-
JW:i%
~
h - J;>
/I-V~
Se=o~~ ~~~~e~t to
c~~~act to Provide visit=r an~ !r~~sit In!o~ati=n Services
at 'tbe
C."ula vista Visitor :L,""fo~!l.tion Center
and 'tbe ChPlber of co-....:nerce Ma.L, Dffice
This Alnen3ent, entere~ into t:his 6'til ~ay of :rune :L.995, for
'pUX?oses of reference only and effective ~s of the ~ate :L.ast.
e.xet;".Jted by 'tile parties, is !:>e'tween 'tile city of Chula vista, a
chartered znmicipal co:t'l'oration '''Ci'ty''); ~d 'the Chula Vista
Ch~ of Commerce ("Ch~"), a."d is ::.a:5e'Wi'til reference to the
::fo:L.l~.;ing fac;t.s:
Where!ts, the ci'ty and C'J"l....,...,er were party to a c::mtract :for
gene..~l infonna.tion services ("'neviolls Info~tion Contract")
of:fered ~om 'tbe ChPlber of Commerce Main Office, 'IOi'th compensation
provided for staf:f costs; ~d
. Whereas, 'tbe city -and c.1j,~er S1lbs~e.nUy, in I>ec~ 1.394,
e...,""tered into a contract on I>ec~er 2D~ J.934 I"C~i...'ed Contract"
"
Doc=en't ICo-94-276) :for op~tion of 'tbe visitor ~fo=tion
ce....ter at 'the ?ayfront.JX Street :rIel.ley Station; ~~
.....'hereas. due to 'the snilarities i.n 'tbe services to :be
pro,,-i:3ed.. t..."l.is cc:r.nbined centrad te=inated. 'tbe ?revious
IMO=ti= contract ~...d provi~ed .ll1ste3d for visit= and transit
servi1:es -at 'tile Ch~ Y-iain Offi1:e and 'tile visitor ~o~ation
Center. =ntinuing ~e Previous Info~ati= t::=tract's c:ol%\?ensation
:for ..~f:f =sts ~d '\ti'til ~ additional SD.:>si-dy provide.:!. for Visitor
Center staff costs; ~d
;.;'here!ts.. 'til~e 5ervices--a1:though historically offere~ :from
sepa~te J.ocations-are very siJdl.ar i.n nature a..,""~ c=ten't" 5Ut:h
tbat tl:1e ComJji.ned contract c:al.J.e~ :f= 'tileir c:onso1.idati-cn ..here
?oss~le an:! pr.actical; zmd
;.."hereas.. the Ch~er has :bee.., purS".li.n; S".lc:h c::::>nso1.idati-cr.s,
via 51.1:11 e.fforts as .a ne.. visitor h:::Ui.ne {'CV-Th7D)' a.....~ a voice
:Jnail syst.eln). a.11d
'i."here.a5, ZlS pa:. 1.. o~ 'tile aaf't ~.J.15qet ~or 'tile Chul.a. Vista
convention and Visitors Burea1J, tile city an~ Chzm:ber a;;r.e~ to
~or.mal.Jze the consolidation of .ervices by r.~ucinq the ~ined
cont::ni't:t compensation by $~B. ~oo, thus :.Uing :f1m~ avail.e.ble to
~=d :ne-. Darket:in; stat~ as ~~qet.~ :in a. separate contract :for
convention an~ visit=s Burea1J ?rl:Clloti= service.s at $20,000.
:ND~, :.:..~OjU:, co:inclde:.t ~d.th the a~~tion of the Contract
to Prcv.ide Cl:lula vista cenve....tion ~~ Visito:rs Burea12 Promoti-cn
services, 'the partie.s ::m'tual.ly Zl;-ree that the p:rovisions of 'tb,
Co~ine~ contract, as First A:mended on I>ec~ 3D, :L.994 for
?'l4-poses of :reference cnly ~,d affe:tive as of 'tbe d!lte l.ast
e.xe=te~ by the parties, is be=vy E:II>e..~ ad in ti;e fol.lo..in; r8gar~s
:Jff- 31 ct/7f-/f~
vi~itor C~~er - Se=on~ ~en~e~ A;~eemen~
Page 2
only, end zu; se ~ended. r;ball l1ereina:ft.er ::.e referre~ t.e e,. the
· Sec:o:ld :AJnend.ed Agreelnent.":
city a..'"1:! c:b~ de hereby e-gree 'to Ulend the c~i..'"1ed Contract. e,.
.follo....s:
sect.io:3
S.2_2.~ B~se Co~e~s~~~on
~fect:i'Ve n 9~-95 and. th~Te1!!.~teT. .!'or ZUl)' qu1!!..rterin
..chich tile AppJ.icu.le :Operat.ing 1:xp~es exceed. the Gro..
Sales"tie t:i1:)' shall pay to tie t:h~ Aa:.r ~~ ti:.::
f.~~E= ~.=-e one 'hundred "'Oercent 11ont, of -e.'T'r\1 enr1'oel
oDeT1!!.tin::J 10ss. 'Up 't.c.a ~xb=~unt. of $J.S,OOO per
.fi.scal ye~_
~ffeet::!.ve n 95-95 end t'here'!lfter; if "'Gress S1!!.les"
;~~;~d ~::~1;;ble ~er1!!.t~n::JExPe~ses curjn::J 1!!.nv fisc!!.l
v a "t\.T - ve ~eTcen't (25'1 -o'f s:a3~ -net ~Tofi'ts sn!!11
b!! rend."tt-ed 't:o '1:n~ C5--tv.
rOr't:l'OrDOSeS of cO'll1DtrtinO' net l-osses. anv "ll1onies Tece:l'Ve~
~~;111 ~b~ ~~~:~::!.~~ c::~ntv C=lII'lJ~itv En'h1!!.neellleT1t ~oO'!"1!!.'ll1
th '!l :J. 0' T1'J.'f:J.ed 1>ert D'istr::!.ct for t'he VJs.:ltor
cent~; -would 'be counted !!.s vis5.tor Center revenues.
~OTOlll ",~~~o::~ 0: CO'll1Du1:::!.nC' ~et =f::!.ts. "ll1oTdes received
r~ " _ D:J.eO'o ~T1tvCo'lTl!ll'lJ'l'litv En'h'!l'l'lee1llent Pro::rre'Tl\
~: t~; 5~~1 !'i~oo UnU5.ec 1>ort !l~str'ict for the Visitor
.C TIt v d T'lo't be .eoUT'l'ted ~s v~ !;~t'OT -C~Tl1:.eT' 'T~ve"nues.
.,
Se~JO::1
5.2.2.2. ~~~n of~3c~ Services C~e~!;~~inn
~
Se~Jo:3
Fer ccnt.~~ing pr~-sion c~ XI!~ of~i~e services, the
city agree. 'to pay 'the t:h~ t:lle "s= of $30.1oC8 per
~:isc:a.:l year. Frere-tel! liUa:r1:.e:r:ly.. t'hrouC'h 't'he end of
J"'~sce'] Y@!!T "1~9~-95 ~nd S;~.2. 048 "O~T "'f~sc!!l ve:!5.T'. "OTOT!J'teo
~?!rterlv .!'::r the re'll1!!inder of tl'le t.eDIl of 'this
a greelnent..
5.2.2.3 ~~"ll1e of ~~-m~nt
Quarterly pepents ......::.:..:. lae. .alle. ._-:.~iy.. l.~n ~:.:) 'L-e.=1t
4~Y3 ~ev$be edv~nce~ 8t ~~e bea~nni~ o~ B ~!!Tter en~
s'hall .be s;ub~er=t to ad'iushlleT1ts after reeaipt of
qu~terJ.y reports 'to be s:ublni1:te~ ~ the Chlmber es
s:pec:ifie~ in Sect.io~ ..:.:j '.6 and ~:ion '.7.
~ /1-.0--33
Vi~i~~r Ce~~er - Se~~~~ J~e~~ej h~ee~e~~
P~;e :3
SI GAAnnu: PA!;;E :I'D
S:::COND ~'"DM!:N'l' :I'D
CDlITRAC'l' :I'D PROVIDE VISP'DR Am> ZP..ANS:rT
D'FD?Y..AT10N S::::RVICES AT ZliE .
CBtl!A VISTA VISD'DR :rNFD:RY..ATIDN CI:N:I':::R
Am> c:sAlS:::R OF COHM:::Re:::: .MAIN On-:re::::
.AS ~DVD> :BY Z-iE c::rTY COUNCIL IlI:~::::R 20, :1.9;"
AND nRST .A.~ED Il:::~::::R 30, :1.994
D' . ..."ITN!:SS ~.:.:U:OF, city ~~ c:h~ have exe=~e~ tilis
.A;=-ee.Jl>e:lt tlds ..57"-< ~y of ...)E,P;-;rr;(J.a" .:1.995.
-
:L'.::.;. CITY OF CEUT-A VISTA
Ch"UU v:rS'IAC:--u...v..3:::R OF CD~C:::
-At//- /./1/.JtIrrr Z;;U
~a'y~r
-
, :-----..
~~.1-~
rresit/t
I
!..x.j/ ~ (,J.... ,I...P-----<.
r;?;;g;,~ JJ~
bic:ut.ive D:irector
City At.tD:rney
~
~
~ 7tf/J~
~;: !..C 71W;~ t~:
~?
~~
7~~=~ Am=~~~=~~ ~~
--- ----
--.--- ---
-::>
- -
:'=~-';:':::=
-J:i!::.:.:::~
=.::l=
'?::-=..::si:.
- - .
.:..::'= :::=o.=~:'~:1
- .
~=::-J:' ==5
E:!:. ~==e
C=~2a vista Visiter l=iorrrlatiD~ C~te=
a~5 ~~e Chawbe~ of Commerce Main Office
7~i5 Ame~=me=t, ~te=eo ~to ~~~s 2st. day CI J~ly l??5 io~
?::=?~S=S r""\~ ze=erence D::lly a::ld e:ffecti-l1e 2.S of tbe 5.=.~e las't.
=j:==~-:.e:3. by t2= ?:=.rties, is ~e'twe=.n 't1:le Cit:y 0:: c..,ula ~vi5t3, 2.
=:::=:.===::3 -w:=::ic:.;:.aJ. cD=-:;:>o==.-:.iD::l (IlCityll); a:J.:3. =.~e Cb:~la ->lis:.:
I_:::.~== __ C::J'WiTie==e (11 C::::'nO== II), ~:5. i.=; iTl3.oe \I:i!.~ =ef e=~=e :.:> 't.~e'
=~2:~~i=~ =2=~S;
-w~e==as, t..~e Ci~y E:l~ Cbanb== we~e ?=~ to a co::rr.=a.ct z::.=
;:.:;===.1 ::.::ld -vi.si-:::;r i::.fo::1i&E.tiDTI 3-e..;.. v~C:=5 Cll~~ sz..i=lg l.:lfo.:.-wa~iD:l
C:;':1==act.", O:l iile ~"i't.1:l ~e Ci-z.y Clerk ~~ :::>:>C:.lm:.nt :;;COE5-2.g2)
c::===ed ::=:;m t.~= Cb:amb:= ~i Comme=ce .Ma~ Di'fice ~J.d :for co=.z-a:t.io::1
:;f -:.~e -Ji.s':'-:D= ~~:f~=rri2."tio::l Ce~::'-=~ __ ~~e 32)":=-::>:-l't./"E. 5t::-ee=- J'=clJ.-ey
.5=.=.-:.:":;:::; ::'::::::1
------ --
.........-.;..._:::._-
~-..
-~
~~..= :?::.~~-es :::e5~=e -=::- -e:>:-='e::lO t:.be i:::i-:.ial ~e=m 0:: ':.nE:t.
c:::e a.:5:5.i-:.i:;::al ye=.=, ~:> be c::>-~=::!t'"'~1.:.5 '"--i-:.b. E::!
==~~=~== io= ~=e c=~l= v~E~a CO=7~==iD~ a~~ visi~D=S
V\':::=.==.:.s,
:. ::= ..J...-=/=...;.~~;=-=;-
~..-.::.=--
--- --- ,
1\OD-"", '7".=:=:?'=::?C?3, cDi~ci:5.=.:::t: '"--in "'t.-~e ao.D?z..io::1 of t::be Co::t:=ac=
:':=> ?=::r.vi!5.e ~"1ul2. -vis~a c~::-~~e=-:.io::1 a:J.:i -\,i~si'tor5 3~=a:J. ?=DiTlD't.iD!l
5==-dc-es., "Z.~= =:,=~ies m:'J:t::ally 2;=:::: z.:l=:~ -:.he =x.i5't.':';~3 2~=c::'7lla'tion
C::::=.==c::, as J.E.St. ame=5e:: :::1 Se?'t.enl:>e::= 3,., J..E?5 io~ ;"'-=-70se5 of
====.=e=lce 01""Y ~5 e:f=ec"ti-~~e ='5 ci 'tn.: c-:.'t.e lE..s't :.:>:ec1.:::.ed by ue
?=.=-r~=s, is ~==~y amen.oe5 .:..:1 ~~e =DllD.....,.i.=J3 =e:-a=r:.s D~ly., =.:l:3 2.S so
::.me~:5:ed s'::=.ll b-eze.i::.a::-:.e= ~ =e:::e::-=e:3. 'tD as -:'~e '115ec::o~:5. ~...me.::25.e3
_~;==erne=~ II:.:
C:. -:y :a~:::
c:::::.::-.= ==
C~~mb;r O~ ~e~e=y
=.s io:llo\o.'s:
a;:=:e
:'0 arne::l5.
-~.=
~--
2>-~ S-.:~:n3
:I::li o=rt,:. '!:. i on
5===~:)::l; B.2
=~i~ial 'T:=m
?~e te=m Df ~~is CO~~~2=~ s~;" ~e ic~ =~~ ~~~ ~d o~e ~ali
-, (2.:;) )7:=-=5 I C~illin~=:""-:l:; C"~1:.a_y :1, lEES =.no. -e...-:J.d.i::1g ..J;ne
3D, ____ J.957, s~jec-': -':D C.~e e:>:-.:e:nsi::>:n a.nd -':e=~:na-.:io::l
?==vi..siD::S oi -:.his =s=eew~~- J:-:. is ~ne i.:::-r.e.:::rt of t:."be ?==t.ies
____ b~~b ?arties m~5~ ==~se::~ ~~ ~~y ~~e~sio::l_
7l_1l ::-err.=.i::i::13 .?=~visi ::)::s of ~ -,;;" ~x~ 5ti.::!3
~effi~i::1 ~::l =~ll fc~ce and ez=e=~
- - .
~:::':::O~l:.'::"O::1
CD:nt==ct
sb.all
~
...~~~Y?
-Jisi "t.or Ce:J~e= - T::i.=-:3. r_TII::::::.=:i _~~=-eeW::-:~
SIGKATURE ?AGE TO
T.:iTI'.D J:.Y..END!ENT TO
CONT?.ACT TO ?:rI.OVIDE VISITDR J..J>I'"I) T?_2._~SIT
INFDPJ{.2._TIDN .5ERVJ:CES AT l',., -~
C31JT~~ VI5T..~ -VISITD:rI. Ih7D?y-"b.TI ON CE..l,"T~
],}lD CF~.J13ER D:F CD..~CE 1Ql.IN DulCE
1--5 V.5T J.~"D:::D S:::?T:E:!9:=:K 5, J..?B5
L~ ...IT.l'<=:5S ,..?~OF, city
A;=-:2lDe..,t 'L"lis /37;( rlay Df
a.n~ Cba:m::,er
~!/~u:'..; r
n?:v-e executed
J.BB5.
?:=;=
.. his
Y..,3 CITY D? C:,-m.....~ ~V15TA
c:..,u~~ VISTA c.."iJ..J13:=:K D:F CD~CE
.atfllJ.I..Iivr1:WI.-
v~-,-.,.. Ii
--- ~...- V
.O-Q
?=-es2DeJ,~-:'
~ /; l_
P( r7~J/7 i 1\ ~
--. I .". J
:.::Y;fCDt'J.''107~ D2rec:'t.or
J._??::-:>ved as 't.:> :fDnn ;;,y
~ lll~yt'~
ci~y Attorney
.
?
;eJ-51 $ -:? y
o
=D'!.:.~b Am:~=me::l't. to
:~=L=aC~ ~Q ?=Dv~de visi~== a~~ T=~~sit :~=C=rr.at~D~ 5ery~=es
a't 't.~e
Chula Vista Visitor lnformation Center
and the Chamber of Commerce Main Office
This ~~uendment, entered ~to this 24th day of June 1997, for
p'!.:.=-;>oses of =eference only a:lO effective as of the date last
iOxecuted by the parties, c.S between the City of Chula Vista, a
:::::..rte=ed ul1.l:licipal cc.:rpc=a'tion. (II Ci tyll); a.:.J.d t::J.e Cbula Vista
C::.arrber of Comme:r-c:e (11 Chamber'.), 2..:ld is mace wi~h =eference "Co tbe
=~ll::>wi=l3 f;ictS..:
Whereas, the City and Ch3.mber are party to a contract for
ge::le.::-al ana -yisi~Dr inforrnat.ioZl ser.vices {IlExist:Lng InformatioZl
Cont:ract" , on file with the Ci'ty Clrik as Do=ment #CD95-13B}
offered from the Chamber of Commerce Main Office and for =erati=
of the 17isi'tor '..,formation Center at tbe 3ayfront/E Street- Trolley
St.ation; 2..;."-l5
wnere:as,
CD:::-=ract: :'y
ac::o~a::yi7J.3
31.:.Ieau,
t"lle parci-es 6.esi.re to exte:ld tbe ';iiitiaJ. term of that
one additional year, to be co-terminus with an
contract for the Chula Vista CO:Jventio:l 2.."-ld "'visito::-s
NDw, T:-::::P.E?DRE, coincident witb tbe adoption of the Contract
to Provide Chula Vista Conventio:J. and Visitors 3=eau Promotio:J.
Ser-.rices, the parties mutually agree that the Existing Information
Contract, as last amended O:J. July 1, 1995 for purposes of reference
only and effective as of the cate last executed by the parties, is
ben~by a.mended -in 'the followi::lg regards only and extended for a
period of 'two years" and as so amended and extended shall
.hereinafter bere~er:red to as t...~e ""?Durtb Amended Agreement ":
City and Chamber do bereby asree to 'amend the Existing Informatio:J.
Co:-rt.ract:. in the -following regards only, with all =-ema";"T'\-;ng
provisions remaining in full force ~"-ld effect:
SectioD 5_2.2.1 3ase Compensation
Bf~ective FY 94-95 and thereaI~er, for any ~~arter in which the
Applicable Dperati:1g E:x:pe.nses .exceed the Gross Sales, the City
shall pay to the Chamber one ~~dred percent (lOO%) of any annual
operat:i.ng loss, 1..::;> to a max':mum amou:l"C of -r -,::': $1..2.000 per
fiscal year_
Effective FY 95-.95 and tb.ereaf'ter, if flGross Sales" exceed
'IApplic:a;:,le O?erc:t:L:ng EA-penses11 during ==:.y fiscal year, twenty-five
percent (25%) of said net profits shall be re~~tted to the City.
:;-'or pu-~~ses of ."computing ne"C losses, a=y monies received from the
San Diego County Community ~a-~ceme:~:t ?rDgram or the Sa...."-l Diego
Unified ?ort District for t:::'e Visi:\~enter or Chula Vista
2f?::L 7J - -3/
-J.:...s:..--:::r C~=::er
~~~-~-~~ ~-~..,.Q----,~Q-~ ~----~- -
_ _ ___.l;.J. _ ...... _ .-..=_ =-=.,u-=.::_
='a~e 2
C~Lv~~tiD~ ana visitors 3u~eau would be counted as visiter Center
::-eve=:J.ues .
Fer pU=?Dses of cD!Ilput..;ng net profits, monies received frDm t~e 5a..-:L
:J:.ego C01.ffi-cy Community Enhancement ?rogram or t~e Sa:l Die3'o D::ified
?art District fer tbe visitor Center or Cnula Vista C~nve~t~D~ =~~
v~=~~~~s 3u=eau wDuld not be counted as 'Visitor Ce~ter =ev=~ues.
.se=~io:l 5~2..2~2 Main Office Services C::rmpe1:.sat:.on
For cDntinu~g prDvision of Main Office 5er-vices, ~he City agrees
-::0 ?=Y t~e Chamber the sum of $3D.,J.4B per :fiscal year, -:>rora-ced
~~a=~erly, t~~ou3h ~be end of :~scal Year 1934-55 ~~d $l2~D~B ~er
f~sC",l YQ-~ D~o~atQd ~'a""'Q.,..ly t'nrou~h thQ =ond of "~sc 1 ".
__ __ _Co......,:..._ _ _ ':i~ _J,...__ - \.0(_ -- -- - -- =- :rear
1;;;-57. =nd Si3.375 ner fiscal vec.r. u~orated uuarterlv for the
=emainoer of ~he term of this agreement_
Sec-:iD:J 3.3
Variation in ~ension Terms
~_~ -:'~e mu't;1-;:l} 3CTe=-m=-nt or ~b.e ::Jarties. aTIVOI the e.xte~sion "'te:!:"TI1S
as ~ro-vi6ed for "';:1 SectiDn 3.2 mav be exercised for 3. sb.ort=r
~e~iod of ~ime than otberwise aD~licable.
b
~ $-~O
~7i:_~~~: r",--_,-_,~~_ - ~-~~~~ m----~ ~----m -
,,_-,' ___ ..... _ _ .::......___.1..: .;., -=.;.~..:.:~ _-:1..='':'===1 -e:J.~
?age 3
S:L GN..~'l'ur..E ?AG3 TO
FODRT~ ANSNDMENT TO
CD1'..,,-Z>.CT TO ?ROVID3 -IiISITOR .A..1I,"'D TR.2>.NSIT
I1\?O?Y..ATION S:::RVI CES ItT T:-3
C"OLJT~Z>. VISTA VISITOR 7l\?OR.1IIV>-Tl0N CEI\il=.ri.
F~"'D ~~~~:::?. OF CO~RC3Y~~~ 0??IC3
~..5 !.J:....5T ;'-'E:l~T>~ J u1...Y 1, 155'5
-vr:-3?30F, Ci;:y
dEY c=
E::d.
Chambe:::-
::.:a-\'~e executed
2997.
this
iN WITh-:ESS
_2:.;-==:men~ t..:u.s
~
--~
CITY OF C..,iJT .~ VISTA
L.:=L!I.~ VISTA C?-."~"3:::?. OF COMl'B?.G
M.ay::=
--_e:.-';":;z::,-,-
=_ _;;;_:""'__l....
Executive Di=ector
_Z:..p;:::-ove5 as tD form by
Ci~y A~"t.orney
~
~ ~g--7/
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMENT
7
ITEM
&}.f) MEETING DATE: 07-13-99
Resolution } ~thoriZing the Mayor to execute an amendment to the
existing contract with the County of San Diego for receipt of financial
assistance in the amount of $6,500 to support the designation of Chula Vista
Harbor as the Southern Home Port of the tall ship Californian.
Public Information Office~^GUlbran~/
CityManagerw-,~l U 4/5 Vote: Yes_No xx
BACKGROUND:
The City's agreement with the Nautical Heritage Society to designate Chula Vista Harbor as the
Southern Home Port of the tall ship Californian requires that the City make a $27,665 grant in FY
1999-2000 to the ship's organization. In consideration of the value of the ship as a shared
community asset, the County has allocated $6,500 in its Community Enhancement Funds to support
this service.
RECOMMENDATION:
That Council adopt the resolution authorizing the Mayor to sign the attached amendment to renew
the existing contract and accept the $6,500 from the County to support the tall ship "Californian".
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable
DISCUSSION:
The attached agreement identifies the City of Chula Vista as a contractor charged with continuing
to work toward maintaining Chula Vista Harbor as the Southern Home Port of the tall ship
Californian. This agreement recognizes that the tall ship's visits, open houses and special cruises are
enjoyed by residents throughout San Diego County, as well as tourists. Under the terms of the City's
contract with the Nautical Heritage Society, the Californian is home ported in Chula Vista at least
20 days per year, open to the public six days for free tours and participates in special events
including Harbor Days. It also provides for participation of Chula Vista elementary school students
in on-board Sea Chest programs, high school students in Sea Cadet cruises and inclusion of Chula
Vista in the maritime activities starting this summer for the "Gold Rush to Statehood"
Sesquicentennial. To help keep the home port status, the County has agreed to pay the city the sum
of $6,500 in FY '99-00.
FISCAL IMPACT:
The payment of $6,500 from the County will go toward reimbursing the General Fund for the
$27,665 contract awarded this fiscal year for the tall ship Californian. The City's approved FY
1999/2000 Community Promotion budget included $27,665 to cover this commitment with a
notation that County Community Enhancement Funds had been requested.
Attachments: I)
2)
Agreement between the County of San Diego
and the City ofChula Vista
County Letter of Award and Contract Amendment
7-/
RESOLUTION NO. ~;?~;1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE
AN AMENDMENT TO THE EXISTING CONTRACT WITH THE
COUNTY OF SAN DIEGO FOR RECEIPT OF FINANCIAL
ASSISTANCE IN THE AMOUNT OF $6,500 TO SUPPORT
THE DESIGNATION OF CHULA VISTA HARBOR AS THE
SOUTHERN HOME PORT OF THE TALL SHIP
CALIFORNIAN
WHEREAS, the city'S agreement with the Nautical Heritage
Society to designate Chula vista Harbor as the Southern Home Port
of the tall ship Californian requires that the City make a $27,665
grant in FY 1999/00 to the ship's organization; and
WHEREAS, in consideration of the value of the ship as a
shared community asset, the County has allocated $6,500 in its
Community Enhancement Funds to support this service; and
WHEREAS, staff recommends continuing the proj ect and
recommends executing an amendment to the agreement with the County
of San Diego.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does approve an Amendment to The Existing
Contract with the County of San Diego for receipt of financial
assistance in the amount of $6,500 to support the designation of
Chula vista Harbor as the Southern Home Port of the tall ship
Californian, a copy of which is on file in the office of the City
Clerk.
BE IT FURTHER RESOLVED that the Mayor of the city of
Chula vista is hereby authorized and directed to execute said
amendment for and on behalf of the city of Chula vista.
Presented by
Approved as to form by
Jeri Gulbransen, Public
Information Officer
~
City
H:\home\lorraine\rs\tallship.Ca
7-2
ATTACHMENT ONE
liO/Uc:..ulV ;;'..IIIIC;;j",~ 0' ~JT' EIlllKAtCc:aElrIl s.c:RVI:E~ A~"::Il;
Mdit wid InaleCtitlr' of .ecorS. ...t..,.,. ti_ o.r.ing nonIBl D.IS'ineas hOUl"S .nd a o:ten as th~ t,Qu,ty _r Qe'5l ne-;n5.~'l', !n~
t:.Cf''Itraetor 5JWIll ...x avallaDLe to the ::a&,nTV "Of e~i,...ticn .U D1 11:& N1Cor05 tllttl ~t to .11 _ttel"$ COVe-1"eC tJV -r""
..,~ ..a will pe".it 'ttw tCU'lty to ...cht, ax..ine ere ... .~ or 't1"'Wf'1llCrUIU 11"'_ such ~rus.. .,.; _Ct .l.t:Ia~ of
.-Il 'invoices, _tffl.ls, pevrol LI., ret:0TU5 of Pt'!'"SOr'Ine'1 and other dIIt. "'l.tl~ to .,11 ~tt~ c~ by ThIS "9'"-'1t. tJo'\.eu
othe..wi.. spn:if1ec:l by 't~ t.OU"Ity. ~1l:l recordl; ."OI..lld be- -oe- ..,.i.8ble for ell_lf'IIItlDn ""1:1'1'" Sa-l OlegO Col.rIty. 1:00\'-","'01'"
ahalL _Int.in $:Ud\ reeD.... in.... .~ible loc:IItion and condition for.. pel"'laC 01 1'lDt Leu t~ f_" yea!"'s foLll.....,ng ,"...,r,p!
a1 "Ii,..., ~,..ent .....,. 1:hl. Ag...-.,t l.II'\less COunty a.,"_ '" .,,-ltil"lSl to." ..rLier dispDlllltiClrl.. T~ St.t~ 01 Calitorrua O' ..noy
J.edel"al ."ncy heYl'" .. lftt..rflt in ~ .~ject crt this .r-e-m an.1I MW tlte ._ ritnts ccnt..,..,.lft:l ~ C(dtty by !!'llS
"'.--n.
'~lW'ri., fI'f ~~,.-- lJp:lrI br.aeh Df This "Sl~. t.ounty ahIIll hliw the rilht to tel"'lllil"'lll'te this Ag~t, by
II1Vlr1ll tlt'1n:.n notlQ to rllC1:or of au:I'I te,.i.,.tian and ~ityil'1lil 1:ht ef+.ctiw oat. 'thtrrwof. at l_t -five (5) cays befo~
'tM -.Hec:1:tw Dan of audI "ter-.i.,.tian.. As of 1:tte .Hective o.t.. IFf te,.h_tion. "'tM coumy shall ,.,t be reQUirecl"to _Ice ""y
fUM:hIIr ,.,.-,u ttl CDm:rat'tor .....orr ut. Ae~t. ;r~i.... of tM -..,t of eervicesor _apendit.".e. ..ae by t:.ontr.CtDr
through "tM u-r.hw:tian Ge't1l.
3. "~iDn "fOI' t:arw.n;ence of tau'ItV. etu\ty.,. te,..hwte '%his ~. ~ SffY "ti_ by DiVing 4IT'ttten notice ~ Contractor
o. t.Mll....tlDn .n:I spec:lfYlng th. lIrliective Me "therwrf .-t l.-t "thil"tY (30) drf$ brio,.. 'the eftectiw dete cf sud'l
te,.irwtian. As of the etteetiw $te of 'tennil"'llltion.the tcun:y shall not be nc,.JiNd to _lee any furtn.rpa~'U to Contr-actol'"
"*"thta 'Agl"'.-nt.. 'l"'~ivre O"f 'tM --n fIf ..rvi~ m .expendhurn. __by J:ontl"'act:Ol'" till"ough "'the "'tel"lllinatiCll'l d81:e.
2.
4. "~itwt"i.,~ar ~i_ m CDrtt.-..:tor Cor!tr-.t'tDr ..,.1:_i...w 'tMs o\II~t .t any 'ti_ by gi...il'1lil tlt'i'tten notice to COUI"Ity
01 lWCII te,.ll"'IIItlon and apec:ItYlr,g 'tM 81ftrC'tiw date "theNrOf n least sixty (60) day.s befDre the effeetiw dlte of su.::h
1:erwil"'llltion. 11'1 'th.-tevent. It is expreuly agretld and U"drl"Stoad "'that t;ontractor at tlte option of Co~ty shall tor.. lIIinillUll
.period of "thiny (30).deys ,.fur lIi...i~ 5uc:h notice pl"'oYide _ requested by the adrniniS'tl"'.tor of this Agr-flIWnt, ..sistance ar<<t
aOvice "'tll Contractor's al.Ccnl.Dr 'tof.rt 1 iute 'the period.of "t:r_itlon .caused.by such te"ir:;~ prD...ided that sud! JIIinillUll
period of assist'ance .r<<t advice 'by Cont'raCtor "to Contractor's successor an.ll not -extencl'the effectiw: dUe of the
"te!WiNthm.
3. ~ CDu'1ty _y fl"'Clll "i_ <fO 'ti.. require cNmsres in the scope of -the -aervicn of contractor 'to _be ~r-forwM:I hereunder.
SuctI ch.nges, Inclu:li1'1lil any Incl"'N" or dec,..ue In tne.-.,t of Contractor'. c:~ation which .re autually ...~ upoI'I by
and bet,,"" Ccu1ty'and t;mtr.ctor., 'shall be .fflSCtiw: when incorpor.te tl'l .vrttten """"""'U ttI thts o\II...-,t there;,\.
..
Aaai..bflhv. "ne Con1:l"'actor ~h.tL ~ assi., any inter:est in 'this Agreentent. .nd .hatt not'tr.~fer .ny intel'"est in the !;lIme
(wether by..si..-nt 01'" no....tlon). vlmout 'the priDr Wr-l'ttt!tl COlWwnt of 'the CDU'lty theNl'tcl{. pl"'lW\ded, howew:r. .th.t ClllllllS tor
1IIllI1lty due Dr U_~ due to CDl11:r.t'tor 'tran County under 'tkil. ....r-'t -V be ...igned w'thout sueh .ppr-DVIll. Notice nf IIny
5uctI....1.-nt Dt 'transfer sh.ll be -fl.lM1ishecl pr~ly"to Cou1'ty.
Int~af .Can'tl"'K'tGr. contractor~ts 'that Clmtractor .:pNlflentty -huno interll!at. inclu:lin;. bJt not lllllitedto, other
pr'OIec'tS Dr ulCiepenclel'1t contract... and ~haU nct.aCClLllre.ny suctlil'lt.ernt. di!"'!ct 01'" indirect, ,which WCluld confl let in any 1II!I"l"ter
or deg.... .wltil "tile perlo~ of 'servIces requIred 'to be perlol"'lllecl .u-dar <fhlS A8~ I::ontr.ctOl'" -furtherccwenlnts 'th.t in
'tlteperlo~ of "this AgNeller1t 'T1CI person h....tng 1l1'lY.such irnereat shalt be aaploywd 01'" ret.ined_by Contr-actor un::It!r this
....Il....-nt.
Publ i~ian i m "Nlm!ria No 1Mtertal -produced. in .mole 'Or in pert, under "this -Contraet shal I be subjl!ct
to ~opyl"'l 11'1 -:t .LJn1't -States 01'" In...., o'ther t.ol.ntry4 1'1'1e 1;cH.rltyah.llhllW: U'1rn:tricted .uthority 'to pLbli.h, dlsclosl!
~istribul:e snd other.wbe~. 11'1 ~ole or in -part. any reports, Qua 'Or other ..tl!ri.ls pr-epared uncIer this contl"'llct. All
reports, .t. and.other _terial. 'p~rad under 'this -Contr.ct .shall be "the prOplil'rty of "'tke CD\a'1ty ~'c~l'l!tion -Of this
Contr*".
I~ and Mold Mr"'l~ A~. ~trector .prees ~o .imain 'au::n l,.urance .. wi II iully protectbc:lth Contrector .nd:
Co~ty Trom any or a l c .1_ UI"lCIer.Mtf .wortc.en's C~8tion ect orelllpl~r'..& l iabilhy 1_. er<<t "frCIII -any and: ..II clahns of
whatsoever ,kind or nature -fell'" "the ..... 1:0 Pr'Operty 01'" 'for .personal injury, inclu:ll'1ll death, ...ae by enyDnl! whlllllSoe....r which
..y .arise "from operatlOl'1l 'CSl"'l"'ied on ..o.r 'this Agl"'ftelllent. tither by Contractor;.env ,aax:ontractoror by anyone directly 01'"
ir<<tirectly erl5lllged Dr eq:1lDyllCl by either 'D1' thlllll. -Contl"'actor shell exonerate, indennify .r<<t hold h.MlIless COUl'lty from or<<t
against. 1Ir<<t shall IISSI.IIIe -full responsibili1:y fDr pe)1llel'lt of, .lliederal. -statl!.n:l locel tua or contributioru; l~sl!d or
r~ired undIrr UlWlllPloylllefrt iMur.-.ce, soci.l lIecurity.end inc~ ~.x lellS, .with ~pect-to t:Dntrllctor end Contr.ctor's ~loyees
eI19Qed in perlo~ of 'thi.s Ag~ ~",,"ty..nd 11::5 898"tS .n:l ~loyees sholl not .be. 01'" be heLd liable for any
llabltitin, penalties. or -forfeit~, V,' "for- eny dalulle 'to "the gClCld5.. properties or-e1fect8 of Contractor, or of my other
;:e:"301"- wh.ta~v"T, :-.or-for per.~tlnal i~~' ~ 01" des.th ..n'th_. .whether~.by;;.r resulting frlllll.ny neai.i"ItT1t act o. arnilu;i..,..
of contr.ctor-... Thl! pro...isiDO$ ofthi5: paMlg'r.aph do T1Clt 'MIl ioew:- .'the CDU'lty of COU'1ty's l iebB fty"fDr a.mageS 'to Contractor CBlJ!led
by tlItgl igent -acts or anis.sions.. Contractor <further agrees "to irdew1i-fy and hold t.armlns CDU'lty er<<t 'County's agents (I01d
elIploye-es, against and .frCllh-.ny .nd.U of 'the forqoil'l'll I i..bi I i'ties, .,-1d .ny and all .costs or expenses incurred by County on
a~DIM'It Of any claim 'therefore. Contractor IIg,...s 'to "1IUIll! "t:tIe "foregoif18 .obl ieations end llebi l i1:ies, by whi:h Contractor shill
indellni1y.r<<t hold ~y hal"'lDlns 'frma .all clai... .arisil'1lil .Dr TeIISCltI of 'the .work done or by reason of .ny -ac:tor OIllission of
Contractor...
7.
..
9.
10. I.LI A..l CoM~ J1: is allreed ~ CCUlty is lnter.ested 1If1ly in 'the resu1"ts Dbt.in8d and 'that Contractor-shall pl!rlOMll
as MI IndlI:pt!nDllnt .contractDr witt "SOle cantrol of the....,...:l...,. of perl~Ir''8I'1''Ilil the services TwqUiNld under this All'r_nt.
Contraetor shall c:olIIptete 'this Aslreement .accordi'1il 'to Contractor's 'OWI'I ...and Mtha of work which sh.ll be in the exclusi...e
chllrge.nd c:ontl"'Ol of t;on'tractor and snall nett besubjec:t '%D .control or ...~iaion by Col.nty except:.as 'to 'theureaults of tne
.vert.. .t:ontr.ct:Ol'" ia. far all p.lrpo5eS arisi"lil DUt of "ttIi.s ...~. ... .indaperDent com:ractDr and nei1:her .COntractor nor
t:ontr.ct.I7l"'.... ~loyen shall -be deemed ., eaployee of .ccuny. :Jt is .expreaaly~l"'StDOCt .an::l agreed tnet contract.or er'ld
Contr.ctor'. -.playees .ahal! in I"ICl event be -entl'tled "to.nv.benl!fiU 1:0 .tolt\idl CDUtty tIlIIployees..re enti"tled, .inclu:liTllil. but not
I iMit.cl :'to, "DVWr-ti_. any retir_nt bene'fi'ts.. worx-n's 'CDllpl!Nlation benefi"tl.. .nd injury l..ve 01'" other lellW: bl!nefiu.
EM' ~;~ U1ntrllC1:or.wi L l not diacrhninate .gainst canv ~loyee. .or .gaifllit .uny applicant -for 'suchetllplo~ntbl!c.u!ile
o aet. race. CD or. Nlllll'ic.n, ptlysic:.al t\aI1diC8f:l, ancestry. sex or...na1:iDhlll .origin. 1his pro...ision ahall incLu:Je, b.rt not be
tiMi'tecl ~o, "ttIe -following: ftlPlo'flhl!nt, uPSlrsdin;, ~ion. or't:rarsTer.: -recrui't1nel'1t or recruitlnl!nt adver-tiainsli I.yoff or
1:el"'lllirwJ'tion; -r.ates of pay or other -fol'8&.o1 c~tiDr1: .000-.elll1:t"lon 'tor "'tninil'1lil. inclu:li'llil_.pprenticellnip.
11.
12.
AffifWlt'h.e. -Action Contractor, CDfltr.::tor',S aubc:orttraetors end '~li.l"'S. i1" 8I'\Y. shall cClllply _with .the AffinlllltiveActiDrl
Progr_ for \/er'IDon: Itfl aet ~orth in....rt1.cl.. JUt. (cDllnel'1Cing .t.; 84) of 'the San 'Dll!{JD Co~ty Acninistrative Code. .which Prl'"lgr8lll
is incorporated h~rein. by Nlf.erenee. -.."\1,," the Contractor, Cont:r~ctOl""! Sf.lbcontractors or SupPliers .re ex~ted "from slIid
progr_. 1ke ....ffn_tlY8 Act\on Progr. "f.or \lenders .s set -forth 1n -ArtlcleJIlk of .the SanDlego Coum:yAl:mllnl.tr.tiw: Code
an:l'tne rules.and regul.tions Illlpl..m:i1"4ll _id PrDgr... as..atrt -fom in Board of ~l"'Visors RlI8Ohl'tion'lIo. 'Z3! dated.......ry 25_
1977.and Exhibi't " 'thereto are on -f~ Ie in 'me oHice m 'tt1e t:lert of "'thelloard of Supel"Viaorsof 'the 'Ccu1ty Of san Diego, County
Aaaininrnion .center.. san Diego, .tat i'fDrnia 9Z1D1~ Copies v1auch provision of "'the san lIiego County AOninhnr.tiw: Code wi II
be 'furni.t..d J4IDh ,"*","t.
~t 'Perf~. J't is .exprus\y ~l"'C'too:l1ll'ld _.rlled'that Contl"'IIC'tOl'" shalleng.~or require the services of no cthl!T
pl!rsOfl Dr Tll'11l. by COfl'tl"'.C1:000 !;Ir o'therwi_. 'topro...ide or tlSSiat ir, pr-cwidi'1llSud1 aer...iceswithout the e~pre&S _r-inen cons~nt
r:t -~ty{ prov.ided. however. "'that "this pr.ovis.!ClI1 .l!hall not -apply to sec,...tariaL. .clerical, routine1lle:hanical ar'ld silllilar
lnl:lden'ta .ael"'Vlces neecIecI-bv CcntractOr "to aD1Stl1'1 thl! perlo".nce of .tins Agreenent.. t;ontl"'llc:tor shall not hire County'S
~l~a ~D ,..rfo"" M\Y J'Cll"'1:ior. ef .,....~ ~rlr or 'Ilervices "tIl"'DYided for hllreil'l ;nclu:lil'1lsecrnerlsl. clerical and similar-
inciOental a.l"ViclI& ellCep1: ~ 'tne ..,n"en aPJlrov.. wi C".;.r.".:;4
eo-rnina L_. This .gr~ "Sl'1all be c:ons1:rl.ll!d and int:erpret.t!d..ccordirc"'to the l_ of 'the State of ClIli-fomia.
~'s &ml___ ~ EmtiDRnt ~rac:tor IIgreu -:thlrt .com:.r.ctor-ha;s;am;ured 01'" ...ill 88Cl.1l"'e.at Contr.ctor-'s DIIe'I expense
. L persons, ~lD'f'l8S. .eql,npaent ~lrad 'to perlorm 't~ ael"Vlces reCII,nred wdl!r 'this .Ag~ and 'that .l t "Such aervi cel;
.will be perlDrwed. by Contnct.Dr:. Dr un:ier t:ontractor-'s supervision. by persDnlS authorized by lew'to pe!"form such services. If
any ...rr.r,g~ 11. INlde .wherl!Dy -C!IIIployees of County are used -by Contractor IInd are subject. 'to Contractor's "SuperviSlOr'l end
contMll. they sh.ll.. while ~Ige in sudl NOr~ be considered fDr IIll JlUI1Xl5e5. ,.s IIl1ployees, servants. or agents of the Contrill:::~or
ar'ld.nCIt of cmmty, lrrespectl...e of per"ty ;:eYlTIg 'thlllll. COI'It"raC'l:or skall exoner.te. InDIla'iify, .r<<t 'holdharlllLel.S COIJI'lty frnm end
.ga,nst any and .ll loss. dalaage or expmSe. by rellson of any act of ani.ssion of any IIl1ployee ser....nt Dr .gent of .tont:"lIctQr
incluclif'llll'tkoae, if .ny. orllli~llY 1IIIlI?1oyoed by County and utili.udby Conn.ctor, and Cont:rdctor .greest.o defend, lit
Contl"'llctor-'~ own e~e, any SUlt or .SU1U 'tt,at IDlIY be brought against CDunty by l"'O.IIscn of IIny s\Jch .act or omission. Cc~ty
shell "':'t be reapoNl1ble nor be 'held liable "for anydealllgl! to person Dr property c~equent upon 'the use, misuse, orfaituT"l! of
.nyeqult:mmf used by COI'Itl"'llctor or any of' tOl'lUactor's ~l~. even "though I.urh equipaent be furnished. rented. or loaned
'to Contl"'llctor by COuntY4 The ecceptsnce Dl'" use of any suchequlplll!nt by Contnc:tor's~layees shall be construed "to _.n tnllt
Contractor .ccepts tull responsibi l ity -fDl'" .and ~Ilrees 1:0 exone,r.te. inOelmi-fy an:Iaaw: hS1"Wlleu CCIU'1ty TrDIII and against any Ilncl
all clai. for any a-ge whatsDe\lt'r r-esult:ifllilfrDIII 'tne use. ..i5use, or iai lure of s.uch .equipllMtt.. whether ~ a-ge be 1:0 t~e
~loyee 01'" proper-tv of Contractor. other C.DntractOTs., CDlllty. or of other persons.. EquiJnent includes b.rt is not limited to
_t~ri.ls. 'toots or other 'thIngS.. "
13.
14.
15.
16.
t~let:e A.a~. 11: is expressly UI'1I:Jl!'-stcmd en:! agreed tha~ 1:his AgreellleT\t cOl'lS'titutes the entire .gr~nt betweer'l i:ontrll~t<')r
.I"ld t.mmty.1"ld 1n no eV'lrt1t snail contr.:::tor toe entitled to e"y e~ation, l:Ienef;ts.. r.ilUlUrsl!IIlI!fIt5 or ancilLary 'l!r...ice5 C:~"t"r
than _herein eltPrr1lslypro",lOecl.
7~3
AQtEaEIf! BETWEEN THE tD.*Tl Of 5AII DIEGO
IIf'Id Cm Of CMUlA limA
The t:~ty. ~r .uthority of Gav. C1Ide '26100 al"ld II;IpI icabl~ C1IUI"Ity
Dl"din.nces. desires to ei'lgfI~ CClrltr.ctor in c_cti1lrl with th~
prOMOtion .nd .o-rtl.;.,. of Cou1ty r~.1IUl"'ees in OrMr to 10urilUll. trMie. .nd
c_rce In the county;
l.IllUEAS, Contr.ctorpDII....e;Jl certaiT'l .kllls, I!lCperiel"lCe. education end/or
c1llllf'l!uncy to pe1"1o"" 'the .pecl.1 .ervices or .vent iDentified below, and
tOlJ'tt)' da.ir.. "to en;a,r ta1tractor for ludl spu:ial services or event; ard
AllInG! AIm awrRDU.EI
hl'ding ~izatian f0250
~:::.'..~., 3(.3..5\
1.. Option Aetivity
AppI'"Dftd fM fwD wd aCCGUnta:
WEJlEAS, the I.rd of Supervisors ClrI the dat:e aet forth In exhibit 11., allocated
IIT'l awerd for the dotlar _Y'1t .et forth in Exhibit. A for the 'Cootr~t period
let forth in Exhibit A. by 11III1"d Action taken In the MiT'llJte Drder .et forth In
Exhibit. A;
awERT 8CD::EJ1., Ed.D.
AWitor " Cclntroller
By:
The C~ty of San Dilr;'o hereby enterli an a,r---.t with Contractor CiW of
thula Vista.
Scooe of Services. The Contractor wltl prlMGte and provide a scope of .ervices described In Exhibit "A", which is attaChed hereto
and by this refe1'"el'1Ce incorporated herein.
rem of Aorl!l!llll!'nt. Th. tel'1ll of "this Agr.-nt .hall be "for the period irdicated in the attached Exhibit OIA...
AutOlllltlc R_IlI ior SubseDUent fiscal Vear"$ Thll Agrel!llll!f1t shall be aut~tical\y renewed i01"subllequent fiacal yaars. pravided
that (1) Contractor lubmlts a ti_ly written "fundin; request ior e.chauch5ubs~t"fiscal yellr; (2) 'the Board of Supeorvi:<:ors
approves ""unding ior the Contractor "for suc:h subsequent .fiscal year; (3) .the-Audltor and controller notlfiell the Contractor 1T'l writing
of the lavel of 'funding approved.bY. the BOIIM:l of :Super-visors -for "the :1l1Dequent -fiscal yaar., and any cn.nge In 'the -scope of servicell
required ~ the County -.sa -relult of ch.nrpes in :rhe 'Contractor's .fundiJ1iil ~ CJT'ehanges inthlll level of "funding avai lable for
the Itbaequent -fiscal yur: and (4) ContractCJT', within thirty (3D) d8ys of -receiving the Notification of Contract Change from the
Auditor and Contra! tar 'for the subsaquent -fiscal yaar, .sreesin .writing .to ~he -..ount of ini"" ,approved by 'the Board and tc any
chingI' in .thescope of _rvleu set fom by the Auditor ard Controller. Contractor's cDq)l!Nlation ard 1:he s~pe of service!! in
subsequent iiscal yeal'S sh.1l t. -that c~tion and scope of .ervlce .et -forth In the Auditor and Controller'S notification to
Contnctor provided for above, ,which Ihall be incorporated into~his 'Agreellll'nt_ the Exhibit A for any subsequent r_l perioel.
Method of Pevment. .Paytnenta will be IIIIIde aut_tically c~ing with "the County's receipt of -tI signed copy of this Agreell'lent
according .to .the .following .chedule: Grants '55,OQO and under - 1'ull pIIv-nt to be distributed upon pl"'OcessiT'lSl and IIlxecut;e11'1 nf 'the
contract; Grants oval' S5,OOO to SSO,OOO - "'full pII'(11\1!nt to be distributed ~NoVl!lllber 3D of each year; GraMs overSSO,ODO "emi.
IIlT1U11l -plIYIIII!T'lts "to be distributed by N~r 30 and 1:he iol lowi"liil Mard1 31 of each .....r.. In the event a signed copy of this
Agrel!lllef1t is not rt!ceived in sufficient -ti_ for prClCessing and execution 1:0 lllel!t the above pay.nent scheclullll, pa'f/lll!T'lts lIIlIy be dl'lllyad.
During the contract year_, but in no 'l!vent later than two1llDnthsbeyondthe contract yur, the Contrllctor IJIUSt submit docuneT'ltRtion
to the CountY's -repre.entative .ettlng forth aC1:aal experditures _de in -auppoM of the scope of services. Any payments IlIIJde to
contractor ,whleh exceed the toul actaal .xperdi1:ures for -th-e contract year ....t be refunded to the County. Reimburs_nt for t'xpens~
;OCI,lI.red in...ova.",;t' 01 the q.,ou1""te:"l, plt7~nt ~;::~:u,,!:..te _it: ~'1Ilade uporIs:.:wnist'ior.:::lf 1IlT'l in-."C!::e b~' t~e Ccrn,:r!l.C':o-r ~~ "the ~:nJl"'ty's
repreaentltlve aettin; foMhthe aetual ~~hure5. 1he aIlItllJT'lt of -.uch -rehllbura.-nt .hall be deducted "from the succNding
quarterly pav-nts.
In the event 'that le.s than all serviceli art! perfof'lllf:d iT'l -. pr~r and tillll!ly ....-.er, the 1:ootractor shall be> obL Igated tel ;nfOnll
the C~ty"s 7'epresentative of sUC'h, and shlll1 only be paid -for the reaaooabl.. costs of thOlle w.ervices perlonned during the pllVlllllll"lt
period.s detel"lllir.cl by the County's repree:entatlve. Mowever.. the Contractor and the County's rapresentative may a"roe in,,~iti"9
to extend 'the period of this Agr_nt "for not IIIOre 1:han 'thrll!l! (3) IIlDnths"to .How the contractor additional tilll!! to perfel.,., the
lervleea --rtrq.tlrecl by "thla A9,..,~t. The "1:o1:al ""."..en'll. _de "to contractor --tCJT' services perfonned during 'the total period of this
Agr~t, including any extensiorl, .hatl ,.,t exceed the 8IllOunt .Llocated 'to Contractor .1 indieated in this Ag~L In the e...nt
Contractor raceives pa~t "frOll the COLA'1ty -for a 811lrvice which is later disallowed by 'the COU"lty upon review of "the Contractor',
docUlll!T'lt~IOT'l of -IIlictaal-expendi1:ures, the Contractor IIhall prOlllptly ref....athe dl_llowed 1IlIIIOU1t"to the Co...,ty on request, or lit its
option, '"the County offset the -...aunt disallowed irOlll.ny pIl'fllll!'1t due or to bec~ due "to contl"8ctor lI'lder this Agrl!ellll!nt or Bl"lY !';Ither
Agr~t. In 'the event "this Agr_nt isteminated by .cDl.rlty -purs....nt "1:0 ~rqraphs.'2 or:3 lI'lder 'the 1:1'l"1li& and conditio"" on the
revel'tle side of "this Agr..-ent, 'the COlJr1ty snallnot be requlMld to _Ice lI'1Y-further payMents 'to "the Contractor as of the effective
date ofteMIIlnatlon, irrespective of the IIlIIDl.nt .of .arvices or experdltures ..:Ie.by '"the Contractor through the tarmination date.
t~5atiol"l.The COlJr1ty .grae-a -tn pay to the Contractor "'the liun lIet forth 11'1 Exhibit ....... 'for the period set forth in Elfh;!,>; ~ "A'"
which is -attachecl hereto.nd by this refe~ incorporated herein, and Contractor ag~s -that said sun shriLl be fuLl comprn..at;e1n
for ,all .ervices' IT'l per"fo""i"liil1:his .g~ ""or said period.
Aclrninistr8tor of Aoreement ihe Auditor and Controllar .hall ~ the C~ty's representative for the purpose of aministerh,g this
Agr~.
!!2!.is.,. Any notiee or -notices required or 'PI!rmitted 1:0 be Viven purs....nt to 'thi. Agr~t _y be personal ty served 01'1 the other
party by tlte JJIIlrty "Iving sl,,;ch notice., or _y be Mrved by cerTifiecl_il, postage prePflld, return rttc.eipt r~ested, to the following
aclclrlllsaes:
COUl'lty:
COl,JI'\ty of Sal'l Diego
1600 Pllci1ir .n~...
San Dilllgo, CA 9Z101
lI.:Jproved aod/or authOrized by the Boara
C. .=~:~~~O~f the C.oun1Y of Sao Diego
L..... __7: -I> f1& Mmute Order No....:r.:2.
., .::)t..,;"-.S J ?ASTUSZKA .
~j.-,~r~~superVisors
Deputy Clerk
tontr.ctor:
Jeri G.ulbransen, toordinator
Ci1"y of ChuLa VicUl
276 fourth Ave
Chula Vis't8, CA 91910
I have rud tile above and the TeMllS ancl t;onditions set forth on the back of this Agrel!lllent end J accept the. alLocatiOn line! lIgree
thereto:
Contractor
~
slgna/ure Shuley
,M"( }"'1~
Date
Horton
Hayor
Title
12/13/96
County of San Diego
J. l70vv \ -
1.1<-. qi-
Clerk of
'"' a_cd of '''''',:;;= 1'"OC;'" ,.".._~,.t;v,
C'C"'76 -.2 /."-
,:( / S;'--_.~-,t;~Y
OiltP.
ATTACHMENT TWO
WILLIAM J. KELLY
CHIEF FINANCIAL OFFICEPoI
AUDITOR.& CONT~LLEA
(619)5rJ1-S413
FAX (619) $}1-521tl
<1lIluntu Ilf ~an ~iegIl
AUDITOR AND CONTROLLER
1600 PACIRC HIGHWAY. SAN DIEGO, CALIFORNIA 92101.2478
June 22,1999
City ofChula Vista
276 4th Av
Chula Vista, CA 91910
Attention: Jeri Gulbransen
Dear Jeri Gulbransen:
Congratulations! The Board of Supervisors has tentatively approved your Community
Enhancement Program (CEP) allocation for Fiscal Year 1999-00 in the amount of $6500.00.
After the Board's adoption of the Budget Resolution, your award will be official.
The 1999-00 CEP Guidelines and Procedures are enclosed for your information. This material
will answer most questions you may have regarding your contract and the payment process.
Two copies of Exhibit A are enclosed for your review and approval. This document will be used
to renew your existing contract. Please sign both copies and return them on or before July 21,
1999.
To ensure there are no undue delays, your immediate assistance is requested. Our records
indicate that we have not received your organization's 1998-99 cost documentation. Under the
circumstances, your 1999-00 contract can not be processed witltout this information and no
further CEP payments can be issued. Please take the necessary time to complete the enclosed
Documentation Form.
An executed contract renewal will be forwarded to your organization along witlt a payment
(mailed separately) within 10 working days after the Board's final adoption of the County's
1999-00 Operational PIan, provided that we have received the requested information.
Should you have any questions regarding this process, please contact Penny Halgren at
(619)531-5172.
~c?~
CHRISTOPHERP. GILMORE
Office of Financial Planning, Director
OFP:CPG:amc
Enclosures
7-/5
COMMUNITY ENHANCEMENT PROGRAM
EXillBIT A
FOR 1999-00
NAME OF ORGANIZATION:
City of Chula Vista
DA IE OF AWARD BY THE BOARD OF SUPERVISORS: June 21, 1999
PERIOD OF CONTRACT: July 1,1999 - June 30, 2000
SCOPE OF SERVICE:
Tall Ship "Californian"
AWARD AMOUNT:
$6,500.00
I agree to the Contract terms stated above:
Signature
Date
7/1/
ITEM TITLE:
Item 8""
Meeting Date Julv 13. 1999
1/. Resolution /9.5 ..2.tJ Accepting a Regional Household Hazardous Waste Grant
HD7-98-2828 for $257,070 from the California Integrated Waste Management
Board and Authorizing the City Manager to Complete all Documents in
Conjunction with Executing the Grant.
COUNCIL AGENDA STATEMENT
[3. Resolution /9..5:2) Amending FY 1999/2000 Budget to Include the
Household Hazardous Waste Education and Disposal Program, Add Two
Temporary, Part-time Positions (1.50 Staff Years) in Unclassified Service in the
Waste Management and Recycling Programs and Appropriating Funds Therefore.
::=B:~' :::='::M~~
. ..Yf--- - 0 ~ ~ (4/5ths Vote Yes XNo~
On January 19, 1999 the City Council approved a household hazardous waste grant application to the
California Integrated Waste Management Board (CIWMB). The grant requested $298,500 to fund a
regional household hazardous waste drop-off and education program. The CIWMB has responded with
an award of$257,070.
RECOMMENDATION: Approve the resolutions accepting the grant from the CIWMB, amending
fiscal year 1999/2000 budget and appropriate funds to execute the grant.
BOARDS/COMMISSIONS RECOMMENDATION: The Resource Conservation Commission
unanimously supported the grant application for a regional household hazardous waste (HHW) program.
BACKGROUND: On June 16, 1998 the City Council passed a resolution that authorized Chula Vista's
participation as the lead agency in a South Bay Regional HHW collection, disposal and education
program. The resolution also established a solid waste surcharge to fund program costs for Chula Vista
residents. The surcharge generates approximately $95,000 per year. Subsequently, the County of San
Diego was awarded approximately $125,000 in grant funds dedicated to the development of a South Bay
HHW drop-off facility. This additional $257,070 grant will provide sufficient funding to develop and
operate the South Bay Regional HHW education program and drop-off facility through March 200 I.
Chula Vista and the participating jurisdictions will be responsible for paying for the disposal costs for
residents from their respective jurisdictions using the facility.
DISCUSSION: The toxic material that threatens our recreation and wildlife resources does not
recognize city boundaries. Paint, solvents, pesticides, cleaners, oil, and other toxic materials that pollute
our storm drains, creeks, rivers, the bay and beaches (watershed) have the same cumulative impact
whether they originate in Chula Vista, a neighboring city or the County. Chula Vista cannot stop the
potential pollution of the South Bay watershed by itself. All potential contributors to the South Bay
watershed need to implement a comparable program to assure that the watershed; its habitat and
recreational resources are protected. A regional HHW program is a major step in that direction.
HHW reduction and proper disposal is also a safety and quality of life issue. Removing toxic materials
from garages, under kitchen and bathroom sinks, garden sheds and other places in the home can
[5--- )
Household Hazardous Waste
July 13, 1999
Page 2
contribute significantly to home safety. Removing toxic materials from your home can prevent toddler
poisoning, environmental illness and reduce toxic exposure to your family and safety personnel in tlte
event of a fire. The primary message of tlte. HHW education program is a simple one. "Buy alternative
non-toxic products whenever possible. When you choose to buy toxic products, buy only tlte amount
you need, use it according to instruction and recycle the container."
This grant will: I) partially fund a permanent regional HHW drop-offfacility at the City's new corporate
yard, 2) partially fund a door-to-door collection program for tlte disabled and elderly, 3) add hypodermic
needles and otlter materials not currently covered by the program, 4) establish a waste exchange facility
to promote responsible reuse, and 5) develop and implement an innovative public education and
promotion program tltat targets South Bay residents and stresses source reduction and proper disposal.
The development of a permanent facility for tlte South Bay is consistent witlt recommendations of tlte
City and County Household Hazardous Waste Elements. The San Diego Solid Waste Task Force and
the Technical Advisory Sub-committee recommended a shift from temporary events to permanent
facilities. The shift was recommended for three primary reasons: 1) Permanent facilities have a lower
per trip or household cost, 2) Permanent facilities provide more convenient service and facilitate better
public education, and 3) Permanent facilities combined with more consistent public education are
projected to provide a higher degree of diversion.
HHW disposal costs are not funded by tlte grant except for some elderly and handicapped collections.
HHW disposal costs are funded by the jurisdiction of origin and user fees. Chula Vista will use its
HHW and AB 939 trash fee to fund disposal costs for Chula Vista residents and any other costs not
funded by the grant. The City of Coronado has generously allowed Chula Vista and other South Bay
residents to use their facility for tlte past year. Chula Vista is using tlte HHW fees currently collected to
reimburse Coronado for those costs. Staff plans to initiate a door-to-door HHW collection program later
this summer. The door-to-door program will reduce or eliminate the use of the Coronado facility. The
door-to-door program will also continue to offer a cost-effective alternative and higher level of service
after tlte permanent facility is complete. The door-to-door program would then serve tltose needing
additional support, such as tlte disabled or those willing to pay a small $5 co-payment per collection for
the added convenience.
Altltough Chula Vista will administer the program, the cooperation and support of Coronado, Imperial
Beach and National City have been key to receiving grants and providing uninterrupted service. The
Port of San Diego and the U.S. Coast Guard have also been strong supporters and have assisted with
household hazardous waste education for boaters and other Port tenants. Staff will continue to
encourage the other South Bay jurisdictions and their residents to use the regional facility, participate in
the educational program and pay their equitable portion of tlte costs. Staff expects the regional facility
to be open in the spring of 2000 when tlte new Chula Vista Public Works/Corporate Yard opens.
FISCAL IMP ACT: There will be no impact to the general fund as a result of approving the resolutions
and implementing the program. All of the costs associated with the execution of the HHW program are
reimbursable by the State except disposal. The State will reimburse the City for up to $257,070 to
develop and operate the regional household hazardous waste program. The grant will fund the capital,
equipment, printing, personnel and a portion of the contract for disposal costs associated with
implementing the grant (Attachment A). Any additional costs not funded by the grant would be fully
funded by the HHW solid waste surcharge on refuse bills. ? 0" ;;J- Cas.hhw-7-13-99
BUDGET ITEMIZATION
.Permanent Collection Facilities
Chula Vista Reaional Site & Coronado
Office, waste exchange, education trailer (If possible 2nd $10,000 trailer funded locally)
Purchase and install facility fencing, gate, water & electrical hook-up
Relocate curb, shrubs and, security lighting
Facility signage
(2) Canopy/wet weather-shade @ $300 ea.
HHW Storage containers & earthquake Installation: 1 Coronado 1 Regional @ $24,000 ea.
(2) Rotating drum handler: 1 Coronado, 1 Regional @ $3,000 ea.
Spill containment deck/pallets w rails 4 @ $666
Facility Containment Buoy
Marina Absorbent Socks, approximately 125 @ $8 ea.
Emergency shower & eye wash
(5) Horizontal drum racks @ 100 ea.
(2) Storm drain cover @ $250 ea.
(2)Steel ramp for modular spill pallets @ $225
55 gallon manual drum truck
25 bags absorbent (recycled material) @ $ 8 ea.
Respirator - NIOSH/MSHA approved 5 @ $40
Eye Protection - 50 @ $4 ea.
(2) Spill kits @ $100 ea.
40 Tyvek suits @ $4.50 ea.
50 pair neoprene gloves @ $5 ea.
Shoe covers 50 @ $2 ea.
Contractor/disposal costs 40% of 2,300 participants @ $75 ea.
TOTAL Permanent Collection Facilities
Residential Collection:
Collection & Disposal for approximately 333 disabled and senior non-mobile households
(1 % of the population) @ $75 ea. (Additional $2,000 cut from original request)
Reusable Collection kits 330 @ $6 (to be funded by local funds $2,000)
Disabled & non-mobile Senior, kit delivery, assistance & education (1/2 funded locally)
TOTAL Residential Collection:
Publicity and Education
Billing Inserts, Instructions, flyers, stickers, mobile display graphics (up to 140,000 brochures)
Premiums, recycled content product handouts
Newspaper ads 8 quarter page adds @ $500 ea.
Household Hazardous Waste Hotline
TOTAL Education and Publicity
Personnel/Other Costs
HHWTemporary Expert@ approx 18 mo. @24 hrs p/wk @ $16 p/hr. (permanent facility)
Graphic Artist 8 hours per week @ $10.3622 per/hour (education and publicity)
Office Assistant: 18 mo. at approximately 16 hours p/wk @ $10.49 per hour
TOTAL Other Costs
Exhibit A
$10,000.00
8,000.00
7,000.00
1,000.00
600.00
48,000.00
6,000.00
2,700.00
1,000.00
1,000.00
750.00
500.00
500.00
450.00
300.00
200.00
200.00
200.00
200.00
200.00
200.00
100.00
$69.000.00
$158,100.00
$23,020.00
$-0-
$ 1.450.00
$24,470
$14,500.00
$1,000.00
$5,500.00
$6.000.00
$ 27,000.00
$29,900.00
$4,500.00
$13.100.00
$ 47,500.00
TOTAL GRANT REQUEST $ 257,070.00
"The estimates for facility equipment items are from the newest New Pig and Lab Safety Supply
Catalog.
23
RESOLUTION NO. ~;1~27
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING A REGIONAL HOUSEHOLD
HAZARDOUS WASTE GRANT HD7-98-2828 FOR $257,070
FROM THE CALIFORNIA INTEGRATED WASTE
MANAGEMENT BOARD AND AUTHORIZING THE CITY
MANAGER TO COMPLETE ALL DOCUMENTS IN
CONJUNCTION WITH EXECUTING THE GRANT
WHEREAS, the people of the State of California have
enacted Assembly Bill 1220 (Eastin, 1993) that provides grants to
local governments to establish and implement waste diversion and
separation programs to prevent disposal of hazardous waste,
including household hazardous waste, in solid landfills; and
WHEREAS, the California Integrated Waste Management Board
(CIWMB) has been delegated the responsibility for the
administration of the program within the state, setting up
necessary procedures governing application by cities and counties
under the program; and
WHEREAS, on January 19, 1999 the City Council approved a
household hazardous waste grant appplication to the California
Integrated Waste Management Board; and
WHEREAS, the grant requested $298,500 to fund a regional
household hazardous waste drop-off education program and the CIWMB
has responded with an award of $257,070.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista accepts a Regional Household Hazardous
Waste Grant HD7-98-2828 for $257,070 from the California Integrated
Waste Management Board.
BE IT FURTHER RESOLVED that the City Manager, or his
designee, is hereby authorized to complete all documents in
conjunction with executing the grant.
Presented by
Approved as to form by
Michael Meacham, Special
Operations Manager
~
H:\home\attorney\reso\grant.haz
6/l - !
RESOLUTION NO. /1;1~~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING FY 1999/2000 BUDGET TO
INCLUDE HOUSEHOLD HAZARDOUS WASTE EDUCATION
AND DISPOSAL PROGRAM, ADDING TWO TEMPORARY,
PART-TIME POSITIONS (1.50 STAFF YEARS) IN
UNCLASSIFIED SERVICE IN THE WASTE MANAGEMENT
AND RECYCLING PROGRAMS AND APPROPRIATING FUNDS
THEREFOR
WHEREAS, on January 19, 1999 the City Council approved a
household hazardous waste grant application to the California
Integrated Waste Management Board; and
WHEREAS, the grant requested $298,500 to fund a regional
household hazardous waste drop-off education program and the CIWMB
has responded with an award of $257,070; and
WHEREAS, the grant will fund the capital, equipment,
printing, personnel and a portion of the contract for disposal
costs associated with implementing the grant; and
WHEREAS, any additional costs not funded by the grant
would be fully funded by the HHW solid waste surcharge on refuse
bills; and
WHEREAS, in order to fully utilize the grant monies, it
is necessary to amend the FY 1999/2000 budget to add two temporary
part-time positions.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby amend the FY 1999/2000 budget to
include Household Hazardous Waste Education and Disposal Program,
and to add two temporary-part-time positions (1.50 staff years) in
the Unclassified Services in the Waste Management Program.
BE IT FURTHER RESOLVED that the sum of $257,070 is hereby
appropriated to the Waste Management Fund.
Presented by
Approved as to form by
Michael Meacham, Special
Operations Manager
H:\home\attorney\reso\grant.haz
6;5 ~ /
COUNCIL AGENDA STATEMENT
Iteml
Meeting Date: 07113199
ITEM TITLE:
RESOLUTION /9Y02.. Amending the FY 99/00 budget by
appropriating unanticipated donation revenue in the amount of
$7,250 to the Library and Recreation Department budget for
expenditures associated with the Summer Concert Series
Director of Library and ReCreation~
COy "'""''If-"a ~ (415Ih. Vote, Y9 -'- .0_)
SUBMITTED BY:
REVIEWED BY:
The City of Chula Vista Summer Concert Series is supported by donations, which fund the
expenses of the entertainment and artist fees. The season began on June 13, 1999 and
will end on August 29, 1999. Donations have been received from - The Corky McMillin
Companies, Daewoo Motor America, Inc., The Viejas Band of Kumeyaay Indians, Duke
Energy South Bay, Pacific Bay Homes - LLC, Pacific Waste Systems, BF Goodrich
Aerospace, Jerome's Furniture and Pacific Bell.
RECOMMENDATION: That Council approve amending the FY 99/00 budget by
appropriating unanticipated donation revenue in the amount of
$7,250 to the Library and Recreation Department budget for
expenditures associated with the Summer Concert Series
BOARDSlCOMMISSIONS RECOMMENDATION: N/A
DISCUSSION: The Summer Concert Series is held on Sunday afternoon from 4:00 p.m.
until 5:30 p.m.. Park sites include June 13 to August 15 - Memorial Park; August 22 _
Marina View Park - Pops Concert at 6:00 p.m., and August 29 - Chula Vista Community
park at 4:00 p.m. Attached for the Council's use is the Schedule of the Season and
newspaper special insert that is devoted to the entire musical program and the artists that
will be performing in this series of concerts which are free to the public.
FISCAL IMPACT: Funds have been received through donations; no net impact to the
General Fund.
Attachments:
Summer Concert Series Brochure
Concert Schedule
[e:\home\library\A 113\concert$.A 13 - 06-29-99J
9-)
./
RESOLUTION NO. J 9..pc2..2..
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY 99/00 BUDGET AND
APPROPRIATING $7,250 TO THE LIBRARY AND
RECREATION DEPARTMENT BUDGET FOR EXPENDITURES
ASSOCIATED WITH THE SUMMER CONCERT SERIES
WHEREAS, the City of Chula Vista Summer Concert Series is
supported by donations, which fund the expenses of the entertain-
ment and artist fees; and
WHEREAS, the season began on June 13, 1999 and will end
on August 29, 1999; and
WHEREAS, donations have been received from - The Corky
McMillin Companies, Daewoo Motor America, Inc., The Viejas Band of
Kumeyaay Indians, Duke Energy South Bay, Pacific Bay Homes - LLC,
Pacific Waste Systems, BF Goodrich Aerospace, Jerome's Furniture
and Pacific Bell.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby amend the FY 99/00 budget and
appropriate $7,250 to the Library and Recreation Department budget
for expenditures associated with the Summer Concert Series.
Presented by
Approved as to form by
David Palmer, Director of
Library and Recreation
orney
H:\home\attorney\reso\concert.app
9~..2
Donations List
Funds that will be placed in 18710-6401
1. Pacific Bay Homes, LLC $1,000.00
2. Pacific Waste Services 500.00
3. Corky McMillin Companies 500.00
4. Daewoo Motor America, Inc. 1,000.00
5. Duke Energy South Bay 1,000.00
6. Viejas Casino and Turf Club 1,500.00
7. SF Goodrich Aerospace 250.00
8. Jerome's Furniture 500.00
9. Pacific Bell 1,000.00
[e:\home\Jibrary\A 113\concert$.A 13 . 06-29-99)
9~3
"
.-II
~
\~
--., ~ ~\
1./ -,;.
V .\
MUSIC IN THE PARK CONCERT SERIES MEMORIAL PARK
CITY OF CHULA VISTA - OFFICE OF CUL ruRAL ARTS
619585-5627 4:00 p.m. Curtain FREE
June 13, 1999
June 20, 1999
June 27, 1999
July 11, 1999
July 18, 1999
July 27,1999
August 1, 1999
U.S. Navy Millennium Dance Band
Jazz Trak
SwingfBig Band (Local)
Power Play
Funk Latin Rhythms
(Local)
Kristin Korb
Standards/Smooth
Tami Thomas
Jive/Swing-Big Band
Native Vibe
Multi-Cultural Rhythms
HemispherefRobb Shinn
Jazz Fusion
August 8, 1999 Crossroads
Blues (Local)
August 15, 199~ Inzunza
August 22, 1999
August 29, 1999
^
Power Pop (Local)
San Diego Chamber Orchestra "POPS" Concert
with special guest, artist and giant fireworks -
Marina View Park 6:00 p.m.
Jaime Valle Er Equinox Latin Jazz
Community Park below Eastlake High School
&--4-":J
9~i
J\
COUNCIL AGENDA STATEMENT
ITEM TITLE:
/9.5.23
Resolution accepting a grant from California Healthy Cities
and Communities; and Amending the FY 99/00 budget; by Appropriating
unanticipated State grant funds to the budget of the Library and Recreation
Department in the amount of $3,000 for equipment for conducting Healthy
Cities and Communities activities, and authorizing the Library and
Recreation Director to sign the funding agreement
SUBMITTED BY: Library and Recreation D;\\~~
REVIEWED BY: City Manage~~ ~\ (415ths Vote: Yes X No_>
The City was recently notified of the award of a $3,000 "Mini Grant" from California Healthy Cities
and Communities for the upgrade and enhancement of computer and computer related equipment
to facilitate the City's administration of two California Healthy Cities projects. This equipment will
be utilized to streamline communications with Healthy Cities administrators and other Healthy Cities
around the region and state, as well as to enhance publicity and promotions for current projects.
Item: / CJ
Meeting Date: 07113199
STAFF RECOMMENDATION: That City Council adopt the resolution:
1. Accepting the grant from California Healthy Cities and Communities; and
2. Appropriating $3,000 to the Library and Recreation Department budget for the purchase of
equipment; and
3. Authorizing the Library and Recreation Director to sign the funding agreement with
California Healthy Cities.
DISCUSSION: In December of 1998, California Healthy Cities and Communities notified cities
currently administering Healthy Cities projects that limited funding was available for technical
assistance "Mini Grants". This funding was provided to California Health Cities by the California
Department of Health Services. The City was successful in the application process, and was
awarded funding at a level of $3,000, the maximum allowable. Funding will be utilized to upgrade
computer equipment, establish E-Mail and Internet access, purchase a FAX/scanner/copier, and
a newsletter printer that will facilitate the City's continued administration of two Healthy Cities
projects, "Youth Taking' on Tobacco, and "Food for All".
FISCAL IMPACT: The California Healthy Cities and Communities has awarded the City a grant
for $3,000. The FY 99/00 budget for the Library and Recreation Department is amended,
appropriating $3,000 for the purchase of equipment. Upon receipt of a signed funding agreement
from the City, California Healthy Cities will release $3,000 to the City of Chula.
Attachment: "A" - Grant Agreement
"B" - Budget
[H:\HOME\PARKSREC\AI13\MINIGRNT - 06-08-99]
1
/t?-J
RESOLUTION NO. /'J5~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING A GRANT FROM CALIFORNIA
HEALTHY CITIES AND COMMUNITIES; AND AMENDING
THE FY 99/00 BUDGET BY APPROPRIATING
UNANTICIPATED STATE GRANT FUNDS TO THE BUDGET
OF THE LIBRARY AND RECREATION DEPARTMENT IN
THE AMOUNT OF $3,000 FOR EQUIPMENT FOR
CONDUCTING HEALTHY CITIES AND COMMUNITIES
ACTIVITIES, AND AUTHORIZING THE LIBRARY AND
RECREATION DIRECTOR TO SIGN THE FUNDING
AGREEMENT
WHEREAS, the City was recently notified of the award of
a $3,000 "Mini Grant" from California Healthy Cities and
Communities for the upgrade and enhancement of computer and
computer related equipment to facilitate the City's administration
of two California Healthy Cities projects; and
WHEREAS, this equipment will be utilized to streamline
communications with Healthy Cities administrators and other Healthy
Cities around the region and state, as well as to enhance publicity
and promotions for current projects.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby accept a grant in the amount of
$3,000 from California Healthy Cities and Communities.
BE IT FURTHER RESOLVED that the City Council does hereby
appropriate unanticipated State grant funds to the budget of the
Library and Recreation Department budget in the amount of $3,000
for the purchase of computer equipment as set forth in Attachment
B.
BE IT FURTHER RESOLVED
Director is hereby authorized to
California Healthy Cities.
that the Library and Recreation
sign the funding agreement with
Presented by
Approved as to form by
David Palmer, Director of
Library and Recreation
~,~~;~
Attorney
H:\home\attorney\reso\healthy.cty
/tfi -'.:2
GRANT AGREEMENT 663B-8807-G3665 BETWEEN
PUBLIC HEALTH INSTITUTE/
CALIFORNIA HEALTHY CITIES AND COMMUNITIES
AND CITY OF CHULA VISTA
The Public Heallh Institute is the recipient of Contract #96-26044 from the California Department of Heallh Services
for COIX1uct of the "California Heallhy Cities and Communities" (PHIICHCC) program for promotion and implementation
of heallh and preventive services in California communities. including acquiring technical assistance in conducting their
Heallhy Cities efforts. pm/CHCC and City of Chula Vista, 270 F Street, Chu1a Vista, CA 91910, (619) 691-5109,
FAX (619) 476-6144, hereinafter GRANTEE, EIN 95-6000690, agree as follows, effective on Ihe subscribed date:
PURPOSE OF GRANT: GRANTEE agrees to use the funds provided by this grant eXClusively for the purpose of
acquiring technical assistance services for use in conducting its 1998/99 Heallhy Cities and Communities activities as
set forlh in its 1998/99 Heallhy Cities and Communities application to pm/CHCC, which is included herein by
reference. Teclmical assistance services may include obtaining the personal service of consultants and student interns,
purchasing educational or promotional materials, obtaining professional design or marketing services, and similar
matters.
TERM: Funds W1der this grant sball be available for expenditure from October 31, 1998 through September 30, 1999.
PAYMENT: Upon receipt of a fulIy-executed grant agreement from GRANTEE, PHI/CHCC will release the full grant
award amount of $3,000.00. Expendiwres shall cooform wilh Attachment A (Scope of WorklBudget). GRANTEE may
modify the budget wilh prior written approval from pm/CHCC, but no such modification shall increase the total amount.
ACKNOWLEDGMENT: GRANTEE shall acknowledge as follows the support of the State of California whenever any
findings, data, or materials acquired under this grant are used in any publications: "This material is based upon work
supported by the State of California, Deparnnent of Heallh Services under Contract #96-26044. "
PROGRESS AND FISCAL REPORTING: GRANTEE shall provide interim progress reports as required by
PHI/CHCC and a final progress report on or before October 31, 1999. GRANTEE shall provide a fmal fiscal report
detailing its expenditures on or before October 31, 1999. GRANTEE shall promptly return the unexpended balance,
if any, of funds awarded under this grant agreement. Equipment and unused supplies can eilher be used by GRANTEE
for future Heallhy Cities and Communities activities funded by PHI/CHCC or returned to pm/CHCC.
AUDIT: GRANTEE agrees to maintain and preserve until September 30, 2002 and to permit PHI/CHCC and Ihe State
or any ofits duly aulhorized representatives to have access to and examine and audit, any pertinent books. documents,
papers, and records of GRANTEE.
~,.
~~
Signature
FOR GRANTEE:
VJ.~
Signature
Patricia W. Spear
Director. Granm & ContTac:t.1lI
Name/Title )
4 ,b~, ;r
NamelTitle
Date
Date
HC:_IIo\QU86-ne.uu....,
){)~;J
..... :j
, ,
?'.;.'-,:;J
...;....,
"'. "1
'.'1
..;;i
I
,
,
Attachment A (Scope of Work/Budget)
CIlY OF CHULA VISTA
I. ElECTRONIC COMMUNICATION
The City gf Chul8 Va i. in the pI'OCIIII of upgl edlng the CInW1t clty tecr.ltJlogy. The
City hea . networtt that C8n be UMd to gain -=-.to e-maU lInd the I,..". and I.
'MlI1dng to link III city employees wItt1lhil1 techn%gy. The City ia in the proc "I of
changing to MIcroeoft ofIIce a'ld MS Word. They In providing training in thef. n.w
epptlC8tb II for III emp/oyML The city repretlntllllve to ea/lfcrni, He~ Citie8 a'lCt
CCIlTlIl1Ur1itie does have ,-mail MCIlntemet IIdl/s to perform th.. MclIonl.
II. COMMUNITY-BUILOING ENHANCEMENT
Ootlan A
,
The City of Chul. VIsta Healthy CIII.. Prcject8 .... foeuHd on Improved health and
nutrition for all community membenI. To provide up to date infonnetion accee. to ._
mall end the Inwnet would allow the city repre..nlatl.... and community membln to
'Illy Ibrtut of CHCC chang... In adcIIIJon, It will be ~ to IUtlmlt reports, collect
data, to communicate with CHCC sta1'r' IIIld the staff of other CHCC Citl.. and
community m~.
The city fIPl6~ 1~l/v8 fer ChuJ. Vl8ta's ClIlbnia H..1thy eiti.. n:J Ccmmunltlee
(CHCC) fa the I-kJm., ServicaI Coordinator. CInW1tIy. the Coordln8lcr d08I not have
.-mail or Iril8l,1el ~J. or a ccmputerthat can support these Ic:tIvillel. In IdCIlticn,
this wcuId be .I0OI to help In\WIJ_ Ind NClJre addltJon./1\Jndlng such as Qrents. A
leading adIIantlIge of thil -.:wI i. to ,Bow for ",'N.; cJ I into other COIIlI1U.V1Itl.. .w:I
the problema ancIlCltItione thai have ..bled.them to obtain H..nhy CItIu and
Comnll.l'l/llee .1RIs. Th. requaet Ie for '1700,00 to support thla 8Ct/vity.
An impOl'lillr II 'Nrf to ccnmunlCllte wiftl com""",,!)' membe,.. and other city 8IIIlf ie
through the development IrId uee of ~I"" To produce a rlRIIelfar. the City
l1IqlJlIlltIS8BQ.OO to purchaH a printer thlll will produce a 11-x 14 Inch n8WlII_r.
The n8WIlalllr C8n be fal..r or more pagel In length IInd can include alCQtll Morl..
from the community and other import8nt InfonnaIlon Alglll'ding IhtI pro.iacll.
To Import Images ft'om ~ and .Imll.. _Nlnd place them ~ UI. at
the compuler, 1\InclI... raqueel8d to PU~1I1 . multipurpose .canner, copier, fax
machine. . Pro. phologl.,.A1. cculd b. ICIIVIed then P""nto nftII.....
)f)-'Y
"
bl'OChur8l, reporta or aent viii the In... let or e-mail. This mechlne C8n allo lIIIIQ
copies. The f1Ix lIIIIC:hlne would allaw for the Immediate delivery of herd copy items,
forma a"Id other type of documenta. The naqueet 'I for seso.OO to lupport this
tectJnology.
A mini grant rt $3000.00 ia r8qUMted to be uaed .. follows:
Penonal computer pc...J,,-I.
$1700.00
$550.0:1
S85Q.oo.
NlVA/eltei printer
FlXIbnrw/Copier
:TOTAL
~OI'
Th8nk you for your conlllMlltiwn.
.'j
/~3
ATTACHMENT "B"
BUDGET FOR HEALTHY CITIES AND COMMUNITIES $3,000 GRANT
LIBRARY AND RECREATION DEPARTMENT
LINE ITEM DESCRIPTION AMOUNT
18552 - 6883 FAX and Printer $1,500
18552 - 7401 Computer Equipment $1,500
Total $3,000
[H:\HOME\PARKSREC\A113\MINIGRNT - 06-08-99]
2
/tJ---b
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item / /
Meeting Date 07/13/99
Resolution J f ~ %warding Purchase Agreement for One Drain
Cleaning Truck through a cooperative purchase with the City of San
Diego
Director of Public Works P
Director of Finance L~
City Manage~' ~ \4/5thS Vote: Yes_ No-L)
SUBMITTED BY:
REVIEWED BY:
The FY 1999-00 Public Works Operations/Sewer Maintenance Budget provides for the
purchase of a drain cleaning truck. The City of Chula Vista Municipal Code Section
2.56.270 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in
cooperative bids with other government agencies for the purchase of materials of common
usage. The City, therefore, has the right to and is participating in a current City of San
Diego bid from Dion International Trucks, Inc.
RECOMMENDATION: That the City Council award Purchase Agreement for a drain
cleaning truck to Dion International Trucks, Inc.
BOARD/COMMISSION RECOMMENDATION: Not Applicable
DISCUSSION:
The FY1999-00 Public Works Operations/Sewer Maintenance budget provides for the
purchase of one drain cleaning truck. This truck will be used for high-volume, high-pressure
cleaning of the city's storm drains. Debris collects in these drains and must be removed to
prevent blockage of the pipes downstream from the inlet of the catch basin. This truck will
wash the debris free from the catch basins and vacuum it up for disposal. The unit can
handle fist-sized rocks and other large debris.
FISCAL IMPACT: The net total cost including taxes is $221,653.60. Sufficient funds are
available in the Pubic Works Operations/Sewer Maintenance budget ($228,560.00) for this
purchase.
/J- /
RESOLUTION NO.
/95':21
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AWARDING PURCHASE AGREEMENT FOR
ONE DRAIN CLEANING TRUCK THROUGH A COOPERATIVE
PURCHASE WITH THE CITY OF SAN DIEGO
WHEREAS,
Maintenance Budget
truck; and
the FY 1999-00 Public Works Operations/Sewer
provides for the purchase of a drain cleaning
WHEREAS, Chula Vista Municipal Code Section 2.56.270 and
Council Resolution No. 6132 authorize the Purchasing Agent to
participate in cooperative bids with other government agencies for
the purchase of materials of common usage; and
WHEREAS, the City is participating in a current City of
San Diego bid from Dion International Trucks, Inc. for the purchase
of one drain cleaning truck; and
WHEREAS, the net cost including taxes is $221,653.60 and
sufficient funds are available in the Public Works Operations/Sewer
Maintenance budget.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby award Purchase Agreement for one
drain cleaning truck through a cooperative purchase with the city
of San Diego to Dion International Trucks, Inc. in the amount of
$221,653.60.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
Kaheny,
Jo
H:\home\attorney\reso\drain,trk
/)/cZ
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item /:2.
Meeting Date 7/13/99
Resolution / 9 ~<ccePting bids and awarding contract for the
"Pavement Rehabilitation Program For Eastlake 1, Unit 21,
(Fieldstone Development) in the City of Chula Vista, CA
(STL245)" project
Director of Public Work~.A
City Manage~~ ~rJ
(4/5ths Vote: Yes_No_XJ
SUBMITTED BY:
REVIEWED BY:
At 2:00 p.m. on September 2, 1998 in Conference Rooms 2 and 3, the Director of Public
Works received sealed bids for the "Pavement Rehabilitation Program For Eastlake 1, Unit 21,
(Fieldstone Development) in the City of Chula Vista, CA (STL245)" project. The general
scope of the project involves the rehabilitation of five streets within Eastlake 1, Unit 21 of the
Fieldstone Development in the City of Chula Vista.
RECOMMENDATION: That Council approve the resolution accepting bids and awarding the
contract for the "Pavement Rehabilitation Program For Eastlake 1, Unit 21, (Fieldstone
Development) in the City of Chula Vista, CA (STL245)" project to SRM Contracting &
Paving, San Diego, in the amount of $136,875.00.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
This project is being funded through a settlement agreement reached between the City of Chula
Vista and Fieldstone Development. There are five streets within this development to be
rehabilitated. These streets consist of three cul-de-sacs: Crosscreek Road, Coldbrook Court,
and Willowbrook Court; and two through streets: Creekwood Way and Meadowbrook Lane.
Four of the five streets (Crosscreek Road, Coldbrook Court, Meadowbrook Lane and
Willowbrook Court) will require a complete reconstruction of the pavement section. The
remaining street, Creekwood way, will only require a one and half (11/ 2)-inch asphalt concrete
overlay.
These streets were constructed in the spring and summer of 1988. A few years later, in 1994,
City staff observed that the pavement had failed substantially, evidenced by the cracking of the
pavement in the streets within this subdivision. Subsequent investigations by City retained
consultants revealed that the pavement material might have been contaminated resulting in
early hardening of the asphalt and subsequent shrinkage. This, they believed, ultimately led to
the cracking of the pavement, infiltration of runoff into the underlying subgrade, saturation of
the subgrade and failure of the pavement section.
/~-/
Page 2, Item 1,'.:..
Meeting Date 7/13/99
The project as proposed, would utilize the existing pavement in the reconstruction of the
streets. This involves removing the existing asphalt concrete and the underlying processed
miscellaneous base material, recycling the material on-site, placing geotextile fabric on the re-
compacted subgrade and re-placing the recycled mix as base material. New asphalt concrete
material would be placed over the recycled base material to complete the new pavement
section. This process, utilizing the existing pavement material, economically achieves the
project objectives. Also, the proposed pavement sections, which are slightly thicker than the
existing sections will ensure that the streets are adequately rehabilitated.
The project was advertised for a period of four weeks and bids were received as follows:
CONTRACTORS BID AMOUNT
1 SRM Contracting & Paving, San Diego $136,875.00
2 Sim J. Harris Company, San Diego $144,987.00
3 ABC Construction Co., Inc., San Diego $178,203.00
.
4 Frank & Son Paving, Inc., Chula Vista $182,435.00
The low bid for this project by SRM Contracting & Paving, San Diego, is below the
Engineer's estimate of $202,500.00 by $65,625.00 or 32%. The Engineer's estimate was
based on bids received for similar projects by the City and by other Agencies. Compared to
the bids received by other Agencies for similar projects, Staff received excellent bids for this
project.
The specifications required that all contractors have relevant experience in constructing a
project of similar size and complexity. We have contacted the references provided by SRM
Contracting & Paving, San Diego, and determined that they have relevant experience
necessary to complete the various aspects of the project as defined in the specification. In
addition, we have verified their license and determined that it is in good standing. We
therefore recommend that the contract for the "Pavement Rehabilitation Program For Eastiake
1, Unit 21, (Fieldstone Development) in the City of Chula Vista, CA (STL245)" project be
awarded to SRM Contracting & Paving, San Diego.
Prevailing Wage Statement
This project is being funded through a settlement agreement reached between the City of Chula
Vista and Fieldstone Development. Based on the current project funding guidelines, no
prevailing wage requirements were necessary as part of the bid documents.
).;2 ~ :2.
Page 3, Item 12.
Meeting Date 7/13/99
Environmental Status
The City's Environmental Coordinator has reviewed the work involved in this project and
determined that the project is exempt under Section 15301(b), Class 1 of tlte California
Environmental Quality Act (CEQA).
Disclosure Statement
A copy of the contractor's Disclosure Statement is attached.
FISCAL IMPACT:
Financial Statement
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount $136,875.00
B. Contingencies $83,965.00
C. Material Testing $10,000.00
D. Staff Cost (Design, Traffic, Surveying and Inspections) $22,000.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $252,840.00
FUNDS AVAILABLE FOR CONSTRUCTION
A. 253-2530-STL245 Project Funds $252,840.00
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $252,840.00
This project is being funded through an agreement reached between the City and Fieldstone
Development. The project will utilize most of tlte budgeted funds in tlte construction of tlte
street, any remaining balance will be deposited in tlte accounts for pavement maintenance and
will be utilized at a later date in any necessary maintenance of the streets. The action
requested tonight would allow staff to expend tltese funds for tlte construction work. Upon
completion of tlte project, only routine City maintenance (mainly street sweeping) will be
required, in tlte future.
Attachment;
Exhibit A - Contractor's Disclosure Statement
(0735-1O-STL245)
07/02/99 lOA6 AM
H,\HOME\ENGINEER\AGENDA \STL245 .AC
).2-3
RESOLUTION NO. ) 9-0._~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR THE "PAVEMENT REHABILITATION
PROGRAM FOR EASTLAKE 1, UNIT 21, (FIELDSTONE
DEVELOPMENT) IN THE CITY OF CHULA VISTA, CA.
(STL245)" PROJECT
WHEREAS, at 2:00 p.m. on September 2, 1998 in Conference
Rooms 2 and 3, the Director of Public Works received the following
four sealed bids for the "Pavement Rehabilitation Program For
Eastlake 1, Unit 21, (Fieldstone Development) in the City of Chula
Vista, CA (STL245)" project:
CONTRACTORS BID AMOUNT
1 SRM Contract1ng & Pav1ng, San D1ego $136,875.00
2 S1m J. Harr1s Company, San D1ego $144,987.00
3 ABC Construct1on Co., Inc. , San D1ego $178,203.00
4 Frank & Son Pav1ng, Inc. , Chula V1sta :;>182,435.00
WHEREAS, the low bid for this project by SRM Contracting
& Paving, San Diego, is below the Engineer's estimate of
$202,500.00 by $65,625.00 or 32%; and
WHEREAS, the Engineer's estimate was based on bids
received for similar projects by the City and by other Agencies and
compared to the bids received by other Agencies for similar
projects, staff received excellent bids for this project; and
WHEREAS, the specifications required that all contractors
have relevant experience in constructing a project of similar size
and complexity and after contacting the references provided by SRM
Contracting & Paving, San Diego, staff determined that they have
relevant experience necessary to complete the various aspects of
the project as defined in the specification; and
WHEREAS, this project is being funded through a
settlement agreement reached between the City of Chula Vista and
Fieldstone Development and based on the current project funding
guidelines, no prevailing wage requirements were necessary as part
of the bid documents; and
1
/02- i
WHEREAS, The city's Environmental Coordinator has
reviewed the work involved in this project and determined that the
project is exempt under Section 15301(b), Class 1 of the California
Environmental Quality Act (CEQA).
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby accept bids and award the contract
for the "Pavement Rehabilitation Program for Eastlake 1, Unit 21
(Fieldstone Development) in the City of Chula Vista, Ca. (STL245)"
project to SRM Contracting & Paving, San Diego, in the amount of
$136,875.00.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized to execute said contract on behalf
of the City of Chula Vista.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
,'7 '/./
~~ UYV~
John . Kaheny, City Attorney
H:\home\attorney\reso\pavement.bid
2
/;J. -:-~
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT EXHIBIT--!!.....
You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions, on
all matters which will require discretionary action on the pan of the City Council, Planning Commission, and all other official bodies.
The following information must be disclosed:
I. List the names of all persons having a financial interest in the property which is the subject of the application or the Contract,
e.g., owner, applicant, Contractor, subcontractor, material supplier.
iJ) ~
2. If any person. identified pursuant to (1) above is a corporation or Partnership, list the names of all individuals owning more
than 10% of the shares in the corporation or owning any partnership interest in the partnership.
NIp.
3. If any person. identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as
director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
flip<
4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions,
Committees, and Council within the past twelve month? Yes _ No.::i. If yes, please indicate person(s):
5. Please identify each and every person. including any agents, employees, consultants, or independent Contractors who you have
assigned to represent you before the City in this matter.
N/{t
6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Council member in the current
or preceding election period? Yes _ No:t- If yes, state which Council members(s):
· · · (NOTE: Attach
Date: ~.~~<;
l\J't>.Ai\r-f UnP elL
Print or type name of Contractorl Applicant
· fm!lll is tkjiMd as: "Any individuDJ, firm, cq.{JIll'tMrship, jow venture, association, social club, fraterlllll organization, corporation, estate, trust,
receiver, syndicate, this and any other county, city or country, city municipality, district, or other political subdivision, or any other group or
combinDtion acting as a unit.
15
);2 - ~
COUNCIL AGENDA STATEMENT
Item / 3
Meeting Date 7/13/99
ITEM TITLE: Report on the Application for the formation of Community Facilities District
No. 99-1 (Otay Ranch SPA One - Portions of Villages One & Five and
Village One West)
/J. Resolution I '1..9. ~Approving the initiation of proceedings to consider the
formation of Community Facilities District No. 99-1 (Otay Ranch SPA One _
Portions of Villages One & Five and Village One West)
JS Resolution) 9>> lApproving a Reimbursement Agreement with Otay
Project LP associated with the formation of Community Facilities District
No. 99-1 (Otay Ranch SPA One - Portions of Villages One & Five and
Village One West) and authorizing the Mayor to execute said agreement.
C ,Resolution / 9f..z~~ing the consultant selection process as impractical
and approving agreements with Bruce W. Hull & Associates to provide
Appraisal Services and with The Meyers Group to prepare a Market
Absorption Study associated with Community Facilities District No. 99-1
(Otay Ranch SPA One - Portions of Villages One & Five and Village One
West) and authorizing the Mayor to execute said agreements.
SUBMITTED BY: Director of Public Work~
REVIEWED BY: CitYManag~i~ (4/SthsVote: Yes_NoX)
In compliance with Council Policy, Otay Project LP has submitted an Application for establishing
Community Facilities District No. 99-1 ("CFD 99-1") to fund the construction of certain
improvements serving the Otay Ranch SPA One properties in the amount of approximately $38.9
million. This amount may change as a result of detailed analyses to be performed during district
formation. Staff has reviewed the Application and determined that the financial information
provided is preliminary and general in nature and that a complete analysis on the financial feasibility
ofthe project can not be made at this time. Staff believes that adequate information and analysis
will be generated during district formation for evaluating the developer's financial ability to bring
the project to completion in compliance with City's criteria. Therefore, staff is recommending that
Council accept the report and initiate the formal proceedings for the proposed CFD.
Tonight, Council will also consider retaining Bruce W. Hull for appraisal services and The Meyers
Group for preparing a market absorption study for CFD 99-1. The companion Reimbursement
Agreement requires the developer to advance funds to the City for the payment of all initial
consulting and administration costs and expenses related to the formation of CFD 99-1.
J3~/
Page 2, Item /.3
Meeting Date 7/13/99
RECOMMENDATION: It is recommended that Council: I) Accept the report on the Application
for the formation of CFD No. 99-1; 2) Adopt the resolution initiating proceedings for the formation
of CFD No 99-1; 3) Adopt the resolution approving the reimbursement agreement with the Otay
Project LP; and 4) Adopt the resolution waiving the consultant selection process as impractical and
approving agreements with Bruce W. Hull & Associates and The Meyers Group.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On April 20, 1999, City and Otay Project LP ("Otay") entered into an agreement entitled
"Agreement for Financing and Construction of Olympic Parkway and Related Roadways
Improvements" pursuant to which Otay has agreed to undertake the design and construction of
certain improvements identified as Phases I & 2 of Olympic Parkway and Paseo Ranchero
improvements. This agreement further provides that Otay will submit an application requesting that
the City initiate proceedings for the formation of a Mello-Roos Community Facilities District to
finance Otay's share of the cost of constructing those improvements.
The "Mello-Roos Act" allows for the creation of Community Facilities Districts and the issuance
of bonds to provide for financing the construction and/or acquisition of public facilities needed for
the development. In addition, a CFD may also finance a broad range of services, including fire,
flood control maintenance, landscaping, library, open-space facilities, parks, parkways, recreational
services and school facilities maintenance. Any public facilities which the City may own, operate
or contribute money to, and which have a useful life of five or more years, are eligible to be
financed through a CFD. Debt services on the bonds are met through the imposition of a Special
Tax (explicitly not ad valorem) on properties solely within the CFD. The special tax is collected with
the property taxes. There is no direct cost to the City. All expenses related to the district
administration (including levying and collecting the special taxes) are funded by the district. The
ultimate security behind the bonds would be the properties located within the district, not the City's
General Fund or its ability to tax property within its jurisdiction.
On January 19, 1999, Council approved an agreement with McGill Martin Self, Inc. for Project
Management, Financing, and Plan Review services for Olympic Parkway. This agreement included
providing Special Tax Consultant services for the proposed CFD 99-1. Later, on March 16, 1999,
Council approved agreements with Brown, Diven, Hessell & Brewer (Bond Counsel), Stone &
Youngberg LLC (Underwriters), and Fieldman, Rolapp, & Associates (Financial Advisor) to provide
services related to infrastructure financing within the Otay Ranch.
Tonight's agenda includes retaining the appraiser and the market absorption specialist. This will
complete the financing team required to form CFD 99-1. The schedule for the district anticipates
a bond issuance in September 1999, thereby making a standard consultant selection process
impractical. Bruce Hull is already working on the formation of CFD No. 97-3 within the Otay
Ranch McMillin project. The Meyers Group has prepared the market absorption studies for CFD
/3--,2
rJ<'
Page 3, Item' ::).
Meeting Date 7/13/99
97-3 and AD 97-2 within the Otay Ranch SPA One. Staff recommends that Council waive the
consultant selection process for the following reasons:
. The project has a compressed schedule and the learning curve will be fairly steep. Both
consultants have recently worked on creating a community facility district (CFD 97-3) within
the Otay Ranch and this working knowledge will allow this project to proceed rapidly. For
the Meyer's Group the working knowledge consists of the development phasing schedule of
the project, (Consultant has recently completed Assessment District 97-2 with the same
developer). The appraiser has recently completed an appraisal on the McMillin Otay Ranch
and is familiar with the City's CFD Policies. Both consultants have worked with the City's
Underwriter and are familiar with the level of detail expected by the underwriter and have
proven that they can deliver high quality in an expedited schedule.
. The standard consultant selection process is impractical due to the time constraints of the
project. The bond issuance for the CFD is projected to occur in September of 1999,
requiring both consultants to have completed their work in August 1999. The consultant
selection process would consume time that would be better used in analyzing the issues of
the proposed Community Facilities District resulting in the City's interests being materially
better served.
The appraiser's fee is $50,000; however, the resolution approving the agreement also authorizes an
additional $10,000 worth of services to be approved by the Purchasing Agent, should that need be
determined by the City Engineer. The project may not require additional services; however, given
the tight project schedule, staff believes it is prudent to have this reserve. The market absorption
consultant's fee is $17,000. A $3,000 reserve has been built into the resolution approving the market
absorption consultant's agreement for the same reasons given above. The fees proposed by the
consultants are comparable to those charged for existing financing districts and will have no direct
impact on the General Fund or the City, but will be funded by the developer and/or property owners
in proportion to the relative benefits received from the improvements being financed. The
agreements are substantially in the form of the City's standard two-party agreement. They have been
reviewed and approved by the City Attorney as to form.
Procedure for formation of Communitv Facilities District No 99-1
Following are the key actions that Council would take during the proceedings for CFD No. 99-1 and
their anticipated schedule:
1. Approval of the report on the Application and initiation of proceedings for formation of the
proposed CFD. These actions are the subject of this agenda item.
2. Approval of Resolution of Intention (ROl) to establish the CFD on July 13, 1999.
3. Public Hearing, voter's election, and levy ofthe special taxes on August 17, 1999.
/ J-- 3
Page 4, Item /3
Meeting Date 7/13/99
4. Bond Sale during September 1999.
Description of the DroDosed CFD No. 99-1
Exhibit 1 presents the boundaries of the proposed CFD which includes parcels located within Village
One, Five and One West. At buildout, the district would contain a total of 3,042 Single Family
Residences, 1,352 Multifamily Residences, 8.1 Acres of commercial and 10.7 Acres for Community
Purpose Facilities (churches, day care, etc.).
It should be noted that the City has already formed Assessment District No. 97-2 ("AD 97-2") over
the properties in Village One. AD 97-2 is financing the acquisition of backbone infrastructure
serving SPA One (i.e., Paseo Ranchero Phase 1, a portion of East Palomar Street within Village One,
Monarche Drive). The assessments levied by AD 97-2 appears to be below the "2% maximum tax"
criteria established by Council Policy. CFD 99-1 proposes to use the remaining debt capacity to
finance additional public infrastructure. Several houses have been already sold in Neighborhoods
R2, R3, and R4 of Village One. Those areas have been excluded from CFD 99-1.
No public financing district has been formed by the City over Villages Five and One West. Several
parcels in Villages Five and One West not currently owned by the developer havealso been excluded
from CFD 99-1. It is anticipated that these parcels may be annexed to CFD 99-1 in the future.
The developer is proposing CFD financing of the following improvements:
*
*
*
*
*
*
*
Olympic Parkway Phases I and 2
Paseo Ranchero Phase 2
East Palomar within Village One West
East Palomar within Village Five
Slope Landscaping
Public Facilities Development Impact Fees
Pedestrian Bridges Development Impact Fees
The construction cost of these improvements is estimated at $68.7 million, of which only $31.1
million would be financed by CFD 99-1.
The developer is proposing a bond sale of $38.9 million. Based on the actual interest rate and final
value to lien ratio the bond sale amount could be increased substantially. As mentioned above, based
on a $38.9 million bond sale, $31.1 million will fund the construction of the proposed backbone
facilities. The remaining $7.8 million will fund a reserve fund, and provide for capitalized interests
and bond issuance costs.
Report on the Application for CFD. No. 99-1
In a previous action, Council adopted "The City OfChula Vista Statement Of Goals And Policies
Regarding The Establishment Of Community Facilities Districts" ("CFD Policy"). The CFD Policy
)J--1
I,','
Page 5, Item I::>
Meeting Date 7/13/99
provides guidelines for the use of CFDs for financing the construction or acquisition of public
infrastructure or the provision of authorized public services to benefit and serve existing or new
development in the City. Prior to Council initiating any formal proceedings for formation of the
CFD, the developer is required to submit an "Application", which would include all the necessary
information (business plan, percent of ownership requesting the CFD, etc.) demonstrating the
applicant's financial ability to carry the project. The Application shall be reviewed by a committee
composed of the City Manager, City Attorney, Director of Public Works, City Engineer, Planning
Director, Finance Director and such additional persons as the City Manager deems necessary.
Otay submitted a Preliminary Proposal on March 16, 1999 (See Exhibit 2). Staff, consultants, and
developer met several times to discuss the Proposal, clarity the intent of the Council policy,
determine the format of the Application, and identity the required financial information. The
Application was submitted on May 5, 1999 (See Exhibit 3). The Review Committee met on May
18, 1999 to review the content of the Application and determine the applicant's financial ability to
successfully construct the project and pay the special taxes during buildout. The committee has
concluded that 1) the information provided is preliminary and general in nature, 2) the developer's
business plan, although aggressive, appears to be consistent with the current conditions ofthe real
estate market, and 3) compliance with Council policy can not be confirmed until various documents
such as appraisal, market absorption study, Special Tax Report, and Preliminary Official Statement
are complete. These documents will be prepared during the district proceedings and brought to
Council consideration prior to bond sale. The report with findings and recommendation on the
Application is presented in Exhibit 4.
In essence, the Review Committee recommends that Council approve proceeding with the formation
of the Community Facilities District. Extensive due diligence will be required as the district
proceeds to ensure compliance with Council policy.
Discussion of Key Policy Issues
During the proceedings, several analyses will be performed to ensure that the proposed CFD
conforms to the requirements of the Mello-Roos Act and Council Policy. Following is a brief
discussion on how some key policy issues will be addressed during the proceedings:
I. Proposed Improvements: Improvements to be financed are backbone streets and associated
improvements (i.e., sewer, potable water, reclaimed water, landscaping, dry utilities)
providing local or regional benefit. Staff believes that all these improvements meet the
requirements of the CFD Policy.
The developer is also requesting the financing offacilities included in the Public Facilities
DIF (in the amount of $8.1 million) and Pedestrian Bridges DIF (in the amount of $1.3
million) programs.
/3/5
Page 6, Item /..:3
Meeting Date 7/13/99
A final recommendation on the improvements to be financed by the proposed CFD will be
brought later to Council in cOtUunction with the AcquisitionlFinancing Agreement.
2. Value to Lien Ratio: Council policy requires a minimum 4:1 value-to-lien ratio. A ratio of
less than 4:1, but equal to or greater than 3:1, may be approved, in the sole discretion of
Council, when it is determined that a ratio of less than 4: 1 is financially prudent under the
circumstances of a particular CFD.
The appraisal and lien ratio analysis would be available for Council consideration prior to
bond sale, which is plarmed for September 1999. If the final analysis shows parcels which
fail to meet the 4: 1 ratio, the developer would be required to either provide cash or letters of
credit to maintain the lien ratio within the City criteria, the principal amount of the bonds to
be issued for CFD 99-1 will be reduced to comply with City policy or provide sufficient
information to convince Council that a lesser lien ratio is prudent.
3. Maximum Tax: Council Policy establishes that the maximum armual CFD special taxes
applicable to any newly developed residential property shall be no more than 1 % of the sale
price of the house. In addition, the aggregate of all armual taxes and assessments is limited
to 2% of the sale price of the house.
A preliminary calculation of the maximum tax, using estimated house prices, will be
available for Council consideration at the Public Hearing. A final test will be performed at
escrow closing using the actual sale price of the house. Council Policy requires that at or
prior to each closing of escrow, the escrow company shall apply a "calculation formula"
previously approved by the City Engineer to determine the aggregate of regular County
taxes, Mello-Roos taxes, and assessment installments. If the 2% limit is exceeded, the
developer would be required to provide cash to buy down the lien to an amount sufficient to
meet the 2% tax ceiling. Compliance with this procedure would ensure that the aggregate
tax to be paid by the purchaser of the house meets the City's criteria.
Finally, it should be mentioned that the use of CFDs for public financing, like many other financial
decisions, involves a calculated risk and nothing can completely insulate the City from the
possibility of future problems. Future owners of the property may express displeasure with paying
the special tax, a downturn in the real estate market may cause delinquencies. Indeed, even the
master developer may become delinquent when the project is no longer economically feasible.
Nevertheless, staff believes that strict adherence to the CFD Policy together with extensive scrutiny
by the financing team would minimize the occurrence and consequences of any potential problems.
JJ-f
r;;
Page 7, Item'..J
Meeting Date 7/13/99
FISCAL IMPACT: The developer will pay all costs and has deposited money to fimd initial
consultant and City staff costs in accordance with the proposed Reimbursement Agreement. Such
monies are eligible for reimbursement upon a successful sale of bonds. The City will receive tlte
benefit oftlte full cost recovery for City staff (estimated at $40,000).
Exhibits:
1.
2.
3.
4.
Benefit Area
Preliminary Proposal
Application
Review Committee Report
H:\HOMEIENGINEERILANDDEV\OT A YRNCH\ORI47D. WPD
July I, 1999 (IO:47am)
/-?~ 7
RESOLUTION NO.
) 95::2 it
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, APPROVING THE INITIATION OF PROCEEDINGS TO
CONSIDER THE FORMATION OF A COMMUNITY FACILITIES DISTRICT
FOR VILLAGE ONE (PHASES 18, 28, 4 AND 7), VILLAGE ONE WEST AND
VILLAGE FIVE
WHEREAS, the CITY OF CHULA VISTA, CALIFORNIA, has been presented with
and has received an application from Otay Project, LLC (the "Applicant"), requesting that
this City Council initiate proceedings pursuant to the Mello-Roos Community Facilities Act of
1982, as amended (Government Code Section 53311 and following)(the "Act") to form a
community facilities district preliminarily designated as Community Facilities District No.
99-1 (the "District") for the purpose of financing all or a portion of the cost of the acquisition
or construction of certain public facilities; and
WHEREAS, such application was, as required by the City of Chula Vista Statement
of Goals and Policies Regarding the Establishment of Community Facilities District (the"
Goals and Policies") previously adopted by this City Council, reviewed by the community
facilities district application review committee (the "Review Committee") designated in such
Goals and Policies; and
WHEREAS, based upon such review and pursuant to the Goals and Policies, the
City Manager has recommended that this City Council accept the report of the Review
Committee and authorize the initiation of proceedings to consider the formation of the
District subject to subsequent compliance of the proposed District with the Goals and
Policies, including without limitation, the financial feasibility of the proposed District and the
development of the property within the District.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. This City Council hereby accepts the Review Committee report.
SECTION 3. This City Council hereby authorizes the initiation of proceedings to
consider the formation of the District as requested by the Applicant subject to all
requirements of the Act and the Goals and Policies. The decision of this City Council to form the
District is an exercise of the legislative authority of this City Council. The adoption of this Resolution
does not, therefore, obligate this City Council to exercise its legislative discretion in a particular
manner. This Resolution does not in any way create a contractual, legal or equitable obligation of or
commitment by this City Council to approve the formation of the District. This City Council expressly
reserves the right to abandon the proceedings to consider the formation of the District for any reason at
any time prior to the completion thereof.
SECTION 4. This Resolution shall become effective upon its adoption.
/3d-- )
Presented by
Approved as to form by
~~~
John Kaheny
City Attorney
John P. Lippitt
Public Works Director
J:J/J ~ c2
RESOLUTION NO.
J7'D?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, APPROVING THE FORM OF A REIMBURSEMENT AGREEMENT
BY AND BETWEEN THE CITY OF CHULA VISTA AND THE OTA Y RANCH
COMPANY PERTAINING TO COMMUNITY FACILITIES DISTRICT NO. 99-1
WHEREAS, the CITY OF CHULA VISTA, CALIFORNIA (the "City"), previously entered
into an Agreement for Financing and Construction of Olympic Parkway and Related Roadway
Improvements dated as of April 20, 1999 (the" Olympic Parkway Agreement") among the City,
McMillin Otay Ranch, LLC, and Otay Project LLC (the "Otay") to provide for the design, construction
and financing of the Olympic Parkway Improvement (as such term is defined in the Olympic Parkway
Agreement); and
WHEREAS, as an integral part of the Olympic Parkway Agreement, Otay agreed to submit an
application for the formation of a community facilities district and to take all actions necessary to
process such application for the establishment of such community facilities district and to authorize the
levy of special taxes and the incurring of irtdebtedness to secure Otay's share of the cost of Phase 1 and
Phase 2 Olympic Parkway Improvements (as defined in the Olympic Parkway Agreement); and
WHEREAS, Otay is further obligated pursuant to the Olympic Parkway Agreement to enter
into a reimbursement agreement (" Reimbursement Agreement") pursuant to which Otay agrees to
advance funds to the City for the payment of all initial consulting and administration costs and expenses
related to the proceedings to consider the formation of the community facilities district and to
subsequently authorize, issue and sell bonds for the community facilities district; and
WHEREAS, the form of such Reimbursement Agreement has been presented to this City
Council for its consideration.
NOW, THEREFORE, IT IS HEREBY RESOLVED:
SECTION 1. The above recitals are all true and correct.
SECTION 2. The form of Reimbursement Agreement, herewith submitted, is approved
substantially in the form submitted. The Mayor is hereby authorized to execute the final form of such
agreement on behalf of the City. The City Manager, subject to the review of the City Attorney and
Bond Counsel, is authorized to approve changes in such agreement deemed to be in the best interests of
the City, approval of such changes to be evidenced by the execution of such agreement.
PREPARED BY:
APPROVED AS TO FORM BY:
John P. Lippitt
Director of Public Works
~~~
John Kaheny
City Attorney
)38-/
THIS PAGE BL~1(
) :J J3 .-- c2
COMMUNITY FACILITIES DISTRICT No. 99-1
REIMBURSEMENT AGREEMENT
THIS AGREEMENT is made and entered into this _ day of , 1999, by and between the CITY
OF CHULA VISTA, a municipal corporation (hereinafter referred to as "City"), and OTAY PROJECT LLC, a
California limited liability company (hereinafter referred to as "Otay").
RECITALS
A. City and Otay have entered into that certain agreement entitled "Agreement For Financing and
Construction of Olympic Parkway and Related Roadway Improvements" dated as of April 20, 1999 (the
"Financing and Construction Agreement") pursuant to which Otay has agreed to undertake the design,
engineering and construction of certain improvements identified therein as the Phase I Olympic Parkway
Improvement, the Phase 2 Olympic Parkway Improvement (excluding the McMillin's Olympic Parkway
Improvement as identified therein) and the Paseo Ranchero Improvement. The Financing and Construction
Agreement further provides that Otay will submit an application to City requesting that the City initiate
proceedings under the provisions of the "Mello-Roos Community Facilities Act of 1982," as amended,
(Government Code Section 53311 and following), to form a community facilities district to finance Otay's
share of the cost of the construction of the Phase I and Phase 2 Olympic Parkway Improvements.
B. In the Financing and Construction Agreement, Otay agreed to advance funds to the City for the payment
of all initial consulting and administration costs and expenses related to the proceedings to consider the
formation of the Community Facilities District and to subsequently authorize, issue and sell bonds for the
Community Facilities District (the "Proceedings"). Such monies shall be subject to reimbursement or credit
pursuant to the provisions of this Agreement upon the successful sale of bonds for the Community Facilities
District and the receipt by the City of the proceeds of such bonds.
C. Otay has submitted an application to City for the formation of Community Facilities District No. 99-1
("CFD No. 99-1") to finance the construction or acquisition of Phase I and Phase 2 Olympic Parkway
improvements and other public improvements serving the Otay Ranch SPA One properties.
D. The parties hereto wish to enter into an Agreement to memorialize the terms and conditions pursuant to
which Otay shall advance monies and the monies so advanced may. subject to certain conditions contained
herein, be reimbursed or credited against future special tax obligations.
AGREEMENT
The parties hereto, for mutual consideration, agree as follows:
SECTION I. Advances. Otay shall advance monies to the City in such amounts and at such times as specified
below to pay all costs and expenses incurred by the City in undertaking the Proceedings, including without
limitation, the following:
A. Special Tax Consultant services;
1
J:JE-s
-----
B. Bond counsel services;
C. Financial advisory services;
D. Appraisal and market absorption services; and
E. City staff and City Attorney time.
All such costs and expenses are collectively referred to as the "Formation and Issuance Costs."
Advances shall be made to the City pursuant to the following schedule:
A. Otay shall advance the amount of $175.000, receipt of which is hereby acknowledged by the City.
B. If monies in addition to the initial advance are necessary to pay for the Formation and Issuance
Costs, the City shall as necessary and from time to time make written demand upon Otay and Otay
shall immediately thereafter, within five (5) working days, deposit said monies with the City to pay
for the balance of the Formation and Issuance Costs. If such additional monies are not timely
received, all Proceedings shall be suspended until such monies are received.
SECTION 2. Records. The City agrees to keep records consistent with its regular accounting practices of the
amount of monies advanced and the expenditure of such monies. Additionally, the City shall enter into and maintain
contracts with all consultants which shall specify the scope of services and compensation to be paid to all such
consultants. Such records and contracts shall be available for review by the Otay during normal business hours
upon reasonable notice to the City.
SECTION 3. Reimbursement. If CFD No. 99-1 is formed, Otay may elect among the following options for
the reimbursement of monies advanced pursuant to this Agreement:
A. All monies advanced shall be reimbursed in cash solely from bond proceeds;
B. All monies advanced shall be applied as a credit upon the special taxes to be levied against
properties then owned by the Otay; or
C. A combination of the above.
If the Proceedings to form CFD No. 99-1 are not completed and are abandoned for any reason ai any time
prior to the successful sale of bonds or CFD No. 99-1 is unable for any reason to issue or sell the bonds, there will
be no obligation on the part of the City or CFD No. 99-1 to reimburse Otay for any monies previously advanced
pursuant to this Agreement; provided, however, the City does agree to return to Otay any monies previously
advanced which remain on deposit with the City and which the City determines are in excess of the amount
necessary to pay for any outstanding Formation and Issuance Costs previously incurred by the City.
SECTION 4. Ownership of Documents. All plans, specifications, reports, appraisals and other documentation
as prepared as a part of the Proceedings shall become the property of the City, regardless as to whether the CFD
No. 99-1 is actually formed.
2
/ -~f]-f
SECTION 5. No Obligation to Form CFD No. 99-1. Otay acknowledges that the decision of the City Council
to form the CPD No. 99-1 is an exercise of the legislative authority of the City Council and that the City may not
enter into a contract to obligate the City Council to exercise its legislative discretion in a particular manner. This
Agreement does not, therefore, in any way create a contractual, legal or equitable obligation of or commitment by
the City to approve the formation of CPD No. 99-1. The City expressly reserves the right to abandon the
Proceedings for any reason at any time prior to the completion thereof. Should Otay desire to abandon the
Proceedings. Otay shall provide written notification of such desire to the City and request the City to immediately
terminate all consulting agreements and use all efforts to minimize any and all Formation and Issuance Costs.
SECTION 6. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall
be deemed an original, but all of which together shall constitute one and the same instrument.
SECTION 7. Arbitration. Any controversy arising out of this Agreement or its breach shall be settled by
arbitration if, prior to the commencement of any legal proceeding arising out of this Agreement or its breach, either
party demands by written notice that such controversy be arbitrated. After such demand, and within ten (10) days
from such demand, the parties shall attempt to designate a mutually acceptable individual to arbitrate the
controversy. If within the ten (10) day period the parties are unable to designate an individual, the controversy
shall be arbitrated under the rules of the American Arbitration Association, and judgment on the award rendered
by the arbitrator chosen by the parties or used pursuant to the rules of the American Arbitration Association may
be entered in any court having jurisdiction and shall be fully binding on the parties.
SECTION 8. Authority to Execute Agreement. The City and the Otay represent that the individuals signing
this Agreement have full right and authority to bind their respective parties to this Agreement.
SECTION 9 Best Efforts. The parties promise to use their best efforts to satisfy all conditions to this Agreement
and to take all further steps and execute all further documents reasonably necessary to put this Agreement into
effect.
SECTION 10. Successor and Assigns. This Agreement shall be binding on and inure to the benefit of the
respective parties and their respective heirs, legal representatives, successors and assigns. Otay may not assign its
rights or obligations hereunder except upon written notice to City within ten (10) days of the date of such
assignment indicating the name and address of the assignee. Upon such notice and the assumption by the assignee
in writing delivered to the City of the rights, duties and obligations of the Otay arising under or from this
Agreement, Otay shall be released for all future duties or obligations arising under or from this Agreement.
SECTION 11. Singular and Plural; Gender. Whenever used herein, the singular number shall include the plural,
the plural number shall include the singular, and the masculine feminine or neuter gender shall include the others
whenever the context of the Agreement so indicates.
SECTION 12. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto with
respect to the subject matter hereof. This Agreement may not be altered, modified or amended except by an
instrument in writing executed by all of the parties.
SECTION 13. Governing Law. This Agreement has been executed in and shall be governed by the laws of the
State of California.
3
/3/J -S
SECTION 14. Construction. This Agreement shall be construed as a whole and in accordance with its fair
meaning. Captions and organizations are for convenience and shall not be used in construing meaning.
SECTION 15. Severability. If any term, covenant, condition or provision of this Agreement is held by a court
of competent jurisdiction to be invalid, void or unenforceable the remainder of the provision thereof shall remain
in full force and effect and shall in no way be affected, impaired or invalidated thereby.
SECTION 16. Notices. All notices and demands shall be given in writing by personal delivery or first-class mail,
postage prepaid. Notices shall be addressed as appears below for the respective party; provided that, if any party
gives notice of a change of name of address, notices to the giver of that notice shall thereafter be given as
demanded in that notice. Notices shall be deemed received seventy-two (72) hours after deposit in the United States
mail.
CITY:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Attention: City Manager
OTAY:
OT A Y PROJECT LLC
350 W. Ash Street, Suite 730
San Diego, CA 9210 I
Attention: Kent Aden
South Bay Project, LLC
191 W. Wilbur Road, Suite 102
Thousand Oaks, CA 91360
Attention: David Green
SECTION 17. Time of the Essence. Time is of the essence in the performance of the parties respective
obligations herein contained.
SECTION 18. Waiver. The waiver by one party of the performance of any covenant, condition or promise shall
not invalidate this Agreement, nor shall it be considered a waiver by him of any other covenant, condition or
promise. The waiver by either or both parties of the time for performing any act shall not constitute a waiver of
the time for performing any other act or an identical act required to be performed at a later time. The exercise of
any remedy provided in this Agreement shall not be a waiver of any consistent remedy provided by law, and any
provision of this Agreement for any remedy shall not exclude other consistent remedies unless they are expressly
excluded.
SECTION 19. Amendment. No provision of this Agreement may be modified, waived, amended or added to
except by a writing signed by the party against which the enforcement of such modification, waiver, amendment
or addition is or may be sought.
SECTION 20. Hold Hannless. Otay shall defend, indemnify, protect and hold harmless the City, its elected
officials and appointed officers, employees and agents, from and against all claims for damages, liability, cost and
4
/JE~?
expense (including without limitation attorneys' fees) arising directly or indirectly out of the waiver by the City
Council of the City's procedures for the selection of any of the consultants identified in Section 1. and retained
by the City to assist in undertaking the Proceedings. Otay'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, Otay 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.
Otay's indemnification of City shall not be limited by any prior or subsequent declaration by the consultant.
[Remainder of this page intentionally left blank.]
5
J3B~ ?
Signature Page
to
CFD No. 99-1 Reimbursement Agreement
between
tlte City of Chula Vista
and
Otay Project LLC
IN WITNESS WHEREOF, City and Otay have executed this Agreement thereby indicating that they have read and
understood same, and indicate their full and complete consent to its terms.
Dated:
Attest:
City Clerk
Approved as to Form:
O-~~
City Attorney
City of Chula Vista
,19_
CITY OF CHULA VISTA
By:
Mayor
Otay Project LLC, a California limited liability company,
By: Otay Ranch Development LLC,
a California limited liability company,
Its: Authorized Member
By:
Title:
By:
Title:
H:IHOMEIENGINEERIASMTDlST\99-1 lREIMBURS. WPD
6
/33--Y
RESOLUTION NO.
/9f;zy'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE CONSULTANT SELECTION
PROCESS AS IMPRACTICAL AND APPROVING
AGREEMENTS WITH BRUCE W. HULL & ASSOCIATES TO
PROVIDE APPRAISAL SERVICES AND WITH THE MEYERS
GROUP TO PREPARE A MARKET ABSORPTION STUDY
ASSOCIATED WITH COMMUNITY FACILITIES DISTRICT
NO. 99-1 (OTAY RANCH SPA ONE - PORTIONS OF
VILLAGES ONE & FIVE AND VILLAGE ONE WEST) AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENTS
WHEREAS, on January 19, 1999, Council approved an
agreement with McGill Martin Self, Inc. for Project Management,
Financing, and Plan Review services for Olympic Parkway which
agreement included providing Special Tax Consultant services for
the proposed Community Facilities District 99-1; and
,
WHEREAS, on March 16, 1999, Council approved agreements
with Brown, Diven, Hessel & Brewer (Bond Counsel), Stone &
Youngberg LLC (Underwriters), and Fieldman, Rolapp, & Associates
(Financial Advisor) to provide services related to infrastructure
financing within the Otay Ranch; and
WHEREAS, it is now necessary to retain the appraiser
(proposed fee of $50,000) and authorize an additional $10,000 worth
of services to be approved by the Purchasing Agent, should that
need be determined by the City Engineer and given the tight project
schedule, staff believes it is prudent to have this reserve; and
WHEREAS, it
absorption specialist
complete the financing
is also necessary to retain the market
(proposed fee of $17,000) in order to
team required to form CFD 99-1; and
WHEREAS, Bruce W. Hull & Associates is already working on
the formation of CFD No. 97-3 within the Otay Ranch McMillin
project and The Meyers Group has prepared the market absorption
studies for CFD 97-3 and AD 97-2 within the Otay Ranch SPA One; and
WHEREAS, the standard consultant selection process is
impractical due to the time constraints of the project because the
bond issuance for the CFD is projected to occur in September of
1999 requiring both consultants to complete their work in August,
1999; and
WHEREAS, the consultant selection process would consume
time that would be used in analyzing the issues of the proposed
Community Facilities District resulting in the city's interests
being materially better served; and
1
):5 C-J
WHEREAS, the fees proposed by the consultants are
comparable to those charged for existing financing districts and
will have no direct impact on the General Fund or the City, but
will be funded by the developer and/or property owners in
proportion to the relative benefits received from the improvements
being financed.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula Vista does hereby waive the consultant selection
process as impractical and approves the agreements with Bruce W.
Hull & Associates to provide Appraisal Services and with The Meyers
Group to prepare a Market Absorption Study associated with
Community Facilities District No. 99-1 (Otay Ranch SPA ONE
Portions of Villages One & Five and Village One West), copies of
which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the city of
Chula Vista is hereby authorized and directed to execute said
Agreements for and on behalf of the City of Chula Vista.
,
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
~~~
John ~, aheny, Cit~rney
H: \home\attorney\reso\hull. agr
2
):5 C-c2.
Parties and Recital Page( s)
Agreement between
City of Chula Vista
and
The Meyers Group
for Market Analysis and Absorption Projection Services
for Community Facilities District No. 99-1
This agreement (" Agreement"), dated June 8, 1999 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 is desirous of retaining a firm to complete an Market Analysis and
Market Projection of Otay Ranch Village 1, Village 1 West, Village 5 ("Property") for a
proposed Community Facilities District bond issue; and,
Whereas, Consultant was selected based on the quality of previous similar work
performed in association with the City's formation of Community Facilities District 97-3 and
Assessment District 97-2; and,
Whereas, the consultant selection process was waived due to the need to expedite the
formation of the proposed Community Facilities District 99-1, 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.)
2pty12.wp
January 20,1999
Standard Form Two Party Agreement (Twelfth Revision)
Page 1
/3C.-;J.
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 shaH 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 shaH also
perform aH 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 shaH 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. AH compensation for Additional Services shall be paid monthly as billed.
E. Standard of Care
2ptyl2.wp
January 20,1999
Standard Form Two Party Agreement (Twelfth Revision)
Page 2
/3 c- i
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 siInilar locations.
F. Insurance
Consultant represents that it and its agents, staff and subconsultants employed by it in
connection with the Services required to be rendered, are protected against the risk of loss by the
following insurance coverages, in the following categories, and to the limits specified, policies of
which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or
shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage
in the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile Insurance
coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied
separately to each project away from premises owned or rented by Consultant, which names City
as an Additional Insured, and which is primary to any policy which the City may otherwise carry
("Primary Coverage"), and which treats the employees of the City in the same manner as
members of the general public ("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 ofInsurance.
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.
2ptyl2.wp
January 20,1999
Standard Form Two Party Agreement (Twelfth Revision)
Page 3
/JC-;
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
2ptyl2.wp
January 20, 1999
Standard Form Two Party Agreement (Twelfth Revision)
Page 4
/3 C - ~
and records by Consultant throughout the term of the agreement. In addition thereto, City agrees
to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and
with the further understanding that delay in the provision of these materials beyond 30 days after
authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's
performance of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than
monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate
Consultant for all services rendered by Consultant according to the terms and conditions set forth
in Exhibit A, Paragraph 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.
2ptyl2.wp
January 20, 1999
Standard Form Two Party Agreement (Twelfth Revision)
Page 5
/3C-/
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 oftime, 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
2ptyl2.wp
January 20, 1999
Standard Form Two Party Agreement (Twelfth Revision)
Page 6
/3C-3
during the term of this Agreement which would constitute a conflict of interest as prohibited by
the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant will immediately advise the City Attorney of City if
Consultant learns of an economic interest of Consultant's which may result in a conflict of
interest for the purpose of the Fair Political Practices Act, and regulations promulgated
thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's immediate
family members, nor Consultant's employees or agents ("Consultant Associates") presently have
any interest, directly or indirectly, whatsoever in any property which may be the subject matter of
the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any
property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other
than as listed in Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates in connection with Consultant's performance of this Agreement.
Consultant promises to advise City of any such promise that may be made during the Term of
this Agreement, or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited
Interest within the Term of this Agreement, or for 12 months after the expiration of this
Agreement, except with the written permission of City.
Consultant may not conduct or solicit any business for any party to this Agreement, or for
any third party which may be in conflict with Consultant's responsibilities under this Agreement,
except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability, cost and
expense (including without limitation attorneys' fees) arising out of 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 misconduct of the City, its officers, or employees. Consultant's
2ptyl2.wp
January 20,1999
Standard Form Two Party Agreement (Twelfth Revision)
Page 7
/3C-7
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
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
2ptyl2.wp
January 20,1999
Standard Form Two Party Agreement (Twelfth Revision)
Page 8
)~c-/o
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 Defmed 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.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an
independent contractor with sole control of the manner and means of performing the services
required under this Agreement. City maintains the right only to reject or accept Consultant's
work products. Consultant and any of the Consultant's agents, employees or representatives are,
for all purposes under this Agreement, an independent contractor and shall not be deemed to be
an employee of City, and none of them shall be entitled to any benefits to which City employees
are entitled including but not limited to, overtime, retirement benefits, worker's compensation
benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal
income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible
for the payment of same and shall hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the City
unless a claim has first been presented in writing and filed with the City and acted upon by the
City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, as same may from time to time be amended, the provisions of which are incorporated by
this reference as if fully set forth herein, and such policies and procedures used by the City in the
implementation of same.
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.
2ptyl2.wp
January 20,1999
Standard Form Two Party Agreement (Twelfth Revision)
Page 9
)3C-//
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that tlte prevailing
party shall be entitled to a judgment against the otlter for an amount equal to reasonable
attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be tlte party
who is awarded substantially tlte relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, Consultant shall include,
or cause tlte 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 tlte report or
document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically autltorized in writing by City, Consultant shall have no autltority to act
as City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or tlteir principals
is/are licensed witlt tlte State of California or some otlter state as a licensed real estate broker or
salesperson. Otherwise, Consultant represents that neitlter 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 tltis
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, witlt return receipt
requested, at tlte addresses identified herein as tlte places of business for each of the designated
parties.
D. Entire Agreement
This Agreement, togetlter witlt any other written document referred to or contemplated
herein, embody tlte entire Agreement and understanding between tlte parties relating to tlte
2ptyl2.wp
January 20, 1999
Standard Form Two Party Agreement (Twelfth Revision)
Page 10
l3C-/~
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.
F. Governing LawNenue
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 ofChula Vista.
[end of page. next page is signature page.]
2ptyl2.wp
January 20, 1999
Standard Form Two Party Agreement (Twelfth Revision)
Page 11
J:JC-);J
Jun-03-99 12:23P
P_02
Signature Page
to
Agreement between City of Chula Vista and The Meyers Group
for Market Analysis and Absorbtion Projection Services
for Community Facilities District No. 99-1
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:
,19_
City of Chula Vista
by:
Shirley Horton, Mayor
Anest:
Susan Bigelow, City Clerk
Approved as to form:
~(1)r\~ -
John . aheny, City Att~-"";d
Dated:
Cc /3 /tit;
The Meyers Group
By: ~E-1PfL 'F. lkt.lJ coli 'I
Peter F. Dennehy
Man~ing Dir,l:ttor~
By: 't/;.0v -!. l '~l
Exhibit List to Agreement
( X) Exhibit A.
( X) Exhibit B.
2ptyl2.wp
January 20. 1999
Standard Form Two Party Agreement (Twelfth Revision)
Page 12
/3c~J,/
Exhibit A
to
Agreement between
City of Chula Vista
and
The Meyers Group
I. Effective Date of Agreement: June 8, 1999
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 ofChula Vista, a
( ) Other:
("City")
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant: The Meyers Group
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
( X ) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
777 South Pacific Coast Highway, Suite 100
Solana Beach, CA 92075
Voice Phone (619) 792-8276 x.224
Fax Phone (619) 792-8944
2ptyl2.wp
January 20, 1999
Standard Form Two Party Agreement (Twelfth Revision)
Page 13
)3C:-J~
7. General Duties:
A. Consultant shall prepare a Marker Analysis and Absorption Projection for the Property for
the formation of proposed Community Facilities District No. 99-1 (see exhibit B), Otay Ranch
SPA I. The Property for the purpose of this agreement is the area between the Sunbow
development and SR-125, south of Telegraph Canyon Road and north of Olympic Parkway.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
2ptyl2.wp
January 20, 1999
1.
Materials Review and Locational Assessment: Review all relevant materials
compiled by City to date relative to the Otay Ranch SPA I community such as site
plans, previous market studies, pertinent development agreements, etc. Information
on the infrastructure improvements planned in the project area will be analyzed in
terms of impact on anticipated development in the area.
Definition ofComoetitive Market Area: Consultant shall determine the most
appropriate competitive market area for each product type proposed for the subject
project. Determinationwill be made based on existing and planned transportation
routes, natural and man-made geographic bmmdaries, patterns of housing and
commercial growth, historical market perceptions, etc.
Economic and Demographic Overview: Consultant shall compile pertinent
demographic data for the San Diego County and South Bay area and analyze in the
context of future development such as that proposed at the project. Data to be
compiled will include population and household growth trends, employment growth
and distribution, household income levels, age distribution, etc. Data will be utilized
to help determine anticipated future demand potential forresidential and commercial
development in the San Diego County market area and in the South Bay market area
in particular.
Historical Residential and Retail Market Data: Consultant shall compile
relevant historical data on the San Diego County and South Bay market area for-sale
and rental housing markets. Key residential market factors to be examined will
include such things as new attached and detached home sales and inventory trends,
sales and inventory by price range, sales rates by price range, rental occupancy
trends and average rents, building permit issuance, resale market trends, etc.
Available data on retail market trends will also be evaluated (i.e. retail inventory,
absorption, lease rates, retail sales trends, etc.).
Active Residential and Retail Proiect Overview: Consultant shall survey
residential projects (attached, detached and rental) in the project's relevant market
2.
3.
4.
5.
Standard Form Two Party Agreement (Twelfth Revision)
Page 14
/3C-/?
6.
7.
2pty12.wp
January 20,1999
8.
area (largely the South Bay). Project information will include market orientation,
number of units planned, offered and sold, product types, square footage range, base
price ranges or rents, premiums, incentives, amenities, buyer and/or tenant profile,
absorption rate, etc. As part of this analysis, Consultant shall evaluate recent price
changes and an absorption analysis will be conducted for the sell-out of active
projects. A selected number of comparable retail projects will be surveyed to
determine center types, trade area, vacancy and lease rate trends, store types, etc.
Master Planned Community Case Studies: A selected number of similar
large-scale residential projects in the San Diego County market area shall be
analyzed by the Consultant. Survey will focus on key characteristics (size, setting,
product array, unit and price ranges, community amenities, buyer profiles), sales
performance (yearly sales, marketing characteristics), and other comments. Survey
will be used to identify the annual absorption potential and market capture of the
San Diego County housing market achieved by other well-segmented master
plarmed communities and will be used to assess sales and market capture
projections.
ProoosedProiect Summary and Detailed ProiectBuildout: Consultant shall
compile and analyze information on the most relevant and major plarmed and
proposed residential and commercial developments in the competitive market area
for the Otay Ranch- SPA I project. To the extent available, detailed information
will be presented for each project (units, timing, pricing, etc.). This analysis will
cover all projects in various stages of the approval process in the South Bay market
area. Consultant shall prepare a market-driven buildout projection for the proposed
large-scale South Bay residential projects for use in reconciling annual supply and
demand projections.
Demand Analvsis: Consultant shall conduct a statistical demand analysis
to quantify the future demand potential for each type of development proposed for
Otay Ranch- SPA I (for-sale and rental residential, commercial). Demand will be
based on a combination of statistical and judgmental methodologies, and will result
in annual demand projections over the relevant time frame of the subject project.
Conclusions: Consultant shall analyze all of the above information and draw
conclusions relative to current and future market trends and assess the potential for
the development and absorption of residential and commercial uses as proposed for
Otay Ranch- SPA 1.
9.
10.
Absorotion Proiection: Based on the above analysis, Consultant shall
provide written recommendations with regard to anticipated absorption of the
proposed residential and commercial development in the Otay Ranch- SPA I
Standard Form Two Party Agreement (Twelfth Revision)
Page 15
/_sc:-/}
project. Absorption estimates will take into account such things as expected market
trends, community positioning, infrastructure timing, etc. Absorption estimates will
cover the anticipated period to build-out of the community on a quarterly or annual
basis (format to be determined with appraiser).
11. Consultant will attend all coordination meetings and work with the project
appraiser to ensure the most accurate results.
12. Consultant will provide check prints (as required by the City) of the Market
Analysis and Market Projection for comments at the coordination meetings
13. Consultant will provide to the City 25 bound copies of the Market Analysis
and Market Projection upon completion
14. Consultant will provide an electronic version of the absorption study in a
format acceptable to City so that the City can make the report available to the
underwriter or other party.
15. Consultant will work with the Property owners to obtain the following:
Detailed information on current business plan projections for the
development (absorption, product pricing and lot or land values), as
well as details on proposed residential and commercial products,
timing, phasing, etc) .
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliver abies:
A draft market absorption study and market analysis shall be delivered to the
City within 8 weeks of the effective Date of Agreement.
D. Date for completion of all Consultant services:
Upon completion of the absorption study to the satisfaction of the City's
Director of Public Works but no later than September 30,1999.
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
() Employer's Liability Insurance coverage: $1,000,000.
2ptyl2.wp
January 20, 1999
Standard Form Two Party Agreement (Twelfth Revision)
Page 16
J_TC-/x
(X) Commercial General Liability Insurance including Automobile Liability:
$1,000,000.
() Errors and Omissions insurance: None Required (included in Commercial General
Liability coverage).
( ) Errors and Omissions Insurance: $250,000 (not included in Commercial General
Liability coverage).
10. Materials Required to be Supplied by City to Consultant:
11. Compensation:
A. (X) Single Fixed Fee Arrangement.
For performance of all of tlte Defined Services by Consultant as herein required, City shall pay a
single fixed fee in tlte amounts and at tlte times or milestones or for tlte Deliverables set forth
below:
Single Fixed Fee Amount: $17,000, payable as follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
Delivery of a draft Market Analysis and Market Projection $8,000
Delivery of completed Market Analysis and Market Projection
which is acceptable to tlte City's Director of Public Works
$9,000
( ) 1. Interim Monthly Advances. The City shall make interim montltly advances
against tlte compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only tlte compensation for tltat
phase has been paid. Any payments made hereunder shall be considered as interest
free loans which must be returned to the City if tlte Phase is not satisfactorily
completed. If tlte Phase is satisfactorily completed, tlte City shall receive credit
against tlte compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such tltat, at tlte end
of tlte phase, tlte full retention has been held back from tlte compensation due for tltat
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by tlte Contracts Administrator designated herein by tlte City,
2ptyl2.wp
January 20,1999
Standard Form Two Party Agreement (Twelfth Revision)
Page 17
/ :3 c- /9
or such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Contractor shall have represented in writing that
said percentage of completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this agreement
to a time and materials basis of payment.
B. () Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by Consultant as are separately
identified below, City shall pay the fixed fee associated with each phase of Services, in the
amounts and at the times or milestones or Deliverables set forth . Consultant shall not
commence Services under any Phase, and shall not be entitled to the compensation for a
Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase.
Phase
1.
2.
3.
( )
2ptyl2.wp
January 20, 1999
Fee for Said Phase
$
$
$
1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans which must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at the end
of the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City,
or such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Contractor shall have represented in writing that
said percentage of completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this agreement
Standard Form Two Party Agreement (Twelfth Revision)
Page 18
/~(,C-.;20
to a time and materials basis of payment.
C. () Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City shall pay Consultant
for the productive hours of time spent by Consultant in the performance of said Services, at
the rates or amounts set forth in the Rate Schedule hereinbelow according to the following
terms and conditions:
.
() 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").
.
( ) 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 addi-
tional compensation without further authorization issued in writing and approved by the City.
Nothing herein shall preclude Consultant from providing additional Services at Consultant's
own cost and expense.
Rate Schedule
Category of Employee
of Consultant
Name
Hourly
Rate
( )
Hourly rates may increase by 6% for services rendered after [ month], 19 , if
2ptyl2.wp
January 20, 1999
Standard Form Two Party Agreement (Twelfth Revision)
Page 19
J3C-.;2/
delay in providing services is caused by City.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance of services
herein required, City shall pay Consultant at the rates or amounts set forth below:
(X) None, the compensation includes all costs.
Cost or Rate
() Reports, not to exceed $
() Copies, not to exceed $
() Travel, not to exceed $
() Printing, not to exceed $
() Postage, not to exceed $
() Delivery, not to exceed $
() Long Distance Telephone Charges,
not to exceed $
() Other Actual Identifiable Direct Costs:
, not to exceed $
, not to exceed $
13. Contract Administrators:
City: Lombardo Detrinidad, Civil Engineer
Consultant: Peter Dennehy, Managing Director
14. Liquidated Damages Rate:
( )$_perday.
( ) Other:
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict ofInterest
Code:
( x ) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
( )
Category No. 1. Investments and sources of income.
2ptyl2.wp
January 20, 1999
Standard Form Two Party Agreement (Twelfth Revision)
Page 20
)3~-;2.2
( ) Category No.2. Interests in real property.
( ) Category No.3. Investments, interest in real property and sources of income
subject to the regulatory, permit or licensing authority of the department.
( ) Category No.4. Investments in business entities and sources of income
which engage in land development, construction or the acquisition or sale of
real property.
( ) Category No.5. Investments in business entities and sources of income of
the type which, within the past two years, have contracted with the City of
Chula Vista (Redevelopment Agency) to provide services, supplies,
materials, machinery or equipment.
( ) Category No.6. Investments in business entities and sources of income of
the type which, within the past two years, have contracted with the designated
employee's department to provide services, supplies, materials, machinery or
equipment.
( ) Category No.7. Business positions.
( ) List "Consultant Associates" interests in real property within 2 radial miles of Project
Property, if any:
16. ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
n/a
18. Bill Processing:
A Consultant's Billing to be submitted for the following period oftime:
2ptyl2.wp
January 20, 1999
Standard Form Two Party Agreement (Twelfth Revision)
Page 21
J3C-J;I
( ) Monthly
( ) Quarterly
(x) Other: Completion of Market Analysis and Market Projection
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: Completion of Market Analysis and Market Projection
C City's Account Number: 408-4080-DE _
19. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
( ) Retention. If this space is checked, then notwithstanding other provisions to the
contrary requiring the payment of compensation to the Consultant sooner, the City
shall be entitled to retain, at their option, either the following "Retention Percentage"
or "Retention Amount" until the City determines that the Retention Release Event,
listed below, has occurred:
( ) Retention Percentage: _%
( ) Retention Amount: $
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other:
H\home engineer\ astmtdist\99-1\meyer~.wpd
2ptyl2.wp
January 20,1999
Standard Form Two Party Agreement (Twelfth Revision)
Page 22
);JC-~7
-.
....
//
--
oJ
.....
J
.. .
.:: 0
......
'"
"",
00"
" -
- ~
=::: t:z
:::..r:
J
J
.
...
i -..
,
~
c:
I-. '"
-; c
I , E
I ~ ..
Cl::
-
t
)(
ll,J
J- _
----[~ ' ,
;;:.__.__ /1''':'
----:-1
...../
/'
, \
\ \
Ci '-
cu ~
1:1 '-'
S ~
~ -
o V':
CD
y
~.~\
--
'" "-!../
!
.-
~~i
~t
~l
liP
. 0 If
,....
,
C)
C)
o
u.
()
~
-
~
""
'"
is
~
0_
"ia
~
~
I
c:
'"
c
E
III
Cl::
"
..:;.. j, :'.
J1r_:~'
lefi;
s: .,
- '" ~
~
Ex:.t+/ l!lt
z
-
-~
The Otay Ranch Company
350 West Ash Street Suite 730
San Diego, CA 92 101
(619) 234-4050 Fax (619) 234--4088
.
.
.....
March 16, 1999
~
...,
Mr. Dave Rowlands
City Manager
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 92010
Dear Dave:
"
The purpose of this transmittal is to make a formal request to the City of Chula Vista
("City") to initiate the process to form a Community Facilities District pursuant to the
City's "Statement of Goals and Policies Regarding the Establislunent of Community
Facilities Districts" to primarily fund The Otay Ranch Company's ("TORC") obligation
relative to Olympic Parkway. Included within this transmittal is the following:
.
~
I. Boundarv of CFD 99-1
The boundary of the Community Facilities District (herein referred to as "CFD 99-1")
w~~'J."I!~'!t'-~~~<<;l~.JCPntItilleinbYZORCiil'}[illage:~~h~~IB,'
2B;:4~iil1~}7)~~~~eiliiv~~ndYillage,One:~est.' C~ pa:cels within Village O?e
(Phase 2B) for wliicnp~bhc reports have been Issued or applIcatIons have been filed WIth
the Deparnnent of Real Estate have been excluded from the boundary ofCFD 99-1. Tab
I identifies the boundary of CFD 99-1 on a map.
2. Improvements ofCFD 99-1
The public improvements to be authorized for funding from the issuance of CFD 99-1
bonds generally include the constrUction of Olympic Parkway segments (phases I and 2),
the construction of Paseo Ranchero (from East Palomar to Olympic Parkway), and the
construction of East Palomar (from the west boundary line of Village One West to Paseo
Ranchero). The total construction cost of these public improvements is estimated to be
$31,795,000 under the assumption that CFD 99-2 (as discussed in Section 8. of this
letter) is formed and bonds are ultimately issued. Due to the dollar magnitude of public
improvements to be acquired .by CFD 99-1, 'FORC~be!ieves"it.iS'"essentiaMo-develop-a"
reimbursement-process-with~the-Gity_ that- contains- the..necessary' inspection-related
controls-and -allo\Vs-TORC"to"'obtain-monthly-reimbursernentS iil"order-to" minimize
sizable outlays'offunds over an extended period oftime. Tab 2 outlines a cost summary
of these public improvements.
z
Mr. Dave Rowlands
City of Chula Vista
Page 2
o Bond Amount of CFD 99-1
.
It is envisioned that CFD 99-1 will issue a single bond around August 1999 to allow
funds to be available to acquire the authorized improvements. The bond capacity of CFD
99-1 is currently estimated to be $38,903,000 with construction proceeds amounting to
approximately $31,123,000. Tab 3 outlines in greater detail the calculation of the CFD
99-1 bond amount and construction proceeds described above.
4. Comoliance with the City's 2% Tax Rate Limitation
J
CFD 99-1 (and CFD 99-2, as funher described in Section 8. of this letter) will comply
with the City's 2% policy' that the total annual property tax bill applicable to each
residence not exceed 2% of its home price. Village One (phases 1 B, 2B, 4, and 7) is
currently encumbered by CFD No.6 (Chula Vista Elementary School District), crn No.
6 (Sweetwater Union High School District), and AD No. 97-2 (City of Chula Vista).
Village Five is currently encumbered by crn No. 6 (Chula Vista Elementary School
District), and CFD No.6 (Sweetwater Union High School District). Village One West
currently has no public encumbrances although TORC is in the process of forming two
school CFDs with Chula Vista Elementary School District, and Sweetwater Union High
School District. Tab 3 also outlines the application of the City's 2% policy to the
residential land uses given the existing and proposed debt to be issued within CFD 99-1.
..
5. Rate and Method of Apportionment ofCrn 99-1
In order to assist in expediting the formation process of CFD 99-1, we have included a
first draft of the Rate and Method of Apportionment ("RMA"). This RMA is the same as
the Rate and Method of Apportionment used in crn 97-3 for the McMillin Companies in
Villages One and Five, except that crn 99-1 contemplates the use of special tax zones
with each zone having different developed property (i.e., parcels with building permits)
annual maximum tax rates. Tax Zone A would include Village One (phases IB, 2B, 4,
and 7), Tax Zone B would include Village Five, and Tax Zone C would include Village
One W est. The1lSe"Of-tax-zone5"would-not"'apply-tO"UIldevelopecPprijperty'(re~;"parcels
without building.permits.)",therefor~the..entire.land, area'withili~Crn799-"1"'WOuld' be'
subject to a single-annual'11laximum.tllX'Yllte. A copy of the proposed RMA for CFD 99-1
is included in Tab 4.
6. CFD Formation Timeline
Tab 5 outlines the major steps necessary to form CFD 99-1 and issue the bonds. The
timeline indicates that bonds could be issued as early as August 1999.
7. OwnershipIFinancial Information within CFD 99-1
(
The City's policy requires that the applicant own or have the consent of not less than 67%
of the acreage within the proposed Community Facilities District. The acreage to be
1:1 nfJ datal rptlvi Ilag5
-3
Mr. Dave Rowlands
City ofChula Vista
Pace 3
included within CFD 99-[ is entirely owned or cOntrolled by TORe. In order to expedite
this process, TORC will provide this information under a separate transminal as
necessary to meet the needs of the City. The CFD policy also requires the subminaJ of
financial information to the City to demonstrate the landowner's ability to construct the
authorized public improvements and make special tax payments. This information will
be submitted to the appropriate City team members under a separate cover letter on a
confidential basis.
8. Proposed Formation ofCFD 99-2
TORC is currently in different stages of attempting to acquire certain remnant parcels
from other propeny owners within Village Five and Village One West. These remnant
parcels are identified in Tab I. Because it is unclear at this point if TORC can complete
the acquisition of all or a portion of the remnant parcels prior to the casting of votes on
CFD 99-1, it was suggested in a prior meeting with the City and its consultants that a
separate Community Facilities District (herein referred to as "CFD 99-2") be processed
on a parallel timeline as CFD 99-1' s timeline outlined in Tab 5 to include these rel!Ulant
parcels. The Rate and Method of Apportionment for CFD 99-2 would be the same as the
RMA for CFD 99-1. We assume the rate and method for CFD 99-2 can be quickly
duplicated after the RMA for CFD 99-1 has been finalized by the appropriate parties.
If CFD 99-2 is formed concurrent with CFD 99-1, then additional bond proceeds could
be generated to assist in funding the authorized public improvements described in Section
2, of this letter. AItematively, if CFD 99-2 is formed after the formation of CFD 99-1
and the issuance of bonds secured by CFD 99-1, a subsequent issuance of bonds secured
by CFD 99-2 could occur. The bonding capacity of CFD 99-2 is currently estimated to
be $2,299,000 with COnstruction proceeds amounting to approximately $1,839,000, Tab
6 outlines in greater detail the calculation of the CFD 99-2 bonding capacity and
construction proceeds, as well as the application of the City's 2% policy,
We look forward to meeting with you and others to discuss the enclosed items and to
begin the formal process necessary to form both CFDs and issue bonds, If you have any
questions or comments, please do not hesitate to call me.
Very truly yours,
?~.J'//~
Ronald P. Therrien
Chief Financial Officer
~
RPT/nf
cc: George Krempl
John Lippitt
Robert Powell
Harry Burrowes .
I :/n G datalrpuvi IlagS
-
~
~ ....
J
J
,
_J
....
.. .
.:;: '0
:.o....c
" '"
00""
'= 't
::::: E:
~~
..
, ~
, m
.a CO
t::
~ E
.., lD
! c:
.
,
,
J:::
E-;
--- .=:
=:;- y:
1/..:-
....
~ (7'-....
=-
~\....!.../
i
~n
. ~.
1: -~
.of
Ii ~i
l::
. ..::.;;;
:5
c
'"
t::
E
lD
c:::
;>- I '-
rol~
-::JI'::
- I "
- -
= ;;:
o
!!:l
.,....
,
Ol
Ol
o
u..
()
~
-
::>::
~
6
H ;
..;.. [; ::
",.- - ',-
. .j;,
.. ~ r ::
.....
-
-.r
-
. ~
J
J
0
i
~
.r
,
~
,
~
1
,....
1
-
1
--
J
1
-J
1
i
~
,
-~
TAB 2
PUBUCIMPROVEMENTCOSTSUMMARY
CFD 99-1 CFD 99-2 Total
Facility Cost Estimate Cost Estimate Cost Estimate
Olympic Parkway Phase 1 (*) $24,070,547 $977,549 $25,048,096
Olympic Parkway Phase 2 638,967 25,950 664,917
Paseo Ranchero (South) (*) 3,593,283 439,020 4,032,303
Palomar (V1 West) (*) 3,491,931 426,637 3,918,568
Total $31,794,729 $1,869,155 $33,663,884
(*) Cost estimate includes water and reclaimed water facilities under the
jurisdictional control of The Otay Water District. The financing of such
costs by CFD 99-1 and CFD 99-2 will require the City to enter into a
Joint Community Facilities Agreement with The Otay Water District
prior to the Resolution of Formation.
&
[
1
.
L
r'
rl,
r
.: 1
I
".....
~
,J
1
---
~J
-J
-J
]
" .
]~:
0';: u
:tl::'e
50.
u
.
~
-.
~
.<
Q
~.
~,
;;;
~.
~
'0'
'0Il,
..
..,
;0'
...,
'u,
~ ~
~:~
!!ii~
~E~
u -
..
'5 ~ ~'O~
Sii::!5~
,,:l C1l.l......
.....,;a::: _
U ,E:
"0 'C(I)'C.;
c: ;:Ie_l-_
o~##.",
1Il<~O>-i
_Cle'
- ~,
,
. .,
'ii~ ~!
co ~:
....I,i....'
ue:
~~~~~~~~N~~~~~N~N~_~~O~~_
-~~~N~~NN.~~O.~-_._~~.o_.
~~-~~~~~~~~~~~~~~~~~~~o~~
NO~~~~~~.~o__..OO~_N.~~~_
~~~~:8~~~;~~~~~~~;;:;: -,~
" .. ~
-~mO-_.~_c-~C~_~~.~_NOO_Ul
~8~~~~:~~::~~;~g~:~I~~~~-:
N~~o~ci~~~N~NO~~.~~N~e~ ~_~
~N.N~~Nn~~N.~~~N~~~~~ ~.
~ ..
-
~:;; 8:: g ~::: ~ ~ ~~::;:: ~ ~ ~ ~ ~ ~ c;:;; ~:~:'
Q> - Cb..,..... N"" r').... ca Ul_..,N Cl 0 OJ 1l)V> N OJ.... 0 -,C)"
N~N~~~~~~~~e~~~~NN~~~N~~~1
N..,.......,.ClClV>Cl........UlOJ_ClOJV'lOJ............UlN '_,
........ .... .... N 101'
M I~i
1-:
....OJNV'lV'lV>N....Il)r')V>O....NONV>_OJO_V'lIl)..,.!~
-..........,m........V>....O..,.NN-m..,._ClCl............ONIO'
:~::::::~::~:~~~~~::~~~~~
~ ~ g ~;o ~ ~ ::~.:;!;r~ ~~:g~:g~:;:g Q!; ~ NI~J:
... ... -... ':!:'
'..,
co co...... 000 - ..._........11"'1 001)........ 0 0 0 0 eo 0 O.~~i
~~~II"'ICClCCI~.,II"'I~N~~....O....~O.,~~.,OOi~~
~q~~~~~~~~qq~~~~q~~~~~.,~~
~~:~~!~~:!;~:g::::~;:;:;:;;~;;~ -:~I'
... - - .-
j;;i
;;
~~~~N~OCCl~~~~~~~~~
O~~N~~~NO~~O~~N_C
~~~~~~~~~O~~N~N~~
M~~......-~__CCl~~~~~.~
M~...~.MOOtN~~._~~...CCI
~U')nnU')CCI~O~M.~.n~ ~
... . ~
~:::2=~~:g,:~~~~~ ;:
....O-....<D...,N"'...,...,~O~
....;M-n....,-~...N.ff;).o.<C.~.n-~- ....
N-O'>n.OlD~_NN_... N
O.t'.i.C'lt'.i.CCI"'IDC'I,",~.lEIN. 0_
;;
~"'M'"'IONCO~.Ocr>_O ~
~"IlDCD~ ....COcr>~CDCDCD co 0
"'O>.<t>MCD<t>.~O>Ocr>.... ......
~~'~~:t~'~~:i~'~g~' g"
... ...::: r'-
~
::!::c;;:!~:~:n5~~::'! ~
O>N....NC)N.,_MCDC)N,~ ....
cif'i"';wiN"C;lI'ioi.r7i.f'i..,' co'
.....-....----~...._._'N' ....
-N_N_ ..._ M_N;m.
... ._9.,.,-
,- ..
NCCI"mClM~"""'''''OCllm ....
"'~C1lDClOCD""omm.'N' II)
mMII"'III"'I........~NCDCD....ll"'ln n
":ci"':":.no''':ci''':N'':C.'~~ n'
~ -......onNOCDlDM_.~ 0
N"'N.... C1-ClNnNOII)'.... Ot
...:...:...:...: - N"':"':'f'i co'
"" --''"'
.- ..
~;::~:!:~~~g::~;::::::. ~
--N.n..._onoo....c_'.... CJ>
S;;=~:gti~:i:;;;g~i :g"
;; - - - _.:~;::;-
- ..
L.!! ill ~
'~'#&'::;;
lea:: ._~_.
~: ;~CL.0>:
,I- :::::
~#-~~#."#"#"##.#-#.'#-
:~:gg;;:~:l:g:~
-"":"":Nf'i"":"":"":"":f'ooi__
,
~';.~io
0111....-
:I:U'Ja..;.....
Ul
U;
~
..J
<
Z
<
wi
....
~: "0 8.!: ;::
)(! :.:~l.l..=~L_!
ct. &"eul- ...ICO....
J- 2.i~~~1.....6
....II a.. ug:5! !!.
~, G..I ~
~O' "ea..t5I"
au.. I :~u..=<_~
<...oi &.eul-l5t::.~
%1 e.i:~~=1 ci
<i a.. 0g:5i e
o! ~..I ;::
3:j I iiiifr e-~i ~
N, : ~ EO~ l5icU5
e~~--,.....~
~i~1 a. uo\cl ..
%'.1 CD~.....
ol~ ~
Ell -ti x _I ==
_;.iI.~-aN~~I!_i'
'I' &.c:..r:::- .,,-
Cft.!: c-u~c....-~
CI) . e<cn__t.L. 8J n
cia::Q.. (,J. w
ILl:: -. -
u..... U)C;:'I "
I~ iii1'i 0::;) ~
p::: ::IOz...,-....
I~ Ene &l::!:.;;
Ie! <U'Jl.l..:I ~
'c.: 0...... !!.
.: C
'01 iii~ E~!!
'I-: g~ :=>:iin-
"ec ill ii '-1-
4(: a.. 0
"
-'j:'
~.!!fi~!N
o~i5@"'"
~~
~+::::.
_Iii.. + .....co'
L!!! g ~E~:;-;o;-
10 e l'O + + ~__
r<I-.....;;~
=,++:
E ~:
"l!:! Xo,_
<.2:!....:::::.
:!: @
citY:'
> .
<~
.,
o.
n:
"
!!
2
=>
~ ~:
.::=>
o
~
,!l
;;
##'#-~~#~#~###~~##~~~~~~~~
:g::~g:~~~~~~ ;~~ ~
-N____N_____
o~~nnO....~O~!N~N-!~~~~~~~~
g~cggg~gg~_~z~~_zzzz~zzz
~~o~~~~.nO...;NO O"';N ~
~~CJ>~....~n....o>~oCJ> ~no n
'"'NNNN~NNNNN_ -NN N
..
~....mCO....-~....ON~ONON~NNNNNCOClCl
....~~CDnm....nn_n....N.....nN_....N~n........
U)ff;)_........<t>CO._"'CDCOCl"'OOOOoo...._mlD
~..:lI'ill'ill'ici..:~~..:...;...;~~....;~~~~..:r7if'iN
..
..,.,. ."..""., I I.. '"
..,...",...,...."".. ,
U)ou)"lI"'Immll"'lU)ONnonCDNOOOOGOOO
-Nm~""-N.lDN~Ou)ONnU)U)U)U)NOOO
U)onClU)mCCl....U)U)on....~N...on~NNNN~U).......
.. .
.."..."......,.,.., I.,
O....",lDU)O....lDon_CD_CD_....OCDCDCDm_
C1~CDOOU)....OCD...._NNN~~NNNN_
U)onn"U)o.nnOlDlDtnCClOlDtnononono
~...:~...:~~...:...:...:~ ...: ~
-
OOOQO_OOOlDlDCDNCDCCllDNnnNlDU)C1U)
U)U)U)<t>~U)U)n~....~Ot~a~""~U)CDn....n~~
.........................nnNNNnnNNNNII"'I",..
... ~NN
onnoonononnononN_o_nNoooon
nnCJ>_....nn....mnoC'l ano n
MNNNNnNNNNN_ -NN N
~
.onm--.",_CJ>...._C10CO...._OOOOtn
m....NlDlDlDtnU)N",....N Non. on
nnm....~nn....CDnom mno M
~NNNf'i...;NNNNN~ ~NN f'i
~
U)U)~NNClU)N....CN_O_U)NOOOOU)
nMn~_Mn....nMU)onO"'MU)Oooon
-OCl...._0....C10=....OonOU)00000
...;NNNf'iMNNNN~~~~~~...:...:~~f'i
-....~CDCON~...n~N~n~~n~~q~~~~~:~:
~~~..._....:NClN...~m~........omm........~lD_...._.
N-__N~__~_______ _ ~.
~,
<~n...n......._....~nmCJ>........Ot~.OlD.....
.lD~CD~~~c~Ncomnm_~....OCOCD~CD
. -... -...._ N__...
<
.
;occeeeocccce~occ~~~~C~~l.l..
~~~l.l..~~~l.l..~~l.l..l.l..~~~~l.l..~~~~l.l..o~a..
:U'JU'J~U'JU'JU'JU'J~U'J~~~<U'JU'JU'J<<<<U'JUUU
=0
..
15
i5 i5 ~
~ ~ ~~U'J
:-~.~C~lD~~~~~~~~~~~~~;_~~
=~~OC~~~~~~~~~~~~~OC~~OCOCUUU
>
m-~~~~""O~.noc""N"'''''
m~~~CJ>~~~mON~~o~eo
~N~~.,.,n~mo_~n....~no=
~~~~O"";~"":~~~c"":~~~~
~~NN.~~CD~NM~~N~ ~
~ ..
~
lD~~N-~~NnO__M""~~<t>.
NOtNlDNNCle~_N~""__N.'
lDlD.....~~~cr>_~_~n.~~....
gg~~~~gg~~~~~:~N:~
-- --- - ... 'II)
~ -
.-
O~O~""""lDON_N....~n_~c
N....N~~~n~lD....NOCJ>Nn_~'
meo-~""~_nO"""'O_~OI"'"
~ 0''''; ~'c- GO r7i": ~ ~-...;.,.;..: 0 c- wi._"'.,
OONOCD~~~C1~COOONCI~_'~J
........~~cq....~C....~lD~....~ ~
.. - - 2:'
'-I
~:~ilD~:!~::;~:~~~:~
Nonce!!.... eo.... ~ t") lD~ .......'lD'.
.-i..... ':00' ..:~- o'~;f'i lD.,.:..:..:ci ci _.....:~
coonll"'lt")onlDmo..,n...CI....~~ i~1
"" - ,og;
_.
'## ~ #. ~# #-#-~ ~~ '#- #;f!. ~%%"-
O........CJ>lDGt...m~....OCDOO....
~~G:l:CD:lDlDG:l:IlI!IlI!G:l:~G:l:m~
N--_______N___
gg:;!~!::D~ggga8::D~~
oO__~__MOOO~__ZZ
",'Of'iNONf'i"'.O'o-ori.nNf'i
l"llJ>noGton~aaC'l""~o~
nNNN_NNNNNnNNN
~N--cn--NNN~N__C'lO
C'lNNNmNNONNmONN.O
CD~"'lD""lD"'''''''''''''CD'''IO'''CJ>~
~"';":~-n-t").....'.n"';"';~"';n''':
., ,. I."" I . I..,
lDlOonlD-lDlIDeogClmmlD"'OO
-O"'~"'(DU1nOO_t")mU1NO
~:lDcmmm5~~:~~CCI"''''
,... .",., " " . I
, . '."," " t '., I
o"'....a:o_m....tD......,omm....oo
CDlJ>........N........O~OOCDO........N
CD_~.qlO mlD ::-~:-:-~:-.,~..,
.. "'" ".,." "
..,onN_Nn....OOU1U1Nno
nCJ>t")OlJ>O~.....CD~~....OI"l
t")NNN_NNNNNnNNN
.C'I""_co_on_(D~.__U10
II)Non.N....U'lIONNlDm.....,
..,~nOCDet")....(DCDn....on
n-NNf'i":f'iNN-NN"';NNN
lID....lDN_N~N,...~IIDNNmo
nn"'mon~n....n~r')""'u;Ino
-CO~Il)COO...co<t>_"'';Qoe
"';NN"':"':~NNN~"';N~N'''':
~nooo~~onoon
~gggg~~g~8gg
.-i",'o'''';lI'i.-i.-i<<i''';''';o''';
n....C>Mnr')M.........,CJ>....
NNNnnNNNl"\lr')NN
u;I~C>COCOCDCO""CDcocnm
NONOONN"'OONO
00...,.............,00<0....,........
..:.,.;.,.;~~...:..:"'-~.,.;.n
-m~OOO>__....CbCDnCJ>
IDOOCl<ocom."OlDOO
:~~~~:~~~~~:
,.., ., "...,
., "" t ,t ..,
CO..... CJ> Cb mlD 0... 00........
....~OOtcn..........CDO...
....O>O."'":~........COCb"'":q,~
., ... ., , , , ..
I.. " ,., I , "
t")U'lO"'OO~~<O...."'O'"
n.....(hn~~II"'I.......~CJ>,...
NNNnnNNNN<")NN
on_CJl....... 111 111 111_"" CD_
"'CONllIlm......,OIlDCDNCD
n....mnnn..,."....no>....
NNN...;M~N~f'i...;f'iN-
CN,...<OlDCOIOONm....N
..,....n~nnno,...n..,....
O~C--OON..._C.
~~Nn....;NNN.f'i...;Nf'i
,...:'~CON~IDI"lC'l_on........CDNOt")N
o~~.......n"'lD_....o...n~lDlD...lD
u;Itl. _ ... _
N~ .(:
.
5coeeeecoeoeeen~~
....l.l..~u..l.l..u..l.l..l.l..~u..u..l.l..~l.l..l :::::Ec...
:U'J~~~U'JU'J~~U'J~~U'JU'J~J U~
~ 0
= ~
. ~U'J
~"'u;I""COCJ>O_NI"l"'~u;I""COCJ>l.l..
~~~~~~~~~~~~~~~~c...
~OC~~~~~~a::~~~~~~a::U
N.... m 0> ~O ~'""':~ ~ lD 11"'1 CD ~ COCI~.) G~on 0> ~~ =:...."'<"J --: ~ ",'co", co
~.,.,....:....:ONlDn-~CDII"'I-..........,Nj.ll)_m....CDNm.....(D...CD.N~~
_____N_N_ -- _ _. __N__ __ ___-,... N
N..c - ....
",.: ~COu;llD m COlJ>~""NN"'CO n.' ltl
.., "CDlDCOu;ll"l ."....NO....COIl). en
O. a: _ ......,
~ .
.
~
;~e~e~e~~fi:efi:e
.U'JU'JU'Jrntn~U'JU'JU'JU'JU'J~iij
~ 0: '"
, E 0
:< << < ~ I-
:;~;:;;~~;,;:g:nn~::;:2 -g
~ii~ococ~~~~oc~~ ~
1
...
L
1
L
~
I
-
["
I
-
.
L
~
...
.
.J
...
.
...
.
.
.
.
..
.
.
.
.
.
TAB 4
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 99-1
(Otay Ranch)
A Special Tax as hereinafter defined shall be levied on all Assessor's Parcels of Taxable Property
within the City of Chula Vista Community Facilities District No. 99-1 ("CFD No. 99-1") and
collected each Fiscal Year commencing in Fiscal Year 1999-2000, in an amount determined by
the City Council through the application of the appropriate Special Tax for "Developed
Property," "Taxable Property Owner Association Property," and "Undeveloped Property" as
described below. All of the real property in CFD No. 99-1, unless exempted by law or by the
provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein
provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area
shown on the applicable final map, parcel map, condominium plan, record of survey, or
other recorded document creating or describing the parcel. If the preceding maps are not
available, the Acreage shall be determined by the City Engineer.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being
Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California
"Administrative Expenses" means the following actual or reasonably estimated costs
directly related to the admini<tration of CFD No. 99-1 including, but not limited to, the
following: the costs of computing the Special Taxes and preparing the annual Special Tax
collection schedules (whether by the City or designee thereof or both); the costs of
collecting the Special Taxes (whether by the County, the City, or otherwise); the costs of
remitting the Special Taxes to the Trustee; the costs of the Trustee (including its legal
counsel) in the discharge of the duties required of it under the Indenture; the costs to the
City, CFD No. 99-1 or any designee thereof of complying with arbitrage rebate
requirements; the costs to the City, CFD No. 99-1 or any designee thereof of complying
with City, CFD No. 99-1 or obligated persons disclosure requirements associated with
applicable federal and state securities laws and of the Act; the costs associated with
preparing Special Tax disclosure statements and responding to public inquiries regarding
the Special Taxes; the costs of the City, CFD No. 99-1 or any designee thereof related to an
appeal of the Special Tax; and the costs associated with the release of funds from an
escrow account, if any. Administrative Expenses shall also include amounts estimated or
advanced by the City or CFD No. 99-1 for any other administrative purposes of CFD No.
City ofChula VislQ
Community Facilities District No. 99-/
~
March /6. 1999
Page /
"
99-1. including auomey' s fees and other costs related to commencing and pursuing to
completion any foreclosure of delinquent Special Taxes.
"Assessor's Parcel" means a lot or parcel sho....n in an Assessor's Parcel Map with an
assigned Assessor's Parcel number.
"Assessor's Parcel Map" means an official map of the County Assessor of the County
designating parcels by Assessor's Parcel number.
"Available Funds" means the balance in the reserve fund established pursuant to the terms
of the Indenture in excess of the reserve requirement as defmed in such Indenture,
delinquent special tax payments, foreclosure proceeds, the portion of proceeds of Backup
Special Tax payments and Special Tax prepayments collected topay interest on Bonds, and
other sources of funds available as a credit to the Special Tax Requirement as specified in
such Indenture.
"Backup Special Tax" means the Special Tax that is required to be paid as a condition
precedent to the issuance of building permits or recordation of final maps. as determined in
accordance with Section E below.
"Bonds" means any bonds or other debt (as defined in the Act), whether in one or more
series, issued by CFD No. 99-1 under the Act.
"CFD Administrator" means an official of the City, or designee thereof. responsible for
determining the Special Tax Requirement and providing for the levy and collection of the
Special Taxes.
"CFD No. 99-1" means City of Chula Vista Community Facilities District No. 99-1 (Otay
Ranch).
"City" means the City of Chula Vista
"Council" means the City Council of the City, acting as the legislative body of CFD No.
99-1.
"Commercial Property" means all Assessor's Parcels of Developed Property for which a
building permit(s) was issued for a non-residential use, excluding Community Purpose
Facility Property.
"Community Purpose Facility Property" means all Assessor's Parcels of Developed
Property which are classified as community purpose facilities and meet the requirements of
City ofChula Vista Ordinance No. 2452.
"County" means the County of San Diego.
City ofChu/a Vista
Community Facilities District No. 99-1
'1
March /6. /999
Page :2
.
.
.
"Developed Property" means. for each Fiscal Year, all Taxable Property. exclusive of
Taxable Property Owner Association Property for which a building permit for new
construction was issued prior to April I of the prior Fiscal Year.
"
,
j
"Development Projection" means an annual calculation for each Planning Area of CFD
No. 99-1 of: (i) the number and total Residential Floor Area of existing dwelling units of
Residential Property, the number of existing Acres of Commercial Property, and the
number of existing Acres of Community Purpose Facility Property, and (ii) a projection of
all future development, including the acreage, projected number of residential dwelling
units, projected Residential Floor Area, projected Commercial Property Acres, projected
Community Purpose Facility Property Acres, and an absorption schedule for all future
development within CFD No. 99-1. The Development Projection shall be dated as of April
I and prepared each Fiscal Year by the Master Developer. Upon submittal, the CFD
Administrator shall review, modify if necessary, and approve the Development Projection.
If the Development Projection is not received by the CFD Administrator on or before May
I, the CFD Administrator shall then prepare or cause to be prepared a Development
Projection.
]
]
]
"Final Residential Subdivision" means a subdivision of property created by recordation
of a final map, parcel map, or lot line adjustment, approved by the City pursuant to the
Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation
of a condominium plan pursuant to California Civil Code 1352 that creates individual lots
for which residential building permits may be issued without further subdivision of such
property.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Indenture" means the indenture, fiscal agent agreement, trust agreement, resolution or
other instrument pursuant to which Bonds are issued, as modified, amended and/or
supplemented from time to time, and any instrument replacing or supplementing the same.
"Land Use Class" means any of the classes listed in Tables 1,2 and 3 of Section C.
"Master Developer" means the owner or owners of the predominant amount of
Undeveloped Property in CFD No. 99-1.
]
1
]
"Maximum Annual Special Tax" means the maximum annual Special Tax., determined in
accordance with the provisions of Section C below, that may be levied in any Fiscal Year
on any Assessor's Parcel of Taxable Property.
"Occupied Residential Property" means all Assessor's Parcels of Residential Property
which have closed escrow to an end user.
"Outstanding Bonds" means all Bonds which remain outstanding.
j
City of ChuJa Vista
Community Facilities District No. 99-1
!G
March J 6. J 999
Page 3
I
j
. J
j,
I
--
~
J
J
,
!
D
J
]
....
J
-
--l
]
]
J
J
1\
J
]
"Planning Areas" means those areas shov.'I1 on Exhibit B. Minor adjustments in the
boundaries of the Planning Areas may be made by the CFD Administrator to conform to
the tentative and final maps approved for these areas.
"Property Owner Association Property" means any property within the boundaries of
CFD No. 99-1 owned by or dedicated to a property owner association, including any
master or sub-association.
"Proportionately" means for Developed Property that the ratio of the actual Special Tax
levy to the Maximum Annual Special Tax is equal for all Assessor's Parcels of Developed
Property within CFD No. 99-1. For Undeveloped Property, "Proportionately" means that
the ratio of the actual Special Tax levy per Acre to the Maximum Annual Special Tax per
Acre is equal for all Assessor's Parcels of Undeveloped Property within CFD No. 99-1.
"Public Property" means any property within the boundaries of CFD No. 99-1 that is used
for rights-of-way or any other purpose and is owned by or dedicated to the federal
government, the State of California, the County, the City or any other public agency.
"Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit has been issued for purposes of constructing one or more residential
dwelling units.
"Residential Floor Area" means a11 of the square footage of living area within the
perimeter of a residential structure, not including any carport, walkway, garage, overhang,
patio, enclosed patio, or similar area. The determinlltion of Residential Floor Area shall be
made by reference to appropriate records kept by the City's Building Department.
Residential Floor Area will be based on the building permit(s) issued for each dwelling unit
prior to it being classified as Occupied Residential Property, and shall not change as a
result of additions or modifications made after such classification as Occupied Residential
Property .
"Special Tax" means the: (i) annual special tax to be levied in each Fiscal Year on each
Assessor's Parcel of Taxable Property to fund the Special Tax Requirement pursuant to
Section D, and (ii) the Backup Special Tax that may be required as a result of changes in
development.
"Special Tax Requirement" means that amount required in any Fiscal Year for CFD No.
99-1 to: (i) pay annual debt service on all Outstanding Bonds as defined in Section A.; (ii)
pay periodic costs on the Bonds, including but not limited to, credit enhancement and
rebate payments on the Bonds; (iii) pay Administrative Expenses; (iv) pay any amounts
required to establish or replenish any reserve funds for all Outstanding Bonds in
accordance with the Indenture; (v) and pay directly for acquisition and/or construction of
which are authorized to be financed by CFD No. 99-1; (vi) less a credit for Available
Funds.
"State" means the State of California
City of Chula Vista
Community Facilities District No. 99-1
March 16. 1999
Page 4
I
. I
r
.
r
,
j
]
]
J
. J
] B.
]
.
1
I
.
,
j
]
. ]
1
:1
.i
I
~
!
~Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No.
99-1 which are not exempt from the Special Tax pursuant to law or Section F below.
"Taxable Property Owner Association Property" means all Assessor's Parcels of
Property Owner Association Property that are not exempt pursuant to Section F below.
"Trustee" means the trustee, fiscal agent, or paying agent under the Indenture.
"Undeveloped Property" means, for each Fiscal year, all Taxable Property not classified
as Developed Property or Taxable Property Owner Association Property.
"Zone A" applies only to Developed Property, and means a specific geographic location
known as the Village One area as depicted in Exhibit A attached herein.
"Zone B" applies only to Developed Property, and means a specific geographic location
known as the Village Five area as depicted in Exhibit A attached herein.
"Zone C" applies only to Developed Property, and means a specific geographic location
known as the Village One West area as depicted in Exhibit A attached herein.
ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within CFD No. 99-1 shall be classified as
Developed Property, Taxable Property Owner Association Property, or Undeveloped
Property, and shall be subject to the levy of annual Special Taxes determined pursuant to
Sections C and D below. Developed Property shall further be assigned to Zone A, Zone B,
or Zone C.
The Maximum Annual Special Tax for Residential Property shall be based on the
Residential Floor Area of the dwelling units located on the Assessor's Parcel. The
Maximum Annual Special Tax for Commercial Property and Community Purpose Facility
Property shall be based on the Acreage of the Assessor's Parcel.
c.
MAXIMUM ANNUAL SPECIAL TAX RATE
1. Developed Property
The Maximum Annual Special Tax for each Land Use Class of Developed Property
within Zone A, Zone B, or Zone C shall be the amount shown in Tables 1,2 and 3
below:
City ofChula Vista
Community Facilities District No. 99-1
/~
March 16. 1999
Page 5
..
T
I
,
.
"
....
)
J
]
J
o
~
..1
...l.....
r
r
,,J
~
~
~
I
j
j
TABLE 1
Maximum Annual Special Tax for Developed Property in Zone A
Community Facilities District No. 99-1
Land Use I
Class Description Maximum Annual Special Tax
1 Residential Property $.26 per square foot of Residential
Floor Area
2 I Commercial Property $1,600 per Acre
3 I Community Purpose Facility Property $400 per Acre
TABLE 2
Maximum Annual Special Tax for Developed Property in Zone B
Community Facilities District No. 99-1
Land Use I
Class Description Maximum Annual Special Tax
I Residential Property $.42 per square foot of Residential
Floor Area
2 Commercial Property I $1,600 per Acre
~ Community Purpose Facility Property I $400 per Acre
.)
TABLE 3
Maximum Annual Special Tax for Developed Property in Zone C
Community Facilities District No. 99-1
Land Use
Class Description Maximum Annual Special Tax
1 I Residential Property $.57 per square foot of Residential
Floor Area
2 Commercial Property $1,600 per Acre
~ Community Purpose Facility Property $400 per Acre
.)
2. Undeveloped Property and Taxable Property Owner Association Property
The Maximum Annual Special Tax for each Assessor's Parcel classified as
Undeveloped Property and Taxable Property Owner Association Property shall be
$_ per Acre.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 1999-2000 and for each following Fiscal Year, the Council
shall determine the Special Tax Requirement and shall levy the Special Tax until the
amount of Special Taxes equals the Special Tax Requirement. The Special Tax shall be
levied each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on each Assessor's Parcel of
City ofChuJa Vista
Community Facilities District No. 99-1
/3
March 16. J 999
Page 6
'"
r
r
...
I
I
J
J
I
. J
i
J
I
,
I
]
. ~
I
,
J
~
,..J
i.,
.J
. j
J
1
. 1
1
-il
.J
'I
...
Developed Propeny within Zone A, Zone B, or Zone C at up to 100% of the applicable
Ma;ximum Annual Special Tax to satisfy the Special Tax Requirement.
Second; If additional monies are needed to satisfy the Special Tax Requirement after the
first step has been completed, the Special Tax shall be levied Proponionately on each
Assessor's Parcel of Undeveloped Property at up to 100% of the Maximum Annual Special
Tax for Undeveloped Property.
Third: If additional monies are needed to satisfy the Special Tax Requirement after the
first two steps have been completed, then the Special Tax shall be levied Proportionately on
each Assessor's Parcel of Taxable Property Owner Association Property at up to the
Maximum Annual Special Tax for Taxable Property Owner Association Property.
Notwithstanding the above, under no circumstances will the Special Tax levied against..any_
Assessor'-s'Parcel'of.Occupied ,Residential-Property be increased by. more than ten percent.. .
per year as.a consequence of delinquency or default in the payment of Special Taxes by the
owner orany other Assessor's Parcel ofCFD No. 99-1.
E. BACKUP SPECIAL TAX
The following definitions apply to this Section E;
"Actual Average Special Tax Per Unit" means, for each Planning Area, the Actual
Special Tax Revenue divided by the sum of the number of units included in any current
building permit application(s) plus the number of units within such Planning Area for
which building permits have previously been issued, Any building permits issued after an
Assessor's Parcel has been classified as Occupied Residential Property shall not be
included in determining the Actual Average Special Tax Per Unit,
"Actual Special Tax Revenue" means, for each Planning Area, the sum of the total
Residential Floor Area shown on any current building permit application(s) plus the total
Residential Floor Area from any previously issued building permits within the Planning
Area multiplied by the applicable Maximum Annual Special Tax. Any building permits
issued after an Assessor's Parcel has been classified as Occupied Residential Property shall
not be included in determining the Actual Special Tax Revenue.
"Backup Special Tax Fund" means, for each Planning Area, the fund or account
identified in the Indenture to hold Backup Special Tax payments received from property
owners within such Planning Area.
"Expected Special Tax Revenue" means, with respect to each Planning Area, the amount
shown in the column so labeled in Tables 4, 5, and 6.
"Required Average Special Tax Per Unit/Acre" means, for each Planning Area, the
Expected Special Tax Revenue divided by the total expected number of dwelling units or
non-residential Acres (as applicable) expected to be developed within the Planning Area. as
Ciry ofChuJa VisIa
Communiry Facilities District No. 99-/
It
March J 6. /999
Page 7
..
I
[
I
~
1
I
I
I
determined by the CFD Administrator based on tentative maps, Final Residential
Subdivision maps, the Development Projection, and all other relevant information available
to the CFD Administrator. In cases where residential and non-residential property are both
included within a Planning Area, the CFD Administrator may adjust the Required Average
Special Tax Per Unit/Acre as necessary.
"Share of Annual Debt Service" means, for each Planning Area, the maximum annual
debt service on the Bonds multiplied by that Planning Area's percentage of the total
Special Tax revenue, as shown in Tables 4, 5, and 6 below. A Planning Area's Share of
Annual Debt Service shall be adjusted to reflect any prepayments within that Planning
Area.
L Expected Development and Special Tax Revenues
I
I
I
I
I
I
I
I
~
I
!
I
Tables 4, 5, and 6 below identifY the amount of development and Special Tax
revenue that is currently expected from each Planning Area in Zone A, Zone B or
Zone C. Tables 4, 5, and 6 may be revised by the CFD Administrator if the
Planning Area boundaries are modified.
Ciry ofChula Vista
Community Facilities Dislrict No. 99-1
/5
March 16. 1999
Page 8
- -.
---'
0
~ -
~
~ -
.......
'- ..
o
o --'
,
-L
..,...
-"-,
i
...
J
OJ
J
J
oj
TABLE 4
Expected Development and Special Tax Revenue by Planning Area within Zone A
Community Facilities District No. 99-1
NUMBER EXPECTED
OF TOTAL SPECIAL PERCENT
PLANNING EXPECTED UNITS/ RESIDENTIAL TAX OF TOTAL
AREA PRODUCT TYPE ACRES FLOOR AREA REVENUE REVENUE
R-l Residential Property 86 units 269,868 $70,166 6.10%
R-2 Residential Property 53 units 107,908 28,056 2.44%
R-4 Residential Property 94 units 247,878 64,448 5.60%
R-5 Residential Property 43 units 106,296 27,637 2.40%
R-6 Residential Property 77 units 190,344 49,489 4.30%
R-7 Residential Property 131 units 411,078 106,880 9.29%
R-8 Residential Propetty 61 units I 124,196 32,291 2.81%
I R-9 Residential Property 74 units 182,928 47,561 I 4.13%
i R-I0 Residential Propetty 123 units 324,351 84,331 7.33%
R-12 Residential Propetty 83 units I 168,988 I 43,937 3.82%
R-13 Residential Property 88 units 146,256 38,027 3.300/0
R-14 Residential Propetty 139 units 215,589 56,053 4.87%
R-15 Residential Property 464 units 464,000 120,640 10.48%
R-16 Residential Property 115 units 178,365 46,375 I 4.03%
R-17 Residential Property 99 units 201,564 52,407 4.55%
R-18 Residential Property 74 units 122,988 31,977 2.78%
R-19 Residential Propetty 204 units 204,000 53,040 4.61%
R-20 Residential Property 160 units 160,000 41,600 3.62%
R-21 Residential Property 168 units 168,000 43,680 3.80%
R-47 Residential Property 174 units 174,000 45,240 3.93%
R-48 Residential Property 97 units 197,492 51,348 4.47%
C-1 Commercial Property 8.1 Acres N/A 12,960 1.13%
CPF-l Community Purpose 1.5 Acres N/A 600 0.05%
Facility Propetty
CPF-2 Community Purpose 4.5 Acres N/A 1,800 0.16%
Facility Propetty
TOTAL 2.607 units $1.150.543 100.00%
City ofChula Vista
Community Facilities District No. 99-1
/0
March 16, 1999
Page 9
--'
.
I
J
TABLE 5
Expected Development and Special Tax Revenue by Planning Area within Zone B
Community Facilities District No. 99-1
NUMBER EXPECTED
OF TOTAL SPECIAL PERCENT
PLANNING EXPECTED UNlTS/ RESIDENTIAL TAX OF TOTAL
AREA PRODUCT TYPE ACRES FLOOR AREA REVENUE REVENUE
R-25 Residential Property 48 units 150,624 $63,262 7.38%
R-26 Residential Property 52 units 137,124 57,592 6.71%
R-27 Residential Property 37 units 75,332 31,639 3.69%
R-28 I Residential Property 56 units 93,072 39,090 4.56%
R-29 I Residential Property 83 units 128,733 54,068 6.30%
R-30 I Residential Property 119 units 197,778 83,067 9.69%
R-31 I Residential Property 71 units 144,556 60,714 7.08%
R-32 I Residential Property 105 units I 259,560 109,015 12.71%
I R-33 Residential Propeny 47 units I 123,939 52,054 6.07%
R-34 Residential Property 35 units I 92,295 38,764 4.52%
R-35 Residential Property 36 units I 112,968 47,447 5.53%
R-36 Residential Property 62 units 153,264 64,371 7.51%
R-37 Residential Propeny 60 units I 99,720 41,882 4.88%
R-38 Residential Property 43 units I 87,548 36,770 4.29%
R-39 I Residential Property 182 units 182,000 76,440 8.91%
CPF-5 Community Purpose 3.6 acres N/A 1,440 0.17%
Facility Property
TOTAL I 1.036 units $857.615 100.00%
City of Chu/a Vista
Community Facilities District No. 99-/
/1
March /6. /999
Page /0
TABLE 6
Expected Development and Special Tax Revenue by Planning Area within Zone C
Community Facilities District No. 99-1
.
NUMBER EXPECTED
OF TOTAL SPECIAL PERCENT
PLANNING EXPECTED UNITS/ RESIDENTIAL TAX OF TOTAL
AREA PRODUCT TYPE ACRES FLOOR AREA REVENUE REVENUE
R-49A Residential Property 88 units 179,168 $102,126 9.28%
R-50 Residential Property 86 units 212,592 121,177 11.01%
R-51A Residential Property 66 units 174,042 99,204 9.01%
R-52A Residential Property 69 units I 216,522 123,418 11.21%
R-53 Residential Property 36 units I 112,968 64,392 5.85%
R-54A Residential Property 9 units I 18,324 10,445 0.95%
R-55 Residential Property I 57 units I 116,052 66,150 6.01%
R-56 Residential Property 77 units I 169,400 96,558 8.77%
R-57 Residential Property I 22 units I 54,384 30,999 2.82%
R-58 Residential Property 102 units I 320,076 182,443 16.57%
R-59 Residential Property 55 units 145,035 82,670 7.51%
R-60 Residential Property 86 units 212,592 121,177 11.01 %
TOTAL 753 units $1.1 00.759 100.00%
2. Calculation of Required Average Special Tax Per Unit/Acre
At the time the first building permit application for a Planning Area is submitted to
the City, the CFD Arlmini"lrator sba1l calculate the Required Average Special Tax
Per Unit/Acre.
3. Backup Special Tax due to Loss ofUoits/Acres
If at any time after the Required Average Special Tax Per Unit/ Acre has been
calculated initially for a Planning Area, the crn Administrator determines that
based on tentative maps, Final Residential Subdivision maps, the Development
Projection, and any other available information there has been a reduction in the
total expected number of dwelling units or non-residential Acres within that
Planning Area, then a Backup Special Tax payment sba1l be required for each lost
unit or Acre prior to the issuance of any additional building permits or the
recordation of any additional fina1 maps for such Planning Area.
4. Backup Special Tax due to Loss of ResidentiaJ Floor Area
.
For Planning Areas that include Residential Property, before each building permit
(or group of permits) is issued, the CFD Administrator shall calculate the Actual
Average Special Tax Per Unit for the Planning Area. If the Actual Average Special
Tax Per Unit is less than the Required Average Special Tax Per Unit then a Backup
City ofChula Vista
Community Facilities District No. 99-1
/5
March 16. 1999
Page I I
Special 1ax payment will be required prior to issuance of the building permit(s)
included within the calculation.
5. Calculation of Backup Special Tax
The Backup Special Tax payment amount will be calculated using the prepayment
formula described in Section 1.1, with the following exceptions: (i) if the Backup
Special Tax is required as a result of Section E.3, then the amount used in
Paragraph No.1 of the prepayment formula described in Section I.1 shall equal the
number of lost units or Acres, as applicable, times the Required Average Special
Tax Per Unit! Acre; (ii) if the Backup Special Tax is required as a result of Section
E.4, then the amount used in Paragraph No. 1 of the prepayment formula described
in Section I.1 shall equal the difference between the Acrual Average Special Tax
Per Unit and the Required Average Special Tax Per Unit times the sum of the
number of units for which permits are being issued plus the number of units within
the Planning Area for which building permits have previously been issued. The
amount determined pursuant to the preceding sentence shall be reduced by the
balance in the Backup Special Tax Fund that has been established for such Planning
Area; (iii) in Paragraph No. 7 of the prepayment formula described in Section I.1,
compute the amount needed to pay interest on the Bond Redemption Amount until
the first redemption date that occurs after five years from the date of the first
Backup Special Tax payment in the Planning Area; (iv) any Backup Special Tax
payments received for a Planning Area (less Administrative Fees and Expenses)
shall be deposited into the Backup Special Tax Fund for that Planning Area and
disbursed pursuant to the Indenture; and (v) the Maximum Annual Special Taxes
applicable to property within a Planning Area shall not be reduced or relieved as a
result of payment of the Backup Special Tax.
6. UseJRelease of Backup Special Tu Payments
When a Planning Area reaches full buildout (i.e. all expected building pennits have
been issued), the CFD Administrator shall calculate the acrual Developed Property
Maximum Annual Special Tax revenues that will be generated from such Planning
Area If the actual Developed Property Maximum Annual Special Tax revenues are
greater than or equal to 1.1 times that Planning Area's Share of Annual Debt
Service, the balance in the Backup Special Tax Fund shall be returned to the payer.
If Backup Special Taxes have been paid by more than one entity, the amount of
Backup Special Taxes returned to each payer shall be in proportion to the amount
paid by each entity. If the acrual Developed Property Maximum Annual Special
Tax revenues are less than 1.1 times that Planning Area's Share of Annual Debt
Service, then to the extent necessary to generate 110% coverage, the balance in the
Backup Special Tax Fund shall be used to redeem bonds on the next available
redemption date. Any moneys remaining in Backup Special Tax Fund shall be
returned to the payer. If a Planning Area has not reached full buildout within five
years after the first payment of Backup SpecIal Taxes for such Planning Area, then
(
City of Chula Visla
Community Facilities Dislricl No. 99-1
/9
March 16. 1999
Page 12
.
all moneys in the Backup Special Tax Fund shall be used to redeem bonds on the
next available redemption date.
F.
EXEMPTIONS
No Special Tax shall be levied on: up to _ Acres of Property Owner Association
Property and Public Property. Tax-exempt status will be irrevocably assigned by the CFD
Administrator in the chronological order in which property becomes Property Owner
Association Property or Public Property.
.
After the limit of: _ exempt Acres has been reached, the Maximum Annual Special Tax
obligation for any additional Public Property shall be prepaid in full by the seller pursuant
to Section I.1, prior to the transfer/dedication of such property.
Property Owner Association Property that is not exempt from Special Taxes under this
section shall be subject to the levy of the Special Tax and shall be taxed Proportionately as
part of the third step in Section D above, at up to 100% of the Maximum Annual Special
Tax for Taxable Property Owner Association Property.
G. REVIEW/APPEAL COMMIITEE
The Council shall establish as part of the proceedings and administration ofCFD No. 99-1
a special three-member Review/Appeal Committee. Any landowner or resident who feels
that the amount of the Special Tax levied on their Assessor's Parcel is in error may file a
written notice with the Review/Appeal Committee appealing the amount of the Special Tax
levied on such Assessor's Parcel. The Review/Appeal Committee may establish such
procedures as it deems necessary to undertake the review of any such appeal. The
Review/Appeal Committee shall interpret this Rate and Method of Apportionment and
make determinations relative to the annual administration of the Special Tax and any
landowner or resident appeals, as herein specified. The decision of the Review/ Appeal
Committee shall be final and binding as to all persons.
H. MANNER OF COLLECI10N
The annual Special Tax shall be collected in the same manner and at the same time as
ordinary ad valorem property taxes; provided, however, that CFD No. 99-1 may directly
bill the Special Tax, may collect Special Taxes at a different time or in a different manner
if necessary to meet its financial obligations, and may covenant to foreclose and may
actually foreclose on Assessor's Parcels which are delinquent in the payment of Special
Taxes.
.
Tenders of Bonds may be accepted for payment of Special Taxes upon the terms and
conditions established by the Council pursuant to the Act. However, the use of Bond
tenders shall only be allowed on a case-by~ase basis as specifically approved by the
Council.
City of Chula Vista
Community Facilities District No. 99-1
,,-'-;/7
cX-U
March 16. 1999
Page 13
I. PREPA YMENT OF SPECIAL TAX
The following definitions apply to this Section I:
"CFD Public Facilities" means either $_ million in 1999 dollars, which shall increase
by the Construction Inflation Index on July I, 2000, and on each July I thereafter, or such
lower number as (i) shall be determined by the CFD Administrator as sufficient to provide
the public facilities under the authorized bonding program for CFD No. 99-1, or (ii) shall
be determined by the Council concurrently with a covenant that it will not issue any more
Bonds to be supported by Special Taxes levied under this Rate and Method of
Apportionment as described in Section D.
"Construction Fund" means an account specifically identified in the Indenture to hold
funds which are curre'ntly available for expenditure to acquire or construct public facilities
eligible under~
-.~....,
"Construction Inflation Index" means the annual percentage change in the Engineering
News-Record Building Cost Index for the City of Los Angeles, measured as of the calendar
"'ye hich ends in the previous Fiscal Year. In the event this index ceases to be published,
the Construc' Index-srnul be another index as determined by the CFD
Administrator that is reasonably comparable to the Engineering News-Record Building Cost
Index for the City of Los Angeles.
"'Future Facilities Costs" means the CFD Public Facilities minus public facility CoSTS
available to be funded through existing construction or escrow accounts or funded by the
Outstanding Bonds as defined in Section A., minus public facility costs funded by interest
earnings on the Construction Fund actually earned prior to the date of prepayment, and
minus public facilities costs paid directly with Special Taxes.
"'Outstanding Bonds" means all previously issued Bonds which will remain outstanding
after the first interest and/or principal payment date following the current Fiscal Year.
excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of
Maximum Annual Special Taxes.
1. Prepayment in Full
The Maximum Annual Special Tax obligation may only be prepaid and permanently
satisfied by an Assessor's Parcel of Developed Property, Undeveloped Property for which a
building permit has been issued, or Public Property. The Maximum Annual Special Tax
obligation applicable to such Assessor's Parcel may be fully prepaid and the obligation of
the Assessor's Parcel to pay the Special Tax permanently satisfied as described herein:
provided that a prepayment may be made only if there are no delinquent Special Taxes with
respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor'siParcel intending to prepay the Maximum Annual Special Tax obligation shall provide the
CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of
such written notice, the CFD Administrator shall notify such owner of the prepayment
City ofChula Vista
Community Facilities District No. 99-1
March 16. 1999
Page /.J
.
.
amount of such Assessor' s Parcel. The CFD Administrator may charge a reasonable fee for
providing this figure. Prepayment must be made not less than 45 days prior to the next
occurring date that notice of redemption of Bonds from the proceeds of such prepayment
may be given to the Trustee pursuant to the Indenture.
The Prepayment Amount (defined below) shall be calculated as summarized below
(capitalized terms as defined below):
Bond Redemption Amount
.
plus
plus
plus
plus
less
less
Total: equals
Redemption Premium
Future Facilities Amount
Defeasance Amount
Administrative Fees and Expenses
Reserve Fund Credit
Caoitalized Interest Credit
Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be
calculated as follows:
Paragraph No.:
1. For Assessor's Parcels of Developed Property, compute the Maximum Annual
Special Tax for the Assessor's Parcel to be prepaid. For Assessor's Parcels of
Undeveloped Property to be prepaid, compute the Maximum Annual Special Tax for
that Assessor's Parcel as though it was already designated as Developed Property,
based upon the building permit which has already been issued for that Assessor's
Parcel. ,For Assessor's Parcels of Public Property to be prepaid, compute the
Maximum Annual Special Tax for that Assessor's Parcel.
2. Divide the Maximum Annual Special Tax computed pursuant to paragraph 1 by the
sum of the total expected Special Tax revenues in Tables 4, 5, and 6 in Section E.,
excluding any Assessor's Parcels which have been prepaid.
.
3. Multiply the quotient computed pursuant to paragraph 2 by the Outstanding Bonds to
compute the amount of Outstanding Bonds to be retired and prepaid (the "Bond
Redemption Amounf').
4. Multiply the Bond Redemption Amount computed pursuant to paragraph 3 by the
applicable redemption premium, if any, on the Outstanding Bonds to be redeemed
(the "Redemption Premium'').
5. Compute the Future Facilities Costs.
City of Chula Visla
Community Facilities District No. 99-1
o
March /6, /999
Page /5
6
Multiply the quotient computed pursuant to paragraph 2 by the amount determined
pursuant to paragraph 5 to compute the amount of Future Facilities Costs to be
prepaid (the "Future Facilities Amount").
(
10. Compute the minimum amount the CFD Administrator reasonably expects to derive
from the reinvestment of the Prepayment Amount less the Future Facilities Amount
and the Administrative Fees and Expenses from the date of prepayment until the
redemption date for the Outstanding Bonds to be redeemed with the prepayment.
7. Compute the amount needed to pay interest on the Bond Redemption Amount from
the first bond interest and/or principal payment date following the current Fiscal Year
until the earliest redemption date for the Outstanding Bonds.
8. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel.
9. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal
Year which have not yet been paid.
11. Add the amounts computed pursuant to paragraphs 7 and 9 and subtract the amount
computed pursuant to paragraph 10 (the "Defeasance Amount").
12. VerifY the administrative fees and expenses ofCFD No. 99-1, including the costs of
computation of the prepayment, the costs to invest the prepayment proceeds, the costs
r of redeeming Bonds, and the costs of recording any notices to evidence the
prepayment and the redemption (the "Administrative Fees and Expenses).
13. The reserve fund credit (the "Reserve Fund Credif') shall equal the lesser of: (a) the
expected reduction in the reserve requirement (as defined in the Indenture), if any,
associated with the redemption of Outstanding Bonds as a result of the prepayment,
or (b) the amount derived by subtracting the new reserve requirement (as defined in
the Indenture) in effect after the redemption of Outstanding Bonds as a result of the
prepayment from the balance in the reserve fund on the prepayment date, but in no
event shall such amount be less than zero.
I
.
14. If any capitalized interest for the Outstanding Bonds will not have been expended at
the time of the first interest and/or principal payment following the current Fiscal
Year, a capitalized interest credit shall be calculated by multiplying the quotient
computed pursuant to paragraph 2 by the expected balance in the capitalized interest
fund after such first interest and/or principal payment (the "Capitalized Interest
Credit'').
<<
City ofChula Vista
Community Facilities District No. 99-1
:2b2-
March 16. 1999
Page 16
15. The Maximum Annual Special Tax prepayment is equal to the sum of the amounts
computed pursuant to paragraphs 3, 4, 6, II and 12, less the amounts computed
pursuant to paragraphs 13 and 14 (the "PrepaymentAmount").
(
;,~
,,"
16. From the Prepayment Amount. the amounts computed pursuant to paragraphs 3, 4,
1 ]. 13 and 14 shall be deposited into the appropriate fund as established under the
Indenture and be used to retire Outstanding Bonds or make debt service payments.
The amount computed pursuant to paragraph 6 shall be deposited into the
Construction Fund. The amount computed pursuant to paragraph 12 shall be retained
by CFD No. 99-1.
The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of
Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be
retained in the appropriate fund established under the Indenture to be used with the next
prepayment of bonds or to make debt service payments.
As a result of the payment of the current Fiscal Year's Special Tax levy as determined
under paragraph 9 (above), the CFD Administrator shall remove the current Fiscal Year's
Special Tax levy for such Assessor's Parcel from the County tax rolls. With respect to any
Assessor's Parcel that is prepaid, the Board shall cause a suitable notice to be recorded in
compliance with the Act, to indicate the prepayment of Special Taxes and the release of the
Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor' s Parcel to
pay the Special Tax shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the
amount of Maximum Annual Special Taxes that may be levied on Taxable Property within
CFD No. 99-1 both prior to and after the proposed prepayment is at least 1.1 times the
maximum annual debt service on all Outstanding Bonds.
Tenders of Bonds in prepayment of Maximum Annual Special Taxes may be accepted
upon the terms and conditions established by the Council pursuant to the Act. However,
the use of Bond tenders shall only be allowed on a case-by-case basis as specifically
approved by the Council.
2. Prepayment in Part
The Maximum Annual Special Tax on an Assessor's Parcel of Developed Property or an
Assessor's Parcel of Undeveloped Property for which a building permit has been issued
may be partially prepaid. The amount of the prepayment shall be calculated as in Section
I. I; except that a panial prepayment shall be calculated according to the following formula:
PP = PE X F
These terms have the following meaning:
.
pp = the partial prepayment
PE = the Prepayment Amount calculated according to Section I.I
F = the percent by which the owner of the Assessor's Parcel(s) is panially prepaying the
Maximum Annual Special Tax.
CiTy ofChula Vista
Community Facilities District No. 99-1
:<3
March 16. 1999
Page 17
The owner of an t\ssessor's Parcel who desires to partially prepay the Maximum Annual
Special Tax shall notify the CFD Administrator of (i) such owner's intent to partially
prepay the Maximum Annual Special Tax, (ii) the percentage by which the Maximum
Annual Special Tax shall be prepaid, and (iii) the company or agency that will be acting as
the escrow agent, if applicable. The CFD Administrator shall provide the owner with a
statement of the amount required for the partial prepayment of the Maximum Annual
Special Tax for an Assessor's Parcel within 30 days of the request and may charge a
reasonable fee for providing this service.
With respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute
the funds remitted to it according to Paragraph 16 of Section 1.I, and (ii) indicate in the
records of CFD No. 99-1 that there has been a partial prepayment of the Maximum Annual
Special Tax and that a ponion of the Maximum Annual Special Tax equal to the
outstanding percentage (1.00 - F) of the remaining Maximum Annual Special Tax shall
continue to be authorized to be levied on such Assessor's Parcel pursuant to Section D.
J. TERM OF MAXIMUM ANNUAL SPECIAL TAX
The Maximum Annual Special Tax shall be levied commencing in Fiscal Year 1999-2000
to the extent necessary to fully satisfy the Special Tax Requirement for a period no longer
than the 2034-2035 Fiscal Year.
I
.
(
City of Chu/a Vista
Cummunity Facilities District No. 99-1
cQf
March /6. /999rPage /8
r
.
.
..
. Estimated
Completion
Date
3/9/99
.
April 1999
April 1999
.
J
April 1999
April 1999
May 1999
May 1999
June 1999
June 1999
.
June 1999
July 1999
July 1999
August 1999
August 1999
August 1999
August 1999
.
TABS
Proposed CFD 99-1 Timeline
Item Description
Hold CFD kick-offmeeting.
Start Appraisal and Market Study.
Complete Joint Community Facilities Agreement ("JCF A")
between the City ofChula Vista, the Otay Water District, and
TOCR, if required.
Docket JCF A for the Otay Water District Board meeting.
Otay Water District Board approves JCF A.
Docket JCF A and ROI for City of Chula Vista Council
meeting.
City of Chula Vista Council approves JCF A and ROL ROI
would include:
. CFD boundary map
· List of authorized public improvements
· Special Tax formula
Complete Acquisition Agreement.
Docket Resolution of Formation documents, including
Acquisition Agreement.
City of Chula Vista Council holds CFD public hearing.
Council approves Resolution of FOnllation documents and
acquisition agreement.
Complete preliminary Official Statement and appraisal.
Docket Preliminary Official Statement and Resolution of
Issuance documents for the City of Chula Vista Council
meeting.
City of Chula Vista Council approves Preliminary Official
Statement and Resolution ofIssuance documents.
Finalize Official Statement.
Price CFD bonds.
CFD bond closing.
']--"
cx.~
E ~ ......""<0.... N 0:00."._ M ~
O....CI00 ~. .............0 '" ~
'@] (Jlo/)("\oCl) ~ (01:")"'<') ~
'E __om......"_- o. .,.; <D f"'; >r; ~. :!:-
c H ~e:::: N. _<"1........
'" ~ "''''_0:'') N. ~.
C _ ~ ~ ~
Oe- M M,
U
'0 - f"'lCOU)CIO M' (0 CO.., CC . ~
0- "'<0"'-00 . C'.IN..,.o> CO "";
~ N ~ ~ COCl'>MC") ~. 1otl........M M_ OO
.. = CD 0 :!--:."cic:; <D~' r..jr.io-.r" ~-
- ~ii::E . N"'_N, ",. M'
'iO; o.CN ~ ~ ~ M _.
. --
0 U - I:
<
'" ""''''''''lD 0 "'I'll) Cl a) .. ~
0 ..
.. a . MN.....<C 0'. :~8~, ~, ~.,
~ z:."C if llOaI...-.." co'! N. co~:'
iiii -- II) C 01 ~~(Jl-o): IO~I 'iro'~COI ~:! N:;"
'D, e ;.z ... r'lC")__' 2'1 ......N.,,'
0 ~ ~ - N': M,
0: u ';0:: =- _.' ..' MJ..
0: , "
"'I ., 1<'
, "" co:
aa: -g ~ W; ...."....0> on:1 ......f")It'IIQ' -'.
oo: CD<coonr ;::~ cnCOlnN' ....." ~.
i M..._......, 0"0<0. ;::'1 CJl_'I!
01 "0 ~o:E~: "':aim-ol .,,"11 ~~~8i ~'I
! ..., ~ ~....~' ......MMI ::::~ N, "',.
Ut NN__I r'lll)_..., "', N',
CD 00>, - -'I - -~I N";il
! ;:cc:io, I' .., -1:1
_ M' , I: ,',
x 0'><0....0> 0" .....OOlIl). ~. oj!:
~ U)""_IQ oo,' MCl'>OCl'> N' -II'
. ......=-- cn~, COlonM...' ~, .....J!I
..... E ~~=::: --~.N: M'
'00 .
> ~, P)...,_MI N a:H'
--... . ~ -, - -
ua: -."
.- <fl.#-;!!.#. #;ft;ft.;;;.
'iiiiioQ) ~
'" .::;Ja::#E~- or--...Cl'> .".fIOC.".
'2)( ms;t::'" OCJlCl'>CIO =~OCl'>
iii N___ --("\oj-
,<( 18 "'_ t:...
>- --. -
~
< o 0"" c;D r-oor-
Z CD <Il/Zl; cocoo CDOQCO
00_..... -00_
< g -m .g~~ Lrio"f!"ir-i tricilrirri
W =Cf.lc.., C"l(Dr')O <")0)(0)1"')
COlNNN NNr;JN
..... ~
<
a: , .N~~ ,...N__ ~g;:8~
. Olr./Nr./
X '. ~ c----___ lD"".,,1lD 10,..,...."
< 1"5 c )C:.::...:...~,... fD ui": r"J' ...-lria;i...-
..... I~ ~ ~ ::.~e:-- -
~ : -++ '"
m
..c ! llL ;;:: ~
_r"Jm_
'i- C 01 CT COOIQlD M
...~ x 0(, 011 """:,11)_""."":.
0( 0 8. ~c.J ~ "'l<ej:: ..
o ~?:- o:_~ m
,.. z ... _N=, 0 0
a.. c.J cD c. ...
< m~' -
Cl I 8. lD! C IlDIQIt1CD
Z I I i.. e x ~I r:r _0100)
N r:l...._CDCO
I .. ~o ClI 1_11'1 --
8. ~I"'-
iii I c :>.~ o_~ ~
, O,:f=N:t .
0 I It c.J' c; 0
., ~~I !!.
Z I .;
0 ,., '" 10"'0>10
m iii'O )( -, . ""0010""
N I ~pg~8N~c::_g- ,...0_'""':.,...
a. .0 C iJ - :=1...._
~In. c: ::i:: 0 ...,-~
'" . E!:0(U)_u.. 8J M
0 I r:c:a. c.J .,.
I(i I _
u.. .,
l..l --. CD ~~ '" otrJ,...m
,.; U)Q)""""
1:: 1; g ci:=ll g- lD,r"J_O_1lD
., :::J Z ....--_ -
'" c:.r:. COM_
2~ coO CI.;-Q)
c(U)u.. x: C'l
"', C,) all ot)
-;: ~, ~
'01 >.~:g ~i_ ot)Or"JN MOll'lr"J
, -- !"')Q)r"J0 MOl!"')!"')
.!! al--IN r"JNNN NN!"')N
O:;:!5@- -
E ~; "'(J:lll'l..- tnm...tn
'0 !! )C: ;;;__ IQNlt'l..,. lTJNfOlO
!"')(J:lr"J0 MCDMM
c(.Q~...;.::, M'N'f:'IiN NN-riN
::: @ "
cilU:' IQ""CON CO r---IO CO
MMMlD {"JMMM
> _(COCO O(C_O
<g ("iNN''': N-N'MN
a;
~ IONMO 0': :OOl':N "" en,:i
. CD 0""0). .rill m
0 .;c...ca-tn ~',
;;; MI; .oj,:
< .!!
. .
.~ ~IOCD"'IO N. a::"" CD 10 <0 N .
<---- m NN N m ~.:;
x
5 . .
;; 1:0
-g ~ a: :0000
1(0000
,5::> 1IIu..~~u.. . 3:1.L..1.L..u..u.. . .
!::.U)cnwcn <5 "U)(t)(t)(t) <5 -0
It)._NC")... :5 .CQtDa:UD :5 --
. (D, , , . ~ ~ '01 c26
'" ctlO 10 1010 '" Cl)CD-N... '" 0
,l!! alMMc")(O) .....1011)10
=a::a:a::c:: =a: a:: a: a: .'
:> > --_:?>_.-.-.-. e,';:
Ex.~(81'T 3
CITY OF c.:::LL..I" \"1:::,<_
COMMl.:--Tn' FACn.rrn::S D15TPJCT A.P.PLlCATlO~ 1a:\'TI:V\ COMl\1::TTr:r:
A.PPUCATlO~ FOR ESV"ELI.SHJViL""T OF COMMU?\TTY FACIL."TIES D15TRJ G
OVi'J\"ERSHIP
Name oflandawn=
Oza)' Proje::!, liC and Olay Proje:::. LP. See EzizibiI "A ".
.
?i2S: des::rib: th: ov,,'Il=rship St:nL...~ of me landov:n:r (:.:..., in.i.Tviduals" i"a.uiry ::-1S_
narm=D.ip, corporation, =.). 1'l= in=lurie r-..sum:s ofk~' in:in'iduals :r-"spoI'..sible rDr
:;:naking a:::isions for lando-wn=_ ?l~ in::iuri:: ::opi:s of pa:-m=ship ~m~n:s.
a.-ri::1:s of inCorpO;EOD and byhrw~ funiTy U"U.::.""'!3., ~~_:
Set: =izibi!s '.1:"::md .. C ".
:If~:: lancio~m:r is not th:: ::ill! _l.U O~'D=r or -:n:: prup~'~ ?i~2Se prcl\'i:ie e\"ic.en~e
,::~ria=rm:: to me Cr.)' ]1,1znag:r ~;;r:' the lznnD~"Der ~~sen~ or i:2s we :::>!!s::nt of:r.t
~..."Z:.~ Dot less than 67%:~ by ar--=." 8f me prD?~' ;rropas::d to he subje::11C'l :'~e ie....y of
6e sp::=iaJ ~:-:
.
See E:::i:ibiI uD n.
PROPERTY I!\"FORMATION
List me following regarding the pro;=ry 10 be included v..ymm me proposed CDmrnn.'li:y
ra::iimes DiSIri::t :
:-;=b~ or gross a...-re5: J 072
~umD=r of gross a-;:s O~'D=d by m:-lz.no:)v.'D=: Ej 5
.
~u::nber of gross a::res O~'Iler by om=s:
:'=or ea=b p&-cel v.rithin tOe n:mDOa..;es or me proposed Communil}' ra::iirnes
Distri=r 'which is ov,'Iled ='y 2.D entiry om=:; than the iannov.'De:. pT2I\"ide '~.11e
foI1ov.'ing information:
Tne n~""TI=(s), adar-ess(est telepno:J.e number(s) 2...-10 ::an:a::t(s) 7;);- e3:n
su:n O\.l.-r.er.
.
R-J, R-4, R-7, R-JO
Shea ~t{omes Limited Parrne.-snip, Q Caitfomia limized Parln[;:-snip
JOnJ Treena S!., SIC. 200
San Diego, CA 92nJ
Rich Guslcrfson
6j9/5.:9-3j56
:::::',.v.."!h.J'JV.'S\::-~i:7,j:, _.....tl'oii::a:.ior. io:::s.2b o~ C?:J::.o::;
:;:7
R-Ci
J:im:r-r. pa=tfi=. .:::..2: ':'CC,
TP-.=i Lee.. c Calif:r.7J.i:11imized li:miliI)' =ompar:y. A JIJ.":rr.aPr.; J.::::~..'::-
85 Argo=. Sze. 2[;5
AIiso Viejo. 92656
S1~ Ewer
949/465-1655
R-8. R-3. R"12, R-13
Cen1e:I Houses.
Cent.a Real Eszme Corporation. a }ve:vada corpar:z:ior... 1:5 jI1Z1.:J;ir!f
Member
5962 La PIa::e Q., #250
Car1sbad, CA 92008
B;u:;eSloan
760/431-1211
R-9. R-J4
The .17esley Comp=rr:y.
P-.=fl Ot~'Ran=h~~a:i!Zles. LLC
P-.=! ir:srintrionci Terrrurcs. a California =O'!jJ:Jr:::io:...
MemDer
1537317muvarionIr.~ S1e. 380
San Diego. CA 92128
Larry' Smith
619/451-6300
1:'::
. .
.!l:..::m~;:r.~
R-2. R-5
Standard P=ific Crr.poraIian, a Delaware corporation
9335 Cnesapeak.e Ik.
San Diego. CA 92123
Joann Watanabe
619/292-2200
R-20
South B<ry Proj eC!
2600 Mu:helson, S;e. 250
i,pine, CA 92]62
Dm.id Green
9L9/863-]375
R-34. R-37, R-36, R-38.(portio,.s oj)
Pa:;ijic COasl Comrr..mities
3820 Valley Center Ir.ive
San Diego, CA 92]30
Ron Baldwin
6] 9/259-2960
C:',\;ThJJV.'S\DES;:'TOP~,l..D?jj::21ion fer. Es..ab o:C?:J::.oo:
"
:<f"
P_.'.v. j:-::'.J~
.
.:--owswoad - J,1~-..::;rJl=
,j!.."")' P.and, P:r:11!':~. Ll-C
4660 La Jolla Viliage Drive
Szc- 525
San Diego. C4 921:::2
.EricBeffner
6]9155.0-30iO
Tn: number of grass L~S o~ed by ::a.::b su=h O~'De:-.:
S'nea Eomes Limiwi Parmersmp: J 06.3 0
Trimark Pa..-ific: 21.6
Cemc:::Hom=36.6
T ne Presley Company: ] 6. 6
Sumtiard l' adftc Ccr.-porazior:: ~ 83
South Bay Proje:=: 6.6
P a-~ Coast Comm::zmmes: 51.7
Pr{TwS'M'ood: 13.8
.
Tn: Assessor's Parc::l Numbers for each such par...::L:
See E.:bibit .IE".
Nmnb=r of acr::s proposed for cL-vclopm= i23
Nmnb=r ofa...-res cL-vclopcd to d=., iian): 250
.
Lis:~: p.-5:sessor~s P.a.-::.:::l Numb::-s for th: JHDp:r!)':
To be provided.
3D~. jong have you O'WDea tile PTO?::Y?
Sin:;eAugust 26, ]997.
,,"na:was the pur::ilzse price you paid for the pror:n:y? Over $50 Miliion.
Have you ent::red into any option or om::r form of agr=::nt to sell all Dr a portion oj :.'Je
proper1}'? ILS J; NO. If'Y3, please des....ibe a.7aDg=ent and ar..a::h copies of
any agre:rn:n!S cies=ribing 2...72Dgement.
Lor Sales h:zve been made 10 Mercnanr Builders.
Des=ribe the existing land us: oftbe prope~-:
Appra:dm.a:ely 250 tl--rcs developed :!S residential lors. some wizh names; 7:3 -==rcs
undeveloped.
Is the p:lO?=:-::" pro?o5~d for ~sjd=n:ial d=vdo?m:::n~ comrn:::T::ial ci=velDpm~Z1:" or :':)":1/7
C:.,y;I!,L>8WS~ESK.TOPLl>..:J?ji::m.ion irr. =.sw, 0: c:::J:'.co:
:21
~SD~T.:...t..l CQJ..~R'::"'~-=- _ 3:-i-:-:-:_ ?j~~~ ;-.2.'!.~ :..~~ ~;::::-.:;:.~:
t8:aJ nu::1~ of any r::sid.=n:ial units ;rr:?o:;~d aIlS :n: ~s:h~ae~ i:1:.2..~ ;;.~:.;.c:t j:-':':Zf:~ --
::.omm::r=:ia1 d:v::lopm~l p;up:!se~..
4526 ~ unw;, B.l a:;r~ comm::r:;ial Q.."VI:.lopm::.111 and 12. i a~:n:s Communlry' :-;..-posc
Facilizy (CPF) use.
PI= am::D a copy of a business plan farm: cievelopment proposed CD the properlY?
lrifarmarion1o fonow.
Do you in=d to develop the prop::n:y yo=1."7 K 'Y =.S NO. If 'Y =.S. des=~ tile
::xp::..-r::d timing for development of the tJrop::rIy. If aVallzbl::, pl=e lis: proj::..""t::d sales by year.
listing c==ial and ~d::mia1 d...-v::1opm= s..-panu::1y.
Absuryrilm s=i;' 10 be pravided by Tne Me)='s Group.
v,'ha! is tile = of land = approvals, sub:iivision :maps and enviro=::w...al :review for w::
d::velopm= of tile prop::rry (i.e~ des=~ the = zoning and the = of any Deveioprnem
."_gr==. Sp::::mc Pians, t::zmIIive maps err final ma:ns for the properlY)ry
Se!! E::=i1.iDit ..r....
List improv== proposed to be:finan:::::d through the Co=uni!y Fa=iliries Disrri::t and thei:r
::s6=",-n cost. List the public agency 1ha1 will ov.n, op::nIt:: and maimain the improv==
when =p1::ted..
See E::::iziDit -G".
Are any public services to be financed through the proposed C=uniI)' Fa::ilities Dis::-i::".? If
so, list those s:n;ces..
_"lv-one..
Have any eXJ\wnmenw snuii:s or r::porrs b-........~ prepareD for the prop:ny?
K 'Y =.S NO. lfILS. list those :r::pOr5.
See E:=iribit "',Fr'..
.-'u"e any impa::t fees owed to the City as a condition to deveiop the prop"",'?
.x )==:s NO. If ), .=.5. pleas~ aes:::r1-n~ the type of impa=t fees, amount of the fees 2nd
when f::::s must be paid.
Suzndard Ciry of Chula Vista fees including Trar.sportaIion D(YelopmenJ Impact Fce, Park
Acquisition and D(Yelopment Fee and Public Fa::iluies D!!Velopment Imp= Fee. All Fees paid
in =ordance with City policies.
Are th= any endangered species habitars on the property? ;r YES NO. l,- 'YES.
pi::2Se idemm' tile endanf'ered species. :ies:::ibe tile location of L'lei:r habr.at(s) on the Drope",'
, .. -.. .. . .
C:'.V.op.."DO\\'S\DESKTOPLo\ppli::mion for Es-..ah ofCFD:.cio;:
~
3,0
.
a.'"1d d~5--:i~ .any :::nl:J~:Jn m~zsUT:S '~':;;'l:n mu5i: ~= :::rm:Jl~l::::' 2: &. :J:":::::O;-J:';:J:1:-. :::~
suo.:ii\'lsi:n: 8: :i~'\'t:b?ID~n: ~{:.~~ ?fO?::-:;-.
See E::hiDI; 'T.
.tuc th= any legal imp-...dim= 10 the pianned developmen! of the properry? If s~, :>i:a>e
descI~ibe the IIllIure of the legal imp-...dim::nt(s) and how such imp-...dim= ...'ill imp= the
planned lL-velopm::nt of the f',..p:rry.
No.
Is any d,:...elopm= curr::ntJy unlL-rv.'2)' CD the prop::rl)? J' 'YES
If) r: S, pl= give a general description:
NO.
Homes and infr=ruaure urul.."7' Ccmsrru::ri01l in Phases :2B and lB, lot grading and Qcvelopmen;
completed ar under way in Phases 2B, lB and 4.
W'nal ar:: your long t:::m plans for the ..u.lU~~ i.:.., saJ~ of;a~'land.- saJ:$ of improved pa;-::els
10 m=r--..ham illlillL-rs, sale ofproducno end us..-rs, long = hold, =?
.
Scies of grade:i land zo nomebuiJ.rie;s, apanmem Q!Yelope:-s an.d =ommer=ial dcveiopei~.
3esid::s C=uniI)' Facilities District fmanced imprO\'==. ....har publi:: ;,nd pm'are
improv== are n=saIy to a...-velop 1he p'up:rry and how aTe they proposed to be :financed?
Backbane impruvemems. a panion qf whi::h are in this disuict or AD 97-2. Balance is ] 00%
equity jinanr;ed.
.
Please attach the most r=t copy of your finlmM>iJ stn::m=. including lWliited staI...-mems, if
available. If yon aTe a publicly held company, please list the date of your 1l!5t 10Q or IOK :filing
and endo~ a ::ClPV of your most r-...::...-m _tumnal R..-oort.
... '"' .
Financial SIQIemtm110 be prul'icied when complezed..
in::lude a1 j= ODe ref=::e from a bank or fman::ial in.,.-timtiOD, induCing name, address and
!ejephone Dumber.
Union Bl211;; (San Diego Regional OJfi=e)
Hope Miu:hem
530 B St.. 4';' Floor
San Diego, C4 92] 0]
6] 9/230-3725
Accozmt: 4000]002754
Are there any existing 1ru5l deedsfJoans OD tbe properz\'? Please s-.are tbe name, address and
telephone number oftbe lending insrinn:iOD and the approximate loan amount.
]"one.
C:'.v.Th"D::>V,'S\D3:h.."70:'A.ppij::mjo:c fo:'":s-.ab o:C?D:.oo:
5
3/
;';..2.5 ::':l~.;=i:>r. fman=in~ i~r any ofth~ ?r:l?~s::C d~'elo~:,.:n~:" b:::n o:':2..-:::::~
~=.5 ~~O. 1f)=:S. pl:2S~ c::s=i~ th~ SD~ ano zmoun: oi" 5:.;::1: i:J2.....-:..
v,rnat is th~::== staIllS of prop=m.' =:s., sp::::iaJ 'taXes and zss-.=~.s on the prop:::: ~
L,P}oJD DELlNQUEN"T. Hzve any J.""P::xIY 1llXes or ass-..ssm:n!5 On the ?r~:>=:-:y
b= de1inqu=nt at any mne during th~ past 3 yezrs? IfYE". pl= explain.
No de1inqumcies since acquisition by Landuwnu.
Is me landOWD::r, any subsidiary entity or ..ffil;_~ or r-....1ated entity of ~ landowner ::=ntiy
d:1inqu= or has m~ landCJWDer or any subsidiary entity or afiili=d emiIy of th~ landowner in
th~ k5t:fiv~ (5) yo-..JlIS b= delinquent in ~ payment of any propertY =5, sp==iaJ =5 or
?s.-o== on property owned omsid~ Of~ propos-..d bOllDdaries of~ Co=llIliD' ra::iiitie5
DisIrict?
X '1ES NO. If YES, pl=~ id::mify the emity ....-mch is delinq= in su::n p2ymens,
the == of su.::b emity if the emity is Dot me landowner and its r.:laricm.sbip 10 tile landov.'tl=.
th~jurisdi::rion in which the delinquent P''''''-It)' is lo=d, me amount ofme d~linqllen::y,.r.::
d=n:ian ofth:: delinqu:ncy and any legal a..-nons .....m::b hRve b= iniri=d by 07 on rehili of
ili~ jurit:r11::ri.OD ~o r--=oV~ the a=iinquen=J.'~
See E==hibi1 .'J".
Is me lanoown::T (or any subsidiary entity or om;;"'-.rl or:re1ared entity of m:: iando....'D::T j now
delinqu= or in d::fault on any loans, lines or c-..dit or ather obligarion:related 10 m~ p' "PerI:' or
ather development proje...'1:5? X YES NO. Has me landowner (or any subsidia.'")'
emity or .m:;n...-n or:related entity orthe 1andown=r) 1>= in cl..nmlt on any loans, lines of::r-..dit
or ather obligarion in the past two y= related to the p",perty or ather d...-velopment proje...""!5?
L YES NO. lfYES, pl= explain.
See E:::hibiI "J".
Has me hm:iowner or any sllbsiwaI}' ::ml'Y or omliaI.ed or related entity of.r.~ lanoDv,':ler e\'::T
filed for bankrupu::y or b= declared bankrupt? X YES NO If )"ES, sp::::i:fy en:!:y
.....meh filed or banl..-upt::y or has be...'"n de::Jar-..d banbnpt~ tile date and lo=ion D1 court wn~r=
banl:rupt::y a...-non took p1a::e, the case title and tile = of the banl:rupt::y pro=dings:
See E::::fzibi1 ....r...
?.0.2.5 any daim been :made or suit b~en file~ or is any claim or suit.no"" thre?T~ed agairsr r..;e
landowner with respect to tile proposed d::ve!opment of the propeny?
'i"ES K... NO
Ifl.t:.S, pl=e attach a copy of the complaint, Dr ifunavailable, 1'l=e list th~ court in whi::b the
a...-non is pending and me case Dumber and summarize the::urrcnt staIllS of the litigation. or if the
claim Dr a..-non hzs Dot yet been filed pl=e =b any do::uments summa.~g the claim Dr
a..-non:
.A.re ther: any other rorese-...able circumstances not des:::ribed above that could ]JTe\'ern 0:
si~iii:;antiv cidz'\! the proposed oeveionmen1 of the nroperrv or aOvers:!v im:>a:::t tile a~il~:-' of
- ., ~ ., . . . ., _. -
C:.,~Th'DOWS\DESKTOP\A;rpji::mion fer::s-.ab of CFD~.cio.::
6
3:2-
:n: lan:i::,'\':."TI= 1:) P2Y tn~ a.'"l:i:;ipa~.d ~=;~ :2.x~,; 1.:' ~,_ :~\.:~= an :"~t :r':1~=:--:-: ='\.l.-::~:
:anci~v.'!l= =u.-mg t.~= ci=v~b?rn:nt of:r:: ?:""Q.....:.:-:;. .
=xpiair..
y=:s X :.~.:'.
. ~ ~--
,. ,-..
~. . -_.
~:::~~t
PJ= m::a::h a ::opy of your most :re::::m pr.:iiminm)' titl: r:pon for the ~'.
See E:rizii1ir .'K"',
PJ= ana::h a copy of the most = tax biDes) for the r',ul=Ty and =viden::e thar ::=1
ins:t-:o Tm.= due have been paid. "The tax bill will also be =.jewed to d=min: ov=riapping =
total.
See E=niDi1 "'L ~'.
Hav: YOll provided a deposit 10 the Cit)'1O PZ)' ~"i=riona1 and f=arion ::oS"..s?
Tes. S100.000.
.
.
C:"V,"D"c'D:JWS\DESi:TOP..4..npii::ation fo'::s-.ab ofG'D:.oo:
7
33
?~1 t" TI:D PROJECT I'\-YORl>1A.TIO~
:=~ an ~5:r.-;mOD S'!ll;;y ~ aon: for th: propas~ ci~'::J:.'I?m~! of tb: ?:-o?=::: v,'r:ni:. :'1:::: ~G.
rwo y=a:s? 1f SO~ pi:as: provici: ~ ::o;:"y.
To be d= as part of m diligence. T~ Me:y.:rs Group prepared an aDsorption st,:...:') for a
portion oj the properry as part of.AD 97-2
Has an appraisal b= done fur the P' up;::I!Y withiD the 1zst two y=? 1i 50, pl= pro,'ide a
copy. 1i nat, please provide cmrent year P~.Q values for all parcels.
To be d= as part of due diligence. BOD Ba::kt:r. V.JJ, prepared an a:ppr::isai for::: po,-rion of
tne propen)' as part of.AD 97-2.
EXPERIENCE OF L.4....l\1DOWJ'j.ER GROUP
~::;ribe me d...-velopment =xp::ri::n::e of me lamiowner. Briefly d"s=rfoe all}' ::;11;. _Hl or :re::;::ntiy
::;ompl=d d...-velopm= 1md=ken by me 1lmdOWIler.
See E=niDiI "M".
:?i=e pm,;:!e ::;0Ip= liI=mIre and sal~ ir.D::;om--S, if available.
See E=mDiI "M".
PAYM:E!Ii~ OF TA.xES/.ASSESSME!\~S.
D--=ibe me 50= offimds 1ha1 you will me to pay special = to be levi~ on your propen:y
in CODD=ion wi1h the Community Fa:::iliti=:s District (Le~ bank savings, land sale pro::;e:Cs, loan
pro::-~<, ~.).
Land Saie l'roaeeds.
Do you forese: any diffi::;ul1y in your abifuy 10 make timely payment of me spe::;ial =e5 to be
imposed?
:'ES X NO. In 'ES, pl=e explain.
If v.'e hzv: aaditional qu:snons regarriln:: your prop~'~ 'who !s the 2.??TDpriate pe:-soD to
conta::!.?
~ame: Ron Tne:nen
CnieiFiDancial Officer
O:ay fumco Developm::nt, LLC
Address: 270 Newport Center Drive, Sle. 200
:!'ev.'Port Beach, CA 92660-7533
Phone :!'umber. 949/6#-4202
Kent Aden
Exe::urive Vi:.: hesident
Tne Otay Ran::;h Company
350 W...A...sb S1-, Ste. 730
San Diego, CA 92101
619/');4-4050 e:>.."L J J2
c:..,-;.-r-."D:)WS\DE.S"'t...JOPl..A..:lpli::mion fa: Es-..ab o:C?D:_(b.:.
g
3f
.
?:"'=-.~.5~ RETL"'R.~ 7:-E CO:M:?2...=:l ~ ::=DFJ~ .t._",-:; .~.~.,;'::::h~~S 7C':
1~.:. RD~ Pow~D
ct}. of C"nu1a Vi=
TIle nndersi.gned h::reby certifies that1l:le foregoing information is true and co= 2S of the ~ se; f ortb
below.
LandOWD:T
D=:
3~~
.
c:',v..-p..,'D~WS\D=:Sh.TOP..~ii::ation fo: Es..ao o:C~:.do:
o
-:2,--
--.<:)
:"'OTICE REG..IJU>I"iG D!SCLOSn'L
Tn~ S::=u:i:i:s ano ~=ha:ng: Commission ~y adopt=.d amen:im~D:s (th: .....L.m~nci.me;}:.s--, 1:
RIDe 15::-12 una::r tile se::uriDes E.x::hange A::t of 1934 r:laring 10 ce:r1:ll.in required Qis~iDSUC::
iufurm.arien tOaI must be matie available to prosp-_-tive purchas:rs of municipal DODas. unde:-
the iUD::nam= and oth::r fed::ral and = =mties laws, =tain :mm=rial information m= be
,;i~~losed (i) in cnm>"<:bon with tile initial on=ing of bonds with resp-..::t to ummerial pe:-sor.s\
and rn) on an ongoing basis with resp-..::t 10 uobligat::d p:rsons. "
Wh...-m::r a p'u~ owncr/developa might be a mat::rial person or an obliga1:ri p:rsOD will
d.."'J=ld en all of tOe fa...'"!S md cirt:mn"""''''''s If 1be i:ofmmmion yon provide in Te5poIlSe to tilis
q1lesrionnaire indi= this might be tOe =e, 1be :financing t::am v.ojlJ =oi= .....itb you tile
inf=mien thaJ: may =d to be disclosed to p~ Bond inv= in order to satisfy the
iune:ndm= md other fecL-ralmd state s:..-urities Urv.os.
1f inf=aDon on th:: proposed d..~elopm= of your pluJ-'-'''lJ is disclosed in ::onne...-DOD with the
sa]:: or ti1:: 30nris, you will be requir-..d to =rii:Y at that rime tilat th:: inf=arion is rrue and
::orr--=r and 0:>::5 Dot omit to = any m=ial fa...-t.
C:.,...."J:..'"DJ\\'S...D=:sh.TO~....t..ppii:;ati01l io; =s..zb 0; CFD:.on:
,0
3b
E:::hibi!A
.
o..'Dership and Stru::nxre of Lando"'De~
Tnt primary busin::ss of the compzmy is to own, d=v::lop and s:ll tb:: project known zs Wy Ranch. Tn:
PJuy-...rIy 'was pUl""..hl!s=d by South Bay Proje::t on August 26,1997 and immediaI::ly contributed to Otay
Proje::t, lLC 81 i!s D::t :fair marl.:et value. Otay Ranch Developmcnt (dba, The Otay Ranch Company)
II1llIll!ge5 the project 1lDdcr the t::rms of a delegation agr=ent. Th= Landowner ::onsim of two entities.
Otay Proje..-t, liC and Wy Project LP. Wy Proje::t, LP. v.'ZS f=ed on January' 20. 2999 by cr.zy
Proj=--t, llC, Soum Bay Proj=--t, liC, its limited parm::rs, and Otay Ranch Dev:lopm~ u.c.
.
.
.
c:...;;.-po.:r",S\!)3K.TO:'~~ii::mion io; =s..ab ofCFD::'.co:
]]
37
L;bioft B
Toe organizational ~cmre oi the forming members of the Developer is ciepi::teri in :Dt"
ciu."'1 belo...-:
,,",- .
_">.ll'~~
Baldwin
Family
South Bay
lDv==
David G1=
HalB=ral
James
Baldwin
Family
I
South Bay Proj= llC
O::ay R=::h D=v=Jopm= llC
Otay ?roj:--t. ~C
Clay l'roj-...::t LP_
C:'.v'1!'\.-r>oV:S..n5h."TO~.."U:lpii::mion for Es.ab o:CFD:.o:1:
1:2
3Y
I.rilli>il C
The Otay R2nch Company
Headquarters:
. 11975 E1 Camino R=al, Suite 104
San Diego, Cali:fomia 92130
Tc1eph= (619) 259-2934
Facsimil::; (619) 259-4364
Hom_....ag::; http/fwwv<".oraynm::h..com
(under d..-ve1opm::nt)
D5::ription of Operations:
Tne Otay R.l=h ::ompany is a land &veJopm::m IL.-:rll,
estabi;~n-.rl in 1997 to und=ke the developm::m of me
5300-= Otay R=ch in South San Diego COunT}' over me
nCA.'t 3D y~~.
Pr--oject Des::riprioI::
(r-..ay Ran::h, me largest =-planned CO=mllTY in San
Diego Coumy, is planned to include more man 9,000
homes, abrmn;mt :recreaIicma1 facilities, ==ia1
establ;~nm~ and Cu=wllLy se:rvices.1t is part aithe
2.2,899-= Otay Rancl1 G::n::ral Pl".""m~ .tu-..a (ORGPA),
which inclndes prop::rty 1lIld::r s:vcraI own::rships. "Ota)'
Ranch" Is a:registered =vice lIIllIk: owned by Tne (r-.zy
Ranch Company.
M211agement Team:
Tne Otzy Ram:h Company ope:arions are being dire::Ied by
a =.all t= of highly e}.-perienced plann= and land
develoj=..>.
.
Kent Aden
Executive 'Vice President
Mr. Aden b, had a ciisri.ngn;,ned I 8.yea:r career in
co=uni!)' planning and development tiJ.at has resulted i;]
ap?royals for 15,000 residences in South COunT)' and
numerous industry awards. Since 1994, he has been
actively involved in the planning and development of the
initial phases of Otay Ranch..
Previously, he v..as a vice president for EastLake
Development Company. Earlier, he v..as associated v..im
C:'.;;'''!.''\:1X>v.'S\DES1:TO?~.t..p~li::m..ior. io: Es-.3b ofCF!):.c:io~
l3
31
-...... :";iii :;-'?--..-.-.-.:'~-., '"i-.... of)...~..",,-.....- ::.=- -".., ~.... ...........,.....:
~....._.............._-....__~..........!"'.~_. .~,,_ :-,v~.--' __ '_J___
::apa....-m:s.. :x.iudi:J.g p;-oj::=t dire=ro:.
Mr. Aci:nholds an ar.1ri1e=a1 cbgr~:from Cal Po:: ::.~
Luis Obispo and a MEA degree from California S:a'..e
Univ=ily, .Full::rtoD..
He is a D"""'!'"'.d architect and a past presid::nt the SoUIh
Camny Division of the BDilding Indnstry _.o\ssociarion. A.Il
a..-tive c:ammunity l=ade:r., he is a cum:n1 Ull~ of
Housing C=uniries, In:::~ the V = Kiwanis Club, :md
the CorOnarlo Co=llIli1y Onm:h..
Robert B. Cameron
Execuiive Vice Presid!mt
Mr. Cam=. an aI!Om:y r::spOIlSlole for the ne!!01:iEiOIl D:
all land sales ror Ot<ly Ranch, has "~=ulared e},:t..~ve
eA"D::rrise :in land cL-v::1olJIllent and land = 15=s tiuriIl!!
- - -
IDs 16-y= =. In me pzst three y=s, he has been
responsible lor land sales =a...'"1iOIlS yalued a1 more T;"''''
$'350 million.
Involved with Ot<ly Rancb since its a.cquisilion:in 1988, he
'was responsible; in CCJI!junction with otb::r =DOl' m="~=.
ror obi ~;, ,;,.g e:n1itlcm::nts fur the largest gc:n::rnJ. plan
amendment in the history of San Diego County. He also
v,"25 i.nsrrumenta1 in negotiating a Reso= :M="~=enl
Plan fonD: 11375-= Otay Ranch ",eserve.
3~= 1983 and 1988, Mr. Cam::ron v,"25 an ano::ney
with Lu::--, Forv,;ard, Hamilton & Scripps, sp-..cializing i:l
real eS!llte=sacrioIlS and land use law. He began his
car= as alegislarive aide to New York Sena10r Daniel P.
Moynihan.
3e grarluated cum luarle from Harvard Law S:::hool in 1983.
and bolds a bachelor's tiegree in gov=ment ..:O!!! Ha.,'a:-d
Univ=ity. His academic care::r "'"25 hi~hlighted by a
number 01 academic and athletic bonors.
A resident 01 Carmel del Mar, Mr. Cam::ron served on !be
C&-mel Vall:y Co=unity Planning Board for 10 y=s
and continues to have a leadership role in youth athJeti:s
~itbin the comm1.m.iry.
C:'.v."I.'\.JJV:S\DESK.TOPI.~pli2:.ion fo:- Es-..ab 0: CF!J:'.oo:
.,
!~
fo
1J.m John 1:ilkenn:y
uec:um'e Vice President
A =O;:n17-n authority on land phmTlm~. ~viro==:a
regulation llIId land use law, Mr.. J[ill--"'"")' has b= a..-::ive
.in land d:v-..Iu~ issn:s, in both th: pobiic and pD"a!::
sectoIs., fur 24 years.. Beg;nnmg in 1989, he~"25 involved
with th: initial pl,..,.";,,g of the ::mire 22,899-a..""rC Ota},
Ranch ~ Pl,..,.,,;,,~ Area (ORGPA) and conducted
more than ] 00 co=uni!y m:""'l;, ':.'< during me planning
process.
C=::ntly, he is respoDsible for s~'"'Uring =mi!1=:::n!5 fa,
Otay Rm1~ in coop--~~on "With oth::r s=nior 'm~it~ ~=m=n:'
He is the m:Oia spok::=.an for me comp~y.
Tnrol1~;,on1 me &0' s, Mr.. Kilk...-nny was jegislative "Olms::]
for th: CDIbuu...--non Indusl:;y red::"'allOD of San Di::gc.
He be~~TI iris care::r in poblic s::rvice., s::vmg as me
::xecutive zssiSllmt of San Diego Coumy Sup::I"0..sor Lu..-ill::
Moore and 1he legislative zssistant of Coumy Superviso,
Jack Walsh.
He bas a bachelor's degree from San Diego State
University, JD degree from Thomas Je:ff=on College of
Law and is a m=ber of the California Bar _.6..ssociarior..
He is alsD a m=h::r of me Board of Di..-=tors of me Cn!!la
Vista Cn.amb::r of Co==.
Roy Peace
Vice President- Construction
Mr. Peace is responsible for all in:frasrru== co=u:::riOTI
a:::rivities ar cr.ay Ranch. During his 26-yea:- career he h2.5
held numerDus 'DDsitioIlS in me CODStrU:::riOD industry and
has been respoIlSibJe for the CODStrU:::riOTI of mor-e than
5,000 homes.
.
Previously, he "-"25 director of operations fD, me 1 ,ODD-acre
master-planned co=uni!}' of Cannel del Mar, where he
was responsible ror residential CODStrUctiDIl, customer
ser-vice and off-site contraCts. He joined Tne Baldv.u.
Company in 1972 as an assistant 5llperin=cien!.
C:.,;;."I'JOWS\DES""t:TO:'....tu)pii::mion for ~ 0: G"D2.do:
:5
.!//
!\1.:. ?=:a::= :s :n=: ti:rird g:==:a:io::J 1~ ~ :"=-,:J:-"::::: =-= ~.;;,:::
";-v~.J""'~"'T"o-"'" ~...,-i ...........~'-j.....n lD''n ::::::~~ 7"';~:"l"'" -',
....- ... ....~.....--".. ............ .......~................ -''''"'"'-' --,~-=.... --~
~n4';;'...._ o~'n- of',;". Res-'':''. :::~. -"m. . -n "-~'l' .;~~
~""'-U'~~_~ ~_~~ .. ~_ ... '.1.lJ_.. __. ..... ........:-_.. ....__
s::;'\;~ from San DielW 10 Corona:io, "'"as on:o oi ili~
orig:inal r:sjn..".,;"'land d...oovelop= in Point LOIDE...
c:\v,-r-."D:n;:"S\DES"h.TO?Appii:::a1ion for Es:aP of G'D:.oo::
}6
f::v
Etillbil D
J"ppii::a:nt has ] 00"10 con=! of the landown= in the proposed ciistrict by ,mue of~' i:.s c.::-e~
iand ov.on=bip and the comra...'"tua1 cons::nt of otb:::r landown:::rs.
.
.
;/3
C:'.';.-p..J:)WS\D=:.s~;J?~"':lDij:.atior. fo: Es.zh 0; c::'D:_oo:
E::.hibir E
Assessors Parc:a..1s ior District ProperTY
A~s=or's Pa:;~ :Numb=:
~:-07J-13
~2-07J-14
~.2-07]-]5
~.2-07] -] 6
~:-07]-17
~:-072-0]
~.2-072-02
~:-072-03
642-072-04
642-072-05
64:-072-D6
642-072-07
6-4"-072-08
64'-072-09
642-073-04
642-073-05
c:',~-r-.."D()V:S\D=:SK.TOP;,:~.;:spii:::ation for Es-..ab 0: C?D2.oG.:
JS
Lflj
.
E'!'hibil f
Tn: ?SS-~<:TTl::ot disci::! includes th~ D::velop= OWD::rsb.ip 'within Village On: znd Villag~ ?:\'~
which have s...~cra1I::ve1s of cnrit1cm.ents as follov.os:
.
. City or Ciulla V= Gen::ra1 Plan d:signmiOD ofPl=ed Co=uni!:' !PC)
(O::t:oD::r 13, 1993)
. City Dr Cnula Vista G::n....--al D=ve1opm::ot Plan (GDP) d::ScripriOD as 2. =:usn
ori=~ village p=itring L757 s:in~ie famiiy homes, 1..566 mulri-famiiy DO::I:eS, J].~
a..'"T:S of ::DIDm_.j.. :?J a=,'elopm::nt and 13.4 a-"7:S of CPF us~s. Tne Plan also D::iu~e5
d:signa:ion for neighborhood parks and zn d"""==-j' schooL (O=be:r 23, 19;:3)
. Envirnnm=llmpact R..-port for the Cilcla VlSta. Gene:ral. Plan and GDP,
O::t:obe:r 23, 1993. (.A fiTrm....rl by the Dilifomia Sn:p=rior Court, Court of _I>.pp-...als znd
Supreme Court. Chaparral Gre= v_ 3aldwin Build=)
.
. City or Cnula Vista Sectional p)?nni".:' _.o.r-...a One (SPA) Plan June 4, 1996. T"';s ?1"-=l
more p:-_--isely delin= the land =5 g::n....--ally d...-pi=d in the D-.zy ?...ancn GD?
. City or Cnula Vista SPA One EIR, June 4, 1996.
. City ofCnula V= approved Tentative Subdivision :Map (Tract No. 96-(4)
Nov=:,er 19,1996 and March 15,19.97.
. ?reannexation Development Agr=ent be!W= the City of Cnula ViS"..a and Otzy
Projec:, LLC March 4,1997 vesting the Otay Ranch GDP, SPA plan znd Tract No.
96-04
c.,v...r.....'"DOWS\DESi-...70?...t.-='?ii::aIion fer. Es.ab of G'Dl.lio.:
19
1)5
EtiJ.ibit F
(continued)
. City oiClmla Yl5'.a Tract 96-04 riDa1 Subdivision Map ("A ~ Map) No. 13592
:r-...::arded junc 24, 1998. .
. FiDa1 Subdivision Maps (R-l, R-2, R-3, R-4, R-5, R-&, R-9, R-14)
. Or2:'llim::h. SPA 1
P=it Appro'\-a1
Ph= 13 Mass G=iing
Ph= 1B/4 Mass Grading
U. 13 Ro - r~;;~N
... .nzs: 11~n ........~
Monm-....ne Drive 1mprov=::n!5
::~5t Paiom.a:r Srr= 1=ov==
Sa:m2. Y= & Backbone 1mprov==
?aseo ?..a:o::h.::ro :i.mprov==
97-431 thru 97-424
9&-26& tbm 9&-270
9&-276 thru 9&-270
98-14thru 98-6
9&-289 thru 9&-275
9&-331 thru 9&-347
98-305 thru 9&-290
] ('-9-97
5-14-98
6-2-'-98
&-2G-98
&-1 &-98
7-13-98
Codes ofth:: approved plans can be obtained at the City ofChula Y= ;:::n:rin:::...ing
D=panm:::m or at Hrm""../';j' & AssociaL-s.
C:'.';.Th'"D:r\l.'S\DES"'".t..JO~~.tuJpjj::m.ion fo!" Er..ah of cm:.CCl=
20
y6
.
j:'"'!"nibi~ G
Improvemcm:s to Be FIn2Dc:ed
.
Public A!!encv
Improvement
Total Estimated Cost
c~' ofCbu1a V')S.a1
0:2)' Wm::r DisIri:::
Olympic hrl..-v.-ay Phzs: J
S 35,1 64,&75
c~' of Cbuia V:u,-:a.!
O:l!}' Wm::r Dim:::
Oiympi:: Parl..-v.-ay Phzs: :;
S 53525&&
Ci:"y of Cbwa ,;"i:.-:al
CJ:2:I' Wm::r Ir.s.:i:::
P2Se:O R.a:n=n:ro Phase 1.
5 42535-4.E
c~' of Cnula Vi=!
O:zy ~; Z1::r Dis::1=:.
Palomar (\'iHag:: On:: W::];i)
S 4.534.908
city of Cbuia Vi=.!
0:3y Wat= DisIri::t
Palomar (Villag:: Five) S J,96? '25
Slop:: T =n~ing S 5,026,973
Publi:: Fa..~::s Developm::nt
Impa::t Fe::s S 8,089,620
.
City of Chuia V1SIa
City of Chuia V1SIa
c~' of C'nula Vi.-.-:a
Pedestrian 3ridg:
Impa::t Fe::s
S 1331,666
C:'.v'?-.'D::),\.1,'S\D:5J...jO:? ~"'..ppji:mion io: Es..ab of C?:J2.oo:
:1
t/7
E:::hibit R
0:2y Ran::h:final prD!,-o4W ErR, Ogd:n, De::. 1992'
Olzy Ranch S=iomll PlllllIling Area On:, and aIIIl'...xn;on iinal =d ti:r EIR ConOD B::Jand. Ap:il
1996'
0:2y Ran::h SPA On:: W::st S=nd ti:r E{R'97-Q3, S::pt::mb=r 199&, L-=1- M::lmyr::
C"Copi::s provici::ci ?=",viol!Sly 2S pan of .to.ss::ssm:m Dis1ri::r 97-2 :finan::ing)
C:',~~~::rv.'S\D3;':T0?__&-='Pii.:a:ion fo: Es..a.b of G'D~.do:
"
1/5
.
E~;,ibi: ]
--"""""'0-.. ,;;~~ m' -Iuo'..tn'. ~'.I~ 0"=' .pn......m. \"'il'~"- On. ano' \"'ili~"- ,;:,,',.. -~. ,..-
lU-:,__r .:;.;:;;.o.I~,_ ... _ _~v...v:-,_..::. ... _ .....~l..I...L ~... _ ~_.. _. ...~ .~.
majority of1his plU~ has 1>= histori::ally fanned, and as a :::onseq=c:e is cL-void of s::r>.sitive
habiIm and endang:=l sp-..cies.. How::ver, a small ponion of1and in the southw-..st edge of the village,
a4i= tn fumre Olympic Pari-v."2)', contains Coe5:2l Sage Scrub (CCS). This combination of plan! life
i5 ~ WIra:t for me California Gn"'...=-h::r; a felierWy 6.-l=d "ti=~Tened" sp:::ies. Gn=n=
:have D= r-~ in the CSS adja::..-nt to Olympic Pari-v.'2Y.
.
l!::: cr..zy R.an::b 5?A On: p~ zs adoped on jm::= ~~ 1996~ avoi~ impa....-ting ma~ o::nt CC5.. 2.S ;j:::~5
fu: alignment roriImIr:: Oiympi:: Parl.-w2Y. Ho~':'\'=~ approved d.~v:Jopm:nt ~izns p=mn s:Jm~ L.'7.lpz=:
OD me CSS wm.:.. Tne Otay Ran::h GDP and SPA One Plan <:m-ironm=n:al impa::t TepO:"!5
::aIF-=plaled and mitigated the impa=t to CSS by Village One ~:Iopm=.
.
Mitigation for biological impacts within Villages One and rIVe is aciri~ed throngD the impl==ntariOD
of me Oray Ran::h R=so= Manag== Program O'.MJ'), Tne RMP requires the establishment of 2:J
} 1375-a..--re opeD spa.::: preserve to mitig= fa, the biologi::aJ impa::t ::aused by the aevelopmem of :De
~= 23~OOO Ran::i1.. The preserve is =reated throll~ the in::rem~:a1 cODv~yan::: of preserve land 10
public owner:>hi", a! a rate or LJ SS a..-res or op:n spa::e p=r one = or aeY:lopmen!.
.
O:zy ?roje::t. LLe h2S proposecL and the City of Cnul2. \;"is--..a nzs 2.gree~ that land \.\Tu:.un Cr..2y PT"8..1e::.
LLC's oWD=hi" adja::...-nt to the Resort Village (Yillage J3) mzy be ::oD\'eyed to me Ci::.v to mitigate for
SPA One's impa::!S.
C:',~"D..:!X)V.'S\DESKTOP .~ji:a1ion for Es:ab oi C?D:.co:
-:>
1'1
E-hibit 1
(continued)
The recently adot=l. :r::gicmaJJy pr:pa:r::d Multi-Species Cons::rvmon.Program furth=r compi=~~ a."d
impl=cnts 1he 0Izy Ranch GDP aDd RMP. The MSCP plan is a region-wide plan prepar-..d in
c:>op=rmion wi1i11he California Depanment ofFIsh and Game and United States Fisb and V';-iidiife
5="i::e, 10 ami::i:''''-. avoid, minim~ and miri~- impa..-ts to =, 1:irr::lm:ned and ~dang==d species
in a rompr-...h=ive manne:'. Compliance.....;m 1he V..5CP == compliance .....;m tile S= and Fe:ie;-a]
:::nci.an!!::r--d 5D""-=i~ r::!!Ularicms... Tnm is.. ne'W c..:v::ionm::0!5 m2\! ~e7' tDr--2IeDed or enCanr>'e::-ed
- - - , ... :-
sp--=:ies if su::h ~:.- is p~rmIerl ~'th~ MSCP.
Relative 10 0IEy Rzn::h, tile arlap1Cd MSCP pian and =dant em'iroDID~tal docum=.s aliow for me
rl..-velopment fur 1he ::ntiTe Poggi Canyon m-...a a!f=1O Village On~ Tne MSCP progr=
CIIVironmcm:aJ UPDm:: slm:meDt has h= =riiied by 1he lead agencies (City of San Diego and United
Stltt::s FISh and V"-j]dlife S::rvice). The coumy of San Diego has arlopted the MSCP pro.,.""" CODC=ing
the 23,000 0IEy Ranch Plan. Tne CiTy of Cnula \,= is curr=Jy processing MSCP plans for land
covered by tile Chula Y!S"..a g~::ra1 piar:s.
C:""'T\:-:UOWS"'DESKTO?"-~jj::m.icm iO': ~ 0: CFD:'.cin=
'.
~~
50
Eilibit J
Th::re are no parcels in the Pr?Posed District 1hat are ...........utly ~ in the PZ)'I!l=
Diad valorem =in.""'TImcn15.. However, bjd'rmc:aI dclinqucncics ofthepriar own:::r o:::curr-..d in
the paym~ of ad val= 1zxes wi1h:respect to the p!uy-....lJ' now locmed wi1hin the bouDtia::i~s
of me Proposed District. In th~ 'Village One.Area S of sucl1 ~ !ZX~s w::re
bro,,~ht ==t inAugust of1997; $446,912 ofciclinq=cics wi1hI"'-Sp"'...ct tome, "itor)'
lo=d in V,n"~e 13 are being paid by the Divc1op::r on anmsr..1hTl=1 phm; and the ba1an::: of
tbe Otay Rancb :"u.f'",,-ry was r-~onsible far $1,339,333 dc1inqu:::Irt ad val= !ZX~s wDicb w::re
bron~ht =inAll:,"llSt of1997.
E.mrues 1:hlll are or were conn-olled by James and ..I>Jir-..d Baldwin and th..-ir ;,,;, ,i;;es..
:W::1uding Baldwin 3uilci=, In:~ Bald'Win Building Ccmra..'"tO..T!:, L1lL, TIger Two D~'ej op::r:==.:.
C=el Vall:=)'?=, CalanZSZ5., LLC and Marlin Developme:nt^(fr=n" lly Village
D~v::iopm::nt, f=~jy 'Village :F:w.f':;rties) have b= :responsible for signiii::a:at d::iinqu..-n::ies
in me pz)'m= ofMeliC'-Roos commmri1:y faciliIies dis1rict S?'"--i.al =:5 and ad ..zJo;-= ~:e5
"iD:J. resp:::::t 'IO ~ in ..mollS cL'"Vc1opm= in CalifDIIliz, 2S ciis=d below.
.
MarlinTh:ve1opme:nt ("Marlin') is a CaEfamia g==l. partn=bip., wiJicb 'W2S formed in
19741IDd::rth::na:me"Village 11.Dpexties.." Village1'J.uZ"-'hCS cbangedits=inJlm~ 1995 to
"VillageD::veluz=l1". and suhsequcmly changed its name again in NO'V"TTIr-. 1996 to "Marlin
D=vc1ul...."'I/t". ~ general partDcrS of Marlin areJamcs Baldwin andAlfredE. Baldwin.
Marlin has 1>= in. the development business for over 24 years.. Marlin Developm~ ~'as
d::iinqucnt in the payment of Mello-RoDs special !ZXcs on prop::ny located in. San Marcos an2
P=la Hills, Caliiomiz; however, all delinqu..."'ll1 S?'"...cial. taxes with resp=ct to those prope:':ie5
!lZI'e now b= <laid.
Calabzszs, lie :=rly ov,'IlS prop::rr)' in Calahz=, California and is d-liTlqu= in tie
?2)'I!lent of Mello-RoDs special =es and ad valorem 1ZX:5 on tbis prop::I!)'_ On Nov=b::r 18,
1998, the COUlli-Y of Los JUlE!::les "''as =ted a JudE!=::nt ofFore:losure lLaairlst Calab2S2S,
- - - -
lie for the delinqu:nt =es. Ca1anllSZS, LLC has iiled an app-...al ofthisjlln~=:nl.
In July 1995, 3aldwin 3uild=, Inc, a :OrpO;-aDOD owned by James and }Jired 3ald'v."~
a:l2 3aldwin 3ui1:fu1g Con=o;-s, Ltd.., a pa.-m::;-sh.ip owned 97% by Baldwin 3uilde;-s. be. (:be
~321dwin Com7'any~) iiled for reorg""i7~1ioD lmd::r Cnapt::r 11 of the BanL-uptc)' Code..
In Febn:a.-y 1996, in ord::r to obtain Dew financing for the Baldwin Company, J=es ~:i
_l>J.;; cd Bald",.-j,D p=onally contributed land they owned wim an esriTTl"t~d valn:: of over $30
milliOD and agreed to transfer cODtrOl of the Baldwin Company to a trustee s::l=d by the DeW
l:nd=. Pursuant to an agr=:nt approved by the bankruptcy court, the Bald'.".'ins and thei:;-
?S;iares exr-h=ge:l mutual full releases of all :I?;,.,.,< with the Baldwin Company, Tne 3zj.:',;.-=
.
C:'.";,"J:l'..:JOV:S\DESKTDPL~H::m.ion ior:s..ab of c::D2.oo:
:25
5/
C:J=~2.I)V h.as s;~::: had a'Dla= of ~o;-r::an.i::a:i:J::' z::orov~d 2:l:j has ~::!"e~;j ~ a~ ":;2:l.i::-:':":l::-"'
. . - - .. - - "
m:.:- i::1: nam: .~~. J\1ill:nnium nm:n=s..'" Tn: 3alc\\Ws a-: DOl involv=:5 i!::n: rr:?~,..~=:::::=::.:
of!-'ew JVJ.11l=i= Homes and nzve a d: m;nm.;< own::rsbip in=st in thaI ::ompany.
Ne:w Mill=ium HDlDes 'was d::iinqu::n:t in the paym::nt oi sp-..cial and ad '11&0= ~:::s
on all oii"t.5 .l-"u~es, including sp-..cial =es on.l-"u.t=~es lo::ated in r~1>jh"",,< (Los An,:o::j::s.
CFD No.4), A TUln.,m, Hills (CIty of.A n"h.,m,. CFD No. &8-1, and Onmge Unified School
District CFD No. 89-2), and Portola Hills (SamaAna MOl1nt"inC Wmcr District CFD N02 and
Comtty oiOrange CFD and No. 87-2)- As part ofi1s plan oi1':;uJ.::~,,;r.rtion,Ne:wMil1=ium
HDl!les has ::itb::rpaid or CIru:r-..d into payment plans with resp"'...ct to all ofi1s d::iinqu...~ sp::cial
and ad ..&= =es.
c:\~'I'\"D:n~'S\DE5KTO:r1.'ippjj::mion for Es:z.b o:C?D2.o::l:
26
5;:2-
ErlLibit J
Th= are DO parcels in the Proposed District that are ..........utly d:linqu::nt in the pa~ -::l::l!
oi ad valorem -= msn. fun,."".., However, hi.stmit:a1 d=1inq=cies oitbe prior 0'WIl::r oc=:3 m
1De~ oiad."2l= 1ZXeswithresp--..cttothe jJluY....l,y DOW locat::d within the boundries
of 1De Prooosed v..strict.. In the vllla!!e One Ar.:a 5 of such 15-1iDqu::m taxes w=
- -
Drought = in August of 1997; S446,912 ofd=1inq=cies with;re."p-..ct to the '-.., ,;ta:-y
lo=d in V;lh'~e 13 are being paid by the Divelop::r OIl an msn.l1TTl~ plm:; and me bal:o::e 0,-
1De Otay RanciJ .,,"uy_lj V,;2S r:spoIlsible for 51339,333 d:linqu::nt ad valor= !2X:S wm:n we:-e
::rrnTl~"rrt = in A~"ll5t of 1997.
.
E.ililU:s -in>!! are or w= controlled by James and A.lir-...d Baldwin and m::ir :~~;';es.
~::i""in~ Bal:r..-m 3uilci=, In::_ Baldv.-in Building C()Il!;a...""tD:s, Ltd.., Tig::r T WD De\'eio;:J:::e:::-=-
r"...,.,,-l Valley?==, Calabasas, LLC and Mm:'lin Devclopment^(fmmaliy Village
Developmen!., f==}y Village Properties).have b=responsible ior signi:fi:3!l! cielin::I~:::=ies
m me payment ofMelic-Roos co=unIty ""'r:1lmes district sp-_-i.al =s and ad yalor= =::5
v.jID r:spe::t 'to :>' u:,="''Y in YaDOllS cL~elopm= in Ca1i:fomia, 2S dis=d below.
Marlin Development ("M2rlin"') is a Califamia gc:n=l partn""",'hip, whiciJ ""-as fo=e:3 in
1974llIld::rtbemme "Village~"y...rties. ~ Villagel':lo.P"-'-~es changed its = inJune, 19?5 'to
k'Village Devdopment" and ~ changed its Dame again inNovcmb::r., 1996 to ~Mariin
D::vcIvl "..~, ,f ~ The gcocral paI'lDCIS of Marlin are James Baldwin and Alfred E. Bald'wiD..
Marlin bas 1>= in 1De development business for ov::r 24 years. Marlin Development ""-as
deiinquent in me pzyment oiMelio-Roos special taxes on prop::n:y 10ca1ed in San Marcos a:::~
PortoJa Hills, C~i;fo~ now=v::r, all delinquent sp-...cial taxes with r:spe::t to those pI'ope::-..::s
have now b= paid.
Calab=-. liC =r:ly ov.'nS prop::rry in Calab=, Ca1i:fomia and is cieiinq=! m :be
payment ofMe11c-Roos sp-...cial !2Xes and ad valor= taxes on this prop::rry. On Novembe;- 18,
1998, the COUlL: of Los JmgeJes was granted a Judgement oiForeclosure agpi,..q Calabasas,
LLC for the d:Enq'J.ent !2Xes. Calabasas. LLC has :filed an app-..al of this jlln~=en!..
In July 19?5, 3aldwin 3uilders, Inc. a corpm-a.rion owned by James ;md .tUfred Bajd'","~
a:::~ Baldwin Bui1Cing Contra..""tDTS, Ltd.., a parm::rship o'WIled 97% by Baldv.-m 3uilde:.>. In:. (:::e
~3ajdwin C07T1::'2Ilyj :filed forreorg~ni?'~Tion und::r Cnapter 11 of the BanL-up!Cy Cod:..
In FebnIa:y 1996, in order to obtain new financing ior the Baldwin Company, J=es a:l
_llJfred Baldwin p=onally comributed land they owned 'with an esrim"'~d value of over $30
:million and agreed to =.sf::r control oithe Baldwin Company to a tru.stee sele=d by the :::ew
lenders. Pursuam to an agr=ent approved by the bankruptcy court, the Baldwins :od !be:;
~.,."ii=s exchzug:::i mmual full releases of all claims v.ith the Baldv.in Compl!!!;.'. T..,e Baj~'v,:::
C:',~Th"IlOV:S\DESi:.TOP~~ii::mion for =.nab ofC?D:.oo:
25
53
E.~ib:: h
Preliminary TItle Report
(to b: provided)
C:';;:I''":lJ'v.'S'':>ESi:TO~ .z,.~H::ztio:: fo;~..2.h 0: G':):.O:l':
5fL
"i.:: _' : ??= C1=--' _ ~;::-' ::=! =:.....:Y.1;';{N-R'J:....;:p~
~S-='";".42~:: ~,..., :E:,:9E,3:~:""":
;: . '-'_ CA;-
.
ern: OF CHU1.A VISTA
CoMMUl'ilTY FAcn.rmS DIS11UCT
GoAL AND POLlcY REPORT
EK...t+I,B (T '-(
ApPLlCATJOl" OFOTAY PROJECYL.P. (OYAl' RANCH)
UNDERL VING PRINCIPALS OF POLICY
I. Protection of the public interest,
2. fairness in application of special taxes to current and future property owners.
3 . full disclosure of special tax liens,
4. credit worthiness of special tax bonds,
5 . protecting City's credit rating and financial position.
6. applicants pay all costs assoc;;"'P~ with C.F.D. formation.
FINDlNG OF PUBLIC INTEREST OR BENEFIT
Policv Summary
The City Council may 3llthorize pmcccdings if the Council dc:tcm1ines that the public improv=ents to be
financed provide benefit to the community aI large as w:lJ as benefit wi1hin the C.F.D.
.
Application
The application smtcs improvements to be financed include Olympic Parl<way (phases I and ll), Pasco
Ranchero, Palomar. slope landscaping, Public Facilities Dc:velopmcnt Impact F e:cs and Pedestrian Bridge
Impaa Fees
AUTIlORlZED PUBLIC FACILITIES
Policv Summs,""
.
Improvements must be public improvemenrs which will be owned, openacd or maintained by the City or
other public agency... Improvemeots must scrvc: a neighborhood area or greater.
ADDlication
Improvements to be financed are primarily roa.dways that will be anquired by the City. These roa.dways
have primarily regional benefit.
.
\'I'TSF.R \I"ER.\Common\WORKDIRS\ct..TF..h"TS\CH1JLA vSl\97 ~32 M~MiIlin\GOAlJST::,dctc
J
55
....~, _ . ~'".:l~ [13: ~:.. =;:0 ;:-! =:'L.:)"'~t-i-RO:......::e;:-'
S4S~";""4377::
:E:9::?':'::~:
= . 2:;'C~:-.
D R.\.FT
PRlORITI.ZATlO!'i or PUBLIC IMPROVEME!'iTS
rolicv Summar"V
First priority of a C.F.D. established by the City is the provision of public improvClJlCllts benefiting the
City. Second priority is the ptovisi"" of public improvemcot:s awned. opc:ra1ed or rn~n~g,..l by oth=r public
agc:nacs.
Aoolicalion
Improvements to be financed generally benefit the City. Some improvcmcnts will be acquired by Otay
Watcr District.
AliTHORIZEP PUBLIC SERVICES
Polil:V Summarv
Public servi= proposed to be nn~n~"" may gem:rally include 1) parkways, medians and op=n space; 2)
drainage and flood caD1roI and 3) ather services authcrized bythc C.F.D. Act and adopted by the City.
Aoolicalion
Special taxes will be used to acquire facilities. No services are to be funded by this proposed C.F.D.
REQUIRED VALUE-TO-DEBTRATIO
1m: required value to lien ratio must be at Icast 4:1. A C.F.D. with a val...,...to-licn between 3:1 and 4:1 is
allowed based up"" circumstances and a dcw.mination ofthc City COUDci.l.
Aoolication
1m: value to lien ra:tio is not known and will not be known until completioo of the appraisal to be
undertaken for the band issue and final dcterminal:ion of facilitics to be financed. An appraiser se1e=d by
and under eontl:lwt to the City will be preparing the appraisal. The City's finance team will dircc:t the
appraiser and provide guidance on scope of work and methodology consistent with policy.
MAXIMUM AGGREGATE TAXES AND ASSESSMENTS
Polil:V Summarv
The maximum annual special tax installment applicable to any residential parcel shall not exceed one
percent of the sales price. Total raxes sball Dot el<c=i two percent of initial sales price. The C.F.D. policy
provides a mechanism to buy down to 2% at closing to meet the maximum tax policy.
\\.1l..'TSER"E.R~\WOitKDIRS\CLlEJ'I1TS\CH1..JLA.VS1"l.97S32 M~liniOOAUsn_doc
2
~
~~' _, .O~~ BS:~3 ~R F:~~D~AN-RO~A~~
:.~~";"~3-:--:: ~,-, :-=,:9€'3:::~:
='. ;:,~ "C:':-
DR4.FT
;\ppliation
The llpplication docs nOl address this point. .LirrutlIlg the maximum aggregate tax is accomplisbed during
ckM:Iopment of the rate and method of llpportioomeat and the bond sizing/debt service phase of due
diligcnc:::: .
SPECIAL TAX REQUIREMENTS
.
Policv Summary
The rate and method of apportionment shall adhere to specific requirements detailed within the policies.
Al>l>lic:ation
The City has selected and hired the Special Tax CansullaIlt, who will be charged with preparing a rate and
mo:thod consiStent with City guidelines. The developer provided a suggested rat<: and mcthod that IS being
reviewed.
TERMS AND CONDITIONS OF SPECIAL TAX BONDS
Policv Suml11lln'
All tl:rmS and conditions of any tax bonds issued by the City shall be establisbed by the City.
Annlication
.
T CIlIIS and conditions of a bond sale have not yet been discussed and therefore are DOt yet determined.
Tcnns of a bond sale will be determined during the bond phase by the City's f;nAnr.... team that includes
staf( financial advisor, bond counsel and other participants.
DISCHARGE OF SPECIAL TAX OBLIGA nON
Policv Summary
Special Tax obligations may be prepaid and discharged in wholc or in part at anytime.
Application
The City's Special Tax Consulranl will prepare a rate and method that contains prepayment provisions.
\IJ'..ISERVER.\Common\WORKDIRS\CUE~Hm..A VST\97S32 Mc..\.iillin\C'rOA.UST2..00C
3
.
,- -
'::::';':.J,-
L1=- : ::.;: -...' 'F I =:'L:')!'1~~"j-?:'L.::..t;::'=-
~s...::~ ~='-'-:-:
'- :-:..: :--:::-:::~:.
::.2'5. C':-.
D R.-\.FT
PROPERTY OWl\"ER DISCLOSURE
Policy Summan'
Applicants are required to dcmoostra1C that there will be full disclosure of special laX obligatioIL" to
prospective purcba.scrs of property.
Al>l>liaotion
A form of disclosun was net provided with the application. Typically. disclosure fmms are prepared close
to time of sale to end user.
PREFORMATION COST DEPOSIT AND REIMBURSEMENTS
Poli"" Summarv
_AJI City and consultant costs incurred in application process and proceedings will be paid by applicant by
ad1l1!Dce deposit.
Annlic:at:ion
Tne City has r=ivcd a deposit for City staff time. The d:velop::r has also provided a deposit for
consultant costs. Deposited amounts are subject to reimbursement wbeDlif a bond issue: closes.
LAND USE APPROVALS
Policv SumllUU'V
The City may issue bonds secured by special = when a} properties have =ivc:d applicable
discretionary land usc: approvals consistent with financing assumptions and b} applica.ble environmental
review is complete.
.... nnlicalion
Tne application describes the sta1us of land use approvals as follows:
. City ofChula Vista General Plan designation of Planned Conununity (PC) (Oc:tober 23,1993)
. City of Chula Vista General Development Plan (GDP) description as a tranSit oriented village
permitting 1.757 single family homes, 1,566 multi-fiunily homes. 11.4 acres of comm=ial
development and 13.4 acres of CPF uses. Thc plan also includes d..-signation far neighborhood pms
and an elementary school. (OClober 23, 1993)
Environmental Impact Report for the Chula Vista General Plan and GDP. Oc:tob::r 23. 1993.
(Affirmed by the California Superior Court, Court of Appeals and Supreme Count. Chaparral Greens
v. Baldwin Builders)
. City of Chula Vista Scctiona1 Pl~nni"g Area One (SPA) Plan June 4. 1996. This plan marc precisely
dclinc:atcs the land uses generally depicted in the Otay Ranch GDP.
. City of Chula Vista SPA One ErR.. June 4,1996
\\J\,-rSERVER.\Commcm\WORXDIRS\CLIE'I'o"TS\CHULA VS1\91532 Md-4i11in\GOA1..lsn..doc
4
57
....1.:: ~ _,
~ c.,~':..
03:50 FP F!E~D~MN-RO~H??
~3"::7 ~e-'~::
_ :~:9~7':=:"":
='. (1S,-;:::-
DRAFT
. City of Chula Vista approved Tentative Subdivision Map (Trac:t 1-oio 9....04) !l<ov::mber 19, 1996 and
Marc:h 25, 1997
. PrcanncxaIion Development Agrccmcnt bctWeell the City of Chula Vism and Otay Projc..-t. LLC March
4,1997 vesting the Otay Ranch GDP, SPA plan and Tract No 96-04
. City of Cbula Vista Tract 96-04 Final Subdivision May r'A" Map) No. 13592 recorded June 24. 199~
. Final Subdivision Maps (R-I, R-2. R-3. R-4, R-5, R-8, R-9, R-14)
. Otay Ranch SPA 1 Pcnnit Approval
.
Phase 2B Mass Grading
Phase IB/4 Mass GTadiDg
Phase 2B Rough Grading
Monarchc Drive Impravcmcnts
East Palomar Str=!. Improvements
SaDta Yncz &. Baclcbone Improvements
Pasco Ranchero Improvemcms
97-431 tbru 97-424
9&-268 tbru 9&-270
9&-276 tbru 98-270
9&-14 tbru 98-6
98-289 tbru 98-275
9&-331 tbru 98-347
98-305 tbru 9&-290
10-9-97
5-14-98
6-25-98
8-20-9&
&-18-98
7-13-98
APPLlCA nON pROCEDURE FOR DEVELOPMEJIo'T RELATED CF.D..
Polk.. SUmmary
Any application shall contain such information and be submitted in such funn required by the City
Manager. In addition each application must contain:
.
\\.,7SERVER\COfrltnDn\WORXnIR.S\CLIE.1It."TS\CJ-nJl...A. VSi\97532. McMillin\GOALIST2.do~
5
.
~..?
~C~
~~': -
,~~~ 08:52 =? ~I~~~~~-R~~H~~
s.aS"':743'773 7Q
':::.'~':Q~~'~.
-~-_._---- -
::-. C'-:- ,(":-
DRA.FT
1. Proof of authorization If the applicant is not the owner.
2. Evidene<; that the applicant rcp= the ownors of not less than 67%, by area, of property sub.icc: to
proposed levy.
3. A business plan for the d..-velopmcnt oftbe propertY that <=Views the:fimmcW :lCasibility of the C.F.D.
and demonstrates the ability of the owner to pay special tax .instaIlme:nts and any other taxes or
assessments until full build out
The developer by virtue of dircc:t ownership and contnIctuaI cortv.nT has 100% agrec:mart of owners for
C.F.D. fonnation.
Otay Ranch has provided a pro-fonna thaI indicates to S13ff and consultants, on a pre!iminllry basis, project
financial feasibility.
The mformation provided is preliminary and gt:neral in =. Extensive due diligence will be required for
the preparation of a disclosure document and final City decision to proceed.
The ability and wi1lingness of the property owner to pay special taxes can not be determined. at this time.
Points to consider include payment history of developer with City and other jurisdictions, value of the
property, and antieipated absorption. The applicant as an exhibit to their applicaticm provided information
on taX delinquency, loan default histDry. bankruptcy and other financial issues. 1ms exhibit is attached to
this report. As part of the City's due diligence process. this information will be analyzed as part of credit
rC'Vlew.
RECOMMENDATIONS
That the City Council approve p~;.,g with the foImatiOll of a Community Fac;1ih... District. subject to
the conditiOll that before: authorizing the issuance of bonds and approval of tm-..;ng documents, thaI
compliance with the City goals, policies and c:rcdit requirements be doewnentablc and compl$.
\\."",--rs:&RVEk\Cammon\WORKDIRS\CUE!'Io."TS'CffiJI..A VST\97532 MoMiUin\GOAUST:Z.dQl;'
6
57
..,..:: -,-: ??::- L:l=-:::: ::-~ ~: =:'._Di1A~J-R:J:""'rlPP
>:~i4S77:: TO :E,136,9:::~:
::.0S;:":-
Exhibit J
Tbcrc are no pm:cels in the Proposed District that are c=tIy dc1inqucnt in the payment
of ad val= tax installments. However, historical delinquencies of the prior owner occurred in
the payment of ad valorem tllXCS with .espec:t to the property now located within the boundaries
of the Proposed District. In the Village One kea 5 of such delinquent taxes were
brought =t in August of 1997; $446,912 ofde1inqucncies withrespcct to the1erritmy
located in Village 13 are being paid by the Developer on an installment plan; and the balance of
the Otay Ranch property was responsible for 51,339,333 delinquent ad valorem taxes which were
brought current in August of 1997.
Entities that are or were controlled by James and Alfred Baldwin and their families,
including Baldwin Builders, Inc., Baldwin Building Contractors, Ltd.., Tiger Two Development,
Cannel Valley Partners, C'!I19b~c"., LLC and Marlin DevelopmcntA(formally Village
Development, fOIIllerly Village Properties) have been responsible for significant delinquencies
in the payment ofMe1lo-Roos commUDity facilities district special taxes and ad valorem taxes
with respect to property in various developments in California, as discussed below.
Marlin Development ("Marlin") is a Califomia general partnership, which was fonned in
1974 under the name "Village 1\up<orties." Village Properties changed its name in June, 1995 to
"Village Development" and subsequently ",hA"P its:DllID= again in November, 1996 to "Marlin
Developm=nt." The general partners of Marlin are James Baldwin and Alfred E. Baldwin.
MIIriin has been in the development business for aver 24 years. Marlin Development was
delmquent in the payment ofMe1lo-Roos special taxes on property l"t'"t...d in San Marcos and
Portela Hills, California; however, all delinquent special taxes with respect to those properties
have now been paid.
Calabasas, LLC currently owns property in Calabasas, California and is delinquent in the
payment ofMello-Roos special taxes and ad valorem taxes on this property. On November 18,
1998, the County of Los Angeles was granted a Judgement of Foreclosure against Calabas8S,
LLC for the delinquent taxes. Calabasas, LLC has filed an appeal of this judgr::ment.
.
In July 1995, Baldwin Builders, Inc. a corporation owned by James and Alfred Baldwin,
and Baldwin Building Contractors, Ltd., a partnership owned 97% by Baldwin Builders, Inc. (the
"Baldwin Company'') filed for reorganization under Chapter 11 oftbe Bankruptcy Code..
In February 1996, in order to obtain new financing for the Baldwin Company, James and
Alfred Baldwin personally contributed land they owned with an estimated value of over 530
million IlI1d agreed to transfer control of the Baldwin Company to a trustee selected by the new
lenders. Pursuant to an agreement approved by the bankruptcy court, the Baldwins and their
affiliates exchanged mutual full releases of all claims with the Baldwin Company. The Baldwin
.
C,IWINDOWS\DESK.TOP\Applioallo. r...E;tah .rCFD2.doc
25
60
~~.~ 27 :~~~ 0=:~: -~ ~:~~DM~~-R~~~~P
S~S~"74=7-;:-: 7:: :~: 9:;?:~:....:
;::.. C~3--'2'=-
Company has since bad a plan of rcorgan;~on a;:r,:rroved and has em=rged from bankruptcy
under the name "New Millennium Homes:' The Baldwins an: not involved in the management
of New Millennium Hoxnes and have a de TT1;n;m;, ownership interest in t:ha1 company.
New Millennium Homes was delinquent in the payment of special and. ad va1= taxes
on all ofits properties, including special taxes on }Uut-ties )~ in ('A1Ah.o~~ (Los Angeles,
CFD No.4). Anaheim Hills (City of Anaheim, CFDNo. 88-1. and Orange Unified School
District CFD No. 89-2), and Portola Hills (Santa Ana Mountains Water District CFD No.2 and
County ofOnmgc CFD and No. 87-2). A3 part of its plan ofICOrgllIlizatio New Millennium
Homes bas either paid or cntcIed into payment plans with respect to all of its deIinq=t special
and ad valo= taxes.
C:\WINDOWSIIlESKTOPlApplic:oliOft for Estab of CFD2.doc 26
0/
** TOTAL PRGE.09 **
E.~:t>I7L ~
Assessor> Pm -b: iOT Disrric:t ProPer!)'
.~ ..E--.sso:. 5 ?.a:-=:-1 :NmnD:...;:.:
c';:-07] -13
~1-07J-}~
~':-07J-}5
t~':-07J-} 6
~:-G7J-j 7
:"';:-07::-0 }
r~:-07:-C}2
:-:;:-07':-03
~:-G7:-C~
6-G-D12-[)5
642-012-06
64i-012-07
64i,.Q72-08
64i,.Q72-09
64",.QT'~
642,.Q/3-05
.
C:"-;'~J:)\\'5\:)St..JO?~"'-??ii:z.ti0Il to; Es.ab 0: C?D:.C:~:
: E
~;L
E.=Ill:':: F
Tn: ?~r-'''' ,~ dis::i::l includ=s tb= D::v::i:J?= O"'':tl::=si:rip v.'i1::llD ,;-ill;,g: On: 2!ld Vill"-g~ ?;,,~
wID::n hav:: S-.-v:=all:\,::ls of ::mit1=>"'"'" 2S loTIo",,;;;
. CTI}' of U:1ll1l -\~ G:n=al Pla:n n-~:"'''';D!l of?i=::o Co==i!:' i?C)
(0 . -- 10M)
::to:::::r~.. .......'7~_
. Ci73- 0: C.m':~ -,;-Os::=. G=:==:ii D:v:1u_~:::n?~ (GD?) ci::s: :}-l~0!l:5:a.... ~. .~
..,-i=".':, \'!-ill-~~~~'" i!~~~~ ~, ~':::-J 6~-1'" ~.....l;-:-'t- :"o~"'":: 1 ,":''':; -:"'I"'l-~_':~'~i.' :..,....--...."::: " -: ~
....- - -=- ~---....~ --, -' - - . .... --~ --:-'.......... ~.;..&.I.- . _-'___. - _. .
";2-.... -,'= "'''''':'"''':''l-'~"::I' ";-"-j'=-:-r. ~.:; - -;.!. ?--, 0';- r'~'P:; ~'':''-t: lro- ":1'",0;.-. -::>;-,t:'...... .:.-.............;~~
~__ '-'. _...~~....~ \.0.-'''' _' ..................._ __. ,_..... .:. --'...... _"'_. _-"--- _..;.."..;,.". __~. ........-.---_.
.;-t:i~=imJ. Ior D::i~;,-"'ori1ood pri:s Z!l:i 2!l -',..,.,.,~. s::iPol (0::-'0::::- ~. ~ 9:::=)
. Emiro=n""""llu:gla::t?.::port form: Omla V:!.Sta CT.:n=l Plan znd GD?,
0::tDi= 23, 1993_ C_A fi'T:-:n-.rl by i:b:: Caii:fr=ia Sup=cior Collrt, Co= oI Ap?-~ ;~ 2:l0
Sup=n: Court. Chap=a1 G:;-:._:::s v. 3E1awm 3ui1ii=)
. CiTY of Cnula \I$"~ Se:::iD:lE1 ?l':l~~r.,~ .!:..r:2. One (SPA.) Plan J:m: 4~ 1?:f6. 1:;;3 ?;z:l
!:10:-: :r-'_-ise!v n-ii'Tv.",,-c me lz::1d ~5 2:~:::;iliv D--:n::e~ in me O:z:v?...2!l=n GD?
- .. - .. - .
. Ci:}. of Gcia \7is-'t2. S?_~... On: -=R j~: 4, } 99:5.
. Ci:y of Cnula \;-1Sta zpproved T =:lt3iv: Su::,':;;'\'"isio:n J\1zp \. l;a..::: No. ?f-Cl4)
"<0 ,-:...- 19 'OQ' ...: l~,:>-"'!-.~'::;: -; 0::-;
. '\ ........u..._... _ ,....... __ ::> 2:}... _ ...--......:- ~_ ~ ......... I.
. ?,l. ~~':'1'exario:n Develo:J::::r.:nl.A_cre:..l..I.l=:1t be:v.'~ me City or Chcia \;""":S-.2 2::ld 0'"".2'"
. _ r ~
Project, lie March 4,1997 yes:i",:: m: Or.ay R=::h GD?, S?A plan and T= :"'0.
96-~
C:'.;;'~J:lV"S\DE5i--."T:O;>~t..:mi;::atior. 10:".:r~ 0:::=':.0:::
:9
G:3
;--....nioii F
(::[J=:iIlu~d)
. CiTy ofChula Y= T=:t 96-04 r~ Sub:iivisionMzp (~A~ Map) :-;;0. ESSO:
T::"'oci::d .i= 14, 1998. .
. rinal Sub:m>ision Maps (R-l, R- .,. R-3,R-4, R-5, R-&, R-9, R-14)
. Olzy ? =-n SPA]
? . "Tot A.ppro'\~
.
?~":*~ 23 J\.1zss G:~,.;m~
?~";>~ 13/4 1\f.";:>c:'1:: C~...;m::
?~";>~:3 ~'fl.:'"r C~..;m~
Jt1.D:i:u":::: I:civ: l:It;rr:,.\'~~
:='~?:j:c:7.:"" 5':7~lmprov=:l- t.....
5~ -~-~ 1:'. 3""':-ODIl: 1.m:rrov:::n~1::
97-431 ihru 97-424
J C-~-9"7
5-j4-9E
E-:':-9F
~ 2C-9b
- -. - -
~.=s=::. :,..z=:.=~w L-.....J.101..==:-tr:;:
9g..268 ti= 9g..nO
9g..276 ti= 9g..nO
9g..14tiru 9g..5
9g..::89:i:= 9g..:nS
9g...3.31 ti= 9g..347
98.-305 ~ ~ 9&-290
~}~':"9E;
- -... I",P"'l
/-l":--;-c;
Cod:; of!iJ: app:rO'v::d phms = b: 01mrin::d at!iJ: Cil}' or Cnula Y= -="':n-'=i:lg
D~~~ OI' at H==..."" & P..sso"";""-<
.
.
C:'.-;''J}..:XJV.'S'wES;:Ta?~'''.:lpji::m..ior: ic: -::........ 0: GD:'.o=::
20
0f
PnbIie AOeDC"I'
cr.;. of Cnu1a "\7"":>:a!
C":Z)' W= Ir~=
Ci':y of Cbu1a \;- s:aJ
C~'~; Z!:r v~-=::=
c=::o ::{ CDulc -\;-i~J
C-::::" v.=Z!:" :r-:>o....~=
c~. orCnula 'V"in.:
0:2:" ~;Z!:" ~i.-..-::-::::
Ci!}' of Cim1a v!=1
O:zy W= Dism::r
Ci!y of Cim1a V=
Cny of Cim1a V1=
Cr.:- Dr C"nllla -\;-~-:Z
-;--j,i:,r. G
Imp",vem= to Be F==d
Imnrovement
Oiympi: Pz::i,:v.~'?~]
Oiympie :?z:::h~' ?"~<- :::
?2s=o :R...E::n=::~ ?~':2:":: :
?alO!::.2:'" (Yil:?.:-= 0::e ~:~~)
?a1=(\~?iv",)
Slop:: T .;m,;~
Publie :;=~:s n=",lopm:m
Impa=t F~
P=~5I:"i~ 3:id;~
spa.=! :~
C:'.v''I'''DJWS\D==s-.t:TO::> .L.:mh::z:tiOlJ i:r. :r..a.b of C?:i::'.o.::=
~5
Total Estimated Co!<1:
:; ::5_J 6.4.&:5
S 5..;52.5g~
~-253_~E
~..:3:;L;_QDE
s
1,96"::25
S 5,026,.9i3
S 8,089,620
S l~31~665
.
- . -. - '::l'
.t-~nn-J,.
0:2:' P..ltD::D :fmaJ ?:-~ ~ Ogn~ D::::. 2 ~?::.
0:2y R=::il S=ia::alPhmning _'>= On~ 2!IlO =.....a;.:m :final =0 'Ii:!' ::::rn. Cotton 3:hmd., .L_:>ci:
1996.
D:2y R=::il SPA On: W:st S=O 'Ii::- ::::rn.'97-03, 5..-p=b:r 1998., L-n:::i - M::lmyr::
(-C:l?i~s prr"'\;~ :--' _\.jousIY as?z:: of ..t...ss:s:s:n::r Ir..s=1=: ;"7-2 5:nan::in;)
.
.
C::'~"IJ',:).JV"S\D=:S-h.JCi?""-=?ii:=:iOt; ler. '::0:"""'''' 0:- c::::.:..c:.:
0~
E.~bri!
T.n= prop:ts::.:i ri;~= in:lu:i~ th: ~'do;.___, ~-n~mip v.-iti:rin \:"il:,.~: On: and \:-;r1,,:-= ?j,,::.
',':=S:
~::rity of1i1is J-"u~'1y hzs D= iristori::zl.iy f==.d. and as a ==qu::n:::: is tL-voio of s=irr\'~
haDil:m zud ,..,ri""S.......d sp=::i~ Bow::v::r. a smz]J panion ofland m th= solllirw=st ..ri~e of the village,
a:f.= 10 f=-= Oiympic Pari.."'"2)', cDIlllrins Coes21 Sage S::rub (CCS). Tnis combination of :01= iue
$ ~ ilabi'::a:! fo:m: Caliiornia Gnm---:::rr-n=:; a f~.a~' ";--iar::::5. '"i:D.1--2I:D:~ sp::-;=~ ~7T""'';I'''-h::3
w'e ;._~ :r:::o::-"..e:i in th~ CSS an.1= 10 Olympi:::: "'''"''''2)'0
:-r:: Cr..zy ?~::D :::.:,.t... 1Jr:: ?12:C... 2S aciD:1~ em jtm=~. 1??6. aVD1~ It::?Z- : 'g :m2'~
s:-:.::=
~::=.:;
..;..... cii==, ~-~......... O;"~J'- 1::._"._....."
.....- _ .. .J...u _--0.0.._ J."-.l..U.,:-I _ _ Q.l.J.......'"}.
3cf'Q.':\':::. Z??J~":d 6~'=L.I~.-...;=:r: ?l~ ?==r: S::J=~ L.-::~::':::
D:l :i:e CSS habi= llJe O:2y Rm::::h GDP znd SP_"_ One PlzD <:m-i:r=::n-.aJ imp= Te?::J:CS
..,. "" ,1med ano mm=:d the imn= 1:0 CSS bv'Villa.!!e One rr.,..,,]==
.. - .. .., - .
Mmgmian fur biologi:a1 im.pa= wi1irin Vili~~es One and F:rve is a::biev-..d 1iI:ruDgD me impl=::n:s::ion
Dr:::': O:zy Ran::n ?....:s:rrrr....~ Manag::m:m ?:-ng:-clD (?J&). Tn: roe r:::qr..rir:s me ::..-::a:,Y;:::::"~:n: :': .:......
1 L375-a:T: op:D S?~- pr:5~ve TO I!li:i~~- i:r;!be ~io1o;i::aJ impa=t -~"l:_~ by me a~'e:j:)?:II=:::l! eo: :'"'::t
~e :S~ODO ~~ Tn: ~s~'e is ::::--';1,._-1 !D."'''Oug!;. tl= m=:m=r::2J CODV~4lll~ 0: :r.--s~'= l2.Dd :::
~)llDii= o;;.'D=:5m?,. z: E ~ of 1.1 &8 a=:.s of o~ s:-a:::?= O!l~ ~ of C~'~1D?m~
C-..zy ?:mj==-_l..LC =:2.5 p::-o?:-:;e~ 2nO L...~~ Ci:y of Cn::1a \~is::2 ;'2.5 ~~~~~ t.~21 iand "Q. :.:.;~. ':r.2..... ?;-~1=::.
LLC~5 ov.-n::::;hip ~5a:::::Jt to:h~ R~5Dr! 'Vi1h~..ge r\~ili:;:.~: 13) mz}' De :onv:ye:i 10 me Ci:}"::~ ::li:iga~ f:>:-
S?~.. 0:1~" 5 impa--s.
C:',-;,-r...:-:>-::)'~\'S0=Sh.JO? .~h::zti:m ia: =.s::ah of ::=::;:.c.:-::
07
- -.- - ..
~ -"'lnr.: 1
i,c::o:r:muec)
Tn: 1~.i ado;=i. r::gionaliypr::pm-....d Muhi-Sp=i:s Cons=\'2IiOIl:Program furtD= ::cmpi=::n~ z.:'J::
impJ:m= fue O:zy Ran::b GDP and RMP. Tn: MSCP plan is a r::gicm-wid= plaD "'-}'A' ~ in
:::>:J?=lIiOIl ....-m: m" Caiif=2 D=p=::n"'llt ofF!Sh ano Gam:: ano Unit:d S=s Fish and 'V.'iidiii"
5~~~ 'to anri~ zvoid. ::ninim~ :and miri~" impa:z 'to ~ ~ed and ::nd.a!!g=:-=.d sp--=i~
== E :.on:cr-...i:~S1v: m..znn=_ Ca:rl'::Illzn::: ~m ~ V3CP ~-u:r:s =om:~llan= v.m 'Ih~ S~ 2.DO ":::ci:-2J
. . ~ ...
::::n:ian~:::::j Sp--==~~ r=guiari~~ Tn~ ~-:: ~~' C=\':i~:::r:s :way ~~~ ~m~ed 0:- ~~';'r'!"lg=:-e,j
~-=:~5 if s;;~ =ii:= is ?~i':!::= ~':i::: ),5C?
?~2tiv= 'to 0:2}'? .zn-~. !be ari.~~ N'SC? plan znd :a:r:n:i2:rrt ::If\'iromn=n:a1 OO:::uII:::II""..5 alJ :\0;;'; f err :n:
li.-v::iopm= fu.-m:: ::mir:: Poggi Canyon = atf= 10 '\'illag:: On::. T= MSCP prog;=
=.~""",=1 ~sm:::m=hzs b= _~~ byfue 1::a.d ag:::oci=s (Ciry of San Di::go =d linr--",d
S= rish and 'Wlldlii: S:::rvi:::::). Tn:: ::oun:y of Sz:n Di:go hzs adopI:d m:: MSCP pro!,.''''"' ::::m::=ing
.
'6: 3~OOD O:z)- ?..zn::n Pian.. Tne Ci:y 0: Cnu..1a \;-~ is _LJ....l wuriy pro::::s:.-mg W.8CP pla::l.S f~~ ;zn=
=-o"=r::d b). ib:: Cnul2 ..\;-~~ !!~=ZJ Di2!:.S..
- .
C:',;;'1!\:J:::rV.'5"'D.=:s-h.Ja?:.~h::c..io:; i:r =.s-.zb 0:- C:==:_=:::
;~
6~
.
Eilibit J
Th= = DO .!-"". .ls in th: l'r?Pos-...d Ir..stti:::t 1Dat <= l...uu...u1iy ~ in tD~ pZ~ '::1=
of ad ...u= 1m: in.."'"' nn-,..",., ~ indnTi,."l d:lingu::o.cies of tb: prior own:::r o::..-=-..:i m
th:pllj'Ill::rrt ofad...uor:m 1ZX::S'Wifb..'-.;~ 10th: j-U vy... 1,)' llDW1~ ....~ th: bD1m:iz:i~s
of tb: Propos:d v..sttict. :In tD~ ,i.i11,,~~ On: Ju::a S of so.:::b d::iiDqu:D1 =es w=
"=.:'~ :::=1 mA1lg'.st on?97; S446,911 of ci:::iiDgu::o::ies v.oiti1r-..-p-...::r to tb: L ~LO::'
lo=::d in Vill2g~ 13 =: o.:;"~ paid by th: D:v::1op:::r DD 2D il:5!'" 11-m"",,' plAIl; znrl tD~ bal=::: 01
tb: O:zv ?um::n ~u"_,, "''25 =ons:iD1~ far S1339333 ciciimru::rrt ad ,,21= =~s wm::n w=~
-' - - - - -. ..
:roT1tTr!":" -r=.':;"" 1:..~'m''"''t of" 1 00-'1
- ....- -_"'-=-~"4o _-'-' ..
-=. I, -I' ~=s :. ,~ zre Q;" V."::r= ~omrol1::d by ]a:m:s and _.AJ.u~ 3a1~'in z:n.6~..:r f~~.s..
~=i~',,;.r,.,~ 3al~V\~ 3uil~ ln~ 3a1dv."'in 3Di1~~ C~-uL~ L~ l '~= '1 "".0 ~="\'=l:;;::::=:'
,-,.-..,-._1 VaIl~ ?-=--=. Czl21J~""'~. T lC =dlv'..z:iin~':l~^(frm-n"rryYil":~
I:~.:lu.:J--";::n:. ju-:.....::::~. -\:;-;t~~~ ?rop:rti~) W': b=n :r=5pO!Slnj: fa:- si~Tfi~ ";-t~q""--~==s
~~:=.: ?~_~~=n :rfJ\~::lic-?....o::-s =a~:n:u:nmiry ~"":'IT;-":;:S ~-=:i=t S?.,.....;~i ~ a:n5::ci -.".aj:;:-e::= :z=:e.;
",,~'~1 ==.:,-p::=rw o.J.l.U~.......-:v:in "\"rio'US a....-v=lomn:::u:sm Califo:mz... 2S n~-.;:ss:j I:=lo~'.
- - - -' -
Ma:ciinD:v~""'" (~'Marlin) is a CaEfomia g::n....--2l pa:nn:::rs:bip. v6i::b "''25 fo=::d =."
1974nno::n:h: = =Villag~ nvy.;ID::s:.." v"'i1i,,~ T.v~'Ii::s ciJlmg::d m = inJ==, 1??5 w
~v-;n,,~ D=--...lu~" =d suDseqn::m:iy cillIng=d its == again in.Nov=b::r, 1996 to ~1>!ia:ri..in
D=v::1vl"'"...n't" In:: g=al partDcrs ofMarlinar:Jam:s Ba1rlwin =d_.tilir-...rl..E. BaJdv.oin..
MlciiD. W b= in. 1D= cL-v::1opm::nt bus:i=ss for ov:::r 14 y= Marlin D:v::1opm::rrt "''25
~ in tb: ?--"YID::rrt ofM~llo-Rocs sp-...:::ial-:zxes on j-Uvy.....ry 1o::a!ed m San 1V=cs E:J:
Per-LOla ~,liC:J emu j I:~~ novl~'\!=, all ci:linq'..J.:::OI sp--=i21 'tZA~ ~nn resp:=:=t 10 mcs:: ~a?=-==:s
~'e now ne=::l ~=-
C2}.ab~1:;:?C. I.2..C =t..u: ..I~TY ov..'!1S proY-.l~)' in Cz1W~ Czlifomia z:nc is ~-~~'7'l~:.::.::n! i=i i:~
?zY:!:l:TI! DfM::lic-?~~:; sp===iaJ u::x:s and ad '\"aior=m ::zx::s o:u ti:ris pro~'_ On Nov:::nbe: J g~
1998~ me C01.m.")" ofLes _.!;.. 'n,:r:1es 'Y."2S granted z. judg:m::nt ofFD~lDsur: ~C'?1"rl,! C.:.12b2.SZS,
!.2.,C 1:>7' the ri-i~~~t ttx~ Ul:ab~~ LLC r.?t: iil:::.d an app--2l oftbis jnn~:=::n=n:.
i.:1 ]ciy 1995~ 321d-~1n 3ui1ci=.s, mc. 2. ::O:P=>;:::)OD o~"!l::d by lames anD A.l':' e.': 32.J':.v.-:~
a:l:: 321dv..in 3uli::ing CO!l::a.=""l.O:"S: Ltd., 2. p~-m:::sb.ip ov.'Iled 97,}~ by 3a1dv.'i:13uilie:-s. l::1::. i::.:e
~3.a1d\\'in CO~?~y) :Bled for TeOrg~'nT7~'; on und:r Cnapt:::r 1] of the BanLu:pt:;y Code..
b ?e:,;-,=y' 1996, in o:rci=r to obtain n::w :iin.an::1TI!; fonne Balci'l'ow Co:mpE:JY, ]=es E:J:
_-"-1.: ed 321ciwi:1 P=$omilly CO.u",;buted land they ovmed with an esrlm"t.d "\"21u: of over S30
~;iiioD znd ag;=d 10 =.si::r cODtrol oftD~ 3alciv.in COIDpany to a trUSt::: 5~1e...'"led by the new
len~. P1==! to an ag:r=ent approve.::l by th~ banL--up1CY court, tD~ 3aldv.~ and !be::
~,' .~~~S =x:::~~ge~ :nu:-..::a1 fu1J. :-ele.ases of ill cl'=';~, v.-i:h :be 3a1d~~-, CO::lpC:'. 1.:1:: 3zj=.v.-:.::
C:'.";.~D:)V!S-u:3MD:?~z..;;?ji::z:Jo:: ilr.:S.z.b of c=:n:":i:l::
"-
~
6f
.
- - -,. ~ . .' . . ~ . .
I.......~-?~y .=2$ s:.:::==::.::.:. E ?~z.= ~: :-:::J:-;T....---;:l:J:: ~:-"_...,V::..:: 2::1: ""'l?t:: ==::.=~~::. =:i= :;~=-..:?:=:'
........:._ -~.. =_ =',_,,;.,: t\Ii;"'~~~'~, ~-.--.-C".... 7"...... :::":lI~':'v.":'..,r- -:;r-'" ...,....... .:.':""\'.....!,....:: .:.- .~- -?'--;.""'-.....-.
_____ __ _ _ _ _ ~---.:..-._ _........___ ... __ -01';;';"'&... ~ _ _ .oJ,~~ _ ....,. -_ ___ -",- _ -----
o:-:~~. }v.@.1::n:liu:n 3mn:s z::l= rev: .2. :5.= ~;T1;'-"';t: OVl,::=s.:ri:.:-' i:r..=:S1 m -~";I. :::J:n?~:'.
New Mili=ium n=:s U"2Sd:iinqu::::l1 in 1D:?ZJ-m:::n of sp:: :"ll!Dd a.:i .,,'ll1o:r= =:::s
OD all ofns .!-"ul-"-'~::s., in::1ll1iiDg sp-...:::i.al =:s OD:"uy_~es}o-=-CI in C";,.;.,,.,,,,,,, (Los _A,,~::;::s...
GDNoA),_4m;n-Tm Hills (City of:4,,";'''';'''', GDNo. &8-1, and Or7mge Uniiied School
Ir.strict CFD No. &9-2), and Partola Hills (SamaAna Mon"""m,, W.at::r District CFD No.2 l!DO
Canmy ofO:::;mgeGD a:ndNo. &7-2). _t,spart ofitsphm oi!,=~~";.,.,.,.;on,NewMill=i=
n= has ::iJ:D::;-p;lid DT::m:r-..d into pzym::nt pi= with :r--5?-=t to lill ofi::s n-ii"q<= sp=::ial
3::d ~ ,.alor::m :zx=.s...
.
C:'\-;'?-..:>:);"'S\~5i:7::):>'...t...??h::z::tio~ io: =~p.., 0: ::::=::;:.0:;;
"'
-~
7cJ
Uhibit J
Th= = DO par.-:-1s in th: 1'r?Pos~d Ir.stri::t 1hat are .........u1ly d::Iinqu:m in th~ ?2Y:::::::l:
of ad 'V2Il= = :me. Thn..,.".., H~cr, mc:tnncaI d::1inqn::ncies of 1h: prior = 0::"'-== in
th: p...rym::nt of ad '\.uor= -:zx::s -Mtb .~~ 10 th: p.iUjT"'" [y DOW lo:::a1:d within th: DoUD:Z1:5
of ~ ?ropo~ v-5tci=t In in: vlll.ag: On=.Ar::a S of su::b d::Iinqu:m tex:s ~~==
D'.:'nt = inA~"U5'L of 1997; ~6.912 of~:5 'Wifu~7...::t 10 th: ~ '"l:J=:'
l:l-::n---i in \;:;n~.:= 1.3 aT:: b:ing paid by 1h: Dev::1op:::r on an ;,,~ l;'.n~T pim:; znd !h~ :,2.1~::;~ D:-
'fu: 0-.zy Ran::il .... ,,~_, " v..'2S T:SD=Dl~ iar S1339333 dciinou::n1 ad '\-:a1= =:5 WlD::il -,;,'=-~
- - - - -. -
~T'!~ =~_';'ug'2St ofl?97.
:=,-,71"';:5 ~ = o~ w= ::omroll~d by]= an.d _~..d 3ala...'ir1 an.d '" :r ~_ ~:,;=:~.
~::l'!1m~ 3ii~~ 3ui:i6.:::s.. In::~ 3a1d';:..'in 3ui1~ Corr~'2=tD-~ L~ Tig:: T ",:0 ::-e\'ej~:;::=::=:.
1-"...".-1 V.ill~?= '-', C~:~"'~<:?~ 1 i C zrld]~ D:v::1~^(io=.aliJ' V'ili=;:
Z:"=,.:iopm~~ :fJ~:::'':' -\W~~= ?rop~~::s) hzv: b=:n~O!5lD}= fur ~~m==:rr ~!::J.~~-:;=~::5
~~~: pz:.ym.::rrr. ofJ~=Iic-Rons ::th:Ommmy :f?~'m::.s ~-ci::t sp--=ial ~ and ;ri Y2.lo=-=::;:; :z::::::.::
~~:=sp--=tID :J.:.J:--:=!}" in yrio'US ci~vdopm:n!Sm cmnomia, as ri~=uss::d b::lo;.\'.
.Marlin D:v:lu~ (~Marlin) is a Ca:iifurnia. g==:al J-' . ..-....ihi2J. v.iD.i::il v.-zs fD=~ in
19741lnd::nil: == "\im".:': :r.uy.ni=" V;li,,!:-1':io~ues cbanged its == in]=, 19?5 w
~vlllageD:v::1u,;.w=u1~ and snbs::qo::otiy cblmgedits=againinND'V'="=, 1.996 m "Mrl;Tl
D::v::1o:;m>'"TTt". -rn" g=n::ral pa:rm::IS of Marlin =1= Baldwin and_.6Jfred.E. 3a1cr.-'ir1.
Mz:ii:n 1= b= in th: d..-v::1opm::m busin:ss for ov::r 24 y= .Marlin D::v::1opm=t v.'2S
~ in th: p-"'}'m::m ofM~l1G-Rocs sp-..;~l =:5 on pmp::n:y lo:::a!ed in Sa!! Ma.-::::>s 2.:::':
?O:-LOla ~lic:. C2Efo::aiz.: no~'=,'=-.. 211 ci.eli:1:::ru.::rn ~-;?J 'tZX~ v;ith ~SD--=t to '!!1:!S: :r2r~=:::::5
. . ... ..... ..
;'2-v: now De:n pzid..
C~1":;1n~ I.l..C ~tT ov..'T$ nroD:;m' in ~~ Califcm:ria and is r-~~:0:!""~: i:l:::.~
. r... ... .... _
:'::23'3::D1 ofMe:llc-Roos sp~::ial =~s and ad '\.uor= =:5 OIl ti:ris prDp...uy_ On l"c'-"=~ J g,
1.99E~ in:: COHT:'"}" oILos _~el:s v.."2.S granted a judg:::m.en1 ofFor=-dcsu:r: ~0"?;T"'i Ca12.basa5.:
I...LC :fo~tDe d=r~,?".l~t t2X::s... Ciianzsas~ LLC !-:?t:: ill::d an app--al oIT'h;c: j'lri~::::D.=:l:'
i,... "-';'1' ; 0:" 3aj""":D 3ui.l='= :in- 2. -o~~.:::ion o"..n.d bv '=.s 2.:ld .; ;';:".". ::>aj..,n"_
..;..o..J.....~_ _-,-,_.. 1,.,::' ,.... .....l..!-'... _.,'" _ ____-J _v,_
z:12 3ald"'-m 3ci}~g Co::r::'2=-LO~ Ltd..., a pa.-m:-.illip o~'Ded 97~~ by 3a1civ.w 3~ie:-.s.. l=l:. (~~
"3aj.:"i:1 CompE:l}'l :fij~d fo~ T~org~";'nn;OIl uncb C-,,"::>t:::r 1] ofth~ 3anL-upr.::y Cad:..
In re~~.:.::y 1996, in order to oo:ain ne'w n~~ci,,~ for ine BaJd~in Comp2:UY: ja.:::;:)::S 2.3i
-" i .-. ::d 3aldv..'ir1 :-_"onal1y CDilu.Jm!ed land th~ 0"",11::0, 'with 2.:l ~srim"t.ry va1u: of 01'::- 530
,...,iiiiDIl 2.:ld ~d 10 =sf::r COIIrrol ofth~ 3aldwin Comp2.:l)' 10 2. ~ s~]e..'"1.::d ~y:he :::e..,,'
1e:J:i=. P= 10 an 2.2T=:::nt =01'::0, bv the bllDL-mJlcY court. th~ 3aldwi~5 zrld the::
- - - .... - - -
;:::-'!:a:r.=s -,,---~::>~..,.-~ --.,.~~?' ~,.i1 -....i-=.S 0: ~ll ...~-;~, "l'1~~""" T!-.. 3""in"'r"''';-' CO""-'-'::l:-Y ~ :;'4>,... "=,';.::-=--';:':~
... _.........~:_~~~4..1...:::.1..!..........:"'....~..... ...:..:::.w.....J...... ........~~_ ""'-!\.O......:...o....L ......i-"-.;...:.. ~_ ___ _
C:'.-;~J:I'\\'S\:J=:S-,,-J:}?L.t~ii::zIio:: io: Es-..zb 0;- C::::;::"::io:
7/
~::':::::J::: :~
Preijmi""IY Title Report
(to be pTO\'iC::d)
.
.
.
c:" .;::'Q~-';:S:".::J~i:TQ~ -~-=:J::::z:..ior. to; =s...ai'l 0: C?:::':..c:;;;:
72
....-',
~ ~
-.-
-... '-'::-
-- =:~-~~~~~-~=
:-.-:;..::- .;,:?-:-
. -. -,- -.. ~. -.-
- -- - -
~ ~---'--~-- -
ern- OF CHm.... \'ISIA
COMJ\lU1'l'lTY FACILITIES DIsnIcr
GoAJ.. A."lD POUCY REpORT
'E. K...ffl .:B IT 'f
.it.PPlJCATIOS OF OU'I' PROJECT L.1'. (OIAY RA..''iCH)
UNDERL V1NG PRINCIPALS OF POLICY
I . Protection of the public intc=I,
2. faim= in application of special taxes tD cum:nt and future property own=rs.
3. full disclosure of special tax liens.
4. credit worthin::ss of sp=cial = bonds,
5. protecting Cn,;s credit rating zud financial position.
6. applicants pay all costs ZS""";2TPM wtIh C.F.D. icmnation.
F1NDING OF PUBLIC L1l,"TEREST OR BENEFIT
Poli"" Summer""
Tn. City Cou=il may 31ltOoriz:: pro:::-n;Dgs to to: CO".m..-il d::t=nines Thm the pubii~ improv==rs 10 b.
financed provide ben..-fu tD!he community arlarg:: as vdl "" b=ncii: witllln !b: C.F.D.
Application
The application sw::s improvem::nts to be financed. inclwi: Olympi: PatXway (phases I and IT), Pas::o
Ranchero. Palomar, slop. landscaping, Public Facilities D<:velopnu:nt lmpac:t F = :md Pedestrian Bridge'
Impact Fees
AUTHORIZED PUBLIC FACILITIES
Poli"" Summ",,'
Improvcmems must ix: public improvements which will be ovvn::d., cp~.a..d or maiD:ain:d by the C1!)' or
other public agency... lmprovem= must s:rve a m:ighborbood area or gr::arcr.
AnDlicatioD
Improvements to b. financed an: primarily roadways Thm will be azquired by the City. Tnese roadways
have primarily regional b=nefu.
\\I'-"TSF.R..\<"'ER.~\"lo.'ORKDIR.S\C~-rs\C..~J.i.-A. vST".s'~32 McMillUlo\GOA.UST:.cio:
1
73
-'
-:::..:::..c:..
C:':.. * --
;:;;: ~_:rrl.>I-::-:J_.:.e;:;;
:-.-:::;....:- .:.:::--:
-.=. :::...::::..- :---.
- - - -. -. -- - .
PRlORlTIZA TlO~ OF PUBLlC IMPROVEME!'I1S
Pol;::-' Summ.aT'"
FrrS! priom)' of a C.F.D. ::stai>\ish::d 1>)' the City is tb: provision of public improv:mcn:s b~~-nf;n: m:
City. Second priority is th= provision of publi:; unprovemcots owned. opo:rared or ~ by oth::r puoli:;
ag::n=.
.
Analic:atioD
lmprovcm::nts to be :financed generally bcn:fn thi: City. Some improvcmcms will be acquir::d by Otay
Wat=r DiM::t.
A'LlHORlZED PUBLlC SERVICES
Pol;"" Summan-
Pubii= s=!v;= proposerllD be :finan=d may generally include 1) parkways. :m::ciians and op::n s1'=; 2)
ci...<rinzge and :flo"d co=land 3) oth::r services authoriz::d by tho C.F.D. Act and aliopu:d by the City.
Apnlic:atioD
Sp--_-iaI t=..-s .....ill De usee to =quire ';;'~iiiti<:s. No s::rvi= arc to De funded by this propos::d C1'.D.
REQUIRED VALUE-TO-DEBTRATlO
The ''''-lu.i..:..d wine to lien ratio must be at least 4:1. A C.F D. with a wlue-to-licn between 3:1 and 4:1 is
allowed based upon cirnnn-..""" aDd a dclcrmination af1hc Ciry Coancil.
.
Application
The valuc to lien ratio is Dot known and will not be known uatil compl=rioD of the appraisal to be
undcrtak=o for the bond issue and final d=mination of facilitics to be :financed. An appraiser selec=d by
3DO under contra:! to the City will be preparing the appraisal. Th= City's finance = will direct the
appraiser and provide guidance on scope of work and m..-modology consist<:nt with policy.
MAXIMUM AGGREGATE T.6.XES .o\ND ASSESSMElI<TS
Poli"" Summarv
Tn: =ximwn annual special tax insrallm::nt applicable to any residential parcel shall DOlt exceed one
pCf"'_-nt of the sales price. Total taxes shall Dot exceed two percent of initial sal:s price. Tne C.F.D. poiicy
provides a mechanism to buy down to 2% at e\osing to meet the maximum tax policy.
\\.....'TSER. \1E.~~\.WORKDIRS\CL..lDlTS\CHUI...A.VS7lQ'7~:;:: M:M.il1inV30A:..:I~.do=
2
71
-~ - .
,-'-:- .
-... =: ~:....:),'i~'''-~J_.::e=-
~ ~- ,,- ~~--
:<-:-. -::
: =:: So:: =-:::-:
. '-'- '-~~
Annlication
Tne application docs n01 address this point. .Li:rutlllg th: maximum a.ggregae tax is a=omplisbcd QUClog
dcvcIopmcm of th: rau: and method of apportionm= and tit: bond sizing/ebb! sern"" phase 0: :iu:
diligcnc::.
SPECIAL TAX REQUIREMENTS
Policv Summarv
The ~ and method of apponionrncnt shall a.dh=re to sp:::ific r:quin:mcnts cL"'tailcd within the policies.
ADDlicatiDn
Tne City has sel=ted and hired. the Special Tax Consuhant. who wil1 be cha..r....ci with preparing a rau: aIld
~od =i=1 with City guidelines. The developer pro~ a sU!L=d r<.t:: and method tOm: is being
r=vi::w:d.
TERMS A?o-"D CONDmONS OF SPECL"\..L TAX BONDS
Policv SUI1)tl12n'
A,] = and conditions of any taX bonds issu=d by the City shall be es:ablish=d by the City.
ADDlicrtion
T cmlS and conditions of a band sale have not yct b=1 ciis::ussed and tber-...fon:: are not yet d:tcanincd.
T =tIS of a bond sale w1l1 be d:t:rmiD::d during the bond phase by the City's i';nRnr'" team that inclUlb
st:aii: :financial advisor, bond comrsel and otl= participarrts.
DISCHARGE OF SPECIAL TAX OBLIG..... nON
Pooe>' Summan'
Sp::cial Tax obligations may be prepaid and dischar],cd in "'uol: or in pan a1 anytime.
ADDiic.ation
The City's Spe::iaJ Tax Consultant will prepare a rare and method tOm: contains prepayment provisions.
\\."'" iSER\'-o!.\Cmnmon\WOR.KDIRS\CUE~7S\CHL1_AVST'.9i~3:Z M:Milli:l\C'rOALISTZ.ao=
75
'- -. '. - - ;::-: ~-~"',,:,,,'.-=::.!_.:....:==
~-'.-.-.~--
::"-::"- --
" - - - - - -.
------->- -
_ L _ ~.
PROPERTY OW.'\'ER DISCLOSCRE
PolicY Summan'
.'I.ppbcants are Tequired t=> d::monstral:: thar tn= will be full dis:losur:: of sp::=ia] taX obligatiO"" ",
prospective purcbascrs of property.
A""li..tion
A form of disclcsun: was not proviried with the applicarian. T ypica1ly. disclosun: fonns are prepar<:d clos::
to time of sale to end us:r.
PREFORMATIO!'i COST DEPOSIT A.~ REIMBURSEMENTS
Poiir:v Summsf"\o'
All C~ ane. wr.sui=: =ST.s ineurr-..:! in appll:::ation pro:...-ss ancl pro::-n;ngs will be palo by 2p?1l=: by
ach,-an= deposi:.
Aopiication
Tn:: City ~ r=rv::ci a aeposir i~ City s--...a.:r tun::. Tn: 6:velop::= bas also pIOYJa::C. a ~?os.n I:);
consullant =. Deposited amounts are subje::t to Teimburs::ment wheniif a bond issue doses.
L.....""D USE APPROVALS
Policy SIIJDI1UlI'V
Tne City may issue bonds s=red by sp::=ial !aXeS when a) pmpt:Tties have received applicable
dis::retioI:a..!, land use approvals =sist::nt ",~tn :5mm=ing assumptions and b) applicable environmental
revie\\-' is complet:_
Aoouc:arion
Tne application describes the =s of land use approvals as follows:
. City ofChula Vista Gen::ra1 Plan designation ofPlanne:l Community (PC) (October 23,1993)
. City of Chula Vista General Development Plan (GDP) d:scription as a nansit oriented village
permit::ing 1,757 single family homes, L566 multi-family homes. 11.4 a::res of commercia]
deveiopmem and 13.4 ""res of CPF uses. Tn: pian also includes ci..-signation ror neighborhood parks
and an elementary school. (O=ber 23, 1993)
Environmental Impact Report for the ChIlla Vista. G::n:=l Plan and GDP, October 23. 1993.
(Affirmed by thc California Superior Court, Court of Appeals and Supreme Count. Chaparral GT=S
v. Baldwin Builders)
City of Chuia Vista Sectional Planning Area One (SPA) Plan June 4. 1996. This pian more precisely
delineat::s the land uses generally depicted in the Q-.ay Ranch GDP.
. City of Chula Vista SPA One EIR, June 4, 1996
.
\\j\."'TSEJi:.V'ER\Cornmcm\Wo~m.s\C:.JD.-rs\CHULA VS'!'S7 53: McMi.I1in\GOAllST:.d=
-
7f(;
.-' .:.
D=-::..t: --
;=:=:_:.r-,:.:r,,-?':L'::;='=-
- ,,- ~- ,,~~-
:"-:'- -=
.':. ::...::::... c---.
- - - - - - - -- -
=- . ::'''::. '-
. Cr-y of Chulz V,,,'" approve:: TentatIve Subdivision Ma? (T"'::: ~o 9i-0-:) ~=,,=ber 19. :996 and
Mar--...b 25, 1997
. PreaIlII::xaDon D~clopm:n! Agn:cmcnt b::tWe= th:: City 0: Chula \'is\Z an': Ot.Ly Proj=... LLC Mar::i:
4, 1997 vesting th:: Otay Ran::h GDP, SPA plan m>d Tract ~o 96-04
City ofCbula Vista Tract 96-04 Final SnbdivisionMay (~A" Map) No. 13592 =nU:d June 24. 199~
. Final Subdivision Maps (R-I, R-2. R-3, R-4, R-5, R-8. R-9, R-14)
. Otay Ranch SPA 1 Pcmtit Approval
Phase 2B Mass Grading
Phase lB/4 Mass Grading
Phase 2B Rough Grading
Mona.rch: Drivt: lmpn:JV<:m..-nts
East Palomar Str=1: lmprovan=
Santa Y=z & Backbone Improvements
Pasco R.an=l=o lmprnv==
97-431 tbru 97-424
9&-268 tbru 98-270
98.276 thru 98-270
9&-141hru 9&-6
98-289 tiIru 9&-275
9&-331 thru 9&-347
9&-305 thru 98-290
10-9-97
5-14-98
6-25-9&
8-20-98
8-18-98
7-13-98
APPLICA nON PROCEDURE FOR DEVELOPME!\'T RELATED C.:F.D_s
PDI;",' Summa",
Any appli:::moD shall coo:raio sucil informatiOD and ;,: submitted in such fOtm recuir::d joy ti:: City
Manager. In addition =h appli:ation must conwn:
\~""TSER."ER\C~\UfOTU::lIRS\CI..J:E:?ro,."TS\CJ.nJ1..A. VST\S'7532 McMillin\GOAJ..JS'T':..ao:.
77
~
-~:. . :: .
= : ::'_:}"'rl'''-~:L'::''~::
-~-~-~~~-
:'-:-'- -::
.~.~--._~.-.
- - - - - - - - - - -
:: '- "
Exhibit J
.
There are no parcels in the Proposed District that arc cum:ntly dclinqw::nt in the pll.ym=nt
of ad val= tax installments. However. historical dcliDqut:ncies of the prier owner occurred in
the payment of ad valon::m taxes with lespea to the property now locatcd witbin the boundaries
of the Proposed District. In the Village One Area S of such delinquent taxes were
brought =t in August of 1997; $446.912 of dclinqu=cies with rcspcd to the 1.eIritory
10c:a1cd in Village 13 me being plIid by the DevelOJ= on an installment plllIl; and the balan::e of
the Otay Ranc.b.prcp::rtY was responsible for $1,339,333 delinquent ad valorem taxes wmciJ were
brought =en! in AUgust of 1997.
Entities tha1 me or w= controlled by Jemes and Alfu:d Baldwin and their fimrilies,
including Baldwin Builders, In::., Baldwin Building COl:l.lnl-""to:S, Ltd.., Tiger Two D:velopm::n:.
Ca:me1 Valley Partn=, Calab2sas, LLC and Marlin DevelopmenHformally Village
DeveJopm::n1, fOIm::rly Village Properties) have b= r.:sponsible for signifiCllIlt delinq=n::i::s
in the payment ofMe1lo-Roos community facilities district sp-...cial taxes and ad valor.:m taxes
with r:spe;:;t to prop::n::-' ill various d..-velopments in California, as clis...-ussed below.
Marlin Development ("Marlin") is a Califomia general partnership, which was f=ed in
1974 under the name "Village I'>.u....,rties." Village I'>.u",",~es changed its name in June, 1995 to
"Village Development" and subscque:ntly "hAngeil its name again in November, 1996 to "Marlin
DevclClpl'T'..m" The general paItDcrS of Marlin are James Baldvlin and Alfu:d E. Baldwin.
Marlin has been in the dcvclopU1e:nt busin::ss for over Z4 years. Marlin Development was
dcIinqucDt in the payment ofMe11o-Roos special taxes on }"uFi Jnrst...d in San Marcos and
Portola Hills, California; however, all delinquent special taxes with respect to those properties
have now been paid.
Calahasas, LLC currently owns prc>p=rty in Calabasas, California and is delinqu..--nt in me
payment ofMello-Roos sp-..cial taxes and ad valo= taxes on this property. On November 18,
1998, the Cotmty of Los Angeles was granted a Judgement of Foreclosure against Calabases,
LLC for the delinquent taxes. Calabasas, LLC has filed. an appeal of this judgement.
In July 1995, Baldwin Builders, Inc. a corporation owned by James and Alfred Baldwin,
and Baldwin Building Contractors, Ltel, a partm:rsbip owned 97% by Baldwin Builders. In::. (!he
"Bald'win Company") filed for reorganization under Chapter 11 of !he Bankruptcy Code..
In FelmLn)' 1996, in order to obtain new financing for the Baldwin Company, James and
liliied Baldwin personally ccmtti.huted land they owned with an estimated value of over $30
million and agreed to transfer conlrol of the Baldwin Company to a trustee selected by the new
lenders. Pursuant to an agreement approved by the bankruptcy court, the Baldwins and their
affiliates exchanged mutual full releases of all claims with the Baldwin Company. Tn:: Baldwin
C:\l'"INlX)WS\DESKTOPlAJl!lHeallan fnrE<tab orCFD2.do: 25
71
- - - - =: ::._:}"i~'''-:::'>:I_.:.r'::
- ,- ,- .~~--
:-'-:-'- '-::-. .
:-:::~-=-?:~:~.
::. . ;:"':- ,--';-
Company bas si=e had a plaD of reorgani7l'lt;on ll??!Oved IIIlO has e::n::rged from banbu?t=y
=:i::r the name "'New Millennium Homes. n The BaJdwins a.-.: not involved in the """n"fement
orNew Millennium Homes and have a de Min;".,;< o~p inIerest in th.a: company.
New Millermi= Homes was delinquent in 1he payment of sp::cial and ad valorem taxes
OIl all of its properties, including special taxes on properties Jrv-JItpod in r"l".."r"s (Los Angd::s.
CFD No.4), Amheim Hills (City of ADabeim. CFD No. 88-1, and Orange Unified School
District ern No. 89-2). and Portela Hills (Santa Am. Moun13ins Water District ern No.2 and
County of Orange CFD and No. 87-2). As part of its plan of =rgaDizal:ion, New Mill=ium
Homes bas either paid or ~ into payment plans with respc:ct to all of its delinqu=t special
and ad valorem t.axr:s.
C:\\llINDOWS\DESJ:JOP\Applh:m:ioft for &tab ofCFD2.do::: 26
KU
---'
)to;: TOT~ :='=tG=.B3 ":)1';
ITEM NO. 13B
..
~
COMMUNITY FACILITIES DISTRICT No. 99-1
REIMBURSEMENT AGREEMENT
.
THIS AGREEMENT is made and entered into this _ day of .. , 1999, by and between the CITY
OF CHULA VISTA, a municipal corporation (hereinafter referred to as "City"), and OTA Y PROJECT LLC, a
California limited liability company (hereinafter referred to as "Otay").
"
RECITALS
A. City and Otay have entered into that certain agreement entitled "Agreement For Financing and Construction
of Olympic Parkway and Related Roadway Improvements" dated as of April 20, 1999 (the "Financing and
conStruction Agreement") pursuant to which Otay has agreed to undertake the design, engineering and
co'futruction of certain improvements identified therein as the:Pbase 1 Olympic Parkway Improvement, the
Phase 2 Olympic Parkway Improvement (excluding the McMillin's Olympic Parkway Improvement as
identified therein) and the Paseo Ranchero Improvement. The Financi~ and Construction Agreement
further provides that Otay will submit an application to City requesting that the City initiate proceedings
under the provisions of the "Mello-Roos Community Facilities Act of 1982," as amended, (Government
Code Secti~331l and following), to form a community facilities district to finance Otay's share of the
cost of the construction of the Phase 1 and Phase 2 Olympic Parkway Improvements.
B. In the Financing and Construction Agreement, Otay agreed to advance funds to the City for the payment
of all initial consulting and administration costs and expenses related to the proceedings to consider the
formation of the Community Facilities District and to subsequently authorize, issue and sell bonds for the
Community Facilities District (the "Proceedings"). Such monies shall be subject to reimbursement or credit
pursuant to the provisions of this Agreement upon the successful sale of bonds for the Community Facilities
District and the receipt by the City of the proceeds of such bonds.
C. Otay has submitted an application to City for the formation of Community Facilities District No. 99-1
("CFD No. 99-1") to finance the construction or acquisition of Phase 1 and Phase 2 Olympic Parkway
improvements and other public improvements serving the Otay Ranch SPA One properties.
D. The parties hereto wish to enter into an Agreement to memorialize the terms and conditions pursuant to
which Otay shall advance monies and the monies so advanced may, subject to certain conditions contained
herein. be reimbursed or credited against future special tax obligations.
AGREEMENT
The parties hereto. for mutual consideration, agree as follows:
SECTION 1. Advances. Otay shall advance monies to the City in such amounts and at such times as specified
below.to pay all costs and expenses incurred by the City in undertaking the Proceedings, including without
limitation. the following:
A. Special Tax Consultant services;
.-1'
1
B.
Bond counsel services;
..
"
C. Financial advisory services;
D. Appraisal and market absorption services; and
E.
City staff and City Attorney time.
:
All such costs and expenses are collectively referred to as the "Formation and Issuance Costs."
Advanc~ shall be made to the City pursuant to the following schedule:
A.
Otay shall advance the amount of $175,000, receipt of which is hereby acknowledged by the City.
B.I
-=~
If monies in addition to the initial advance are necessary to pay for the Formation and Issuance
Costs, the City shall as necessary and from time to time make written demand upon Otay and Otay
shall immediately thereafter, within five (5) working days, deposit said monies with the City to pay
for the balance of the Formation and Issuance Costs. If such ~ditional monies are not timely
received, all Proceedings shall be suspended until such monies are received.
SECTION 2. Reolll!tls. The City agrees to keep records consistent with its regular accounting practices of the
amount of monies advanced and the expenditure of such monies. Additionally, the City shall enter into and maintain
contracts with all consultants which shall specify the scope of services and compensation to be paid to all such
consultants. Such records and contracts shall be available for review by the Otay during normal business hours
upon reasonable notice to the City.
SECTION 3. Reimbursement. If CFD No. 99-1 is formed, Otay may elect among the following options for
the reimbursement of monies advanced pursuant to this Agreement:
A. All monies advanced shall be reimbursed in cash solely from bond proceeds;
B. All monies advanced shall be applied as a credit upon the special taxes to be levied against
properties then owned by the Otay; or
C. A combination of the above.
If the Proceedings to form CFD No. 99-1 are not completed and are abandoned for any reason at any time
prior to the successful sale of bonds or CFD No. 99-1 is unable for any reason to issue or sell the bonds, there will
be no obligation on the part of the City or CFD No. 99-1 to reimburse Otay for any monies previously advanced
pursuant to this Agreement; provided, however, the City does agree to return to Otay any monies previously
advanced which remain on deposit with the City and which the City determines are in excess of the amount
necessary to pay for any outstanding Formation and Issuance Costs previously incurred by the City.
SECT~ON 4. Ownership of Documents. All plans, specifications, reports, appraisals and other documentation
as prepared as a part of the Proceedings shall become the property of the City, regardless as to whether the CFD
No. 99-1 is actually formed.
.,
.,
2
SECTION 5. No Obligation to Form CFD No. 99-1.':Otay acknowledges that the decision of the City Council
to form the CFD No. 99-1 is an exercise of the legislative authority of the City Council and that the City may not
enter into a contract to obligate the City Council to exercise its legislative discretion in a particular manner. This
Agreement does not, therefore, in any way create a contractual, legal or equitable obligation of or commitment by
the City to approve the formation of CFD No. 99-1. The City expressly reserves the right to abandon the
Proceedings for any reason at any time prior to the completion thereof. Should Otay desire to abandon the
Proceedings, Otay shall provide written notification of such desire to the City and request the City to immediately
terminate all consulting agreements and use all efforts to minimize any and all Formation and Issuance Costs.
SECTION 6. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall
be deemed an original, but all of which together shall constitute one and the same instrument.
SECTION 7. Arbitration. Any controversy arising out of this Agreement or its breach shall be settled by
arbitration if, prior to the commencement of any legal proceeding arising out of this Agreement or its breach, either
party demands by written notice that such controversy be arbitrated. After such demand, and within ten (10) days
from sucIf demand, the parties shall attempt to designate a mutllally acceptable individual to arbitrate the
controversy. If within the ten (10) day period the parties are unable to designate an individual, the controversy
shall be arbitrated under the rules of the American Arbitration Association, and wdgment on the award rendered
by the arbitrator chosen by the parties or used pursuant to the rules of the American Arbitration Association may
be entered in any court having jurisdiction and shall be fully binding on the parties.
.r:::" .
SECTION 8. Authority to Execute Agreement. The City and the Otay represent that the individuals signing
this Agreement have full right and authority to bind their respective parties to this Agreement.
SECTION 9 Best Efforts. The parties promise to use their best efforts to satisfy all conditions to this Agreement
and to take all further steps and execute all further documents reasonably necessary to put this Agreement into
effect.
SECTION 10. Successor and .i\ssigns. This Agreement shall be binding on and inure to the benefit of the
respective parties and their respective heirs, legal representatives, successors and assigns. Otay may not assign its
rights or obligations hereunder except upon written notice to City within ten (10) days of the date of such
assignment indicating the name and address of the assignee. Upon such notice and the assumption by the assignee
in writing delivered to the City of the rights, duties and obligations of the Otay arising under or from this
Agreement, Otay shall be released for all future duties or obligations arising under or from this Agreement.
SECTION 11. Singular and Plural; Gender. Whenever used herein, the singular number shall include the plural,
the plural number. shall include the singular, and the masculine feminine or neuter gender shall include the others
whenever the context of the Agreement so indicates.
SECTION 12. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto with
respect to the subject matter hereof. This Agreement may not be altered, modified or amended except by an
instrument in writing executed by all of the parties.
SECT~ON 13. Governing Law. This Agreement has been executed in and shall be governed by the laws of the
State of California.
'I
3
SECTION 14. Construction. This Agreement shall beoconstrued as a whole and in accordance with its fair
meaning. Captions and organizations are for convenience and shall not be used in construing meaning.
SECTION 15. Severability. If any term, covenant, condition or provision of this Agreement is held by a court
of competent jurisdiction to be invalid, void or unenforceable the remainder of the provision thereof shall remain
in fun force and effect and shan in no way be affected, impaired or invalidated thereby.
SECTION 16. Notices. An notices and demands shan be given in writing by personal delivery or first-class mail,
postage prepaid. Notices shan be addressed as appears below for the respective party; provided that, if any party
gives notice of a change of name of address, notices to the giver of that notice shall thereafter be given as
demanded in that1-totice. Notices shan be deemed received seventy-two (72) hours after deposit in the United States
mail.
,
CITY:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910 ~
Attention: City Manager
_...
-.,.
OT A Y PROJECT LLC
350 W. Ash Street, Suite 730
San Diego, CA 92101
Attention: Kent Aden
\
OTAY:
South Bay Project, LLC
191 W. Wilbur Road, Suite 102
Thousand Oaks, CA 91360
Attention: David Green
SECTION 17. Time of the Essence. Time is of the essence in the performance of the parties respective
obligations herein contained.
SECTION 18. Waiver. The waiver by one party of the performance of any covenant, condition or promise shan
not invalidate this Agreement, nor shall it be considered a waiver by him of any other covenant, condition or
promise. The waiver by either or both parties of the time for performing any act shall not constitute a waiver of
the time for performing any other act or an identical act required to be performed at a later time. The exercise of
any remedy provided in this Agreement shan not be a waiver of any consistent remedy provided by law, and any
provision of this Agreement for any remedy shall not exclude other consistent remedies unless they are expressly
excluded.
SECTION 19. Amendment. No provision of this Agreement may be modified, waived, amended or added to
except by a writing signed by the party against which the enforcement of such modification, waiver, amendment
or add(.tion is or may be sought.
SECTION 20. Hold Harmless. Otay shall defend, indemnify, protect and hold harmless the City, its elected
officials and appointed officers, and employees from and against an claims for damages, liability, cost and expense
'I
4
,
.
(including without limitation attorneys' fees) arising direetly our of, or inditectly to the extent arising out of, the
waiver by the City Council of the City's procedures for the selection of any of the consultants identified in Section
1 and retained by the City to assist in undertaking the Proceedings. Otay's indemnification shaU include any and
aU costs, expenses, attorneys' fees and liability incurred by the City, its officers, or employees in defending against
such claims, whether the same proceed to judgment or not. Further, Otay at its own expense shall, upon written
request by the City, defend any such suit or action brought against the City, its officers, or employees. Otay's
indemnification of City shall not be limited by any prior or subsequent'declaration by the consultant.
.
[Remainder of this page intentionaUy left blank.]
\\
=
t
It::11:-:::
.
'I
5
,
SignatuJ_e Page.
to
CFD No. 99-1 Reimbursement Agreement
between
the City of Chula Vista
and
Otay Project LLC
.
IN WITNESS WHEREOF, City and Otay have executed this Agreement thereby indicating that the~have read and
understood same, and indicate their full and complete consent to its terms.
\\
Dated:
, 19
CITY OF CHULA VISTA
."
By:
Mayor
Attest:
.
a.. 0'._
City Clerk
Approved as to Form:
City Attorney
City of Chula Vista
Otay Project LLC, a California limited liability Company,
By: Otay Ranch Development LLC,
a California limited liability company,
Its:
By:
H:IHOMEIENGlNEERIASMTDlST\99_1 lREIMBURS. WPD
.
6
ITEM TITLE:
COUNCIL AGENDA STATEMENT
A.
Item3
Meeting Date 7/13/99
Resolution / 'I p.}C; ofthe City Council ofthe City of Chula
Vista, California adopting a boundary map showing the boundaries of the
territory proposed for the inclusion in proposed Community Facilities
District No. 99-1 (Otay Ranch SPA One - Portions of Village One,
Village Five and Village One West)
Resolution ) C) 5;s 0 of the City Council of the City ofChula
Vista, California declaring its intention to establish Community Facilities
District No. 99-1 (Otay Ranch SPA One - Portions of Village One,
Village Five and Village One West) and to authorize the levy of a
special tax therein to finance the acquisition of certain facilities
B.
C. Resolution / 7'.5.3 I of the City Council of the City ofChula
Vista, California ordering and directing the preparation of a report for
proposed Community Facilities District No. 99-1 (Otay Ranch SPA One
- Portions of Village One, Village Five and Village One West)
D. Resolution /955'.2. of the City Council of the City ofChula
Vista, Califomia, declaring its intention to issue bonds secured by special
taxes to pay for the acquisition of certain facilities in Community
Facilities District No. 99-1 (Otay Ranch SPA One - Portions of Village
One, Village Five and Village One West)
E. Resolution ) 7' S .-57 of the City Council of the City ofChula
Vista, California, adopting boundary map showing territory proposed to
be annexed in the future to Community Facilities District No. 99-1 (Otay
Ranch SPA One - Portions of Village One, Village Five and Village
One West)
Resolution J9~r::: 31 of the City Council of the City ofChula
Vista, California, declaring intention to annex territory in the future to
Community Facilities District No. 99-1 (Otay Ranch SPA One -
Portions of Village One, Village Five and Village One West)
SUBMITTED BY: Director of Public Work~ (
CityManag~~ ~
Otay Ranch LP has requested the City to initiate proceedings to form a Community Facilities District No.
99-1 for the acquisition or construction of public facilities serving their properties on Villages One, One
West, and Five. Tonight's action will provide the proposed rate and method of apportionment for the
district. establish a boundary map, describe the authorized improvements, direct the special tax
consultant to prepare the Special Tax Report and set the public hearing for the district for August 17,
1999. Council will also be initiating annexation in the future proceedings for certain parcels in Villages
Five and One West not currently owned by Otay Ranch LP.
F.
REVIEWED BY:
(4/5ths Vote: Yes_NoX)
RECOMMENDATION: That Council:
/'1--'/
Page 2, Item~
Meeting Date 7/13/99
1) Approve the resolution adopting the boundary map for CFD No. 99-1,
2) Approve the resolution declaring the intention to establish CFD No. 99-1 and
to levy a special tax to finance certain facilities,
3) Approve the resolution ordering and directing the preparation of the "Report"
for CFD No. 99-1 .
4) Approve the resolution declaring intention of issuing bonds for financing the
acquisition of facilities in CPD No. 99-1 .
5) Approve the resolution adopting the boundary map showing the annexation
parcels for CFD No. 99-1.
6) Approve the resolution declaring the intention to annex territories in the future
to CFD No. 99-1.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Otay Ranch Company has formally petitioned the City to form Community Facilities District No.
99-1 (CFD 99-1 ) pursuant to the Mello-Roos Act of 1982 for financing the construction and/or
acquisition of certain public improvements serving Villages One, One West, and Five of the Otay
Ranch. In a previous item of tonight's agenda, Council approved the Application submitted by the
developer for the proposed CFD 99-1 and authorized the initiation of proceedings.
Community Facilities Districts provide the necessary funding for the acquisition of public improvements
by levying an annual "special tax", which is collected from the property owners in conjunction with the
property taxes. There is no direct cost to the City. All expenses related to the district administration
(including levying and collecting the special taxes) are funded by the district. The ultimate security
behind the bonds are the properties located within the district, mt the City's General Fund or its ability
to tax property within its jurisdiction. This district will be formed in conformance with the "City of
Chula Vista statement of goals and policies regarding the establishment of Community Facilities
Districts" (CFD Policy).
District Boundaries
Exhibit 1 presents the boundaries of the proposed CFD which includes all parcels located within Village
One, Five and One West owned by the developer. At buildout, the district would contain a total of
2,925 Single Family Residences, 1,352 Multifamily Residences, 8.1 Acres of commercial and 10.7
Acres for Community Purpose Facilities (churches, day care, etc.).
It should be noted that the City has already formed Assessment District No. 97-2 ("AD 97-2") over the
properties in Village One. AD 97-2 is financing the acquisition of backbone infrastructure serving SPA
One (i.e., Paseo Ranchero Phase I, a portion of East Palomar Street within Village One, Monarche
Drive). The assessments levied by AD 97-2 appears to be below the "2% maximum tax" criteria
established by Council Policy. CFD 99-1 proposes to use the remaining debt capacity to finance
additional public infrastructure. Several houses have been already sold in Neighborhoods R2, R3, and
R4 of Village One. Those areas have been excluded from CFD 99-1.
Several parcels in Villages Five and One West, not currently owned by the developer (see Exhibit 2),
are not within the boundaries of the proposed CFD 99-1. Tonight, Council will be initiating
"Annexation In The Future Proceedings" for those parcels. This will establish the legal authorization
to annex such parcels at some future date upon the consent of the owner of such property given at the
time of annexation and without the necessity of a formal election. By approving the proposed
/ t/ - .J..
Page 3, Item~
Meeting Date 7/13/99
resolutions, Council willI) adopt the boundary map of the proposed annexation, 2) declares its intention
to annex such property, and 3) set a protest hearing pertaining to the proposed future annexation for
August 17, 1999. Assuming that a majority protest is not received from the owners of the properties
that may annex in the future. Council may adopt a resolution to provide for the future annexation of
such property. Such parcels may then be annexed at some future date upon receipt of the written
consent of the owners and the recordation of an amended boundary map and amended notice of special
tax lien. It should be noted that the annexed parcels will be subject, upon annexation, to the same
maximum tax rates and provisions of CPD 99-1.
The Improvements
The special tax consultant has prepared a preliminary "2% maximum tax" analysis based on estimated
house sizes and prices (see Exhibit 3). Said analysis sets the amount of the maximum special tax that
may be levied by CPD 99-1 . The proposed taxes are discussed below in the section "Proposed Special
Taxes". Additional calculations show that the maximum tax revenue (using the proposed taxes) from
all the properties within the district would support a total bond indebtedness of approximately $41.6
million (assuming a 6% interest and a 3D-year term on the bonds). A bond sale amount of $41.6
million will finance approximately $33.3 million in facilities (i.e. grading, landscaping, streets, utilities,
drainage, sewer, pedestrian bridges, etc). The balance will provide for a reserve fund, capitalized
interest and pay district formation and bond issuance costs.
The developer is proposing the financing of backbone streets and associated improvements (i.e.,
grading, sewer, streets, landscaping, utilities), public facilities DIF improvements. and pedestrian
bridges. Exhibit 4 shows a preliminary list of facilities with a total cost estimate of $68.7 million.
Tonight, Council would only be approving the general nature ofthe improvements to be financed by CFD
99-1. As mentioned before, it is estimated that only $ 33.3 million may be able for funding by the
district. A final priority list and cost estimate of the improvements eligible for CPD 99-1 financing will
be brought later to Council in conjunction with the Acquisition/Pinancing Agreement.
Ultimately, as subdivision exactions, the developer will finance improvements that this CFD district cannot
finance. The proposed CFD lies within various Development Impact Fee (DIF) benefit areas (Poggi
Canyon Sewer, Transportation, and the proposed Pedestrian Bridge DIFs) which places a cap on the CFD's
ability to finance these improvements. Staff will work with the developer to achieve a balance between
DIF and non-DIF improvements within the district.
The actual amount to be financed by CPD 99-1 would depend upon a number of factors including final
interest rate on the bonds and value to lien ratio and may be higher than the $41.6 million mentioned
above. Thus, staff recommends that tonight, Council approve a bond sale amount not to exceed $60.0
million which is specified in the "Resolution of Intention to Issue Bonds" that is before Council
tonight. The developer concurs with staffs recommendation.
Prol1osed Special Taxes
Tonight, Council would be approving the "Rate and Method of Apportionment" ("RMA") which
establishes the procedure for levying the special taxes in CFD 99-1. The district will have four
categories of taxation, as follows:
. Residential Developed Parcels (single and multi family residences) are taxed based on the square
footage of the building. Developed parcels are those parcels for which a building permit has
been issued. This tax rate has been determined by a preliminary "2% maximum tax" analysis.
Said analysis, which is based on estimated house sizes and prices, sets the amount of the
) 'f :-T
Page 4, ItemJL.
Meeting Date 7/13/99
maximum special tax that may be levied by CFD 99-1 on residential parcels. It should be noted
that a final test will be required at escrow closing using actual house sale prices. If the 2% limit
is exceeded, the developer is required to buydown the lien to an amount sufficient to meet the 2%
criteria.
The RMA proposes three zones corresponding to each of the three villages within the district. The
proposed residential tax rates are as follows:
Zone Tax Rate
A (Village I) $0 per dwelling unit + $0.28 per square foot of resi-
dential floor area
B (Village 5) $400 per dwelling unit + $0.29 per square foot of
residential floor area
C (Village 1 West) $400 per dwelling unit + $0.44 per square foot of
residential floor area
. Non-Residential Developed Parcels are taxed based on the acreage of the parcel. The RMA
proposes the following tax rates:
Zone Commercial CPF
A (Village 1) $1 ,600 per acre $400 per acre
B (Village 5) $3,717 per acre $929 per acre
C (Village 1 West) $4,266 per acre $1,066 per acre
As mentioned before, Village I is subject to the assessments imposed by AD 97-2. The annual
(AD 97-2) assessment installment is about $6,950 per commercial acre. CFD 99-1 proposes
to levy an annual tax of $1.600 per commercial acre in Village 1. Even with the lower tax
proposed by CFD 99-1, the combined annual obligation ($8,550 per acre) will be about 2.0
times the rates proposed for the adjacent CFD 97-3 (McMillin) of $4,000 per acre.
The commercial rates in Villages I West and Village 5 are comparable to the rates approved for
CFD 97-3. It should be noted that no commercial uses are currently proposed in Villages 1
West and Village 5; however, the proposed commercial rates would become applicable in the
event a rezoning to commercial is approved by Council. The CPF tax has been set at 25 % of
the commercial rate (similar to CFD 97-3). The developer considers this a tax that may be
reasonably supported by this land use category.
. The Undeveloped Land category includes all the parcels for which a building permit has not been
issued. The tax on Undeveloped Land is based on the total acreage of the parcel ($8,864 per
acre). During buildout, the collection from developed properties is not enough to cover the
annual debt service and the undeveloped land taxes will cover the shortfall. The special tax
consultant has determined that an undeveloped land tax of $8,864 is needed to meet the annual
debt service. Even if no development occurs and the whole property remains undeveloped, the
proposed tax will generate enough tax to cover the debt service on the bonds.
/L/~i
,.'
Page 5, Item~
Meeting Date 7/13/99
. The Taxable Homeowners Association Parcels are taxed based on the acreage of the parcel
($8,864 per acre). Same as the Undeveloped Land tax.
The RMA determines that no special tax shall be levied on up to 529.7 acres of Homeowners Association
Property and Public Property. This acreage includes all the parcels to be conveyed to the HOA or
dedicated to the City. Any dedication of public oro,perty above the exempted acreage of 529.7 acres
would require a discharge of debt such that no public lands would be taxed. On the other hand, any HOA
property above the exempted acreage will be classified as Taxable Homeowners Association Parcel at
a rate of$8,864 per acre. These categories were created to provide additional assurance to prospective
bond purchasers that the collectible tax will always cover the annual debt service.
Collection of Taxes
First, the maximum special taxes will first be levied on the developed parcels (Residential and Non-
Residential). If this pool of funds is not enough to meet the annual debt service, as may be the case in the
early years of development, the district will levy a tax on the Undeveloped Land. Again, if additional
monies are needed after the first two steps have been completed, the special tax shall be levied on Taxable
Property Homeowners Association Property. After buildout, if the annual need is less than the collectible
tax from the Developed Parcels, the special taxes to be levied in that specific year will be reduced
proportionally.
Since this district is assessed based on the square footage of the home the bond holders require protection
in the event that the developer builds less than projected. This district used a Backup Special Tax where
each final map ("Planning Area") will have to meet its projected total square footage or the developer will
have to make up the lost revenue by prepayment of special taxes. This type of Backup Special Tax will
require more administration by the City to monitor the development for every building permit pulled
however these administration costs are recoverable from the district. The Backup tax is payable in cash
or by posting a letter of credit. Once a Planning Area is built out the excess cash or letters of credit will
be retumed to the payer. There is a five year limit on the build out process. If the Planning area has not
been built out within five years of receipt of the first Backup Special Tax, all Backup Special Tax
payments shall be used to redeem bonds at that time.
The proposed "Rate and Method" also includes provisions for the prepayment of the special taxes
in the event the developer or a future property owner decides to do so.
Proposed Maximum Taxes
The rate of special tax levy for a variety of dwellings is as follows:
Land Use Zone A Zone B Zone C
(Village 1 ) (Village 5) (Village 1 West)
Single Family Residence $560 $980 $1,280
(2000 SF)
Single Family Residence $420 $835 $1,060
(1500 SF)
Multi Family (1000 SF) $280 $690 $840
CommerciallIndustrial $1,600 $3,717 $4,266
(1 Acre)
/ Lj - ___s
I ~ .'
Page 6, Item~
Meeting Date 7/13/99
Community Purpose $400 $929 $1,066
Facility (J Acre)
Vacant Land (1 Acre) $8,864 $8,864 $8,864
· In accordance with CFD Policy, these taxes are not subject to escalation.
Value to Lien Ratio Polic:y
Council policy requires a minimum 4: 1 value-to-lien ratio. A ratio of less than 4: I. but equal to or
greater than 3: I, may be approved, in the sole discretion of Council, when it is determined that a ratio
of less than 4: 1 is financially prudent under the circumstances of a particular CFD. A final appraisal
and lien ratio analysis would be available for Council consideration prior to bond sale, which is
planned for September 1999. If the final analysis shows parcels which fail to meet the 4: 1 or 3: 1
ratio, the developer would be required to either:
· Provide cash or letters of credit to maintain the lien ratio within the City criteria;
or,
· The principal amount of the bonds to be issued for CPD 99-1 will be reduced to
comply with City policy; or,
· Provide sufficient information to convince Council that a lesser lien ratio is prudent.
Maximum Tax Policy
Council Policy establishes that the maximum annual CFD special taxes applicable to any newly developed
residential property shall be no more than I % of the sale price of the house. In addition, the aggregate of
all annual taxes and assessments is limited to 2% of the sale price of the house.
A preliminary calculation of the maximum tax, using estimated house prices, has been completed and
all homes fall within the 2% limit (see Exhibit 3). A final test will be performed at escrow closing
using the actual sale price of the house. Council Policy requires that at or prior to each closing of
escrow, the escrow company shall apply a "calculation formula" previously approved by the City
Engineer to determine the aggregate of regular County taxes, Mello-Roos taxes, and assessment
installments. If the 2% limit is exceeded, the developer would be required to provide cash to buy
down the lien to an amount sufficient to meet the 2% tax ceiling. Compliance with this procedure
would ensure that the aggregate tax to be paid by the purchaser of the house meets the City's criteria.
Since the 2% limit is a City policy the limit is not being included in the rate and method of the
district.
Resolutions
There are six resolutions on today's agenda which, if adopted, will accomplish the following:
The RESOLUTION ADOPTING THE BOUNDARY MAP is the formal action adopting the map and
setting forth the boundaries of the proposed CFD 99-1.
The RESOLUTION OF INTENTION is the jurisdictional resolution declaring the intention on the City
Council to establish the proposed CFD, authorize the levy of a special tax, and set the time and place for
the public hearing for August 17,1999.
The RESOLUTION ORDERING THE "REPORT" is the formal action of the City Council directing the
preparation of a detailed report containing a description of the facilities and its estimated cost.
)f-~
14'
Page 7, Item...l..l.-
Meeting Date 7/13/99
The RESOLUTION DECLARING INTENTION TO ISSUE BONDS is the formal declaration of the City
Council determining that the public convenience and necessity requires that a bond indebtedness be
incurred to finance certain public facilities proposed by CFD 99-1. The bond amount of $60 million
approved by this resolution is a maximum authorization. The actual amount of the bond sale will depend
upon a number off actors including interest rate on the bonds and compliance with the value-to-lien ratio
criteria.
The RESOLUTION ADOPTING THE BOUNDARY MAP SHOWING THE ANNEXATION PARCELS
is the formal action adopting the map and setting forth the boundaries of the proposed future annexation
parcels.
The RESOLUTION OF INTENTION TO ANNEX TERRITORIES is the jurisdictional resolution
declaring the intention on the City Council to annex territories in the future to CFD 99-1, and set the time
and place for the public hearing for August 17, 1999.
Future Actions
Adoptions of tonight's resolutions will set the district's public hearing for August 17, 1999. There will
be an election following the public hearing for the land owners to vote on the district's formation. Once
the votes are casted, Council will be requested to certify the election and the district will be formed.
The public hearing for the Annexation Parcels will be also held on August 17, 1999.
FISCAL IMPACT: None, the developer will pay all costs and has deposited money to fund initial
consultant costs, and City costs in accordance with the approved Reimbursement Agreement. The City
will receive the benefit of the full cost recovery for staff time involved in district formation (estimated at
$40,000) and administration activities. Staff anticipates that most of the CFD 99-1 administration will
be contracted out. The CFD administration cost is estimated at $125,000 annually during buildout and
$75,000 annually thereafter.
In accordance with the CFD Policy, as consideration for the City's agreement to use the City's bonding
capacity to provide the financing mechanism for the construction of the proposed improvements, the
developer will pay one percent (1%) of the total bond authorization. Said requirement will be
memorialized in the AcquisitionlFinancing Agreement that will be brought to Council at a later date.
Based on a bond sale amount of$41.6 million, said monetary compensation would be $416,000. Said
amount shall be paid prior to bond sale (scheduled for September 1999) and will be deposited into the
General Fund. The CFD Policy also stipulates that said compensation is not eligible for financing by CFD
99-1.
Exhibits:
1-
2-
3-
4-
Boundary map - CFD 99-1
Boundary Map - Annexation parcels
2% Maximum tax analysis
List of facilities
July 2, 1999
CFD9911ldt
H:\HOME\ENGINEER\AGENDA\99-1ROIl.LDT
Jt/~ ?
-
k
"-
IQ
....
t
~
...-
I
0)
0)
.
o
Z
I--
U >
o...n::: 0
<( u... w z
:::i:l--z<(
o
~~ <( ~
<(- 0...-
o ~ (f) L1-
Z W
::J CJ) I '-'
Ow U <(
CD Z.....l
- <(.....I
01-- ~ >
w_
(f) -.J >- w"
0_ <( Z
0...,.. I- 0
0-0
~<( '-'w
o...LL ~
.....I
.....I
>
>-
I--
-
Z
=>
~
~
o
u
L1-
0
(f)
Z
0
I-
~ ~ ~
0 <. g
0... o I
~~ .
!
~ iiI
~ ~i
< ~~
o~ ~i'iu
~> ~~
<
~ol /:/:S
~~ 00.
,
.
-.
;~
-~
~;
w
z
o
w
'-'
<(
.....I
.....I
o
c.:l
w
is
z
<
Ul
u..<
Oz
~~
Zu..
:::l::J
0<
(J(J
-u..
~O
V>~
><
<~
-IV>
:::l
J:
(J
u..
o
~
(}
g:
Ol
~
~
i ~~
~ ~ ~ ~~
~ ~ ~ ~.
. . z ~~,
I ~.~
~~~
Q a: 3~b
Z I .c o(f:J;
t:J . i !!les
~ I ~.3
o(~~
~~~
i
'"
z
~
.
"~oIl! t!,
~ ~l ~~ ~
..~ 5 .;;0:.""
. I ~~
~ 5(: !~- I
~'I1i:: ~~~~
-0 !i.d,~
::: ~ ~ ;0'"
!ill~ ~~I!~
~~~
~U~
)ll~
~.
~
!
~
~ ~
~~I :~<I .~~i
"< ~o ~ ~ I~g
'0 ~ I g ~ ~~
:~~~.o: ,,~~~
~>- /:Fz ii\ a....
~:go~~ iiI J .~;
~~g;~g ~i .II~
~i~m ~!~ 1M.
;;~E~; EE~ ;1i;~
tU~~-1 ~ .Jh~~
e~<~~ .'0 ~.
~~~a ~ I~~!
i~3~:". M.~
_fO~</ '1_ 5S
8.
U;~
,~~u
~<<~
"~z.
~8g~
~
I~ ~
: ~
~
I...
.....
\tj
.....
t
~ ~
I .--...
f-
CTJ Cf)
CTJ ~
w
. z
o 0
Z t5
<(
I- =I 8
() > ~
Cf)O
c.. 0::: Cl <( z
~I-~~~U'i
'^o <(u..<
>-VI w O:z
O::-<(>z~tt:
<(Q c..lJ.. 01--12
Cl Cf) i= ::5 :J
Z W <( 0<
:::lcn5<.:>xuu
oWz:3w -u..
CD_<(......JZ~o
Cll-o::>~~~
w_ <
Cf) ...J >- W w :5 I-
o-~ZO::=>Vl
~()oo~i5
O::<(.........W:::lu..
c.. lL.. <.:> lJ.. 0
:3 ~
......J _
5 u
>-
I-
-
Z
:::>
:?i
:?i
o
()
lJ..
o
Cf)
Z
o
i=
0::
o
c..
~
i
! ~
~ ~ n
~ H ~
~ is ll. :z
I
II:
I
"
<
.
~
z
o
>=
(Il '"
...J 0
W Q.
U ~
s:imor"')('\"jf")"""'o
~oooo.-
Q. 0 I I I I I I
26000000
OJ"") J"")I"") to 1..0 tOo 0
-00000
..... I I I I I I
we::( I ......-1"')
a::x;;t:~:;::;t.q-'<t"v
::)w <D<.DCO<.D<D<.D
.....z <0
2~ ~ N n ..q: ui <0 r'
~
0>
-
'"
z
I -. ~
II .
~fj iQ
..~ ~ r~"~
~~! ;:::~"i
P4...( I..,
00 ~ "i~T
:o:a !..~e
~]~ :~:i
ilf~
~tl~
::ul
G~
I
<(
f-
ro
:c
x
w
o~, .
o . ~bl~
~h~~i .
b i u~~rl ~ ~ I~~
o.
o I ~~ ~w <~~b
~. ! ~ ~f< ! ni
b ~ii . . 8. r1
. ~ ii;bl << ~i;~
~ << ~~ ~ I!~
~~ ~~ .i, ~i5
0 ~i~ !~. ;I;!~! "'l;!~<'>
ob 'i1b ~ol ).~l:~
~bo bb h~~
~, <I~b~~i ~
. b. t:~~
bO
bl 55~ · 0 ~ oot; J~ln >
~ ~~~! , .
> . 0
. e ~;;bfli
~. .olb~!
zi i~i~I~~ M'b
~i JS! ~) '/ _
'.- sr- ^~--;;-;;o;a--;;;o-~-;;;o;o-;-X1~ (");o;o;o-~:%I;o;o;o:tJ;IJ;v;a::tl;O;IJ:::a;o:u;o~ (")n(");O;O;l:l;V;O;O;O;U;O;O;O;O;O;O;O;O;O;O;U;011
il 8~~~~~~~-llJ~~~-~~!a~'- ~f<l~-~~~~-~-~~~-~-;~~~~-~~~;' =l1~!.~~~~~~~~~':i;;i;~-~-~o..0~~';: - ~
:... 121> IU'(b)> m r. &. -:n "'ij -:0 ~ i=. N_ QQl~
I i ~ g E 2 g" r; ~ ~ ~ 2! t ~ ::::
~ ~ :g ~ 2 g ~ ~ .!..!..!..!.
-~oooooooooooooooooooooooooowoo -Q~oooowoooowoowoooowoooooooooooooo -QQ~oo~llloowool'woooo...oo,.. I.~
ClClClClClClClCltlClC:1ClClClClCl;ot "Tl"TlClClClClClClClClClClClClClClt::CltlCl .,,"~ Cl~- . . ClClCl. oCltlCloooClooo lB &
"
11~11~18n::S~~~~<D:$mm~~fl~~-I.'il, ~t;g:f.ll5:~~g~aflm$~~iia~~& I~:" .lil~i~~~tia~~ifltl~~:U~littzl~ I~
Inif
ge
p
.~
; i
,-
. .
ig
;pS
~~
d
~;
~:;
gJ;!
a~
~~
h
"',::
,
.
i
~
,
i
.
o
~
m
~
.
~
~
" "I
"11
;.:..... ....
II:... ,--........... ........J\l....
',1'0 I~I-<;D~<;D :'>""1'\) ~ r'.!1lI:",":-;<;D lJl.... "" ~
Tcn,Ol-<O.,."'.....<nt.Jo>........mO<DUlO...
NNW"''''",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
S~~~~~ii~~~~~~ii
N"'''''''''''NNNWW''''''NN''''''
.~~~~~~t: *~ ~ -~ ~~.~.~~
~~~~&~~~~~~~~~~~
,,"","',"', ,
",","','" ,
t~mt8~~~~$$~~t~~
o
~
i
~~-~~~--~---~-~~
.~ ~~a~~~~.~~~~~m ~~
~_I,.
Ii> Ii> "''''''''''./>../>../>../>.''''''''''''''I('',/>,./>.
~.= ~.~-~~.~t~~~ii~~m~~
~'I i
~ ~
~'~
~Ii
I'~ji
",
!~I~ ,.~sii~~ss~ss~~iis~
,Ii" Ii" ##.~~##.~~#.~##'#il.11.#
~lll,.~:~.~I~~~~g~~=~'~&2~~~
Ji~ Ir~II;:t~"~m~.~~~~~~~~~~~~
~8t!~&~~~~t!~~8~~~
i!~~i!~~'~'~~~~ni!~~
I. ,
N
'~ - ~- _N_N~ ~ _
I~I~~~~~~~~~~~PN~~~~-~~
I~:"" 0> ....<D~(D<;I....... "'O./>.....N _ ....001<(1 ~
-N~N~NNNN__~_N~~~~~
,~~~~~~~~~~~~~~~~~~~
NN~~N~~~N_NN~NN~~~
'O~~~~~~~~~~~~~~~~~~
'0~~~~88~~~~23~~~~~~
"""""'.",, .
~--_...-
.. -...
,~~~~~~~~~~~~~~~~~~~
"','" "',"",'"
""," """."",
~88~~~~~~8~g~~88~~~~
'""""",.""" .
"'./>../>.U'IO>"'''''''./>../>.~./>../>../>../>.U'IU'1''''''
~~*~~m~~~*~~~~~~~~m!
~2~~88~~~~22~~88t!~
~~~g~~~@~~~~@~~~~~@~
~--~-......~-_..._~~--~~
8~'"~~'8~~~~"R'$8.
~~il.iI.~#.###il.il.iI.~11.#.~'#il.iI.~
I'~'
<;I ... _ _
.... ~./>.U'I./>. ....... ....~./>._ ...
tl.' ~.N.N !lI.~.S.~.~.o.~.o.'._.N.~ II $._ ~
~,~~~~~~~~~~~~~~~*~~~~
I'~I - ----- -W-WN _ _
ix ./>.-~pI./>. ~ pi pi <;I.... ./>.plpI!C>./>.~pI."'~!IIP>~!II
I....UlU'l_U'I./>.OO>~~...U'I~O>O>Ul~./>.~O><(IO>O>(D
~--_..._~----~~~~~~~~~
,~~~~~~~~~~~~~t~tt~~~
~ ~N_ -~NN~~NNN~~
'~<;IOOO~~~o~~~~~~~~~~t
N NN_ "'NN~NWNN~~~
'~o<;l<;lo2~~o~2~~~~~~~~~
~~;~~~~~~~~~~~~~~~~~~t~
~~.5.U'IU'1./>.55U'1.U'I55~o>o~~~~w
- --_..._-_...~
,~~~~~~~~~~~~~~~~~~~~
""""""'" ""'"
~~i"'N~~~~U'I./>.~~$U'I...."'(Do>m....U'I~
~~~~g~gg~~~g.U'I~~~~~N~~<D
""""""""""" ,
"""""'", .""",
~~(D.--...-~.~_w~."'U'I"'U'IU'1U'1./>.~
~~~~~~~~~~t~t~~~~~~~~m~
N NN_ -NN~N"NN~N~
~ 2~8 82~~~~~~~~~
~ ~~, '~~2"2~"2~2
~~~~f~~~8~~f~8~~w~~w~~~
~~~ ~~--...~~N~~N
~~~~~~~~~~~~~~~~~~~~~~~
jr'
i... ~~&~t~~~~~~a~8~a~~~~~
~I.~.~~..~~...M.~~M~~'M..
11.~~o~<;I5~~....~N6U'1~....(D82$~s~~
~.'~ i~.~:I~~~.~~.~.~.~.2.~ ~_$i~ -~~ I.~~'I~ ~ ~ u m ~ ~ ~ ~ ~ ~ m ~ ~ ~ Il~II.~......~.f.~.~_~.~.~i ~j.~~.~j.~i.~.;j ~.i8 j
J!:!,~!!ffi ~~ ~~~e ~~i ~ ~~~~~~ Ij~ ~~"&!~ ~~~g~~~~~~~~~~~~ Iii ~~ ~ ~ ~~~ ~~~~~ ~~ ~~ ~&~~~e~
I"~"I~[~'IN_W -- - N -~~~ If I N - N___ _ ~ "~I _ N_ _ _ ~
l~:j 1Il 'I~&._~.g:.o;.~.f.~.~.~.~.~ "~_~.8.. _- ~ 'r:!!I......~.~.~.~.~"~ _5:J:1: ~.e.r:! ~.s: ~.~ J$.~.~.o i1~.~.- ~ _1S:.3:!S ~ a ~.~.~ _~ J~.~.~ JS.$.~.!3 .Rl.2 .~.s.:
j:~I:'~ ~i&11S!91S!~ 8 ~~ ~~~~8&i~~ i,~ ~~~ ~ ~~~~~8~ ~~~~8 ~ @&8l Ir~i~ ~~ ~~~m~~~m~ ~e~8 ~~ ~ ~ i~~
I~ !I~ il~I~~~~~~~~~~ ~~~~ e! 1~:I:~~~~i~~~ .~~:~.~.~;~~~~~ illl!I~. ~~ .~~~ ~ ~~~~Ee~~~~g~~i ~
::'I'::':~ ~ ~~~~~~~$~~,,~ -~ il;!~~~~ -. ~e_~" .~~~.' ~~~ I~~~~ .~;..~. ~"~~. ~ $;';, ~~~
iiili(~I~,~ mi~~~ m~~~~~~; Ir~I:~~~~B;j~ &Saiii~ i~8~~~m i[~I-~ ",:i ~~~~ ~t$~S ~~ 5~~~ ~ ~ ~m ~
{~f~ ,"~~_~!~1~~~~~ -~~_~~.~.~ J~ ~~ l~ ~~.~ ~ m_~!~ ~ S ;m~ ~~i ~~ ~~.~~~ ~ ~~~ ~ ~ m ~.~ ~~ ~~ ~~~
/Y-/o
~g
I'! 5
31~~i~
,,~~~Q
-I~~'~
:gl~d~i
0; ~;:~N ~
~ h~!
__ o~
-. f~
!-~'"
- ~n
i~~inii~
~ ~lio ~
es i~n~". E5
l!!S"OHil-l~5t !!!
$.-~eqi t:I
.e+ :ill C ~
,.
z
"
d
>
....
~
~
n:
,.
z
,.
~
in
~~.,~ ~~ ~i'
$~-~enE
~~ if~ i:j-
!li ~~n ,
~~"~~~~i
$. ~e~E
!!+ ;f~ 0-
~...~ ~
s :I~ Ii
.s~ AI
-I'~'
.9g.f~
~- ,~ii
sg~e~
.' e
In~
~~'"
~"S~in
... #~2 ,..
~;ro3. 0
;I' ~ ,
~~~. if
I~~~~'~
~'-'"
Nlf~
h[
Ilh
. ~
~
~
....
lb
....
""\
~
.
.
.
.
;;
Proposed Lilt of Impl'1lvementl
to be Financed by
Community Facilitiea District No. 99-1
Proposed Improvement List
A. Olympic Parkway Phase I
B. Olympic Parl..-way Phase 2
C. Paseo Ranchero Phase 2
D. Palomar (Village One West)
E. Palomar (Village Five)
F. Slope Landscaping
G. Public Facilities Development Impact Fees
- Animal Shelter
- Corporation Y ud
- Fire Station #7
- Civic Cen1er Expansion
H. Pedestrian Bridge Impact Fees
X;\!953.2".ADMUi\DSD621T ABLE.DOC
/Lj / / J
EKH'&I" L.(
Tot1l1 Estimated Cost
$35,164,g75
$ 5,352,588
$ 4,253,548
$ 4,534,908
$ 1,962,325
$ 5,026.973
$10,000,000
$ 1,331,666
RESOLUTION NO.
/95:29
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ADOPTING A BOUNDARY MAP SHOWING THE
BOUNDARIES OF THE TERRITORY PROPOSED FOR THE INCLUSION IN
PROPOSED COMMUNITY FACILITIES DISTRICT NO. 99-1 (OT A Y RANCH
SPA ONE - PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND VILLAGE
ONE WEST)
WHEREAS, the CITY COUNCIL ofthe CITY OF CHULA VISTA, CALIFORNIA ("City
Council"), desires to initiate proceedings to create a Community Facilities District pursuant to the
terms and provisions ofthe "Mello-Roos Community Facilities Act of1982", being Chapter 2.5, Part
1, Division 2, Title 5 of the Govemment Code ofthe State of California (the "Act") and the City of
Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by
the City ofChula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of
California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the
"Community Facilities District Law"). This Community Facilities District shall hereinafter be
designated as COMMUNITY FACILITIES DISTRICT NO. 99-1 (OTAY RANCH SPA ONE-
PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE WEST) (the "District");
and,
WHEREAS, there has been submitted a map showing the boundaries of the territory
proposed for inclusion in the District including properties and parcels ofland proposed to be subject
to the levy of a special tax by the District.
NOW, THEREFORE, IT IS HEREBY RESOLVED:
SECTION 1. The above recitals are all true and correct.
SECTION 2. The map designated as "BOUNDARIES OF COMMUNITY FACILITIES
DISTRICT NO. 99-1 (OTAYRANCH SPA ONE - PORTIONS OF VILLAGE ONE, VILLAGE
FIVE AND VILLAGE ONE WEST) showing the boundaries ofthe territory proposed for inclusion
in the District including properties and parcels ofland proposed to be subject to the levy of a special
tax by the District.
SECTION 3. A certificate shall be endorsed on the original and on at least one (1) copy of
the map of the District, evidencing the date and adoption of this Resolution, and within fifteen (15)
days after the adoption of the Resolution fixing the time and place of the hearing on the formation
or extent of such District, a copy of such map shall be filed with the correct and proper endorsements
thereon with the County Recorder, all in the manner and form provided for in Sections 3110 and
3111 of the Streets and Highways Code of the State of California.
PREPARED BY:
APPROVED AS TO FORM BY:
fA~~
John M. Kaheny
City Attorney
/ J-//J ~/
John P. Lippitt
Director of Public Works
H:\shared\attomey\loraine\99-1 Reso.A
RESOLUTION NO. /9SJo
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH COMMUNITY
FACILITIES DISTRICT NO. 99-1 (OTAY RANCH SPA ONE - PORTIONS OF
VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE WEST) AND TO
AUTHORIZE THE LEVY A SPECIAL TAX THEREIN TO FINANCE THE
ACQUISITION OF CERTAIN FACILITIES
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the
"City Council"), at this time desires to initiate proceedings to create a Community Facilities District
pursuant to the terms and provisions ofthe "Mello-Roos Community Facilities Act of 1982", being
Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code ofthe State of California (the "Act")
and the City ofChula Vista Community Facilities District Ordinance enacted pursuant to the powers
reserved by the City ofChula Vista under Sections 3, 5 and 7 of Article XI of the Constitution ofthe
State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as
the "Community Facilities District Law"). This Community Facilities District shall hereinafter be
referred to as COMMUNITY FACILITIES DISTRICT NO. 99-1 (OTAY RANCH SPA ONE -
PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE WEST) (the "District");
and,
WHEREAS, this City Council is now required to proceed to adopt its Resolution ofIntention
to initiate the proceedings for the establishment of such District, to set forth the boundaries for such
District, to indicate the type of public facilities the acquisition of which is proposed to be financed
by such District, to indicate the rate and apportionment of a special tax sufficient to finance the
acquisition of such facilities and the administration ofthe District and any indebtedness incurred by
the District, to set a time and place for a public hearing relating to the establishment of such District;
and
WHEREAS, a map of such District has been submitted showing the boundaries of the
territory proposed for inclusion in the District including properties and parcels ofland proposed to
be subject to the levy of a special tax by the District.
NOW, THEREFORE, IT IS HEREBY RESOLVED:
RECITALS
SECTION 1. The above recitals are all true and correct.
1
)1jJ-/
INITIATION OF PROCEEDINGS
SECTION 2. These proceedings are initiated by this City Council pursuant to the
authorization of Section 53318 of the Government Code ofthe State of California.
BOUNDARIES OF DISTRICT
SECTION 3. It is the intention of this City Council to establish a Community
Facilities District pursuant to the provisions of the Community Facilities District Law, and to
determine the boundaries and parcels on which special taxes may be levied to finance the acquisition
of certain facilities. A description of the boundaries of the territory proposed for inclusion in the
District including properties and parcels of land proposed to be subject to tlte levy of a special tax
by the District is as follows:
All that property as shown on a map as previously approved by this City Council,
such map designated by the name of this Community Facilities District, a copy of
which is on file in the Office of the City Clerk and shall remain open for public
inspection.
NAME OF DISTRICT
SECTION 4. The name of the proposed Community Facilities District to be established
shall be known and designated as COMMUNITY FACILITIES DISTRICT NO. 99-1 (OTAY
RANCH SPA ONE - PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE
WEST).
DESCRIPTION OF FACILITIES
SECTION 5. It is the further intention of this City Council to finance the acquisition of
certain facilities. A general description ofthe type of facilities to be acquired is set forth in Exhibit
A attached hereto and incorporated herein by this reference.
The facilities are facilities which this legislative body is authorized by law to contribute
revenue to or to construct, own or operate. It is hereby further determined that the proposed facilities
are necessary to meet increased demands and needs placed upon the City and other public agencies
as a result of development within the District.
The cost of acquiring the facilities includes incidental expenses including but not limited to
the costs of planning and designing the facilities; all costs associated with the establishment of the
2
Jig/c2
District, the issuance and administration of bonds, including the payment of any rebate obligation
due and owing to the federal government, the determination ofthe amount of any special taxes to
be levied, the costs of collecting any special taxes, and costs otherwise incurred in order to carry out
the authorized purposes ofthe District, together with any other expenses incidental to the acquisition,
construction, completion and inspection of the facilities
SPECIAL TAX
SECTION 6. It is hereby further proposed that, except where funds are otherwise available,
a special tax sufficient to pay for such facilities and related incidental expenses authorized by the
Community Facilities District Law, secured by recordation of a continuing lien against all non-
exempt real property in the District, will be levied annually within the boundaries of such District.
Under no circumstances will the special tax levied against any parcel used for private residential
purposes be increased as a consequence of delinquency or default by the owner of any other parcel
or parcels within the District by more than 10 percent. For further particulars as to the rate and
method of apportionment of the proposed special tax, reference is made to the attached and
incorporated Exhibit "B", which sets forth in sufficient detail the method of apportionment to allow
each landowner or resident within the proposed District to clearly estimate the maximum amount
that such person will have to pay.
The special taxes herein authorized, to the extent possible, shall be collected in the same
manner as ad valorem property taxes and shall be subj ect to the same penalties, procedure, sale and
lien priority in any case of delinquency as applicable for ad valorem taxes. Any special taxes that
may not be collected on the County tax roll shall be collected through a direct billing procedure by
the Treasurer.
PUBLIC HEARING
SECTION 7. NOTICE IS GIVEN THAT ON THE 17th DAY OF AUGUST, 1999, AT
THE HOUR OF 6:00 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE CITY
COUNCIL BEING THE COUNCIL CHAMBERS, CITY HALL, LOCATED AT 276 FOURTH
AVENUE, CHULA VISTA, CALIFORNIA, A PUBLIC HEARING WILL BE HELD WHERE
THIS CITY COUNCIL WILL CONSIDER THE ESTABLISHMENT OF THE PROPOSED
COMMUNITY FACILITIES DISTRICT, THE PROPOSED METHOD AND APPORTIONMENT
OF THE SPECIAL TAX, AND ALL OTHER MATTERS AS SET FORTH IN THIS
RESOLUTION OF INTENTION. THAT AT THE ABOVE-MENTIONED TIME AND PLACE
FOR PUBLIC HEARING ANY PERSONS INTERESTED, INCLUDING TAXPAYERS AND
PROPERTY OWNERS MAY APPEAR AND BE HEARD, AND THAT THE TESTIMONY OF
ALL INTERESTED PERSONS FOR OR AGAINST THE ESTABLISHMENT OF THE
3
/t/ !J~J
DISTRICT, THE EXTENT OF THE DISTRICT, OR THE FINANCING OF THE FACILITIES,
WILL BE HEARD AND CONSIDERED. ANY PROTESTS MAY BE MADE ORALLY OR IN
WRITING. HOWEVER, ANY PROTESTS PERTAINING TO THE REGULARITY OR
SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND CLEARLY SET
FORTH THE IRREGULARITIES AND DEFECTS TO WHICH THE OBJECTION IS MADE.
ALL WRITTEN PROTESTS SHALL BE FILED WITH THE CITY CLERK OF THE CITY
COUNCIL ON OR BEFORE THE TIME FIXED FOR THE PUBLIC HEARING. WRITTEN
PROTESTS MAY BE WITHDRAWN IN WRITING AT ANY TIME BEFORE THE
CONCLUSION OF THE PUBLIC HEARING.
IF A WRITTEN MAJORITY PROTEST AGAINST THE ESTABLISHMENT OF THE
DISTRICT IS FILED, THE PROCEEDINGS SHALL BE ABANDONED. IF SUCH MAJORITY
PROTEST IS LIMITED TO CERTAIN FACILITIES OR PORTIONS OF THE SPECIAL TAX,
THOSE FACILITIES OR THAT TAX SHALL BE ELIMINATED BY THE CITY COUNCIL.
ELECTION
SECTION 8. If, following the public hearing described in the Section above, the City
Council determines to establish the District and proposes to levy a special tax within the District, the
City Council shall then submit the levy ofthe special taxes to the qualified electors of the District.
Ifat least twelve (12) persons, who need not necessarily be the same twelve (12) persons, have been
registered to vote within the District for each ofthe ninety (90) days preceding the close ofthe public
hearing, the vote shall be by registered voters of the District, with each voter having one (I) vote.
Otherwise, the vote shall be by the landowners of the District who were the owners of record at the
close of the subject hearing, with each landowners or the authorized representative thereof, having
one (1) vote for each acre or portion of an acre of land owned within the District.
NOTICE
SECTION 9. Notice of the time and place of the public hearing shall be given by the City
Clerk by causing the publication of a Notice of Public Hearing in the legally designated newspaper
of general circulation, such publication pursuant to Section 6061 of the Government Code, with such
publication to be completed at least seven (7) days prior to the date set for the public hearing.
RESERVATION OF RIGHTS TO AUTHORIZE TENDER OF BONDS
SECTION 10. The City Council reserves to itself, in its capacity as the legislative body of
the District if formed, the right and authority to allow any interested owner of property within the
District, subject to the provisions of Government Code Section 53344.1 and to such conditions as
4
)Lj[]-Y
this City Council may impose, and any applicable prepayment penalties as may be described in the
bond indenture or comparable instrument or document, to tender to the Treasurer of the City of
Chula Vista, acting for and on behalf of the District, in full payment or part payment of any
installment of the special taxes or the interest or penalties thereon which may be due or delinquent,
but for which a bill has been received, any bond or other obligation secured thereby, the bond or
other obligation to be taken at par and credit to be given for the accrued interest shown thereby
computed to the date of tender.
ADVANCES OF FUNDS OR WORK-IN-KlND
SECTION 11. At any time either before or after the formation of the District, the City
Council may accept advances of funds or work-in-kind from any source, including, but not limited
to, private persons or private entities and may provide, by resolution, for the use of those funds or
that work-in-kind for any authorized purpose, including, but not limited to, paying any cost incurred
by the City in creating the District. The City may enter into an agreement, by resolution, with the
person or entity advancing the funds or work-in-kind, to repay all or a portion of the funds so
advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work-
in-kind, as determined by the City Council. The City has entered into a Community Facilities
District Reimbursement Agreement with Otay Ranch LP to provide for such advances for the
payment of all initial consulting and administration costs and expenses related to the proceedings
to consider the formation of the District and to subsequently authorize, issue and sell bonds for the
District. Such advances are subject to reimbursement pursuant to the terms of such agreement. No
such agreement shall constitute a debt or liability ofthe City.
PREPARED BY:
APPROVED AS TO FORM BY:
0. - 'YVtA~ ~
John M. Kaheny
City Attorney
John P. Lippitt
Director of Public Works
h:\SHARED\A TTORNEY\LORAINE\99_1 RESo.B
5
/1R'/~
"
., LI
E~HfBI'" n
"
Proposed List of Improvements
to be Financed by
Community Facilities District No. 99-1
Proposed Improvement Lut
A. Olympic Parkway Phase I
B. Olympic Parkway Phase 2
C. Paseo Ranchero Phase 2
D. Palomar (Village One West)
E. Palomar (Village Five)
F. Slope Landscaping
G. Public Facilities Development Impact Fees
- Animal Shelter
- Corporation Yard
- Fire Station #7
- Civic Center Expansion
H. Pedestrian Bridge Impact Fees
X:\1953.2'.A.PMIN\D5D621TABL.EDOC
)tj!3-~
Total Estimated Cost
$35,164,875
$ 5,352,588
$ 4,253.548
$ 4,534,908
$ 1,962,325
$ 5,026,973
$10,000,000
$ 1.331,666
. .
EX,.rtI Brr b
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 99-1
(Otay Ranch SPA One - Village One, Village Five, and Village One West)
A Special Tax as hereinafter defined shal1 be levied on all Taxable Property within the City of
Chula Vista Community Facilities District No. 99-1 ("CFD No. 99-1 ") and collected each Fiscal
Year commencing in Fiscal Year 2000-200 I. in an amount determined by the City Council
through the application of the appropriate Special Tax for "Developed Property", "Taxable
Property Owner Association Property", and "Undeveloped Property" as described below. AI1 of
the real property in CFD No. 99-1, unless exempted by law or by the provisions hereof, shall be
taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as sho\\TI on an Assessor's
Parcel Map. or if the land area is not shown on an Assessor's Parcel Map. the land area
shown on the applicable final map, parcel map, condominium plan, record of survey, or other
recorded document creating or describing the parcel. If the preceding maps are not available,
the Acreage shall be determined by the City Engineer.
"Act" means the Mel1o- Roos Community Facilities Act of 1982, as amended, being Chapter
2.5. Division 2 of Title 5 of the Government Code of the State ofCalifomia.
"Administrative Expenses" means the following actual or reasonable estimated costs
directly related to the administration of CFD No. 99-1, including, but not limited to, the
following: the costs of computing the Special Taxes and preparing the annual Special Tax
col1ection schedules (whether by the City or designee thereof or both); the costs of col1ecting
the Special Taxes (whether by the County, the City, or otherwise); the costs ofremitting the
Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the
discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 99-1
or any designee thereof of complying with arbitrage rebate requirements; the costs to the
City, CFD No. 99-1 or any designee thereof of complying with City, CFD No. 99-1 or
obligated persons disclosure requirements associated with applicable federal and state
securities laws and of the Act; the costs associated with preparing Special Tax disclosure
statements and responding to public inquiries regarding the Special Taxes; the costs of the
City. CFD No. 99-1 or any designee thereof related to an appeal of the Special Tax; the costs
of any credit enhancement obtained by the City or CFD No. 99-1 (but excluding the costs of
any credit enhancement required to be provided by the Master Developer or any other owner
of property within CFD 99-1), and the costs associated with the release of funds from an
escrow account, if any. Administrative Expenses shal1 also include amounts estimated or
advanced by the City or CFD No. 99-1 for any other administrative purposes ofCFD No. 99-
Ci1)' ofChuJa Vista
Communit)' Facilities District No. 99-1
Ju6'6.1999
Page J
/ilJ--?
], including attorney's fees and other costs related to commencing and pursuing to
completion any foreclosure of delinquent Special Taxes.
"Annexation Parcels" means those specific Assessor's Parcels that are subject to future
annexation into CFD No. 99-1 as depicted in Exhibit A attached herein. Any Annexation
Parcels that annex to CFD No. 99-1 will be subject to the Maximum Annual Special Tax and
the Backup Special Tax of the zone ofCFD 99-1 within which such Annexation Parcel is
located and the appropriate land use category ofCFD No. 99-1 to which such Annexation
Parcel.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned Assessor's Parcel number.
"Assessor's Parcel Map" means an official map of the County Assessor of the County
designating parcels by Assessor's Parcel number.
"Available Funds" means the balance in the reserve fund established pursuant to the terms
of the Indenture in excess of the reserve requirement as defined in such Indenture, delinquent
special tax payments, foreclosure proceeds, the portion of proceeds of Backup Special Tax
payments and Special Tax prepayments collected to pay interest on Bonds, and other sources
of funds available as a credit to the Special Tax Requirement as specified in such Indenture.
"Backup Special Tax" means the Special Tax that is required to be paid as a condition
precedent to the issuance of building permits or recordation of final maps, as determined in
accordance with Section E below.
"Bonds" means any bonds or other debt (as defmed in the Act), whether in one or more
series, issued by CFD No. 99-1 under the Act and secured by the levy of the Special Taxes.
"CFD Administrator" means an official of the City acting for and on behalf of CFD 99-],
or designee thereof, responsible for determining the Special Tax Requirement and providing
for the levy and collection of the Special Taxes.
"CFD No. 99-1" means City of Chula Vista Community Facilities District No. 99-] (Otay
Ranch SPA One - Portions of Village One, Village Five, and Village One West).
"City" means City ofChula Vista.
"Commercial Property" means all Assessor's Parcels of Developed Property for which a
building permit(s) was issued for a non-residential use, excluding Community Purpose
Facility Property.
CilyofChula Vista
Community Facilities District 1\"0_ 99-1
July 6. J 999
Page 1
) 1 D -~
"Communit). Purpose Facility Property" means all Assessor's Parcels of Developed
Property, which are classified as community purpose facilities and meet the requirements of
City ofChula Vista Ordinance No. 2452.
"Council" means the City Council of the City. acting as the legislative body ofCFD No.
99-1.
"County" means the County of San Diego.
"Developed Property" means, for each Fiscal Year, all Taxable Property, exclusive of
Taxable Property Owner Association Property, for which a building permit for new
construction was issued prior to March 1 of the prior Fiscal Yem:.
"Development Projection" means an annual calculation for each Planning Area of CFD No.
99-1 of: (i) the number and total Residential Floor Area of existing dwelling units of
Residential Property, the number of existing Acres of Commercial Property, and the number
of existing Acres of Community Purpose Facility Property, and (ii) a projection of all future
development, including the acreage, projected number of residential dwelling units, projected
Residential Floor Area, projected Commercial Property Acres, projected Community
Purpose Facility Property Acres, and an absorption schedule for all future development
within CFD No. 99-1. The Development Projection shall be dated as of March I and
prepared each Fiscal Year by the Master Developer. Upon submittal, the CFD Administrator
shall review, modify if necessary, and approve the Development Projection. If the
Development Projection is not received by the CFD administrator on or before April 1 of
each year, the CFD Administrator shall then prepare or cause to be prepared a Development
Projection.
"Final Residential Subdivision" means a subdivision of property created by recordation of
a final map or parcel map, approved by the City pursuant to the Subdivision Map Act
(California Government Code Section 66410 et seq.), recordation of a lot line adjustment
approved by the City which creates a parcel for which a building permit may be issued or
recordation of a condominium plan pursuant to California Civil Code 1352 that creates
individual lots for which residential building permits may be issued without further
subdivision of such property.
"Fiscal Year" means the period starting July I and ending on the following June 30.
"Indenture" means the indenture, fiscal agent agreement, trust agreement, resolution or
other instrument pursuant to which Bonds are issued, as modified, amended and/or
supplemented from time to time, and any instrument replacing or supplementing the same.
"Land Use Class" means any of the classes listed in Tables 1,2, and 3 of Section C.
City of Clru/a Vista
Community Facilities District No. 99-1
July 6. 1999
Page 3
)'/8-1
"Master Developer" means the o'Wner or o'Wners of the predominant amount of
Undeveloped Property in CFD No. 99-1.
"Maximum Annual Special Tax" means the maximum annual Special Tax, determined in
accordance with the provisions of Section C below, that may be levied in any Fiscal Year on
any Assessor's Parcel of Taxable Property.
"Occupied Residential Property" means all Assessor's Parcels of Residential Property,
which have closed escrow to an end user.
"Outstanding Bonds" means all Bonds, which remain outstanding.
"Planning Areas" means those areas shown on Exhibit C. Minor adjustments in the
boundaries of the Planning Areas may be made by the CFD Administrator to conform to the
tentative and final maps, lot line adjustment or other property line adjustment approved by
the City for these areas. The Planning Areas in Exhibit C existing at the time of formation of
CFD No. 99-1 may be expanded to include Annexation Parcels from time to time or
additional Planning Areas may be established to include Annexation Parcels from time to
time.
"Property Owner Association Property" means any property within the boundaries of
CFD No. 99-1 owned by or dedicated to a property owner association, including any master
or sub-association.
"Proportionately" means for Developed Property that the ratio of the actual Special Tax
levy to the Maximum Annual Special Tax is equal for all Assessor's Parcels of Developed
Property within CFD No. 99-1. For Undeveloped Property, "Proportionately" means that the
ratio of the actual Special Tax levy per Acre to the Maximum Annual Special Tax per Acre is
equal for all Assessor's Parcels of Undeveloped Property within CFD No. 99-1.
"Public Property" means any property within the boundaries of CFD No. 99-1 that is used
for rights-of-way or any other purpose and is owned by or dedicated to the federal
government, the State of California, the County, the City or any other public agency.
"Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit has been issued for purposes of constructing one or more residential dwelling
units.
"Residential Floor Area" means all of the square footage ofliving area within the perimeter
of a residential structure, not including any carport, walkway, garage, overhang, patio,
enclosed patio, or similar area. The determination of Residential Floor Area shall be made
by reference to appropriate records kept by the City's Building Department. Residential
Floor Area will be based on the building permit(s) issued for each dwelling unit prior to it
City ofChuJa Vista
Communi!)' Facilities District :Vo. 99~J
July 6. 1999
Page./
);jg--1c
being classified as Occupied Residential Property. and shall not change as a result of
additions or modifications made after such classification as Occupied Residential Property.
"Special Tax" means the: (i) annual special tax to be levied in each Fiscal Year on each
Assessor's Parcel of Taxable Property to fund the Special Tax Requirement pursuant to
Section D, and (ii) the Backup Special Tax required to be paid as a result of changes in
development.
"Special Tax Requirement" means that amount required in any Fiscal Year for CFD No.
99-1 to: (i) pay annual debt service on all Outstanding Bonds as defmed in Section A; (ii) pay
periodic costs on the Bonds, including but not limited to, credit enhancement and rebate
payments on the Bonds; (iii) pay Administrative Expenses; (iv) pay any amounts required to
establish or replenish any reserve funds for all Outstanding Bonds in accordance with the
Indenture; (v) and pay directly for acquisition and/or construction of facilities, which are
authorized to be financed by CFD No. 99-1; (vi) less a credit for Available Funds.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries ofCFD No.
99-1 which are not exempt from the Special Tax pursuant to law or the provisions of
Section F below.
"Taxable Property Owner Association Property" means all Assessor's Parcels of Property
Owner Association Property that are not exempt pursuant to the provisions of Section F
below.
"Trustee" means the trustee, fiscal agent, or paying agent under the Indenture.
"Undeveloped Property" means, for each Fiscal year, all Taxable Property not classified as
Developed Property or Taxable Property Owner Association Property.
"Zone A" applies only to Developed Property, and means a specific geographic location
known as the Village One area as depicted in Exhibit B attached herein.
"Zone B" applies only to Developed Property, and means a specific geographic location
known as the Village Five area as depicted in Exhibit .!1 attached herein.
"Zone C" applies only to Developed Property, and means a specific geographic location
known as the Village One West area as depicted in Exhibit B attached herein.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within CFD No. 99-1 shall be classified as Developed
Property, Taxable Property Owner Association Property, or Undeveloped Property, and shall
Cit)'ojChula Vista
Community Facilities District No. 99-1
July 6, J 999
Page 5
;tj 8 --II
be subject to the levy of annual Special Taxes determined pursuant to Sections C and D
below. Developed Property shall further be assigned to Zone A, Zone B, or Zone C.
The Maximum Annual Special Tax for an Assessor's Parcel of Residential Property shall be
based on the Residential Floor Area and the number of the dwelling units located on such
Assessor's Parcel. The Maximum Annual Special Tax for an Assessor's Parcel of
Commercial Property and Community Purpose Facility Property shall be based on the
Acreage of such Assessor's Parcel.
C. MAXIMUM ANNUAL SPECIAL TAX RATE
1. Developed Property
The Maximum Annual Special Tax for each Land Use Class of Developed Property
within Zone A, Zone B, or Zone C shall be the applicable amount shown on Tables]. 2,
and 3 below. The Maximum Annual Special Tax for each Assessor's Parcel of
Residential Property shall equal the specified amount per dwelling unit times the number
of dwelling units on such Assessor's Parcel plus the specified amount per square foot
times the square footage of Residential Floor Area on such Assessor's Parcel.
TABLE 1
Maximum Annual Special Tax for Developed Property in Zone A (Village One)
Community Facilities District No. 99-1
Land Use Maximum
Class Description
I Residential Property $0 per dwelling unit + $.28
, per square foot of Residential
I
I Floor Area
I
2 Commercial Property $1,600 per Acre
i , Community Purpose Facility Property $400 per Acre
.J
City ofChuJa l'isla
Community Facilities DistriC1lVo. 99-/
July 6. /999
Page 6
) ~ [] ~/,;2
TABLE 2
Maximum .tulIlual Special Tax for Developed Property in Zone B (Village Five)
Community Facilities District No. 99-1
Land Use Maximum Annual Special
Class Description Tax
1 Residential Property $400 per dwelling unit +$.29
per square foot of Residential
Floor Area
2 Commercial Property $3,717 per Acre
3 Community Purpose Facility Property $929 per Acre
TABLE 3
Maximum Annual Special Tax for Developed Property in Zone C (Village One West)
Community Facilities District No. 99-]
, Land Use Maximum Annual Special
I
I Class Description Tax
I
,
I ] Residential Property $400 per dwelling unit + $.44
per square foot of Residential
Floor Area
2 Commercial Property $4,266 per Acre
" Community Purpose Facility Property $1,066 per Acre
.)
2. Undeveloped Property and Taxable Property Owner Association Property
The Maximum Annual Special Tax for each Assessor's Parcel classified as Undeveloped
Property and Taxable Property Owner Association Property shall be $8,864 per Acre.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 1999-2000 and for each following Fiscal Year, the
Council shall determine or cause to be determined the Special Tax Requirement and shall
determine or cause to be determined the applicable annual Special Tax so that the amount
of Special Taxes equals the Special Tax Requirement for such Fiscal Year. The annual
Special Tax shall be calculated and levied each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on each Assessor's Parcel of
Developed Property within Zone A, Zone B, or Zone C at up to 100% of the applicable
Maximum Annual Special Tax to satisfY the Special Tax Requirement.
City of Cirula Vista
Community Facilities District .'\':0.99./
Ju(l' 6. J 999
Page -
JiE-V
Second: If additional moneys are needed to satisfy the Special Tax Requirement after the
first step has been completed, the Special Tax shall be levied Proportionately on each
Assessor's Parcel of Undeveloped Property at up to 100% of the Maximum Annual
Special Tax for Undeveloped Property.
Third: If additional moneys are needed to satisfy the Special Tax Requirement after the
first two steps have been completed. then the Special Tax shall be levied Proportionately
on each Assessor's Parcel of Taxable Property Owner Association Property and Public
Property, if applicable, as provided for in Section F at up to the Maximum Annual
Special Tax for Taxable Property Owner Association Property and Public Property, if
applicable.
Notwithstanding the above, under no circumstances will the Special Tax levied against
any Assessor's Parcel of Occupied Residential Property be increased by more than ten
percent per year as a consequence of delinquency or default in the payment of Special
Taxes by the owner of any other Assessor's Parcel of CFD No. 99-1.
E. BACKUP SPECIAL TAX
The following definitions apply to this Section E:
"Actual Average Special Tax Per Unit" means, for each Planning Area, the Actual
Special Tax Revenue divided by the sum of the number of units included in any current
building permit application(s) plus the number of units within such Planning Area for
which building permits have previously been issued. Any Residential Floor Area created
by building permits issued after an Assessor's Parcel has been classified as Occupied
Residential Property shall not be included in determining the Actual Average Special Tax
Per Unit.
"Actual Special Tax Revenue" means, for each Planning Area, the sum of the total
Residential Floor Area shown on any current building permit application(s) plus the total
Residential Floor Area from any previously issued building permits within the Planning
Area multiplied by the applicable Maximum Annual Special Tax. Any Residential Floor
Area created by building permits issued after an Assessor's Parcel has been classified as
Occupied Residential Property shall not be included in determining the Actual Special
Tax Revenue.
"Backup Special Tax Fund" means, for each Planning Area, the fund or account
identified in the Indenture to hold Backup Special Tax payments received from property
owners within such Planning Area.
"Expected Special Tax Revenue" means, with respect to each Planning Area, the
amount shown in the column so labeled in Tables 4, 5, and 6.
City ofChula Vista
Community Facilities Distric/ A'o. 99-1
July 6. 1999
Page 8
J'I5'itj
"Required Average Special Tax Per Unit/Acre" means. for each Planning Area. the
Expected Special Tax Revenue divided by the total expected number of dwelling units or
non-residential Acres (as applicable) expected to be developed within the Planning Area.
as determined by the CFD Administrator based on tentative maps. final Residential
Subdivision maps, the Development Projection, and all other relevant information
available to the CFD Administrator. In cases where residential and non-residential
property are both included within a Planning Area, the CfD Administrator may adjust the
Required Average Special Tax Per Unit/Acre as necessary.
"Share of Annual Debt Service" means, for each Plarming Area, the maximum annual
debt service on the Bonds multiplied by that Planning Area's percentage of the total
Special Tax revenue, as shown in Table 4, 5, and 6 below. A PI arming Area's Share of
Annual Debt Service shall be adjusted to reflect any prepayments within that PI arming
Area.
1. Expected Development and Special Tax Revenues
Tables 4,5, and 6 below identifY the amount of development and Special Tax revenue
that is currently expected from each Planning Area in Zone A. Zone B, or Zone C.
Tables 4,5, and 6 may be revised by the CFD Administrator if the Plarming Area
boundaries are modified as a result of the annexation of A.nnexation Parcels to CFD
99-1 or otherwise.
The owner of the Annexation Parcels, upon such annexation, shall provide the CFD
Administrator the total number of residential units or the total number of non-
residential Acres, and the total Residential Floor Area expected to be developed
within the land area of such Annexation Parcels. The CFD Administrator shall utilize
this information to modifY Tables 5 and 6 to include the additional Expected Special
Tax Revenue, and to recalculate the percent oftotal revenue for each Planning Area.
City ofChuJa Fista
Community Facilities District So. 99-/
July 6. 1999
Page 9
/tj[S--/S-
TABLE 4
Expected Development and Special Tax Revenue by Planning Area within Zone A
Community Facilities District No. 99-1
NUMBER EXPECTED
OF TOTAL SPECIAL PERCENT
PLANNING EXPECTED UNITS/ RESIDENTIAL TAX OF TOTAL
AREA PRODUCT TYPE ACRES FLOOR AREA REVENUE REVENUE
R-I Residential Property 70 units 219,660 $61,505 5.29%
R-2 Residential Property 28 units 57,008 15,962 1.3 7%
R-4 Residential Property 79 units 208,323 58,330 5.02%
R-5 Residential Property 43 units 106,296 29,763 2.56%
R-6 Residential Property 77 units 190,344 53,296 4.58%
R-7 Residential Property 131 units 411,078 115,102 9.90%
R-9 Residential Property 74 units 182,928 51.220 4.41%
I R-10 Residential Property 123 units 324,351 90,818 7.81%
I R-12 , Residential Property 83 units 168,988 47.317 4.07%
I R-13 Residential Property 88 units 146,256 40,952 3.52%
R-14 Residential Property 139 units 215,589 60.365 5.19%
R-15 , Residential Property 464 units 464,000 129,919 11.19%
R-16 Residential Property 115 units 178,365 49,942 4.30%
R-17 Residential Property 98 units 199,528 55,868 4.81%
R-18 Residential Property 74 units 122,988 34,437 2.96%
R-19 Residential Property 204 units 204,000 57,120 4.91%
R-20 Residential Property 160 units 160,000 44,800 3.85%
R-21 Residential Property 168 units 168,000 47,040 4.05%
R-47 Residential Property 174 units 174,000 48,720 4.19%
R-48 Residential Property 96 units 195,456 54,728 4.71%
C-I Commercial 8.1 acres N/A 12,960 1.11%
Property
CPF-I Community Purpose 1.5 acres N/A 600 0.05%
Facility Property
CPF-2 Community Purpose 4.5 acres N/A 1,800 0.15%
Facility Property
TOTAL 2,488 units $1,162.564 100.00%
City ofCl1Uia Vista
CommunUy Facilities District ."".0. 99-1
July 6. 1999
Page 10
/ 1/g ~/t
TABLE 5
Expected Development and Special Tax Revenue by Planning Area within Zone B
Community Facilities District No. 99-1
NUMBER EXPECTED
OF TOTAL SPECIAL PERCENT
PLANNING EXPECTED UNITS/ RESIDENTIAL TAX OF TOTAL
AREA PRODUCT TYPE ACRES FLOOR AREA REVENUE REVENUE
R-25 Residential Property 48 units 150,624 62,881 6.23%
R-26 Residential Property 52 units 137,124 60,566 6.00%
R-27 Residential Property 37 units 75,332 36,646 3.63%
R-28 Residential Property 56 units 93,072 49.391 4.89%
R-29 Residential Property 83 units 128,733 70,533 6.98%
R-30 Residential Property , ] ] 9 units 197,778 ] 04,956 10.39%
I R-31 Residential Property 71 units 144,556 70,32] 6.96%
R-32 Residential Property ] 05 units 259.560 ]] 7.272 ] 1.61%
R-33 Residential Property 47 units 123,939 54,742 5.42%
R-34 Residential Property 35 units 92.295 40,766 4.04%
R-35 Residential Property 36 units 112.968 47,161 4.67%
R-36 Residential Property 62 units I 153.264 I 69,247 6.86%
R-37 Residential Property 60 units 99,720 52,919 5.24%
R-38 Residential Property 43 units 87,548 42,589 4.22%
R-39 Residential Property ] 82 units 182,000 125,579 12.43%
CPF-5 Community PUIpose 4.7 acres N/A 4,366 0.43%
Facility Property
TOTAL ] ,036 units $1,009,935 100.00%
Cit)" ofChula Vista
Community Facililies District No. 99-1
July 6. 1999
Page 11
J cj B-1?
TABLE 6
Expected Development and Special Tax Revenue by Planning Area within Zone C
Community Facilities District No. 99-1
NUMBER EXPECTED
OF TOTAL SPECIAL PERCENT
PLANNING EXPECTED UNITS/ RESIDENTIAL TAX OF TOTAL
AREA PRODUCT TYPE ACRES FLOOR AREA REVENUE REVENUE
R-49A Residential Property 88 units 179,168 $114,034 9.91%
R-50 Residential Property 86 units 212,592 127,940 11.12%
R-51A Residential Property 66 units 174.042 102,978 8.95%
R-52A Residential Property 69 units 216.522 122.870 10.67%
, R-53 I Residential Property 36 units 112,968 64.1 06 5.57%
I R-54A Residential Property 9 units 18,324 11,663 1.01%
i R-55 Residential Property 57 units 116,052 73,863 6.42%
R-56 Residential Property 77 units 169,400 105,336 9.15%
! R-57 Residential Property 22 units 54,384 32,729 2.84%
! R-58 Residential Property 102 units 320,076 181,633 15.78%
i R-59 Residential Property 55 units 145,035 85.815 7.46%
R-60 Residential Property 86 units I 212,592 127,940 11.12%
TOTAL 753 units I $1,150,907 100.00%
2. Calculation of Required Average Special Tax Per Unit/Acre
At the time the first building permit application for a Planning Area is submitted to the
City, the CFD Administrator shall calculate the Required Average Special Tax Per
Unit/Acre.
3. Backup Special Tax due to Loss of Units/Acres
Ifat any time after the Required Average Special Tax Per Unit/Acre has been calculated
initially for a Planning Area, the CFD Administrator determines that based on tentative
maps, Final Residential Subdivision maps, the Development Projection, and any other
available information there has been a reduction in the total expected number of dwelling
units or non-residential Acres within that Planning Area, then a Backup Special Tax
payment shaH be required for each lost unit or Acre prior to the issuance of any additional
building permits or the recordation of any additional final maps for such Planning .i\rea.
City ofChuJa Vista
Community Facilities Districrl\'o. 99./
July 6. /999
Page 11
/,//?-/y
4. Backup Special Tax due to Loss of Residential Floor Area
For Planning Areas that include Residential Propeny. before each building permit (or
group of permits) is issued, the CFD Administrator shall calculate the Actual Average
Special Tax Per Unit for the Planning Area. If the Actual Average Special Tax Per Unit
is less than the Required Average Special Tax Per Unit then a Backup Special Tax
payment will be required prior to issuance of the building permit(s) included within the
calculation.
5. Calculation of Backup Special Tax
The Backup Special Tax payment amount will be calculated using the prepayment
formula described in Section I.I, with the following exceptions: (i) if the Backup Special
Tax is required as a result of Section E.3, then the amount used in Paragraph No.1 of the
prepayment formula described in Section 1.1 shall equal the number of lost units or
Acres, as applicable, times the Required Average Special Tax Per Unit/Acre. In the
event Residential Property as identified in Tables 4, 5, and 6 is rezoned in whole or part
to non-residential property, the CFD Administrator shall determine the Maximum Annual
Special Tax revenue by using the Developed Property rates applicable to such non-
residential property and the amount so derived shall be applied as a reduction to the
amount determined in the preceding sentence; (ii) if the Backup Special Tax is required
as a result of Section E.4, then the amount used in Paragraph No. 1 of the prepayment
formula described in Section I.I shall equal the difference between the Actual Average
Special Tax Per Unit and the Required Average Special Tax Per Unit times the sum of
the number of units for which permits are being issued plus the number of units within
the Planning Area for which building permits have previously been issued. The amount
determined pursuant to the preceding sentence shall be reduced by the balance in the
Backup Special Tax Fund that has been established for such Planning Area; (iii) in
Paragraph No.7 ofthe prepayment formula described in Section 1.1, compute the amount
needed to pay interest on the Bond Redemption Amount until the first redemption date
that occurs after five years from the date of the first Backup Special Tax payment in the
Planning Area; (iv) any Backup Special Tax payments received for a Planning Area (less
Administrative Fees and Expenses) shall be deposited into the Backup Special Tax Fund
for that Planning Area and disbursed pursuant to the Indenture; and (v) the Maximum
Annual Special Taxes applicable to property within a Planning Area shall not be reduced
or relieved as a result of payment of the Backup Special Tax.
6. Use/Release of Backup Special Tax Payments
When a Planning Area reaches full buildout (i.e., all expected building permits have been
issued), the CFD Administrator shall calculate the actual Developed Property Maximum
Annual Special Tax revenues that will be generated from such Planning Area. If the
actual Developed Property Maximum Annual Special Tax revenues are greater than or
equal to 1.1 times that Planning Area's Share of Annual Debt Service, the balance in the
Cit)' ofChuJa Vista
Community Facilities District l"io. 99-1
July 6. J 999
Page 13
) if!] - / /
Backup Special Tax Fund shall be returned to the payer. If Backup Special Taxes have
been paid by more than one entity, the amount of Backup Special Taxes returned to each
payer shalJ be in proportion to the amount paid by each entity. If the actual Developed
Property Maximum Annual Special Tax revenues are less than I. I times that Planning
Area's Share of Annual Debt Service. then to the extent necessary to generate I 10%
coverage, the balance in the Backup Special Tax Fund shalJ be used to redeem bonds on
the next available redemption date. Any moneys remaining in BacJ..-up Special Tax Fund
shall be returned to the payer. If a Planning Area has not reached full buildout within
five years after the first payment of Backup Special Taxes for such Planning Area, then
all moneys in the Backup Special Tax Fund shall be used to redeem bonds on the next
available redemption date.
F. EXEMPTIONS
No Special Tax shalJ be levied on: up to 529.7 Acres of Property Owner Association
Property and Public Property. Tax-exempt status will be irrevocably assigned by the CFD
Administrator in the chronological order in which property becomes Property Owner
Association Property or Public Property.
After the limit of: 529.7 exempt Acres has been reached, the Maximum Annual Special Tax
obligation for any additional Public Property shall be prepaid in full pursuant to Section I.l,
prior to the transfer/dedication of such property. Until the Maximum Annual Special Tax
obligation for any such property is prepaid, the property shall continue to be subject to the
levy of the Special Tax as Undeveloped Property.
Taxable Property Owner Association Property shall be subject to the levy of the Special Tax
Underdeveloped Property and shall be taxed Proportionately as part of the third step in
Section D above, at up to 100% of the Maximum Annual Special Tax for Taxable Property
Owner Association Property.
G. REVIEW/APPEAL COMMITTEE
The Council shall establish as part of the proceedings and administration of CFD No. 99- I a
special three-member Review/Appeal Committee. Any landowner or resident who feels that
the amount of the Special Tax levied on their Assessor's Parcel is in error may file a written
notice with the Review/Appeal Committee appealing the amount of the Special Tax levied on
such Assessor's Parcel. The Review/Appeal Committee may establish such procedures, as it
deems necessary to undertake the review of any such appeal. The Review/Appeal
Committee shall interpret this Rate and Method of Apportionment and make determinations
relative to the annual administration of the Special Tax and any landowner or resident
appeals as herein specified. The decision of the Review/Appeal Committee shall be final and
binding as to all persons.
City of Chuia Vista
Communit)' Facilities District .1\'0. 99-1
July 6. 1999
Page J 4
/ tj [] -,;]1/
H. MANNER OF COLLECTION
The annual Special Tax shall be collected in the same manner and at the same time as
ordinary ad valorem property taxes; provided, however, that CFD No. 99-1 may directly bill
the Special Tax, may collect Special Taxes at a different time or in a different manner if
necessary to meet its financial obligations, and may covenant to foreclose and may actually
foreclose on Assessor's Parcels, which are delinquent in the payment of Special Taxes.
Tenders of Bonds may be accepted for payment of Special Taxes upon the terms and
conditions established by the Council pursuant to the Act. However, the use of Bond tenders
shall only be allowed on a case-by-case basis as specifically approved by the Council.
I. PREP A YMENT OF SPECIAL TAX
The following definitions apply to this Section I:
"CFD Public Facilities means either $35.3 million 1999 dollars, which shall increase by the
Construction Inflation Index on July I. 2000, and on each July 1 thereafter, or such lower
number as (i) shall be determined by the CFD Administrator as sufficient to provide the
public facilities under the authorized bonding program for CFD No. 99-1, or (ii) shall be
determined by the Council concurrently with a covenant that it will not issue any more Bonds
to be supported by Special Taxes levied under this Rate and Method of Apportionment as
described in Section D.
"Construction Fund" means an account specifically identified in the Indenture to hold
funds that are currently available for expenditure to acquire or construct public facilities
eligible under the Act.
"Construction Inflation Index" means the annual percentage change in the Engineering
News-Record Building Cost Index for the City of Los Angeles, measured as of the calendar
year, which ends in the previous Fiscal Year. In the event this index ceases to be published,
the Construction Inflation Index shall be another index as determined by the CFD
Administrator that is reasonably comparable to the Engineering New-Record Building Cost
Index for the City of Los Angeles.
"Future Facilities Costs" means the CFD Public Facilities minus public facility costs
available to be funded through existing construction or escrow accounts or funded by the
Outstanding Bonds as defined in Section A, minus public facility costs funded by interest
earnings on the Construction Fund actually earned prior to the date of prepayment, and minus
public facilities costs paid directly with Special Taxes.
"Outstanding Bonds" means all previously issued Bonds, which will remain outstanding
after the first interest and/or principal payment date following the current Fiscal Year,
CityofChula 1-'isla
Community Facilities District ^'o. 99-1
July 6, 1999
Page J 5
/ tj [] -02/
excluding Bonds to be redeemed at a later date with the proceeds of prior prepayment of
Maximum Annual Special Taxes.
I. Prepayment in Full
The Maximum Annual Special Tax obligation may only be prepaid and permanently
satisfied by an Assessor's Parcel of Developed Property, Undeveloped Property for which
a building permit has been issued, or Public Property. The Maximum Annual Special
Tax obligation applicable to such Assessor's Parcel may be fully prepaid and the
obligation of the Assessor's Parcel to pay the Special Tax permanently satisfied as
described herein; provided that a prepayment may be made only if there are no delinquent
Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An
owner of an Assessor's Parcel intending to prepay the Maximum Annual Special Tax
obligation shall provide the CFD Administrator with written notice of intent to prepay.
Within 30 days of receipt of such written notice, the CFD Administrator shall notifY such
owner of the prepayment amount of such Assessor's Parcel. The CFD Administrator may
charge a reasonable fee for providing this figure. Prepayment must be made not less than
45 days prior to the next occurring date that notice of redemption of Bonds from the
proceeds of such prepayment may be given to the Trustee pursuant to the Indenture.
The Prepayment Amount (defined below) shall be calculated as summarized below
(capitalized terms as defined below):
Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
less Capitalized Interest Credit
Total: equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be
calculated as follows:
Paragraph No.:
I. For Assessor's Parcels of Developed Property, compute the Maximum Annual Special
Tax for the Assessor's Parcels to be prepaid. For Assessor's Parcels of Undeveloped
Property to be prepaid, compute the Maximum Annual Special Tax for that Assessor's
Parcel as though it was already designated as Developed Property, based upon the
building permit, wb.ich has already been issued for that Assessor's Parcel. For
Assessor's Parcels of Public Property to be prepaid, compute the Maximum Annual
Special Tax for that Assessor's Parcel.
Cit)' ofChula Vista
Community Facilities District 1\"0. 99-1
July 6. } 999
Page 16
Jie -,);2
.,
Divide the Maximum Annual Special Tax computed pursuant to paragraph] by the
sum of the total expected Special Tax revenues in Tables 4,5. and 6 in Section E,
excluding any Assessor's Parcels. which have been prepaid.
3. Multiply the quotient computed pursuant to paragraph 2 by the Outstanding Bonds to
compute the amount of Outstanding Bonds to be retired and prepaid (the "Bond
Redemption Amount'~.
4. Multiply the Bond Redemption Amount computed pursuant to paragraph 3 by the
applicable redemption premium, if any, on the Outstanding Bonds to be redeemed
(the "Redemption Premium'~.
5. Compute the Future Facilities Costs.
6. Multiply the quotient computed pursuant to paragraph 2 by the amount determined
pursuant to paragraph 5 to compute the amount of Future Facilities Costs to be
prepaid (the "Future Facilities Amount').
7. Compute the amount needed to pay interest on the Bond Redemption Amount from
the first bond interest and/or principal payment date following the current Fiscal Year
until the earliest redemption date for the Outstanding Bonds.
8. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel.
9. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal
Year, which have not yet been paid.
10. Compute the minimum amount the CFD Administrator reasonably expects to derive
from the reinvestment of the Prepayment Amount less the Future Facilities Amount
and the Administrative Fees and Expenses from the date of prepayment until the
redemption date for the Outstanding Bonds to be redeemed with the prepayment.
II. Add the amounts computed pursuant to paragraphs 7 and 9, and subtract the amount
computed pursuant to paragraph 10 (the "Defeasance Amount').
12. VerifY the administrative fees and expenses of CFD No. 99-1, including the costs of
computation of the prepayment, the costs to invest the prepayment proceeds. the costs
of redeeming Bonds, and the costs of recording any notices to evidence the
prepayment and the redemption (the "Administrative Fees and Expenses').
13. The reserve fund credit (the "Reserve Fund Credit'~ shall equal the lesser of: (a) the
expected reduction in the reserve requirement (as defined in the Indenture), if any,
associated with the redemption of Outstanding Bonds as a result of the prepayment,
City ofChuJa J"isla
Community Facilities District ^'o. 99-1
July 6. J 999
Page Ii
/ Lj'[]-.:2.3
....-.^--.--.----..........----.--........- --_."._-_._--~--,--_._~-_.~
or (b) the amount derived by subtracting the new reserve requirements (as defined in
the Indenture) in effect after the redemption of Outstanding Bonus as a result of the
prepayment from the balance in the reserve fund on the prepayment date, but in no
event shall such amount be less than zero.
14. If any capitalized interest for the Outstanding Bonds will not have been expended at
the time of the first interest and/or principal payment following the current Fiscal
Year, a capitalized interest credit shall be calculated by multiplying the quotient
computed pursuant to paragraph 2 by the expected balance in the capitalized interest
fund after such first interest and/or principal payment (the "Capilalized Interest
Credit").
15. The Maximum Annual Special Tax prepayment is equal to the sum of the amounts
computed pursuant to paragraphs 3, 4, 6,11, and 12, less the amounts computed
pursuant to paragraphs 13 and 14 (the "Prepaymenl AmounI').
16. From the Prepayment Amount, the amounts computed pursuant to paragraphs 3, 4,
II, 13, and 14 shall be deposited into the appropriate fund as established under the
Indenture and be used to retire Outstanding Bonds or make debt service payments.
The amount computed pursuant to paragraph 6 shall be deposited into the
Construction Fund. The amount computed pursuant to paragraph 12 shalI be retained
by CFD No. 99-1.
The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of
Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be
retained in the appropriate fund established under the Indenture to be used with the next
prepayment of bonds or to make debt service payments.
As a result of the payment of the current Fiscal Year's Special Tax levy as determined
under paragraph 9 (above), the CFD Administrator shall remove the current Fiscal Year's
Special Tax levy for such Assessor's Parcel from the County tax rolIs. With respect to
any Assessor's Parcel that is prepaid, the Board shall cause a suitable notice to be
recorded in compliance with the Act, to indicate the prepayment of Special Taxes and the
release of the Special Tax lien on such Assessor's Parcel, and the obligation of such
Assessor's Parcel to pay the Special Tax shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the
amount of Maximum Annual Special Taxes that may be levied on Taxable Property
within CFD No. 99-1 both prior to and after the proposed prepayment is at least I. I times
the maximum annual debt service on all Outstanding Bonds.
Tenders of Bonds in prepayment of Maximum Annual Special Taxes may be accepted
upon the terms and conditions established by the Council pursuant to the Act. However,
City ofChula Vista
Community Facilities District ,\'0. 99-1
July 6. /999
Page 18
/yg-;2Lj'
the use of Bond tenders shall only be allowed on a case-by-case basis as specifically
approved by th" Council.
2. Prepayment in Part
The Maximum Annual Special Tax on an Assessor's Parcel of Developed Property or
an Assessor's Parcel of Undeveloped Property for which a building permit has been
issued may be partially prepaid. The amount of the prepayment shall be calculated as
in Section 1.1; except that a partial prepayment shall be calculated according to the
following formula:
PP = PE X F
These terms have the following meaning:
PP = the partial prepayment
PE = the Prepayment Amount calculated according to Section I. I .
F = the percent by which the owner of the Assessor's Parcel(s) is partially prepaying
the Maximum Annual Special Tax.
The oV.'I1er of an Assessor's Parcel who desires to partially prepay the Maximum
Annual Special Tax shall notify the CFD Administrator of (i) such owner's intent to
partially prepay the Maximum Annual Special Tax, (ii) the percentage by which the
Maximum Annual Special Tax shall be prepaid, and (iii) the company or agency that
will be acting as the escrow agent, if applicable. The CFD Administrator shall
provide the owner with a statement of the amount required for the partial prepayment
of the Maximum Annual Special Tax for an Assessor's Parcel within 30 days of the
request and may charge a reasonable fee for providing this service.
With respect to any Assessor's Parcel that is partially prepaid, the City shall (i)
distribute the funds remitted to it according to Paragraph 16 of Section I.1, and (ii)
indicate in the records of CFD No. 99- I that there has been a partial prepayment of
the Maximum Annual Special Tax and that a portion of the Maximum Annual Special
Tax equal to the outstanding percentage (1.00 - F) of the remaining Maximum Annual
Special Tax shall continue to be authorized to be levied on such Assessor's Parcel
pursuant to Section D.
J. TERM OF MAXIMUM ANNUAL SPECIAL TAX
The Maximum Annual Special Tax shall be levied commencing in Fiscal Year 1999-
2000 to the extent necessary to fully satisfy the Special Tax Requirement for a period
no longer than the 2034-2035 Fiscal Year.
X:\1953.2.ADMIN\160324APPORTDOC 7/6199 3:39 PM
City of ChuJa Vista
Community Facilities District .":0. 99./
July 6. } 999
Page 19
) VB ~ .::2~~
~'s~e ~ii~3~i e~
~~~I . ,,~ ~~~< ~z
~~\~ie .~
~~I~r . ~~
! "I . ilS!~.~ ~ <
. < ~oo
.< o~ c "00 !~.~d~ >.. I.~
~~~i ~~ I ~ ~~~ =~~
~~:ir '~i II ~I~~~ ~~
' l lil::t:.to( ~g Oe" ~o
~ jjli ~> ~~> ~~I i~ .
~~I' ~< . ~:d~. i
~ ~iI (jj ~ >>
>> ~ ~
>8 ~~.I ~ I ;I~d ~ :.~
".
lil~~~ . ~ I 0
~~I ~ ~ J~~U ..
. ~
~;~~ . .!~~~51~
.~o
" < .
ITI
X
::c
CO
-l
)>
r
.10
ill::
~h~
~~f
~i?~~ H!S
~.~ ifl~
~'i"a ~~z:
;;&J:. ~~ CI.l
T'4~i B.i.~
~~.J ~~.:oo
. ~~ Il~
~ ~ f
z
'"
u;
10
10
z
~
'II
I
z -g!ii! C!
; n ~
~ q ~
~ iI
~
Q :s;;
~ F
~ .." ~ ")> "U
C "',...... ;:0
~2~~()~
(I) ): R11T1 )> ;:::: 0
-I> . -<I Ul
-ITI
;:;j;;;~:::;;;:O--fo
o:;z')>,.,..,co
.". ITI~ZI'IO
(")(")x02(/)c
~g::-;ITI Z
d~o..,,!{lO~
;o-<z<)>_;:o
~o ITI (/)-<
>.,,)> 0
(/);:O)>z-f;s::
>ITIZITl:;:O)>
Z)>O "U
!;2Ul< a
:;J , --1
o , --,
)>
~ z
o
.
-....J en (Jl ~ LN N :-" )>c."
. .. z
~ ~ ~ Q') en Q') ~ ~~
..p...p...p...p...p.::!::-"x::o
(.NITTi I I l>rTJ
I aoooo:::!
~~O'lmlNLNlNo
OOOOOO?z
I I I I '.!.o'U
.....00000<.0):-
O-.....JlNNlN ::0
~ (")
'U 1'1
o r
;0 (f)
:::j
o
z
~
~
Ul
-l
'-"
JLj 5 ~02?
"U
o
;:0
:::!
o
z
Ul
o
.."
()
o
s:
s:
c
z
-
-f
-<
o
Z
ITI
to
to
I
.....
.--
I
0>
0>
.
o
z
W
e..?
<(
Cl::t- ::J
Ou -
ll.. >
Urv 0
u..WZ
ot- Z <(
ZCf)O
<(-<(~
-oo...ll..
Il:l (f)
- W
<('''Ie..?
VI U <(
(f)W Z-l
W_ <(-l
Zt- Cl::>
O_
N ,>- _
--' <( W
0- I- Z
wU 00
gs <( '-" W
@SlJ.... ~
-l
Cl::>- -l
0... >
t- ll..
Z 0
:::> ~
~ 2
~ Cl::
o ~
u
W
Z
o
Ie!
I
\\9
~
?
o
'-'
w
is
z
<
(/)
u.<
0-
z
~i5
zu.
:::>::J
0<
uu
-u.
~o
(/)t:!
5<
<~
..../(/)
:::>
:c
u
lo-
o
~
u
-
.
~ . .
8 5 ~
. d <
... ~ --
~ "- (i
~
I
~ I
~ I
I
.
<
.
J'I!J'~
'"
'"
'"
-
.
l
!
~
w
z
~
.
r.c ~
u'S.l :s:
.! g ~ t;~
..:~ 5 e;~~
...1 r2 JI~~'"j
,.~~,i: ...,,:rJ~
\1.1 . 1i~ I
zl~ ]l>oo~~
-1~ ~-l<;~
!i:~~ ~~!~
~r~
~11~
;:S'h
l::;r.
l
,
,
8
m
I-
m
I
x
W
I~ ~
~ c
~
o
I
.
I ~
. ~
! a
I
~
(')
~ 0
~ ~
o ~
Bi C
o Z
.." -
(') < ~
~ r -<
r
)>
G) "
fTl 0 )>
O-l.......-O
Z)> \,,,r
['1-<;=)>
_z
<~~z
rz-z
j: (') rr1 G)
G) :r: (f))>
fTl ::0
UJ fTl
..,,-00)>
<)> UJ
fTl -
)> ~ (f)"
Z fTl ~o
o ::::0::0
<
r=
r
)>
G)
fTl
1=
z
'"
'"
'"
'"
fTl
X
:r:
CIJ
-I
(')
~
,
j
.
"0
~_ :i.1I:
. ~z?t
h~
;1
il'~9' ~. ~
~. ,S:O
~~...2 ll.::!
~~ia ~.~:r:
"",;"I':'" ;tCIJ
~;:~j ~:!IIIIJI
~;::!!,1 l.i t""
~!'l .!'l.:"ll
~ <"1--
. a'"
2 ~iP
f
I
,
l
a
~ 2
~ ~
" 0
c -
~ ~
~
~I
/t/f]~ 026
o
."
(')
:z:
Ul~
:;:)>
MS;
Ul
0"'"
.,,}>
(')(')
>0
C:C
."Z
0","
;u-<
z
-0
)>."
Ul
)>
Z
o
r;;
C)
o
o
Z
fTl
::E
fTl
UJ
-l
(')
~
Z
o
.
CD
CD
I
~
RESOLUTION NO. ) 95'3/
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ORDERING AND DIRECTING THE PREPARATION OF A
REPORT FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. 99-1
(OTAY RANCH SPA ONE - PORTIONS OF VILLAGE ONE, VILLAGE FIVE
AND VILLAGE ONE WEST)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the
"City Council"), has declared its intention to initiate proceedings to create a Community Facilities
District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of
1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of
California (the "Act") and the City of Chula Vista Community Facilities District Ordinance
enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of
Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the
Ordinance may be referred to collectively as the "Community Facilities District Law"). This
Community Facilities District shall hereinafter be designated as COMMUNITY FACILITIES
DISTRICT NO. 99-1 (Or A Y RANCH SPA ONE - PORTIONS OF VILLAGE ONE, VILLAGE
FIVE AND VILLAGE ONE WEST) (the "District"); and,
WHEREAS, this City Council directs, pursuant to the provisions of Section 53321.5 of
the Government Code of the State of California, the preparation of a report to provide more
detailed information relating to the proposed District, the proposed facilities to be financed
through the District, and estimate of the cost of providing such facilities (the "Special Tax
Report").
NOW, THEREFORE IT IS HEREBY RESOLVED:
SECTION 1.
The above recitals are all true and correct.
SECTION 2. The Director of Public Works is hereby directed and ordered to
prepare or cause to be prepared the Special Tax Report to be presented to this City Council,
generally setting forth and containing the following:
FACILITIES:
A full and complete description of the public facilities the
acquisition of which is proposed to be financed through the
District..
COST ESTIMATE: A general cost estimate setting forth costs of acquiring such
facilities.
1
JLjc-/
SPECIAL TAX:
Further particulars and documentation regarding the rate and
method of apportionment for the authorized special tax.
SECTION 3. The Special Tax Report, upon its preparation, shall be submitted to
this City Council for review, and such report shall be made a part of the record of the public
hearing on the Resolution of Intention to establish such District.
PREPARED BY:
APPROVED AS TO FORM BY:
J~~~
City Attorney
John P. Lippitt
Director of Public Works
H:\shared\attorney\loraine\99_1 Reso. C
2
JJjc-~
RESOLUTION NO. J 9 ~3 .2.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, DECLARING INTENTION TO ISSUE BONDS SECURED BY
SPECIAL TAXES TO PAY FOR THE ACQUISITION OF CERTAIN FACILITIES
IN COMMUNITY FACILITIES DISTRICT NO. 99-1 (OT A Y RANCH SPA ONE-
PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE WEST)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the
"City Council"), has initiated proceedings to create a Community Facilities District pursuant to the
terms and provisions ofthe "Mello-Roos Community Facilities Act of1982", being Chapter 2.5, Part
I, Division 2, Title 5 ofthe Government Code of the State of California (the "Act") and the City of
Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by
the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution ofthe State of
California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the
"Community Facilities District Law") to finance the acquisition of certain authorized facilities. This
Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES
DISTRICT NO. 99-1 (OTAY RANCH SPA ONE - PORTIONS OF VILLAGE ONE, VILLAGE
FIVE AND VILLAGE ONE WEST) (the "District"); and,
WHEREAS, it is the intention of this legislative body to finance the acquisition of all or a
portion of such facilities through the issuance of bonds, such bonds to be secured by special taxes
to be levied on taxable property within the District, all as authorized pursuant to the Community
Facilities District Law.
NOW THEREFORE IT IS HEREBY RESOLVED:
SECTION 1. The above recitals are all true and correct.
SECTION 2. This City Council declares that the public convenience and necessity requires
that a bonded indebtedness be incurred to finance all or a portion of certain public facilities as
proposed for the designated District.
SECTION 3. The purpose for the proposed debt is to finance the acquisition of authorized
public facilities consisting ofthe types of public facilities described in Exhibit A attached hereto and
incorporated herein by this reference.
1
Ji/])~/
SECTION 4. The amount ofthe proposed bonded indebtedness, including the cost of the
facilities, together with all incidental expenses, contingencies and financing costs is generally
estimated to be:
$60,000,000
SECTION 5. NOTICE IS GIVEN THAT ON THE 17th DAY OF AUGUST, 1999, AT
THE HOUR OF 6:00 O'CLOCK P.M. IN THE REGULAR MEETING PLACE OF THE
LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, CITY HALL, LOCATED AT 276
FOURTH AVENUE, CHULA VISTA, CALIFORNIA, A HEARING WILL BE HELD ON THE
INTENTION OF THIS LEGISLATIVE BODY TO INCUR A BONDED INDEBTEDNESS TO
FINANCE PUBLIC FACILITIES IN THE COMMUNITY FACILITIES DISTRICT BY THE
LEVY OF A SPECIAL TAX. AT THE TIME AND PLACE FIXED FOR SAID PUBLIC
HEARING ANY PERSONS INTERESTED, INCLUDING PERSONS OWNING PROPERTY
WITHIN THE AREA, MAY APPEAR AND PRESENT ANY MATTERS RELATING TO THE
PROPOSED INTENTION AND NECESSITY FOR INCURRING THE BONDED
INDEBTEDNESS WHICH WILL PAY FOR ALL OR A PORTION OF THE PROPOSED
PUBLIC FACILITIES AND WHICH WILL BE SECURED BY A SPECIAL TAX TO BE LEVIED
WITHIN SAID COMMUNITY FACILITIES DISTRICT.
SECTION 6. Notice of the time and place of the public hearing shall be given by the City
Clerk by publishing a Notice of Public Hearing in the legally designated newspaper of general
circulation, being the STAR NEWS, said publication pursuant to Section 6061 ofthe Government
Code, with said publication to be completed at least seven (7) days prior to the date set for the public
hearing.
PREPARED BY:
APPROVED AS TO FORM BY:
G-~~
John M. Kaheny
City Attorney
John P. Lippitt
Director of Public Works
h:\SHARED\A TTORNEY\LORAINE\99.! RESO.D
2
/1/P --02
. .
Ex,..\ls,-r A
Proposed List of Improvemeuts
to be FiDaDud by
CommuDity Facilities District No. 99-1
Propoaed ImprovemeDt List
A. Olympic Parkway Phase I
B. Olympic Parkway Phase 2
C. Paseo Ranchero Phase 2
D. Palomar (Village One West)
E. Palomar (Village Five)
F. Slope Landscaping
G. Public Facilities Development Impact Fees
- Animal Shelter
- Corporation Yard
- Fire Station #7
- Civic Center Expansion
H. Pedestrian Bridge Impact Fees
X:\I95:3.2\AnMlN\D5D621T ABLEDOC'
/IP-J
Total Estimated Cost
$35,164,875
S 5,352,588
$ 4,253,548
$ 4,534,908
$ 1,962,325
$ 5,026,973
$10,000,000
S 1,33],666
RESOLUTION NO. ) ~~;J y
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ADOPTING BOUNDARY MAP SHOWING TERRITORY
PROPOSED TO BE ANNEXED IN THE FUTURE TO A COMMUNITY
FACILITIES DISTRICT (OTAY RANCH SPA ONE - PORTIONS OF
VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE WEST)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the
"City Council") desires to authorize the future annexation of territory to a Community Facilities
District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of
1982", being Chapter 2.5. Part 1, Division 2, Title 5 of the Government Code of the State of
California, and specifically Article 3.5 thereof. The Community Facilities District has been
designated as COMMUNITY FACILITIES DISTRICT NO. 99-1 (OTAY RANCH SPA ONE-
PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE WEST) (the
"District"); and,
WHEREAS, there has been submitted a map showing the territory proposed to be annexed
in the future to the existing District, said area to be designated as COMMUNITY FACILITIES
DISTRICT NO. 99-1 (FUTURE ANNEXATION AREA) (the "Future Annexation Area".
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION I. The above recitals are all true and correct.
SECTION 2. The map showing the Future Annexation Area and to be subject to a special
tax upon such annexation is hereby approved and adopted. Such map is designated by the name
of the District and Future Annexation Area.
SECTION 3. A certificate shall be endorsed on the original and on at least one (1) copy
of the map of the Future Annexation Area, evidencing the date and adoption of this Resolution,
and within fifteen days after the adoption of the Resolution fixing the time and place of the
hearing on the intention to annex in the future, a copy of said map shall be filed with the correct
and proper endorsements thereon with County Recorder, all in the manner and form provided for
Section 3111 of the Streets and Highways Code of the State California.
PREPARED BY:
APPROVED AS TO FORM BY:
John P. Lippitt
Director of Public Works
~~~
John M. Kaheny
City Attorney
H:\shared\attomey\loraine\99-1 ResQ.E
JIF~/
RESOLUTION NO. J 9' ~..7 7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, DECLARING INTENTION TO AUTHORIZE THE FUTURE
ANNEXATION OF TERRITORY TO A COMMUNITY FACILITIES DISTRICT 99-1
(OTAY RANCH SPA ONE - PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND
VILLAGE ONE WEST)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, ("City
Council"), at this time desires to authorize the future annexation of territory to a Community Facilities
District pursuant to the terms Community Facilities District pursuant to the terms and provisions of the
"Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part I, Division 2, Title 5 of the
Government Code ofthe State of California, and specifically Article 3.5 thereof. The Community Facilities
District has been designated as COMMUNITY FACILITIES DISTRICT NO. 99-1 (OT A Y RANCH SPA
ONE - PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE WEST) (the "District");
and,
WHEREAS, it is determined to be within the best public interest and convenience to establish a
procedure to authorize and provide for the future annexation ofterritory to the District and further to specify
the amount of special taxes that would be levied and set forth the terms and conditions for certification of
any annexation in the future; and,
WHEREAS, the area proposed to be annexed in the future shall be known and designated as
COMMUNITY FACILITIES DISTRICT NO. 99-1 (FUTURE ANNEXATION AREA) (the "Future
Annexation Area"), and a map showing the Future Annexation Area has been submitted, which said map
is hereby approved and a copy of said map shall be kept on file with the transcript of these proceedings.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. That the above recitals are all true and correct.
AUTHORIZATION
SECTION 2. That these proceedings for future annexations are authorized and initiated by this
legislative body pursuant to the authorization of Section 53339.2 of the Government Code ofthe State of
California.
PUBLIC CONVENIENCE AND NECESSITY
SECTION 3. That this legislative body hereby determines that the public convenience and
necessity requires a procedure to authorize and provide for territory to be annexed in the future to the District
in order to pay the costs and expenses for the required and authorized public facilities.
) Lj ;:- -)
BOUNDARIES
SECTION 4. A general description of the territory included in the District is hereinafter described
as follows:
All that property and territory as previously included within the original District, as said
property was shown on a map as approved by this legislative body designated by the name
of the original District, a copy of which is on file in the Office of the City Clerk, as well as
the County Recorder.
A description of the boundaries and territory of the Future Annexation Area is as follows:
All that property and territory in the Future Annexation Area, as said property is shown on
a map as previously approved by this legislative body, said map identified by the name of
the District and further designated as Future Annexation Area, a copy of which is on file in
the Office of the City Clerk and shall remain open for public inspection. Future annexation
proceedings can only be completed with the unanimous consent of the owner or owners of
any parcel proposed for final annexation.
NAME OF DISTRICT
SECTION 5. The name of the District is COMMUNITY FACILITIES DISTRICT NO. 99-1,
(OT A Y RANCH SPA ONE - PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE
WEST) and the designation for the Future Annexation Area shall be COMMUNITY FACILITIES
DISTRICT NO. 99-1 (FUTURE ANNEXATION AREA).
FACILITIES
SECTION 6. The types of public facilities provided in the existing District are those described
in Exhibit A which is incorporated herein by this reference.
No additional facilities will be necessary or provided in the Future Annexation Area and the facilities
as described for the District will serve the properties within the Future Annexation Area.
SPECIAL TAXES
SECTION 7. It is the further intention of this City Council body that, except where funds are
otherwise available, a special tax sufficient to pay for such facilities and related incidental expenses
authorized by the Community Facilities District Law, secured by recordation of a continuing lien against
all non-exempt real property in the Future Annexation Area, will be levied annually within the boundaries
of such Future Annexation Area. Under no circumstances will the special tax levied against any parcel
used for private residential purposes be increased as a consequence of delinquency or default by the owner
of any other parcel or parcels within the Future Annexation Area by more than 10 percent. For further
particulars as to the rate and method of apportionment of the proposed special tax, reference is made to
the attached and incorporated Exhibit B (the "Special Tax Formula"), which sets forth in sufficient detail
JJj~/c2
the method of apportionment to allow each landowner or resident within the proposed Future Annexation
Area to clearly estimate the maximum amount that such person will have to pay.
The special taxes herein authorized, to the extent possible, shall be collected in the same manner as
ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any
case of delinquency as applicable for ad valorem taxes. Any special taxes that may not be collected on the
County tax roll shall be collected through a direct billing procedure by the Treasurer.
The special tax obligation of any parcel located within the Future A.nnexation Area may be prepaid
and satisfied by the payment of the amount calculated pursuant to the Special Tax Formula.
EFFECTIVE DATE
SECTION 8. Annexation of property in the future shall be effective upon the unanimous approval
of the owner or owners of parcels at the time the parcel is annexed, and no further public hearings or
additional proceedings will be required.
PUBLIC HEARING
SECTION 9. NOTICE IS GIVEN THAT ON THE 17th DAY OF AUGUST, 1999, AT THE
HOUR OF 6:00 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE LEGISLATIVE
BODY, BEING THE COUNCIL CHAMBERS, 276 FOURTH A VENUE, CHULA VISTA, CALIFORNIA,
A PUBLIC HEARING WILL BE HELD WHERE THIS LEGISLATIVE BODY WILL CONSIDER THE
AUTHORIZATION FOR THE ANNEXATION OF CERTAIN TERRITORY IN THE FUTURE TO THE
DISTRICT, THE PROPOSED METHOD AND APPORTIONMENT OF THE SPECIAL TAX TO BE
LEVIED WITHIN THE FUTURE ANNEXATION AREA AND ALL OTHER MATTERS AS SET
FORTH IN THIS RESOLUTION OF INTENTION. ANY INTERESTED PERSONS MAY APPEAR
AND BE HEARD, AND WRITTEN PROTESTS SHALL BE FILED ON OR BEFORE THE TIME FIXED
FOR THE PUBLIC HEARING.
NOTICE
SECTION 10. Notice of the time and place of the public hearing shall be given by the City Clerk
by publication in the legally designated newspaper of general circulation, said publication pursuant to
Section 6061 ofthe Government Code, with said publication to be completed at least seven (7) days prior
to the date set for the public hearing.
PREPARED BY:
APPROVED AS TO FORM BY:
John P. Lippitt
Director of Public Works
O-~~
John M. Kaheny
City Attorney
H:\SHARED\A TTORNEY\LORAINE\99-1RESO.F
JLj~/3
. .
Ex ,.., t '8 ,T f/.
Proposed List of lmprovemeDts
to be Financed by
Community Facilitia District No. 99-1
Proposed Improvement List
A. Olympic ParJ.,'way Phase I
B. Olympic Parl..-way Phase 2
C. Paseo Ranchero Phase 2
D. Palomar (Village One West)
E. Palomar (Village Five)
F. Slope Landscaping
G. Public Facilities Development Impact Fees
- Animal Shelter
- COIpOTation Yard
- Fire Station #7
- Civic Cenler Expansion
H. Pedestrian Bridge Impact Fees
X:\195J.2\ADMlN\D50621T ABLEJ>OC
)1/;:'-7
Total Estimated Cost
$35,164,&75
$ 5,352,588
S 4,253,548
$ 4,534,908
$ 1,962,325
$ 5,026,973
$10,000,000
$ 1,331,666
E)(,HIS I r ~
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 99-1
(Otay Ranch SPA One - Village One, Village Five, and Village One West)
A Special Tax as hereinafter defined shall be levied on all Taxable Property within the City of
Chula Vista Community Facilities District No. 99-1 ("CFD No. 99-1 ") and collected each Fiscal
Year commencing in Fiscal Year 2000-200 I, in an amount determined by the City Council
through the application of the appropriate Special Tax for "Developed Property", "Taxable
Property Owner Association Property", and "Undeveloped Property" as described below. All of
the real property in CFD No. 99-1, unless exempted by law or by the provisions hereof. shall be
taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shoV\n on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area
shown on the applicable final map. parcel map, condominium plan, record of survey, or other
recorded document creating or describing the parcel. If the preceding maps are not available,
the Acreage shall be determined by the City Engineer.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter
2.5, Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the following actual or reasonable estimated costs
directly related to the administration ofCFD No. 99-1, including, but not limited to, the
following: the costs of computing the Special Taxes and preparing the annual Special Tax
collection schedules (whether by the City or designee thereof or both); the costs of collecting
the Special Taxes (whether by the County, the City, or otherwise); the costs of remitting the
Special Taxes to the Trustee; the costs ofthe Trustee (including its legal counsel) in the
discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 99-1
or any designee thereof of complying with arbitrage rebate requirements; the costs to the
City, CFD No. 99-1 or any designee thereof of complying with City, CFD No. 99-1 or
obligated persons disclosure requirements associated with applicable federal and state
securities laws and ofthe Act; the costs associated with preparing Special Tax disclosure
statements and responding to public inquiries regarding the Special Taxes; the costs of the
City, CFD No. 99-1 or any designee thereofrelated to an appeal of the Special Ta;x; the costs
of any credit enhancement obtained by the City or CFD No. 99-1 (but excluding the costs of
any credit enhancement required to be provided by the Master Developer or any other owner
of property within CFD 99-1), and the costs associated with the release of funds from an
escrow account, if any. Administrative Expenses shall also include amounts estimated or
advanced by the City or CFD No. 99-1 for any other administrative purposes of CFD No. 99-
Cit)' ofChuJa Vista
CommuniTy Facilities District .\'0. 99-1
July 6. 1999
Page J
JLj~ ~
1. including attorney's fees and other costs related to commencing and pursuing to
completion any foreclosure of delinquent Special Taxes.
"Annexation Parcels" means those specific Assessor's Parcels that are subject to future
annexation into CFD No. 99-1 as depicted in Exhibit A attached herein. Any Annexation
Parcels that annex to CFD No. 99-1 will be subject to the Maximum Annual Special Tax and
the Backup Special Tax of the zone of CFD 99-1 within which such Annexation Parcel is
located and the appropriate land use category ofCFD No. 99-1 to which such Annexation
Parcel.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned Assessor's Parcel number.
" Assessor's Parcel Map" means an official map of the County Assessor of the County
designating parcels by Assessor's Parcel number.
"Available Funds" means the balance in the reserve fund established pursuant to the terms
of the Indenture in excess of the reserve requirement as defined in such Indenture, delinquent
special tax payments, foreclosure proceeds, the portion of proceeds of Backup Special Tax
payments and Special Tax prepayments collected to pay interest on Bonds, and other sources
of funds available as a credit to the Special Tax Requirement as specified in such Indenture.
"Backup Special Tax" means the Special Tax that is required to be paid as a condition
precedent to the issuance of building permits or recordation of final maps, as determined in
accordance with Section E below.
"Bonds" means any bonds or other debt (as defmed in the Act), whether in one or more
series, issued by CFD No. 99-1 under the Act and secured by the levy of the Special Taxes.
"CFD Administrator" means an official of the City acting for and on behalfofCFD 99-1,
or designee thereof, responsible for determining the Special Tax Requirement and providing
for the levy and collection of the Special Taxes.
"CFD No. 99-1" means City of Chula Vista Community Facilities District No. 99-1 (Otay
Ranch SPA One - Portions of Village One, Village Five, and Village One West).
"City" means City ofChula Vista.
"Commercial Property" means all Assessor's Parcels of Developed Property for which a
building permit(s) was issued for a non-residential use, excluding Community Purpose
Facility Property.
City ofChula Vista
Community Facilities District No. 99-1
July 6. 1999
Page 2
/:I~ ~I
"Community Purpose Facility Property" means all Assessor's Parcels of Developed
Property, which are classified as community purpose facilities and meet the requirements of
City of Chula Vista Ordinance No. 2452.
"Council" means the City Council of the City, acting as the legislative body ofCFD No.
99-1.
"County" means the County of San Diego.
"Developed Property" means, for each Fiscal Year, all Taxable Property, exclusive of
Taxable Property Owner Association Property, for which a building permit for new
construction was issued prior to March 1 of the prior Fiscal Year:.
"Development Projection" means an annual calculation for each Planning Area of CFD No.
99-1 of: (i) the number and total Residential Floor Area of existing dwelling units of
Residential Property, the number of existing Acres of Commercial Property, and the number
of existing Acres of Community Purpose Facility Property, and (ii) a projection of all future
development, including the acreage, projected number of residential dwelling units, projected
Residential Floor Area, projected Commercial Property Acres, projected Community
Purpose Facility Property Acres, and an absorption schedule for all future development
within CFD No. 99-1. The Development Projection shall be dated as of March 1 and
prepared each Fiscal Year by the Master Developer. Upon submittal, the CFD Administrator
shall review, modify if necessary, and approve the Development Projection. If the
Development Projection is not received by the CFD administrator on or before April 1 of
each year, the CFD Administrator shall then prepare or cause to be prepared a Development
Projection.
"Final Residential Subdivision" means a subdivision of property created by recordation of
a final map or parcel map, approved by the City pursuant to the Subdivision Map Act
(California Government Code Section 66410 et seq.), recordation of a lot line adjustment
approved by the City which creates a parcel for which a building permit may be issued or
recordation of a condominium plan pursuant to California Civil Code 1352 that creates
individual lots for which residential building permits may be issued without further
subdivision of such property.
"Fiscal Year" means the period starting July I and ending on the following June 30.
"Indenture" means the indenture, fiscal agent agreement, trust agreement, resolution or
other instrument pursuant to which Bonds are issued, as modified, amended and/or
supplemented from time to time, and any instrument replacing or supplementing the same.
"Land Use Class" means any of the classes listed in Tables 1,2, and 3 of Section C.
City ofChula Visla
Community Facilities District _~lo_ 99-1
July 6. 1999
Page 3
/'/;-7
"Master Developer" means the owner or owners of the predominant amount of
Undeveloped Property in CFD No. 99-1.
"Maximum Annual Special Tax" means the maximum annual Special Tax, determined in
accordance with the provisions of Section C below, that may be levied in any Fiscal Year on
any Assessor's Parcel of Taxable Property.
"Occupied Residential Property" means all Assessor's Parcels of Residential Property,
which have closed escrow to an end user.
"Outstanding Bonds" means all Bonds, which remain outstanding.
"Planning Areas" means those areas shown on Exhibit C. Minor adjustments in the
boundaries of the Planning Areas may be made by the CFD Administrator to conform to the
tentative and final maps, lot line adjustment or other property line adjustment approved by
the City for these areas. The Planning Areas in Exhibit C existing at the time of formation of
CFD No. 99-1 may be expanded to include Annexation Parcels from time to time or
additional Planning Areas may be established to include Annexation Parcels from time to
time.
"Property Owner Association Property" means any property within the boundaries of
CFD No. 99-1 owned by or dedicated to a property owner association. including any master
or sub-association.
"Proportionately" means for Developed Property that the ratio of the actual Special Tax
levy to the Maximum Annual Special Tax is equal for all Assessor's Parcels of Developed
Property within CFD No. 99-1. For Undeveloped Property, "Proportionately" means that the
ratio of the actual Special Tax levy per Acre to the Maximum Annual Special Tax per Acre is
equal for all Assessor's Parcels of Undeveloped Property within CFD No. 99-1.
"Public Property" means any property within the boundaries ofCFD No. 99-1 that is used
for rights-of-way or any other purpose and is owned by or dedicated to the federal
government, the State of California, the County, the City or any other public agency.
"Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit has been issued for purposes of constructing one or more residential dwelling
units.
"Residential Floor Area" means all of the square footage ofliving area within the perimeter
of a residential structure, not including any carport, walkway, garage, overhang, patio,
enclosed patio, or similar area. The determination of Residential Floor Area shall be made
by reference to appropriate records kept by the City's Building Department. Residential
Floor Area will be based on the building permit(s) issued for each dwelling unit prior to it
City ofChula Vista
Community Facilities District/I;o. 99.1
July 6. 1999
Page ~
/y;:~[5'
being classified as Occupied Residential Property. and shall not change as a result of
additions or modifications made after such classification as Occupied Residential Property.
"Special Tax" means the: (i) annual special tax to be levied in each Fiscal Year on each
Assessor's Parcel of Taxable Property to fund the Special Tax Requirement pursuant to
Section D, and (ii) the Backup Special Tax required to be paid as a result of changes in
development.
"Special Tax Requirement" means that amount required in any Fiscal Year for CFD No.
99-1 to: (i) pay annual debt service on all Outstanding Bonds as defined in Section A; (ii) pay
periodic costs on the Bonds, including but not limited to, credit enhancement and rebate
payments on the Bonds; (iii) pay Administrative Expenses; (iv) pay any amounts required to
establish or replenish any reserve funds for all Outstanding Bonds in accordance with the
Indenture; (v) and pay directly for acquisition and/or construction of facilities, which are
authorized to be financed by CFD No. 99-1; (vi) less a credit for Available Funds.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries ofCFD No.
99- 1 which are not exempt from the Special Tax pursuant to law or the provisions of
Section F below.
"Taxable Property Owner Association Property" means all Assessor's Parcels of Property
Owner Association Property that are not exempt pursuant to the provisions of Section F
below.
"Trustee" means the trustee, fiscal agent, or paying agent under the Indenture.
"Undeveloped Property" means, for each Fiscal year, all Taxable Property not classified as
Developed Property or Taxable Property Owner Association Property.
"Zone A" applies only to Developed Property, and means a specific geographic location
known as the Village One area as depicted in Exhibit B attached herein.
"Zone B" applies only to Developed Property, and means a specific geographic location
known as the Village Five area as depicted in Exhibit B attached herein.
"Zone C" applies only to Developed Property, and means a specific geographic location
known as the Village One West area as depicted in Exhibit B attached herein.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each fiscal Year, all Taxable Property within CFD No. 99-1 shall be classified as Developed
Property, Taxable Property Owner Association Property, or Undeveloped Property, and shall
Cit)' ofChula Fista
Communit)' Faci/Wes Districr Ko. 99-1
July 6. J 999
Page 5
)~r~/
be subject to the levy of annual Special Taxes determined pursuant to Sections C and 0
below. Developed Property shall further be assigned to Zone A. Zone B. or Zone C.
The Maximum Annual Special Tax for an Assessor's Parcel of Residential Property shall be
based on the Residential Floor Area and the number of the dwelling units located on such
Assessor's Parcel. The Maximum Annual Special Tax for an Assessor's Parcel of
Commercial Property and Community Purpose Facility Property shall be based on the
Acreage of such Assessor's Parcel.
C. MAXIMUM ANNUAL SPECIAL TAX RATE
1. Developed Property
The Maximum Annual Special Tax for each Land Use Class of Developed Property
within Zone A, Zone 8, or Zone C shall be the applicable amount shown on Tables I. 2,
and 3 below. The Maximum Annual Special Tax for each Assessor's Parcel of
Residential Property shall equal the specified amount per dwelling unit times the number
of dwelling units on such Assessor's Parcel plus the specified amount per square foot
times the square footage of Residential Floor Area on such Assessor's Parcel.
TABLE 1
Maximum Annual Special Tax for Developed Property in Zone A (Village One)
Community Facilities District No. 99-1
Land Use Maximum
Class Description
1 Residential Property $0 per dwelling unit + $.28
per square foot of Residential
Floor Area
2 Commercial Property $1,600 per Acre
~ Community Purpose Facility Property $400 per Acre
,j
City ofClrula rista
Community Facilities District No. 99-1
July 6. ] 999
Page 6
/L//'-/o
TABLE 2
Maximum Annual Special Tax for Developed Property in Zone B (Village Five)
Community Facilities District No. 99-1
Land Use Maximum Annual Special
Class Description Tax
1 Residential Property $400 per dwelling unit +$.29
per square foot of Residential
Floor Area
2 Commercial Property $3,717 per Acre
3 Community Purpose Facility Property $929 per Acre
TABLE 3
Maximum Annual Special Tax for Developed Property in Zone C (Village One West)
Community Facilities District No. 99-1
Land Use I Maximum Annual Special
Class Description Tax
I I Residential Property $400 per dwelling unit + $.44
per square foot of Residential
Floor Area
2 Commercial Property $4,266 per Acre
3 Community Purpose Facility Property $1,066 per Acre
2. Undeveloped Property and Taxable Property Owner Association Property
The Maximum Annual Special Tax for each Assessor's Parcel classified as Undeveloped
Property and Taxable Property Owner Association Property shall be $8,864 per Acre.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 1999-2000 and for each following Fiscal Year, the
Council shall determine or cause to be determined the Special Tax Requirement and shall
determine or cause to be determined the applicable annual Special Tax so that the amount
of Special Taxes equals the Special Tax Requirement for such Fiscal Year. The annual
Special Tax shall be calculated and levied each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on each Assessor's Parcel of
Developed Property within Zone A, Zone B, or Zone C at up to 100% of the applicable
Maximum Annual Special Tax to satisfy the Special Tax Requirement.
Ory of ChuJa Vista
Community Facilities District No. 99-1
July 6. 1999
Page -
;<1/ -;J /
Second: If additional moneys are needed to satisfy the Special Tax Requirement after the
first step has been completed, the Special Tax shal1 be levied Proportionately on each
Assessor's Parcel of Undeveloped Property at up to 100% of the Maximum Annual
Special Tax for Undeveloped Property.
Third: If additional moneys are needed to satisfy the Special Tax Requirement after the
first two steps have been completed. then tlte Special Tax shall be levied Proportionately
on each Assessor's Parcel of Taxable Property Owner Association Property and Public
Property, if applicable, as provided for in Section F at up to tlte Maximum Annual
Special Tax for Taxable Property Owner Association Property and Public Property, if
applicable.
Notwithstanding tlte above, under no circumstances will tlte Special Tax levied against
any Assessor's Parcel of Occupied Residential Property be increased by more tltan ten
percent per year as a consequence of delinquency or default in tlte payment of Special
Taxes by the owner of any otlter Assessor's Parcel of CFD No. 99-1.
E. BACKUP SPECIAL TAX
The following definitions apply to this Section E:
"Actual Average Special Tax Per Unit" means, for each Planning Area, the Actual
Special Tax Revenue divided by the sum of the number of units included in any current
building permit application(s) plus the number of units within such Planning Area for
which building permits have previously been issued. A.oy Residential Floor Area created
by building permits issued after an Assessor's Parcel has been classified as Occupied
Residential Property shall not be included in determining the Actual Average Special Tax
Per Unit.
"Actual Special Tax Revenue" means, for each Planning Area, the sum of the total
Residential Floor Area shown on any current building permit application(s) plus the total
Residential Floor Area from any previously issued building permits within tlte Planning
Area multiplied by the applicable Maximum Annual Special Tax. A.oy Residential Floor
Area created by building permits issued after an Assessor's Parcel has been classified as
Occupied Residential Property shall not be included in determining the Actual Special
Tax Revenue.
"Backup Special Tax Fund" means, for each Planning Area, the fund or account
identified in the Indenture to hold Backup Special Tax payments received from property
owners within such Planning Area.
"Expected Special Tax Revenue" means, with respect to each Planning Area, the
amount shown in the column so labeled in Tables 4, 5, and 6.
City ofClruJa Vista
Community Facilities District No. 99.}
July 6. J 999
Page 8
)tj;:- j~
"Required Average Special Tax Per Unit/Acre" means. for each Planning Area, the
Expected Special Tax Revenue divided by the total expected number of dwelling units or
non-residential Acres (as applicable) expected to be developed within the Planning Area
as determined by the CfD Administrator based on tentative maps. final Residential
Subdivision maps, the Development Projection, and all other relevant information
available to the CFD Administrator. In cases where residential and non-residential
property are both included within a Planning Area, the CFD Administrator may adjust the
Required Average Special Tax Per Unit/Acre as necessary.
"Share of Annual Debt Service" means, for each Planning Area, the maximum annual
debt service on the Bonds multiplied by that Planning Area's percentage of the total
Special Tax revenue, as shown in Table 4, 5, and 6 below. A Planning Area's Share of
Annual Debt Service shall be adjusted to reflect any prepayments within that Planning
Area.
1. Expected Development and Special Tax Revenues
Tables 4,5, and 6 below identify the amount of development and Special Tax revenue
that is currently expected from each Planning Area in Zone A. Zone B, or Zone C.
Tables 4, 5, and 6 may be revised by the CFD Administrator if the Planning Area
boundaries are modified as a result of the annexation of Annexation Parcels to CfD
99-1 or otherwise.
The owner of the Annexation Parcels, upon such annexation, shall provide the CFD
Administrator the total number of residential units or the total number of non-
residential Acres, and the total Residential Floor Area expected to be developed
within the land area of such Annexation Parcels. The CFD Administrator shall utilize
this information to modify Tables 5 and 6 to include the additional Expected Special
Tax Revenue, and to recalculate the percent of total revenue for each Planning Area.
City of Chula Vista
Community Facilities District So. 99.}
July 6. 1999
Page 9
Ji/ "/3
TABLE 4
Expected Development and Special Tax Revenue by Planning Area within Zone A
Community Facilities District No. 99-1
NUMBER EXPECTED
OF TOTAL SPECIAL PERCENT
PLANNING EXPECTED UNITS/ RESIDENTIAL TAX OF TOTAL
AREA PRODUCT TYPE ACRES FLOOR AREA REVENUE REVENUE
R-I Residential Property 70 units 219,660 $61,505 5.29%
R-2 Residential Property 28 units 57,008 15,962 1.37%
R-4 Residential Property 79 units 208,323 58,330 5.02%
R-5 Residential Property 43 units 106,296 29,763 2.56%
R-6 Residential Property 77 units 190,344 53,296 4.58%
R-7 Residential Property 131 units 411,078 115,102 9.90%
R-9 Residential Property 74 units 182,928 51.220 4.41%
R-IO Residential Property 123 units 324,351 90,818 7.81%
R-12 I Residential Property 83 units ] 68,988 47,317 4.07%
R-13 Residential Property 88 units i 146,256 40,952 3.52%
R-14 Residential Property 139 units 215,589 60,365 5.19%
R-15 Residential Property 464 units 464,000 129,9]9 ] 1.19%
R-16 Residential Property 115 units ] 78,365 49,942 4.30%
R-17 Residential Property 98 units 199,528 55,868 4.81%
R-18 Residential Property 74 units 122,988 34,437 2.96%
R-19 Residential Property 204 units 204,000 57,]20 4.91%
R-20 Residential Property 160 units 160,000 44,800 3.85%
R-21 Residential Property ] 68 units 168,000 47,040 4.05%
R-47 Residential Property ] 74 units 174,000 48,720 4.19%
R-48 Residential Property 96 units 195,456 54,728 4.71%
C-I Commercial 8.1 acres N/A 12,960 1.11%
Property
CPF-l Community Purpose 1.5 acres N/A 600 0.05%
Facility Property
CPF-2 Community Purpose 4.5 acres N/A 1,800 0.15%
Facility Property
TOTAL 2,488 units $1,162,564 100.00%
City ofChula nSla
Community Facilities District l\io_ 99-1
July 6. J 999
Page 10
J,/F'-/,-/
TABLE :;
Expected Development and Special Tax Revenue b)' Planning Area within Zone B
Community Facilities District No. 99-1
NUMBER EXPECTED
OF TOTAL SPECIAL PERCENT
PLANNING EXPECTED UNITS/ RESIDENTIAL TAX OF TOTAL
AREA PRODUCT TYPE ACRES FLOOR AREA REVENUE REVENUE
R-25 Residential Property 48 units 150,624 62,881 6.23%
R-26 Residential Property 52 units 137,124 60,566 6.00%
R-27 Residential Property 37 units 75,332 36,646 3.63%
R-28 Residential Property 56 units 93,072 49,391 4.89%
, R-29 Residential Property 83 units 128,733 70,533 6.98%
I R-30 Residential Property 119 units 197,778 104,956 10.39%
c-
, R-31 Residential Property 71 units 144,556 70,321 6.96%
R-32 Residential Property 105 units I 259.560 117,272 11.61%
R-33 Residential Property 47 units 123,939 54,742 5.42%
I R-34 Residential Property 35 units 92,295 40,766 4.04%
I
R-35 Residential Property 36 units 112,968 47,161 4.67%
, R-36 Residential Property 62 units I 153,264 69,247 6.86%
R-37 Residential Property 60 units 99,720 52,919 5.24%
R-38 Residential Property 43 units 87,548 42,589 4.22%
R-39 Residential Property 182 units 182,000 125,579 12.43%
CPF-5 Community Purpose 4.7 acres N/A 4,366 0.43%
Facility Property
TOTAL 1,036 units $1,009,935 100,00%
City ofChula Vista
Community Facilities District .vo. 99./
July 6. J 999
Page II
)1//, ~/S-
TABLE 6
Expected Development and Special Tax Revenue by Planning Area within Zone C
Community Facilities District No. 99-1
NUMBER EXPECTED
OF TOTAL SPECIAL PERCENT
PLANNING EXPECTED UNITS/ RESIDENTIAL TAX OF TOTAL
AREA PRODUCT TYPE ACRES FLOOR AREA REVENUE REVENUE
R-49A Residential Property 88 units 179,168 $114,034 9.91%
R-50 Residential Property 86 units 212,592 127,940 11.12%
R-5IA Residential Property 66 units 174,042 102,978 8.95%
R-52A Residential Property 69 units 216,522 122,870 10.67%
R-53 Residential Property 36 units 112,968 64,106 5.57%
R-54A Residential Property 9 units 18,324 11,663 1.01%
R-55 Residential Property 57 units 116,052 73,863 6.42%
R-56 Residential Property 77 units 169.400 105,336 9.15%
R-57 Residential Property 22 units 54,384 32,729 2.84%
R-58 Residential Property 102 units 320,076 181,633 15.78%
R-59 Residential Property 55 units 145,035 85,815 7.46%
R-60 Residential Property 86 units I 212,592 127,940 11.12%
TOTAL 753 units $1,150,907 100.00%
2. Calculation of Required Average Special Tax Per Unit/Acre
At the time the first building permit application for a Planning Area is submitted to the
City, the CFD Administrator shall calculate the Required Average Special Tax Per
Unit/Acre.
3. Backup Special Tax due to Loss of Units/Acres
If at any time after the Required Average Special Tax Per Unit/Acre has been calculated
initially for a Planning Area, the CFD Administrator determines that based on tentative
maps, Final Residential Subdivision maps, the Development Projection, and any other
available information there has been a reduction in the total expected number of dwelling
units or non-residential Acres within that Planning Area, then a Backup Special Tax
payment shall be required for each lost unit or Acre prior to the issuance of any additional
building permits or the recordation of any additional final maps for such Planning Area.
CityofChuJa Vista
Community Facilities District So. 99-1
July 6, 1999
Page 1]
/1/ ~/I
4. Backup Special Tax due to Loss of Residential Floor Area
For Plarming Areas that include Residential Property, before each building permit (or
group of permits) is issued, the CFD Administrator shall calculate the Actual Average
Special Tax Per Unit for the Planning Area. If the Actual Average Special Tax Per Unit
is less than the Required Average Special Tax Per Unit then a Backup Special Tax
payment will be required prior to issuance of the building permit(s) included within the
calculation.
5. Calculation of Backup Special Tax
The Backup Special Tax payment amount will be calculated ).ISing the prepayment
formula described in Section 1.1, with the following exceptions: (i) if the Backup Special
Tax is required as a result of Section E.3, then the amount used in Paragraph No.1 of the
prepayment formula described in Section 1.1 shall equal the number of lost units or
Acres, as applicable, times the Required Average Special Tax Per Unit/Acre. In the
event Residential Property as identified in Tables 4,5, and 6 is rezoned in whole or part
to non-residential property, the CFD Administrator shall determine the Maximum Annual
Special Tax revenue by using the Developed Property rates applicable to such non-
residential property and the amount so derived shall be applied as a reduction to the
amount determined in the preceding sentence; (ii) if the Backup Special Tax is required
as a result of Section E.4, then the amount used in Paragraph No. I of the prepayment
formula described in Section I. I shall equal the difference between the Actual Average
Special Tax Per Unit and the Required Average Special Tax Per Unit times the sum of
the number of units for which permits are being issued plus the number of units within
the Planning Area for which building permits have previously been issued. The amount
determined pursuant to the preceding sentence shall be reduced by the balance in the
Backup Special Tax Fund that has been established for such Planning Area; (iii) in
Paragraph No.7 of the prepayment formula described in Section 1.1, compute the amount
needed to pay interest on the Bond Redemption Amount until the first redemption date
that occurs after five years from the date of the first Backup Special Tax payment in the
Planning Area; (iv) any Backup Special Tax payments received for a Planning Area (less
Administrative Fees and Expenses) shall be deposited into the Backup Special Tax Fund
for that Planning Area and disbursed pursuant to the Indenture; and (v) the Maximum
Annual Special Taxes applicable to property within a Planning Area shall not be reduced
or relieved as a result of payment of the Backup Special Tax.
6. Use/Release of Backup Special Tax Payments
When a Plarming Area reaches full buildout (i.e., all expected building permits have been
issued), the CFD Administrator shall calculate the actual Developed Property Maximum
Annual Special Tax revenues that will be generated from such Planning Area. If the
actual Developed Property Maximum Annual Special Tax revenues are greater than or
equal to 1.1 times that Planning Area's Share of Annual Debt Service, the balance in the
City qfChula Vista
Community Facilities District No. 99-1
July 6. 1999
Page 13
/'/;:--)7
Backup Special Tax Fund shall be returned to the payer. If Backup Special Taxes have
been paid by more than one entity, the amount of Backup Special Taxes returned to each
payer shall be in proponion to the amount paid by each entity. If the actual Developed
Property Maximum Annual Special Tax revenues are less than 1.1 times that Planning
Area's Share of Annual Debt Service. then to the extent necessary to generate 110%
coverage, the balance in the Backup Special Tax Fund shall be used to redeem bonds on
the next available redemption date. Any moneys remaining in Backup Special Tax Fund
shall be returned to the payer. If a Planning Area has not reached full buildout within
five years after the first payment of Backup Special Taxes for such Planning Area, then
all moneys in the Backup Special Tax Fund shall be used to redeem bonds on the next
available redemption date.
F. EXEMPTIONS
No Special Tax shall be levied on: up to 529.7 Acres of Property Owner Association
Property and Public Property. Tax-exempt status will be irrevocably assigned by the CFD
Administrator in the chronological order in which property becomes Property Owner
Association Property or Public Property.
After the limit of: 529.7 exempt Acres has been reached, the Maximum Annual Special Tax
obligation for any additional Public Property shall be prepaid in full pursuant to Section I.l,
prior to the transfer/dedication of such property. Until the Maximum Annual Special Tax
obligation for any such property is prepaid, the property shall continue to be subject to the
levy of the Special Tax as Undeveloped Property.
Taxable Property Owner Association Property shall be subject to the levy of the Special Tax
Underdeveloped Property and shall be taxed Proportionately as part of the third step in
Section D above, at up to 100% of the Maximum Annual Special Tax for Taxable Property
Owner Association Property.
G. REVIEW/APPEAL COMMITTEE
The Council shall establish as part of the proceedings and administration of CFD No. 99-1 a
special three-member Reviewl Appeal Committee. Any landowner or resident who feels that
the amount of the Special Tax levied on their Assessor's Parcel is in error may file a written
notice with the Review/Appeal Committee appealing the amount of the Special Tax levied on
such Assessor's Parcel. The Review/Appeal Committee may establish such procedures, as it
deems necessary to undertake the review of any such appeal. The Review/Appeal
Committee shall interpret this Rate and Method of Apportionment and make determinations
relative to the annual administration of the Special Tax and any landowner or resident
appeals as herein specified. The decision of the Review/Appeal Committee shall be final and
binding as to all persons.
City ofChula Vista
Community Facilities District/IIO. 99-1
July 6. 1999
Page J 4
/Y,/~/Y
H. MANNER OF COLLECTION
The annual Special Tax shall be collected in the same manner and at the same time as
ordinary ad valorem property taxes; provided, however. that CFD No. 99-1 may directly bill
the Special Tax, may collect Special Taxes at a different time or in a different manner if
necessary to meet its financial obligations. and may covenant to foreclose and may actually
foreclose on Assessor's Parcels, which are delinquent in the payment of Special Taxes.
Tenders of Bonds may be accepted for payment of Special Taxes upon the terms and
conditions established by the Council pursuant to the Act. However, the use of Bond tenders
shall only be allowed on a case-by-case basis as specifically approved by the Council.
I. PREP A YMENT OF SPECIAL TAX
The following definitions apply to this Section 1:
"CFD Public Facilities means either $35.3 million 1999 dollars, which shall increase by the
Construction Inflation Index on July 1,2000. and on each July 1 thereafter, or such lower
number as (i) shall be determined by the CFD Administrator as sufficient to provide the
public facilities under the authorized bonding program for CFD No. 99-1, or (ii) shall be
determined by the Council concurrently with a covenant that it wiIl not issue any more Bonds
to be supported by Special Taxes levied under this Rate and Method of Apportionment as
described in Section D.
"Construction Fund" means an account specifically identified in the Indenture to hold
funds that are currently available for expenditure to acquire or construct public facilities
eligible under the Act.
"Construction Inflation Index" means the annual percentage change in the Engineering
News-Record Building Cost Index for the City of Los Angeles, measured as of the calendar
year, which ends in the previous Fiscal Year. In the event this index ceases to be published,
the Construction Inflation Index shall be another index as determined by the CFD
Administrator that is reasonably comparable to the Engineering New-Record Building Cost
Index for the City of Los Angeles.
"Future Facilities Costs" means the CFD Public Facilities minus public facility costs
available to be funded through existing construction or escrow accounts or funded by the
Outstanding Bonds as defined in Section A, minus public facility costs funded by interest
earnings on the Construction Fund actually earned prior to the date of prepayment, and minus
public facilities costs paid directly with Special Taxes.
"Outstanding Bonds" means all previously issued Bonds, which V\~1I remain outstanding
after the first interest and/or principal payment date following the current Fiscal Year,
City ofChl.lla /'ista
Community Facilities District So. 99~1
July 6, J 999
Page 1 j
/t/Fr/l
excluding Bonds to be redeemed at a later date with the proceeds of prior prepayment of
Maximum Annual Special Taxes.
1. Prepayment in Full
The Maximum Annual Special Tax obligation may only be prepaid and permanently
satisfied by an Assessor's Parcel of Developed Property, Undeveloped Property for which
a building permit has been issued, or Public Property. The Maximum Annual Special
Tax obligation applicable to such Assessor's Parcel may be fully prepaid and the
obligation of the Assessor's Parcel to pay the Special Tax permanently satisfied as
described herein; provided that a prepayment may be made only if there are no delinquent
Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An
owner of an Assessor's Parcel intending to prepay the Maximum Annual Special Tax
obligation shall provide the CFD Administrator with written notice of intent to prepay.
Within 30 days of receipt of such written notice, the CFD Administrator shall notify such
owner of the prepayment amount of such Assessor's Parcel. The CFD Administrator may
charge a reasonable fee for providing this figure. Prepayment must be made not less than
45 days prior to the next occurring date that notice of redemption of Bonds from the
proceeds of such prepayment may be given to the Trustee pursuant to the Indenture.
The Prepayment Amount (defined below) shall be calculated as summarized below
(capitalized terms as defined below):
Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
less Capitalized Interest Credit
Total: equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be
calculated as follows:
Paragraph No.:
1. For Assessor's Parcels of Developed Property, compute the Maximum Annual Special
Tax for the Assessor's Parcels to be prepaid. For Assessor's Parcels of Undeveloped
Property to be prepaid, compute the Maximum Annual Special Tax for that Assessor's
Parcel as though it was already designated as Developed Property, based upon the
building permit, which has already been issued for that Assessor's Parcel. For
Assessor's Parcels of Public Property to be prepaid, compute the Maximum Annual
Special Tax for that Assessor's Parcel.
City ofChuJa Vista
Community Facilities District /Yo. 99.]
July 6. 1999
Page 16
Ji/'~02C
2. Divide the Maximum Annual Special Tax computed pursuant to paragraph 1 by the
sum of the total expected Special Tax revenues in Tables 4.5. and 6 in Section E.
excluding any Assessor's Parcels. which have been prepaid.
3. Multiply the quotient computed pursuant to paragraph 2 by the Outstanding Bonds to
compute the amount of Outstanding Bonds to be retired and prepaid (the "Bond
Redemption Amount").
4. Multiply the Bond Redemption Amount computed pursuant to paragraph 3 by the
applicable redemption premium, if any, on the Outstanding Bonds to be redeemed
(the "Redemption Premium").
5. Compute the Future Facilities Costs.
6. Multiply the quotient computed pursuant to paragraph 2 by the amount determined
pursuant to paragraph 5 to compute the amount of Future Facilities Costs to be
prepaid (the "Future Facilities Amount'').
7. Compute the amount needed to pay interest on the Bond Redemption Amount from
the first bond interest and/or principal payment date following the current Fiscal Year
until the earliest redemption date for the Outstanding Bonds.
8. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel.
9. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal
Year. which have not yet been paid.
10. Compute the minimum amount the CFD Administrator reasonably expects to derive
from the reinvestment of the Prepayment Amount less the Future Facilities Amount
and the Administrative Fees and Expenses from the date of prepayment until the
redemption date for the Outstanding Bonds to be redeemed with the prepayment.
11. Add the amounts computed pursuant to paragraphs 7 and 9, and subtract the amount
computed pursuant to paragraph 10 (the "Defeasance Amount'').
12. VerifY the administrative fees and expenses of CFD No. 99-1, including the costs of
computation of the prepayment, the costs to invest the prepayment proceeds, the costs
of redeeming Bonds, and the costs of recording any notices to evidence the
prepayment and the redemption (the "Administrative Fees and Expenses'').
13. The reserve fund credit (the "Reserve Fund Credit'') shall equal the lesser of: (a) the
expected reduction in the reserve requirement (as defined in the Indenture), if any,
associated with the redemption of Outstanding Bonds as a result of the prepayment,
City of Chula J"is/a
Community Facilities District /1.'0. 99-1
Jucl' 6. J 999
Page Ii
/1/;:- -c2/
or (b) the amount derived by subtracting the new reserve requirements (as defined in
the Indenture) in effect after the redemption of Outstanding Bonds as a result of the
prepayment from the balance in the reserve fund on the prepayment date, but in no
event shall such amount be less than zero.
] 4. If any capitalized interest for the Outstanding Bonds will not have been expended at
the time of the first interest and/or principal payment following the current Fiscal
Year, a capitalized interest credit shall be calculated by multiplying the quotient
computed pursuant to paragraph 2 by the expected balance in the capitalized interest
fund after such first interest and/or principal payment (the "Capi/alized Interest
Credit'').
15. The Maximum Annual Special Tax prepayment is equal to the sum of the amounts
computed pursuant to paragraphs 3, 4, 6, II, and 12, less the amounts computed
pursuant to paragraphs 13 and 14 (the "Prepaymenr Amount").
16. From the Prepayment Amount, the amounts computed pursuant to paragraphs 3, 4,
11, 13, and 14 shall be deposited into the appropriate fund as established under the
Indenture and be used to retire Outstanding Bonds or make debt service payments.
The amount computed pursuant to paragraph 6 shall be deposited into the
Construction Fund. The amount computed pursuant to paragraph 12 shall be retained
by CFD No. 99-1.
The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of
Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be
retained in the appropriate fund established under the Indenture to be used with the next
prepayment of bonds or to make debt service payments.
As a result of the payment of the current Fiscal Year's Special Tax levy as determined
under paragraph 9 (above), the CFD Administrator shall remove the current Fiscal Year's
Special Tax levy for such Assessor's Parcel from the County tax rolls. With respect to
any Assessor's Parcel that is prepaid, the Board shall cause a suitable notice to be
recorded in compliance with the Act, to indicate the prepayment of Special Taxes and the
release of the Special Tax lien on such Assessor's Parcel, and the obligation of such
Assessor's Parcel to pay the Special Tax shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the
amount of Maximum Annual Special Taxes that may be levied on Taxable Property
within CFD No. 99-1 both prior to and after the proposed prepayment is at least 1.1 times
the maximum annual debt service on all Outstanding Bonds.
Tenders of Bonds in prepayment of Maximum Annual Special Taxes may be accepted
upon the terms and conditions established by the Council pursuant to the Act. However,
City ofChula Vista
Community Facilities District No. 99-1
July 6. /999
Page J 8
) Lj /' ~ d.;2,
the use of Bond tenders shall only be allowed on a case-by-case basis a, specifically
approved by the Council.
2. Prepayment in Part
The Maximum Annual Special Tax on an Assessor's Parcel of Developed Property or
an Assessor's Parcel of Undeveloped Property for which a building permit has been
issued may be partially prepaid. The amount of the prepayment shall be calculated as
in Section l.l; except that a partial prepayment shall be calculated according to the
following formula:
PP = PE X F
These terms have the following meaning:
PP = the partial prepayment
PE = the Prepayment Amount calculated according to Section 1.\.
F = the percent by which the owner of the Assessor's Parcel(s) is partially prepaying
the Maximum Annual Special Tax.
The owner of an Assessor's Parcel who desires to partially prepay the Maximum
Annual Special Tax shall notify the CFD Administrator of (i) such owner's intent to
partially prepay the Maximum Annual Special Tax, (ii) the percentage by which the
Maximum Annual Special Tax shall be prepaid, and (iii) the company or agency that
will be acting as the escrow agent, if applicable. The CFD Administrator shall
provide the owner with a statement of the amount required for the partial prepayment
of the Maximum Annual Special Tax for an Assessor's Parcel within 30 days of the
request and may charge a reasonable fee for providing this service.
With respect to any Assessor's Parcel that is partially prepaid, the City shall (i)
distribute the funds remitted to it according to Paragraph 16 of Section 1.1, and (ii)
indicate in the records ofCFD No. 99-1 that there has been a partial prepayment of
the Maximum Annual Special Tax and that a portion of the Maximum Annual Special
Tax equal to the outstanding percentage (1.00 - F) of the remaining Maximum Annual
Special Tax shall continue to be authorized to be levied on such Assessor's Parcel
pursuant to Section D.
J. TERM OF MAXIMUM ANNUAL SPECIAL TAX
The Maximum Annual Special Tax shall be levied commencing in Fiscal Year 1999-
2000 to the extent necessary to fully satisfy the Special Tax Requirement for a period
no longer than the 2034-2035 Fiscal Year.
X:\1953.2\ADMIN\160324APPORT.DOC 7/6/99 3:39 PM
City of Chu/a Vista
Community Facilities District /\'0. 99./
July 6. 1999
Page /9
/7'; -.:23
~'S~6 ~~i~~~i e6
~.
l~~1 :I ~.~"~~~< .~
~~ q. ~e:~'~ie . ~~
1 "/ S~161 . <
. , ilio.~ ~ .00
< nlil I ~ -00 !f~~~a~ ~~~ lo~
m~ ~~...~ i!:;!::;! ~~~
~~~ II ~Io~~ ~~
;. l lil::;!::;!"" '~:il ~e" g :l~. "E" ~o
l a~iw ~s: ~~~ i~ :l
<~~ i
h · i~l. i~ . ~.~e~:l >.
~ >> ~ ~
>8 iiI.1 ~ I iiN l
~~~~ ~ .~
. i I 0
~~I ~ ~ ~i~:l~i .,
6 ~
~~~~ . .!~~~~~
" ~~~
.
rTJ
X
:J:
OJ
-l
)>
f
.To
-a:::
~fi~
~~~
~i?~~ ~[~
01 ilJ if ....
~'i'~a ~l21
...&.~ "'a 9 tIJ
~ "o! ~;...
~~~J Q<ot"l
~t:~ ~l~
.~ ~
1I"
~ i,,'
~ f
~
z
",
<0
<0
<0
z
.
.
! II i
I
~ j i
~ ~ i
t
<
~
~
~
~
~
~
Q ::;;
::< F
o ..,., ~ "'TJ "'D
"TJCrTJ,....,)>:;c
~c!oo()~
c:;cZ>_O
~>rTJ.f'1-<r(J)
> -rTJ
iTlVl~::;;:;C-fo
o ~ Z · )> ;:;:; OJ
"TJ- rTJ'Z,",O
(")(")X~2(/)c
E:~ ~ rTJ Z
b~o""'!:20~
Z:o Z<)>-:;c
-0 rTJ (f)-<
>"TJ)> 0
(J):;C)>z-fs:::
>rTJZrTJ"'T'I)>
Z )> 0 -'V "'D
2 (J) <() -
rT1 _
C'l · -I
o .
)>
~ Z
o
.
:---J~Y1~~r-v;-,~~
'" z-<
O'l 0> Ol (]) en O'l..p. fTlC
..p...p...p...p....p...p..--'x;u
............................ rr1
IN I I I I I I )>
laoooaD=:!
9 Ol O'l O'l(,...-l IN (..J
ooaooo?z
I I I I '.!.o'U
--'00000(0)>
O-.....JUl'0tN ::0
()
'"
r
(f)
-:0
o
;u
:::!
o
z
~
~
(J)
-l
........
~
J'/ /' - .:<
"'D
o
:;c
=!
o
Z
(J)
o
..,.,
()
o
3:
3:
C
Z
-
-I
-<
o
Z
rTJ
(()
(()
I
....
or-
I
0>
0>
.
o
z
w
<.:>
<:
0:::1- -l
0" -l
u...~ >
() 0:::- 0
Wz
01- Z <:
Z(f) 0
<: W
- <:>
criO 55 u...
- w
<: (f) :r: <.:>
()<:
(/)WZ-l
w_ <:-l
zl- 0:::>
o_
N.....J >- -
0- <: ~
WObO
(/) <( '-'
o W
g;lL. ~
-l
0:::>- -l
0... _
I- >
_ u...
Z 0
:::>
~
~
o
o
~~
IH' I
ici
((~
"
?
W
Z
o
C>
C>
C>
-
i
&
~
~
w
z
~
~
. rj "
u"S.t: :;
.!i; ~~ '"
.:~ i! 'e;"~
~~! ~~;"i
lai' ~ .r~~
rl.h;to !~i!
zi~ _10.......
i:lle ~l~:
O:~!! ~a!~
:ilf~
~!l~
raZ~ ~;
::ad
",
!
,
,
~
0
"
w
Ci
z
<{
(/)
u..<{
0- CD
z
~15 I-
z~ CD
::>...J
O<{ :r:
()() x
-u.. W
~o
(/)~
5<{
<{I-
...J(/)
::>
I
()
u..
0
~
(J
(/)
Z
o
I-
0:::
o
0...
~
~ - -
8 ~ ~
... d <
... ~ ...
~ . i
~
I
. I
~ I
I
,
<
.
/y;--~
~
1: l
!
I:;;
. ~
i /;
I
~
~
z
'"
<0
<0
<0
fTl
X
I
aJ
-I
o
~
3
!
<0
. il;-
.~.-
. '1
r.JJ I.~
.p:
~~p~ ~. ~
"iC) ~S'=
;~...~ iii-::!
~aa H2:
~:~l:" ~ CIJ
_""~ '-N
~~~. foil"'"
a~ "l-~
. 0 -
. l 2:
? i.'-~
. >~
f
,
i
I
a
~ ~
~ is!
:: ~
· i
z
..
."
o
"'I
(")
:I:
(f)C
>'>
r;jS
(f)
0>
"'I.
nn
>0
C:C
CJZ
;u:;l
Z
-0
>"'1
(f)
>
Z
Cl
p;;
C)
o
()
o
3:
3:
C
Z
-
n < -f
~ ' -<
,
)>
C) "
fTI 0 }>
O-l()"'O
~)> -'
- -<r)>
_z
:S;~-fz
'z_z
~ () fTI C)
C) :r: (/))>
fTI :=<l
(/) fTI
:::'J"'OO)>
< )> (/)
fTI -
)>~(/).."
zfTI-fo
CJ ;o:=<l
~ ()
~ -f
C)
fTI Z
o 0
z .
fTI
"'0
o
:=<l
--I
o
Z
(/)
o
.."
:E
fTI
(/)
--I
co
CO
I
->.
COUNCIL AGENDA STATEMENT
/'
Item /..!J
Meeting Date 7/13/99
ITEM TITLE:
Public Hearing: Open Space Districts 1-9, 11, 15, 17, 18,20,23,24,26,31,33, and
Eastlake Maintenance District No. I for Fiscal Year 1999-2000.
R I ti. 1r;5:0..JJ,d~' d' < '1" be . . d
eso u on r ermg certam open space an mamtenance laC! !ties to mamtame,
approving modification to the Engineer's Report and levying the assessments for Fiscal
Year 1999/2000 levy ofassessments for City Open Space Districts 1-9, 11, 15, 17, 18,20,
23, 24, 26, 31, 33, "" I>~ i-~ DlliUid No. 1
Director of Public wor~ IF
City ManageO~ ._ ./ (4/Sths Vote: Yes_NoX)
>(~ VI v
SUBMITTED BY:
REVIEWED BY:
In accordance with the City Municipal Code Section 17.07, the City Engineer prepared reports on the spread of
assessments of the open space districts. The reports were accepted and the required public hearings were set by
Council at its meeting of May 18, 1999. The first public hearing was conducted on June 22, 1999. This agenda
statement includes information related to the above districts and general information related to Open Space District
10 and Open Space District 14.
RECOMMENDATION: That Council:
1) Open the hearing, take testimony, close the hearing.
2) Direct staff to tally all protests.
3) Adopt the resolution to approve modifications to the Engineer's Report and levy the assessments
for Fiscal Year 1999/2000.
4) Authorize staff to begin the process of determining assessments for Fiscal Year 2000/2001.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
This agenda statement is the yearly resolution of intention to assess property owners for open space maintenance
within the City. Table I contains the name and location of the districts. Table 2 relates the present year's
assessment to the proposed assessment and collectible for FY 1999/2000. Following Table 2, there is some general
information that applies to all the districts and then each district is analyzed individually. That is followed by a
description of the noticing that is required.
Council should be advised that the following two agenda items contain the same information on Open Space District
No. 10 and Open Space District No. 14 which were separated due to conflict of interest concerns.
The Bay Boulevard and Town Center Open Space Districts were separated due to Proposition 218 issues because
these districts were not formed as the result of a 100% petition from the landowners. It was recommended by the
City's Bond Counsel, Warren Diven, to mail ballots and conduct a public hearing with the property owners in those
/5 -/j
Page 2, Item t7
Meeting Date 7/13/99
two districts in order to validate the formation of the districts. On June 8, 1999, a Resolution ofIntent was adopted
which set a separate public hearing on these districts for July 27, 1999.
Back~round
Pursuant to Article 4, Chapter 1, Part 2 of the Division 15 of the California Streets and Highways Code, also
known as "Landscaping and Lighting Act of 1972" and the City of Chula Vista Municipal Code, Chapter 17.07
-Open Space Districts, the City Engineer has prepared and filed the annual reports for all existing Open Space
Districts in the City. The name and location of each open space district is shown in the following table.
TABLE 1
Ooen Soace Districts Within the City of Chula Vista
Open Space District Name Location
No.
1 EI Rancho del Rey Units 1-4 Between East H Street and Telegraph Canyon Road
east of Paseo Ranchero
2 Lark Haven South and east of Lorna Verde Park
3 Rancho Robinhood Units I & 2 South of Allen School Lane
4 Bonita RiMe Camino Elevado
5 Southbav Villas Northern end of Crest Drive
6 Hilltoo Vista Camino Vista Road
7 Zenith Units 2, 3, and 4 North and south of Palomar, east of 1-805
8 Rancho Robinhood Unit 3 Surrev Drive
9 EI Rancho del Rev Units Paseo del Rev, north of Tele~raoh Canvon Road
11 Hidden Vista Villa~e East H Street, east of 1-805
15 Bonita Haciendas Canvon Drive, east of Otav Lakes Road
17 Bel Air Rid~e Northeast of Paseo Ladera and East J Street
18 Rancho del Sur Easterlv end of East Nanles Street
20 Rancho del Rev North of East H Street, west of Otav Lakes Road
23 Otay Rio Business Park West of Heritage/Otay Valley Road, south of Otay
Rio Road
24 Canvon View Homes Rut~ers A venue, south of East H Street
26 Park Bonita West of the intersection of E Street and Bonita
Road
31 Tele~raoh Canvon Estates North of Otav Lakes Rd, west of "SR 125"
33 Broadway Business Home Village West side of Broadway between J Street and K
Street
/ ~C;-/.J-
I r-
Page 3, Item~
Meeting Date 7/13/99
TABLE 1
Onen Snace Districts Within the City of Chula Vista
ELMD # I Eastlake Maintenance District Along East H Street and Otay Lakes Road, adjacent
to SR125
These reports were prepared by the City Engineer or under his direction and are presented to Council for approval
in order to proceed with the public hearings set for June 22, 1999 at 6:00 p.m. and July 13, 1999 at 6:00 p.m. in
accordance with the Landscaping and Lighting Act of 1972. The reports cover districts listed in Table 1.
Staff proposes for FY 1999/2000 that the assessment be kept within that amount previously approved, increasing
the FY 1998/1999 assessment by an inflation factor. In all cases. staff has set each collectible lower than the
proposed assessment for each district. Per the City's Municipal Code, the inflation factor is the lesser of the
January to January San Diego Metropolitan Area All Urban Consumer Price Index (CPI) or the change in the
estimated California fourth quarter per capita personal income as contained in the Governor's budget published in
January. The CPI is estimated at 3.6% based on the San Diego Metropolitan Area and 4.97% based on the change
in the estimated Califomia fourth quarter per capita personal income. Therefore, staff will use the estimated CPI
figure of 3.6% based on the San Diego Metropolitan Area, which is the lesser of the two figures. Assessment
increases equal to 3.6% (CPI) are not subject to majority protest. Only assessment increases over the CPI are
subject to majority protest. All of the districts were formed as the result of a 100% petition by the land owners
and are exempt from the provisions of Proposition 218.
Assessments & Collectibles
Ordinance 2631 also made the distinction between the assessment and the amount that the City may collect against
the assessment (collectible). The assessments for FY 1999/2000 are proposed at FY 1998/1999 amounts increased
by the inflation factor (CPI) pursuant to Municipal Code Section 17.07.035. The collectibles, on the other hand,
are equal to or less than the proposed assessments based on the budget, reserve requirement, savings and fund
balances, including interest earnings and prior years' savings. Under staff's recommendation, none of the open
space districts are subject to a majority protest on the increase.
The proposed assessments and collectibles for Fiscal Year 1999-2000 are as follows:
TABLE 2
PRIOR FY'S VS. FY 1999/2000 ASSESSMENT/COLLECTIBLE
OSD FY 99/00 Proposed Proposed
FY 97/98 FY98/99 FY98/99 CAP: FY 99/00 FY 99/00 FY 99/00
Assmnt/ Collection/ Assmnt! FY98/99 Assmnt/ Collection! Revenue
EDU EDU EDU Assmt + EDU EDU
CPI(2) .
I $89.61 $40.00 $90.60 $93.86 $93.86 $40.00 $26,472
2 41.58 33.00 42.04 43.55 43.55 33.00 8,217
3 284.61 287.00 287.74 298.10 298.10 286.00 36,322
4 300.61 223.00 303.92 314.86 314.86 223.00 46,830
5 293.15 176.00 296.37 307.04 . 307.04 175.00 21,350
6 144.97 76.00 146.56 151.84 151.84 76.00 12,312
7 101.27 88.00 102.38 106.D7 106.D7 88.00 9,152
8 462.63 366.00 467.72 484.56 484.56 363.00 39 930
/S-'3
Page 4, Item /5
Meeting Date 7/13/99
OSD FY 99/00 Proposed Proposed
FY 97/98 FY98/99 FY98/99 CAP: FY 99100 FY 99/00 FY 99/00
Assmntl Collectionl Assmnt/ FY98/99 Assmntl Collection! Revenue
EDU EDU EDU Assmt + EDU EDU
CPI(2)
9 13 1.11 132.00 132.55 137.32 137.32 132.00 50,688
11 89.54 53.00 90.52 93.78 93.78 53.00 70,015
15 276.13 214.00 279.17 289.22 289.22 213.00 12,141
17 132.18 62.00 133.63 138.44 138.44 42.00 1,932
18 312.33 222.00 315.77 327.13 327.13 221.00 96,135
20 308.95(() - - - - - 913,464
Zone I DB 48.27 0.00 48.80 50.56 50.56 0.00 (3)
Zone 2 RC 3.67 3.71 3.71 3.84 3.84 3.84 (3)
Zone 3 H 5.22 2.80 5.28 5.47 5.47 4.38 (3)
Zone 4 BC 19.45 19.66 19.66 20.37 20.37 20.37 (3)
Zone 5 I 293.30 281.98 296.53 307.20 307.20 307.20 (3)
Zone 6 II 225.36 163.80 227.84 236.04 236.04 163.23 (3)
Zone 7 III 139.11 140.55 140.64 145.70 145.70 145.70 (3)
Zone 8 NDB 32.07 0.00 32.42 33.59 33.59 0.00 (3)
Zone 9 TCC 25.47 13.26 25.75 26.65 26.65 13.23 (3)
23 357.10 112.00 361.03 374.03 374.03 85.00 7,579
24 535.12 375.00 541.01 560.48 560.48 447.00 17,880
26 419.99 229.00 424.61 439.90 439.90 228.00 4,332
31 433.85 108.00 438.62 454.41 454.41 1.00 345
33 1072.22 0.00 1084.01 1123.04 1123.04 0.00 0
ELMD#I(4) - - - - - - $208,757
Zone AEU 9.93 8.48 10.04 10 .40 10 .40 9.07 (')
Zone B ELG 16.24 11.53 16.42 17.01 17.01 12.13 (5)
Zone C OTC 134.52 7.83 136.00 140.90 140.90 6.12 (S)
Zone D SCI 179.41 181.38 181.38 187.91 187.91 175.44 (5)
Zone E TC 25.58 13.56 25.86 26.79 26.79 13.28 (S)
(I) Represented average residential assessment in SPA I.
(2) FY 1999/2000 assessment may be set at or below this cap without being subject to a majority protest.
(3) Revenue for all zones included in overall District 20 amount.
(4) All areas share in the cost of Otay Lakes Road medians and off-site parkways.
(5) Revenue for all zones included in overall ELMD 1 amount.
In general, most budgets have increased due to adjustments in water and contract services. The increase in water
is due to projected rate increases and the increase in contract services is due to a CPI clause on contracts.
Savings from prior years are proposed to be used to supplement the property owners collections to provide the
revenue needed for FY 1999/2000 maintenance while maintaining reserves between 50%-65 % (City Code requires
reserves between 50%-100%). Staff typically does not retain reserves above 65% in consideration of property
owners direction to return as much excess funds as practical. However, where maintaining a 65 % reserve could
result in future steep rate increases, staff recommends maintaining the current rate. For those districts where the
reserve still exceeds 50-65 %, staff recommends using the savings to offset some of the assessments to give lower
collectibles. This practice should help avoid reserves in excess of 100 % in future years, thereby avoiding
/_5/" if
''-
Page 5, Item~
Meeting Date 7/13/99
processing refund checks. Staff generally tries to keep the assessments within the CPI amount allowed by the
Municipal Code each year.
The following summarizes the major changes for each district. Pursuant to the ordinance, staff has made a
distinction between the assessment and collectible amount; the assessment. estimated cost and collection will
become the same number whenever an increase in assessment is necessary. The proposed assessment per EDU
for FY 199912000 represents, in all cases, the prior year's assessment with an inflation factor of 3.6%. The
assessment per EDU is the figure to be mailed to the property owners and the collectible is the amount to be
collected which is affected by reserves, savings, etc. The collectible per EDU reflects impacts of the reserve
requirements, ending fund balances and savings. For a detailed outline, see Attachment A.
CAP: Proposed Proposed
FY97/98 FY98/99 FY98/99 FY98/99 FY99/00 FY99/00 FY99/00
Assmt/ Collectionl Assmt/ Assmt + Assmtl Collection! Revenue
EDU EDU EDU cpr EDU EDU
OSD No.1 $89.61 $40.00 $90.60 $93.86 $93.86 $40.00 $26,472
EI Rancho del Rey
Units 1-4
Staffrecommends that the assessment remain the same as FY98/99 plus a CPI of 3.6% as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $40 per Equivalent Dwelling Unit (EDU),
which is less than the assessment of $93.86. Since the budget per EDU of $75.60 exceeds the collectible amount,
staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of
prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 82 %.
The General Fund will be reimbursed $7.762 for City staff services from the Open Space District Fund for FY
1999/2000.
CAP: Proposed Proposed
FY97/98 FY98/99 FY98/99 FY98/99 FY99/00 FY99/00 FY99100
Assmt/ Collectionl Assmt/ Assmt + Assmtl Collection! Revenue
EDU EDU EDU cpr EDU EDU
OSD No.2 $41.58 $33.00 $42.04 $43.55 $43.55 $33.00 $8,217
Lark Haven
Staff recommends that the assessment remain the same as FY98/99 plus a CPI of 3.6% as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of$33 per EDU, which is less than the assessment
of $43.55. Since the budget per EDU of $44.47 exceeds the collectible amount, staff recommends utilizing the
fund balance to make up the difference. Funds are available to do this because of prior years' savings and by
adjusting the reserve balance. The reserve under this recommendation will be 90%. The General Fund will be
reimbursed $2,144 for City staff services from the Open Space District Fund for FY 1999/2000.
Because the budget exceeds the proposed assessment, Public Works (including Open Space staft) will review the
district's budget and reserve in future years in an attempt to lower the budget and to determine whether there are
additional savings.
------ --
J..!;J ,/-5
Page 6, 1tem-,,--
Meeting Date 7/13/99
CAP: Proposed Proposed
FY97/98 FY98/99 FY98/99 FY98/99 FY99/00 FY99/00 FY99100
Assmt! Collectionl Assmt! Assmt + Assmtl Collectionl Revenue
EDU EDU EDU CPI EDU EDU
OSD No.3 $284.61 $287.00 $287.74 $298.10 $298.10 $286.00 $36,322
Rancho Robinhood
Units 1 & 2
Staff recommends that the assessment remain the same as FY98/99 plus a CPI of3.6% as set forth in the Chula
Vista Municipal Code. Staff recommends a collectible of $286 per EDU, which is less than the assessment of
$298.10. Since the budget per EDU of$313.57 exceeds the collectible amount, staff recommends utilizing the fund
balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting
the reserve balance. The reserve under this recommendation will be 82 %. The General Fund will be reimbursed
$6,290 for City staff services from the Open Space District Fund for FY 1999/2000.
Because the budget exceeds the proposed assessment, Public Works (including Open Space staff) will review the
district's budget and reserve in future years in an attempt to lower the budget and to determine whether there are
additional savings.
CAP: Proposed Proposed
FY97/98 FY98/99 FY98/99 FY98/99 FY99/00 FY99/00 FY99/00
Assmtl Collection! Assmt! Assmt + Assmt! Collection! Revenue
EDU EDU EDU CPI EDU EDU
[OSD No.4 $300.61 $223.00 $303.92 $314.86 $314.86 $223.00 $46,830
Bonita Ridoe
Staff recommends that the assessment remain the same as FY98/99 plus a CPI of 3.6% as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $223 per EDU, which is less than the
assessment of $314.86 per EDU. Since the budget per EDU of $273.12 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 74%. The
General Fund will be reimbursed $8,818 for City staff services from the Open Space District Fund for FY
1999/2000.
CAP: Proposed Proposed
FY97/98 FY98/99 FY98/99 FY98/99 FY99/00 FY99/00 FY99/00
Assmt! Collectionl Assmt! Assmt + Assmt! Collection! Revenue
EDU EDU EDU CPI EDU EDU
IOSD No.5 $293.15 $176.00 $296.37 $307.04 $307.04 $175.00 $21,350
Southbav Villas
Staff recommends that the assessment remain the same as FY98/99 plus a CPI of 3.6% as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $175 per EDU, which is less than the
assessment of $307.04 per EDU. Since the budget per EDU of $253.78 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 84%. The
General Fund will be reimbursed $5,012 for City staff services from the Open Space District Fund for FY
1999/2000.
/5 r-I,
J."''''''
Page 7, Item /-:)
Meeting Date 7/13/99
CAP: Proposed Proposed
FY97/98 FY98/99 FY98/99 FY98/99 FY99/00 FY99/00 FY99/00
Assmtl Collectionl Assmtl Assmt + Assmtl Collectionl Revenue
EDU EDU EDU CPl EDU EDU
I?SD No.6 $144.97 $76.00 $146.56 $151.84 $151.84 $76.00 $12,312
Hilltoo Vista
Staff recommends that the assessment remain the same as FY98/99 plus a cpr of 3.6% as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $76 per EDU, which is less than the assessment
of $151.84 per EDU. Since the budget per EDU of $95.43 exceeds the collectible amount, staff recommends
utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings
and by adjusting the reserve balance. The reserve under this recommendation will be 94 %. The General Fund
will be reimbursed $2,777 for City staff services from the Open Space District Fund for FY 1999/2000.
CAP: Proposed Proposed
FY97/98 FY98/99 FY98/99 FY98/99 FY99100 FY99/00 FY99/00
Assmtl Collectionl Assmtl Assmt + Assmtl Collectionl Revenue
EDU EDU EDU CPI EDU EDU
I~SD No.7 - Zenith $101.27 $88.00 $102.38 $106.07 $106.07 $88.00 $9,152
Units 2, 3, & 4
Staff recommends that the assessment remain the same as FY98/99 plus a CPI of 3.6% as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $88 per ED U, which is less than the assessment
of $106.07 per EDU. Since the budget per EDU of $100.49 exceeds the collectible amount, staff recommends
utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings
and by adjusting the reserve balance. The reserve under this recommendation will be 86%. The General Fund
will be reimbursed $2,055 for City staff services from the Open Space District Fund for FY 1999/2000.
CAP: Proposed Proposed
FY97/98 FY98/99 FY98/99 FY98/99 FY99/00 FY99/00 FY99/00
Assmtl Collection! Assmtl Assmt + Assmtl Collectionl Revenue
EDU EDU EDU CPI EDU EDU
OSD No.8 $462.63 $366.00 $467.72 $484.56 $484.56 $363.00 $39,930
Rancho Robinhood
Unit 3
Staff recommends that the assessment remain the same as FY98/99 plus a CPI of 3.6% as set forth in the Chula
Vista Municipal Code. Staff recommends a collectible of $363 per EDU, which is less than the assessment of
$484.56 per EDU. Since the budget per EDU of $400.00 exceeds the collectible amount, staff recommends
utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings
and by adjusting the reserve balance. The reserve under this recommendation will be 72 %. The General Fund
will be reimbursed $6,892 for City staff services from the Open Space District Fund for FY 1999/2000.
/--~- ;;
Page 8, Item_
Meeting Date 7/13/99
CAP: Proposed Proposed
FY97/98 FY98/99 FY98/99 FY98/99 FY99/00 FY99/00 FY99100
Assmtl Collectionl Assmt! Assmt + Assmtl Collectionl Revenue
EDU EDU EDU CPI EDU EDU
OSD No.9 $131.11 $132.00 $132.55 $137.32 $137.32 $132.00 $50,688
EI Rancho del Rey
Units
Staff recommends that the assessment remain the same as FY98/99 plus a CPI of 3.6% as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $132 per EDU, which is less than the
assessment of $137.32 per EDU. Since the budget per EDU of $153.08 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 81 %. The
General Fund will be reimbursed $9,024 for City staff services from the Open Space District Fund for FY
1999/2000.
Because the budget exceeds the proposed assessment, Public Works (including Open Space staff) will review the
district's budget and reserve in future years in an attempt to lower the budget and to determine whether there are
additional savings.
CAP: Proposed Proposed
FY97/98 FY98/99 FY98/99 FY98/99 FY99/00 FY99/00 FY99/00
Assmtl Collection! Assmtl Assmt + Assmt! Collectionl Revenue
EDU EDU EDU CPI EDU EDU
I~SD No. 11 $89.54 $53.00 $90.52 $93.78 $93.78 $53.00 $70,015
Hidden Vista Vil1a~e
Staff recommends that the assessment remain the same as FY98/99 plus a CPI of 3.6% as set forth in the Chula
Vista Municipal Code. Staff recommends a collectible of $53 per EDU, which is less than the assessment of
$93.78 per EDU. Since the budget per EDU of $87.61 exceeds the collectible amount, staff recommends utilizing
the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by
adjusting the reserve balance. The reserve under this recommendation will be 98 %. The General Fund will be
reimbursed $17,237 for City staff services from the Open Space District Fund for FY 1999/2000.
CAP: Proposed Proposed
FY97/98 FY98/99 FY98/99 FY98/99 FY99/00 FY99/00 FY99/00
Assmtl Collection! Assmtl Assmt + Assmt! Collectionl Revenue
EDU EDU EDU CPI EDU EDU
I~SD No. 15 $276.13 $214.00 $279.17 $289.22 $289.22 $213.00 $12,141
Bonita Haciendas
Staff recommends that the assessment remain the same as FY98/99 plus a CPI of 3.6% as set forth in the Chula
Vista Municipal Code. Staff recommends a collectible of $213 per EDU, which is less than the assessment of
$289.22 per EDU. Since the budget per EDU of $277.05 exceeds the collectible amount, staff recommends
utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings
and by adjusting the reserve balance. The reserve under this recommendation will be 82 %. The General Fund
will be reimbursed $2,825 for City staff services from the Open Space District Fund for FY 1999/2000.
/ c;- /'~
;......-
Page 9, Item~
Meeting Date 7/13/99
CAP: Proposed Proposed
FY97/98 FY98/99 FY98/99 FY98/99 FY99100 FY99/00 FY99/00
Assmt! Collectionl Assmt! Assmt + Assmt! Collection! Revenue
EDU EDU EDU CPI EDU EDU
10SD No. 17 $132.18 $62.00 $133.63 $138.44 $138.44 $42.00 $1,932
Bel Air Ridge
Staff recommends that the assessment remain the same as FY98/99 plus a CPI of 3.6% as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $42 per EDU, which is less than the assessment
of $138.44 per EDU. Since the budget per EDU of $114.78 exceeds the collectible amount, staff recommends
utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings
and by adjusting the reserve balance. The reserve under this recommendation will be 100%. The General Fund
will be reimbursed $2,336 for City staff services from the Open Space District Fund for FY 1999/2000.
CAP: Proposed Proposed
FY97/98 FY98/99 FY98/99 FY98/99 FY99/00 FY99/00 FY99/00
Assmt! Collectionl Assmt! Assmt + Assmt! Collection! Revenue
EDU EDU EDU CPI EDU EDU
I~SD No. 18 $312.33 $222.00 $315.77 $327.13 $327.13 $221.00 $96,135
Rancho del Sur
Staffrecommends that the assessment remain the same as FY98/99 plus a cpr of 3.6% as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $221 per EDU, which is less than the
assessment of $327.13 per EDU. Since the budget per EDU of $255.08 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 90%. The
General Fund will be reimbursed $16,547 for City staff services from the Open Space District Fund for FY
1999/2000.
CAP: Proposed Proposed
OSD No. 20 FY97/98 FY98/99 FY98/99 FY98/99 FY99/00 FY99100 FY99100
Rancho del Rey Assmnt!EDU Collection! Assmntl Assmt + Assmnt!EDU Collection! Revenue
EDU EDU CPI EDU
Zone I - Desilt 48.27 0.00 48.80 50.56 50.56 0.00 0.00
Basin
Zone 2 - Rice 3.67 3.71 3.71 3.84 3.84 3.84 $15,305
Canvon
Zone3-HSt. 5.22 2.80 5.28 5.47 5.47 4.38 $27,134
Zone 4 - Business 19.45 19.66 19.66 20.37 20.37 20.37 $53,882
Centre
Zone 5 - SPA I 293.30 281.98 296.53 307.20 307.20 307.20 $551,427
Zone 6 - SPA II 225.36 163.80 227.84 236.04 236.04 163.23 $93,563
Zone 7 - SPA III 139.11 140.55 140.64 145.70 145.70 145.70 $171,458
Zone 8 - North 32.07 0.00 32.42 33.59 33.59 0.00 0
Desilting Basin
/J;---- /
. ..,~,.
Page 10, Item~
Meeting Date 7/13/99
CAP: Proposed Proposed
OSD No. 20 FY97/98 FY98/99 FY98/99 FY98/99 FY99/00 FY99/00 FY99/00
Rancho del Rey Assmnt/EDU Collectionl Assmnt/ Assmt + Assmnt/EDU Collectionl Revenue
EDU EDU CPI EDU
Zone 9 - Telegraph 25.47 13.26 25.75 26.65 26.65 13.23 $694
Rancho del Rey is a phased development of three Sectional Planning Areas (SPA). SPA 1 is almost completely
developed, SPA II and SPA III homes are under construction. The OSD was established in 1989 encompassing
all three areas with the understanding that the open space improvements would be constructed in phases. Because
this is a large district and not all of the items to be maintained have a benefit to the entire district, OSD 20 is made
up of several zones as indicated above. Every property within the district is in more than one zone.
TABLE 3
Typical Combined Assessment (FY99/oo)
SPA I (Zones 1 or 8, 2, 3, & 5) $334
SPA II (Zones 1 or 8, 2, 3, & 6) $296
SPA III (Zones 1 or 9, 3, & 7) $162
Business Centre (Zones 1, 2, 3, & 4) *
* Industrial (per acre) $921
* Commercial (per acre) $1,158
Due to the various zones within OSD 20, a map showing the proposed typical assessments by area has been
attached.
Staff recommends that the assessments remain the same for each zone as FY98/99 plus a CPI of 3.6% as set forth
in the Chula Vista Municipal Code. In each of these zones, staff recommends a collectible which is equal to or
below the proposed assessment. The reserves for each zone vary depending upon the budgets, reserves and
amortized costs (see budget worksheet). The reserve requirement for this district is acceptable, pursuant to City
Municipal Code. The General Fund will be reimbursed $139,272 for City staff services from the Open Space
District Fund for FY 1999/2000.
CAP: Proposed Proposed
FY97/98 FY98/99 FY98/99 FY98/99 FY99/oo FY99/00 FY99/oo
Assmtl Collection! Assmtl Assmt + Assmtl Collectionl Revenue
EDU EDU EDU CP1 EDU EDU
IOSD No. 23 - Otay $357.10 $112.00 $361.03 $374.03 $374.03 $85.00 $7,579
Rio Business Park
Staffrecommends that the assessment remain the same as FY98/99 plus a CPI of 3.6% as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $85 per EDU, which is less than the assessment
of $374.03 per EDU. Since the budget per EDU of $142.41 exceeds the collectible amount, staff recommends
utilizing the fund balance to make up the difference. Funds are available to because of prior years' savings and
by adjusting the reserve balance. The reserve under this recommendation will be 100%. The General Fund will
be reimbursed $2,379 for City staff services from the Open Space District Fund for FY 1999/2000.
/S-~/t/
Page 11, Item--,--
Meeting Date 7/13/99
CAP: Proposed Proposed
FY97/98 FY98/99 FY98/99 FY98/99 FY99/00 FY99/00 FY99/00
Assmt! Collection! Assmtl Assmt + Assmt! Collection! Revenue
EDU EDU EDU CPI EDU EDU
OSD No. 24 $535.12 $375.00 $541.01 $560.48 $560.48 $447.00 $17,880
Canvon View Homes
Note: OSD 24 consists of only 40 townhomes sharing in the cost of large, landscaped slopes adjacent to the
townhomes.
Staffrecommends that the assessment remain the same as FY98/99 plus a CPI of 3.6% as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $447 per EDU, which is less than the
assessment of $560.48 per EDU. Since the budget per EDU of $502.63 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 85%. The
General Fund will be reimbursed $3,447 for City staff services from the Open Space District Fund for FY
199912000.
CAP: Proposed Proposed
FY97/98 FY98/99 FY98/99 FY98/99 FY99/00 FY99/00 FY99/00
Assmt! Collection! Assmtl Assmt + Assmtl Collectionl Revenue
EDU EDU EDU CPI EDU EDU
I~SD No. 26 $419.99 $229.00 $424.61 $439.90 $439.90 $228.00 $4,332
Park Bonita
Staff recommends that the assessment remain the same as FY98/99 plus a CPI of 3.6% as set forth in the Chula
Vista Municipal Code. However. staff recommends a collectible of $228 per EDU, which is less than the
assessment of $439.90 per EDU. Since the budget per EDU of $339.95 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 100%. The
General Fund will be reimbursed $1,479 for City staff services from the Open Space District Fund for FY
1999/2000.
CAP: Proposed Proposed
FY97/98 FY98/99 FY98/99 FY98/99 FY99/00 FY99/00 FY99/00
Assmt! Collection! Assmtl Assmt + Assmt! Collection! Revenue
EDU EDU EDU CPI EDU EDU
OSD No. 31 $433.85 $108.00 $438.62 $454.41 $454.41 $1.00 $345
Telegraph Canyon
Estates
Staff recommends that the assessment remain the same as FY98/99 plus a CPI of 3.6% as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $1 per EDU, which is less than the assessment
of $454.41 per EDU. Since the budget per EDU of $280.74 exceeds the collectible amount, staff recommends
utilizing the fund balance to make up the difference. Funds are available because of prior years' savings and by
adjusting the reserve balance. The reserve under this recommendation will be 100%. The General Fund will be
reimbursed $14,514 for City staff services from the Open Space District Fund for FY 1999/2000.
/S,/ /
t~
Page 12, Item~
Meeting Date 7/13/99
There have been excess funds available in this district because staff anticipated that the turnover of improvements
would occur in FY94/95. Therefore, staff began collecting the assessment with the belief that the City would begin
maintenance that fiscal year. However, turnover of improvements did not occur (except the medians). because
The Baldwin Company, the original owner, did not complete the improvements prior to going bankrupt. This left
excess funds in the district and no revenue was collected FY95/96. For FY96/97. staff anticipated that the turnover
of improvements would occur that fiscal year and, therefore, collected $271 per EDU. Since turnover of
improvements did not occur because a guest builder did not develop the property as anticipated, only $1 per EDU
was collected in FY97/98. For FY98/99, it was anticipated that the tumover of improvements would occur in July
of 1998 and therefore $108 per EDU was collected. However, only a portion of the improvements were turned
over to the City, which has left excess funds. Although it is anticipated that the turnover of additional
improvements will occur next fiscal year, staff recommends collecting only $1 per EDU for FYI999/2000. Funds
are available to do this because of prior years' excess funds.
CAP: Proposed Proposed
FY97/98 FY98/99 FY98/99 FY98/99 FY99/00 FY99/00 FY99100
Assmtl Collection! Assmtl Assmt + Assmtl Collectionl Revenue
EDU EDU EDU CPI EDU EDU
OSD No. 33 $1,072.22 $0.00 $1,084.01 $1,123.04 $1,123.04 $0.00 $0
Broadway Business
Home Vil1a~e
No funds collected since inceotion.
Staffrecommends that the assessment remain the same as FY98/99 plus a CPI of 3.6% as set forth in the Chula
Vista Municipal Code. The budget per EDU is $0.00, therefore, staff recommends a collectible of $0.00 per EDU.
The reserve under this recommendation will be 0%, since no construction is anticipated to be completed during
FY I 999/2000.
Community Development has requested, since FY96/97, that no funds be collected because no construction has
been done on this project. However, staff may recommend collecting revenue for FY 200012001 because funds
will be needed to do required open space maintenance if construction is completed that fiscal year.
FY 99100 Proposed Proposed
Eastlake FY97/98 FY 98/99 FY98/99 CAP: FY 99100 FY 99/00 FY 99/00
Maintenance Assmt! Collectionl Assmtl FY 98/99 Assmt! Collection! Revenue
District No. 1 EDU EDU EDU Assmt + EDU EDU
CPI
ELMD #1(1) - - - - - - $28,097
Otav Lakes Road
Zone A - 9.93 8.48 10.04 10.40 10.40 9.07 $69,036
Eastlake 1
Zone B - Eastlake 16.24 11.53 16.42 17.01 17.01 12.13 $34,022
Greens
Zone C - Olympic 134.52 7.83 136.00 140.90 140.90 6.12 $2,035
Trainin~ Center
/5 '/./.,
Page 13, Item }?
Meeting Date 7/13/99
Zone D - Salt 179.41 181.38 181.38 187.91 187.91 175.44 $70,439
Creek I
Zone E - 25.58 13.56 25.86 26.79 26.79 13.28 $5,128
Telegraph Canyon
Channe1(2)
0) All areas share in the cost of Otay Lakes Road medians and off-site parkways.
(2) Portions of Eastlake I BC and Eastlake Greens are in benefit area.
Costs vary by parcel due to the various zones, land uses and attributed traffic generation factors within ELMD 1.
A map showing the proposed typical assessments by area has been attached. On this map, the Eastlake Business
Center parcels' assessment is shown at $352.37 per acre.
Staff recommends that the assessments for each of the areas remain the same as FY 98/99 plus a CPI of 3.6 % as
set forth in the Chula Vista Municipal Code. Staff recommends an annual collectible, as shown in Table I, which
is below the assessment amount. The reserve for each zone is at 65% or above.
Olympic Trainine- Center
On December 17, 1996, City Council, by Resolution 18528, approved an agreement to allow the ARCO Olympic
Training Center to continue maintenance of the Wueste Road landscape improvements. Incorporated in the
agreement are safeguards to ensure the maintenance is performed to City standards. There are indemnity
provisions for both parties for the use of the paths along Wueste Road.
However, OTC turned over to the City the maintenance of a median on East Orange Avenue. Staff recommends
setting the collectible at $6.12 per EDU to cover the maintenance cost. Public Works' staff (Open Space) has
indicated that OTC will continue maintenance of the Wueste Road landscape improvements until the Eastlake
Trails' property has been developed. After this occurs, OTC will turn over all the maintenance to the City as the
property owners within Eastlake Trails will share in the maintenance cost. Presently, OTC is maintaining Wueste
Road slopes with the services of the landscape maintenance firm performing maintenance services within the
Training Center. This contractor is performing this service at a price lower than a typical City solicited price.
Landscape maintenance firms sometimes subsidize the maintenance of high visibility. high publicity areas to take
advantage of publicity opportunities such sites can provide. The proposed assessment was developed on the basis
of the City maintaining all of the Wueste Road landscape improvements. Until the City takes over maintenance,
there will continue to be a large difference between the collectible and the proposed assessment.
Notice
The public hearings were noticed pursuant to Government Code 6063 which requires that notice be published at
least once a week for three weeks and at least 10 days before the second public hearing. Staff mailed notices of
the hearings to all open space districts. The notice informed each resident of his/her district, the current year
assessment, the CPI adjustment and the proposed assessment for FY 1999/2000.
The Public Works (Open Space staft) has conducted information meetings for all property owners within each
district in March. At the meeting, staff explained the proposed budget to interested owners (approximately 12,000
properties received notice).
Plans, specifications, and assessment roll are on file in the Public Works/Engineering office.
/~//3
j".,~
,y-".,
Page 13, Item~
Meeting Date 7/13/99
The Public Works (Open Space staff) has conducted information meetings for all property owners within each district
in March. At the meeting, staff explained the proposed budget to interested owners (approximately 12,000 properties
received notice).
Plans, specifications, and assessment roll are on file in the Public W orkslEngineering office.
OSD PROTESTS
The following is a summary of protests received for the City's Open Space Districts:
For OSD 1:
1 letter regarding maintenance by John Strasner.
For OSD 2-9, 11, 15, 17, 18,23,24,26,31,33, and Eastlake Maintenance District No.1:
No letters of protest received.
For OSD 20:
I letter protesting assessment increase by Mr. Alfredo Enriquez.
I letter protesting assessment increase by Mrs. Velma Scotto.
FISCAL IMPACT:
Staff costs associated with the open space program are generated by Public Works (including Open Space staff), Data
Processing and Finance. Contractual costs ($809,859) are outlined in Attachment A. These costs are recovered
through the Open Space District collectible, causing no net fiscal impact. The total General Fund reimbursement
for City staff services from the above listed Open Space District Funds for FY 1999/2000 is estimated to be
$285,517.
Attachments:
A Cost Summary
B District Maps
C OSD 20 Assessment Map
D ELMD I Assessment Map
E Letters of Protest
H:\HOME\ENGINEER\AGENDA\OSRI99pl.BOB
06/211999:38am
/S-')f'
RESOLUTION NO.
/9 -5J.s--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING CERTAIN OPEN SPACE AND
MAINTENANCE FACILITIES TO BE MAINTAINED,
APPROVING MODIFICATION TO THE ENGINEER'S
REPORT, AND LEVYING THE ASSESSMENTS FOR FISCAL
YEAR 1999/2000 FOR OPEN SPACE MAINTENANCE
DISTRICTS 1-9, 11, 15, 17, 18, 20, 23, 24, 26,
31, 33, AND EASTLAKE MAINTENANCE DISTRICT NO.
1
WHEREAS, prior to the adoption of this resolution, the City
Council has caused the formation of various districts under and
pursuant to either the Chula Vista Open Space District Procedural
Ordinance ("Procedural Ordinance"), as contained in Chapter 17.07
(adopting in substantial part the 1972 Lighting and Landscaping Act
("Act") as contained in Streets and Highways Code Section 22500, et
seq., or pursuant to the Act itself designated as follows:
1. Open Space District Nos. 1-9, 11, 15, 17, 18, 20, 23, 24, 26,
31 and 33.
2. Eastlake Maintenance District NO.1.
WHEREAS, the districts are exempt from the provisions of
Proposition 218 because 1) the assessments were raised by an amount
equal to or below the CPI; 2) the districts were either formed at
the request of 100% of the land owners; or 3) the improvements are
within the street right-of-way; and,
WHEREAS, in accordance with the Procedural Ordinance, the City
Engineer has prepared a report on the spread of assessments for
said Open Space and Maintenance Districts ("Engineer's Report");
and,
WHEREAS, on May 21, 1999, the City Council approved the
Engineer's Reports and set June 22 and July 13, 1999 as the dates
for the public hearings; and,
WHEREAS, the proposed individual assessments for Fiscal Year
1999-00 as they compare to the last year are shown below:
1
/S'//~
PRIOR FY'S VS. FY 1999/2000 ASSESSMENT/COLLECTIBLE
aSD FY 99/00 Proposed Proposed
FY 97/98 FY98/99 FY98/99 CAP: FY 99100 FY 99100 FY 99100
Assmnti Collectionl Assmnti FY98/99 Assmnti Collectionl Revenue
EDU EDU EDU Assmt + EDU EDU
CPI(2)
1 $89.61 $40.00 $90.60 $93.86 $93.86 $40.00 $26,472
2 41.58 33.00 42.04 43.55 43.55 33.00 8,217
3 284.61 287.00 287.74 298.10 298.10 286.00 36,322
4 300.61 223.00 303.92 314.86 314.86 223.00 46,830
5 293.15 176.00 296.37 307.04 307.04 175.00 21,350
6 144.97 76.00 146.56 151.84 151.84 76.00 12,312
7 101.27 88.00 102.38 106.07 106.D7 88.00 9,152
8 462.63 366.00 467.72 484.56 484.56 363.00 39,930
9 131.11 132.00 132.55 137.32 137.32 132.00 50,688
11 89.54 53.00 90.52 93.78 93.78 53.00 70,015
15 276.13 214.00 279.17 289.22 289.22 213.00 12,141
17 132.18 62.00 133.63 138.44 138.44 42.00 1,932
18 312.33 222.00 315.77 327.13 327.13 221.00 96,135
20 308.95'{) - - - - - 913,464
Zone 1 DB 48.27 0.00 48.80 50.56 50.56 0.00 (3)
Zone 2 RC 3.67 3.71 3.71 3.84 3.84 3.84 (3)
Zone 3 H 5.22 2.80 5.28 5.47 5.47 4.38 (3)
Zone 4 BC 19.45 19.66 19.66 20.37 20.37 20.37 (3)
Zone 5 I 293.30 281.98 296.53 307.20 307.20 307.20 (3)
Zone 6 " 225.36 163.80 227.84 236.04 236.04 163.23 (3)
Zone 7 III 139.11 140.55 140.64 145.70 145.70 145.70 (3)
Zone 8 NDB 32.07 0.00 32.42 33.59 33.59 0.00 (3)
Zone 9 TCC 25.47 13.26 25.75 26.65 26.65 13.23 (3)
23 357.10 112.00 361.03 374.03 374.03 85.00 7,579
24 535.12 375.00 541.01 560.48 560.48 447.00 17 ,880
26 419.99 229.00 424.61 439.90 439.90 228.00 4,332
31 433.85 108.00 438.62 454.41 454.41 1.00 345
33 1072.22 0.00 1084.01 1123.04 1123.04 0.00 0
ELMD #1(4) - - - - - - $208,757
Zone AELI 9.93 8.48 10.04 10.40 10.40 9.07 (5)
Zone B ELG 16.24 11.53 16.42 17.01 17.01 12.13 (5)
Zone C aTC 134.52 7.83 136.00 140.90 140.90 6.12 (5)
Zone D SCI 179.41 181.38 181.38 187.91 187.91 175.44 (5)
Zone E TC 25.58 13.56 25.86 26.79 26.79 13.28 (5)
2
/5-//
OSD FY 99/00 Proposed Proposed
FY 97/98 FY98/99 FY98/99 CAP: FY 99/00 FY 99/00 FY 99/00
Assmntl Collectionl Assmntl FY98/99 Assmntl Collectionl Revenue
EDU EDU EDU Assmt + EDU EDU
CPI(2)
(I) Represented average residential assessment in SPA I.
(2) FY 1999/2000 assessment may be set at or below this cap without being subject to a majority protest.
(3) Revenue for all zones included in overall District 20 amount.
(4) All areas share in the cost of Otay Lakes Road medians and off-site parkways.
(5) Revenue for all zones included in overall ELMD I amount.
NOW, THEREFORE, BE IT RESOLVED as to all Open Space and
Maintenance Districts herein referenced that the City Council of
the City of Chula Vista does hereby find that written protests
against the proposed assessment adjustment has not been made by
owners representing more than one-half of the area of the land to
be assessed from the improvement and confirms the diagram and
assessment contained in the modified Engineer's Report, and orders
the open space and maintenance facilities to be maintained. The
adoption of this resolution shall constitute the levy of the
assessments as proposed in the modified Engineer's Report for the
1999-00 fiscal year and set forth hereinabove for Open Space
Districts 1-9, 11, 15, 17, 18, 20, 23, 24, 26, 31, 33, and Eastlake
Maintenance District NO.1.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
CL~~
John M. Kaheny
City Attorney
H:\home\lorraine\rS\OSLevy.all
3
/~//?
...
z
w
::.
J:
l.l
<(
~
g
o
N
a,
~
~
>-
u.
'"
...
'"
o
l.l
w
U
~
Z
W
...
z
<1
::.
u.
o
w
!;(
::.
i=
'"
J},'
M
6
z
G'"
ii:m
...~
"'oi>
c",
w'"
~-
a.
'"
ZO
wO
o.~
od>
'"
'"
-
N
6
Z'"
...'"
u'"
ocd:J
to'"
o~
W
~
0.0
",0
z~
~ci>
081
-
6
z'"
...'"
u~
crcb
to'"
c~
w
~
0.0
",0
z~
~d>
081
-
'"
'"
'"
,
....
'"
'"
'"
'"
'"
..:.
'"
'"
'"
'"
'"
~
..:.
'"
'"
-
ro
'"
8.
'"
is
'" 00
1l <=
.:;: .12
" 13
(/) .!!!
(ij "0
~~~
m_!!:!
Q.:::ll-
o
~
a;
~
888
MOci
",ON
.........
N lti
888
0"":0
"'00
"'N'"
<D
8
o
"'
'"
...
888888
:;jg~18~g
"lit...,.M....NCO
N uS"':
~ ~
8
.,;
M
....
...
888888
cic:ioc-J"":ci
LOOQ)...,.OO
M"CtNONCO
ri WcD
- -
o
o
M
M
..
000000
000000
Mori"':"":ci
LOvtO....MCO
o O>LOMM
N _-it)
o 000000
o oooaoo
c.-) MOLr.io"":ci
.... LOvLO,...(")CO
..- 0 OM to) C"')
CA N Nr.r)
o
o
.,;
'"
-
0-.00000
NoeDOO
\rl . . . . .
_~O"CtCO""O
~"Ct..,."<t(",)CO
....."'ltCf)M
NLD
88gggggg
aiciaic::iu:i"";cici
NOCO(OC"')cPCO"Ct
lO"CtC")C")co"Q"m0
"'~ai aiui ~
_ N
000
000
~g~
......M
"'''':ci
-
00000
00000
ci~tricici
~a1~~~
,..:cti
000
ooq
cioo
"'0'"
"'.......
.......:0
N
00000
00000
ONC>oci
(ocPtOcov
M~,..:O>~
~
'"
'C
C, 1:5
1f 2
2 u;
u; g l:: CI)
c) Ul:!20Q)
"0 lD .0 :;:; .5:2 en
::a~m:a.cB~ :!
c.~ (.) c....ffi l;: Q) --
"ffi c:- ~ E:eCl)~"8
EQ)i::CJ) m-.g!E
(/)" 00"'_
o (/)8.- cQ)E~
-"'-rl.!!l~.QE8'u;
...8.!!!~<f.I~l;:~.s;!....:e
CD-s;CI)"="O(ll..:ll:$c.Cl)Q)
-1;.......1:::1:;-000..<=>
~ CD ;;::"0 C'tl ttI m....:J - "0
>ClJUU-l:EaJD..UJO<
8
~
,.:
M
...
8~~88
",. 8 co
N~ OQ<D
N ....
- "'.
N NN
~ ~~
8
...
;;;
<xi
M
...
o~o
q~C!
"'0
o
'"
;;;
M
ri
N
...
88
g.,;
"'....
....
;Ga5
~M
...
8
;t
'"
a;
M
...
0"'80800
o .00
cO ,O.c..
U)N "'('1')
(000 -:'M
. "'.
N MCO
~ ...,~
o
o
...:
....
...
o
..
~~~
OM
",,,,
<D
...
o
o
<xi
o
...
ci
..
o 8~0
o ~
Lr.i ,0
",'"
....'"
<D
...
00
~o
8 <xi
"'....
.'"
'" -
~'"
...
00
00
OM
8....
~;.
...
o
o
M
....
q
~
..
0~800
025 .00
to .000"";
COO 1""10
OJ 0'1 ~N
oi ~cO
... ~...
o
o
.,;
'"
'"
,,;
"'
...
o "'gogcc
c .00
,..: .ogN
~~ ~~
M ~c6
~ Y.t~
o
o
<xi
'"
N
<xi
...
...
~~~
","';
"'.'"
M
...
o
~
OJ
o
o
'"
...
8~f:1
trice
N....
q'"
;;:
...
o
o
w
o
z
<
z
W
I-
Z
;;:
::;;
o
W
I-
<
::;;
;::
(/)
w
'E
'"
E '"
~ 2:
.5 C G)
C'u'"
~ ~ ~
G)c..~
2: II).Q
G)~~
m ~:g
"''''<
00
~o
8";
"1~
:;:c6
~N
...
00
00
N...
NM
"l",
::g;c6
~~
I-
Z
uw
g::;;
m(/)
;;;(/)
OlW
",(/)
C(/)
.z<
~I-
~w
jz
/
8
...:
N
-
~~
.,;-
'"
N
...
o
o
...:
N
~
O~
NN
...:~
'"
N
...
8
...:
N
-
"'~
~9
'"
N
...
o
o
0;
...
N
",,,,
"'9
...
M
...
o
o
en
..,.
N
N'"
a:lU;>
N
M
...
o
o
0;
~
...~
"'0
N
M
...
'"
"
;;;
co
~~
~9
'"
...
'"
"
;;;
co
"''''
~~
M
...
'"
"
0;
'"
CD'#.
o ~
o
...
...
(/)
:,
o
w
:::l '"
00>
W <=
4l.2!
;gO
u"E:
~8
o i;;
OQ.
"'N
"'-
N'"
... -
N
M
...
....'"
"'...
N...
... .
'"
M
...
"'N
"'N
NM
... -
'"
M
...
...'"
"''''
......
<D
...
"'....
"'~
...N
,,;
...
"'....
"'-
"'N
<xi
...
"'...
"'-
...'"
<D
'"
...
ON
.......
......
<D
N
...
ON
~~
<D
N
...
'"
"
'"
,.,
o
.~
E
o
"=
'E
'"
E
,.,
'"
- 0.
g~
0<=
'C'"
<= >
'" '"
ili E
, 0
",,,=
;e~
05i
~>
0'"
0'"
... '"
~,...~
''It",..:.....
00",,,,
~~~
"OU")~
r---.....o..
~cci..t
~~g
......
o
,...?ft.
"'M
M
-
M
...
0;
'"
N
..
00 ... '"
'000
-NN
.....,....
~......
""lJ")0#
OIJ')OO.....
NM~'
~......
........
V) ,...?f!.
'" ..,.'"
~ ~
... ...
.. ...
-0...
"'CO_
aicioi
00",,,,
~......
0(0"",#
...000 C>> co
gg~~
~......
~
'"
...;
'"
..
0'"
"'~
.,;
....
...
'"
&,
M
ii:
o
:;
.~ ~
cc:::)~
Cl)cuC.c
E E w"
u)u)~c
U):g~Q)
~ In "0 e
:2:2asE
-1f)~
'J
0;
'"
2:-
'"
::>
<=
'"
...,
i5
'"
'"
'"
'"
,.,
'5
...,
.2
"
"
<=
ro
ro
.0
'C
<=
.2
'C
"
1ij
.5
;;;
W
~
!1'
M
'"
::.
'"
"
"
,.,
.Q
0.
E
o
"=
'"
.
.,;
~
o
~
~
"
ro
0-
~
o
1l.
't
m
m
C
'"
o
W
0;
E
o
:;
:c
;;;
'"
(5
C:.
"
....
Z
W
"
I
~
o
o
l'O
'"
~
~
>-
...
'"
....
'"
o
u
W
U
Z
"
Z
W
....
Z
;;:
"
...
o
W
....
~
>=
'"
W
'"
'"
'"
~
"-
'"
w~
o
Z
....
U
"''''
....'"
"'~
is,,,
W '"
U'"
,,~
a.
'"
Zo
Wo
0.0
ON
a,
'"
'"
-
~
0",
Z'"
....'"
u
a:r:h
....'"
"''''
is
W
u
"0
0.0
"'0
ZN
~cn
08l
~
'"
'"
'"
"-
CO
CO
..~
o
Z
0'"
a:~
....~
"'",
5",
w'"
~~
a.
'"
tij8
0.0
0')'
'"
'"
'"
~
'"
'"
'"
~
'"
'"
-
0;
"'
8.
"'
is
"' ..
1] "
.~ .2
" 13
en ~
tti "5
~~~
Q) - ~
a.:::>f-
o
o
o
o
N
'"
gg8~
~~~M
..........I/)t--
It'i NlO
88
..:g
;:;~
o
o
g
N
'"
888888
ciciM~''''':ci
vN. ...-CO
..........,.... tf),...
ui N"u)
o
o
.,;
~
N
'"
8888
si~~g
v....,....,....
ui N uf
88
"":0
c;;~
o
o
o
'"
;;;
0000
0000
~~ct~
N....."'ltCO
05 arioi
88
"':0
11;:5
o
o
o
'"
;;;
g~gggg
ooC\i......;r-.:ci
NNr--C")vO
N.....COCOcnCO
05 ~ri
~
o
o
o
N
'"
888888
ON"":r--g
co~o~~co
0) .0"';
~
8
.,;
'"
co
'"
888888
gciNf"irr:ici
M~g~~~
N oia6~
- '"
o
o
o
'"
N.
;;;
00
00
cic:i
"'0
"''''
N
-
8888
ci~Mci
0.....00
C)1t)....CO
05o~
'"
o
o
o
o
....
;;;
000000
~ooooo
gg~~aci
l.OCOCOO"-&:
~ 05~"":
"'
'E
~
13
2
u;
c;
ii~fI)
.5'~ .~
~ Q) ~
o "'en
-"'-
".!!Io
~.2 (J) ~
ro 2: ~ 'E
~~u8
13
"
'"
"'
.;
"'''"'
; ~.S! ~ UJ
a.s~~ ~
a. _ I;: CD .-
'. t: '" .!!l '8
~ECI)-SE
Q).9U~~Eg>
B~~.2~8";
~'i5~~o.Q;i
c1UooQ.:;>
~:i:~Q:~O~
8
.,;
'"
'"
..,:
;;;
8P88
~~o8.~
N ~.,..:
;t V'tt;
8
~
..,:
;;;
8~~888
~g ~g
CO .N
. ....
-'"
..-
'"
;;;
8
g
...
.0
...
8~8
N~ci
:6;;\
..,:
;;;
88
o\M
<>-co
"'N
.... .
_N
..~
..
8
...
~
.0
'"
...
8~~88
~M 8re
,.... \t'l _......
as ~i
... .....
o
o
o
~
'"
as
N
...
'"
'"
as
;;;
8~~88
:2 ~ ~
'" .
~N
...
o
~
;;;
'"
o
'"
...
o
o
,..:
0'"
o~
uS
N
..
~g
~o
88
......
<>-~
"''''
~ -
"'~
",,,,
...
8
M
:8
g-
..
8~~88
NO> 8C!
C)on ~.....
. -0.
'" "':5
~ "'...
o
o
,..:
o
'"
.0
'"
...
8~~88
o. 8 ~
~~ ~~
. ...-
'" ...'"
~ ~~
o
o
.,;
'"
'"
,.:
'"
...
8~8
C":l~ci
~~
N
~
o
()
w
()
z
<(
z
W
f-
Z
;;:
::!:
o
w
~
::!:
>=
en
w
'E
"
E "
~ 2:
'g. '5 :g
~ t ~
CDc...ro
2: u "
Q) ~ ~
ffl ~:g
0::"'<(
88
.....:....:
-0",
"'.",
~r.O
......
...
f-
Z
uw
g::!:
~en
;;en
<Ow
'0 en
cen
~<(
]~
z
"
8
N
'"
~
CO","
"''''
o
~
...
8
N
'"
-
",,#
"'....
.,;
....
..
8
N
'"
-
",,#
~9
....
...
o
o
N
N
",,,,"
~ N
cD
~
N
...
o
o
N
N
~
v?ft.
N....
",'7
....
;;;
o
o
N
N
-
o"#.
N
.,;'
....
;;
8
o
N
'#
~r)
'"
'"
N
..
o
o
o
N
0","
"'N
N~
N
'"
...
o
o
o
N
0"'-
C!o
'"
N
N
...
en
::,
o
w
"'
"
"
>0
5
-~
E
o
'"
:::>"
0'"
wffi
Glti
;9'E
13
~~
{)a.
_ N
:015.
-
...
"'N
....~
.. '"
N
;;;
"'N
....-
.. '"
N
;;
00
"''''
"'-
'" .
...
'"
...
"'N
....~
-...
....:
N
'"
",0
....'"
-'"
.. .
N
...
:l::5
NO
.. .
o
'"
...
...0
N'"
N'"
.. .
'"
...
...
...0
N'"
N'"
.. .
'"
...
...
'E
"
E
>0
'"
roc.
=...
0"
-0"
" >
" "
i1i E
~,g
a~
13"
~~
0"
{)o::
E:;3S~
..t<ri""';
......CO
;;;;;;64
$;~~~
-o""';C\.i
"'''''''
;;;;;64
...
00
",,,,"
...'"
.,;
CO
...
~
..
~~'"
- '" '"
~~g
z:~~
r-'Ct,...~
l""'looo:r:co
g.....:,...,....
~~~
......
t!;
....
'"
M
..
co~
........
M
'"
N
...
NN
~(J)(J)
8McD
",0'"
"":4~
NCONee
~co~cp
8:!f2;
~~~
""
~
...
'"
...
Nee
~ '"
M
~
N
...
"'"
'"
M
1i:
()
:=
-i &
'E'E:::>~
(l)CDCI.c
E E W ()
(l}CI):::='-
~ :g & 55
Cl)CI)"c~
~~~~
~
~
~
"
"'
"
"
>0
~
.,;
o
o
~
~
.
~
o
o
"
~
o
-c
"
"
o
'"
S
.Q
Ci
E
o
'"
u;
"
-0
0:.
?
I
e-
z
w
::E
J:
U
<(
~
o
8
N
'"
'"
'"
it
u>
e-
u>
a
u
w
U
z
<(
z
w
e-
Z
~
u.
a
w
"
::E
F
u>
w
'"
'"
'"
~
,
....
'"
'"
~
'"
o
z
13'"
0:'"
e-'"
u>;j;
15",
w'"
~r
a.
u>
ZO
wO
0.[;;1
ad>
'"
'"
~
'"
'"
'"
~
.:.
'"
'"
,,~
o
z
e-
u'"
0:'"
e-'"
6tC
'"
Wen
u~
<(
a.
u>
zo
WO
0.0
a '1'
en
en
en
~
'"
'"
'"
~
.:.
'"
'"
~
....
o
z
13 en
ocm
e-~
~cO
0",
w'"
u-
<(
a.
u>
m8
0.0
o~
en
en
-
ro
'"
8.
'"
is
'" '"
" <=
" 0
-~ u
~ ~
ro 15
<="'<..>
~~~
<1>......~
a.::>>-
000
d6~
<00....
"'....
'-""':ai
~8~~8
OaiNU')O
~;;;88fil
"':0"':"':
'"
88888888
ggr!~g~~g
M'lIt"'MO",,8lO
.. . - - - - -
.....01 0)("')....._
~ '"
88888888
oo"':o"':cO";~'
U')OONN~O
M<o:tNMomo
fI+.,.:.,.: aieri"':"':
'" '"
o
o
o
o
'"
...
888888
"":c:iONNci
NOIONIO
~M~~'lItM
o
o
o
o
'"
...
000000
000000
t--:c::iWcciNO
r::~~~~~
~ cON
o
o
o
'"
'"
...
888
:Jii~[;j
"'''''''
M W
~
000
000
~~g
0"'"
<of
'"
o
o
o
'"
;;
~~8gg8
m8~~~g
co Ncn,....NM
M "':M
o
o
o
<0
;;
88
ccic::i
<00
"''''
ri
00
'<0
;no)
ofil
New)
00
00
-.ic:i
'" <0
"''''
o
o
o
....
;;
000000
000000
ttic.:iu;cci-.:;o
COOIl)COMCO
(ONOIONM
('I) NM
'"
'C
0: 0
~ ~
ii.i u) U)
0; U)~5Q)
:2(1) .~.o:;.~ III
.o~:g1S..S0"L. ~
t:: .... 0 a. ro I;:: .-
.ro'~~~ EiCJ)~~
;(I)~CD.9U~16Eg
--=-g."';..2E8:gj
....Bs~o~~~~....~
(I)-:;CI)~~Q;..lI::~c.Q)Q)
~ 5>~5 ~~ g e ~ho5~
>CI)()()..J.c::aJo..CI) <C
8
o
'"
"'.
;;;
...
8
..,:
'"
'"
g
'"
o
o
N
'"
....
OX;
"'
'"
o
'<
;;;
~
ri
"'
...
o
o
,.;
o
....
<of
..
'"
o
o
o
o
o
..,:
..
'"
o
'<
;::
..
o
;;
o
o
N
'"
'"
o
;;
o
'<
;;;
..
o
;;
o
o
<Xi
'"
en
OX;
'"
o
<..>
w
<..>
z
<(
z
w
>-
z
<(
::;
C
W
~
::;
;::
rn
w
~~g
N~c::i
"I'"
.....'"
ri
'"
...
gS
cO'"
"'.-.:
"''''
<of
'"
'"
8~888
M .0"'0
.....- I'""-N
(pOC ~LO
,..: ~g
: iA..
08~880
o . 0
-.i .0 gtri
~ ~ r'ds
,..: ~a:i
~ loo'l~
o
o
..:
"'
....
.....
"I
...
o~g
~oci
",N
<0. ....
'"
...
0*0
~8d
'" .
0'"
",,,,
cO
'"
o
o
<Xi
..
....
cO
...
888
og,.;
~m
00 .
Mg
"'",
~o
:5'<
00
on
'"
88
go
",<0
."1
o .
MO
....
...
00
00
....,.;
"'''I
..... en
:Qoi'
..:;;
88
.0,...:
"'~
"''''
t;oi
...
~o
:5'<
00
on
'"
00
00
@g
.~
00 .
...'"
'"
~o
. 0
80
'"
00
00
0,<
........
en...
"'.~
~oi'
",'"
'E
" >-
E " Z
~ ~ ~ ~
3c~~CI)
1~~!ff1
mj:l..,CUOO(l)
ll,) C C (/J
r:: ~.Qtf<
Q) ILl ~ I-
ID rJ:g n w
a::.o:::<(..JZ
:3
88
8l:i
.,.~ "':"';,;;.
...... "'lr'''
;'1;:;
8
Il5
'"
"''''
IX!";-
..
~
;;
o
o
;i
'"
~'#
0"'
N~
'"
;;
8
Il5
'"
"''''
"l<;'
;;;
;;
8
o
~
",,#
"10
:;
..
'"
o
o
o
~
~
0>1'
0....
cO"";"
'"
'"
...
o
o
o
~
"=t#.
ao
N'
'"
'"
...
o
o
~
~
",>I'
"'~
cO'
'"
'"
o
o
-.i
o
~
",>I'
~~
'"
'"
o
o
..,:
o
~
to#.
'" 0
..:
'"
...
rn
::,
C
W
::> "
COO
W iij
Ql.t:
:0 "
ts~
~"
'04)
<..>a.
~g
~~
.. .
...
..
...
N'"
::!l8
.. .
g
'"
N'"
...'"
~'"
... .
o
"'
...
NO
l~.
'"
..
'"
"'0
'" '"
...<01
... -
o
...
'"
...0
"''''
...'"
.. .
en
'"
'"
:;2
...'"
c:D
'"
"''''
"'"'
...~
c:D
'"
"'''I
"'"'
...-
c:D
...
'"
is
"
>-
.Q
i5.
E
o
-=
'E
"
E
>-
'"
is 0.
=...
0<=
'C"
<= >
" "
Ii; E
, 0
,,-=
:0"
:; 2
" "
~>
0"
<">0:
-",0
- "'
;;;~~
;;;:;;
~~~?ft
Np..:,..:(J)
~C")~
toOt;;;
'"
M
.-.:
M
...
co"#.
0'"
,.;
"'
;;
M"''''
~f'-N
N,..,:'t"i
"'<0'"
~~~
Neo ;;!!.
f'lt)NO
~~~~
:;~~
'"
'"
-.i
00
...
...
0>1'
0'"
o
o
...
'"
...."''''
~C")rD
;;gtg
;;;;;;
oo....M*
f""'lO co.....
S~~.
;;;;;;;~
....
o
.,;
o
",,#
... ~
o
o
;;
...
'"
<0
,.;
c:
<..>
,5
.~ &
::>iij
C.t:
w"
~'E
0>"
'C ~
" "
IDa.
EE
" "
E E
'" .,
., '"
" "
'" '"
'" '"
<(<(
'"
~
:;;
'"
is
"
>-
i5
.~
E
,g
~
-ci
o
o
'"
'fj
ro
0.
o
o
8.
a
'"
.
.
o
'"
o
w
-a;
E
o
:;
:t
;;;
"
o
fl.
<(
>-
z
w
"
:I:
~
o
o
o
N
0,
m
m
~
'"
>-
'"
o
U
w
U
Z
<(
Z
w
>-
z
'<
"
u.
o
w
<
"
>=
'"
w
~
o
z
>-'"
U'"
a:~
ticb
om
w~
U
<(
Q.
~8
~N
odo
'"
'"
-
~
o
Z
>-'"
U'"
D.:~
t;",
5~
w ~
U
<(
Q.
"'0
zo
wo
Q.N
00,
0>
0>
~
;:
o
Zoo
>-0>
Uo>
ii'
>-00
"'0>
150>
w~
U
<(
Q.
"'0
zo
wo
Q.N
00,
0>
0>
~
'"
0>
0>
~
.:.
0>
0>
~
'"
0>
0>
.:.
0>
0>
~
'"
0>
0>
~
.:.
0>
0>
~
0;
..,
8.
..,
is
.., ..
1l "
'2: .Q
" <;
en JE
t6 (5
"..,(,)
o :-_~ ~
~ -- ~
0..5'=
o
o
o
<0
'"
~888
~sigg
(\/CJ)U")-
N~
8
~
8888
:liggg
v.....ll)_
N~
o
o
g
'"
8888
~~gg
(") ,.... &n _
N''''':
~
o
N
;;;
88
LOci
"'N
o~
<t5
8888
N"':~O
MNO<o:r
COONN
N~
o
o
o
'"
;;;
8888
u-jc:ir--:1ri
co N co N
O..-CON
cD NuS
00
00
..0
0..
NN
o
o
o
'"
;;;
0000
ooo~
a::iciu:ir--
M N N.....
cn.....COM
Lei NeD
00
00
";0
0..
NN
00
00
cio
"''''
<ON
'"
888888
aricici"":"":ci
~~r:~r::;
0) aill'i M
N ~....
00
00
co
..'"
"N
'"
0000
0000
arioC":ia:i
....vO'JCO
.....'VC":I1l)
en "':0;
N ~'"
00
~~
..
.... ..
..;
00
00
ciei
0'"
'" N
'"
0000
0000
g~~ci
.....q-C'\lM
N "':0
'" ~ <0
00
~:;
..
......
..;
..,
'0
Ci.? g
ti ~
2 ~
in C> C (I)
d) ~"C.Q ~ VI
~~~a~13'~ ~
r::::.2 0 a. "a; ~ Q) (I)
.~ ~.~~ Ei~B~
OU'JUJQ)..9:uc:cE",
_~_g.~~oQ) C
Q)S~~~,Q'Ci5~8~
~.~(I)'=-6 iV~~c..a5i5
roC:~l::CmOOa...r::>
~~u8~~~a:~5~
~
;;;
..
.6
..
8. " 8
150
;;;g
"-
.6
'"
8
.,;
o
..
.6
..
~~88
;o:;;i~
00 ~co
'" .
..N
..
o
o
...
N
'"
...
'"
8
o
'"
N
.6
'"
8~~88
c:::i .O..Q..
"'8 :I;~
"'- - 00 CJI.
~ "";
o
o
.,;
N
<0
<t5
;;;
8~~88
M ,OOcci
.....0 \0.....
t') V'"\ O-~CJ>
. "'.
'" ....
'" ~
'"
o
o
'"
'"
.6
'"
~~88
15 0 8' .
. 0
~ N
'" .N
.. .
_N
.. ~
...
o
o
m
N
'"
<:5
;;;
o
o
,,;
0>
....
.6
;;;
8~~
oi~o
..N
0>'"
,,;
'"
88
8~
"'.~
'" -
_N
.. ~
..
o
o
..;
'"
'"
<ti
N
;;;
8~~88
.808' .
..... 0
m:; rtre
. "'-
0> ",N
<0 ..~
'" ~
'"
o
o
,..:
co
".
0'""80880
o . 0
. 0 g .
~~ NN
... .....
. ...
~ =m
'" ..",
~
;;;
o
o
,,;
...
....
.6
~
...
0~880
~C?ci~~
NOO V'"\.....
v 0'\ lrl.<o
. "'.
'" ~o>
~ -<0
~ .....
'"
o
(,)
w
(,)
Z
-0:
Z
w
....
z
<(
::;;
<:)
w
....
-0:
::;;
;::
en
w
'E
~ Q) Q) ffi
.~ .... ~ g ~
::l = U) ~ (I)
I~~!83
(1)c..m-oCIJ
~~g~~
m ~ ~ :l ~
o::o::<(~z
if
88
gori
ro'l,.~
=~
..
8
cO
...
8~
'0
o~
'" ,
8
cO
..
~
a:;
"'~
8
cO
...
If.
~N
~C?
'"
o
o
,..:
'"
....~
~'7
'"
N
'"
o
o
,..:
'"
en#.
~co
...0;-
N
'"
o
o
,..:
'"
CO#.
co ~
,,;'
N
'"
.,
'<
~
N
.,
~
o>~
0>0
~'
'"
.,
'<
N
'"
~
co~
,",'"
N'?
'"
'"
.,
'<
N
'"
~
0>""
~9
N
'"
'"
(/J
::,
o
w
~
'"
"
>-
"
~
E
,g
=>"
ogo
w'"
0;'"
:0 "
:.gc
,11 ~
0"
(,)Cl.
~ <0
.. ..
...
NN
.. '"
...'"
,,;
'"
NN
:l ~_
;;;
..,~
.. 0>
NO>
... -
..
~
'"
...'"
~o>
N~
.. -
N
'"
..,~
~...
N~
.. .
N
;;;
...'"
..'"
"'N
..
~
;;;
..,'"
.. ~
.. 0
<:5
....
'"
..,'"
.. ~
...0
<:5
....
'"
'E
"
E
>-
'"
0; 0.
~~
'0"
" >
" "
Ii; E
. 0
".:=
:0"
n~
" "
= >
o "
(,)<>:
'" ., 0
-<0'"
~Mcci
-"'~
~;;;;
"
'0;
-5
E
"
~;;;
~::~::U)
~~~'~
;;;;;;; ~
...
..
...;
M
;;;
:::.....,....
~~~
~....o>
~~~
r-Nc)~
-N......~
g:m~J
NNN
..",,,,
N
N
0;
'"
N
..
;:!;~~
~o"':
.."'0>
"''''
N<<:la)~
o.n.....(\")"'I:t
g~~~
..",...
'"
...,
M
'"
..
""
.
<0
M
0::
(,)
:;
.~ 8,
-_::ll::
liif6o~
EEIg;:
Vol en Ole:
SlrnClB
U)(I)'O....
.:l!.:l!,E~
~
CO If.'~ B
.... N, ""
-.i en C'D
~ ="
;; .512
CJ) .~
2:-'"
C3 E
LO'#
o~
,..:'
....
N
...
co~
...:
'"
'"
m
go
~
~
..,
0;
"
>-
.2
c.
E
o
.:=
~
,;
.
o
co
%
m
~
.
e
i'i
!il
~
~
e
~
;;;
2
e
Cl.
~
:i:
...
z
w
;!;
:z:
~
~
o
o
o
'1'
~
~
~
,.
u.
'"
...
'"
o
u
w
U
~
Z
W
...
Z
;;:
;!;
u.
o
w
~
;!;
>=
'"
w
'"
C>
00
~
.
.....
'"
",00
"'~
ci
z
...
uoo
ii:g:
tiJ"';"
o~
w'"
u~
<:
0.
'"
ZO
WO
0.0
0'1'
'"
'"
00
~
['i:
ci
z
0'"
cr~
...~
"'';'
000
WOO
~~
0.
'"
ZO
wO
0.0
ON
d>
00
'"
~
'"
00
'"
~
,.:.
'"
'"
:!!~
ci
z
0C>
a:~
t;~
000
wC>
U~
<:
0.
'"
ZO
wO
0.0
O~
C>
C>
~
8888
ci 0"": 0
(7) co I,l) ...,.
"'N 0
~
00
~~
N .....
N';
00
00
08
NC>
88888888
OO"':ON":O~'
COCO Ln....O..........
"NO N_N
.. coi..r
88888888
gg~~~;t~g
"'NCO (").....Ne>>
-.:-- t'i-.i
'"
C>
C>
~
,.:.
C>
C>
~
g888
g~;!?C!:
LO.....CJ)lX)
cOMN
'" C>
N
0000
0000
a:icONLri
,...COLOQ)
CCN"!.M
"':oa>-.i
o 0)..... N
~M
000000
ooC!ooo
ggogr;~
...,.Ol.OCDM""
l6"':ai a:i"':
6R r- M.....
N ~...
00
00
cicci
oc>
0...
cOui
~'"
..
rn
'"
8.
'"
is
'" ..
" c:
" 0
.~ u
~ ~
ro 15
c:",ll
~~~
Q)-~
0. :n..
o
o
t
;;;;
o
o
o
'"
.....
'"
o
o
g
'"
'"
00
00
cici
M '"
.....C>
LliLli
- -
00
00
~;g
~'"
cON
;;;
00000
00000
ciNa:icici
M,... en M l.l)
CONco......m
oailri<6a6
NMO)..........
_ M
o
<>
oi
.....
...
N'
M
00
00
ON
--
"'~
w":
~'"
88
cOci
m~
~
o
o
oi
.....
...
N'
M
0000
0000
"":ocao
........... co 0
r--COC>>N
~~ .,.:
o
o
<D
;;;
.,;
M
0000
~~~d
~gs~~
"'.,;
~'"
'"
1:
C.? '0
t5 2
2 ;;
,,;
U; ClCUJ
~UJ ~~g~
.o"lil'ac:B1:
COo c."iijc;:: Q)
1U~-::JE:eCl)3lg
ECI)~CJ) 12)-19
Cl)CDCI)O(,)aJC lJ)
.9",~ g.:ii; .,.~ "E Eg c:
CDj!!OoroO(t)CD ~
mJ::!C/)gU)o::::~Ii5."'m
- E:: ~c-g.!! 0'" Q.~ >
~ Q)~' 0 co C'O ca I:: ::J _ 'P
>cnc..>O...J:Ema..UJO<C
'"
~
o
o
ri
;g
N
~
'"
~~g
M~ci
~ ~,
<Xi
'"
8
ri
.....
"!.
8~~88
N .0 gLri
~:2 oo~~
~ ~g
;;;;
8
oi
c>
'"
N'
;;;;
~~8
cn~ci
"'8
"'-
N'
;;;;
o
o
o
'"
M
oi
'"
'"
'"
o
o
N
c>
'"
o
'"
'"
'"
o
o
<Xi
...
.....
N'
'"
c>
'"
88
r--:~
~~
..... -
-.....
...'"
o
"!
;;;
M
..;
~
'"
~~~$~
",. 8'"
~:a ~m
. N-
~ ~~
'" ~
'"
o
o
N
;;
...:
o
'"
o
o
<Xi
'"
'"
oi
'"
..
o
o
oi
'"
C>
o
~
;;;;
o
o
ri
'"
'"
oi
c>
'"
o
o
W
o
Z
<{
Z
W
....
Z
;;:
::;:
o
W
...
<(
::;:
>=
'"
W
'E
"
E "
~ 1:
"5 = Q)
gcu!
a:: ~
Q)Q..m
,. 0 c:
ii i::;g
~ ~:o
C::~~
*8
80
.,.;
oa
~~
00
0.....
,,",0
o -
",'"
...'"
..
~g
80
o
'"
88
ON
-~
"",,,,
;:!c6
_c>
...",
....
Z
oW
g::;:
.'"
"'"
<Ow
""'"
CCJ)
.1:<
~....
~W
jz
~
r.
J
gg
0.0
....."
~co
~rtJ.
;;;;
;;
all'
.c: '"
,,~
$ So
cna;~
'"
'"
...:
'"
M
'"
'"
.n
'"
",;r.
0'"
":'"
",'"
'"
'"
.....
~
oi
'"
~~
;:G?
;;;
.....
~
oi
'"
c>;r.
........
~'1'
'"
",;f..
~'"
o~
.....
"
..
'"
'"
...:
'"
'"
c>;r.
0'"
N"'";"
N
N
'"
o
o
.n
M
...
'"
;:9
N
N
'"
CJ)
::>
o
W
..
..
"
'"
(;
.~
E
,g
::>"
DC>
W c:
'GlJg
;e~
1:3 c:
.!! B
Oa>
Oil.
.....-
"'N
"''''
"'0:>
'"
N.....
~'"
_c>
... -
c>
'"
.. c>
.. ....
... "'
...:
'"
Oc>
.....'"
N'"
... -
C!;
;;;;
N'"
NM
NO
... -
'"
'"
'"
~'"
NM
N~
... -
'"
c>
..
'E
"
E
'"
'"
.. Q.
='"
o c:
" "
c: >
" "
ii; E
. 0
"ol:
:;s"
:g2
~~
o "
o a::
0'" '"
;::~lO
W"lcoct
~~~
~t"')......*
~OC\lO
;o~.,;"f
~~;;
~
o
...
.....
~
...
..-*
...'"
N
...
;;;;
~.....'"
;:J:ri~
-_c>
~~~
~
o
o
05
c>
,,;r.~
cO~S
'"
'"
...
.9
"
"
co*~
OO?m
.,; b
lfJ E
..
.....M
.... ~
"'.....:
~~~
"''''
,..;
N
~
...
'"
.
'"
ri
'"
..
"
'"
.Q
0.
E
,g
ii:
o
,5
'i ~
::>ffi
o.c:
w"
191:
.g>~
" "
<Do.
1:1:
" "
E E
.. '"
'" '"
" "
'" '"
~~
'"
::>
o
W
~
~
'"
;;
"
o
C!.
~
.
'ci
~
o
~
~
.
~
~
o
1l.
~
~
~
C
.,.
C
W
0;
E
o
'"
,:
<(
....
z
w
::!E
r
o
~
<(
o
o
o
N
do
0>
0>
?;:
'"
....
'"
o
o
w
o
z
<(
z
w
....
z
;;:
::!E
u.
o
w
!<
::!E
;::
'"
W
;;;
....'"
0'"
a:~
.....;,
!!l",
0",
W-
o
<(
0.
'"
ZO
w8
l5~
'"
'"
'"
-
,
'"
'"
",'"
N -
o
z
....
0'"
0:'"
....'"
6cO
'"
w",
0_
<(
0.
'"
zo
wO
0.0
ON
do
'"
'"
-
~
N
o
Z
....'"
~~
.... ,
",,,,
Ci~
w-
o
<(
0.
"'0
ZO
WO
o.N
odo
'"
'"
-
'"
'"
'"
,
'"
'"
'"
-
'"
'"
'"
'"
'"
'"
.
'"
'"
'"
-
0;
'"
8.
'"
is
'" ..
1l "
'1: .2
" U
'" ~
C6 15
" '" U
g ~ ~
Q) -_ as
a..5~
o
o
o
'"
'"
...
8888
cO ci"": a)
"'~;;~
en Mai
N _ '"
~8
NO
"''''
00
NM
8
o
'"
'"
...
888888
cOg::8~~~
cnvr--.....oo
0) ~MNM
N _...
o
o
o
'"
'"
...
88
;tg
N'"
N
'"
00
00
-tticri
u;a;
-<tier)
-...
88
NO
"''''
00
NM
8
o
N
..
8888
~~~~
~ "ItU">
"":ri
88
00
"''''
-
o
o
o
'"
..
0000
0000
~~~~
'l:t_ "It OJ
"':N
00
00
00
'" '"
-
o
o
o
'"
..
0000
0000
cricioi..i
O"ltr--o
~ vO
..... ...:rr;
00
00
cci
"':0:
88888888
~~~~~i~a
.. ,..: (,'f)"':
00
00
cici
- '"
_ N
...
00
00
Mci
0'"
0_
,.:
0000
0000
ro;""':oc:i
Ol"ltOM
MO"ltCO
ri"":
00
00
dci
N'"
_ N
...
000000
000000
NO"":cricici
OltOv......OM
CO....."It....."ItlXl
,..: ri"':
'"
'0
i5.? 15
~ ~
u; g c U)
c; U):2gB '"
-0 en .!!?..c m.-
::C~!ai5...=o~ ~
c._oa.rol<=m"''8
tii~'-:;)E:eCl)-
,,2: '" ,,-.!'l E
ECI)Q)Q)o(,)ctIc Cl
;~~5~~~~~~
m.2(1),g:~"5S~~a.:>>i
J2 ~~6 en; ~ e g.=~
:>CJ)(,)(,)j:Emc..cno<
8
...
~
oj
'"
...
8~~88:
"'8"'8'"
~ - ~ ~.~
as cO~U"i
co "_40'9
... ...-
o
o
,..:
o
-
~
...
8~~~~
0".;~8:il
!;: "" .....llCtN
co tia~
... ......
o
o
<0
'"
'"
<0
'"
...
~~~~8:
$g:E~~
~-~...;~
co Ol('"'olO
01 ~NN
64 ~!:!.
o
o
<ri
N
'"
<r5
...
a~g
M~ci
:5~
-i
..
80
.0
8-'
~rJ
~~
o
o
N
N
<r5
...
8*8
cri~ci
"'~
0'<>
-i
...
88
6 .
~f5
.'"
~ .
......
...
o
o
en
'"
...
cO
..
~~~~~
::;8 ~~
- - 00-
~ ""~
8
en
'"
N
cS
N
...
0~880
C-?CSci .C!
"'...: 8:8
~'" "lo
. "'.
'" -'"
;; "";;
o
o
,,;
N
N
,,;
;;
~g
80
88
g<ri
",-
.0
'<> .
-'"
...-
...
o
o
ui
"'~
...'<>
N
...
o
o
ui
o
-
cS
N
...
~8
00
".;
00
88
NN
0",
"''''
'" -
-'"
...-
...
o
o
en
'"
o
,.:
-
...
o
u
w
u
z
-<:
z
w
....
z
<(
:::e
C
w
~
:::e
;::
'"
w
'E
" ....
E Q) 1IJ m
~_c:u:E
.~~;~~
Jeo:;;.....ccw
I.I..lIJco"'OCI)
Q)Q..cgcn
c: ~ g t.I.. c(
11) ILI.- ~
~r::g~w
a::c:::<c...JZ
(:;
o
o
ui
;:Ii
r:-;ft
~~
"'-
e'
8
ui
;:Ii
~""
~
Sr-;
..
8
ui
;:Ii
N'""
"''''
.'"
~'7
~
8
en
-
",""
~~
'"
N
...
o
o
en
-
LOfft.
"''''
a:i~
N
N
..
o
o
en
-
",""
~9
'"
N
N
..
o
o
o
...
",""
,..:9
'"
'"
..
o
o
o
...
I()'af!.
~9
'"
'"
'"
..
o
o
o
...
0""
"''''
,..:-
...
...
...
'"
:,
C
W
::>"
COO
W "
]1-5
~-
=c
lilfl
15Gi
UQ.
-'"
......
'"
...
l!!:~
_N
... .
'"
'"
...
-'"
"';:Ii
..
CD...
.. N
N '"
... .
'"
...
.. -
N'"
N'"
... .
...
..
CDN
N'"
"''''
... .
...
..
"'0
"''''
"0
... -
'"
..
.. 0
"'0
..0
....,;
..
"'0
I~.
'"
..
'"
ffi
"
,.,
o
'[5,
E
o
.::
'E
"
E
,.,
'"
-Q.
Jgt,4
o c:
'0"
" >
" "
~ E
, 0
".::
:0"
.- =>
'll Iii
= >
0"
un:
~ N N
OC:COI()
~~~
~~~
'E
0;
E
NT-""*U
-o.,...co
oO~N U
f""Il(),... I-
~~~ ~
...
..;
~
v
...
.!!l
"
2:
"'lt~cP
",,,,,,,
o ~
'"
N
...
~(O~
:~<i
~~~
01.O:::e
\00:.0:.0
~~~,
a~~
o
'"
'"
~
...
...
",,",
"'::.
en
'"
'"
...
N_'"
-0'"
vi....:tri
t::~~
.........
~~ffi~
;00
~~~
......
00
v
6
'<>
~
...
",,",
",:0
N
o
'"
..
'"'
c
'"
,,;
'"
ffi
"
,.,
.12
a
E
,g
CL
u
5
.i ~
::>lii
c.c
w"
~c
.go~
=> "
"'0.
cc
" "
E E
'" '"
'" '"
" CD
'" '"
~~
0;
"
g
-0
'0
-<:
0>
~
"
0-
.
-ri
o
o
0>
%
.
~
o
o
i'l.
o
-c
"
~
o
'5>
o
;;;
.&
i2
0.
:?
r
a:>
'"
'"
.... ..:.
'"
u '"
ii' -
....
'"
i5
w '"
u '"
z '"
" -
z <b
ill
.... - '"
zc: '"
<~ -
::;::;
W:;, 0
5z 0
0
.... N
.... ~ do
w '"
Z '"
W -
::;
J: '"
U
S '"
co
-
,
...
co
'"
-
'"
'"
.... '"
U '"
ii' '"
.... -
'" <b
0 i5
0 CO
0 W '"
N U -
do "
m a.
~ '"
>- ZO
wO
U. 0.0
'" 0"1
.... '"
'" '"
0 '"
U -
W
U
:;
Z
W
....
Z
<1
::;
u.
0
w
:c
::;
>=
'"
.=
g~gg
gg~g
(01'-0<0
....: -.i" '<I:t"~
'" '"
8888
""':NO-a=
O..,..N("')
MNOO>
OMN~
...0
-
88888888
ocioci~tricici
NCONNmoa>l.O
I'-l.OI'-CO.....Q)O<V
M ....: .ocn"":N
~ to Ma:l
00
00
N .
.0
_ N
"'...
ri
'"
158
dc:i
...'"
NN
'"
00
00
cci
...'"
N N
...
00
00
cici
...
00
00
gg
on'"
'"
...
00000
00000
0"":"':00
NO(")O>IO
COl"'-vOv
"';O"':N
"''''
o
o
o
N
o
'"
151581515
ggg~~
Ql 0..... N
"':16
-
o
o
o
'"
'"
..,f
88
c:ic:i
N'"
o
'"
00
00
gg
coo
"":ui
-
88
ciei
......
_ N
8
o
'"
'"
..,f
8888gg
cicicic:ic::ici
o
o
o
'"
~ 13
ro u 2
~ 2 1;)
~ Uj a l:: UJ
is ci :3~g~ U)
U) ClI!:I ~~U):a.l::5c: '.~_
B l:: coBa.-C;::Q)
.~ .Q 'm~-=,CllE:eCl)J!2-c
15 13 EQ)i::cn G)-soE
en ~ Cl)G>Q)ot)alc C)
- 0 Cl)Q.- ccnEc::
(ij 0 -It:-m.!!:t.QE8'u;
CCI){) Q)soOctlor,/)Q) .-
O.9:2.c :U.Qcng U);::~ fBa...."ij
~= (1)_ c: ~t:-gg 00 o.~ >
Q) :::::; ~ ~ Q):E::' 0 RI ca ctl ... ::J _ -c
Q..:::JI-;>CI){)()..J::Ema.. cnO<c
o
o
,.:
'"
"l
;;;
N
'"
o
o
N
co
-
c;
N
...
o
o
N
a:>
on
,..:
o
N
...
o
o
o
(!!;
.n
N
...
~~g
~ . ci
00
on-
'"
...
o
o
o
...
o
.n
N
...
o
o
...
o
on
'"
...
8
o
...
8s8
600
",0
o
u
w
u
z
<(
z
w
....
Z
;;:
::;
o
w
!;;:
::;
i=
UJ
w
'E
"
E "
~ ~
~c~
g~~
o::~_
Q)~~
~ ~.Q
Q) I.l~
~ ~:g
0::"'<(
815
o~
"';1;
,..:
N
'"
5~8
oOd
C '"
00
00
~g
....
z
~w
g::;
OUJ
oUJ
OlW
'eUJ
OUJ
~<(
",f-
~w
....z
1
o
o
...
;1;
,..:
N
...
Q;
al~
-fi~
1E,g! 0
UJID;!:
o
o
cO
'"
...."#-
_N
.n-
a:>
...
...
o
o
cO
'"
-""
~
.n
co
...
...
o
o
cO
'"
o'#-
00
. 0
0_
... ,
UJ
=>
o
w
",ID
0'"
w"
...2'
;eO
o~
!!io
olD
un.
00
......
00
......
00
......
'"
ro
"
>-
6
.~
E
o
'"
'E
"
E
>-
..
ro c.
=...
.g ~
" >
" "
Ii; E
'E!
ID-
:C"
; ~
l;l "
= >
0"
uo::
,",-co
~Ol.O
~;i:g
qoco
- -...
",-
...
oc!;~
~MLl'i
o~~ ~
;;;~
...
o
~
N
-:
-
'"
""
.
co
M
ii:
u
,5
-~ ~
c'E:::>~
Q)Q)OJ::
E E W (,)
(f.ICI)1i)E
m ; C'I Q)
u)V,I-o~
~~ffi~
,
c.
o
*.s
oil
"
u;
'0
"
'0
!!i
'8
"
=>
"
"
>
~
o
Z
011'
00
'0
0_
'" ,
'"
ro
"
>-
6
.~
E
o
'"
,.:
'"
05
'"
>-
u.
;;;
"
'0
D:
m
m
~
;;
c-
.
-ci
o
o
m
m
'G
m
~
o
o
~
'i
~
~
o
0,
o
w
..
E
o
'"
:I:
o
N
o
C/)
o
>0
'"
0::
Qj
'0
o
.s::;
o
c:
l\l
0::
Oa;
!2z
0>
0>
>-
u..
CfJ(i)(;)
Ul 0> Q)
Q) c:: ~
-' .- Q)
>-
ro c::
rJ)-
Ul 0> Ul
Ul 0> Q)
Q)Ci5C::
-'0>-
>-~
u.. -0
::J
LD
0-
o Ul
_ 0
o>()
0>
>-
u..
otUj
000
05E()
O><t:
>-
u..
a; Q)
O>~
-0 Q)
::J Ul
LD Q)
a::
O~
!2o(l
o>e...
0>
>-
u..
c
Q)
E
>-
ro
a.
OLOvC'\l,......("t)COO~
fflOC')<oN<01O 0>
C')~<O~IO~ <0
m"":ri~M"'~
~NIl)LOcn"""
10 ~
00000000000000
6R-O\OO-.::t\OO\OO~N
-f-f"'")t-OO &lit
~Mv1\!':)"O
E'7~W"7t"')~
... ...
OO~~ONVOO
~(,,)oO)v"-o
LD VV V""" (0
~r--:cricria:icri
.,.....,-NMLOt-
C')
OC')I'-C')CD~NON
"'C')NNMCDv N
OM,.....CDr-...... to-
~r.DcDtDr-:~
C')v<oNIO<O
O>~N
0<0
... N
N
ONI'-O
O~
0<0
~~
C')
OON
N
I'-
-
-0'
Q)
a::
00<0<0<0101'-00
f::FJ- ,.......,...,.....cor-
OC')<OO<O
criricria:ir--:
......NCOf'--..v
M
"
OIl
"0
"
I:Q
0\ on
r- \0
\0 V
0-,"' (""'i'
r-
00
OV)-V1l"""l
g,c;Oll")O"l:t
OONV
0" r-: 0'1"' N'"
MN'I1N
on
N
~
(3 Ul Ul Ul Q)
c:: Ul Q) Q) Q)
:r:>- Ula::a::a::..c:2
__0"" Q).,....NM"t:: CtI
ro Q)rJ).!;;<t:<t:<t: O..c:
LD.2:r: ~a.a.a.Z()
oa::UJLDrnrnrnlXl()
. ,0 I-
~NC')~IO<OI'-<OO>
Q) Q) Q) Q) Q) Q) Q) Q) Q)
c c c c c c c c c
o 0 0 0 0 0 000
NNNNNNNNN
V V
\0<0
v_v
l"'l .
_C')
O\~
...0>
o
o
l"'l
00-
on
...
V
00
on
00
l"'l
on
...
00<0
Vv
l"'l_C')
o -
_0
on~
-10
- -
... ~
0\
\0
on
0\
l"'l
...
-
l"'l
0_
00
l"'l
on
...
00
V
r-
N
l"'l
0\
...
OJ
-
o
I-
Q)
~
Q)
2 Ul
Q) ~
0>-0
-0 Q)
::J N
.0 .-
c::t
_ 0
-oE
Q) ro
-gE
u e
.5: -
-~
:;::-0>
UlO>
gee
,0>
:t::>-
roll..
iii~
~t.l
1'--
, E
N ~
Ul.E
Q)
c::0
OM
NIO
O~
-~
-0-
ro 0
Q) Q)
c.~
Ul Q)
~ ~
a. a::
o
ON
<0 Q)
10 c::
.nO
fflN
en
en
M
N
;;r
~
Q'
~
ci
l!!
-
~N
--:-:
:J:
o
'/
c>
<00
::d:2
0'"
w'"
>-
"-
<0'"
:,~
00:>
We>
>-
"-
<0
'"
c:
o
N
<0"''''
::: Q) Q) Q.l
>. ....a::C:::C::1:$
U(;50"-NMO-
l1) <c<c<cZU
CD.2I~a..a..a..l:DC,)
OC::WCD(fJU)CfJOt-
NMvLOCO,...,CDO)
Q.l Q.l Q) Q) Q) Q) Q) Q) Q)
C C C C C C C C C
o 0 0 0 0 0 000
NNNNNNNNN
(00<>>000
ll),....O.....ON
NodtritriM
~~~~~ro
Mr.DN"':
e>"'co
"'......
cOoN
"'NOD
~~
~
(000)0000)""'(0
l.O,....O.....ON,....~~
C\.iociLriLri("ja::iON
aJCOO)vO)""''''''NIt)
coc:n.....CO..... lO..-.....
MtON"':
-0
"'0
0_
0'"
e>
>-
"-
ooor-r--- 00\0
~~:~O~~~~
N ...,"'
...,
;;;'"
oe>
0<0
'"
>-
"-
;;;0:>
0'"
0;::::
'"
>-
"-
"'0
~o
~c;;
~O)
=>-
0,,-
o
"'e>
;g~
tj
",e>
=>-
8"-
OOl""'l\O r--\Oo\O
o r-,.., O\<"'l C'\lX! or--;
cir--:-.iC"icio.ri Of'")
N .,.,...,
...,
0- ~ ~
OC":"lt:'I"l
cif""1lT'1r-:
\0\000'\
V,",,:~OV)
0\1"""'100..0
0- N 0
N N
Ova:l......OMO
OCOC"')C"')NN,....
OM~ci,...:co:iLri
NOCOv
M~~
OM
ON
OM
~
0......0(0
0,.... lX:l co
OMNo)
~
O:>OOD
~COI.t)
MO
Q)(O"'"
N~~
o co
ON
OM
~
:-0 '" ... ~ ~ 0 ... 0 '" "'
Ee .,., "' ... ..., N 0 ~ .,., '"
<Oe> .,; ri vi .,; ,..: "" vi ri ""
<Oe> .,., N 0 ..., :! ..., N
<(>- ..., N
"-
-E e> 0 "' '" ..., ... ... N .,.,
e> "' ~ N '" .,., "' '" ... ":
"'<0 00 ri vi '" "" ,..: .,; N .,.,
<0", ... '" N :! ..., N
<(>- N N
"-
~ 0:> ~ ~ N .,., 0 '" ~ ~
=~ N '" N ... ..., ..., 0 ...
:;;'" 00 ..., vi '" ri vi '" N vi
<'" ... '" N ..., ..., N
>- N N
"-
'"
0 <0 <0 <0 <1'
N c: '" '" '" .c: c: M
~C::C::C::1:: N
" >- '" '"
'" ()Ci50"-NMO..t:
0 '" <(<(<(ZU ~
>- ro.!::!I ~a..c..a..CD()
~ oa::WtXIcnWC/JOt- ci.
E
N M ... OD co '" 0:> e> 'E
'"
u '" '" '" '" '" '" '" '" '" 5
c: c: c: c: c: c: c: c: c:
c o 0 0 0 0 0 000
m NNNNNNNNN
a: :I:
C;
Rancho del Rey Open Space District No. 20 !
,
Amortized Costs
, Amount Accumulated ,
for Fiscal Years: 90-91, 91
92-93. 93-94, 94-95, 95-96, FY 99.{)0
Izone Description 96-97, 97-98, 98-99 Amount Work Description
1 Desilting BaSin ~818 $0 IDesilting basin mamtenance (every 5 years)
atE.H st. $33,500 $0 Stabilization stuuctures maintenance (every 3 years)
$3,649 Miscellaneous
2 Rice Canyon $0 $0 Staging Area - A.C. over1ay and stripe (every 5 years
Trail area $357 $228 Staging area maintenance (30 year period)
$0 $0 Miscellaneous
3 E. H street $0 $0
4 SPA 1 Phase 1 $36.018 $4.002 Monumentation replacement (3D-yr period)
(Business Ctr.)
5 SPA 1, Phases 2-6 $327,593 $34,617 Theme wall & monument replacement (3D-yr)
6 SPA 2 $0 $0
7 SPA3 $0 $0
8 Desiiting Basin $0 $0 Access Road to be built.
at Glen Abbey
9 T eiegraph Cyn Chan $2.888 $722 Money on deposit pending payment
(SPA 3 area)
Total $53e,823 $39,569
Notes:
1. Zone 1 - $26,230 (5 yrs) & $6,700 (3 yrs) for desilting basin & stabilization structures not collected beyond 5 yrs per Code;
Zone 2 $873 (5 yrs) for AC not collected.
2. Zone 2 - $12,044 from misc reserve used for mtc (95/96).
3. Zone 2 & 3 - Amor1ized cost for walls not detennined.
4. Zone 2 - $3.990 from misc reserve used for mtc (FY97/98).
5. Zone 2 - $8,470 from misc reserve used for mtc (FY98/99).
6. Zone 2 - $4,365 from Staging Area - A.C. over1ay and stripe (FY98/99).
7. Zone 2 - $1,695 from Staging area maint (FY98/99).
8. Zones 6 & 7 - Theme walllmonumentation to be added.
g. Zone 8 - Amor1ize cost at 2 years pending construction of access road.
10. Zone 9 - See TC spreadsheet for cost breakdown on channel.
h:\home\engineer\openspac\99rdrann.wq1 4/23199
/u
Eastlake Maintenance District NO.1 FY 1999/00
BUDGET WORKSHEET
Overall Zone A Zone B Zone C Zone D Zone E
OLR Eastlake I Greens OTC Salt Creek TC Chann TOTAL
Budget 29,938 72,206 34,401 1,829 69.209 6,378 213,961
Reserve Req't 29,938 46,934 22,361 1,189 44,986 0 145,407
Special Reserve 0 0 0 0 0 27,970 27,970
Total Funds Req'd 59,876 119,140 56,762 3,018 114,195 34,348 387,338
Less amount in reserve 29,599 45,767 20,673 873 39,599 27,970 164,481
Less estimated interest 2,180 4,337 2,066 110 4,157 1,250 14,100
Subtotal 31,779 50,104 22,739 983 43,756 29,220 178,581
Net payment 28,097 69,036 34,022 2,035 70,439 5,128
Participating ADT's 137,045 98,286 33,759 5,000 4,234 386
FY 99/00 Net paymenUEDU 2.05 7.02 10.08 4.07 166.36 13.28
f', ~l~; ;G' l (J ~ ""~, v _ . _ ' ~., . F <~~
FY 99/00 CosUEDU
2.18
7.35
10.19
3.66
163.46
16.52
Asmt Asmt Asmt Payment Payment Asmt>
FY 97/98 FY 98/99 FY 99/00 FY 98/99 FY 99/00 Payment
Zone AlOLR 9.93 10.04 10 .40 8.48 9.07 Yes
Zone B/OLR 16.24 16.42 17.01 11.53 12.13 Yes
Zone C/OLR 134.52 136.00 140.90 7.83 6.12 Yes
Zone D/OLR 179.41 181.38 187.91 181.38 175.44 Yes
Zone E 25.58 25.86 26.79 13.56 13.28 Yes
Notes:
1. OLR shown as part of Zone A & B
2. Budget for OLR is for ELMD1 only, balance is in OSD 31 for FY99/00.
3. FY 99100 Zones A thru D and OLR share DPW staff ($5580), included in budgets.
4. Zone E is not budgeted, reflects $80 adjustment-see budget line
5. Zone D/OLR includes Zone A
h:\home\engineer\openspac\9gelsp. wq 1 4/23/99
/1
)
m
,'1
!
~ ..
\/ --
ATTACHMENT B-1
Z,1Ilo.-
\
o
~. ~~
n ~.
~ ~~
-< . ~~.
~~ ~
E 51
~ -~
;'
,
...
/:2-
........ ! ---
.. I.lCHMENT B -1-
\
_\ ..,...-( >.. \I ,I I I I r
~\] ~~'\- ~,
=--- ~ ~ - ?
~\ X~ 11~C: ~~~),
~\ \1 1IIII ~
\ W I II I~
:~V~' \' J1.L0y> c:: I I
al ~ tt; ~~~ t I J!
:e ~~ ~.- ~ I ,,:JBIt=t= r= I J \ ~
\.11/11 T - __ ~
IJ..' J' V--" ~j~ ~
~ ZQ>-. 1IIIIIIIlfT
~ \\\\\ ~ ~ r-
\. J..w --;..:. '/~_~~ L-.
~ \,-,TTV ~ III l"';":--1-'-
~,!.~ (~~ ~~
" /" "" i\I$lJltl ~ ~ _ "-;... ,,1'i1 ~
~ :/.//) ~
" / '--!.~ r J/!II I
~rn iTTl ..,~~ --- 7 r
IIII 1 '-~, T=
IIIII T III II
_m11RttB -
=
-
1 )
. i
,
-\--~
1
~
~ '\
~~
.,
\ I I II I I I I I
~~\ I~
\-1 \ /'r
~ \111 III r7
.......-~~ IIII
- \~ \ __ \ I: II:
~ ~ " 'U
.~ . - ~ !
;\ \U0'1 ~
,
,
!
I
!
'y
01
.e:::
:>- !
lill i
'....1 '
i~1
gl
I
I
41>-
ul-
<(-
c..U
II)
41
Z:I:
wI-
c..11..
00
....:::
~;:
III
0>
z
<(
1--1
U=>
-:I:
O:u
I-
~11..
00
\
-
[ -i
--=
. / J->...7
:/ /'" ./
-
-"" '\ /
"y
~
III B
IB
IIlfll 6
IB
~_"lDW-
- ~/: Z f1111B
;....... UlUltl mm mill
~I!\ III fII >--
1Ilffi:n\ 8l I
al fII fII
53
mal
alal
'--
8l8l
al
-
-
::
-
=
I
J I
:::::jl
f-I
I
---'
n
I '
I
I-
m
z
<r:
~
=
=
::
-
--,
! I I I
LJL
/
/~
,
} ) JfJ2
;j
A~ 6'--" \ E~>:~ \- '; ~Z
~ " L~
Y t J:~~ I-(~~
"\ \ \ .. ~l ~c: d~~..Y).- ~
....., --\ ~~"I '\\\\'<':
- -t (\-- " \ ~ !;;A \e> ~"-
., r.... \ ~ '" ~\ ---
\.- '- ......t ~ -), '<t\ -,
\._ ..-' . I D ~ A I--' 1-1
~ ~ Q~~~~I~ ~~ ~
~~" ~Tt ~S ~
~I~ v >'
~(;N 7;;~~ r
~~ ~J~ ~~
~ '\.. ,/...../L \I~\\\'~ I
) ~~
y ~
\/
----- -... ~
....
-Y i ;TTACHMENl ~:
r---
~::-// " J.... ( ~
fi// @)!j ~ ~:'
~ 11:'3----
~ r ,7 If!1t
r"f ~ '~I
\Z"f L ~g r-.l.
~ 2::})~~ \ \
~ ~ ...,
.)
\ i...
V
.~ )
) I
-'
(
_I
1
\
r--
/1 ,),I.""
~ :\V
f
)
)
)
"\
\.-
'\ (
/1
w . <::
U I-
Z
~C'l ~
W ~
I-
~O .
~Z 0
w 15~
UI- >-
~~ t:
0)1- U
Z~ ~
.M: I-
o
~
71
I ~
- '\\~~
~ - ~~~"""~\
- &~ ~;'J: l0~
~ ~ P.ftll\ I ,,~"'" ~ ..<
'-..,,, ~ nr (J'~ \ ~ l]:.U-\J.l1 \
f.HL '"' V:V4.-L 71 II -1 / ~ ~
1'& ~~&1\..\. :::;j )'~'5?J~ 1.1 ~ ..-----c
~~ .'\ r- J ~~ CJ J ~ .B ~
~~ /i ~'Ifl 6~~ 1- r:;.Y ~\J "'....
~(J~,\- ~~7/ k,-sj \~
!\ ~ '~ IfJjt:. 1 f-
~ , ~ ~\" f1, ~ ~II
~ A '" ~
~~ '?/iJ..... - -, r of. ~
~ IJ ~ ~ ~'2:E 1-,;... ~ ~ ~ 17
~~}!5//~~~' ~ ~ ~ "i' "" '-. ~ 0:,
~~\' WJl::l)JJ/)()"'~ ~' \0 lit:. f#---.....
'~~~ ~W T~ ~
~~~ ~ L ~ &
~ ~~ "( ~ 5' /'" <llIr "'-...'ft:'ll -f--.....
'7 ~o: ~ ~~~ ~ V(IT\\\" 'is '\
~ ~ ~i:.x \''' ~ ."'N = ~ ~ ~k--<'
~~~~~ = r- ~~~ \
\ ~.....C )\,V\-,., 1 r- ~'P
~j/" r(j 'II ",,'I>"
_ "4\ 1:1? , \,,~
~~=II( ~r~
.~~~ 17 h ~Y~\':j -\\\\/1 ~~-< -J
ATTACHMENT B - i
h
......z
w
u
z
q
z.
w~ c::::
~O ~
c::::z '
~ 0
w 15~
ul- >-
~~ t:
0)1- U
ffifg ~
a. I-
o
<1
I-
~
~
:::
:::71:::
\~
~ I
j
---
/
~
:>
<:
.....J
::>
:J:
u
u..
o
>-
~
u
W
:J:
~
u..
o
-
>
o
z
~
u
cr:
~
en
c
w
U
<t
a..
en
z
w
a..
o
,,,-_. ,
'---
.-----\
;/ //~~/I/,iIIII~~
::? ~ ~ /B.\'\'t\\ll I T r- I-'
= ~...... Ijf-,- r=
i:::: -' 'A I I =t -t::: t:...
\-:: :-3_ ....J. f--_ I'
't:::: I-' rr '....., \
y::: r '-1---> 'i.. - -I 'i !
v v 1...._ J
..L M\\/X .[' ___ I--""
~ . :::::,.. r-x. ~ ~ '7 ~-I \ \ \
I vms ~?f.J.;. l.,IX :J 0 r-. 'H
~ _ r ~U'-! >.l
:::-- \..... .r If-JI
"- i- I- -4,- -I ./
\ ....., en ;:: l:: _ ~ ,)..
p,-'- ~
~ % t::,)y->----
~ t;2'l
y } '"\
~ ~/\--= \~ j
/.A!-{..... \
:\\s:l ~ "1 '- 'F$:. ~
I -<:,..( \ .lr .....::: - r--_ ::
>-:'Xy';>' r '\ _:: y~
I _ '-,;?- 1-'\ =-' ~ ::: 2l~
-1 II. ...., -/ ~ 9 u.-; 'Z"n
'0:,~ ~ ~\::::: ~k\\:A:-
<'l I\. J?c~,~:' G;~?: \ --t u}
-.::-\ \. H'I \\\" yo
j< L~ ~ ~ ,~_ ~ - \\
..l1 \-;: '" \11\ "'" \ .--\
I;' J ~ -- ~...<\' ~ Ii D'- l(\ A' \'1 ~~ \
t: I Y' ~\' -\ -n. ~V ~ ~~
~~ . ~- ~ '-.l/J.. ~ E _ ~\
.I ". - ~ \ 7/) .- '-..I.- \1
~ ,,= "1/ s: "\ "Y ,-:F' \ ~
~I(~ ~ '-,-- -I J\
~'I~I \fi i'I\ ~ ~ ~ \ .Y
-3 ~~ \ ~~~ L x:;j
~ .\111 1 .J.....-
J..- '"\. ,..
\ II I ~::\- "Jc. '\ y\\
I ~~ ~
1 T -.x -'I" .Jc:. "'\ -'
\\ ::....lr"'" .....-c ,,- 'L .i,..-
\\ ..." )1 rr ~....
\'~~~ :'c"~ J\ ~ l~ 1 e IC hll M
,"~W ,~,I~/~~,~a \. .,,~
i
An ACHMEN1 B - f."
f
L.....,.....,
~
\
J
....z
""
"'I
t
,....-(
.
~._.._--_..,---_.__.-...._.,._,_._.~----
'~
\
i /'\
i \
\ \ \ \
\ \
\
\
J
\
0 0
lJ "'0
-I fTI
Z
:r
fTI en
Z- "'0
() 1>
~ ()
~ fTI
0 0
lJ en
() --I
::0
:r -
c ()
r --I
1>
.:.
< G
en "'-t
~ .-
If -
""J:::1!I/~"V//"{I""'" '1',.'
L ,-,cHMENT,,-2
<
lZ) ~
en
~ :;
~ <
l,,) :5
~
;: t5
en ~
i5 0
.., ~
l,,) t=
f u
en ..,
z i=
..,
ll.. ~
o 0
~2
)
/,
ATIACHM.ENT 'B-1
....2-
..
i. e
to- ;;:
u
i a
u
~ l!s
.. ~
% U
...
l!;
Ll iT ACHMENT 'B - / D
~--0
~NOVA.DR
;2/ \
Z1'"'
\
~~~~
S~...z
<-<...,.,
~~~~~
~~~,.,
>
I
.1TTACHMENT 'B -II
/
0
""U
fTI
Z
U)
~
()
fTI
0
U)
--I
:0
()
--I
Z
z.~ 0
01
v~.
\~~
~
..-.-
~;
~
~il
w <
I:..) ~
Z CIJ
<C:..-
zc>
r:J <c
~r-...J
z-~
:;: .:r:
~ 0 r'
"""'Z"""
C':iJ C:..
t:.;t)O
<- .
c..a:::>-
r,.. E- E-
VJ CIJ -
_I:..)
Zo
C:J C:J
0... I ~
..-, "
""" t'-
. -.--
.......,- --
-c:...-'
\ .
\
,
--
-
-
\
'-
I
-.....
I
I
-
:..
p~ 0 RJlNO-ER)
tr.
I
~
....:
f.j
~
\,
\.Y. u.:
~\
A TT ACHMENl e> - (;;;.-
,~~-
- ..\.
B
~:::
:j ~:;!
;;;..j ~
~ ~
V;~ F=
:rt\::f
a .....:r \.
~,
r:I
i'o "I
~~
~
~
o
0::
'j n
~~
u
::c
~
- ~
....J
~
...;8
~
'" ...
....~
~
Iff
i !
q~~
fi
I
.,,~ ~
~:::l~~
9 ::: =~
'"'" ==
~E: == ,;"
m ~
~ ~~l'
~ ,./1/ ~"11'
'I~ ~, .,......- . ~ \ 1~ \ ~
~ .......,-::" ""r-...~
:;;:, ;z; .....(!: II111f L./ ), ).; ~..'~ ~
:\ m' := ~ ~
:= ~~ _ ~~ 1:Ji 0::>. ~
:;;jll=l -J:..: ~ .
~ :::j ~JI.#' ~\~
'1tJ--- "U~ /
~'~.rJE ~~ .
: ~ :>~~
/~
;,-- /TT
~
~
~
L j
~
~
~
rill
v-
~~CHMENT'B -1"7
-2
....
~
w c:::
u ~
Z"", ~
c:::.
Z-
I.I.l c::r
~O ~
c::rZ 0
~ I.L.\.>,.
I.I.l 00
U~ >-
~~ t:
V')~ u
r5~ ~
c.. ~
o
~
e:;.
~
~ 'j
\I V
'" .
I
I .
-42 i!
~t
~ ~
~
)
7-
cJ. Q .
- ~
~
~ ~
.~
)
~~
(
ATTACHMENT. ~-IS
1
: I
iJ
l.
s.
0
~
. Z
,.
,. .
i. en
, jg
-9 0
(") .....f
. (TI :t>
: . -<
( s=
:t> ::0
". Z 0
s.
s ....f
(TI r
. Z ~J
,., . :t>
Z Z
(")
.. (TI r'T1
U'J
0 U'J
U5 ~
@ ! ~~~ ....f
::0 ::0
'd n "
....f
sl 1.1 III ~
IS . I ;t ! N
I ii I ! i I ,.. CJ..\
I ! i i I '"
Cl
J ., i '"
I ! z
I I i I ~
( .
i !
I J I II;
i
s I ! ! .
.
I
. ;;
. -
. !'
Aft;
,
<B-
Ol
W~
~I~ 7~O
~ \
~ \
I
D ( ',,- i
\ 'L-,\\,
I ',--J 0
~, Till
?M /"/1\\\\"
~~~
:x: v ~
X ~
.;
~
~
-/~
~~'I-!~
~~~~ fill I~
N;,; -';:.~1--K::~
':f(V11 :. ^ ~
4 ......
L '?\ ~ ~~
: ~~~
[
'-
-
\,
-
~\\\
~~~
~
~?L' ]~'-
~~ I '-/,
ffA~ J; )
~ e =r/
~ l- II~.
~ ~ J J:t I m
. ~~.
~ II;;I~,
~ ~ -<19
~--& };~ ~I ~$'
~o/'/ 1ff~;{JS:i
~ :;.l ~,,~C~C::~
/ I.:y" A' I::i ~.
~ ...~~ ~~~
v ~ ~ ," ~ ?
-d....:\ -' - C:7
fJ\)~
W / I 'ri ~l -\
,~ l:Jlll~
~ 'h vr::;! /'
( -?.,V/i 1f:::.
~V/~ ~
~~
~,J)
~'~
~
,,~ \.
:)~
m~
E
~ ==
B~
.-'~
~ c..
~i==S1
""
II
~I
"
i::=:
~~
\l>>;
1
~
,
\
Uf'0:: ~~
~,~~
/)oO.,~ ~ _ I.
~ l' 4CHMENT 13 -I it
.
.
.
Ii
i!
c 5
-.
I,
.
i
__2-
~
~'~
~ ~ A
J;~
\\\II
1
~I
0~ ~
\
I
\
ffi\
..-<'C
-~
: TT ACHMENT P - t7
/
I
2f
~...
o
-4 '"0
:r QrT'l
rTl (J)Z
~ ~~
-< -4~
~~-
9 o~
F ....
1> ~~
~ Cl" 1>
-4 ~
1> f"T1
OPE:\ SPACE DISTRICT :\0. 31
ATTACHMENl p-It
CITY OF CH1:U VISTA
COt.::\TY .oF SA."; DIEGO. STATE OF CAUFOR:-;IA
TELEGRAPH CAXYOX ESTATES
)
.
I
r.
.,;.
!.
.
. ....,.s,.. :uo :."
. ~ J .
"
. ,j ~ I ". . .
:' -1",'1 ...,.... .....'.:r. ..I....:.:'
. . '_!.. j . ; I i..
, '
!.=-J..I../..i..:... i.1-1-. i-I_ ]
,..' . If, I . I .
. .....l.S'..
......
. ..
::~ -
..; ...
-a. _
.
i
.......::.
..........
..........
)
W[r(IItf"'C[ 'S "'[ffA'T WAX TO -..( cOUOro- or
SAfIlI D.lCO. uscssoa .AItC[_ ....... ;-0. 'tTAILO
DllIt'GO'a or olQN D~ ...ct.S.
AJlI ASSDSItft"IT _as ..tYIC .,. 1Ht crrr COUNt... Dr n-t
CI1T Of' 00II..& VIr.&.. STA1T or C6&..fS"CNtNa&. CN ...-:t-s
OF ..AND s-ow-- QIIl ... S ....[..QCJ a\SSE'SSIII[NT ~AM ~...
SA D ASSESSMENT w4S ..Iv.c 0flI ""1 __ DAT Of __,
'.. 11t3. 1t[f'tA!1IIC[ $ MAX: TO --wt ASS[$$M['("" RO.J.
;lttCORDtD .. THe 0N'JCt Dr ....r c.- ttrtClHttII r~ TM[
rueT AMOUIW'"' Of' [At.. ,uSCSs..rNT .meD A(:&1lIf$'T ::&.:H
:>nctl or ..A"O S-OW'll ON TH S ....[IIIDO US!.SSlllr..T
:>>tAG......
t:ITY l;U~< ... l:" g. ,l;MU..... 'i1STA
",. ,. - '.13 .caa
"'- II - 1.12 ACftS
LOT Ie - ..... AC1ItS
LO'" 2. ... 70." AClttS
LG"20 - 2..4~
ur. .. - 1.100 #.CaD
ltECOIl'DtD ... TM[ 0"I::t or "JoI[ CI":'Y [NCUN[t_ or T04(
crrr or o.u.... 'ttS"'A TMtS _ DAT or . '''1.
CIT'I' ENGoNHIt - l: . g. Q4U~ V1sra
q,m fill THt DrTJ:t or -oft CT"'" et.r.tc or -..t c"'"
or CHULA v.st.. TMrS _ DIo" or . ."3.
~
CIT'" cu:ltl( - C;-' OJ eMU" 'lIST'"
__ _ .A$S[$$1IItNT D.ST"~ ~
c:::>
ASStSSMtfifT HUMIC'
r'lrtl TM5 _ 0.&" or _. -"3 AT _ IN
THE orflct or tM[ COUhTT AUD"CHI: Of TN[ COUNTl Of $&111
DIEGO. StAn 01 C.AL rCHIN......
I
I :~
[';'I,I;/;~
.ltlt.c.t.--rD o-rlll SP...ce
-
,..
-....
'00
6CO
lOG
CtlUNTT ...up 0IIt Of ~.. g&LtoQ r;gu'll ..
c
OtttuMt....o\L LANDSCA"C
c.......c SC6Lt
)
fIIOtiI-HtIt-C,A:rc OttEN S~..Ct
~C'..J! '.~.~"'SMf_,"',
-... _._--
~',=,,-------...:..r---
'?-4
OPEN SPACE OIS'"RICT NO. 31
SHErr NO. 1 or .
_:....__. )'.''''Ct ). . II"''' 41~'. ",..- "II ...-...,,. D - ~-:)o.,
r IIMIII I
I
1111 L~
I
P, IIIII,!
I I
I 1I111.!
J lSi
~
0
1'1 m >
~
... @:E
f I ~~, ~>
. ~ ffic:(
,', I' ~I ~
lSi
If a=:
~a
I :.-
J nZ
i ffiliiil
. a
I ~a
f -'
a:
-to.
=.
t nrM
! -t<
I !~I 0
~p
Crr-
. :.
i ~~
. ~ffi
30
J;i
I':
I
I
I
.-
'i 11'1'1 rl~ Ii
'1111 I i II
I .
I-II .
ATTA.CHMENT 5-/1
u
I
ATTACHMENT (3-?-f;
. .,
...
.C(
"
c:
,S
.
o
z
cz
t- c..j-
#, -,
~ If
. . ~ ;! ~~
g .~~<[.
. ~ ~ti
i ~Si
z Go
LLI...~
t- gl5
~ >-~
c::t t:.
~ g~
~i
t;
c:t:
LLI
---2
p.
uI
"l
.
t-l
..
.;"
'----
3/
. I
EAST LAKE
~
t""""ACI-IMENT t::>-;;2-/
AGRAM
MAINTENANCE . DISTRICT
NO. I
CITY OF CHULA VISTA
COUNTY OF SAN DIEGO. STATE OF CALIFORNIA
.
~.fi'}. -~ o~~-,~ - - -
.4'./'\\ ,,~
I' ~~/l/l .........;.:::--=~~, /;~:::::.
i .~II \\ ..... .... ,,~ /"
I 1~/iI ,J!... ",;::;-;;.."'" '\" /. Y'
\ I : /' / f'.:.:::-1/ · ",./.f
1I1[l / I II ~'
II: I Ii II II;
II I \ \ \\ ~!
I I, ,I i' I \ ZONE B .
1 jl II
j r !I r F = -I F~ _____..J'&l\
I " I II'~' ....,----.... .,
~ ~==:::::/, ~
iI' IF: II ~\~~
II I /f \\ ~
1111 II \ \ ~
II', ~"
II \~. ",,)..
(I '\" "
r" -
,,~ I' ~
,,~ ,~/ \~
"~ ,"" J~
~ "," \\\
I :::::-=___~7 ...!
--- ~~",,--
-- .,.
---;;.-...-;;. .....
......-- -.-.
---
- -- .
_..__Col. ........ *111'0 'M: -...r'I'r ..
.... ...O,O....u.OIl.___.nMD
........ Of _.lI\.'Jl~.
..
3?
_ yo 1 .... --' lID. J
.., IIU lIP .
EAST LAKE
GRAM
MAINTENANCE DISTRICT NO. I
ATIACHMENl B- 2. 'Z.-
J
. CITY OF Q4ULA VIS T A
COUNTY OF SAN DIEGO, IT ATE OF CALIFORNIA
~-
('
/'
.. ............... '
L._
+
-
I
.
ZONE C
I
,
__ . __ _ 'ID'" -"'"' Of
_...IlO....UIOll...=a.---
....... or~. T .AI ...--. eo
37
...,..-.. 11 .-..., - J
~ tID.I II' .
.,-.::,<.-:-\
c.--
I
~\ \\
P ~>-,.__
~ (...
\.
_\-~/
l
I
I
I--~--.~
I
-r----
.I
~//
/ -EA-
......
.......
ia
I'
~/
/
I
I ((
)3/<
~
/1
,
"'--.
-.......
'\
~~\
I !-
ATTACHMENl V
~
// \
-;/ \....--
~.
~'
\
\ ~
~(fc-
=~---
- -
- ~--
~-
,', T"- ACHMENT
---
t:.- I
em- Of
CHULA. VISTA
;~~
/. .... 6'$'.
-~~- ~ ~....
"'1' '"ge -
1.'....1\ .l.J '" I,,;'
RECE\VED j
DE?AR7MEfl:7 OF PU3L1C WORKS
ENGINEERING DIVISION
NOTICE OF PUBLIC HEARINGS
-, "
"... ,
.-~~199'
The City Council will consider the annual assessment (proposed Fiscal Year 1999/2000) for
maintenance of the Open Space District areas at public hearings scheduled for.
June 22,1999 (Tuesday) at 6:00 p.m.
July 13, 1999 (Tuesday) at 6:00 p.m.
The hearings will take place in Council Chambers, 276 Fourth Avenue, Chula Vista and are for the
purpose of taking testimony on the assessment proposed by staff. The hearings are intended to
provide an opportuniry for properry owners within the district to convey and express to the City
Council their support or opposition to the proposed assessment. At the second hearing (July 13,
1999), the City Council will consider and may confirm the proposed assessment as set fonh in this
notice or may choose to decrease the final assessment for Fiscal Year 1999/2000 after considering
all public testimony. Please be advised that letters of support or opposition may be filed during the
public hearings or filed by mail prior to the second hearing at City of Chula Vista, City Clerk, 276
Fourth Avenue, Chula Vista, CA 91910.
This assessment is not a "new" assessment. City Council considers the amount of the open space
assessment each year, takes public comments, and then determines the assessment amount. The
purpose of the annual assessment is to continue maintenance of the Open Space District areas
adjacent to or near property owned by you.
On the reverse side of this letter within the box, you will find the Open Space District Number
(OSD#), the proposed assessment (FY 1999/00) and your current assessment (FY 1998/99). The
proposed assessment equals your current assessment increased by the Consumers' Price Index (CPI)
which is estimated at 3.6%. Please note that the City Council may choose to collect less than the
assessment depending on interest earnings, cost savings, etc. within the Open Space District Fund.
The amount will be collected in two installments on your property tax bill.
Your participation in this process is encouraged. Should you need additional information, have any
questions or wish to set up an appointment with staff, please call Elizabeth Chopp or Robert
Beamon, Department of Public Works-Engineering, at (619) 691-5021.
I of'PC:>9b IH \.s I f\)~A~
[to A&ESSME:DT.
~cor<. 2u..:)~~
3r:;,
276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 920101(619) 691-5021
VH5
ATTACHMENT r; - z..
Rt:'r;:-!i/-""
........~:t t..0
-;;.. Avena:u: Jt.....2 Barcc: - ::ni,ft2 V~ :;..c. - 9191:'" ~
June S. 1999
'99 J.ti 16 in :20
ClIY of Chula V ISla
Cil)' Clerk
276 Fourth Avenue
Chula Vista CA 91910
CITY OF CHU,-t. \'1:
CITY CLERK'S OFi=i~~
Re:Annual assessmenll for Fiscal year 199912000 for mainlCllallcc of OSD# 0151'20
.1\5 the above affects me and ] am unable to attend. I would like 10 express ~. opinion. As this IS a
Me1lo-Roos area ] feel that we are taxed enough without an additional .<CPCCmenl being utilized. and am in
suppan of a decrease.
_~in=IY:_ U~/P ~
~ma M. SCOIlO .
--~.--
/'. '.- -,
/ ',:..r
c. .
V J.
.;. ~
-
,-
JUt; 1999
RECEIVED
'':::
~.
-
.:-, " /~'.:>
~.
37
OS/21/1999 09:27
5194218161
XHi STRASNEP
PAGE Ell
,..-- .
ATIACHMENT t::-~ '?
.Iohn Stnlsner
1389 Don Cart_ Ct.
ChuLa Vista CA 91910
Phon. 619-42 I -8485
Memorandum
To: Chul. Visla City Council
~ cc: Rob.rt B""",on, Joel chew. file
From: John SlJll5ner
DaIR: 06121/99
Re: Annual ....Mment h..ring on Op.n SpllC. (OSDl/DISTI)
Unfortunately I will not be .ble to attend the meeting of JWle 22 on the annual ass...ment for
mainttoJlancc of the Open Space in district 1. However 1 WDuld lila: to make a not. to the members
regarding the following.
Before'any con.ideration i. giv.n to an inCTell$o for maintenance the Council should receive refund
for fee> paid to cUITent <:on_r. Ther. has be.n no maintenance petfutmed on the Buena Vi.
KCtion 1hat runs into Telegraph road. This area has been gc:ltiIij: wane by the new construction and
the median section has not only lost n-ee., it has not had grass or othc:r refinements for neatly two
years. In addition, the south portion of the H .treet section is littered and maintained les. than once
per month.
As good bUlliness p=tioe all oflbe above must b. considered prior to implementation of any new or
r.n.wal of old maintenance contracts.
Best Regards.
P* Sttr.. p-
f'I;2Ii~i\j;;:
. >- .~~ ". ::
....
3:?
COUNCIL AGENDA STATEMENT
,/
Item /..!J
Meeting Date 7/13/99
ITEM TITLE:
Public Hearing: Open Space Districts 1-9, 11, 15, 17, 18,20,23,24,26,31,33, and
Eastlake Maintenance District No.1 for Fiscal Year 1999-2000.
R I. ;r/~O;J.J;d~' d' fa il" be . . d
eso ution r enng certain open space an mamtenance cities to mamtame,
approving modification to the Engineer's Report and levying the assessments for Fiscal
Year 1999/2000 levy of assessments for City Open Space Districts 1-9, 11, 15, 17, 18,20,
23,24,26,31,33,. and Eastl~e jintenance District No.1.
Director of Public wor~ IF
City ManageO&._ / (4/Sths Vote: Yes_No.x)
.l~ v\ v
SUBMITTED BY:
REVIEWED BY:
In accordance with the City Municipal Code Section 17.07, the City Engineer prepared reports on the spread of
assessments of the open space districts. The reports were accepted and the required public hearings were set by
Council at its meeting of May 18, 1999. The fIrst public hearing was conducted on June 22, 1999. This agenda
statement includes information related to the above districts and general information related to Open Space District
10 and Open Space District 14.
RECOMMENDATION: That Council:
I) Open the hearing, take testimony, close the hearing.
2) Direct staff to tally all protests.
3) Adopt the resolution to approve modifIcations to the Engineer's Report and levy the assessments
for Fiscal Year 1999/2000.
4) Authorize staff to begin the process of determining assessments for Fiscal Year 2000/2001.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
This agenda statement is the yearly resolution of intention to assess property owners for open space maintenance
within the City. Table 1 contains the name and location of the districts. Table 2 relates the present year's
assessment to the proposed assessment and collectible for FY 1999/2000. Following Table 2, there is some general
information that applies to all the districts and then each district is analyzed individually. That is followed by a
description of the noticing that is required.
Council should be advised that the following two agenda items contain the same information on Open Space District
No. 10 and Open Space District No. 14 which were separated due to conflict of interest concerns.
The Bay Boulevard and Town Center Open Space Districts were separated due to Proposition 218 issues because
these districts were not fonned as the result of a 100% petition from the landowners. It was recommended by the
City's Bond Counsel, Warren Diven, to mail ballots and conduct a public hearing with the property owners in those
/~//
Page 2, Item_
Meeting Date 7/13/99
two districts in order to validate the formation of the districts. On June 8, 1999, a Resolution of Intent was adopted
which set a separate public hearing on these districts for July 27, 1999.
Back~round
Pursuant to Article 4, Chapter 1, Part 2 of the Division 15 of the California Streets and Highways Code, also
known as "Landscaping and Lighting Act of 1972" and the City of Chula Vista Municipal Code, Chapter 17.07
-Open Space Districts, the City Engineer has prepared and f1!ed the annual reports for all existing Open Space
Districts in the City. The name and location of each open space district is shown in the following table.
TABLE 1
Open Space Districts Within the City of Chula Vista
Open Space District Name Location
No.
I EI Rancho del Rey Units 1-4 Between East H Street and Telegraph Canyon Road
east of Paseo Ranchero
2 Lark Haven South and east of Lorna Verde Park
3 Rancho Robinhood Units I &'2 South of Allen School Lane
4 Bonita Ridge Camino Elevado
5 Southbay Villas Northern end of Crest Drive
6 Hillt<J]lVista Camino Vista Road
7 Zenith Units 2, 3, and 4 North and south of Palomar, east of I-80S
8 Rancho Robinhood Unit 3 Surrey Drive
9 EI Rancho del Rey Units Paseo del Rey, north of Telegraph Canyon Road
11 Hidden Vista Village East H Street, east of I-80S
IS Bonita Haciendas Canyon Drive, east of Otav Lakes Road
17 Bel Air Ridge Northeast of Paseo Ladera and East J Street
18 Rancho del Sur Easterly end of East Naples Street
20 Rancho del Rev North of East H Street, west of Otay Lakes Road
23 Otay Rio Business Park West of Heritage/Otay Valley Road, south of Otay
Rio Road
24 Canyon View Homes Rut!(ers A venue, south of East H Street
26 Park Bonita West of the intersection of E Street and Bonita
Road
31 Tele!(raph Canyon Estates North of Otay Lakes Rd, west of "SR 125"
33 Broadway Business Home Village West side of Broadway between J Street and K
Street
/5"02
.
Page 3, Item_
Meeting Date 7/13/99
TABLE 1
Onen Snace Districts Within the City of Chula Vista
ELMD #1 Eastlake Maintenance District Along East H Street and Otay Lakes Road, adjacent
to SR125
These reports were prepared by the City Engineer or under his direction and are presented to Council for approval
in order to proceed with the public hearings set for June 22, 1999 at 6:00 p.m. and July 13, 1999 at 6:00 p.m. in
accordance with the Landscaping and Lighting Act of 1972. The reports cover districts listed in Table 1.
Staff proposes for FY 1999/2000 that the assessment be kept within that amount previously approved, increasing
the FY 1998/1999 assessment by an inflation factor. In all cases, staff has set each collectible lower than the
proposed assessment for each district. Per the City's Municipal Code, the inflation factor is the lesser of the
January to January San Diego Metropolitan Area All Urban Consumer Price Index (CPI) or the change in the
estimated California fourth quarter per capita personal income as contained in the Governor's budget published in
January. The CPI is estimated at 3.6 % based on the San Diego Metropolitan Area and 4.97 % based on the change
in the estimated California fourth quarter per capita personal income. Therefore, staff will use the estimated CPI
figure of 3.6% based on the San Diego Metropolitan Area, which is the lesser of the two figures. Assessment
increases equal to 3.6% (CPI) are not subject to majority protest. Only assessment increases over the CPI are
subject to majority protest. All of the districts were formed as the result of a 100% petition by the land owners
and are exempt from the provisions of Proposition 218.
Assessments & Collectibles
Ordinance 2631 also made the distinction between the assessment and the amount that the City may collect against
the assessment (collectible). The assessments for FY 1999/2000 are proposed at FY 1998/1999 amounts increased
by the inflation factor (CPI) pursuant to Municipal Code Section 17.07.035. The collectibles, on the other hand,
are equal to or less than the proposed assessments based on the budget, reserve requirement, savings and fund
balances, including interest earnings and prior years' savings. Under staff's recommendation, none of the open
space districts are subject to a majority protest on the increase.
The proposed assessments and collectibles for Fiscal Year 1999-2000 are as follows:
TABLE 2
PRIOR FY'S VS. FY 199912000 ASSESSMENT/COLLECTIBLE
OSD FY 99/00 Proposed Proposed
FY 97/98 FY98/99 FY98/99 CAP: FY 99/00 FY 99/00 FY 99/00
Assmntl Collectionl Assmntl FY98/99 Assmntl Collection! Revenue
EDD EDD EDD Assmt + EDD EDD
CPI(2)
I $89.61 $40.00 $90.60 $93.86 $93.86 $40.00 $26,472
2 41.58 33.00 42.04 43.55 43.55 33.00 8,217
3 284.61 287.00 287.74 298.10 298.10 286.00 36,322
4 300.61 223.00 303.92 314.86 314.86 223.00 46,830
5 293.15 176.00 296.37 307.04 307.04 175.00 21,350
6 144.97 76.00 146.56 151.84 151.84 76.00 12,312
7 101.27 88.00 102.38 106.Q7 106.07 88.00 9,152
8 462.63 366.00 467.72 484.56 484.56 363.00 39 930
/S-0
Page 4, ltem_
Meeting Date 7/13/99
OSD FY 99/00 Proposed Proposed
FY 97/98 FY98/99 FY98/99 CAP: FY 99/00 FY 99/00 FY 99/00
Assmnt/ Collection! Assmntl FY98/99 Assmntl Collection! Revenue
EDU EDU EDU Assmt + EDU EDU
CPI(2)
9 131.11 132.00 132.55 137.32 137.32 132.00 50,688
11 89.54 53.00 90.52 93.78 93.78 53.00 70,015
15 276.13 214.00 279.17 289.22 289.22 213.00 12,141
17 132.18 62.00 133.63 138.44 138.44 42.00 1,932
18 312.33 222.00 315.77 327.13 327.13 221.00 96,135
20 308.95'1) - - - - - 913,464
Zone 1 DB 48.27 0.00 48.80 50.56 50.56 0.00 (3)
Zone 2 RC 3.67 3.71 3.71 3.84 3.84 3.84 (3)
Zone 3 H 5.22 2.80 5.28 5.47 5.47 4.38 (3)
Zone 4 BC 19.45 19.66 19.66 20.37 20.37 20.37 (3)
Zone 5 I 293.30 281.98 296.53 307.20 307.20 307.20 (3)
Zone 6 II 225.36 163.80 227.84 236.04 236.04 163.23 (3)
Zone 7 III 139.11 140.55 140.64 145.70 145.70 145.70 (3)
Zone 8 NDB 32.07 0.00 32.42 33.59 33.59 0.00 (3)
Zone 9 TCC 25.47 13.26 25.75 26.65 26.65 13.23 (3)
23 357.10 112.00 361.03 374.03 374.03 85.00 7,579
24 535.12 375.00 541.01 560.48 560.48 447.00 17,880
26 419.99 229.00 424.61 439.90 439.90 228.00 4,332
31 433.85 108.00 438.62 454.41 454.41 1.00 345
33 1072.22 0.00 1084. OJ 1123.04 1123.04 0.00 0
ELMD #1(4) - - - - - - $208,757
Zone AELI 9.93 8.48 10.04 10.40 10 .40 9.07 (S)
Zone B ELG 16.24 11.53 16.42 17.01 17.D1 12.13 (5)
Zone C OTC 134.52 7.83 136.00 140.90 140.90 6.12 (5)
Zone D SCI 179.41 181.38 181.38 187.91 187.91 175.44 (5)
Zone E TC 25.58 13.56 25.86 26.79 26.79 13.28 (S)
(1) Represented average residential assessment in SPA I.
(2) FY 1999/2000 assessment may be set at or below this cap without being subject to a majority protest.
(3) Revenue for all zones included in overall District 20 amount.
(4) All areas share in the cost of Olay Lakes Road medians and off-site parkways.
(5) Revenue for all zones included in overall ELMD 1 amount.
In general, most budgets have increased due to adjustments in water and contract services. The increase in water
is due to projected rate increases and the increase in contract services is due to a CPI clause on contracts.
Savings from prior years are proposed to be used to supplement the property owners collections to provide the
revenue needed for FY 1999/2000 maintenance while maintaining reserves between 50%-65% (City Code requires
reserves between 50 % -100 % ). Staff typically does not retain reserves above 65 % in consideration of property
owners direction to return as much excess funds as practical. However, where maintaining a 65 % reserve could
result in future steep rate increases, staff recommends maintaining the current rate. For those districts where the
reserve still exceeds 50-65 %, staff recommends using the savings to offset some of the assessments to give lower
collectibles. This practice should help avoid reserves in excess of 100% in future years, thereby avoiding
/S~'I
Page 5, Item_
Meeting Date 7/13/99
processing refund checks. Staff generally tries to keep the assessments within the CPI amount allowed by the
Municipal Code each year.
The following summarizes the major changes for each district. Pursuant to the ordinance, staff has made a
distinction between the assessment and collectible amount; the assessment, estimated cost and collection will
become the same number whenever an increase in assessment is necessary. The proposed assessment per ED U
for FY 1999/2000 represents, in all cases, the prior year's assessment with an inflation factor of 3.6%. The
assessment per ED U is the figure to be mailed to the property owners and the collectible is the amount to be
collected which is affected by reserves, savings, etc. The collectible per EDU reflects impacts of the reserve
requirements, ending fund balances and savings. For a detailed outline, see Attachment A.
CAP: Proposed Proposed
FY97/98 FY98/99 FY98/99 FY98/99 FY99/oo FY99/oo FY99/00
Assmt/ Collection! Assmt/ Assmt + Assmt/ Collection! Revenue
EDU EDU EDU CPI EDU EDU
OSD No. 1 $89.61 $40.00 $90.60 $93.86 $93.86 $40.00 $26,472
EI Rancho del Rey
Units 1-4
Staff recommends that the assessment remain the same as FY98/99 plus a CPI of 3.6 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $40 per Equivalent Dwelling Unit (EDU),
which is less than the assessment of $93.86. Since the budget per EDU of $75.60 exceeds the collectible amount,
staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of
prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 82 % .
The General Fund will be reimbursed $7,762 for City staff services from the Open Space District Fund for FY
1999/2000.
CAP: Proposed Proposed
FY97/98 FY98/99 FY98/99 FY98/99 FY99/oo FY99/00 FY99/00
Assmt! Collection! Assmt/ Assmt + Assmt/ Collection! Revenue
EDU EDU EDU CPl EDU EDU
OSD No.2 $41.58 $33.00 $42.04 $43.55 $43.55 $33.00 $8,217
Lark Haven
Staff recommends that the assessment remain the same as FY98/99 plus a CPI of 3.6% as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $33 per EDU, which is less than the assessment
of $43.55. Since the budget per EDU of $44.47 exceeds the collectible amount, staff recommends utilizing the
fund balance to make up the difference. Funds are available to do this because of prior years' savings and by
adjusting the reserve balance. The reserve under this recommendation will be 90%. The General Fund will be
reimbursed $2,144 for City staff services from the Open Space District Fund for FY 1999/2000.
Because the budget exceeds the proposed assessment, Public Works (including Open Space staff) will review the
district's budget and reserve in future years in an attempt to lower the budget and to determine whether there are
additional savings.
~ --
J}:y /~
Page 6, ltem_
Meeting Date 7/13/99
CAP: Proposed Proposed
FY97/98 FY98/99 FY98/99 FY98/99 FY99100 FY99/00 FY99100
Assmt! Collection! Assmt! Assmt + Assmt! Collection! Revenue
EOU EOU EOU cpr EOU EOU
OSO No.3 $284.61 $287.00 $287.74 $298.10 $298.10 $286.00 $36,322
Rancho Robinhood
Units 1 & 2
Staff recommends that the assessment remain the same as FY98/99 plus a CPI of 3.6% as set forth in the Chula
Vista Municipal Code. Staff recommends a collectible of $286 per EDU, which is less than the assessment of
$298.10. Since the budget per EDU of$3I3.57 exceeds the collectible amount, staff recommends utilizing the fund
balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting
the reserve balance. The reserve under this recommendation will be 82 %. The General Fund will be reimbursed
$6,290 for City staff services from the Open Space District Fund for FY 199912000.
Because the budget exceeds the proposed assessment, Public Works (including Open Space staff) will review the
district's budget and reserve in future years in an attempt to lower the budget and to determine whether there are
additional savings.
CAP: Proposed Proposed
FY97/98 FY98/99 FY98/99 FY98/99 FY99/00 FY99/00 FY99/00
Assmt! Collection! Assmt! Assmt + Assmt! Collectionl Revenue
EOU EOU EOU cpr EOU EOU
I~SO No.4 $300.61 $223.00 $303.92 $314.86 $314.86 $223.00 $46,830
Bonita RidJ!;e
Staff recommends that the assessment remain the same as FY98/99 plus a CPI of 3.6% as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $223 per EDU, which is less than the
assessment of $314.86 per EDU. Since the budget per EDU of $273.12 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 74%. The
General Fund will be reimbursed $8,818 for City staff services from the Open Space District Fund for FY
1999/2000.
CAP: Proposed Proposed
FY97/98 FY98/99 FY98/99 FY98/99 FY99/00 FY99/00 FY99100
Assmtl Collection! Assmtl Assmt + Assmt! Collection! Revenue
EOU EOU EOU CPI EOU EOU
lOSO No.5 $293.15 $176.00 $296.37 $307.04 $307.04 $175.00 $21,350
Southbay Villas
Staff recommends that the assessment remain the same as FY98/99 plus a CPI of 3.6% as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $175 per EDU, which is less than the
assessment of $307.04 per EDU. Since the budget per EDU of $253.78 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 84%. The
General Fund will be reimbursed $5,012 for City staff services from the Open Space District Fund for FY
1999/2000.
/S r-?,
Page 7, Item_
Meeting Date 7/13/99
CAP: Proposed Proposed
FY97/98 FY98/99 FY98/99 FY98/99 FY99/00 FY99/00 FY99100
Assmt/ Collection! Assmt/ Assmt + Assmt/ Collection! Revenue
BOU BOU BOU CPI BOU BOU
10SO No.6 $144.97 $76.00 $146.56 $151.84 $151.84 $76.00 $12,312
HilllOo Vista
Staff recommends that the assessment remain the same as FY98/99 plus a CPI of 3.6 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $76 per EDU, which is less than the assessment
of $151.84 per EDU. Since the budget per EDU of $95.43 exceeds the collectible amount, staff recommends
utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings
and by adjusting the reserve balance. The reserve under this recommendation will be 94%. The General Fund
will be reimbursed $2,777 for City staff services from the Open Space District Fund for FY 1999/2000.
CAP: Proposed Proposed
FY97/98 FY98/99 FY98/99 FY98/99 FY99/00 FY99/00 FY99/00
Assmt/ Collection! Assmtl Assmt + Assmt/ Collection! Revenue
BOU BOU BOU CPI BOU BOU
I~so No.7 - Zenith $101.27 $88.00 $102.38 $106.07 $106.07 $88.00 $9,152
Units 2, 3, & 4
Staff recommends that the assessment remain the same as FY98/99 plus a CPI of 3.6% as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $88 per EDU, which is less than the assessment
of $106.07 per EDU. Since the budget per EDU of $100.49 exceeds the collectible amount, staff recommends
utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings
and by adjusting the reserve balance. The reserve under this recommendation will be 86%. The General Fund
will be reimbursed $2,055 for City staff services from the Open Space District Fund for FY 1999/2000.
CAP: Proposed Proposed
FY97/98 FY98/99 FY98/99 FY98/99 FY99/00 FY99/00 FY99/00
Assmt/ Collection! Assmtl Assmt + Assmt/ Collection! Revenue
BOU BOU BOU CPI BOU BOU
OSO No.8 $462.63 $366.00 $467.72 $484.56 $484.56 $363.00 $39,930
Rancho Robinhood
Unit 3
Staff recommends that the assessment remain the same as FY98/99 plus a CPI of 3.6 % as set forth in the Chula
Vista Municipal Code. Staff recommends a collectible of $363 per EDU, which is less than the assessment of
$484.56 per EDU. Since the budget per EDU of $400.00 exceeds the collectible amount, staff recommends
utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings
and by adjusting the reserve balance. The reserve under this recommendation will be 72 % . The General Fund
will be reimbursed $6,892 for City staff services from the Open Space District Fund for FY 1999/2000.
/--~- ;;
Page 8, Item_
Meeting Date 7/13/99
CAP: Proposed Proposed
FY97/98 FY98/99 FY98/99 FY98/99 FY99/00 FY99/00 FY99100
Assmt! Collection! Assmt! Assmt + Assmt! Collection! Revenue
EDU EDU EDU CPI EDU EDU
OSD No.9 $13I.I I $132.00 $132.55 $137.32 $137.32 $132.00 $50,688
EI Rancho del Rey
Units
Staff recommends that the assessment remain the same as FY98/99 plus a CPI of 3.6 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $132 per EDU, which is less than the
assessment of $137.32 per EDU. Since the budget per EDU of $153.08 exceeds the collectible amount. staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 81 %. The
General Fund will be reimbursed $9,024 for City staff services from the Open Space District Fund for FY
1999/2000.
Because the budget exceeds the proposed assessment. Public Works (including Open Space stafl) will review the
district's budget and reserve in future years in an attempt to lower the budget and to determine whether there are
additional savings.
CAP: Proposed Proposed
FY97/98 FY98/99 FY98/99 FY98/99 FY99/00 FY99/00 FY99/00
Assmtl Collectionl Assmtl Assmt + Assmtl Collection! Revenue
EDU EDU EDU CPI EDU EDU
OSD No. II $89.54 $53.00 $90.52 $93.78 $93.78 $53.00 $70,015
Hidden Vista Village
Staff recommends that the assessment remain the same as FY98/99 plus a cpr of 3.6% as set forth in the Chula
Vista Municipal Code. Staff recommends a collectible of $53 per EDU, which is less than the assessment of
$93.78 per EDU. Since the budget per EDU of $87.61 exceeds the collectible amount, staff recommends utilizing
the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by
adjusting the reserve balance. The reserve under this recommendation will be 98%. The General Fund will be
reimbursed $17,237 for City staff services from the Open Space District Fund for FY 1999/2000.
CAP: Proposed Proposed
FY97/98 FY98/99 FY98/99 FY98/99 FY99/00 FY99/00 FY99/00
Assmt! Collection! Assmtl Assmt + Assmt! Collection! Revenue
. EDU EDU EDU CPI EDU EDU
IOSD No. 15 $276.13 $214.00 $279.17 $289.22 $289.22 $213.00 $12,141
Bonita Haciendas
Staffrecommends that the assessment remain the same as FY98/99 plus a CPI of 3.6% as set forth in the Chula
Vista Municipal Code. Staff recommends a collectible of $213 per EDU, which is less than the assessment of
$289.22 per EDU. Since the budget per EDU of $277.05 exceeds the collectible amount, staff recommends
utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings
and by adjusting the reserve balance. The reserve under this recommendation will be 82 %. The General Fund
will be reimbursed $2,825 for City staff services from the Open Space District Fund for FY 1999/2000.
/-r:;- ~SV
Page 9, Item_
Meeting Date 7/13/99
CAP: Proposed Proposed
FY97/98 FY98/99 FY98/99 FY98/99 FY99/oo FY99/00 FY99100
Assmt/ Collection! Assmt/ Assmt + Assmt/ Collection! Revenue
EDU EDU EDU CPI EDU EDU
I~SD No. 17 $132.18 $62.00 $133.63 $138.44 $138.44 $42.00 $1,932
Bel Air Rid~e
Staff recommends that the assessment remain the same as FY98/99 plus a CPI of 3.6 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $42 per EDU, which is less than the assessment
of $138.44 per EDU. Since the budget per EDU of $114.78 exceeds the collectible amount, staff recommends
utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings
and by adjusting the reserve balance. The reserve under this recommendation will be 100 % . The General Fund
will be reimbursed $2,336 for City staff services from the Open Space District Fund for FY 1999/2000.
CAP: Proposed Proposed
FY97/98 FY98/99 FY98/99 FY98/99 FY99/oo FY99/00 FY99/oo
Assmt/ Collection! Assmt/ Assmt + Assmt/ Collection! Revenue
EDU EDU EDU CPI EDU EDU
OSD No. 18 $312.33 $222.00 $315.77 $327.13 $327.13 $221. 00 $96,135
Rancho del Sur
Staff recommends that the assessment remain the same as FY98/99 plus a CPI of 3.6% as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $221 per EDU, which is less than the
assessment of $327.13 per EDU. Since the budget per EDU of $255.08 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 90%. The
General Fund will be reimbursed $16,547 for City staff services from the Open Space District Fund for FY
199912000.
CAP: Proposed Proposed
OSD No. 20 FY97/98 FY98/99 FY98/99 FY98/99 FY99/00 FY99/00 FY99100
Rancho del Rey Assmnt/EDU Collection! Assmnt/ Assmt + Assmnt/EDU Collection! Revenue
EDU EDU CPI EDU
Zone 1 - Desilt 48.27 0.00 48.80 50.56 50.56 0.00 0.00
Basin
Zone 2 - Rice 3.67 3.71 3.71 3.84 3.84 3.84 $15,305
Canvon
Zone3-HSt. 5.22 2.80 5.28 5.47 5.47 4.38 $27,134
Zone 4 - Business 19.45 19.66 19.66 20.37 20.37 20.37 $53,882
Centre
Zone 5 - SPA I 293.30 281.98 296.53 307.20 307.20 307.20 $551,427
Zone 6 - SPA II 225.36 163.80 227.84 236.04 236.04 163.23 $93,563
Zone 7 - SPA III 139.11 140.55 140.64 145.70 145.70 145.70 $171,458
Zone 8 - North 32.07 0.00 32.42 33.59 33.59 0.00 0
Desilting Basin
/J;"'-/ /
Page 10, Item_
Meeting Date 7/13/99
CAP: Proposed Proposed
OSD No. 20 FY97/98 FY98/99 FY98/99 FY98/99 FY99/00 FY99/00 FY99/00
Rancho del Rey AssmntlEDU Collection! Assmntl Assmt + AssmntlEDU Collection! Revenue
EDU EDU CPI EDU
Zone 9 - Telegraph 25.47 13.26 25.75 26.65 26.65 13.23 $694
Rancho del Rey is a phased development of three Sectional Planning Areas (SPA). SPA 1 is almost completely
developed, SPA II and SPA III homes are under construction. The OSD was established in 1989 encompassing
all three areas with the understanding that the open space improvements would be constructed in phases. Because
this is a large district and not all of the items to be maintained have a benefit to the entire district, OSD 20 is made
up of several zones as indicated above. Every property within the district is in more than one zone.
TABLE 3
Typical Combined Assessment (FY99/00)
SPA I (Zones 1 or 8, 2. 3, & 5) $334
SPA II (Zones I or 8, 2, 3, & 6) $296
SPA III (Zones I or 9, 3, & 7) $162
Business Centre (Zones 1, 2, 3, & 4) *
* Industrial (ver acre) $921
* Commercial (per acre) $1,158
Due to the various zones within OSD 20, a map showing the proposed typical assessments by area has been
attached.
Staff recommends that the assessments remain the same for each zone as FY98/99 plus a CPI of 3.6% as set forth
in the Chula Vista Municipal Code. In each of these zones, staff recommends a collectible which is equal to or
below the proposed assessment. The reserves for each zone vary depending upon the budgets, reserves and
amortized costs (see budget worksheet). The reserve requirement for this district is acceptable, pursuant to City
Municipal Code. The General Fund will be reimbursed $139,272 for City staff services from the Open Space
District Fund for FY 1999/2000.
CAP: Proposed Proposed
FY97/98 FY98/99 FY98/99 FY98/99 FY99100 FY99/00 FY99/00
Assmtl Collection! Assmtl Assmt + Assmtl Collectionl Revenue
EDU EDU EDU CPI EDU EDU
10SD No. 23 - Otay $357.10 $112.00 $361.03 $374.03 $374.03 $85.00 $7,579
Rio Business Park
Staff recommends that the assessment remain the same as FY98/99 plus a CPI of 3.6% as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of$85 per EDD. which is less than the assessment
of $374.03 per EDD. Since the budget per EDD of $142.41 exceeds the collectible amount, staff recommends
utilizing the fund balance to make up the difference. Funds are available to because of prior years' savings and
by adjusting the reserve balance. The reserve under this recommendation will be 100%. The General Fund will
be reimbursed $2,379 for City staff services from the Open Space District Fund for FY 1999/2000.
/.s-~ /0
Page 11, Item_
Meeting Date 7/13/99
CAP: Proposed Proposed
FY97/98 FY98/99 FY98/99 FY98/99 FY99/00 FY99/00 FY99/00
Assmt! Collection! Assmt! Assmt + Assmt/ Collection! Revenue
EOU EOU EOU CPI EDU EOU
OSO No. 24 $535.12 $375.00 $541.01 $560.48 $560.48 $447.00 $17,880
Canvon View Homes
Note: OSO 24 consists of only 40 townhomes sharing in the cost of large, landscaped slopes adjacent to the
townhomes.
Staff recommends that the assessment remain the same as FY98/99 plus a CPI of 3.6% as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $447 per EDU, which is less than the
assessment of $560.48 per EDU. Since the budget per EDU of $502.63 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 85 %. The
General Fund will be reimbursed $3,447 for City staff services from the Open Space District Fund for FY
1999/2000.
CAP: Proposed Proposed
FY97/98 FY98/99 FY98/99 FY98/99 FY99/00 FY99/00 FY99/oo
Assmt! Collection! Assmt! Assmt + Assmt! Collection! Revenue
EOU EOU EOU CPI EOU EOU
loso No. 26 $419.99 $229.00 $424.61 $439.90 $439.90 $228.00 $4,332
Park Bonita
Staff recommends that the assessment remain the same as FY98/99 plus a CPI of 3.6 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $228 per EDU. which is less than the
assessment of $439.90 per EDU. Since the budget per EDU of $339.95 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 100%. The
General Fund will be reimbursed $1,479 for City staff services from the Open Space ~istrict Fund for FY
1999/2000.
CAP: Proposed Proposed
FY97/98 FY98/99 FY98/99 FY98/99 FY99/00 FY99/oo FY99/00
Assmt! Collection! Assmt! Assmt + Assmt! Collection! Revenue
EOU EOD EOD CPI EOD EOD
OSO No. 31 $433.85 $108.00 $438.62 $454.41 $454.41 $1.00 $345
Telegraph Canyon
Estates
Staff recommends that the assessment remain the same as FY98/99 plus a CPI of 3.6 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $1 per ED U, which is less than the assessment
of $454.41 per EDU. Since the budget per EDU of $280.74 exceeds the collectible amount, staff recommends
utilizing the fund balance to make up the difference. Funds are available because of prior years' savings and by
adjusting the reserve balance. The reserve under this recommendation will be 1 ()() % . The General Fund will be
reimbursed $14,514 for City staff services from the Open Space District Fund for FY 1999/2000.
/s..,/ /
Page 12, Item_
Meeting Date 7/13/99
There have been excess funds available in this district because staff anticipated that the turnover of improvements
would occur in FY94/95. Therefore, staff began collecting the assessment with the belief that the City would begin
maintenance that fiscal year. However. turnover of improvements did not occur (except the medians), because
The Baldwin Company, the original owner, did not complete the improvements prior to going bankrupt. This left
excess funds in the district and no revenue was collected FY95/96. For FY96/97, staff anticipated that the turnover
of improvements would occur that fiscal year and, therefore, collected $271 per EDU. Since turnover of
improvements did not occur because a guest builder did not develop the property as anticipated, ouly $1 per ED U
was collected in FY97/98. For FY98/99, it was anticipated that the turnover of improvements would occur in July
of 1998 and therefore $108 per EDU was collected. However, ouly a portion of the improvements were turned
over to the City, which has left excess funds. Although it is anticipated that the turnover of additional
improvements will occur next fiscal year, staff recommends collecting ouly $1 per EDU for FY1999/2000. Funds
are available to do this because of prior years' excess funds. .
CAP: Proposed Proposed
FY97/98 FY98/99 FY98/99 FY98/99 FY99/oo FY99/00 FY99/00
Assmt/ Collection! Assmt/ Assmt + Assmt/ Collection! Revenue
EDU EDU EDU CPI EDU EDU
OSD No. 33 $1,072.22 $0.00 $1,084.01 $1,123.04 $1,123.04 $0.00 $0
Broadway Business
Home Village
No funds collected since inception.
Staff recommends that the assessment remain the same as FY98/99 plus a CPI of 3.6% as set forth in the Chula
Vista Municipal Code. The budget per EDU is $0.00. therefore, staff recommends a collectible of $0.00 per EDU.
The reserve under this recommendation will be 0%, since no construction is anticipated to be completed during
FY199912000.
Community Development has requested, since FY96/97, that no funds be collected because no construction has
been done on this project. However, staff may recommend collecting revenue for FY 2000/2001 because funds
will be needed to do required open space maintenance if construction is completed that fiscal year.
FY 99/00 Proposed Proposed
Eastlake FY97/98 FY 98/99 FY98/99 CAP: FY 99/00 FY 99/00 FY 99/00
Maintenance Assmt/ . Collection! Assmt/ FY 98/99 Assmt/ Collection/ Revenue
District No. 1 EDU EDU EDU Assmt + EDU EDU
CPI
ELMD #1(1) - - - - - - $28,097
Olay Lakes Road
Zone A - 9.93 8.48 10.04 10.40 10 .40 9.07 $69,036
Eastlake 1
Zone B - Eastlake 16.24 11.53 16.42 17.01 17.01 12.13 $34,022
Greens
Zone C - Olympic 134.52 7.83 136.00 140.90 140.90 6.12 $2,035
Training Center
/S,/,z
Page 13, Item_
Meeting Date 7/13/99
Zone D - Salt 179.41 181.38 181.38 187.91 187.91 175.44 $70,439
Creek I
Zone E - 25.58 13.56 25.86 26.79 26.79 13.28 $5,128
Telegraph Canyon I
Channel(2)
(1) All areas share in the cost of Dtay Lakes Road medians and off-site parkways.
(2) Portions of Eastlake I BC and Eastlake Greens are in benefit area.
Costs vary by parcel due to the various zones, land uses and attributed traffic generation factors within ELMD 1.
A map showing the proposed typical assessments by area has been attached. On this map, the Eastlake Business
Center parcels' assessment is shown at $352.37 per acre.
Staff recommends that the assessments for each of the areas remain the same as FY 98/99 plus a CPI of 3.6 % as
set forth in the Chula Vista Municipal Code. Staff recommends an annual collectible, as shown in Table I, which
is below the assessment amount. The reserve for each zone is at 65 % or above.
Olvmpic Trainine Center
On December 17, 1996, City Council, by Resolution 18528, approved an agreement to allow the ARCO Olympic
Training Center to continue maintenance of the Wueste Road landscape improvements. Incorporated in the
agreement are safeguards to ensure the maintenance is performed to City standards. There are indemnity
provisions for both parties for the use of the paths along Wueste Road.
However, OTC turned over to the City the maintenance of a median on East Orange Avenue. Staff recommends
setting the collectible at $6.12 per EDU to cover the maintenance cost. Public Works' staff (Open Space) has
indicated that OTC will continue maintenance of the Wueste Road landscape improvements until the Eastlake
Trails' property has been developed. After this occurs, OTC will turn over all the maintenance to the City as the
property owners within Eastlake Trails will share in the maintenance cost. Presently, OTC is maintaining Wueste
Road slopes with the services of the landscape maintenance firm performing maintenance services within the
Training Center. This contractor is performing this service at a price lower than a typical City solicited price.
Landscape maintenance firms sometimes subsidize the maintenance of high visibility, high publicity areas to take
advantage of publicity opportunities such sites can provide. The proposed assessment was developed on the basis
of the City maintaining all of the Wueste Road landscape improvements. Until the City takes over maintenance,
there will continue to be a large difference between the collectible and the proposed assessment.
Notice
The public hearings were noticed pursuant to Government Code 6063 which requires that notice be published at
least once a week for three weeks and at least 10 days before the second public hearing. Staff mailed notices of
the hearings to all open space districts. The notice informed each resident of his/her district, the current year
assessment, the CPI adjustment and the proposed assessment for FY 1999/2000.
The Public Warks (Open Space staff) has conducted information meetings for all property owners within each
district in March. At the meeting, staff explained the proposed budget to interested owners (approximately 12,000
properties received notice).
Plans, specifications, and assessment roll are on file in the Public Works/Engineering office.
/y/~
Page 13, Item
Meeting Date 7/13/99
The Public Works (Open Space staft) has conducted information meetings for all property owners within each district
in March. At the meeting, staff explained the proposed budget to interested owners (approximately 12,000 properties
received notice).
Plans, specifications, and assessment roll are on file in the Public W orkslEngineering office.
OSD PROTESTS
The following is a summary of protests received for the City's Open Space Districts:
For OSD 1:
1 letter regarding maintenance by John Strasner.
For OSD 2-9, 11, 15, 17, 18,23,24,26,31,33, and Eastlake Maintenance District No.1:
No letters of protest received.
For OSD 20:
I letter protesting assessment increase by Mr. Alfredo Enriquez.
I letter protesting assessment increase by Mrs. Velma Scotto.
FISCAL IMPACT:
Staff costs associated with the open space program are generated by Public Works (including Open Space staff), Data
Processing and Finance. Contractual costs ($809,859) are outlined in Attachment A. These costs are recovered
through tbe Open Space District collectible, causing no net fiscal impact. The total General Fund reimbursement
for City staff services from the above listed Open Space District Funds for FY 1999/2000 is estimated to be
$285,517.
Attachments:
A Cost Summary
B District Maps
C OSD 20 Assessment Map
D ELMD 1 Assessment Map
E Letters of Protest
H:\HOME\ENGINEER\AGENDA\OSR199pl.BOB
06l211999:38am
J~--):I
RESOLUTION NO.
/9.5JS--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING CERTAIN OPEN SPACE AND
MAINTENANCE FACILITIES TO BE MAINTAINED,
APPROVING MODIFICATION TO THE ENGINEER'S
REPORT, AND LEVYING THE ASSESSMENTS FOR FISCAL
YEAR 1999/2000 FOR OPEN SPACE MAINTENANCE
DISTRICTS 1-9, 11, 15, 17, 18, 20, 23, 24, 26,
31, 33, AND EASTLAKE MAINTENANCE DISTRICT NO.
1 .
WHEREAS, prior to the adoption of this resolution, the City
Council has caused the formation of various districts under and
pursuant to either the Chula Vista Open Space District Procedural
Ordinance ("Procedural Ordinance"), as contained in Chapter 17.07
(adopting in substantial part the 1972 Lighti~g and Landscaping Act
("Act") as contained in Streets and Highways Code Section 22500, et
seq., or pursuant to the Act itself designated as follows:
1. Open Space District Nos. 1-9, 11, 15, 17, 18, 20, 23, 24, 26,
31 and 33.
2. Eastlake Maintenance District No.1.
WHEREAS, the districts are exempt from the provisions of
Proposition 218 because 1) the assessments were raised by an amount
equal to or below the CPI; 2) the districts were either formed at
the request of 100% of the land owners; or 3) the improvements are
within the street right-of-way; and,
WHEREAS, in accordance with the Procedural Ordinance, the City
Engineer has prepared a report on the spread of assessments for
said Open Space and Maintenance Districts ( "Engineer's Report");
and,
WHEREAS, on May 21, 1999, the City Council approved the
Engineer's Reports and set June 22 and July 13, 1999 as the dates
for the public hearings; and,
WHEREAS, the proposed individual assessments for Fiscal Year
1999-00 as they compare to the last year are shown below:
1
/~//5'
PRIOR FY'S VS. FY 1999/2000 ASSESSMENT/COLLECTIBLE
OSO FY 99/00 Proposed Proposed
FY 97/98 FY98/99 FY98/99 CAP, FY 99/00 FY 99/00 FY 99/00
Assmntl Collectionl Assmnt/ FY98/99 Assmntl Collectionl Revenue
EDU EOD EOD Assmt + EOD EOD
CPI(2)
I $89.61 $40.00 $90.60 $93.86 $93.86 $40.00 $26,472
2 41.58 33.00 42.04 43.55 43.55 33.00 8,217
3 284.61 287.00 287.74 298.10 298.10 286.00 36,322
4 300.61 223.00 303.92 314.86 314.86 223.00 46,830
5 293.15 176.00 296.37 307.04 307.04 175.00 21,350
6 144.97 76.00 146.56 151.84 151.84 76.00 12.312
7 101.27 88.00 102.38 106.D7 106.D7 88.00 9,152
8 462.63 366.00 467.72 484.56 484.56 363.00 39,930
9 131.11 132.00 132.55 137.32 137.32 132.00 50,688
11 89.54 53.00 90.52 93.78 93.78 53.00 70,015
15 276.13 214.00 279.17 289.22 289.22 213.00 12,141
17 132.18 62.00 133.63 138.44 138.44 42.00 1,932
18 312.33 222.00 315.77 327.13 327.13 221.00 96,135
20 308.95(1) - - - - - 913 ,464
Zone 1 DB 48.27 0.00 48.80 50.56 50.56 0.00 (3)
Zone 2 RC 3.67 3.71 3.71 3.84 3.84 3.84 (3)
Zone 3 H 5.22 2.80 5.28 5.47 5.47 4.38 (3)
Zone 4 BC 19.45 19.66 19.66 20.37 20.37 20.37 (3)
Zone 5 I 293.30 281.98 296.53 307.20 307 .20 307.20 (3)
Zone 6 II 225.36 163.80 227.84 236.04 236.04 163.23 (3)
Zone 7 III 139.11 140.55 140.64 145.70 145.70 145.70 (3)
Zone 8 NDB 32.07 0.00 32.42 33.59 33.59 0.00 (3)
Zone 9 TCC 25.47 13.26 25.75 26.65 26.65 13.23 (3)
23 357.10 112.00 361.03 374.03 374.03 85.00 7,579
24 535.12 375.00 541.01 560 .48 560.48 447.00 . 17,880
26 419.99 229.00 424.61 439.90 439.90 228.00 4,332
31 433.85 108.00 438.62 454.41 454.41 1.00 345
33 1072.22 0.00 1084.01 1123.04 1123.04 0.00 0
ELMD #1(4) - - - - - - $208,757
Zone AEU 9.93 8.48 10.04 10.40 10.40 9.07 (5,
Zone B ELG 16.24 11.53 16.42 17.01 17.01 12.13 (5)
Zone C OTC 134.52 7.83 136.00 140.90 140.90 6.12 (5)
Zone D SCI 179.41 181.38 181.38 187.91 187.91 175.44 (5)
Zone E TC 25.58 13.56 25.86 26.79 26.79 13.28 (5)
2
IS-I;
OSD FY 99/00 Proposed Proposed
FY 97/98 FY98/99 FY98/99 CAP: FY 99/00 FY 99/00 FY 99/00
Assmntl Collection! Assmntl FY98/99 Assmntl Collection! Revenue
EDU EDU EDU Assmt + EDU EDU
CPI(2)
(I) Represented average residential assessment in SPA I.
(2) FY 199912000 assessment may be set at or below this cap without being subject to a majority protest.
(3) Revenue for all zones included in overall District 20 amount.
(4) All areas share in the cost of Otay Lakes Road medians and off-site parkways.
(') Revenue for all zones included in overall ELMD 1 amount.
NOW, THEREFORE, BE IT RESOLVED as to all Open Space and
Maintenance Districts herein referenced that the City Council of
the City of Chula Vista does hereby find that written protests
against the proposed assessment adjustment has not been made by
owners representing more than one-half of the area of the land to
be assessed from the improvement and confirms the diagram and
assessment contained in the modified Engineer's Report, and orders
the open space and maintenance facilities to be maintained. The
adoption of this resolution shall constitute the levy of the
assessments as proposed in the modified Engineer's Report for the
1999-00 fiscal year and set; forth hereinabove for Open Space
Districts 1-9, 11, 15, 17, 18, 20, 23, 24, 26, 31, 33, and Eastlake
Maintenance District No.1.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
~~~
John M. Kaheny
City Attorney
H:\home\lorraine\rS\OSLevy.all
3
/S-//?
COUNCIL AGENDA STATEMENT
Item J?
Meeting Date 7/13/99
ITEM TITLE:
Public Hearing: Open Space District No. 10 for Fiscal Year 1999/2000.
R I. / 9f20" Cod .. d' ~ '1" be
eso utIon r enng certam open space an mamtenance laclltles to
maintained, approving modification to the Engineer's Report and levying the
assessments for Fiscal Year 199912000 Open Space District No. 10.
Director of Public W orksf. hi
City Manager112-v.cr~ (4/5ths Vote: Yes_NoX)
Based upon the advice of the City Attorney, agenda items and have been separated due to conflict
of interest concerns. Two Council members own property subject to the proposed assessment in this
district. Council should note that agenda statement gives all background information and details
on open space districts in general which is applicable to this item, but does not include specific
information on Open Space District 10.
SUBMITTED BY:
REVIEWED BY:
RECOMMENDATION: That Council:
1) Open the hearing, take testimony, close the hearing.
2) Direct staff to tally all protests.
3) Adopt the resolution to approve the modification to the Engineer's Report and levying the
assessments for FY 199912000.
DISCUSSION:
This agenda item is the yearly resolution to assess for open space maintenance within Open Space District
Number 10 located along East J Street, west of Paseo Ranchero (see Attachment A). Table 1 relates the
present year's assessment to the proposed assessment for Fiscal Year 1999/2000. Agenda item /Sof
tonight's agenda contains all the general information regarding open space districts.
TABLE 1
PRIOR FY'S VS. FY 1999/2000 ASSESSMENT/COLLECTIBLE
FY99100 Proposed Proposed
FY97/98 FY98/99 FY98/99 CAP: FY99/oo FY99100 FY99/00
Assmt/ Collection/ Assmtl FY 98/99 Assmtl Collectionl Revenue
EDD EDD EDD Assmt + EDD EDD
CPI(I)
Open Space District No. 10
EI Rancho del Rey 6 & $88.48 $87.00 $89.45 $92.67 $92.67 $87.00 $57,278
Casa del Rev
(1) FY 1999/2000 assessment mav be set at or below this caD without bein2 subiect to a maioritv orotest.
J?-/
Page 2, Item! b
Meeting Date 7/13/99
Staff recommends that the assessment remain the same as FY 98/99 plus a CPI of 3.6% as set forth in the
Chula Vista Municipal Code. However, staff recommends a collectible of $87 per Equivalent Dwelling
Unit (EDU), which is less than the assessment of $92.67. Since the budget per EDU of $88.41 exceeds
the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are
available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under
this recommendation will be 76%. Because this district was formed as a result of a 100% petition by the
land owners and the assessment is not being raised above the CPI, as provided for in assessment formula,
this district is exempt from the provision of Proposition 218.
OSD 10 PROTESTS
No letters of protest received.
FISCAL IMPACT:
Staff costs associated with the open space program are generated by Public Works (including Open Space
staft), Data Processing and Finance. Contractual costs ($31,525) are outlined in Attachment B. These
costs are recovered through the Open Space District collectible. causing no net fiscal impact. The General
Fund will be reimbursed $8,941 from the OSD fund for FY 1999-2000.
Attachments:
A District Map
B Estimate of Cost
H:\HOME\ENGINEER\AGENDA \OSDlOpI ,BOB
/i-~
RESOLUTION NO.
/9.5'.3' h
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING CERTAIN OPEN SPACE AND
MAINTENANCE FACILITIES TO BE MAINTAINED,
APPROVING MODIFICATION TO THE ENGINEER'S
REPORT AND LEVYING ASSESSMENTS FOR FISCAL YEAR
1999/2000 FOR OPEN SPACE DISTRICT NO. 10
WHEREAS, prior to the adoption of this resolution, the
City Council has caused the formation of various districts under
and pursuant to either the Chula Vista Open Space District
Procedural Ordinance ( "Procedural Ordinance"), as contained in
Chapter 17.07 (adopting in substantial part the 1972 Lighting and
Landscaping Act ("Act") as contained in Streets and Highways Code
section 22500, et seq., or pursuant to the Act itself designated as
Open Space District No. 10; and
WHEREAS, in accordance with the Procedural Ordinance, the
city Engineer has prepared a report on the spread of assessments
for said Open Space and Maintenance Districts ("Engineer's
Report"); and,
WHEREAS, the districts are exempt from the provisions of
Proposition 218 because 1) the assessments were raised by an amount
equal to or below the CPI; 2) the districts were either formed at
the request of 100% of the land owners; or 3) the improvements are
within the street right-of-way; and,
WHEREAS, on May 18, 1999, the City Council approved the
Engineer's Report and set June 22, 1999 and July 13, 1999 as the
dates for the public hearings; and,
WHEREAS, the proposed individual assessment for Open
Space District 10 for Fiscal Year 1999-00 is shown below:
PRIOR FY'S YS. FY 99100 ASSESSMENT/COLLECTIBLE
FY 99/00 Proposed Proposed
FY97/98 FY 98/99 FY 98/99 CAP: FY99/00 FY99100 FY99/00
Assmt/ Collection/ Assmt/ FY 98/99 Assmt/ Collection/ Revenue
EDU EDU EDU Assmt + EDU EDU
CPI(1)
Open Space District No. 10
El Rancho del Rey 6 & $88.48 $87.00 $89.45 $92.67 $87.00 $87.00 $57,278
Casa del Rey
(1) FY 99/00 assessment may be set at or below this cap without being subject to a majority protest.
1
);;---3
NOW, THEREFORE, BE IT RESOLVED as to Open Space and
Maintenance District No. 10, that the City Council of the city of
Chula vista does hereby find that written protests against the
proposed assessment adjustment has not been made by owners
representing more than one-half of the area of the land to be
assessed for the improvement and confirms the diagram and
assessment contained in the modified Engineer's Report, and orders
the open space and maintenance facilities to be maintained. The
adoption of this resolution shall constitute the levy of the
assessment as proposed in the modified Engineer's Report for the
1999-00 fiscal year and set forth hereinabove for Open Space and
Maintenance District No. 10.
Presented by
Approved as to form by
John P. Lippitt
Director of Public Works
H:\home\attorney\reso\OSlOLevy
Jt~1
2
,.,
. ,
~
'iQ ~.
ffi .c
:~~ g<
.~ ~~!:> -;
+- "'- I
~ f 1
~ u c
.~f5 ~~
--
-"....
."
.--"'\ -
lD
I-
Z
UJ
'"
:I:
U
""
I-
~
<Xl
'"
'"
~
,
r--
'"
~~
o
Z
I-
U'"
0:'"
1-'"
(/)~
CieO
'"
UJ",
;;!~
a.
(/)
zO
UJO
0.0
0')'
'"
'"
'"
~
o
o
o
N
do
'"
'"
>-
u.
(/)
l-
(/)
o
u
UJ
U
~
Z
UJ
I-
Z
<i'
'"
u.
o
UJ
~
'"
>=
(/)
UJ
'"
OJ
"
'1:
OJ
00
Iii
c: '"
o OJ
~~
OJ_
a.:::J
o
o
ci
<Xl
~
ff>
000000
~ooooo
~oLriMcici
co 0 c:o...... C")CQ
,.....C\IN<.O,...,.('f')
~ rxS~
~ '"
o
o
ci
'"
N
ff>
000000
qooooo
......occiomo
COOLO.....MCO
"""C\I00cn""'M
M 006
~ '"
o
o
ui
N
'"
ff>
000000
ooqooo
o>d......Lrioici
O)O..;tNMCO
OC\lC')Lll.....M
cD cO......
~ '"
Iii
'"
o
a.
'"
is
~
c:
o
:g
.!!1
'0
U
-5is
~~
'"
'C
OJ 13
tf .s
" '"
~ u;
wR C) c: CI)
.g> .~ ~.Q ~
::c ~ (I) c.. c: ri .~
c.2~a..ffi~,<R
'iii1:'-"Et:w
E OJ 1: 00 OJ.,.
'" CI) Q) 0 C,) c:'"
o (J)c.- 0
;~oB"*~'ii)
.2(;)~~'C:~~
C: :>.. c: c: 20 '0
Q);!::" 0 co co cu L..
OOUU...J:;ma.
'"
OJ
'"
UJ:O
-0
.l!lE
ai E g>
EOJ 8'w
'E
&Q)~
::J5-c
ooOq;
/&/&
o
o
oj
r--
~
.,;
'"
ff>
o
o
N
'"
r--
..
'"
ff>
o
o
a:i
~
N
.,;
'"
ff>
o
o
ci
'"
<Xl
.,;
'"
ff>
o
o
oi
o
N
<Xi
'"
ff>
o
o
oi
'"
N
..
...
ff>
o
U
W
U
Z
q;
Z
W
f-
Z
;;:
:;
o
W
!;(
:;
f=
00
W
1::
OJ
E OJ
~ 1:
':] c Q)
",,,'"
Q) 0 e
C::lllii
OJ 0.. c:
1: " 0
Q) r::w
en u:c
Q) ~ "C
c::o::q;
#,0
00
~ci
'"
<>
00
00
od
~C2;
to- -
",N
",,,,
ff>
cft.O
00
~ci
.,.,
<>
00
C!o
gu:i
00
"o~
",'"
",,,,
ff>
~g
8ci
-0
to-
00
C!o
~N
oo~~
::J:"':
",,,,
ff>
f-
Z
"w
g:;
..!l!OO
"00
mw
'Coo
~~
~f-
l)W
,...lZ
r--
'"
ci
'"
'"
......#.
"'0
o-i'
<Xl
ff>
r--
'"
ci
'"
'"
N#.
...'"
,..:
<Xl
ff>
r--
'"
oj
'"
'"
m'#.
"'0
,..:
<Xl
ff>
00
:,
o
w
I!?
'"
OJ
>-
~
o
."
a.
E
.g
:::J OJ
00l
W [ii
Qj.<=
:c "
151::
.!!:! ~
"0 CD
ua.
...~
<Xl'"
W'"
N
'"
ff>
r--N
<Xl...
W<Xl
..
'"
ff>
r--<Xl
<Xlr--
WN
,..:
'"
ff>
1::
OJ
E
>-
'"
Ii; a.
=ff>
o c:
'C OJ
c: >
OJ OJ
ii E
~.g
:is ~
15 c
~ ~
o OJ
UC::
00"''''
......'"
oOo>r--.:
~~~
to-
<>
N
'"
'"
~
#.S
Or--
'"
oj
'"
'"
.s
'C
OJ
......?fl.~
~......!!!
<Xl "
~ !:
'"
:::J
o
W
""r--",
'<1:<O~
0"I('jt---
~~~
~
o
'"
o-i
I!?
'"
OJ
>-
~
o
."
a.
E
.g
a:
U
:;
'j; :g,
:::J [ii
0'<=
w"
:;'1::
OJ OJ
.g~
" Q)
ma.
"E"E
OJ OJ
E E
'" '"
'" '"
OJ OJ
'" '"
~~
ci
!2
'"
'"
>-
LL
'"
'"
M
~
1ii
2
2
a.
'iT
~
-ci
~
o
'"
'"
-u
"
c.
~
c
"
c.
o
-c:
"
"
c
'0>
c
UJ
0;
E
o
;!;
:i
COUNCIL AGENDA STATEMENT
Item~
Meeting Date 7/13/99
ITEM TITLE:
Public Hearing: Open Space District No. 14 for Fiscal Year 1999/2000.
Resolution J9f..J'~ering certain open space and maintenance facilities to be
maintained, approving modification to the Engineer's Report and levying the
assessments for Fiscal Year 199912000 Open Space District No. 14.
Director of Public worksll! rV
City Manage~ ~~ (4/Sths Vote: Yes_NoX)
Based upon the advice of the City Attorney, agenda items and have been separated due to conflict
of interest concerns. Two Council members own property subject to the proposed assessment in this
district. Council should note that agenda statement gives all background information and details
on open space districts in general which is applicable to this item, but does not include specific
information on Open Space District 14.
SUBMITTED BY:
REVIEWED BY:
RECOMMENDATION: That Council:
1) Open the hearing, take testimony, close the hearing.
2) Direct staff to tally all protests.
3) Adopt the resolution to approve the modification to the Engineer's Report and levying the
assessments for FY 1999/2000.
DISCUSSION:
This agenda item is the yearly resolution to assess for open space maintenance within Open Space District
Number 14 located to the North and South of Country Vistas Lane (see Attachment A). Table 1 relates
the present year's assessment to the proposed assessment for Fiscal Year 199912000. Agenda item
of tonight's agenda contains all the general information regarding open space districts.
TABLE 1
PRIOR FY'S VS. FY 1999/2000 ASSESSMENT/COLLECTIBLE
FY99/00 Proposed Proposed
FY97/98 FY98/99 FY98/99 CAP: FY99/00 FY99/00 FY99/00
Assmtl Collection! Assmt! FY 98/99 Assmt! Collection! Revenue
EDU EDU EDU Assmt + EDU EDU
CPI(I)
Open Space District No. 14
Bonita Long Canyon $298.10 $257.00 $290.98 $301.45 $301.45 $291.00 $254,148
(1) FY 1999/2000 assessment mav be set at or below this cap without being subject to a majority protest.
/7//
Page 2, Item 17
Meeting Date 7/13/99
Staff recommends that the assessment remain the same as FY 98/99 plus a CPI of 3.6% as set forth in the
Chula Vista Municipal Code. However, staff recommends a collectible of $291 per Equivalent Dwelling
Unit (EDU), which is less than the assessment of $301.45 per EDU. Since the budget per EDD of $294.99
exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference.
Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The
reserve under this recommendation will be 80%. Because this district was formed as a result of a 100%
petition by the land owners and the assessment is not being raised above the CPI, as provided for in
assessment formula, this district is exempt from the provisions of Proposition 218.
OSD 14 PROTESTS
No letters of protest received.
FISCAL IMPACT:
Staff costs associated with the open space program are generated by Public Works (including Open Space
staff), Data Processing and Finance. Contractual costs are $121,530 as shown on Attachment B. These
costs are recovered through the Open Space District collectible, causing no net fiscal impact. The General
Fund will be reimbursed $37,695 from the OSD fund for FY 1999-2000.
Attachments:
A District Map
B Estimate of Cost
H:\HOME\ENGINEER\AGENDA \OSDI4pl.BOB
/7/.2
RESOLUTION NO.
/ 9-5J 7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING CERTAIN OPEN SPACE AND
MAINTENANCE FACILITIES TO BE MAINTAINED,
APPROVING MODIFICATION TO THE ENGINEER'S
REPORT AND LEVYING ASSESSMENTS FOR FISCAL YEAR
1999/2000 FOR OPEN SPACE DISTRICT NO. 14
WHEREAS, prior to the adoption of this resolution, the
City Council has caused the formation of various districts under
and pursuant to either the Chula vista Open Space District
Procedural Ordinance ( "Procedural Ordinance"), as contained in
Chapter 17.07 (adopting in substantial part the 1972 Lighting and
Landscaping Act ("Act") as contained in Streets and Highways Code
Section 22500, et seq., or pursuant to the Act itself designated as
Eastlake Maintenance District No.1; and
WHEREAS, in accordance with the Procedural Ordinance, the
City Engineer has prepared a report on the spread of assessments
for said Open Space and Maintenance Districts ("Engineer's
Report"); and,
WHEREAS, the districts are exempt from the provisions of
Proposition 218 because 1) the assessments were raised by an amount
equal to or below the CPI; 2) the districts were either formed at
the request of 100% of the land owners; or 3) the improvements are
within the street right-of-way; and,
WHEREAS, on May 18, 1999, the city Council approved the
Engineer'S Report and set June 22, 1999 and July 13, 1999 as the
dates for the public hearings; and,
WHEREAS, the proposed individual assessment for Open
Space District 14 for Fiscal Year 1999-00 is shown below:
PRIOR FY'S YS. FY 99/00 ASSESSMENT/COLLECTIBLE
FY 99/00 Proposed Proposed
FY97/98 FY 98/99 FY 98/99 CAP: FY 99/00 FY 99/00 FY 99/00
Assmtl Collection/ Assmtl FY 98/99 Assmt/ Collection/ Revenue
EDU EDU EDU Assmt + EDU EDU
CPI(1)
Open Space
District No. 14 $298.10 $257.00 $290.98 $301.45 $301.45 $291.00 254,148
Bonita Long
Canyon
(1) FY 1999/2000 assessment may be set at or below this cap without being subject to a majority protest.
1 ) 7~ ]
NOW, THEREFORE, BE IT RESOLVED as to Open Space District No.
14, that the City Council of the City of Chula vista does hereby
find that written protests against the proposed assessment
adjustment has not been made by owners representing more than one-
half of the area of the land to be assessed for the improvement and
confirms the diagram and assessment contained in the modified
Engineer's Report, and orders the open space and maintenance
facilities to be maintained. The adoption of this resolution shall
constitute the levy of the assessment as proposed in the modified
Engineer's Report for the 1999-00 fiscal year and set forth
hereinabove for Open Space District No. 14.
Presented by
Approved as to form by
~ t1IlA~Ou ~
John M. Kaheny
City Attorney
John P. Lippitt
Director of Public Works
H:\home\attorney\reso\os141evy
2 J /" Y
J-~
,... ~ ~~ ~ ~
1 jt R ~ ~7 -r
:s c.; j
-~ 1 ~If/>,,~ ~
- -1 / ~~ ~
_I- \ ~ K
'- \.4 \\ ~v ~.
\ ~ tC....' \\ffi~\\ ,... ~ "SJ
~ r~ r~ -t
ill i~ .,- ~\ J~
r ~Nl ~ ,~ }J~16
f1:. Dr..<N--
't:::}"'< ~ .J,:K1::r I
~ ..... -: / }.. V / I J:::IJ:::I \
~\ ""'........IL / FIE!
;S-("~ ~ ^ ~,~ -~~ I 'l:r ~
~~ ~
. Yl\: ?" IIT .,x.;,'tt:::. -~
',,2 '~~ ....N' (" 1" ~
~~I-- ~ ~( ,..'l(~ /' ~A,,~ ~~
~/~:-.,,, [) ,.
'''' ~ ""Ifll ~)1", #~" ~ ·
"m ~"" ' '" c< if ",,' v >- ,
_ ~'v,~ ~ ' ' ~ I:ffl!---...:..
-.i ):0 J "'~ !j
~ k' ,,":: ~ ~ rJ~
,-:: :;.~ -c--
~ \" y ,l.Y ......-::;J:l1t1 /1 ':t \....
~ ~ I~~ ~IT
V~ v'" "' ~\ ~ \ '"
~'C tj /7-fl ~\t!!~ ~
w
u ~
Z..r ~
<1_
Z
W <1
~o ~
<tz 0
~ l.L..
W o~
ul- >-
c:~ I-
(/)1- U
z~ w
w""" :c
a.. I-
o
-
\
~ \
~
-'
\
/ , \
\
"
\
j~ ~
j: \/
~ \f,
...:l
~
~~
1
1"n
~~ Y0~
=~J1 ~
"(( . \\:
I \~ r
;y , 1.0) f
I
--
-....
-I-
-!
I
\
~
I
I
"'
>-
2
LlJ
::;
I
()
<(
>-
~
co
Ol
Ol
~
,
....
Ol
Ol
;!~
co
co
co
N
d>
'"
'"
o
2
tiOl
iY~
>-~
0000
DOl
LlJOl
~r
0.
00
20
LlJO
0.0
0'"
do
ol
ol
~
>-
W-
OO
>-
00
o
()
LlJ
()
2
<(
2
LlJ
>-
2
<(
::;
W-
o
LlJ
~
::;
>=
00
LlJ
Iii
'"
o
0.
'"
o
'" 011
Q) "
o 0
.~ :0
~ ~
m "0
"",ll
OQ).<::
t!? g V)
Q.) +-' ~
o..=>f-
o
o
c:i
'"
"'.
~
'"
00
00
r...:ci
CO'"
"''''
cD~
....
0000
0000
oOMWO
0') CO t'--O
0>...........0
r.r5oriri-.i
"''''
~
o
o
c:i
'"
.....
~
'"
000000
ooqaoo
,...:ci......co:itcio
<ovlOtOf'--O
1.O C\J_"",," v..... a
c6.....,...:ai("')ori
.... "'~
~
o
o
c:i
o
~
~
'"
000000
000000
ciciLriciccici
CO"l:tO)M......O
....."tcoLll.....a
ro..--r--:......ri-.i
co "''''
~
'"
~ 1:5
n 2
:J u;
~ vi
tt c)
Q) ",'C
"0 U) .!!:!:O
DQ)CI)Q.l::
l:: .2 ~ a."m
'0; ~.~ ell E
E ~ Q) <D 0
o C/) a. +-'
-ll=~ctI~
Q.l m u 0 <tI
~oen-~UJ.t:
.s .- - "0 Q)
m~~gffi:rg
5:enllll...J~
" '"
o 1l
B .~
'" Q)
'ECIJ
Q)-
II ~
~ .2
~ ~
-"',!!
~ e
IDo..
'"
~
lIJ1:;
- 0
~ E Q)
Q) E "
E 0 "en
~~:e
0. Q) Q)
0..<:: >
:J-'C
enO<C
o
o
...
co
~
o;j
'"
'"
'"
o
o
c:i
'"
co
,..:
co
~
'"
o
o
,..:
~
co
,.;
~
'"
o~a
000
. ~ ci
on
~
~
'"
'"
o;j
'"
~
'"
o
~
~
'"
co
,..:
'"
'"
'"
0"#.0
000
,...:~O
010
000
tD
o
'"
'"
o
II
w
II
z
<C
z
W
f-
Z
<C
:;;
o
w
~
:;;
f=
en
w
"
Q)
E Q)
~ ~
'51:1 CD
0" ~ '"
Q) ~ ~
a::: Il) m
Q) 0.."
~ Il) ~
Q) ~ ~
(I) Q):C
Q) ~"'C
O::O::<C
/7-~
~g
8ci
.,.;
~
00
~o
g.q:
-^~
~cD
- '"
"''''
'"
00
00
go:)
~ffi
r::ori
-'"
"''''
'"
00
o~
"'ol
"'co
"''''
g:..j
N'"
"''''
'"
f-
Z
~w
u:;;
aen
'iilen
lDW
'0 en
"en
&<C
~f-
~w
...JZ
co
'"
M
....
co
co'#-
C"!"";'"
~
'"
'"
co
'"
M
....
co
1.O?fi.
'" '"
,..:'
'"
'"
'"
co
'"
M
....
co
LO'#-
"''''
. ~
~
ol
'"
'"
en
::>
o
W
~
OJ
Q)
>-
~
o
'c
0.
E
.g
=>:!l,
fil "
a>~
;g2
tl "
..92 ~
- ~
o Q)
llo..
~~
....co
NCO
.,. -
co
'"
'"
'"
....'"
"''''
N'"
.,. .
'"
'"
'"
....
~co
"''''
N~
.,. .
'"
'"
'"
'"
"
Q)
E
>-
OJ
roo.
=....
0"
'CQ)
" >
Q) Q)
ii E
, 0
Q)<=
;g ~
tl "
~ ~
o Q)
llO::
-co",
~O?(O
000..0
NOlOl
EF.t~~
OOlO"I:t'#-
0'I"d:Q)<<;J
0.....00
"'0....
N",,,,
"'........
on
.".
-
o
M
'"
co'#-
OlCO
...
ol
'"
....
?f!.
<0
M
a:
II
fi
.~ :!l,
=> Iii
0.<::
W 0
"'"
Q) Q)
~e
:J Q)
IDo..
1::1::
Q) Q)
E E
'" '"
'" '"
Q) Q)
'" '"
~~
~
OJ
Q)
>-
(;
.~
E
.g
'"
'"
;;;
~
U;
.&
e
0..
~
,;
~
o
'"
'"
u
'"
c.
00
c
'"
c.
o
ai
'"
c
'00
c
LlJ
0;
E
o
OJ;
:i
COUNCIL AGENDA STATEMENT
Item: ) JY
Meeting Date: 07/13/99
ITEM TITLE: Public Hearing: PCM-97-11A: Request to amend the Otay Ranch General
Development Plan Phase Two Resource Management Plan - Applicant: The
Otay Ranch Company.
Resolution ) f fl ~Ving amendments to the Otay Ranch Phase Two
Resource Management Plan. ~
SUBMITTED BY: Director of Planning a~u~d,in~
REVIEWED BY: City Manag~ ~ ~\ (4/5ths Vote: Yes_No...A)
The Otay Ranch Company has applied to amend the Otay Ranch Phase Two Resource Management
Plan (RMP) to implement the recently approved Otay Ranch General Development Plan/Subregional
Plan (GDP/SRP) and SPA One amendments for Village One and Village One West. This
amendment would be accomplished by revising the RMP Preserve Map and text. The map
amendment will add development areas in Village One and Village One West in exchange for adding
open space areas in Villages 13 and 15.In addition, amendments to the RMP text and tables are
proposed to implement the applicant's agreement with the Wildlife Agencies.
The Environmental Review Coordinator has reviewed the project and determined that it is in
substantial conformance with the Otay Ranch GDP Program EIR-90-01, SPA PIan, EIR-95-01,
Subsequent EIR-97-03 and other related environmental documents, and that the project would not
result in any new environmental effects that were not previously identified, nor would the proposed
project result in a substantial increase in severity in any environmental impacts previously identified.
RECOMMENDATION:
That the City Council adopt the attached resolution approving the amendment to the Otay Ranch
Phase Two Resource Management Plan.
BOARDS/COMMISSIONS RECOMMENDATION:
The Planning Commission held a Public Hearing on April 14, 1999 and voted 7-0 to recommend
approval of the amendment to the Otay Ranch Phase Two Resource Management Plan. On February
1, 1999, the Resource Conversation Commission vote 5 to 2 (Marquez, Fisher) to recommend
approval of the amendments to the RMP Phase 2 Plan.
If-j
Item No.:_
Page 2, Meeting Date: 7-13-99
BACKGROUND:
Phase 2 Resource Management Plan (RMP)
In November of 1995, the Baldwin Companies sent a letter to the City, County of San Diego and the
Wildlife Agencies that summarized the elements ofthe Otay Ranch portion of the Multiple Species
Conservation Program (MSCP) Subarea Plan. The letter contained elements of a proposed agreement
between the City, County and Wildlife Agencies concerning the MSCP Subarea Plan relative to the
land the Baldwin Companies controlled at that time. The letter was never transformed into a formal
agreement, however, the Wildlife Agencies responded with a February 22, 1996 letter agreeing to
the six of the elements except for the deletion of the maritime succulent scrub restoration
requirement. The agencies did not support the deletion of this restoration requirement so it is not part
of staff's recommendation to the City Council. The County of San Diego included the Baldwin letter
as an appendix to their MSCP Subarea Plan, which was approved by the Board of Supervisors
without objection of the Wildlife Agencies. The letter also then becomes part of the Implementing
Agreement between the County and the Wildlife Agencies. City staff is considering the same
appendix to the City Subarea Plan for consistency with the County's plan.
On November 10, 1998, the City Council approved GDP amendments on the Otay Ranch to
implement the tentative MSCP agreement between the applicant and the resource agencies. The GDP
amendments changed land uses in Village One West, Villages 13 (the Resort Site) and Village 15
(south of the Lower Otay Reservoir). The GDP amendments added development area in Village One
West in exchange for the deletion of development areas in Villages 13 and 15. This amendment to
the RMP was postponed to ensure consistency between the City's MSCP Subarea Plan and other
projects such as Olympic Parkway. Staff is far enough along with the preparation of the Subarea
Plan to proceed with the RMP amendments.
The RMP needs to be amended to keep the preserve boundaries and text consistent with the GDP.
The underlined amendments to the RMP Phase 2 in Attachment 5 were proposed by the Otay Ranch
Company and have been amended in italics by staff:
DISCUSSION:
1. Ownership Map (Phase 2 RMP, page 71)
Discussion:
The Phase 2 RMP contains an ownership map depicting the major ownerships within Otay
Ranch when the SPA One Plan was approved in June of 1996. At that time, there were five
major owners of the Otay Ranch. The map was initially included in the RMP because
ownership patterns affected the implementation of various RMP policies. A revised
I~-- .2
Item No.:_
Page 3, Meeting Date: 7-13-99
ownership map with the current 11 owners is included in the Phase 2 RMP to reflect current
ownership patterns.
Analvsis:
Ownership is important in the RMP because of the requirement to convey preserve land as
development occurs. Recently, the McMillin Companies acquired the Marian Communities
Inc. property which now provides them with sufficient preserve land to convey for their
development in Villages One and Five.
2. Resource Preserve Map (Phase 2 RMP, page 3)
Discussion:
As part of the agreement between the applicant and the resource agencies relating to the
MSCP, the agencies agreed to authorize the disturbance of sensitive habitat in the Poggi
Canyon area (Villages One and Village One West) in exchange for adding preservation of
land within Village 13 and Village 15. The purpose ofthe proposed amendment is to modifY
the Preserve map to reflect these changes by adding portions of Village 13 and Village 15
to the Preserve and deleting the Poggi Canyon area from the Preserve.
Analvsis:
The habitat in Village One West is isolated and disconnected from the preserve while the
areas in Villages 13 and 15 are adjacent to the larger Preserve area in the Proctor Valley
Parcel and San Y sidro Mountain Parcel. The Wildlife Agencies believe preserving the habitat
in Villages 13 and 15 will provide a wider wildlife corridor between the San Ysidro
Mountains and Jamul Mountain. A wider corridor will provide a better Preserve design in
the opinion ofthe Agencies. The SPA One West EIR found that the exchange would have
a higher long-term biological resource value because of the isolation of the Poggi Canyon
area from the rest of the Preserve. The EIR concluded that the conversion ofland in Villages
13 and 15 to open space could be considered a reasonable trade off for the proposed
exchange for the Villages One West area. The City Council approved the underlying GDP
land uses for this amendment on November 10, 1998.
3,4&5.
Coastal Sage Scrub Restoration (Phase 2 RMP, pages 74-75, 135, 139)
Discussion:
Section C.2 of the Baldwin letter proposes the elimination of the coastal sage scrub
restoration requirement. The resources agencies agreed in Point 4 of their letter that the
applicant need not restore CSS as initially required by the GDP and Resource Management
Plan. The purpose of this amendment is to clarifY that CSS restoration is not a requirement
of the applicant's project. Exhibit 15 is updated to indicate that the total area of CCS
preserved still meets the RMP preservation requirements.
/7/;J
Item No.:_
Page 4, Meeting Date: 7-13-99
Analvsis:
The habitat in the exchange areas in Village 13 and 15 is, for the most part, Coastal sage
scrub and adjacent to existing Preserve areas. The Wildlife Agencies agreed to eliminate the
restoration requirement as part of the agreement for preserving better quality habitat in
Village 13 and 15. Ranch-wide resolution of the CSS restoration requirement remains an
issue to be finalized in the MSCP between the City and the resource agencies.
6. Grazing Prohibition (Phase 2 RMP, page 133)
Discussion:
The RMP prohibits cattle grazing within certain areas ofOtay Ranch starting in late 1997
and early 1998 based upon assumption that entitlements and actual development would
proceed faster than they actually occurred. Accordingly, the specific time frame identified
in the RMP was misleading. The purpose of the proposed amendment is to tie the prohibition
of grazing to a specific entitlement event, such as the issuance ofthe first final map.
Analvsis:
The practical effect of the changed language is negligible since, with or without the
clarifying amendment, grazing is currently prohibited in the areas identified in the RMP.
7. Steep Slope Calculation/Analysis (Phase 2 RMP, pages 162 and 163)
Discussion:
As indicated earlier, the MSCP agreement between the applicant and the resource agencies
permitted development within the Poggi Canyon areas (Villages One and Two) and deleted
development from portions of Villages 13 and 15. The purpose of this proposed amendment
is to modify the slope calculations for these villages to reflect the agreement and the GDP
amendment recently enacted incorporating the agreement. Additionally, the specific analysis
relative to slope impacts in SPA One is deleted because it is out of date.
Analvsis:
The Otay Ranch GDP requires 83% of the steep slopes (25% or greater) ranch-wide to be
preserved. The purpose of this calculation and analysis is to track the preservation of the
steep slopes. Since most of the new open space contains steep slopes, the development of
Villages One and Two will be balance with the new open space areas in Villages 13 and 15
and, therefore, the GDP requirement is maintained. The SPA One analysis was completed
by the Otay Ranch Company and the McMillin Companies with the SPA One tentative maps
approvals.
If( / i
Item No.:_
Page 5, Meeting Date: 7-13-99
CONCLUSION:
Staff believes that the amendment to the Otay Ranch Phase Two Resource Management Plan is
consistent with Otay Ranch GDP policies and the applicant's agreement with the Wildlife Agencies.
These amendments will bring the RMP into consistency with the GDP amendments approved by the
City Council in November of 1998. Staff recommends approval of the Phase 2 RMP amendments.
FISCAL IMPACT:
This project is included in the scope of the staffing agreement with The Otay Ranch Company. Ail
costs are covered by the deposit account under the staffing agreement.
Attachments
1. Planning Commission Resolution PCM 97-11A
2. Planning Commission Minutes 4/14/99
3. Locator Map
4. Disclosure Statement
5. Otay Ranch Phase Two RMP Amendments
6. The Baldwin Letter of Agreement, November 10, 1995
7. Wildlife Agencies letter, February 22, 1996
H:\HOME\PLANNING\OT A YRNCH\RMP2 _Amend _ CC _ STFRP .doc
J~/S-
RESOLUTION NO.
/153 '6
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AMENDMENT TO THE
OTAYRANCH PHASE 2 RESOURCE MANAGEMENT PLAN
WHEREAS, the Otay Ranch General Development Plan AND Phase I Resource
Management Plan (RMP) were approved on October 28, 1998, and the Otay Ranch Specific
Planning Area One Plan and Phase 2 RMP were approved on June 4,1996; and
WHEREAS, on November 10,1995, the Baldwin Company proposed a Multiple Species
Conservation Plan agreement with the Wildlife Agencies to amend the Otay Ranch GDP which
called for the reduction of development areas in Villages 13 and 15 in exchange for expansion of
development areas in Village One and Village One West in Poggi Canyon,; and
WHEREAS, on February 16, 1999, the City Council approved an amendment to the Otay
Ranch General Development Plan which deleted development areas in Villages 13 and 15 and added
development area west of Paseo Ranchero to the SPA One Plan; and
WHEREAS, the Environmental Review Coordinator has determined that the amendments
to the Phase 2 RMP fall under the purview ofEIR 95-01, as amended; and
WHEREAS, the Planning Commission held an advertised public hearing on the Project on
April 14, 1999 and voted 7-0 to approve Planning Commission Resolution No. PCM-95-0IC
recommending to the City Council approval of the amendment to the Phase 2 RMP; and
WHEREAS, the City Council set the time and place for a hearing on said amendment to the
Phase 2 RMP 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 Village One and Village Five at least ten days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. on
July 13, 1999 in the Council Chambers, 276 Fourth Avenue, before the City Council and said
hearing was thereafter closed.
PLANNING COMMISSION RECORD
The proceedings and all evidence on the amendment to the PHASE 2 RMP introduced before
the Planning Commission at their public hearing on this matter held on April 14, 1999 and
the minutes and resolution resulting there from, are hereby incorporated into the record of
this proceeding.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL hereby
approves the amendment to the PHASE 2 RMP based on the following findings and all other
/g'~?
evidence and testimony presented with respect to the proposed changes, and subject to the following
findings:
FINDINGS
The amendment to the PHASE 2 RMP is consistent with the General Plan and the General
Development Plan for the following reasons:
1. The land area exchanged produces a superior biological open preserve in that the area in
Poggi canyon is surrounded by development and not connected to a larger open system.
2. The area north and south of the Lower Otay Reservoir, on which development rights are
being deleted, is adjacent to a larger open space system; and
3. The Wildlife Agencies have determined that amendments to tlte implementation standards
for Coastal sage scrub are acceptable.
APPROVAL OF AMENDED PHASE 2 RMP
The City Council hereby approves the amended PHASE 2 RMP for the Otay Ranch as set
forth in Exhibit A and incorporated herein by this reference..
Presented by
Approved as to form by
J-- ~ trY\-
John M. Kaheny
City Attorney
Robert Leiter
Director of Planning and Building
H:\SHARED\A TTORNEY\CCrmp.RES.doc
2
/~/?
e;tI/r
RESOLUTION NO. PCM-95-01C
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CITY
COUNCIL APPROVE AN AMENDMENT TO THE OTAY
RANCH PHASE 2 RESOURCE MANAGEMENT PLAN
WHEREAS, the Otay Ranch General Development Plan was approved on October 28, 1993,
and the Otay Ranch Specific Planning Area One Plan and Phase 2 Resource Management Plan were
approved on June 4, 1996; and
WHEREAS, on November 10, 1995, the Baldwin Company proposed a Multiple Species
Conservation Plan agreement with the Wildlife Agencies to amend the Otay Ranch GDP which
called for the reduction of development areas in Villages 13 and 15 in exchange for expansion of
development areas in Village One and Village One West in Poggi Canyon; and
WHEREAS, on February 16, 1999, the City Council approved an amendment to the Otay
Ranch General Development Plan which deleted development areas in Villages 13 and 15 and added
development area west of Pas eo Ranchero to the SPA One Plan; and
WHEREAS, the Environmental Review Coordinator has determined that the amendments
to the Phase 2 RMP fall under the purview of EIR 95-01, as amended; and
WHEREAS, the Planning Commission set the time and place for a hearing on said
amendment to the Phase 2 RMP 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 Village One and Village Five at least ten days prior to
the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m. on
April 27, 1999 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and
said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT from the facts presented to the
Planning Commission, the Commission has determined that the approval of the amendment to the
Phase 2 RMP is consistent with the City of Chula Vista General Plan, the Otay Ranch General
Development Plan and all other applicable plans, and that the public necessity, convenience, general
welfare and good planning practice support the approval.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends
that the City Council adopt a resolution approving the amendment to the PHASE 2 RMP in
accordance with the findings contained in the City Council Resolution No.
And that a copy of this resolution be transmitted to the owners of the property and the City
Council
/
ATTACHMENT 1
Planning Commission Resolution PCM 95-01C
Page 2
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 14th day of April 1999 by the following vote, to-wit:
AYES:
Willett, Castaneda, Hall, Ray, Thomas, Tarantino, O'Neill
NOES:
ABSENT:
ABSTENTIONS:
John Willett - Chair
ATTEST:
~y~",,~
Diana Vargas ~
Secretary to Planning Commission
H:\HOME\PLANNINGIOT A YRNCHlPCM 95 OIC RMP PC Reso.doc.doc
~
Planning Commission Minutes
.9-
April 14, 1999
6. PUBLIC HEARING:
PCS-99-o3; Tentative Subdivision Map for the Eastlake Trails, Chula
Vista Tract 99-04, involving 843 single family lots, four residential
super lots with capacity for 300 dwelling units, 3 open space lots, a
school and community purpose lots on 332.8 acres located on the
east side of Hunte Parkway between Olay lakes Road and Olympic
Parkway. The Eastlake Company.
Staff is recommending that this item be continued to April 28, 1999.
MSC (Tarantino/Ray) to continue public hearing to April 28, 1999. Motion carried.
7.
PUBLIC HEARING:
PCS-96-04A; Tentative Subdivision Map revision subdividing Phase
Seven (Purple Phase) in Village One of Olay Ranch, Sectional
Planning Area (SPA One) into 447 lots; and amending the Olay Ranch
Phase Two Resource Management Plan. The Olay Ranch Company.
Background: Rich Whipple, Assistant Planner, reported that The Otay Ranch Company is
proposing to revise a portion of the tentative subdivision map in SPA One to implement the
recent amendment to the Village One Core area Phase Seven and to amend the Otay Ranch
Phase Two RMP.
The SPA One Plan, approved in June 1996, required 1,566 multi-family units in the Village One
Core, which was based on the Medium High designation of the GDP designation of 18 units per
acre. The GDP was recently amended to allow flexibility in the number of multi-family units
provided that sufficient multifamily densities were approved to support the light trail transit line
on East Palomar Street. The recent SPA One amendment approved 1,512 dwelling units,
however, the proposed tentative map utilizes 1,202 units.
Phase Seven is also modified to reflect the MSCP agreement between the applicant and the
resource agencies. The revised tentative map includes an expanded development area to the
south towards Poggi Canyon, and redesigns residential neighborhoods surrounding the Village
One Core.
Phase Seven is located south of East Palomar Street, west of Santa Alicia Avenue, east of Paseo
Ranchero and north of Poggi Canyon.
The proposed application subdivides 153.7 acres of land into a total 447 lots utilized for mixed-
use development including single and multi family, commercial, community purpose facility,
park lands and open space land uses.
The Village Core "Main Street" theme is now implemented along East Palomar Street with
diagonal parking fronting the commercial/mixed use area across from the 11-acre Heritage Park.
3
ATTACHMENT 2
Planning Commission Minutes
- 10 -
April 14, 1999
Vehicular access into Phase Seven will primarily be served by Santa Helena, and Santa Andrea
and Santa Alicia off of east Palomar Street. Santa Andrea will be used as a public street to access
the Village Core.
Fieldbrook Street and Weaverville Street are proposed to provide access to East Palomar Street
to allow emergency vehicles access to isolated cul-de-sacs in neighborhood R-18 and R-48. Staff
also recommends the connection of Montera Street and Camero Street at the northern end of the
cul-de-sacs and allow the applicant to utilize the smaller modified cul-de-sac design at the end
of those streets.
In the current design, the length of the cul-de-sac prohibits sufficient emergency response times,
proper fire suppression operations and multiple points of access for the Police and Fire
Departments. In addition, the current design of the cul-de-sacs conflict with the Otay Ranch GDP
goal for providing alternative points of access to residential streets and staff recommends these
connections to satisfy the concerns of the Police and Fire Departments and provide multiple
poi nts of access.
Secondary access to the Village One Core will be provided on the south side of Phase Seven from
Olympic Parkway and will be designed to accommodate emergency vehicles. This access road
is proposed to connect Fieldbrook Street and will serve as a connection to the regional trail
located on the northern Poggi Canyon slope.
Rick Rosaler, Principal Planner, reported that the recently approved SPA One Plan amendment
reflects the land use changes in the Village One - Phase Seven and adds the Village One West
area into the SPA One area. The SPA One Plan amendment and tentative map implement the
Otay Ranch GDP amendments approved by Council in November 1998. The GDP amendment
reflects land use changes that were contained in the tentative MSCP agreement between the
applicant and the resource agencies, they are:
The resource agency agreed to authorize the disturbance of sensitive habitat in the Poggi
Canyon area in exchange for preservation of land within Village 13 and 15. The Preserve
Map would be amended to reflect these changes by adding portions of Village 13 and 15
to the Preserve and deleting the Poggi Canyon area from the Preserve,
It is proposed that a revised ownership map be included in the Phase 2 RMP to reflect
current ownership patterns,
the resource agency agreed that the applicant need not restore Coastal Sage Scrub as
initially required by the GDP and RMP. However, ranch-wide resolution of the CSS
restoration requirement awaits finalization of the MSCP between the City and Resource
agencies,
the resource agency agreed that the applicant may disturb up to 25 acres of Maritime
Succulent Scrub before the GDP/RMP's requirement for MSS restoration is triggered.
The grazing of the cattle on the ranch needed to be updated to reflect some concerns by
the Wildlife Agency
1-
Planning Commission Minutes
- 11 -
April 14, 1999
The MSCP agreement permitted development within the Poggi Canyon areas and deleted
development from portions of Villages 13 and 15. The proposed amendment modifies the
slope calculations for these Villages to reflect the agreement and the GDP amendment
recently enacted incorporating the agreement. The specific analysis relative to slope
impacts and SPA One is deleted because it is outdated.
Commission Discussion:
Commissioner Ray expressed concern with the street widths as pointed out in the Fire Marshal's
memo to the Plannning Commission and asked why not design the streets wider to allow the fire
trucks to go through.
Rick Rosaler stated that the Fire Department did a trial run to see if the street width was adequate
and it was determined that the streets work and there is sufficient turn around space in the cul-de-
sacs. The City in its adoption of the GDP saw narrow streets as a pedestrian-oriented feature.
What we found is that even with normal size streets, once the first fire engine lays its line, the
second engine will not roll over that line, so we feel that alternative access to the streets are
necessary and is why the emergency accesses are proposed at the end of the cul-de-sacs.
Mr. Rosaler indicated that going back to wider streets, in his opinion, would be a step backward
and would be a major change in philosophy for the Ranch, which is suppose to be pedestrian-
oriented. Furthermore, the design speed for a 36 ft wide street is 35 mph, and the design speed
on a 32 ft wide street is 25 mph.
Commissioner O'Neill stated that in his opinion, the narrower-type street is a better blend with
the alley-type housing, and does not feel that narrower streets slow down vehicular traffic; to the
contrary, they can potentially pose a greater safety risk with children darting out from between
cars and not having the extra 2 or 3 feet buffer which allows the driver a fractional response time
to react.
Public hearing opened 10:10
Kent Aden, 350 West Ash Street, San Diego, applicant, stated proudly that much of the vision
for the Ranch is now on the ground and is exceeding our expectations. Otay Ranch has signed
an Olympic Parkway agreement that will shortly be going to Council whereby they are
committing themselves in excess of $30 million dollars to build Olympic Parkway.
Mr. Aden further stated that the Village Core is a key concept for Otay Ranch and the changes
that are before the Commission tonight greatly increase the viability of the core and commercial
area
Otay Ranch is committed to providing fire and police access to the project; we have added over
4 emergency access points to this project, we have cooperated and suggested that the fire
department drive out to the site and we are also still committed to the concepts in the GDP.
::;-
Planning Commission Minutes
- 12 -
April 14, 1999
The narrower streets are a key concept of the plan, and for the benefit of the new commissioners,
Mr. Aden clarified that narrower streets do not mean that we put less land into the streets; the
same exact right-of-way as other streets in the city is provided. What we did was take 4 feet of
paving and put it in the parkway instead, pulled the sidewalks back from the streets to create a
more positive pedestrian experience and bring that landscaping along the edge of the street. Mr.
Aden expressed a desire to do a workshop on pedestrian-oriented developments utilizing narrow
streets.
Public Hearing closed 10:20.
MSC (Ray/Thomas) (7-0-) that the Planning Commission adopt Resolution PCS-96-04A
recommending that the City Council approve Tentative Subdivision Map (PCS-96-04A) and
resolution PCM-9S-D1C recommending the City Council approve the amendment to the Otay
Ranch Phase Two RMP and that staff clarify and address the concerns raised by the Fire
Marshall with regard to street width and the connection of Montera Street and Cameros Street
as emergency access points. Motion carried.
DIRECTORS REPORT:
Jim Sandoval, Assistant Director of Planning reviewed the items that are tentatively schedule for
upcoming meetings, they are:
A workshop on May 19'" regarding SANDAG's 2020 Regional Growth estimates
A workshop on June 16 regarding economic development
COMMISSIONERS COMMENTS:
ADJOURNMENT at 10:30 p.m. to the Planning Commission meeting of April 28, 1999.
~~~~~
Diana Vargas, Secretary to Pia ing Commission
~
~
-.-
.
1_.
C HULA VISTA PLANNING DEPARTMENT
LOCATOR PROJECT The Olay Ranch Company PROJECT DESCRIPTION:
C9 APPLlCANr. AMENDMENT
PROJECT Otay Ranch Request: Amend the Otay Ranch General Development
ADDRESS: Plan Phase Two Resource Management Plan.
SCALE: FILE NUMBER: 7
NORTH No Scale PCM-97-11A ATTACHMENT 3
h:\home\planning\carlos\locators\pcm9711 a.cdr 6/29/99
TrlE 1"\ 'i OF OWLA VlSTA DlSCl..OSURE S- . 'I'EME<"T
You are rcguil"cd to file a S:atc:ment of Disclosure of =-.aiD ownCISbip or financial ill=, payments, or campaigIl
contnDutiOIlS, on.all matter.; VIl1ich 'Will TCquire disaetiOllary aaiOD on the pan of the ary Coun;U, Planning Connnm:;oll, aDd
all other offu:ial bodies. 'The foDowing information must be disclosed:
1. Ust the names of aJl persons b2ving a financial in= in the property which is the subjc:1 of the appli::ation or the
~ c.~ owne:. 2pplic:ant, CllIlII3QOr. 5tIbconu=or. material supplicr_
Village Development
~he Otay Ranch, L.P.
2. If anypcson"' irir,,'ir."'" pw.....w1 to (1) above is a t:mpDI3Iion or panncship, list the= of.all individuals owning
more than 10'li> of the shares in the corpontion or owning any parm=hip intereSt in the pannCIShip.
James P. Baldwin
~~frea E. Baldwin
3. If any pc:n;on- jri~ 1'=1 10 (1) above is:nnn-profit Drg"Tlmri"" or a 1r1ISt, iist the lIlIIDCS of aypc:son
s::mng as .din:aor af1he 1IOJliII'Dfit ..,~tiOD or as = Dr ~Mony Dr=- of the tnISt. .
.N-/A
4. Baveyou bad mmclbaD S2SD~ ofbusiDCss 11""'="""" with aymembcr-afthC Otysm1f, Boarch, Comm;m""".
Committees. 2nd COundl within the past twelve 1"nnth<.? Ycs_ NJY If JCS, plcase ill";"""" pcson(s):
5. Pl= identify each and ~ pe:sm:, including any agents. employ=, consultants. or independent Con= who
you have assigned to ,.",~ you before the at)' in this matter.
Kim John Kilkenny
Ranie Hunter
Robet Cameron
James Bald-win
Kent Aden
Alfred Baldwin
6. Have you and/or yom ofli= or agents. in the al:o"fCE3te, CODtnDuted more than Sl.[XXl to a Councilme:nbc:r in the
C"~rre:1l or prc=ling e1e::tion period? Ycs_ No.2. If yes, state which Councilme:nber(s):
Dale:
January 14,
- . . (N0'lE: .AnadI-Mirin=t ~. .. .
1997 ~
I Sigua~ of amtIaetorJapplicaDt
Kim John Kilkenny, Vice President
Print or type name of C3ntraetorlapplicant
ATTACHMENT 4
. ~adzf=1J= 'An)'~jims.~.joinz==. ....;-..~d1J,.fn=n#1-.- ;"...;-.._,..........<=IC,=>:;n:::M:-.~=
/his lln4 tznj """" _ city IlftI! """"'1. city~. dis:ric, cr ""'" poiiDaI ~1Xl, cr ""Y tJIiJa FDlp cr ar-o;.,...;- aaint III C "",,"
~
Page 1
Otay Ranch General Development Plan
Phase 2 Resource Management Plan Amendments
Attachment 5
r
07/08/99
Attachment 5
0::
C>
~
'CI
0::
=
C> '"
.... en ..
.c CI) 'S:
>~ E :u
(l)ii= 0 ~ U)
ICL _ ..... =.- CD
:i: E ~- E .i:' c: en -
mc>"'::::=';::~ :ll~
a:(..):E-'=~E ';:=
LLI'CIoa~=(..)C..c e-==
:z i c'cG.1o~= ><s~
3C .....~a::i ",= E gafi.c
o >OCL.> a:;=U):=':::"'CI'~
!!J!!ca~!l2at=C>>"'"
l5 ocnoz ",.l;l f!'E~0
~1IIIll;;;c:s..,:I::i
.....
m
::::i
I-
Z
.....
~~
~~Il! ~> ~
7;1 6~ ~
:Cz
u-
z
z
:s
Cl..
....N...
IIII:I''''CD,....CQ=~
M
...
...
-
m
-
:z::
><
w
'in
~
~
E
~
00
"
~
:B-
'"
'"
'"
;::
=
<it
~~
.
~
'" '"
l!! '"
<l; l!!
'" >- <l;
l!! '0
<( :J E
i'i5 CD
~ CD E
Q) ~ g-
etS ~ 5 ~
~ a.. m ~
<l; (5 a: '0
~ ~ ~ ~
Q) (ij '00 :5
(/J C C (/J
~ J: ~ c?5 ~
w
~ ~LJLJ
;;.!::
5~
~.
&-
g&:
II
[]
~~
0::,-
EQ)
",II)
El!:!
~c.
'"
C:Q)
:11l::!
"'::I
20
:::III)
5lQ)
~a:
NQ)
",,-
Ult)
.Jgc:c
0... I
..<::11)
<..>.....
~~
a:...
>...
'"
-
o
f
j
J
!
I
~
3. COASTAL SAGE SCRUB RESTORATION
Amend the Phase 2 Resource Management Plan to implement the MSCP Letter of
Agreement regarding CSS restoration as follows:
Amend pages 74 and 75
Coastal Sage Scrub
Section C.2 of the Baldwin Letter of Agreement between Village
Development and the California Department of Fish and Game and U.S.
Fish & Wildlife Service. incorporated by reference as Exhibit A
(Agreement), contains a provision that the requirement to restore coastal
sage scrub would be eliminated in exchange for deleting certain
development areas from the GDP land use plan. The Agreement does not
apply to maritime succulent scrub habitat. The aaeeteEl MSCP aaEl
atteflGaflt ew:irsflfBsHtaI 888umematisfl iRTalemeFlt tile Ralw.w:i:a Letter sf
~AA~eeff1eBt fer tilese "BF8"BeFties ~::Rielt Rw:e feasaea ae:reem.eHt w.~:it.f1 tlle
reS8Ri"Ses aesasies tlKealCk the eRase imelem.eBtatisH sf the 1i~CP. The
Agreement applies only to Otay Ranch Company property as indicated on
Exhibit 13. The eamase sf tHe eiS8l:1SsieB eels.,.; refleets ~e restsFatisH.
reaairsm8Rt. 1..:f1iek Y.~8HI8. Be if} Blase if tHe ae:resHleBt ,":itlt the FeS8Rree
aeeReies y:ere Bet ifHBlemeatea tarsae:a8at tRB sHtire Ota\' Ransk. For all
other areas of the Otay Ranch the following CSS restoration requirement
applies:
As depicted in Exhibit 15 below, development of the Otay Ranch villages
and planning areas would impact approximately 2,736 acres of coastal
sage scrub. Another 529 acres of degraded coastal sage scrub (dCSS)
would also be impacted. Thus, the total area of coastal sage scrub (of
some variety or correlation) impacted through the development of Otay
Ranch is approximately 3,322 acres.
This calculation assumes that all the area within a village shown within a
GDP "development bubble" will be impacted. However, some of these
areas may be preserved due to environmental or land use decisions made
at the SPA and Tentative Map level of planning.
As discussed in the Conveyance Plan, the obligation to restore coastal sage
scrub should relate to impacts to coastal sage scrub on a village-by-village
basis. That is, for every acre of coastal sage scrub disturbed or destroyed
within a village, the village applicant should be required to restore a
compensating amount of coastal sage scrub elsewhere within Otay Ranch
to ensure 1,300 acres of coastal sage scrub will be restored at buildout.
[The 1,300 acre figure reflects the requirement that 85% of Otay Ranch
coastal sage scrub will be protected, 70% through preservation and 15%
I~
Page 3 07/08/99
(1,300 acres) through restoration. If the preservation amount is greater,
tlte restoration requirement will decrease.]
Under tltis approach, for every one acre of coastal sage habitat destroyed
on a village-by-village basis, the applicant would be required to restore 0.4
acres of coastal sage scrub elsewhere in Otay Ranch. Exhibit 15 below
depicts the resulting restoration obligation for this alternative.
Amend page 135 as follows:
3. Coastal Sage Scrub Master Plan (Appendix F8) Otay Ranch Coastal Sage
Scrub and Maritime S1I6slIIeBt SSM Habitat Replacement Master Plan
Section C.2 of the Baldwin Letter of Agreement between Village
Development and the California Department of Fish and Game and U.S.
Fish & Wildlife Service. incorporated by reference as Exhibit A
(Agreement), contains a provision that tlte requirement to restore coastal
sage scrub would be eliminated in exchange for deleting certain
development areas from the GDP land use plan. The Agreement does not
apply to maritime succulent scrub habitat. The aaslltea l\1SCP BRa
atteFlfiant ew:ireFlJlleetal aes1::lm.efltatieB ifHsIBHlem tHe RalEl!.yiB Letter sf
~A~eT13elTleftt fer tfiese BFsaerties ,,":hisR Rave reReBeE! ae:reemeHt .,"dt.h t.he
resel::lrees aeefleies threl:ll2:a the BRase imelemeBtatieB ef the 1fSCP. The
Agreement applies only to Otay Ranch Company property as indicated on
Exhibit 13. THe B1::lFa8Se sf the EliSGRSsieH eeIE)",\' refJ.eets tHe festeFatieB
resHiremeftt. T,ykiek v.~e1:l1a 88 iR Blase if t.:Re ae:resmeflt T.\'itk tke fesearee
ae:oosies ~.Yoce Bet imelemeBtB8. t.m-sueJ'l81:1t the eBtiF8 Ota~: RansR. For all
other areas of the Otay Ranch the following CSS restoration requirement
applies:
The Otay Ranch General Development PIan/Subregional Plan and the
Phase 1 Resource Management Plan contain the following policy
language:
Policy: Develop a restoration program for coastal sage scrub (and
maritime succulent scrub) habitat. Coastal sage scrub restoration
activities shall commence prior to or concurrent with approval of
tlte first SPA within Otay Ranch and shall have achieved success,
based on performance standards included in the RMP prior to or
concurrent with approval for any development resulting in
significant impacts to coastal sage scrub habitat occupied by
California gnatcatchers on the Proctor Valley or San Y sidro
Mountains parcels. (GDP/SRP Page 368)
The Phase 1 RMP expressly requires the preparation of several resource-
specific management plans, including the Vernal Pool Management Plan
/3
Page 4
07/08/99
and the Range Management Plan. However, the Phase 1 RMP does not
expressly require the creation of a Coastal Sage Scrub Master Plan
concurrent with the approval of the initial Otay Ranch SPA.
However, upon analysis, it is apparent that CSS and MSS restoration
activities should be guided by an overall Coastal Sage Scrub Master Plan.
Such a master plan ensures that there are opportunities throughout Otay
Ranch to restore 1,300 acres of coastal sage scrub, as identified in the
GDP/SRP.
Amend page 139 as follows:
Coastal Sage Scrub Pilot Restoration Program
The Otay Ranch General Development Plan/Subregional Plan and the
Phase 1 Resource Management Plan contain the following policy
language:
Policv: Develop a restoration program for coastal sage scrub (and
maritime succulent scrub) habitat. Coastal sage scrub restoration
activities shall commence prior to or concurrent with approval of
the first SPA within Otay Ranch and shall have achieved success,
based on performance standards included in the RMP prior to or
concurrent with approval for any development resulting in
significant impacts to coastal sage scrub habitat occupied by
California gnatcatchers on the Proctor Valley or San Y sidro
Mountains parcels. (GDP/SRP Page 368; RMP Policy 3.4)
Tke PRase 1 R!fP FEUtHiF8S tRat eeastaJ sage restsratisB aeti.....ities shall
eemHlBBSe 13rier t8 af eSRSHFf8:at ",:ita BflPfEP:al sf tae iBitial Otay Ranell
gp.:I., The adopted final Otav Ranch Findings of Fact provide that
restoration success must be demonstrated prior to or concurrent with
development resulting in significant impacts to inhabited coastal sage
scrub. However, Section C2 of the gahiwiB Letter sf Agreement between
Village Development and the California Department of Fish and Game
and U.S. Fish & Wildlife Service, Exhibit A, contains a provision that the
requirement to restore coastal sage scrub would be eliminated in exchange
for deleting certain development areas from the GDP land use plan. +he
aasBtea ~vfSCP ana attsBaaRt eWliFsnmeRtaJ aesHllleBtatieH. ilTiBl9Hi8Bt tfJ.e
Rala?:iR Letter sf ~A..J2:reemeFlt fer these BF8Berties ....,:Risk R~:e raackaEl
8gfBBmeHt ....:ita tRe reseurees ae:eHsies thrsHe:a tke Baase ilTli91emeBtatisR
sf tae MgCP. The Agreement applies only to Otay Ranch Company
property as indicated on Exhibit 13. The purpose of the discussion below
reflects the restoration requirement. which would be in place if the
agreement with the resource agencies were not implemented throughout
the entire Otav Ranch.
Page 5
1,/
07/08/99
This tasl: has BeeR 13erfsrmea threagh the fJref)8fatisB sf tRe Ceastal Sage
~ srae RestsratisR Pre gFatR 'T,'lHea iRslaGea ilTT{estigatisR sf sanEliaate sites
fer iRitial restsFatisR aetiT:ities. HS'J:eT:ef, the aElsfJteEl HRal Ota)" Ranell
FiRaiBgs sf Fast fJFsT:iae taat restsfatieR sassess mast Be aeBieRstF&tea
f)rier t8 Sf SeBGl::H"FeHt T.T/ita ae":elefJHleat resHltiBg iH sigaitisant ilRfJaets t8
inhaBited eaaetal sage sems.
thF8aeaeltt the eHtiFe Ota-y Rauea.
6.
GRAZING WITHIN WETLAND AREAS
Amend page 133 of the Phase 2 Resource Management Plan clarifying prohibitions
against grazing within wetland areas as follows:
With respect to Range Management activities within areas designated for
further conveyance to the Otay Ranch Preserve, the Range Management
Plan includes the following recommendations:
. Eliminate grazing in the area designated Vernal Pool Preserve
(pasture 9) at the onset of winter rains through summer when
plants have set seed and senesced (generally by early summer).
Restriction of grazing shall begin after the first final maps within
Otav Ranch are approved ia late 1997 early 1998; either fencing of
the Vernal Pool Preserve or elimination of grazing on Otay Mesa
will be required to implement this recommendation.
. Coordinate grazing activities within the Vernal Pool Preserve
with restoration activities presented in the Vernal Pool
Management Plan for Otay Ranch (Dudek 1995a); grazing should
be eliminated entirely from the Vernal Pool Preserve prior to
initiation ofrestoration activities.
. Eliminate grazing in riparian habitat in the Otay River Valley
(Horse, River Valley West, River Valley East, and O'Neal
pastures) during the winter through summer months following the
onset of winter rains beginning after the first final maps within
Otav Ranch are approved ia late 1997 early 199&; some repair of
existing fencing and new fence construction will be required to
implement this recommendation.
7. STEEP SLOPES
Amend the Exhibit on page 162 of the Phase 2 Resource Management Plan to reflect
changes in permitted development patterns, as follows:
IS-
Page 6
07/08/99
Exhibit 29
Steep Slope Allocation by Villages
Assumed Steep
Slope Impacts Proportiouate Permitted to be
(Village + Roads) Reallocation Disturbed
Village 1 83.9~ 15.2 &-9 99.1~
Village 2 75.0 13.0 88.0
Village 3 25.7 4.4 30.1
Village 4 57.8 10.0 67.8
Village 5 5.6 ++.+ 1.0 +B 6.6~
Village 6 7.6 1.3 8.9
Village 7 13.7 2.4 16.1
Village 8 25.4 4.4 29.8
Village 9 56.4 9.7 66.1
Village 10 47.5 8.2 55.7
Village 11 15.8 2.7 18.5
Planning Area 0.0 0.0 0.0
12
Village 13 94.3~ 17.1 ~ 111.4 ~
Village 14 135.8 23.5 159.3
Village 15 1 77.1 -l-9;h.l. 32.2 JJ4 209.3 ~
Planning Area 80.3 13.9 94.2
16
Planning Area 187.4 32.4 219.8
17
Planning Area 0.2 0.0 0.0
18a
Planning Area 0.7 0.1 0.8
18b
Planning Area 0.0 0.0 0.0
19
Totals 1090.1l@,4 191.6 1281. 7 1301.9
Delete from the Phase 2 Resource Management Plan document Section (h) - SPA
One SteeD SloDe Analvsis on pages 162 and 163.
The analysis in this section pertained specifically to SPA One and has been
completed with the implementation of the SPA One tentative map.
Page 7
I?
07/08/99
17
~
The Baldwin Company
Craftsmanship in building since 1956
November 10, 1995
Mr. Gail Kobetich
U.S. Fish and Wildlife Service
2730 Lower Avenue West
Carlsbad., CA 92007
Ms. Lari Sheehan
Assistant Chief Administrative Officer
County of San Diego
1600 Pacific Highway
San Diego, CA 92101
lv'll'. Ron Rempel
Department ofFish and Game
1416 9th Street
Sacramento, CA 95814
Mr. John Goss
City Manager
City of Chula Vista
276 Fourth Ave
Chula Vista, CA 91910
Dear Gentlepersons:
Enclosed is a summ<L)' of the elements of the Otay Ranch MSCP Subarea Plan
agreement. I.Jook forward to your questions or comments. The Baldwin Company does
not object to public discussion of this agreement.
Sincerely,
Enclosure
KJK/cc
cc:
Jerry Jamriska, Otay Ranch Project Team
Bob Leiter, City of Chula Vista
Bob .A.sher, County of San Diego
.turn Ewing, County of San Diego
Tom Oberbauer, County of San Diego
ATTACHMENT 6
If
119'5 El Camino R:aJ . Suite 200 . San Diego. CA 92130 . (619) 259-2900
SOG1H COUNT!:' SVBAREA PLA"
Tne foliowing are the elements of a proposed ~"Teement between the City of Chula Vista,
the County of San Diego, the California Fish and Game Department, the US Fish and
Wildlife Agency, and the Baldwin Company concerning the South County/Otay Ranch
MSCP Subarea Plan relative to Otay Ranch properties controlled by Tne Baldwin
Company or Baldwin Company affiliates.
_A.. Elimination of Otay Ranch GD P /SRP Development Entitlements
Tne South County/Otay Ranch MSCP Subarea Plan will be prepared, and the Otay Ranch
GDP/SRP Plan will be amended, to eliminate development entitlements for the following
areas and to designate such ar...as as part of the MSCP Preserve.
'-
1.
Central Proctor Valley (Otay Ranch Village 14, See Exhibit 1) f~r 9r.s .pr.e. i-EV~/~
q/ S!CI.7- 1,.Opo;llz..
a. PVI: Approximately 10 acres located west of Proctor Valley Road designated
"u" by the Otay Ranch GDP/SRP containing approximately 20 dwelling
units.
b. PV2: ADoroximatelv 70 acres on the east side ofVilla!!e 14. desi=ted "L2"
~ ... ..... - ....
by the Otay Ranch GDP/SRP, containing approximately 35 dwelling units.
c. PV3: Approximately 1192 acres of land in the south= portion of Village 14
designated by the Otay Ranch GDP/SRP as "LMV 3" and "LMV 2",
containing approximately 290 dwelling units.
2. Resort Village (Village 13, See Exhibit 2)
a. RI: Approximately 40.5 acres of land in the eastern portion of Village 13
designated "L2" by the 0tay Ranch GDP/SRP, containing approximately 81
dwelling units.
b. R2: Approximately 88 acres of development in the eastern portion of Village
13 designated "LMV 3" by the Otay Ranch GDP/SRP, containing
approximately 264 dwelling units.
c. R3: Approximately 9 acres of development in the eastern portion of Village
13 designated "LMV 3" by the Otay Ranch GDP/SRP, containing
approximately 27 dwelling units.
3. Southeast of the Lake (Village 15, See Exhibit 3)
a. SEI: Approximately 42 acres of development in the southwest portion of
Village 15 designated "VLO.7" by the Otay Ranch GDP/SRP, containing
approximately 16 dwelling units.
1:\KJK\ 1995IMSCPSL'B.DOC
11110_'95
19
b. SE2: Approximately 48 acres of developmem in the southwest ponion of
Village 15 designated "VLO.i by the Otay Ra..'lch GDP/SRP, containing
approximately I i dwelling units.
B. Areas of Development Added to the Otay Ranch GDP/SRP.
The South County/Otay Ranch MSCP Subarea Plan will be prepared, and the Otay Ranch
GDP/SRP will be amended, to designate the following areas as developable and remove
such areas from the Otay Ranch Preserve.
I. Poggi Canyon, (See Exhibit 4)
Land in Otay Ranch Villages One and Two, west of Paseo Ranchero (PI) will be
designated developable for'residential uses or for the construction of public infrastructure,
(primarily Orange Avenue, related utilities and a trolley line). The expanded residential
development ar-..as within O1ay Ranch ownership will equal approximately 140 acres
(Village One and Village Two combined) and contain a land use designation of"LM 3",
permitting 420 units. Development would also be permitted in the small Wolf Canyon
finger between Village 2 and Village 3, currently omitted from development as a
potential avian corridor linked to Poggi Canyon (P2). All these areas (Villages I, 2 and
3) will be removed from the Otay Ranch Resource Preserve and excluded from the MSCP
Preserve. The Poggi Canyon area east of Paseo Ranchero, between Village One and
Village Two, is not part of the Otay Ranch Preserve, or of the Draft MSCP Preserve
because the area contains low quality, fragmented and isolated habitats, not sustainable in
the long term. Entitlements may be approved and development may proceed in that area
resulting in the development of occupied habitats.
Ponions of the land west of Pas eo Ranchero (PI) are not within Otay Ranch ownership.
These properties would be governed by this agreement and would not be included in the
Subarea Preserve. Development entitlement for these properties would be determined by
the City of Chula Vista, effective upon annexation.
.,
~.
Village 10 and II (See Exhibit 5)
a. SCI - Otay Valley Road. Realign Otay Valley Road.IHunte Parl.:way eastward
to the road alignment depicted in Exhibit 5 (which roughly equates to the
alignment contained in the Otay Ranch Phase 2 Progress Plan).
b. SC2 - Village 10 and 11. 'Expand the development area in Villages 10 and II,
eastward to abut the newly aligned Otay Valley Road/Hunte Parkway, adding
approximately 93 acres of development with a land use designation of "LMV
4.5", pennining approximately 460 units. This will cause a minor adjustment
in the configuration of the adjacent community park to ensure that the area
contains 25 acres of viable park land. (5C3)
I :\KJK\ 1995\~lyfSC?Sl.'B.DOC
11110195
2 c:Lb
Viliage ? oW' (See Exhibit 6)
a Rock Mountain. Expand the development area in Village roW' to indude
approximately 70 acres roughly located on Rock Mountain and increase the
permissible number of dwelling units within Village Four by 350 units (the
location of new units will be determined by the land use jurisdiction through
the GDP/SRP amendment process).
4. Village Nine (See Exhibit 7)
a Soutil of Otay Valley Road. Add approximately @)acres in three new
development areas to Village Nine south of Otay Valley Road connecting the
exiscing four deyelopment "blobs". The land use jurisdiction may reallocate
Viliage Nine dwelling units to the area south of Otay Valley Road.
C Other Considerations
1. City of Chula Vista and the County of San Diego will decrease densities
within the Otay Ranch transit village cores from an average of 18 dwelling
units per acre to 14.5 dwelling units per acre, resulting in a decrease of 1,057
units (Villages 1,5,6 and 8).
2. Draft the MSCP Subarea Plan and amend the Otay Ranch GDP/SRP and
related documents to eliminate coastaL sage scrub and maritime succulent
scrub mitigation requirements for restoration.
3. California Department of Fish and Game agrees to approve the establishment
of a Habitat Maintenance District to fund the Otay Ranch Resource Preserve
ptLTSUant to the provisions of the Habitat Maintenance District Act.
4. The parties agree to support the establishment of a federal wildlife refuge for
the designated Otay Ranch open space areas east of the Otay Reservoir. Upon
the establishment of such a refuge, the fish and Wlldlife Agency will be
designated the Otay Ranch Preserve OwnerlManager for those portions of the
Otay Ranch Preserve that lie within the refuge. The City and the County will
thereafter require that Otay Ranch preserve land be conveyed to the Wildlife
Refuge, consistent with the provisions of the Otay Ranch GDP/SRP, RMP and
Preserve Conveyance Plan. Land conveyed to the Wildlife Refuge shall be
the maintenance respOnsibility of tile fish and Wildlife Agency or its
designee, without fmancial assistance from assessment districts or other
fmanci..."lg or exaction mechanisms imposed by the City of Chula Vista or the
County of San Diego.
5. Tne parties agree that the initial Otay Ranch Preserve Financing Plan program
will be established to generate sufficient revenues to maintain the entire Otay
Ranch Preserve without the creation a Wildlife Refuge. However, if a
1:'.KJK'.I995\.\.iSC?SL'E .DOC
I Iii 0/95
3 OL(
Wildlife Refuge assumes mainte=::e responsibility. for preserve land, the
firs: priority for revenues divened from maintenance of refuge land shall be
for O:?y Ranch Preserve OwnerlManager tasks v..ithin the western ponions of
the Preserve, which were not initially funded through the Phase 2 RMP
ii.nan::e mechanism (specifically the establishment and maintenance of a
Narure Interpretive Center and research and education programs associated
with the Nature Interpretive Center and the Otay Valley Regional Park).
6. Tne Sensitive Resource Study (SRS) area contained within the Otay Ranch
Resort Village (Village 13) shall be removed from the Otay Ranch GDP/SRP
and State and Federal agencies shall not object to development of such areas
pursuant to the Otay Ranch GDP/SRP/SRP.
7. The State and Federal Resource Agencies agree to issue necessary "take
permits" for th~ development of Otay Ranch consistent with the land use
entitlements contained in the Otay Ranch GDP/SRP as modified through the
implementation of this agreement.
D. Implementation Process
Tnis agreement silall be implemented through the following process:
1. Suba.rea Plan. The City of Chula Vista and the County of San Diego shall
proceed with the development of their respective MSCP Subarea Plans which
incorporate the Otay Ranch Planning Area. Tne Subarea Plans area shall
reflect - the provisions of the' Otay Ranch GDP/SRP as proposed for
modification by this agreement. For those areas for which it is proposed that
current Otay Ranch development entitlements be eliminated (Section A
above), the Subarea Plan shall provide that take permits will not be
author..zed. For those areas for which it is proposed that additional areas of
development be authorized (Section B above), the Subarea Plan shall provide
that take permits will be authorized. The Subarea Plan text shall also
incorporate the provisions of "Other Considerations" as discussed in Section
C above.
2. MSCP Process. The Subarea Plans shall be submitted to the City of San
Diego for inclusion in the revised MSCP, including necessary enviromnental
reVle~t.
3. SF", One. The City of Chula Vista and the County of San Diego shall
continue processing the Otay Ranch SPA One application and related
documents (including but not limited to the SPA One tentative map, the Chula
Vista Sphere of Influence, the initial Otay Ranch annexation, the Otay Ranch
Overall Design Plan and Otay Ranch Phase 2 RMP).
4. General Plan A.mendment. Soon after approval of the Otay Ranch SPA One
La.~d Plan, tentative map and the annexation of SPA One into the City of
t:\KJK'.1995\1vl.SCPSL'B.:XX:
jino.'95
4 o2.:.l.
Chuia Vista, the Baidwin Compan;' shail initiate a General Plan Amendment
applications through the City of Chula Vista and the County of San Diego
seeking plan amendments to implement the components outlined in A, B, and
C above. It is understood that as a private appiicant, the applicant shall pay
full cost recovery fees for the processing of the General Plan lunendrnents.
E.
Timin"
o
1. All parties understand that time is of the essence, with respect to the
preparation, review and action on MSCP documents and SPA One related
documents (as outlined above). Implementation of the MSCP Subarea Plan
agreement is a distinct and sepa.,-ate process from the processing of SPA One
related documents. Implementation of this agreement does not require delay
of the timely consideration of SPA One related applications. To the contrary,
failure to proceed with SPA One related applications jeopardizes the ability of
Tne Baidwin Company to impl=en! the elements of this agreement.
2. Implementation of the elements of this agreement is not dependent upon
resolution of outstanding MSCP issues involving Otay Ranch propenies not
controlled by Tne Baidwin Company or Baidwin Company affiliates.
1:\i0K\ 1995\MSC?SL~B.DOC
1 ill 0'95
5023
- ',' -. -,. ~
-~-~ '~:-:.-'_= = .::':~-_' .r.'
D'.::.::.;.: .=:_- <.~,' ~ .:.:: _ _ _.
......--.""'..
1'1/1
Regional
Wildlife Corridor
Design Guioeiines Required
lor Uses on Wildlife CorridDr Edge
Open Space Buffer to Jamul
Open Space
Scenic Corridor
.l..--
. Cluster Residenlial Uses
Around Golf Course
CDnceptual Golf
Course Location'
Utilize Landform Grading
Adjace!1t 10 Resource Management
Plan Open Space
=.::h::.it 58 Villa~e :~un~en Land Use Map
-pJ~
~~
'- I/~--,'
--:-J I ~~" , I
.-~:, --.J
-.,;i~ L..:
- ,,~
~""
o~~ 0
I~.,
"
Ocrober 23. 1993
cXy
- 'o=;
.""'::.ge 1__......
"
,
,
I
,
- 0
E>
=: c.
'" :::
~:E
o >
_ 0
;;c::
o .
~.
O.
iii<
~
o
o
~
.
o
.~
o.
~~
-=~
. .
86
~$."
~E
0<
~;
~ 0
;~
~~
-
~
.2.2
~.
o 0
~~
o~~
::: l\Ic.
~E~
~<oO
i c: g.
~ 0 ~
:;::;;e
~~~
~z
o
o
o
~
~
.
~
o
o
!i
.-
~o
E ~
o 0
U ~
o
~'ii
- >
. 0
.0
0=
~ e
'2;.2-
.~
-=<
"0;;,=
:t'i
.
o
D
.:E
=~
o _
.-
~o
:.;
..=
. ~
O.
~c
-'"
- .
o 0
i:'~
. .
~~
i~
,:';-
iDO
-:--- ~ ~
. :i;E
, -
..~
I
or.,;
rl'('/ ~
~)
\' "". '
.: "," -
~- '. ..~
'\,j c...
1"'.
/-,....\} :i;:!f:;
~ ./#'
~~
~~
'(~
. ~
<--1
:).
~
_ r.... ,"'c!)----------.
/
-..---,
E:
U~~
~/'I
fFW~i( I
, i
I
<r;
'"
'"
>-
~.
.
.
o .
- 0
::~
:5~
.~
. '
-~
<.
-:'0
00
. -
. 0
~c:
~
- .
, .
o 0
= u
o u
c<
~ 0
0=
o~
o =
0"
. 0
'C::2
o >
u 0
;-~
~ ;.:
- .
0_
. -
::.Ci
v.u
1-
~~
,.
,,,"
i.':'
1-
.
o
E.
DO
0'"
~-=
E8
. .
.,,-
~~
c::i
'C;
c=
. .
- =
::::~
. 0
r:;=
o
~~'i:
-~>
;;;:1 l\I
-~~
S .. <
O.~
oov.
::<;:
E~~
;~~
o
E
;
u
. 0
o~
~~
oc.
u 0
_ u
_ 0
o 0
<ou
..
"
5
!
..
~
>
:;
~
;-.
!g
I-
I'
!~
It.
,~
I'
,-
.",
1-
~
~
i
~ ,.
.::xnlbit 3
Dray R=h. GDP/SRP 0 Part II
Provide for Re .
Wildfif C . 910nal
e omdor
Utilize Landf
in Lower Denos: ~~~~ng
Design Guidelin
for Uses on W'lde~ Required
I life Corridor Edge
Open Space
Scenic Corridor
Vernal Pool Stud
Area' S b' Y
. U jel'""!' to -
Study at SPA~' r-urther
Level
~I
SE -z.
. Pro_Vide for Region<
TraIl Connect"
Ions
Provide for Protectio
of Stream Bed n
Utilize Landfo G "
Adjacentto Re7our~:lng .
Management Plan 0
pen Space
Exhiort 70 Vi!
lage rih""n land Use Map
Ocrober 28. 1993
~
Page 200
/)~.
;~.
;. '..
.... . ,""--' :.
,.-- r-:-... ...... "-..----.:..s......, '.
-~~. ", '.==:: ;.:~.........~ ........- /0"'-
.....:...(- ._..._~
::..:.:~:~'~:~o ;; <-::'
.......>~\ - :"- . '--.J -\'~~;
'::':~>~j '.---':S~>~;
<,.tv,..-. .
V
iL.:"':".G= ~
,
~'.'V
:-.''--------0
...--./.....~
'-~
J
:
........::......
. .....::........ ..'
: ..' .....
. '~.'
.r:"'~1
'-x5'" 502
"
,.
U
,.'
VILLAGE 7
C?
LMV.5.0
~
I
, ,
hllj; I ~:7J
7_. -. -.:- ';;:." oi,,;;,-' f - --;-<'- ,uP.FoJic'A7f' -'_
i=tJs~_ l' ".(
~ e _,.(
-h..
~ ,.
'. ..(
NAP
.~
O'4Y
.... -. ...f;'
~.-_:.
~ "';!:..w.~_...__.
< ;(:;>}\,<:<: <.
~+- --.r- . .~-----.,.-
L.--- . --...., ____.
~.", ':..,
~,
r...~.,.-.-
".
o
-
,
!>-
'i
~ \
(' T
t:;~.. "~Im'~
~P';"f'f
-
~.
.-
,
~
- .-.,~~;;;/
~:;OCK;;';:oo._::
" I.......
: " ::.---=';-
:-~.--
,~
/
:... co:-....
,
,
~-- \-:
-...... ,,--
- "
-5.5.7 _
~
"
'j
/
/
"----.
-=:,......
.'-.-/
./
-/j -
. '.C', '----?
-';:'~~':/ ------ .
'~:.-_;. "...-.
-
"-::----,
,
,
VILLAG::::5 I
.0:;.
22 (0 '\i ;--
)0 1/
,
~ lL__
V .~.;,'f:.
.--
~
s=-':::
-:
-"",
"-.J
.~
"--.
"- -. S j.:
I.~ \
\ ~<==-J
5j~i;
(:-
'\
\..
\..
-;..;..
u~ - _---
--. -
'<.'
-~ =
:,., ~~.;
..-.
<
..:;
-:
-",.,
=
_.~~.~ ..>; ~ ......
:"':c.;.' ;.~::.~.:;,-.. ,::;Z1?/ SF;...=-:: .~:::..--: TI
U:ilize Landfor.c Grading
"Techniques Along
Wolf Canyon
Half-acre lots Adjacent to
Wolf Canyon with Remainder
Average. 10,000 sq. ft. lots.
1<Mr
75-foot Average
Buffer Along Arterials
Open Space and Preserve
Rock Outcropplngs
Open Space
Preserve. Provide
.Trail Connections
'to EUe and Otay
River Valley
, Provide forCompatibility
~ - with Village 8
.75-foot Average
'Buffer Along
Arterials
Wildlife Corridor-
limited Deveiopment
Time Development with.
Quarry Closure
Lower Density Development to
Preserve Rock Outcroppings
Study Road Alignment to
Minimize Biological Impacts
E;:hibil 46 Village ;:Our Land Use Map
October 28. 1993
9
Page 14 I
::'-':':":- .=:'::',<.:::,--;, CD.=/SF:';;'.:: :='::;"'-:' [J
75-1001 Average
Buffer Along Anerials
Icansit Right-ol-Way Reservation
with Stop at Village Core
Design Northern Areas for
Compatibility with Adjacent
land Use ot EUC
Utilize Landform
Grading Techniques
Preserve Habitat
Buffer and land
Use Design
to Minimize
Freeway Impacts
Transition to lower
Density Uses
Toward Otay
Valley Regional Park .
Open Space
Scenic Corridor
* ?::t:':::lry use of Vill;Jg: 9 is tJniversiry. Sec:ond.:t.;. use
oi'village 9 is depicted ::loo\'e. See Ot;t~ R:mch L:md
Use Desig::"l.:nior-.s T:lble. ?:l:1 II. Ch:lpter 1. Se;:tion C.
Exhibil 57 Villag! Nine Land Use Map. Seondary ResidenllaJ ViDage Land Use
Oerobe, 28. 1993
30
?=.ge 1 63
3)
, .:...~ .-,
... ~ ";";j,;
~
U.S. Fish & wild~ife Se~.:ce
2730 Loke~ Avenue ~es~
Cazlsbad. c;. 92008
(6:!.9) 431-9"40
?!J..: (619) 43~- 90lB
,..,.
"
"
CA nep~_ of Fish & G~e
1416 Nin~~ S==ee~
PO Box 9"-"'209
Sac~amento ~_ 94244-2090
(916) 653-9767
FAX: (916) 653-2588"
February 22, 1996
Mr. Kim John Kilkenny
Tne Baldwin Company
11975 El Camino Real, Suite 200
San Diego, CA 92130
Re: Comments on the Baldwin Company's proposed Otay Ranch MSCP Plan
Agreement dated November 10, 1995.
Dear Mr. Kilkenny:
Tne u.s. Fish and 'WIldlife Service (Service) and the California Department of?ish and
Game (Depa.n:me:ot) have reviewed the proposed Otay Ranch MSCP Plan Agre=e:ot
(Agreement) dated November 10, 1995. The proposed Agreement between the Department,
Service (collectively the WJ.1dlife Agencies) and the Baldwin Company deScribes changes in
the Ota.y Ranch Project to improve the preserve design for biological resources.
The basic elemenIS oithe Agre=ent are: (1) elim;n~tion and reduction in the development
areas east of Otay Lake and in Proctor Valley; (2) increases in the size of the development
bubbles in pomons of the Otay Ranch west of Salt Creek; (3) realignment' of Ota.y Valley
Roadl:o-J:unte Parb:.-ay; (4) elimination of the revegetation requirements for coastal sage sc:rub
habitat; (5) assumption of land management responsibility for Otay Ranch preserve lands east
ofOtay Lake and in Proctor Valley by the Service; md (6) elim;nllt;on of the vernal pool
study area at the resort site. The Agreement correctly characterizes the development transfers
as generally descn'b-...d in numbers 1-3 above. oUr co=ents on the remaining it=s are
provided below.
The Wildlife Agencies agreed to the elimination of the revege"..ation requirement for coastal
sage s::rub habitat (approximately 1,300 acres) as proposed by Baldwin, but the Agreement
also included the eiimination afthe revegetation requiro..rnent for maritime succulent scrub
(MSS) habitat. The elimination of the revegetation requirement for MSS habitat is not
1
Attachment 7
3J..
Mr. Kilkenny
Februa.-y 22, 1996
acceptable to the Wildlife Agencies, and the Agreement should be modified to eJjmin~te (t,t.b
ref=ce to MSS habitat. To achieve the protection of the Resource Management Plan
(RNIP), there must be no net loss ofMSS habitat through a combination of preservation and
restoration. Based upon the project reconfiguration and potential changes in impacts to MSS,
the percent ofMSS preserved on-site and the acreage to be restored must be re~culated to
me:! the RMP goals.
Tne Agreement should specify that the Service (or at Service's designation, the Depa.."tment
or the Bureau of Land M.anag=ent) will be the recipient of all preserve lands east of Oray
Lake and in ProC"..or Valley and that the Ser.ice will m~m'ge thc traDsferred lands for their
open space and vvildlife values at DO cost to the Otay Ranch project. Any rehabilitation (of
transferred lands) required pursuant to the RMP would require Otay Ranch project.funding.
A.lllands transferred to the Service would be m~n~ged in accordance with the National
Wildlife Refuge System Administrarive Act of 1966 (Refuge Act). The Refuge Act provides
for appropriate :fA~=.ltiODal uses on refuge lands. Prior to the transfer of any parcel(s) tc the
Service, all leases (Including carele grazing leeses), annual use licenses, annual r"ntal
Agreements, etc. must be terminated by the landowner.
The revised Conveyance PIl!D. would specify that all preserve lands east of Otey Lake, in
Procter Valley, and otherwise within thefinaI National Wildlife Refuge planning boundary
would be directly tr:'..nsrerred to the Service. Alllan.ds conveyed to the Service must meet the
Department or justice standards for title. Additionally, the revised Conveyance Plan would
specify that the Se:vice shall be relieved of any and all RMP obligations associated with
transferred lands. Upon -fin~J;~on of the Agreement, the Conveyance Plan would have tc
be modified to reflect the changes. The m~n~sement of preserve lands not transferred to the
Se.vice would remain the responsibility of Baldwin or the Preserve Ovvner Manager and
would be managed pursuant to the RMP. . ..
Tne elimination of the vernal pool study area within the resort site (Village 13) is acceptable
to the WIldlife agencies, however, any impacts to the vernal pools must be addressed
separa1ely from this agreement through section 404 of the Clean Water Act.
The Department conceptually agrees that it vvill approve the establishment of a Habitat
Maintenance District for the Otay Ranch consistent with the Otay Ranch GDP/SRP, RMP,
a.'ld as modified 0)' the Agreemen't Fipal Depanment approval of a Habitat Maintenance
District could not occur until all ou!Stallding issues \\;th the RMP and Conveyance Plan have
been resolved, the specifics of the Habitat Maintenance District have been reviewed by the
Dep~i.lllent, and the South County and Chula Vista MSCP subarea plans have been approved
by the Wildlife .A.gencies. Section C.3 should be revised appropriat"ly.
2
33
Mr. Kilk:nny
FeblUaJ.-Y 22, 1996
Base:: on the above understandi.'1gs, the Wildlife Agencies will process the application foI' the
necessary "take !'=its" for the development of the Qtay Ranch consistent with the land-use
entitlements contained in the Otay Ranch GDP/SRP and as modified by the Agreement.
State and Federal pemrits for the Otay Ranch would be included in any approval of the
County's MSCP South County Subarea Plan and the City of Chula Vista's MSCP Subarea
Plan. The Wildliie Agencies anticipate that other outstanding issues associated v.ith these
plans, the conveyance plan, and the RMP will be resolved by late spring or early summer of
this year. Tne Stat: and Federal take authorizations would be issued consistent with the State .
and Federal Endangered Species Act, the NeCp Act, and rollov,ing the require,l public
noticing and National Environmental Policy Act review.
We look forward to finalizing the Agreement as SOOIl as possible and suggest we set a target
date ror completion of the Agreement by March 30, 1996. If you have any questions
regarriing this letter, please contact Gail Koberich at (619) 431-9440 or Ron Rempel at
(916) 654-9980.
<-. ~o- t-P
Ron Rempel
NCCP Program Manager
Calliornia Department orFish and GllIlle
SinCerelv)J II C ~1J:dv...J.-O.
..' / .. II I
_' /) - I
{)-^-( . n
I ..
Gail C. Kobetich
Field Supervisor
U.S. Fish and Wildlife Service
3
..9y
CITY COUNCIL AGENDA STATEMENT
ITEM No.
)9
ITEM TITLE:
MEETING DATE 07/1 3/99
RESOLUTION / 5~J / ADOPTING THE REGIONAL HOUSING
NEEDS STATEMENT FOR THE 1999.2004 PLANNING PERIOD AND
ADOPTING THE REGIONAL SHARE ALLOCATION AND AFFORDABLE
HOUSING GOALS THEREIN
COMMUNITY DEVELOPMENT DIRECTO~~) Cc.S
DIRECTOR OF PLANING A~~LDING
CITY MANAGE~ ~\ (4/ THB VOTE: YES_ No.1l.)
SUBMITTED BY:
REVlEWEO BY:
The California State Legislature has identified the attainment of a decent home and suitable living environment for every
Californian as the State's major housing goal. Recognizing the important role of local planning and housing programs in
the pursuit of this goal, the Legislature has mandated that all cities and counties prepare a housing element as part of the
comprehensive General Plan.
Pursuant to State law, the City of Chula Vista and other jurisdictions in the region are in the process of preparing Housing
Element updates for the 1999-2004 planning period. The 1999-20004 Housing Element Update must be completed and
adopted by December 31, 1999. Staff is in the process of preparing this document and expects adoption of the Element
by the City by December 6, 1999.
Staff recommends that the City Council:
1) Provide comments on the proposed preliminary goals and policy revisions to the City's Draft 1999-2004 Housing
Element and the proposed citizen participation process, the City's intent to self-certify the Element; and
2) Adopt a resolution adopting the Regional Housing Needs Statement for the 1999-2004 planning periOd and
adopting the regional share allocation and affordable housing goals therein.
On July 7,1999, the Housing Advisory Commission reviewed and voted to recommend the proposed preliminary goals and
policy revisions of the City's Housing Element, the Citizen Participation Process, and the self certification of the City's
Housing Element.
Pursuant to State Law, Chula Vista is required to prepare a Housing Element that covers the period of July 1, 1999
through June 30, 2004. Recent legislation has allowed the San Diego region an additional six months to adopt the
Housing Element due to the delays in the adoption of the 1999 Regional Housing Needs Statement by the San Diego
Association of Governments (SANDAG). Therefore, Chula Vista must adopt its 1999-2004 Housing Element by December
31, 1999. Based upon the deadline for adoption of the Element, staff has already begun the process of drafting the
document (see attached Exhibit 1).
The Housing Element includes the following components:
. An analysis of the City's population, household, and employment base, and the characteristic of the housing stock.
. A summary of the present and projected housing needs of the City.
. A review of potential constraints to meeting the City's identified housing needs.
. An evaluation of opportunities that will further the development of new housing.
. A statement of the Housing Plan to address the identified needs.
/1--1
/;
PAGE 2. ITEM
MEETING DATE 07/13/88
The centerpiece of the Element is the comprehensive Housing Plan with goals, policies, and implementing programs to
address the identified needs. Staff will be recommending that many of the goals, pOlicies and programs remain the same
as the previous Housing Element. It is proposed that the City strive to provide programs to meet the current and future
housing needs of the community by: 1) Maintaining and enhancing the quality of residential neighborhoods in Chula Vista;
2) Increasing the housing stock to meet the City's various existing and future needs; 3) Increasing of home ownership
opportunities for low and moderate-income households; 4) Ensuring that homeless move towards self sufficiency, permanent
housing and independent living; 5) Encouraging new and rehabilitated housing which conserves natural resources; 6)
Promoting equal opportunity for all residents to reside in housing of their choice; and 7) Removing govemmental constraints on
housing development.
Chula Vista's Share ofthe Reaional Housin~ Needs
As required by State Housing Element Law, SANDAG, in conjunction with the State Department of Housing and Community
Development, has prepared an update of the Regional Housing Needs Statement (RHNS) for the 1999-2004 planning period.
The RHNS serves to define the Region's existing and projected housing needs, and to equitably distribute the needs for all
economic segments of the market amongst the localities. The purpose is to ensure that all jurisdictions share the responsibility
for addressing regional housing needs, and to avoid concentration of lower-income househok:Js in areas where high proportions
of such housing already exist. All jurisdictions must adopt the current RHNS, and State Law requires that each jurisdiction's
Housing Element contain provisions for addressing its allocated share of Regional need. The RHNS establishes two forms of
housing need allocation to jurisdictions; Regional Share and Affordable Housing Goals. Regional Share (Table 1) identif~s
needs for new construction housing units for all income groups (very low, low, moderate, and above moderate), and is the
allocation the Housing Element is required to address by State Law. As adopted by the SANDAG Board on June 25, 1999,
the following represents the City of Chula Vista's Regional Share of Housing Needs for the five-year planning period:
Table 1
1999-2004 Regional Share Allocation - Chula Vista
Above
Very Low Low Moderate Moderate
Income Cateno~ (31-50%AMI) (51 - 80% AMI) (B1-120%AMI) (>120% AMI) TOTAL
Ren10nal Share Allocation 1889 1535 2388 4589 10401
% of Reoional Share Allocation 18% 15% 23% 44% 100%
The City's Housing Element demonstrates the City's land capacity and ability to provide for such needs should
development occur.
Affordable Housing Goals (Table 2) is established solely by SANDAG, and identifies the number of lower-income
households needing assistance.
Table 2
1999-2004 Comprehensive Housing Plan
Affordable Housing Goals
Extremely Low Very Low Low
Descrinlion (0. 30% AMI) (31 - 50% AMI) (51 - 80% AMI) TOTAL
Affordable HousinaGoals 278 329 422 1,029
% Affordable Housinn Goals 27% 32% 41% 100%
As indicated by Table 2, the City will be striving to produce a total of 1,029 affordable housing opportunities/housing units
to lower income households, based upon the affordable housing goals for self certification as adopted by SANDAG and the
resources available to the City for the upcoming planning period. The City can meet this goal through such means as new
construction of housing, acquisition and/or rehabilitation, new Section 8 rental assistance, and first time homebuyer
/1-.2
I';?
PAGI! 3. ITI!M - ,
MI!I!TING DATI! 07/13/88
assistance. Additionally, staff will be exploring the possibility of meeting the City's affordable housing goal and regional
share through the development of alternative types of housing, such as studenVathlete housing for the Olympic Training
Center.
Staff is recommending City Council adopt a resolution adopting the Regional Housing Needs Statement for the 1999-2004
planning period and adopting the regional share allocation and affordable housing goals therein.
Proposed Revisions to Affordable Housina Proaram
In order to meet the City's goal of 1,029 affordable housing opportunities/units, staff is proposing slight revisions to the
City's current Affordable Housing Program. The City's current policy obligates residential developments of 50 units or
more to provide five percent of the total units for lower income households and five percent for moderate-income
households. In reviewing the City's past performance and future housing needs, staff is recommending that the City
consider revising the Affordable Housing Policy to consider the needs of very low income households and to consider
policies that are consistent with staffs current process of implementing the Affordable Housing Poiicy as outlined below.
1. 10 percent of those lower income units (5 percent of the total units) required under the City's Affordable Housing
Policy be affordable to very low-income households.
2. 10 percent of those lower income units be three or more bedrooms, not applicable to low income senior housing.
3. Term of affordability determined by subsidized financing. If funding source does not specify term, term is 55
years. If no subsidy is required, term of afford ability is 30 years.
4. Affordable rental rates for low-income housing are to be set at the lesser of the following: 1) Fair Market Rent
(FMR); or 2) 10 percent less than market rate rents for comparable units within the project or surrounding
properties. Affordable rental rates for very low income housing are to be set at the iesser of the following: 1) 30
percent of 50 percent of AMI (including utility allowance); or 2) 10 percent less than market rate rents for
comparable units within the project or surrounding properties.
5. Low income housing should be located within close proximity.to existing or proposed mass transportation routes,
and community services and facilities such as shopping, medical, child care, recreation areas, and schools.
6. Developers shall ensure the timely development of affordabie housing for lower income households. Affordable
housing opportunities should be provided in the earliest development phase possible taking into consideration the
availability of facilities, the general development plan, financing and merchant builder involvement.
7. Proposed affordable housing projects should be developed consistent with the needs and priorities established within
the City's Housing Element and Consolidated Plan. The highest need is currently for large multi-family housing.
Many of the City's master planned communities have already entered into agreements with the City obligating them to
provide 5 percent of their units for lower income households and are subject to the terms outlined within these agreements.
These projects would not be reconditioned to comply with any new policies proposed in the 1999-2004 Housing Element.
The draft goals, policies and programs being proposed for consideration, would have an impact on all new projects
developed during the 1999-2004 planning period but a more significant impact on future pianning periods.
Additionally, staff is proposing consideration of other policies regarding the preservation of existing housing. Acquisition
and/or rehabilitation projects to be financed through the City's own local resources will also be required to provide a
minimum of 20 percent of the units for lower income households, 10 percent for low income households and 10 percent for
very low.
/9~3
PAGE 4. ITEM /'1
MEETING DATE 07/'3/88
Through the citizen participation process, staff will be soliciting input from the general public, the development community,
social service providers, and other interested persons on the City's housing needs and the proposed draft goals, policies,
and programs to meet such needs. It is anticipated that the proposed revisions may again be revised, as appropriate, with
the solicitation of public comments.
At this time, staff is requesting City Council's comments on the proposed draft Housing Element goals and the proposed
revisions to the City's housing policies.
Citizen ParticiDation Process
The Community Development Department and Planning and Building Department intends to utilize the following strategy
to solicit meaningful community input in preparing and reviewing the City's Five-Year Housing Element
. Assemble information regarding the City's housing assistance needs analysis and inventory of housing and related
support facilities from the appropriate govemmental and social service agencies.
. Organize public forums to solicit comments and input in the Housing Element.
. Provide a draft document for public review and comments for a 30-day period.
Staff will consult with various governmental organizations and social service agencies serving the general public and
populations with special needs. it is anticipated that technical assistance will be requested from SANDAG and information
regarding the homeless population and resources available will be obtained from the Regional Taskforce on the Homeless.
Upon receiving information from SANDAG, the Regional Taskforce on the Homeless and other appropriate social service
organizations and citizens, City staff will complete an analysis of the housing needs of the community and draft a plan for
implementing programs which would assist the City in meeting the identified needs. City staff will review the draft plan and
appropriate revisions will be made prior to releasing the Draft 1999-2004 Housing Element to the public for review and
comment.
Consistent with the requirements of State law, the City will make the Draft 1999-2004 Housing Element available to the
public for review and comment for the required 30 day period commencing July 24 to August 25, 1999. During this public
comment and review period, the City will hold three (3) community forums, in both the eastern and western territories of
the City, to obtain the views of citizens, developers, social service agencies, and other interested persons on the City's
housing needs and the proposed policies and programs to be implemented to address these needs. These forums are
tentatively scheduled for August 10, 12 and 25, 1999 at 6:00 p.m. Additionally, the Planning Commission will hold a
workshop regarding the Housing Element and the City's affordable housing needs and policies tentatively scheduled for
August 18, 1999. The public is welcome to attend this workshop.
A notice will be published in the Star News to inform the public of the availability of the Draft 1999-2004 Housing Element
for review and comment and the time and location of the public forums. Copies of the document will be made available at
various City facilities located throughout the community. Various organizations and persons interested in the document
will also be mailed individual notices of the public review and comment period and the availability of the document at the
various City facilities. In addition, the document will be distributed for review to persons and/or organizations requesting a
copy. The City will accept verbal and written comments during the 30-day public review and comment period, including
those comments received during the public forums. All comments will be outlined within an appendix of the Housing
Element and the Element will be revised as appropriate.
To provide greater opportunity for the solicitation of citizen input, public hearings to solicit public comments and to consider
the adoption of the Draft 1999-2004 Housing Element will also be held before the City's Housing Advisory Commission,
Planning Commission and City Council. The pubiic hearings before the Housing Advisory Commission and Planning
Commission are tentatively scheduied for the later part of September 1999. City Council will consider the adoption of the
Element at their December 7~ meeting.
/9-i
/.1'....'
PAGE 5. ITEM ! -1
MEETING DATE 07/13/88
Staff is requesting Council's concurrence with the proposed citizen participation process.'
Self-Certification
State Housing Element law requires that all cities and counties submit the Housing Element to the State Department of
Housing and Community Development for a determination of substantial compliance with State law. However, State
legislation (AB 1715) sponsored by the San Diego Association of Governments (SANDAG) created the opportunity for
jurisdictions within the San Diego region to self-certify their Housing Element's consistency with State law.
Before December 31, 1999, jurisdictions seeking self-certification must prepare an updated Housing Element with the
same content and analysis as is required of those who must seek certification through the State Department of Housing
and Community Development. In order to self-certify, the Housing Element prepared for 1999-2004, a jurisdiction must
meets its fair share of housing needs contained in the SANDAG Regional Housing Needs Statement during the current
Housing Element cycle (1991-1999).
In accordance with the SANDAG Regional Housing Needs Statement for the current housing element cycle, the City of
Chula Vista's fair share of the region's housing needs was 1,058 housing units/opportunities. Through a variety of rental
assistance, homebuyer assistance, new construction, and residential rehabilitation programs, Chula Vista provided
affordable housing opportunities for 1,629 households between 1991 and 1996. Having far exceeded its regional share,
the City of Chula Vista is eligible to self-certify it's 1999-2004 Housing Element.
Staff is recommending City Council state its intent to self-certify the City's Housing Element of the Generai Plan for the
1999-2004 planning period.
Adoption of the Regional Housing Needs Statement does not involve expenditure of City funds. Staff time involved in the
preparation and review of the City's Housing Element is budgeted in the staff services component of the Housing Division
budget. Pursuit of the adopted goals, programs, and policies established in the Housing Element update may entail
expenditure of Community Development Block Grant funds, HOME funds, Redevelopment Low and Moderate Income
Housing funds or other City revenues. Any such expenditures will be brought to Council at such time Council considers
adoption of the Housing Element and as individual programs and projects are considered by the Councilor the Agency.
1. Housing Element Update Work Program
H:IHOMEICOMMDEVlSTAFF.REPI07 -13.99IHsg Element A.113
/1-.3'
RESOLUTION NO. ) 9-5'.Y 7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING THE REGIONAL HOUSING NEEDS
STATEMENT FOR THE PERIOD 1999-2004 AND ADOPTING
THE REGIONAL SHARE ALLOCATIONS AND AFFORDABLE
HOUSING GOALS THEREIN
WHEREAS, the City of Chula Vista adopted the 1991-1998 Regional Housing
Needs Statement and the Regional Housing Allocation Formula as part of its Housing Element;
and,
WHEREAS, the existing Statement and Formula relied upon the 1980 Census,
Series 7 Regional Growth Forecasts, and other information at that time; and
lapsed; and
WHEREAS, the effective period of the Statement and Formula (1991-1998) has
WHEREAS, the San Diego Association of Governments has revised the
Regional Housing Needs Statement and formula for 1999-2004 which uses the 1990 Census,
2020 Regional Growth Forecast, SANDAG's Population and Housing Estimates and other
information currently available; and
WHEREAS, on June 25, 1999, the San Diego Association of Governments
adopted a Regional Housing Needs Statement for the period 1999 to 2004, which
recommended the regional share of housing needs and the affordable housing goals for self-
certification for each jurisdiction as part of the San Diego region's total housing needs; and,
WHEREAS, State Housing law requires each jurisdiction to identify its share of
the region's housing need as part of its Housing Element and to avoid the concentration of lower
income households; and
WHEREAS, the City's adoption of the revised Regional Housing Needs
Statement would provide a step in a locally developed method of addressing housing needs of
all households.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Chula Vista does
hereby adopt the Regional Housing Needs Statement, including the Regional Share allocation
and affordable housing goals as indicated in Exhibit A and B attached hereto and incorporated
as though fully set forth herein, for use in the City of Chula Vista Housing Element revisions.
Presented by:
Approved as to form by:
-(~ (~~
Chris Salomone
Director of Community Development
/9~t
EXHIBIT A
Table 58C
Regional Share Housing Unit Allocation - Alternative 3
San Diego Region, 1998
RegIonal
Share ~ Very Low Low Moderate Above
Jurisdiction AllocatIOn Income Income Income Moderate
1999-2004 2100 17'?o 230/0 39~o
Carlsbad 6,214 t,nO t,4t7 t,436 t,59t
Chula Vista 10,40t 1,889 t,535 2,388 4,589
Coronado 80 24 t7 t8 21
Del Mar 23 7 6 5 5
EI Cajon 809 t18 97 t85 409
Encinitas t,584 441 340 366 437
Escondido 2,603 504 391 598 1,110
Imperial Beach 95 t2 8 22 53
La Mesa 693 141 109 159 284
lemon Grove 491 87 79 113 2t2
National City 378 9 34 86 249
Oceanside 6.781 1,474 962 1,561 2,784
Poway 717 232 174 166 145
San Diego 39,785 7,463 6,797 9.137 16,388
San Marcos 3,667 761 478 843 1,585
Santee 2,691 729 478 622 862
Solana Beach 105 27 26 24 28
Vista 2,744 540 395 631 1,178
Unincorporated 15,618 3,823 2,888 3,600 5,307
Total 95,479 20,051 16,231 21,960 37,237
Very Low Income Households. Households whose income is not more than 50 percent of the region's median
income
Low fncome Households - Households whose income is greater than-50 percent and up to 80 percent of the
region's median income
Moderate Income Households. Households whose income is greater than 80 percent and up to 120 percent of
the region '5 median income
Above Moderate Income Households. Households whose income is above-120 percent of the region's median
income
Source: SANDAG, 2020 Cities/County Forecast
115
/9~?
I _
vv'
EXHIBIT B
Table 61
1999-2004 Affordable Housing Goals
San Diego Region
Jurisdiction
(t)
Series 8
Housing Unit
2004 Forecast
(2)
Estimated
1999.2004
Allordable
Housing Goal
(3)
Estimated
Extremely Low
Income Goal
(27~o)
(4)
Estimated
Very Low
Income Goal
(32~o)
(5)
Estimated Low
Income Goal
(41%)
Carlsbad 38,7t5 629 170 20t 258
Chula Vista 68,671 t,029 278 329 422
Coronado 9,820 190 5t 61 78
Del Mar 2,577 21 6 7 8
EI Cajon 35,152 562 152 t80 230
Encinitas 24,035 t91 52 61 78
Escondida 50.429 755 204 242 309
Imperial Beach 10,419 83 22 27 34
La Mesa 25,028 411 tIt 132 168
Lemon Grove 9,504 215 58 69 88
National City 16,174 314 85 100 129
Oceanside 63,012 944 255 302 387
Poway 15,815 307 83 98 126
San Diego 504,014 7,546 2,037 2,415 3,094
San Marcos 26,382 512 138 t64 210
Santee 20,894 490 132 157 201
Solana Beach 6,473 52 14 17 21
Vista 31.883 510 138 163 209
County ,
Unincorporated 175,521 t,869 505 598 766
Totals 1,134,518 16,630 4,491 5,323 6,816
Column 2 is an estimate of the affordable housing goals. The actual calculation will be
based on the State Department of Finance housing unit estimates as of January I, 2004. The
actual goal will vary depending on growth rates and annexations. These estimates are based
on the SANDAG Series 8 growth forecast and were prepared to assist jurisdictions planning
to self-certify in 2004.
The proportionality percentages in Columns 3, 4, and 5 were derived from Census data on
overpayment, overcrowding, and lack of plumbing facilities, as shown in Table 63 (1999-
2004 Affordable Housing Goals) in Appendix B.
]27
/ ~ --sY
D:::@II,:,
,;: :W~""'>
. w;;;
()~
W;j;
. 0'1
-~
- ~
D:::!I
~!:l
:E~
w:\
>N
0:1;
Z "1.:.
. '\";"" ..' ."".' ~. co :11'
I ..... i.: ;~~I':'
.' .;0:':, WI:j
~, .'
~! I' '.
~
.
I
E
~
tn
e
c.;
~
...
o
s:
~
'0
Co
::J
....
C
Q)
E.
G)"I'~\';"'
U:f~:;~:~,..
tn"
I C'le,
._';'.~";k
1Il. "
::l
10
',.
.. ffi: I
ml~
:EN
,: I!:! t:.'..,!,..:.\..
" ll..l! ,.,.
W
(I)~ .
I-~
1Il1~
~:\
:;)1"
.. c(J;
.' [Of
N
I
~
NN~
<D
~
M '"
NN
"''''
NN
~~t-
M
~
rl
~
tJo
'"
'"
/1-7
.U
'"
<0
ro
N
o~ 4':
~3 ~ ::l
ro c: Cll _
~Qj" lil I
~.~." ~
/J1 CD Q) <
to <il :: CD'
Qo ~ ~
......;::;: 0
OW _
~O' cD
..; ~ '"
'U ..
r
Z
9
:r
o
c
W
:;'
b'm
-~i
-ai;:i
ro .
x ,..
~~~
s
=~.Q
S~
I--~~
m 5
~~~
alii'
3 ~
I--;o~
~I!l
=(J)!
-
-
-
-
;g 'L
N :"'"
m '<+
~Cl-~~J;!O~R5~~~~~z s::zw"tI
;:u@g~Q.~!.l! ~iii!ia~iil~~'gcn~gC?c
- :::I:' 0 cp 0 ::l ~ :;:J - ~ 0 '" ~ 10) 3 () CD 6 0 6. 0'
Z s=-g ~ ~ g .g (II cnca 8 ~ (j) lil c:: CD :2 c: CD ~ ff
Q~@3~n~~~>~~0'~~~~~~zo~~
-of _. (i) S'"t:) 0 0 Q. ~ Q) ...., ~ CT 0 (J) CT ell
5- CCb3:E~(1):5.~Q.s:g: ir~=fU1'r:$.
:J:m m1? (1j ~ 3 0 ~)> ~ !!! 2' s a. :e :::T m@"'1I
0" UI - 0 cc...... ..... ." c: t:l) 0, !l! ;:, Ul Z :::c ::II:
~= ~~'~"t:)(1)-a./J1-/J1~-n roro
030 0-.(11 ~nQ) CD ~;-ffi~~:5~
omS" ~gg no~ /J1 ~~/J10~(1)O
~allf~ ~tl IO;i~ ~ ~i
m t; . in :: ~
Z"'C 6"
-I
~
I'
x
I~
'" '.,.
...
T
'::
I~ N N :.:
.. ..
NO
x~
w
x
..
co
XNN
....
io
""
,;)
~ ::~> ~ ~
..
<.
'.
N
o
w
,.,
i><
X~
0,
x
I,
"
..
co
'i:
(
s
.",
'.
I
I
I.
/;-/--;0
(") en 0'"
o ' . g. ',9 a".'.
~- ~:iI :'
, ... ..... g
.,!_ ->:.:. fi"iU~e,.':I" w~'~,
", ....::I.CD"O
-I I" .!'l Q.jl iD
-<I~i;\l~g.
"tJ 1.::,'"",-.:.., A. ::I'm :t
)> ca~';:!.i
::0 1",>_'<' COI,Q 0""
::11<<6',";' ~~~!': ,!\'"
o 1',"'/2:: S ~ 0 ~ \ ,
~!I~I,rill ~ ,jl~:
6 :?," "', ,
Z jl;~" :~'.'"
, ~3
. ~,3
-"!'
o
';~"'~
,lP
.,',. "C....).
-_ 3
ro
a
... '.'
m ~ c...
R- e:
f Z'
~ N m
~ ~ '.
s
~ i:
~
~
.g
~
3
-
.
~ "
mC-
e:
~r-
w-<
x ~
0
x :;:
X tp"';
->
I. we:
~G) ."
x . ~c:
NN ~ CIl ','
-'" .' .,..j
ilCll
.".m
I"'tl
~~
~ ~ .
III
!:1m
i;::O
.
i:
_0
1:0
'"-I
-0
~Ill
m
~~
i: .-
Z
!:o
b<
.,.m
;:s:
!jjro
i;m
f;;;::O
1:
o
I
1:
~c
;:m
"'0
l::m
illS:
~ro
!:1m ":i.
*::0
.
::J:
o
c
CIl
-.
::l
(Q
m
CD
3
(1)
::l
-
c:::
"C
'. (0.
';;;.i
:E
o
..,
,,;"
."0
a
CQ
iil
3
;~
.
.
:
.y. 0:: :;
I:;
W I"
~j';; m ~
i:i ~
j ~; ',W ;
1(:)
F:?}'ji w :b
c
~;Jj ..... '';, ~"" ~ (
;;; : lif
.
.,".;'C' . ... 0::
.: Q
W ~
'j",;.,. . lQ
::ii Q
;.,',r .' W ; '.
,:';,.: ,.:.' > N
a ..
z Q
.b< I:
l':~'''''''' :z
I~ 0:: ~ 1/..
w
m Il I,'
a - J,!;
~
"
E
ns 'C'
.;'~
0)" m .'
'Or ::ii~
, 0
100" W N
a. Ii: .. "
~' w ;
10. CI) Q
'0,'; .. . :;:
3:L ....~.... p I IXil
':;cU~~il~\';,~):~~:~t~~,-~,: .... ~
'CI) N ".;
~"'!W':"i<':?'''-'''' :) ~ ." ~
ns ;1';<> ..... C1;;' " ii .j:;
."
"
i"'i1= " ,~
C
~ .E 1
Iii 5
I~ U) ..
z Cl
J: I~ "'
.!1 0: ~
~ ~ ..
E I-- 00 ~ N
" ~ s
~ I~ 0 ~ ,
0; '" 0 '"
..!!! ;:) >- D ~ N N
~ ."
W .., ~
S J!! -;; ,
0 .., '"
0)' i'I Ill. >- s C .. '" ~ ~ ,1
8 J!l "
C ,.,J ..
e, i= l!I '" '" '" '" '" '" '" '" . Iii
.- ..<~-, , l Q ~ 1:
. CI).,. I~ ~ 0 I~
" :i .E "I .. "
~ E" N - N N N N N N N N N "I 0 0 0 . ~
~O", C. N ,.,J " .. M M M .!1
'~": W , .. .!! ~
'i i J!I ~ :<l :': ...
::1:' i,> Z " :': ~ ~
:/R C ~
;:) i J!! . I~
~t :~ ~ .., C
;;: .. ;.r::
C",Cl)",, E I~ '" ~
;;.\,:},~,::.p ,..~€ ~ 0 ~
0 0 ~
E '-' c e
/:,~ 1:;,',;:, o'.!::: ~ ." IG 1_ Q 'iii S
c
-/;\t~:~;'" ,.,9.~i'.S .9 Alf e.? w ~ " 00 8 0 ro ro
zl~ e.? '" ~ 0 I~ ro ~'
]1 If z 1_ u tiJ E
"\}\,~,!c>>OCI-',,,.J, C -'_e.? -' e.? z .8 w J: w ro E E
'~,'~,.'f~;~<^af;ai.;~ 0 J!l " J!!
m:.; ~ o..e.?Z 0.. z -' C 'C .. :Q -;; E " J!!
." i'l.5;g.-m ,/. ~ g . -' 0.. ~ C .~ ~ $ .~ :~ C E
.~'<. "\~~;", ~r 5:':;: ~ J!lz-' e.?1~ .~ .9 III 0.. '0 III -
J9 --'Ie: C C ,
0 Ui - Ui co C '0 0.. ,.,J .- , "
II,: ' ~ T"" J:CC1 Ql . : w- III w 0.. Q J:_ " " Q
",- ~ " .5 ~ 1ii
:"-"'11: 'j ~ rl1 ~ - Q ~ C .c C '" , 1ii C
,. -"Ic t J!l 0 .. 0 ;; ~ " '" '" 0 ."
S o,i::n" ~ ~ '-' " " .~ ~ ~ ." 'in
"....'c:0) D._ ur l!I w C 0 ;c "
00~ 0 0 E E U 0 " Q '> w
C C:'c ~ ." = w <!i D .E u. w ]i E " " .c ~I~ (,) " -615
c:Qlc;:..:t wO Z " e.? D 'C C " C e.? e ~ u Ui "'C iC
r 0: 0 E 0:
,g~1\!~ ".c rn C ~ C:" Ql ~G z 0 C C - .l!l ~'Z w C
Z 0.. U) 0 w " - rn
:0 ro 0 eo 8 rl~ 8l- -' , - E ~ " C D ~ " CD
.!!~"C iai l!IC . Ql:Q e.?li ::>e.? Ez 0.. - - " " ~ " "'-' 0 " u
- ~ .. =, ~ I~ D E "
~c~L~ 1; .~i 0 1;1 ~I? 001~1{! ."z ~-' 00 " ~~ 0 D EQl0 'C
';i III E'"
" rn 'C E~',"a Ui
0.... Q e.? ~ " 0 E c-' q~ 0 0.. i ~ ~ ~ Ui o rn
";"\,< ii:a:: II ~ 0 ~e: o roc is
. 0 -8 .!! 0.0..0.. J: U) o(o..w e.? U 0.0.. 0.. 0.. 0.. on is U::EN u::E
~
~ rn ~
l~, 'll iii <J ci !il
,yi!}d~ .. ..
/:J -j
M
W
tJo
m
'"
I
'" ,.. )>
C
"0 ~if 0
;; "tl
~ H ::! ."."
~ =0
'U S' III ~ 0 '" ~
~ <"'
"' Z z"
(l)~ o ~
<1> e: C-
D Ul<, ,)> 0
... Z " g-' '"
" o .. Z o 0
ro ~" .c
!il ","! aD
"Cl~0 0 ~
c Q!,o '.m '"
~ B~ .;:Q 3
::T 3 _. ::! S'
'" 3 if "
"T1~
c." _ 0
". 0 ~
, )>
~.... ...t
;l-l 0
en... Z
is&,
~ "tl
5 c
~ III
r-
'" (;
'"
~ :I:
0- ~
"
~ ;:Q
~ z
~
G>
'.VI
00
'"
<0
'"
0"0
p.
a ,i~"
CD "Cl'l '0 ,.;,:.;
c.'_('t '3,~\)-10/~:'
"'"'' '....h~'
~,'a.( ,'D':":"~'f.~f.l"L'
~. "., .,;;'g '.'
~"O. " . .
iii" 6;....,.,
:S' ':S',:-'
~." <D 0" '~'"
$c&'~:'A>>i;';.?-"" '
. ,,,-,a,,..~~~j,..,.
:llr,,r.'" , '.',
m'.m~"'" '''f,e-.,;,
S;'c;q:::,~~['0~~;1 ,.
'pUl -...... '0 ';
'2; S' ~' ,
'''.
cOcO~
',:;'":; ~
'.":;::_~:t
;,',,'T-,i;'O./'
"';lC':
III
-.
:, ..::J
, '1','J',fCQ"~
,~,;<;.:~~t~\ <:!,J,_ :"':
~ ~;\~,';JI1~~;
~~~H~;;
r.'\" "".'$::t " ''it,,, ~".
["'-'j'".:r. "rQ't
'~
"<c:
. .. "0.
":J/~<
,..~
."~~
.~;",.0' "1 > 11:""l
"':t:.,:~,-
i~
':,~.
;:'0
...,
o
CC
'..,
}');\~I>>;,
\",'<{:")-!!!:
"'., ""1OI,,.
.,."...:,q..,-,.y,
~~~:t,:'~{F:}}:'~fi;r
ii\ "2"..&\ \1.:-':'_ ~>~;j'~&:.'~
:; ::~'f':i~~~,
,'~1l..
Iii;
.~
lld
j w ~
m~
II ",,' . ::E
IL"",,, .~' ~I;r
'i r::: ~,
.~( .,' .
I
1
" 1
o
'"
,-
..,
r ~
....1
I~t ,-
D::
W
' . III
IX....k~. ."'::E
: ~,~
>, ~:i
't.; i!\ ":. 1:'1
I~~;l\ . ,,' ' D:: ~
t\ ...' ~ ~
1'~f0; ..... 0 ~
~4(f:'J (:);; ij !
li~~i!:. ffi ~ ~
;:; III..
;'. ~ ~
: I- ::
ll...1
-:: w-
.:.:: C/'J 0
... :r
o
3:
NN~~~
N N
~
...
N
O)O)J, \0 \0
<000....,...,...
....
N
"''''
~ ~
::
~ "'
~ ~
~...
C::
'"
I-~
C/'Jlil
::::Sol>
Cl~
::::Sri
....;j;
~.'
~.~. .~
. Q) ,.'
'tfiJ._:\, ii"
.CI:l-. .,. .
;c';I~\'t;,]~~I'~;"
:'~l!,"~::,
.:;:),~.
t~:~.~t
{~l(l)~7~-,--'; "
'E-f(~ - r,,';
Q). '
-....,
w
Cl
1:.
"li)
::::s
0,
::1:;,
;-;'w?,..-,
!I~:
..I..
::::S..
'"'):!
- ~
";'^
;~;~Sf'
(
I. ..
L;.
, Y'i ,
· W. ,
I" z; Yr
0, 'l, . i
~l ' e i 0 ~ 8
!li l~ '~!, p 8, < L : l . " ~ ;
'i'~'", 'j, " ! I; ~ Hi! ~ ~ ~ <', ~~;
~~i~.9 E -0 ~ ~I~ :n ~ I' ~;( t3 ~ (j ii?, ~ ~E- ~ ::;;.~ ii,,,, <'!
~~.'~~ -'- "..~" -". '.'",0' I>'he
.~ :,. q , .'. ~".,. " · H ". . .. . ~. . u
!iI>' ",< l · ~ "'.. · ! '^ q " ,. ! . ! ! < . ! !O 1
~)~",I · , " '. · H". 0 = " " " ". , , , &", " o. .
" '!..'~ m m & 0 m:I: = .c1151~ ~ ~ .. rn ~ ~ '" ~ ~ 19 3'= <(UI&, <( U "I
- '" m - - ~ ~ 0 on - ~ ~I' m muon a. 0 _ 0 '"
", ;; 'm D. . I :',; ::; ~ 1: 1l 0 = ill C ~, ~ m ~ _ u " <( m
2:1UH; ~~'HWo;:u.o . :
..~j"'1l.= .g 11<.... oJ
. .....~.\:.~.1. -ij ...
';~,-fu en ~
^
,-~;:
I'
I.
,
1
1
,-
I
I
1
r
,
U')
"
'"
ro
'"
)'1-;;1
I
5'
0
3
~
'U ii>
'" ~
'" ~
(]) 5
"" "
'"
!!>.
~
~
00
"
10
3
c
~
'"
/9-;
,i>(,
z
O.
"-I
'.m'
'C/)
':';\4',
" " -~
:,..\"";~,,
":~-: ,:::;
\;'r:f:
;\i'Of
C
C/)
-.
:::1:
CO
m
CD
3
"'~~
\~;;':J'
(':''''',~.)
oC/)
_m
1""0
~H
~m
~i:
lD
~m
~;o
C
"C:'
'0.'
'/:Ill "
'li)
:E
o
...,
.:l'r
'.-0
,..,
o
.CO
"~ ,",':,
~~LS>>;:
""3
5,: " ..
~ ;
_0
1'0
~~
-0
'I'lD
i:l .
1lf1l
tA 't'
COUNCIL AGENDA STATEMENT
Item: .:2.. ()
Meeting Date: 7/13/99
ITEM TITLE:
Resolution ) 95 7" ~pprOving the fifth amendment to the agreement
between the City of Chula Vista and Rick Engineering Company for
preliminary engineering design services for three interchanges with Interstate
805 at Telegraph Canyon Road, Olympic Parkway and Palomar Street;
waiving tlte consultant selection process and authorizing the Mayor to
execute said amendment in behalf of tlte City; and appropriating $174,700 in
Transportation Development Impact Fees to Project No. 24093270
SUBMITTED BY: Director of Public Work~ (\
REVIEWED BY: CityManager~,~\ (4/SthsVote: YesLNo_)
On January 23,1996, Council by Resolution No. 18193 approved a contract with Rick Engineering
for preliminary engineering design services for three interchanges on Interstate 805 at Telegraph
Canyon Road, Olympic Parkway, and Palomar Street (copy attached). Since then, due to additional
work requirements by Caltrans, four amendments to this contract have been made. These
amendments were approved by Council on January 21,1997 (Resolution 18555) and May 20,1997
(Resolution No. 18670) and August 5, 1997 (Resolution 18749) and November 17,1998 (Resolution
19269). This fifth amendment to the contract will provide for modification of the existing Project
Study report (PSR), Project Report (PR) and environmental documents for Olympic Parkway/I-80S
and allow for reimbursable expenses incurred in the completion of this work.
RECOMMENDATION: That Council approve a resolution approving the fifth amendment to the
agreement between the City of Chula Vista and Rick Engineering Company for preliminary
engineering design services for three interchanges with Interstate 805 at Telegraph Canyon Road,
Olympic Parkway and Palomar Street; waiving the consultant selection process and authorizing the
Mayor to execute said amendment in behalf of the City; and appropriating $174,700 in
Transportation Development Impact Fees to Project No. 24093270
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
In late 1995, after a thorough selection process, staff recommended that Rick Engineering Company
be awarded a contract for engineering services for three interchanges with Interstate 805 at Telegraph
Canyon Road, Olympic Parkway and Palomar Street. The agreement with Rick Engineering was
approved on January 23,1996, by Council Resolution No. 18193.
Since then, Rick Engineering has worked diligently to design and process the project with all the
agencies involved (local, State, and Federal). During this period, two amendments to the contract
have been made due to modifications, delays and changes by Caltrans encountered throughout the
do --- /
Page 2, Item: 20
Meeting Date: 7/13/99
planning and design phases of the three interchanges. Both amendments were approved by Council
(Resolution Nos. 18555 and 18670) increasing the original contact cost of $502,070 to $648,390.
The third amendment to the contract was necessary to have Rick Engineering prepare a Noise Barrier
Scope Summary Report in connection with an opportunity to obtain State funding from their retrofit
soundwall program along freeways. This amendment authorized $6,000 for preparation of the Noise
barrier report. The City's application for State Soundwall Retrofit funding was successful in the
amount of$1.l4 million. These funds will be used to offset part of the construction cost of the
Olympic Parkway Interchange.
The fourth amendment to the contract covered additional follow-up work required by Caltrans
affecting all three interchanges which is described in more detail below. Please see attachments A,
B, C, D, E, and F.
Because additional work beyond the original scope of services as discussed below is again being
required, staff reviewed the previous contracts and amendments, along with the overview of each
of the projects to make sure that we are progressing in an orderly, cost effective manner and
according to a master plan.
The history of the previous amendments relating to the individual projects will be discussed below:
Telegraph Canyon Road
The original contract required Rick Engineering to do preliminary geometrics, and assess the need,
for a combined Caltrans Project Study Report/Project Report (PSR/PR); do the base mapping;
review the possibility that the project could be constructed by the City under Caltrans' permit
procedures; and begin preparation of the plans, specifications and estimates (PS&E) for the
Telegraph Canyon Road interchange. As originally envisioned, and reviewed with Caltrans
personnel (without commitments on their part), the project would include widening eastbound
Telegraph Canyon Road through the interchange to eliminate the trap lane and provide an additional
through lane with the realignment ofthe southbound loop off-ramp to the new eastbound lane. The
work included median work and a signal at the shopping center entrance and the potential for closing
the intersection with Halecrest.
After initiating work on the project, Caltrans committed that they would allow the City to do the
work under a permit which eliminated the need to go through the PSR/PR phase. However, at the
same time, Caltrans required the City to do work beyond that initially anticipated and included in
the scope of Rick Engineering's contract. This work included additional lane widening under the
overpass and northbound off-ramp widening. The first amendment, which was a no net cost increase
amendment, transferred funds that were included in the contract for the PSR/PR phase to the PS&E
phase for the additional design work. This additional work included related geotechnical and
environmental studies as well as actual design work.
The second amendment to Rick Engineering's contract to accomplish the above work resulted in an
increase of $145,270, bringing the new contract total to $648,390. The changes in the Fourth
Amendment to the contract allowed Rick Engineering to perform office calculations, field staking,
;(t/ ~ d,
Page 3, Item: W
Meeting Date: 7/13/99
assist staff in the bidding and inspection processes. Rick Engineering proposed to accomplish said
additional work at what we believed was a reasonable price because they have done the survey work
needed for the design of the project, and possess the necessary equipment to do the construction
surveying. The fifth amendment does not include any additional items pertaining to the Telegraph
Canyon Interchange which has already entered the construction phase.
Palomar Street
This project involves the provision of a new access to 1-805 by widening the existing East Palomar
Street overpass and providing a partial interchange with ramp connections to and from the north.
As originally envisioned, this project includes a minor bridge widening, installation of new ramps,
intersection widening and the installation of traffic signals.
The work under Rick Engineering's contract involves the preparation of and Access Approval
Request (A.AR) document addressing interchange spacing for submittal to Caltrans and the Federal
Highway Administration (FHW A). The purpose of the A.AR is to provide an initial screening of
new interchange projects, allowing for FHW A to provide conceptual approval prior to the approval
of a PSR by Caltrans. Rick's contract also provided for preparation of a PSR upon completion of
the A.AR, with much of the information in the A.AR being directly incorporated into the PSR. The
contract further provided for preparation of a Preliminary Environmental Analysis Report (PEAR)
that documents a preliminary environmental screening of potential issues. The PEAR will provide
a recommendation on the type of environmental clearance required by the project and the scope of
additional studies that will be required at subsequent stages (pR and Environmental Documentation).
The fifth amendment does not include any additional items pertaining to the Palomar Street
Interchange. However, a future amendment could be necessary because Caltrans has indicated that
a full diamond interchange, which is one of the study alternatives, may be required in order to
approve this additional access point to 1-805.
Olympic Parkway
The original contract required Rick Engineering to prepare a combined PSR/PR for the Orange
Avenue (Olympic Parkway)/I-805 Interchange. The project included bridge widening or installation
of a new parallel structure, ramp widening, intersection widening, and the installation of traffic
signals. The PSR/PR document was also to address the potential for implementing a phased project
which would involve the installation of traffic signals and minor widening of the off-ramps prior to
widening of the overpass. The scope of work included the necessary environmental work for the
proposed project. As in the case of Telegraph Canyon Road, Caltrans' staff was consulted regarding
the scope of work, but without the detailed PSR, they could not offer comments to further define the
proposed scope. Due to Caltrans' inability to provide the necessary staffing level to work on all
three projects at the same time, their staff focused on Telegraph Canyon Road since that was the
highest priority. Therefore, the first amendment to Rick's contract only extended the completion
date for the work related to this particular project. Neither the first nor second amendments made
any other changes to the scope of work for the Olympic Parkway interchange.
c20 ~ 3
/,20'
Page 4, Item: . .'
Meeting Date: 7/13/99
Caltrans' staff did not advise continuing with a combined PSR/PR for a project that could not clearly
obtain a categorical exemption under CEQA procedures. With all of the additional work which
created significant noise and environmental issues, they indicated that they believed that the project
could no longer qualify for a categorical exemption and, therefore, a combined PSR/PR could not
be supported. In order to continue, it would be necessary to separate the two documents under
Caltrans' normal procedures.
Therefore, knowing that an amendment would be required in the near future to add construction
assistance for the Telegraph Canyon Road project and in order to minimize change orders and not
delay work on the Olympic Parkway project, staff negotiated with Rick Engineering to complete the
Project Study Report (PSR) with all of the additional work required by Caltrans at no cost beyond
that included in the original contract for tlte combined PSR/PR. Further, until Caltrans completed
tlteir review and staff and the consultant had some comfort level for the work to be involved, it was
not possible for Rick Engineering and City staff to put together a cost estimate to do the Project
Report (PR).
City staff has been able to obtain approximately $11.14 million in state and federal funding for this
project. First, as indicated above, tlte City has received approval for $1.14 million in State
Soundwall Retrofit funding. Second, Congressman Bob Filner was instrumental in assisting tlte City
to obtain $5.0 million in Federal Demonstration Project funding under tlte new Federal
"Transportation Equity Act for the 21st Century" (TEA-21) program for an access road to tlte
Olympic Training Center (OTe). Olympic Parkway from I-80S to the OTC was identified as the
project. Due to the need to get the first phase from Hunte Parkway to the OTC completed as soon
as possible and the delay which would be created by the need to follow Federal procedures,
Congressman Filner authorized tlte City to use this funding for the Olympic Parkway I-80S
interchange project. The third outside funding source is also under the TEA-21 law. Anotlter
category under TEA-21 is the Surface Transportation Program (STP) which provides additional
resources for agencies to solve transportation problems in tlte local area. City staff submitted an
application to SANDAG, which is the body tltat apportions STP funds in tltis local area, and was
successful in obtaining $5.0 million in STP funding for Olympic Parkway interchange with I-80S.
As indicated, tlte total of all of the funding is $11.14 million. However, each of the outside funding
sources requires a local agency match which varies around 12% to 20%. Even though tlte project
scope and cost had increased significantly since the project started, the project was still not big
enough to take full advantage of the outside funding sources. Staff looked at combining the
interchange project with the next easterly phase of the project between Oleander and Brandywine
Avenues. That project, which is a TransDIF project, was to be constructed by tlte Developers. Since
a developer would receive TransDIF credit, and the federal demonstration project funding was
intended to supplement tlte TransDIF, it made sense to staff to move tlte responsibility to build it to
tlte City in order to take advantage of the funding opportunity. Therefore, staff proposed moving
the construction of the portion of Olympic Parkway between Oleander and Brandywine Avenues
from tlte responsibility ofthe Developers and combine it witlt tlte interchange project. In addition
to permitting the City to take full advantage of tlte outside funding, tltere are design and construction
issues related to the intersection of Oleander Avenue that a combined project will relieve. The
outside funds will allow us to release TransDIF funds for the otlter portions of Olympic Parkway,
c2()~i
Page 5, Item:
Meeting Date: 7/13/99
~'"~
east of Brandywine Avenue. The total cost oftlte new combined project is estimated at $16.0
million, including engineering, environmental, right-of-way acquisition, and construction.
While Caltrans was nearly ready to approve the PSR for the Interchange, in September 1998, after
they learned we intended to add the next segment to the overall interchange construction project,
they required the PSR to be revised to include that proposed work. The fourth amendment approved
tlte separation of the original PSR/PR into two phases for a separate PSR and PR, and added
Olympic Parkway between Oleander and Brandywine to tlte PSR in order to complete tltis phase of
the project. The fourth amendment also completed the Project Report according to Caltrans'
requirements. As in the case of Telegraph Canyon Road, Rick Engineering proposed to accomplish
this additional work at what we believed was a reasonable price because they possess extensive
cumulative knowledge ofthe project planning and design essential for the successful completion of
this project. The total cost for all work under the fourth amendment related to Olympic Parkway was
$208,200.
This fifth amendment is solely related to the Olympic Parkway/I-805 Interchange Project is a result
of traffic issues on Interstate 805 and the Otay Valley Road southbound off-ramp. These traffic
issues are related to events that are held at tlte Coors Amphitheater. Caltrans is requiring that the
Olympic Parkway/I-805 Interchange Project include improvements to mitigate traffic backup onto
tlte freeway caused by Amphitheater events. As evident by the traffic backup and delays on the 1-
805 freeway coincident witlt Amphitlteater events, Caltrans is requiring tlte issue to be evaluated as
part of this project. This fifth amendment would accomplish the addition of anticipated
improvements to the nearly approved Project Study Report, and incorporate the appropriate
improvements into the Project Report and environmental studies recently started.
In order to temporarily alleviate these problems, the City of Chula Vista and Caltrans have agreed
to process a Design Exception Report witlt Caltrans to allow traffic to use the freeway and off-ramp
shoulders as an additional lane to accommodate tlte traffic heading to the Coors Amphitheater for
the events that are held. However, Caltrans is requiring that permanent capacity increasing
improvements be constructed as part ofthis project as the ultimate solution.
Specifically, Caltrans has required the City of Chula Vista to include into the nearly approved
Project Study Report (PSR) for the Olympic Parkway/I-80S Project several design geometric
features as an alternative to accommodate the Coors Amphitheater traffic. These geometric features
are:
1. Revise the southbound exit ramp to Otay Valley Road to include a dual lane exit from
Interstate 805.
2. Widen the southbound exit ramp from Interstate 805 at Otay Valley Road to the existing
three lanes near the intersection.
These additional design features will require revisions to tlte nearly approved Project Study Report
including report modifications, additional hazardous waste assessment, topography updates, and
additional cost estimates. The Project Report and Environmental Document approved with the
d.C~3
"'n
Page 6, Item: ',~ l
Meeting Date: 7/13/99
fourth amendment will be modified by this fifth amendment to include additional engineering and
environmental docwnentation expanding project features as presented above. This includes metric
topographic mapping; additional environmental documentation including noise, biological,
archaeological, cultural, traffic, geotechnical, lead testing, air quality and visual quality/land form
elements, completing the actual PR and additional reimbursibles. The additional cost for these
elements is $155,984.00.
Caltrans is also requiring the City to do a traffic analysis on the impacts of events held at the
Amphitheater on the Orange A venue Interchange, specifically the length ofthe auxiliary lanes. If
the traffic analysis shows that the traffic requires further work on 1-805, the ultimate project will
need to be expanded to include preliminary engineering and environmental studies covering the
following items:
I. Extend the proposed auxiliary lane north along 1-805 from the southbound Orange Avenue
entrance ramp to just south ofthe southbound Orange A venue exit ramp.
2. Re-align the southbound entrance ramp from Orange Avenue to 1-805 to taper into the
auxiliary lane.
The additional work required to do the study and additional preliminary engineering and
environmental work is defmed in the Rick Engineering proposal as "Potential Geometric Features"
with a total cost of$18,716.00 bringing the total cost of this fifth amendment to $174,700.00.
As in the case of the previous amendments, Rick Engineering Company proposes to accomplish this
additional scope of work at what we believe is a reasonable price. Rick Engineering is being
proposed to do the design for this work without a new competitive consultant selection process
because they possess extensive cwnulative knowledge of the project planning and design essential
for the successful completion of this project. Accordingly, staff is recommending that the City
Council waive the consultant selection process of Municipal Code Section 2.56.070 because of the
substantial design work already performed by Rick Engineering on the project which makes the
selection impractical and potentially detrimental to the project in light ofthe need for coordinated
design drawings.
The proposed amendment also provides for the reimbursement of up to $8,640 in expenses
incurred by Rick Engineering in the performance of the additional work. These expenses include
the cost of making blueprints and copies of various reports, which, due to Caltrans' review has
been much more voluminous than originally anticipated. The reimbursable expenses are a budget
item for all three phases (projects) included in the contract.
Once the work proposed under this amendment is completed, the preparation of the PS&E would
begin. As indicated in the original RFP, asswning Rick Engineering continues to provide the
quality, cost effective work that has marked their performance to date, staff anticipates negotiating
a further amendment or separate contract to prepare the PS&E. Rick's performance and extensive
cumulative knowledge of the project will be valuable in quickly completing this critical element
.,,2 (/ --?
Page 7, Item: ,,,0
Meeting Date: 7/13/99
of our transportation system. Further construction management assistance will probably also be
needed when this project moves into the construction phase.
FISCAL IMPACT: The proposed fifth amendment will increase the contract with Rick
Engineering, as amended, by $174,700 to a total of$I,184,140. All of the costs associated with this
amendment, as well as the amended contract, will be funded from TransDIF fees. There are
sufficient funds in the TransDIF fund to cover the proposed increase. City staff will be involved in
oversight, coordination and direction. Staff costs will also be paid by the TransDIF.
ATTACHMENTS:
A. Resolution 18193
B. Resolution 18555
C. Resolution 18670
D. Resolution 18749
E. Resolution 19269
F. Table of Contract fees for each amendment
CLS/SMN
RIHOMEIENGtNEERIAGENDA 15RICK1.SMN
File No. 0735-10-STM327
c2u~?
RESOLUTION NO. 19 s-y;/
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FIFTH AMENDMENT TO
THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND RICK ENGINEERING COMPANY FOR PRELIMINARY
ENGINEERING DESIGN SERVICES FOR THREE
INTERCHANGES WITH INTERSTATE 805 AT TELEGRAPH
CANYON ROAD, OLYMPIC PARKWAY AND PALOMAR
STREET, WAIVING THE SELECTION PROCESS, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT ON BEHALF OF THE CITY AND
APPROPRIATING $174,700 IN TRANSPORTATION
DEVELOPMENT IMPACT FEES TO PROJECT NO.
24093270
WHEREAS, on January 23, 1996, Council by Resolution No.
18193 approved an agreement with Rick Engineering to prepare
Preliminary Studies for interchanges at 1-805 and Telegraph Canyon
Road, Olympic Parkway and Palomar Street because such studies are
required by Caltrans prior to construction of major projects within
Caltrans Right of Way; and
WHEREAS, since then, four amendments to this contract
were approved by Council on January 21, 1977 (Resolution No.
18555), on May 20, 1997 (Resolution No. 18670), August 5, 1997
(Resolution No. 18749) and November 17, 1998 (Resolution No.
19269); and
WHEREAS, the Fifth Amendment will provide for
modification of the existing Project Study report, Project Report
and environmental documents for Olympic Parkway/I-805 and allow for
reimburseable expenses incurred in the completion of this work; and
WHEREAS, the original Request for Proposals to which Rick
Engineering responded specifically reserved the right to the City
to retain the selected consultant for subsequent project design
activities; and
WHEREAS, Rick Engineering has the cumulative knowledge of
the project which will aid in successful construction of the
interchanges based on the firm's project planning, design and
construction specifications.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista hereby waives the consultant selection
process of Municipal Code Section 2.56.070 because of the
substantial design work already performed by Rick Engineering on
the project which makes the selection process impractical and
1
02.0 ~~
potentially detrimental to the project in light of the need for
coordinated design drawings.
BE IT FURTHER RESOLVED that the City Council of the City
of Chula Vista does hereby approve the Fifth Amendment to the
Agreement between the City of Chula Vista and Rick Engineering
Company for preliminary engineering design services for three
interchanges with Interstate 805 at Telegraph Canyon Road, Olympic
Parkway and Palomar Street, a copy of which is on file in the
office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor is hereby
authorized to execute said amendment on behalf of the City.
BE IT FURTHER RESOLVED that the sum of $174,700 is hereby
appropriated in Transportation Development Impact Fees to Project
No. 24093270.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
H: \home\lorraine\rs\rick. 5th
2
020-(
FIFTH AMENDMENT TO AGREEMENT BETWEEN
CITY OF CHULA VISTA AND RICK ENGINEERING COMPANY
FOR PRELIMINARY ENGINEERING DESIGN, ENVIRONMENTAL
AND CONSTRUCTION INSPECTION/ADMINISTRATION SERVICES
FOR THREE INTERCHANGES WITH 1-805 AT
TELEGRAPH CANYON ROAD, OLYMPIC P ARKW A Y AND PALOMAR STREET
THIS FIFTH AMENDMENT TO THE AGREEMENT FOR PRELIMINARY DESIGN,
ENVIRONMENTAL AND CONSTRUCTION INSPECTION/ADMINISTRATION SERVICES
APPROVED BY RESOLUTION is entered into as of July 13, 1999, by and between the
City ofChula Vista (CITY) a municipal chartered corporation of the State of Cali fomi a, and Rick
Engineering Company (CONSULTANT), whose place of business and telephone numbers are set
forth on Exhibit A, Paragraph 6.
RECITALS:
WHEREAS, the City of Chula Vista has approved an Agreement with Rick Engineering
Company dated January 23, 1996 and approved by Resolution 18193 (Agreement); and
WHEREAS, the City ofChula Vista has approved four amendments to said Agreement dated
January 21, 1997, May 20, 1997; August 5, 1997; and November 17, 1998; and
WHEREAS, CONSULTANT is required to do additional work not anticipated in the original
Agreement and amendments thereto; and
WHEREAS, CITY requires the completion of the contract in order to complete needed
improvements to the interchanges at Telegraph Canyon Road, Olympic Parkway and Palomar Street
to provide necessary infrastructures to meet future threshold standards; and
WHEREAS, both CITY and CONSULTANT desire to further amend the Agreement
approved by Resolution 18193 to revise the scope of work to include additional items required by
CaITrans.
WHEREAS, City Staff cannot perform the work outlined above due to lack of available staff
time and/or lack of expertise to efficiently deal with the State and Federal requirements and
processes.
NOW, THEREFORE, the Agreement is hereby amended as follows:
A.. Amend Exhibit A, Section 8A, by expanding the Detailed Scope of Work as set forth in the
original Agreement and amendments thereto, as follows:
-J.&- /0
Additional Scope of Work
PSR/PR Alternative Descriptions
Required Geometric Features
1. Revise the southbound exit ramp to Otay Valley Road to include a dual lane exit (auxiliary lane
and Number 4 main lane optional exit lane).
2. Widen the southbound exit ramp from 1-805 to Otay Valley Road to two lanes and taper into the
existing three lanes near intersection.
Potential Geometric Features
1. Extend the proposed auxiliary lane north along 1-805 from the southbound Orange Avenue
entrance ramp to just south ofthe southbound Orange A venue exit ramp.
2. Realign the southbound entrance ramp from Orange Avenue to 1-805 to taper into the auxiliary
lane.
Scope of Work
I. Project Study Report
A. Rick Engineering Company
ModifY the existing PSR document to include the I-80S auxiliary lane, and revisions to the
Otay Valley Road exit ramp and the Orange Avenue entrance ramp
1. Update the topographic files to reflect modifications on the Otay Valley Road off-ramp.
2. Modify limits of existing PSR per the above geometric revisions.
3. Modify geometrics.
4. Revise exhibits and report.
5. Prepare additional exhibits and cross sections.
6. Prepare segregated cost estimates and right-of-way data sheets.
II. Project Report
A. Rick Engineering Company
1. Fly and compile metric topographic mapping for the Otay Valley Road interchange.
This includes only a portion ofthe ramp's south side of the interchange.
-2- ~ 'l/
2. The geometric alternative will be as defined in the PSR and confirmed by the traffic
analysis.
3. Prepare additional exhibits, cross sections, and cost estimates.
4. It is assumed that no design exceptions will be required.
III. Environmental Document (ED)
The expanded limits of this project will require the environmental technical studies to be
expanded as well as additional technical reports that will be needed for the required input to
complete the ED for this project. In addition, Helix Environmental has now been directed to
prepare the Initial Study and Environmental Assessment for this project. This will be used by
the City of Chula Vista and CalTrans in completing CEQA and NEP A processing. The criteria
and metltodology for these technical studies, as presented in our fourth amendment, remain the
same for this additional scope of work. As in our original scope of work, the expanded studies
will be coordinated with CalTrans. The expanded technical studies include:
A. Traffic (Urban Systems Associates):
As a result of discussion with CalTrans staff, it has been determined that a full evaluation is
needed of Coors Amphitheater events, including attendance, parking, traffic counts, car pool
factors, queuing, and estimates of a potential diversion for both the near term (i.e., opening)
and a long term (i.e., 20 years). Also, CalTrans will require the determination of the 30tlt
highest P.M. peak hour design values for events which coincide with the normal weekday
P.M. peak hour traffic. In addition, weave calculations and queuing calculation for two
alternatives are being requested. The two alternatives are:
1. Normal P.M. peak without a Coors event and with the Orange Avenue southbound on-
ramp open.
2. P.M. peak with a Coors "design" event and with the Orange Avenue southbound on-
ramp closed.
The scope of work to accomplish this proposed traffic analysis is as follows:
I. Observe, determine auto occupancy, and determine queuing before and after up to 5
P.M. peak weekday Coors events. Two people, eight hours, five events.
2. Obtain attendance parking and otlter P.M. peak traffic data from CalTrans, City, Coors
or Coors consultants for up to ten events. Analyze the data and establish the "design"
event traffic demand for the 30th highest combined P.M. peak.
3. Establish P.M. peak levels of service and average queuing at signals for non-Coors event
traffic at up to six intersections.
4. Establish P.M. peak levels of service and queuing witlt a Coors "design" event with the
soutltbound Orange Avenue on-ramp assumed to be closed. This task does not include
-3- c2t1 "/ .;;L
the evaluation of impacts due to rerouted Orange southbound on traffic. Up to six
intersections to be evaluated.
5. Evaluate freeway weaves and main lane operations using the LOS D procedure witlt and
witltout a Coors event.
6. Prepare a technical memorandum that summaries study data, assumptions, methodology,
and results for use in preparing the Proj ect Report for Orange Avenue at I-80S.
7. Meetings and coordination witlt City staff, CalTrans, and Coors representative up to ten
meetings at two hours each with one hour of meeting preparation for each meeting.
B. Geotechnical (Ninyo & Moore):
1. Performing a subsurface evaluation for the proposed improvements. This evaluation
will include tlte excavation, logging, and sampling of six additional exploratory borings,
two for the Otay Valley Road off-ramp widening and four for the I-80S auxiliary lane.
The borings will be located along tlte proposed widening and auxiliary lane alignments
to evaluate the subsurface soil conditions underlying the site. We anticipate the depth
of our borings to be on the order of 5- to 20-feet below existing ground surface.
2. Laboratory testing of selected, representative soil samples. Laboratory tests will include
evaluation on in-situ moisture and density, gradation, Atterberg limits, direct shear, R-
value, and soil corrosivity.
3. Data compilation of engineering analyses of the information obtained from our
subsurface evaluation and laboratory testing. Our engineering analyses will include the
analyses of seismic design criteria, anticipated settlement, fill embankment and cut slope
design recommendations, corrosion potential of soils along tlte alignment, design criteria
for earth retaining structures, and evaluation of structural pavement sections.
4. The data, conclusions, and recommendations will be included in tlte Draft Geotechnical
Design Report for the project.
5. Subsequent to review, comments will be addressed and tlte Geotechnical Design Report
will be finalized.
C. Lead Testing Report (Ninyo & Moore):
In addition to the 38 soil sample locations proposed previously, we propose an additional
five sampling locations at tlte 1-805 auxiliary lane and retaining wall, and an additional four
sampling locations at the Otay Valley Road off-ramp widening. Other scope items would
be in accordance with our previous proposal. We have assumed that tlte additional sampling
would be accomplished during the same mobilization as the other 38 sample locations.
D. Hazardous Waste ISA (Ninyo & Moore):
1. Review current lists from the following agencies: U.S. Environmental Protection
Agency (EP A); State of Califomia Department of Health Services (CDHS); State of
-4- c2t!J -- / ;J
California Regional Water Quality Control Board (CRWQCB); San Diego Department
of Environmental Health (DEH); and California Integrated Waste Management Board
(CIWMB). Lists will be reviewed for the presence of known hazardous substance sites
within 1,000-feet ofthe project area. These lists include the following:
U.S. EPA CERCLIS
U.S. EPA National Priority List (Superfund Site)
CDHS - Abandoned Site Program Information System (ASPIS)
CDHS - Expenditure Plan for the Hazardous Substance Cleanup Bond Act
CIWMB - Active and Inactive Landfills
CRWQCB - San Diego Region, Leaking Underground Tank Facilities
Hazardous Waste and Substance Sites List (Governor's List)
DEH - Selected Hazardous Materials Records List (HE-17)
2. Review of readily-available regulatory agency records (assumes a maximum of six
addresses) to locate sites where potentially hazardous materials have been used or
stored, locations of landfills, and locations which utilize underground storage tanks.
3. Review of historical aerial photographs, including one photograph from each decade
beginning with 1928, if available.
4. Review of available maps and reports pertaining to the subject site. The client is
requested to provide copies of available documents.
5. Performance of a site reconnaissance to locate possible areas of contaminated surficial
soil or surface water, improperly stored hazardous materials, possible sources of
Polychlorinated Biphenyls (PCB's), and potential risks of contamination from activities
at the site and adjacent properties.
6. Contact the San Diego County Department of Environmental Health, Underground
Storage Tank (UST) Division, and the Chula Vista Fire Department UST unit for site
information.
7. Prepare draft and final versions of a Hazardous Waste Initial Site Assessment (ISA)
report documenting our findings and providing recommendations regarding potential
environmental impacts at the site.
8. For the I-80S auxiliary lane and retaining wall, the previously prepared Hazardous
Materials ISA covered this area, and since an updated ISA is not requested for the
original project area, and additional ISA is not proposed for this area.
E. Noise (Helix Environmental):
Prepare additional noise measurements in applicable locations, as well as updating computer
noise modeling as appropriate. Based on review of the October 1998 CaITrans Noise
Analysis Protocol and Technical Noise Supplement, it is assumed in this proposal that the
project noise analysis will not require utilization of the new FHW A noise model described
in the referenced documents. This conclusion is based on the fact that the new noise model
is not scheduled to become effective until March of2000. The existing Acoustical Study
-5-
cJV"- / tj
used for the preparation of the NBSSR will be updated to reflect the additional project
features.
F. Air Quality (Helix Environmental):
Preparation of additional Air Quality Impact Analysis based upon the additional project
features.
G. Visual Quality/Land Form Alteration (KTU&A):
Prepare additional Visual Quality Studies to include site photography, impact assessment and
mitigation programs for the additional project features.
H. Cultural Resources Technical Report (Kyle Consulting, sub to Helix Environmental):
A Technical Report will be prepared based upon a site reconnaissance and a review of
available records. This report will conform with applicable regulatory guidelines, and will
include a literature review, records search, site survey and report. The scope of work
assumes that the survey is negative (no cultural resource sites are found) and that no testing
of identified sites is included.
Architect M. W. Donaldson, FAIA, Inc., as a subconsultant to HELIX, will prepare appropriate
documentation and analyses to complete National Historic Preservation Act Section 106
requirements for the proposed project and alternatives. All 106 materials will comply with
applicable regulatory guidelines, and will include appropriate field reconnaissance and archival
research, as well as preparation of the following documents for all affected properties: Historic
Property Survey Report (HPSR), Historic Architectural Survey and Evaluation (HASE) Report, and
Department of Parks and Recreation (DPR) Form 523 (including photographs). Based on
information received from Rick Engineering Company, it is assumed for this proposal that Right-of-
way (ROW) takes from the proposed project would affect 14 residential lots, while ROW takes from
the southern alignment build alternative would affect 17 residential lots. It is further assumed that
all ROW takes would be limited to existing property boundaries, and that no existing structures
would be affected. Finally, this proposal assumes that no significant historic resources would be
affected by the proposed project and alternatives. If such significant impacts are subsequently
identified, a separate scope and cost will be provided at your request to assess these potential impacts
and associated mitigation requirements. This would include a separate final finding of effect report.
I. Biological/Archaeological Technical Reports:
Helix Environmental will provide a brief discussion based on available records and a site
reconnaissance regarding these environmental aspects.
J. Environmental Document and Processing
Helix Environmental will assist the City of Chula Vista in completing the CEQA and NEP A
processing. Helix will additionally prepare ajoint CEQA/NEP A Initial Study/Environmental
Assessment (IS/EA). Also included in this scope of work, is a brief biological and
paleontological resources discussion in the Environmental Document. Specifically excluded
from this scope of work is the preparation of an EIR or Federal EIS. The City ofChula Vista
-6- ;2.(J .-/..--S
will circulate all related CEQA public notices and documents. Additionally, CalTrans will
provide oversight of the required NEP A notices (prepared by Helix Environmental), the
FONSI, and will coordinate with FHW A.
IV. Reimbursibles
Costs for reimbursable expenses such as report printing and bluelines will be billed to the City
at the cost incurred. Budgets are set up approximating the expenses for the expanded project.
Reimbursable expenses shall not exceed $5,540 for Geometric Features Required and $3,100
for Potential Geometric Features.
V. Cost Summary
I. Orange Avenue (PSR) (Rick Engineering Company)
Geometric
Features
Required
A. Update English Topographic Mapping
B. Modify PSR
Subtotal
$ 1,500.00
$ 9,70000
$ 11,200.00
II. Project Report (Rick Engineering Company)
A. Metric Topographic Mapping
B. Expanded Project Report
Subtotal
$ 7,110.00
$ 10,70000
$ 17,810.00
III. Environmental Document
A. Traffic (Urban Systems Associates)
B. Geotechnical (Ninyo & Moore)
C. Lead Testing (Ninyo & Moore)
D. ISA (Ninyo & Moore)
E. Environmental Document and Air Quality and
Noise Analysis and Cultural Resources
(Helix Environmental)
F. Visual Assessment (KTU&A)
Subtotal
$ 25,000.00
$ 900.00
$ 380.00
$ 3,220.00
$ 88,934.00
$ 3,000 00
$121,434.00
IV. Reimbursibles
Grand Total
$ 5,540.00
$155,984.00
Potential
Geometric
Features
$
N/A
--NLA
0.00
N/A
$ 3 500 00
$ 3,500.00
N/A
$ 1,790.00
$ 490.00
N/A
$ 9,232.00
$ 604 00
$12,116.00
$ 3,100.00
$18,716.00
The proposed amendment will increase the contract with the CONSULTANT, as amended, by
$174,700 to a total of$I,184,140.
-7-
02o~/i-
B. A.mend Exhibit A, Section I1B Phased Fixed Fee Arrangement as follows:
1. Revise the Table as follows:
First Second Third Fourth Fifth
Original Amendment Amendment Amendment Amendment Amendment
Phase General Description of Work Contract Revised Revised Revised Revised Revised
No. for Each Phase Amounts Amounts Amounts Amounts Amounts Amounts
Geometries and Cost Estimate
1 for Telegraph Canyon Road $20,150 $20,150 $20,150 $20,150 $20,150 $20,150
Project Study Report/Project
Report (PSRlPR) for Telegraph
2 Canyon Road (Original $92,960 $74,080 $80,853 $80,853 $80,853 $80,853
Contract) Encroachment Permit
for Telegraph Canyon Road
(First Amendment)
Plans Specifications and
3 Estimates (PS&E) for $13S,750 $157,630 $291,127 $291,127 $291,127 $291,127
Telegraph Canyon Road
4 Access Approval Report (AAR) $50,400 $50,400 $50,400 $50,400 $50,400 $50,400
for East Palomar
5 Project Study Report (PSR) fOT $78,960 $78,960 $78,960 $78,960 $86,310 $86,310
East Palomar Street
Project Study ReportlProject
6 Report (PSRlPR) for Olympic $104,720 $104,720 $104,720 $104,720 $191,820 $224,330
Parkway
7 Expenses $17,180 $17,180 $22,180 $22,180 $32,180 $40,820
8 Submittal ofrequest for 0 0 0 $6,000 $6,000 $6,000
soundwall program funding
9 Construction staking, support
and inspection and overhead 0 0 0 0 $129,500 $129,500
sign design for Telegraph
Canyon Road
10 Environmental Document and
Metric Topographic Mapping 0 0 0 0 $121,100 $254,650
for Olympic Parkway
Total Cost $503,120 $503,120 $648,390 $654,390 $1,009,440 $1,184,140
Services (excluding reimbursables) will be paid on a phased fixed fee arrangement in accordance
with the Cost Summary outlined in Section V of Exhibit A, Section 8.A.
-8-
;<0--1/
C. Except as modified herein, all other provisions of the Agreement approved by Resolution No.
18193 on January 23,1996, tlte fust amendment approved by Resolution No. 18555 on January
21,1997, tlte second amendment approved by Resolution No. 18670 on May 20,1997, tlte tltird
amendment approved by Resolution No. 18749 on August 5,1997, and the fourth amendment
approved by Resolution No. 19269 on November 17,1998, shall remain in full force and effect.
END OF FIFTH AMENDMENT
SIGNATURE PAGE FOLLOWS
-9- c1cJ "'; g/
Signature Page
for the Fifth Amendment to
Agreement between City ofChula Vista
and Rick Engineering Company
for Preliminary Engineering Design, Environmental
and Construction Inspection! Administration Services
for Three Interchanges with 1-805 at Telegraph Canyon Road,
Olympic Parkway and Palomar Street
IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Fifth Amendment
thereby indicating that they have read and understood same, and indicate their full and complete
consent to its terms:
DATED:
CITY OF CHULA VISTA
By:
Shirley Horton, Mayor
ATTEST:
Susan Bigelow, City Clerk
APPROVED AS TO FORM:
John M. Kaheny, City Attorney
DATED:
Rick Engineering Company
By:
Kai Ramer, Associate
H:\SHARED\ENGINEER\RlCKSAMD.SMN
-10-
~(/ ~ ) '7
o
300 600
1200
Proposed Modifications to
cJLf - 805 Interchanges
~lft..
..
.
aJY()f
CHlJIA VISTA
Scale in Feet
L Ll : :~-i
RESOLUTION NO. 18193
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT WITH RICK ENGINEERING
COMPANY FOR PReLIMINARY ENGINEERING DESIGN SERVICES
FOR THREE INTERCHANGES ON INTERSTATE 805, AND
APPROPRIATING $550.000 FROM FUND 621-6210 FOR
PROJECT STM327
WHEREAS. in working with the developers in coming up with a strategic plan to assure
that growth can continue in the eastern area without violating the Growth Management
Ordinance. it was determined that one of the more critical items is to upgrade the 1-805
freeway interchange; and
WHEREAS, the proposed contract will retain Rick Engineering to prepare Preliminary
Studies for Interchanges with 1-805 at Telegraph Canyon Road. East Orange Avenue and
Palomar Street; and
WHEREAS. such studies are required by Caltrans prior to construction of major projects
within Caltrans Right of Way; and
WHEREAS. the contract also provides that Rick Engineering Company will prepare
design drawings and specifications for the Telegraph Canyon Road Interchange if Caltrans
concludes that the work does not require a Project Study Report.
NOW. THEREFORE. BE IT RESOLVED the City Council of the City of Chula Vista does
hereby approve an Agreement with Rick Engineering Company for Preliminary Engineering
Design Service~ for three interchanges on Interstate 805. a copy of which is on file in the
office of the City Clerk as Document No. C096-0 12.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said Agreement for and on .behalf of the City of Chula
Vista.
BE IT FURTHER RESOLVED that the amount of $550.000 is hereby appropriated from
Fund 621-6210 for Project STM327.
I
J!
Presented by
n P. Lippitt
blic Works Director
Bruce M. Boogaard
City Attorney
>>--02/
RESOLUTION NO. 18'/1;1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA .APPROVING AGREEMENT WITH RICK
ENGINEERING COMPANY FOR PRELIMINARY
ENGINEERING DESIGN SERVICES FOR THREE
INTERCHANGES ON INTERSTATE 805,.AND
APPROPRIATING $550,000 FROM FUND 601-6010 FOR
PROJECT TF147
WHEREAS, in working with the developers in coming up with
a strategic plan to assure that growth can continue in the eastern
area without Violating the Growth Management Ordinance, it was
determined that one of the more critical items is to upgrade the I-
805 freeway interchange; and
WHEREAS, the proposed contract
Engineering to prepare Preliminary Studies for
805 at Telegraph Canyon Road, East Orange
Street; and
will retain Rick
Interchanges with I-
Avenue and Palomar
WHEREAS, such studies are required by Caltrans prior to
construction of major projects within Caltrans Right of Way; and
WHEREAS, the contract also provides that Rick Engineering
Company will prepare design drawings and specifications for the
Telegraph Canyon Road Interchange if Caltrans concludes that the
work does not require a Project study Report.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve an Agreement with Rick
Engineering Company for Preliminary Engineering Design Services for
three interchanges on Interstate 805, a copy of which is on file in
the office of the City Clerk as Document No.
BE IT FURTHER RESOLVED that the Mayor of the city of
Chula Vista is hereby authorized and directed to execute said
Agreement for and on behalf of the City of Chula Vista.
BE IT FURTHER RESOLVED that the amount of $550,000 is
hereby appropriated from Fund 601-6010 for Project T 47.
Presented by
r vedi:S f~
, City
John P. Lippitt, Director of
Public Works
C:\rl\rick.tng
~ clV~d-;Z
ri -/ ~, ;' .~, C-
V -:>L- - ~ - 0 I A'(3 2....7
ATTACHMENTB
RESOLUTION NO. 18555
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING FIRST AMENDMENT TO THE AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND RICK ENGINEERING
COMPANY FOR PRELIMINARY ENGINEERING DESIGN SERVICES
FOR THREE INTERCHANGES WITH INTERSTATE 805 AT
TELEGRAPH CANYON ROAD, ORANGE AVENUE AND
PALOMAR STREET AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
WHEREAS, in January of 1996, Council approved an agreement with Rick Engineering
to prepare Preliminary Studies for Interchanges at 1-805 and Telegraph Canyon Road, Orange
Avenue and Palomar Street because such studies are required by Caltrans prior to
construction of major projects within Caltrans Right of Way; and
WHEREAS, Rick Engineering, along with Smith & Kempton and City staff, has been
working towards obtaining the necessary Caltrans approvals during the last year; and
WHEREAS, significant progress has been made towards obtaining Caltrans' approval,
but the process has taken longer than anticipated as a result of Caltrans additional
requirements and processing; and
WHEREAS, an extension of time and reallocation of compensation is being requested
to allow the work to continue; and
WHEREAS, the extension requested is commensurate to the time extension approved
by Council for the project managers of this project, Smith & Kempton.
- .
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby approve the First Amendment to the agreement between the City of Chula Vista and
Rick Engineering Company for preliminary engineering design services for three interchanges
with Interstate 805 at Telegraph Canyon Road, Orange Avenue and Palomar Street. a copy
of which is on file in the office of the City Clerk as Document No. C097-005.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to
execute said Amendment for and on behalf of the City of Chula Vista.
BE IT FURTHER RESOLVED that the total cost of the agreement shall not exceed
$503.120 without further approval of the City Council.
Presented by
Approved as to form by
~! t -, ,
J P" ~
on. Lippitt
D ector of Public Works
d.u ~ ;2 ;J
Resolution 18555
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 21st day of January, 1997, by the following vote:
AYES:
Councilmembers:
Moot, Padilla. Rindone, Salas, and Horton
NAYES:
Councilmembers:
None
ABSENT:
Councilmembers:
None
ABSTAIN:
Councilmembers:
None
-dI~~. Mayor
ATTEST:
~ (} r2dn
Beverly A. Authelet, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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.1 8555 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 21st day of January,
1997.
Executed this 21 st day of January, 1997.
v2APf a a-AlJ,;~
Beverly . Authelet. City Clerk
;2(//02i
C 7 ~ 12 - ~.. ~",;- Iv.. ""s '2... 1
ATTACHMENT C
RESOLUTION NO. i 8670
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE SECOND AMENDMENT TO THE
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RICK
ENGINEERING COMPANY FOR PRELIMINARY ENGINEERING
DESIGN SERVICES FOR THREE INTERCHANGES WITH
INTERSTATE 805 AT TELEGRAPH CANYON ROAD, ORANGE
AVENUE AND PALOMAR STREET, WAIVING THE SELECTION
PROCESS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT ON BEHALF OF THE CITY AND APPROPRIATING
$150,000 OFTRANSPORT A TION DEVELOPMENT IMPACT FEES
TO PROJECT STM-32711-805 INTERCHANGE
WHEREAS, in January of i 996. Council approved an agreement with Rick Engineerrng
to prepare Preliminary Studies for interchanges at 1-805 and Telegraph Canyon Road. Orange
Avenue and Palomar Street because such studies are required by Caltrans prior to
construction of major projects within Caltrans Right of Way; and
WHEREAS, Rick Engineering, along with Smith & Kempton and City staff, has been
working towards obtaining the necessary Caltrans approvals during the last year and
significant progress has been made towards obtaining Caltrans' approvals; and
WHEREAS, Caltrans has identified additional modifications to the Telegraph Canyon
Road interchange, based on a recently updated traffic forecast report, which require additional
work related to the preparation of final design plans; and
WHEREAS, the Second Amendment addresses the compensation adjustment required
for this additional work.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
hereby waives the consultant selection process of Municipal Code Section 2.56.070 because
of the substantial design work already performed by Rick Engineering on the project which
makes the selection impractical and potentially detrimental to the project in light of the need
for coordinated design drawings.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does
hereby approve the Second Amendment to the agreement between the City of Chula Vista
and Rick Engineering Company for preliminary engineering design services for three
interchanges with Interstate 805 at Telegraph Canyon Road, Orange Avenue and Palomar
Street, a copy of which is on file in the office of the City Clerk as Document No. C097-052.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said
agreement on behalf of the City.
BE IT FURTHER RESOLVED that the sum of $150,000 is hereby appropriated from
Transportation Development Impact Fees to Project STM-32711-805 Interchange.
-2v ~ d-_r;--
~esojution ~I 8670
Page 2
Presented by
!
Jo n P. Lippitt
P !blic Works Director
Approved as to form by
c2o~ :2(,
r.eSOlJtlo;; -: 3E70
:::'age 3
PASSED. APPROVED. and ADOPTED by the City Council of the City of Chula Vista.
California, this 20th day of May, 1997, by the following vote:
AYES:
Councilmembers:
Moot, Padilla, Rindone. Salas, and Horton
NA YES:
Councilmembers:
None
ABSENT:
Councilmembers:
None
ABSTAIN:
Councilmembers:
None
.dw ~~ /ff'1Z;;;
Shjf\ey Horton. Mayor
ATTEST:
~~ {J fbf.l,-t
Beverly . 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. 18670 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 20th day of May.
1997.
Executed this 20th day of May, 1997.
~ Q (}~i:L
Beverly A Authelet, C,ty Clerk
c2v ~ c2l
ATTACHMENT D
RESOLUTION NO.1 8749
RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING SUBMITTAL OF A REQUEST FOR
SOUNDWALL PROGRAM FUNDiNG iN THE 1998 STATE
TRANSPORTATION IMPROVEMENTS PROGRAM FOR PLANNED
IMPROVEMENTS TO THE 1-805/0RANGE AVENUE
INTERCHANGE AND APPROVING THE THIRD AMENDMENT TO
THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
RICK ENGINEERING COMPANY FOR PREPARATION OF A NOISE
BARRIER SCOPE SUMMARY REPORT (NBSSR) FOR THE 1_
805/0RANGE AVENUE INTERCHANGE AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE
CITY
WHEREAS, in January of 1996, Council approved an agreement with Rick Engineering
to prepare Preliminary Studies for interchanges at 1-805 and Telegraph Canyon Road, Orange
Avenue and Palomar Street which studies are required by Caltrans prior to construction of
major projects within Caltrans Right of Way; and
WHEREAS, a second amendment to the Rick Engineering contract was approved by
the City Council in May of 1997 for additional work required by Caltrans for the 1_
805rrelegraph Canyon Road interchange; and
WHEREAS, in February of 1997, Caltrans notified the City of the anticipated funding
opportunities for retrofit Soundwall projects along local freeways; and
WHEREAS, Caltrans' regulations require submittal of a Draft Noise Barrier Scope
Summary Report by July 25, 1997, in order to qualify for consideration in the funding
program and a resolution from the Council authorizing submittal of the request; and
WHEREAS, a third amendment to the agreement with Rick Engineering is required for
work in connection with the Draft Noise Barrier Scope Summary Report submittal.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby authorize submittal of a request for Soundwall Program Funding in the 1998 State
Transportation Improvements Program for planned improvements to the 1-805/0range Avenue
interchange.
BE IT FURTHER RESOLVED that the City Council does hereby approved the Third
Amendment to the Agreement between the City of Chula Vista and Rick Engineering Company
for preparation of a Noise Barrier Scope Summary Report (NBSSR) for the 1-805/0range
Avenue interchange, a copy of which is on file in the office of the City Clerk as Document No.
C097-136.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said Third Amendment for and on behalf of the City of
Chula Vista.
c2d -.:26
;;esolutlon i 8749
::>age 2
Presented by
Approved as to form by
f)dv /1~~
Jot P. Lippitt
Di ctor of Public Works
.--------,
/ J
~
John . Kaheny
Attorney
c1tJ /02/
1'7
c:Y
;ss01',j:IO:l -; 2749
?age :;
PASSED, APPROVED. and ADOPTED by the City Council of tr,s =:"y of =:Clu;a Vista.
California, this 5th day of August. 1997, by the following vote:
AYES:
Councilmembers:
Moot. Padilla, Rindone, Salas. and Horton
NAYES:
Council members:
None
ABSENT:
Councilmem bers:
None
ABST AIN:
Councilmembers:
None
~A(-
: JbV'./Ck
Shirley Hoaon, Mayor
ATTEST:
~ep)ft () a,d~l
Beverly t{. Authelet, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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. 18749 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 5th day of August.
1997.
Executed this 5th day of August, 1997
'-12",# a Qedat.
Beverly . Authelet. City Clerk
.,;zv ~ ~\ t/
ATTACHMENT E
RESOLUTION NO.19269
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE FOURTH AMENDMENT TO THE
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RICK
ENGINEERING COMPANY FOR PRELIMINARY ENGINEERING
DESIGN SERVICES FOR THREE INTERCHANGES WITH
INTERSTATE 805 AT TELEGRAPH CANYON ROAD, OLYMPIC
PARKWAY AND PALOMAR STREET. WAIVING THE SELECTION
PROCESS. AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT ON BEHALF OF THE CITY AND APPROPRIATING
$355.050 IN TRANSPORTATION DEVELOPMENT IMPACT FEES
(FUND 621-6210) TO PROJECT STM-327
WHEREAS. on January 23. 1996. Council. by Resolution No. 18193 approved an
agreement with Rick Engineering to prepare Preliminary Studies for interchanges at 1-805 and
Telegraph Canyon Road. Olympic Parkway and Palomar Street because such studies are
required by Caltrans prior to construction of major projects within Caltrans Right of Way; and
WHEREAS. since then. three amendments to this contract were approved by Council
on January 21.1977 (Resolution No. 18555). on May 20.1997 (Resolution No. 18670). and
on August 5. 1997 (Resolution No. 18749); and
WHEREAS. the Fourth Amendment will provide for construction services (surveying and
construction support) for the Telegraph Canyon Road/I-80S Interchange expected to be under
construction in early 1999; modification of the existing Project Study report. Project Report
and environmental documents for Olympic Parkway/I-80S; adding 12 monthly coordination
meetings deemed necessary to coordinate the Palomar/I-80S interchange project with FHWA
and Caltrans on a separate track from the other interchange projects; and allow for
reimbursable expenses incurred in the completion of this work; and
WHEREAS. the original Request for Proposals to which Rick Engineering responded
specifically reserved the right to the City to retain the selected consultant for subsequent
project design activities; and
WHEREAS. Rick Engineering has the cumulative knowledge of the project which will
aid in successful construction of the interchanges based on the firm's project planning. design
and construction specifications.
NOW. THEREFORE. BE IT RESOLVED that the City Council of the City of Chula Vista
hereby waives the consultant selection process of Municipal Code Section 2.56.070 because
of the substantial design work already performed by Rick Engineering on the project which
makes the selection impractical and potentially detrimental to the project in light of the need
for coordinated design drawings.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby
approve the Fourth Amendment to the agreement between the City of Chula Vista and Rick
Engineering Company. a copy of which is on file in the office of the City Clerk as Document
Number C098-226. for preliminary engineering design services for three interchanges with
Interstate 805 at Telegraph Canyon R~ad. Ol)',mpic Parkway and Palomar Street.
-ZCl - J /
Resolution 19269
Page 2
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said
Agreement on behalf of the City.
BE IT FURTHER RESOLVED that the sum of $355.050 is hereby appropriated in
Transportation Development Impact Fees (Fund 621-6210) to Project STM-327.
Presented by
Approved as to form by
/
~\
~
~~
02.!J --- .3 02.
Resolution 19269
Page 3
PASSED. APPROVED. and ADOPTED by the City Council of the City of Chula Vista.
California. this 17th day of November, 1998, by the following vote:
AYES:
Councilmembers:
Moot. Rindone. Padilla and Horton
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
Salas
ABSTAIN:
Councilmembers:
None
.J/UAb ~}h,;;:"".
Shirley H ton, Mayor
ATTEST:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Beverly A. Authelet, City Clerk of Chula Vista, California. do hereby certify that the
foregoing Resolution No. 19269 was duly passed, approved. and adopted by the City Council
at a regular meeting of the Chula Vista City Council held on the 17th day of November, 1998.
Executed this 17th day of November, 1998.
~ tl {l~fd
Beverly A. Authelet. City Clerk
~CJ-- J;S
ATTACHMENT F
First Second Third Fourth Fifth
Original Amendment Amendment Amendment Amendment Amendment
Phase General Description of Work Contract Revised Revised Revised Revised Revised
No. for Each Phase Amounts Amounts Amounts Amounts Amounts Amounts
Geometries and Cost Estimate
1 for Telegraph Canyon Road $20,150 $20,150 $20,150 $20,150 $20,150 $20.150
Project Study ReporVProject
Report (PSR/PR) for Telegraph
2 Canyon Road (Original $92,960 $74,080 $80,853 $80,853 $80,853 $80,853
Contract) Encroachment Permit
for Telegraph Canyon Road
(First Amendment)
Plans Specifications and
3 Estimates (PS&E) for $138,750 $157,630 $291,127 $291,127 $291,127 $291,127
Telegraph Canyon Road
4 Access Approval Report (AAR) $50,400 $50,400 $50,400 $50,400 $50,400 $50,400
fOf East Palomar
5 Project Study Report (PSR) for $78,960 $78,960 $78,960 $78,960 $86,310 $86,310
East Palomar Street
Project Study Report!Project
6 Report (PSRlPR) for Olympic $104,720 $104,720 $104,720 $104,720 $191,820 $224,330
Parkway
7 Expenses $17,180 $17,180 $22,180 $22,180 $32,180 $40,820
8 Submittal of request for 0 0 0 $6,000 $6,000 $6,000
soundwall program funding
9 Construction staking, support
and inspection and overhead 0 0 0 0 $129,500 $129,500
sign design for Telegraph
Canyon Road
10 Environmental Document and
Metric Topographic Mapping 0 0 0 0 $121,100 $254,650
for Olympic Parkway
Total Cost $503,120 $503,120 $648,390 $654,390 $1,009,440 $1,184,140
H:\HOME\ENGINEER\ADVPLAN\RICK5. TBL
c2tJ~3r
ITEM TITLE:
Item~
Meeting Date Julv 13. 1999
Resolution J 1f1pproving a Landfill Agreement witlt Otay Landfill, Inc., a
Subsidiary of Allied Waste, Regarding City Trash Flow and Landfill Mitigation
COUNCIL AGENDA STATEMENT
SUBMITTED BY:
Special Operations Manager
REVIEWED BY: City Manager
(4/5tlts Vote Yes _ No Xl
Attached for Council's review and approval is an agreement between tlte City ofChula Vista and Otay
Landfill Inc., a subsidiary of Allied Waste (Attachment A). The agreement contains mitigation for the
proposed expansion of tlte Otay Landfill that tlte County was not requiring as part of their environmental
review and permitting process for tlte project. The agreement also includes an indemnification clause that
protects the City and its ratepayers from liability for past current and future disposal by Chula Vista
generators at tlte landfill. Allied has agreed to provide these benefits as a part of a joint proposal for a
franchise renewal witlt its subsidiary Pacific Waste Services. The Franchise is concurrently being
presented to Council for second reading and adoption.
RECOMMENDATION: Approve a landfill mitigation and disposal agreement witlt Otay Landfill Inc.,
on the terms presented.
BOARDS/COMMISSIONS RECOMMENDATION: The proposal addresses a number of service
issues of interest to tlte Resource Conservation Commission. A full report regarding tlteir
recommendation can be made following tlte Commission's July 12, 1999 meeting.
Will be delivered under separate cover on Friday July 9. 1999
M? "
, ~_~2_9../99 17:08 FAX 6602845
/~_. ffc2/
/ Crnevale's Construction Management, Int;.
r General Building & Restoration Contractors I
.9Lsvestos, :J[a.zarcfous 'Waste !Management
......Ilo.v~,
'IF-I'~ ~
~002
June 29, 1999
Ms. Shirley Horton
City of Chula Vista
276 Fourth Ave
Chula Vista. CA 91910
;:;:1" .m ~ ~~ '."
II ~ '!J _.__........
,,\--..........
JUt. 19Cj
RE: Big Mistake with Solid Waste Contract Extension
Dear Mayor Horton:
It is our understanding that tonight the City Council is considering a 32-year
renewal to the solid Waste Hauling Franchise in Chula Vista. It Is our
understanding that this franchise is intended to be exclusive and not ailow
competition for construction and demolition hauling by roil-off box companies.
We believe that this is bad for the construction and demolition companies and
bad for the property owners that use construction and demolition companies.
It is our experience in doing business in franchise cities that' hauling rates go up.
We have had boxes cost double the competitive rate from non.franchise cities.
In addition, hauling costs go up because service levels go down, Believe it or
not. it costs a lot of money to double handle trash when a trash box is not
delivered when needed. We frequently find in franchise cities that the franchised
hauler Is so focused on the residential and commercial business that the
franchised hauler does not take care of the construction and demolition
customer,
Please take care of contractors doing business in Chuta Vista and the Chula
Vista property owners, We urge you to exclude construction and demolition
hauling from the trash hauling contract.
Thank you.
Sincerely.
~4i (~~
Keith H. Carnevale ~
President
Liuns. # Cll '1J-68ZS49, JIIS'1J, ~I CIIt'DasH # S4J I 'Jl(.1I 0041,'41, A.IYB, ~ I 'DasH # COIOZ
c"'F"rate OIJk... J705 So. Cordoba St. Spri1lg %/10,), Cll91977
~,.,.,""...""""',9'''.,:i'''l".,.~,'''''''_ ""t
q.ft,I- own} oj'll~_ ~7q2 ';Un 'OiL'ilL) /{,'L'Jj 660-2830
.. -----.----- -- .----._.__..._.._"._~_____.___.~_..______..~..._ '_~mw'___,_",______,___",_____,_~___,"__""_"",,,_,,,_________.__~.
COUNCIL AGENDA STATEMENT
Item /~
Meeting Date Julv 13. 1999
ITEM TITLE: Resolution ~Approving a Landfill Agreement with Otay Landfill, Inc., a
Subsidiary of Allied Waste, Regarding City Trash Flow and Landfill Mitigation
SUBMITTED BY: Special Operations Manager~~
REVIEWED BY: City Manag~ 'otr ~\ (4/5ths Vote Yes _ No 2Q
Attached for Council's review and approval"is ~ landfill agreement (Attachment A), between the City of
Chula Vista and Otay Landfill Inc., a subsidiary of Allied Waste. The agreement guarantees certain
mitigation measure, operational improvements and environmental benefits that would not have been
guaranteed if the City had simply commented on the Draft Environmental Impact Report circulated by the
County. The proposed landfill agreement also includes an indemnification clause that protects the City
and its ratepayers from liability for past current and future disposal by Chula Vista generators at the
landfill. Allied has agreed to provide these benefits as a part of a joint proposal for a franchise renewal
with its subsidiary Pacific Waste Services. The Franchise is concurrently being presented to Council for
second reading and adoption.
RECOMMENDATION: Approve the proposed Otay Landfill Expansion Agreement with Otay Landfill
Inc., on the terms presented.
BOARDS/COMMISSIONS RECOMMENDATION: The proposal addresses a number of service
issues of interest to the Resource Conservation Commission. A full report regarding their
recommendation can be made following the Commission's July 12, 1999 meeting.
BACKGROUND: For the past several decades Chula Vista has directed its franchised waste collector to
dispose of residential and commercial waste at the Otay Landfill. The original Otay landfill was in the
City of Chula Vista. The current landfill operation, the Otay Landfill Annex was and remains within the
County unincorporated area (the majority of the area proposed for expansion). The County of San Diego
owned, developed and operated both the Otay and Otay Annex landfills until November 1997. Prior to
the County's sale of the landfills, the County requested that Chula Vista de-annex the landfill area within
Chula Vista to the County as part of the Otay Landfill/Otay Development Agreement. The Otay
Landfill/Otay Development Agreement between the City and the County included a proposed expansion
of the landfills by the County, but that agreement did not contemplate the level of expansion currently
being proposed by Allied. The County had proposed and expansion from approximately 476 feet to 520
feet and routinely maintained soil stockpiles as high as 580 feet. The County proposal also included an
increase from approximately 900 tons of waste per day to 3,500 tons per day. The proposed expansion by
Allied contemplates a maximum height of 725 feet including soil stockpiles and a maximum daily
tonnage of 5,000 tons per day.
The entire landfill operation is now within the County and the land use decisions and the process for
environmental review for the proposed landfill expansion falls within County land use authority. San
Diego County staff is conducting the environmental review process. Chula Vista does not have any
jurisdictional authority with respect to the proposed landfill expansion. City staff has made comments
2/-/
regarding the proposed landfill expansion and preserved the City's opportunity to address those issues
before the County Planning Commission.
As you know, the County sold the San Diego County Landfill System including the Otay Landfill to
Allied Waste in November 1997. Allied had already purchased Laidlaw Waste Systems in December of
1996. Laidlaw was Chula Vista's exclusive solid waste service provider at that time. Under the County's
operation of the landfill for the past decade trash rates fluctuated dramatically, programs were cut and
service suffered. Council consistently directed staff to: 1) monitor the County's disposal rates, 2) monitor
the proposed sale oflandfills, and 3) continue to work with Laidlaw and their successor Pacific Waste
Services to improve service quality. The proposed landfill agreement has been used by staff and Allied to
reach agreement on landfill issues that were not addressed by the County in the years it operated the
landfill and issues that are not fully addressed in the environmental review process the County is currently
conducting. Staff's ability to persuade Allied to agree to the City's terms has been enhanced by Allied
interest in securing an extension for the solid waste and recycling collection franchise currently held by
their collection division, Pacific Waste Services.
DISCUSSION:
The following is a summary ofthe primary components of the Landfill Agreement.
General Operation and Mitigation
Allied has made a commitment in the agreement to "provide top quality landfill operations by industry
standards". In addition to the specific adjustments to landfill operations requested by the City and
approved by Allied they have agreed to meet and confer with City staff to address any future concerns
that may arise. Allied's willingness to cooperate and their operation of the landfill over the past two years
has demonstrated their interest in being a good neighbor.
Specific Mitigation Measures
Easements
Allied has agreed to provide the City with an easement for the extension of Pas eo Ranchero through the
eastern boundary of the landfill. Allied has also agreed to maintain emergency access from Maxwell
Road north to the adjoining donated parcel for City and other agencies. The access road is important to
the City and the ability of other local agencies to meet emergency service needs from the adjoining Public
Works Yard during a disaster or local emergency. Both easements are provided at no cost to the City.
Park donation
Allied has agreed to donate approximately 54 acres of undeveloped land to the City. The City currently
contemplates use of the donated parcel as a park, but the agreement does not require such use. The land
will be donated upon County approval of the proposed landfill expansion. Once donated to the City the
parkland will effectively be taken out of consideration for any future landfill expansion and will create a
permanent buffer for residents and businesses west of the landfill. Allied has also agreed to donate up to
$4 million dollars toward park improvements. The amount and timing of the donation is tied to the final
approval of the landfill expansion by the State, and the resolution of any legal challenges to the
2/- 2
expansion. The park improvement payment will be reduced by $10,000 for each one (1) foot reduction in
the autltorized height from 725 feet, down to 675 feet, and $20,000 for each one (1) foot reduction
tltereafter.
Annexation
Allied has agreed to support any future request made by tlte City to annex tlte 54 acres of donated park
property and tlte approximately 30 acres of adjoining undeveloped land. Allied has also agreed to support
the annexation oftlte landfill upon closure. The potential annexations will help Chula Vista and its
residents participate more fully in tlte land use decisions made regarding tlte final disposition of the site.
Environmental Measures
Allied's commitment to tlte City includes a number of measures which are designed to make the landfill
as good a neighbor to tlte residential, commercial and wildlife in tlte area as possible. Allied's
commitment in tlte agreement with tlte City includes a number of provisions that staff believe will help to
establish and maintain tltat good neighbor relationship throughout tlte life of tlte landfill and long after it
closes.
Allied has agreed to:
· collect litter and perform street sweeping on roads leading to tlte landfill,
· develop and implement mutually agreed upon dust, noise and bird mitigation plans,
· exercise good faitlt efforts to increase metltane gas recovery in an effort to eliminate tlte need for a
flare system including but not limited to; pursuit of state and federal grants and a bid price preference,
· select a California certified clean fuel source for its electrical energy provider
· replace its standard vehicles with clean fuel source vehicles and provide a price preference to
encourage sub-contractors to use clean fuel source powered engines,
· not grade the northern boundary area ofthe landfill that contains vernal pools, and use fencing or
otlter screening to protect tlte pools,
· implement a phased landscape plan designed to mitigate the visual impacts of the landfill and
compliment Wolf Canyon vegetation,
· pursue as tlteir preferred option and upon State approval to utilize a native soil cover tltat will allow
tlte variety of vegetation type and height needed to address tlte aesthetics and variety of habitat
appropriate for final closure of the landfill,
· upon state approval and subject to engineering standards vary tlte final layer of soil from two feet two
six feet in depth,
· meet and confer witlt City staff to develop a final contour plan tltat incorporates variable grades and
undulations into final slopes in a manner tltat creates a more natural appearing landform and enhances
tlte facilities appearance.
Environmental Indemnity
Landfill and illegal disposal site costs have become an increasing liability to cities and tlteir generators.
The proposed landfill agreement provides tlte City and its ratepayers with a greater protection from tltat
liability tltan has been provided in tlte past and more protection tltan can be provided by any otlter landfill
operator. Allied will indemnify, defend and hold harmless the City from and against any and all costs
Z/-3
arising from the past, present or future disposal of waste at the Otay Landfill or any other disposal site to
which Pacific or its Affiliates have taken the City's solid waste. That coverage will survive the terms of
this agreement and run with the extended life and maintenance of the affected landfills. No other service
provider can provide indemnification for current and past disposal except Allied. While it is difficult to
place a financial value on indemnification, it does provide local ratepayers and taxpayers with insurance
against future liability that can translate into extremely high costs.
The recommendation before Council incorporates the issues listed above into a Landfill Agreement
between the City and the landfill operator. The County could have incorporated these issues into its
previous operation of the landfill, or into the draft Environmental Impact Report, but it did not. The
City's option to entering into this agreement with Allied would be to attempt to challenge the proposed
landfill expansion and/or attempt to force the County to impose these measures as part of their permitting
process. Staff's opinion is that while such challenge might delay the project it would not guarantee any
particular outcome. Even if such a challenge were successful it would not likely include the benefits in
the negotiated agreement. Furthermore, such a challenge would certainly create substantial regional
acrimony and would pit the City against the County and most other jurisdictions within the County. To
achieve the proposed benefits staff has instead used the City's Franchise relationship with Pacific as
leverage to develop mutually agreeable mitigation measures and benefits to offset potential impacts from
the landfill that can be mitigated.
In exchange for those benefits the City has made some commitments to Allied. First, are those
commitments addressed in the Solid Waste and Recycling Franchise Agreement. Additionally, the City
has committed to direct the City's waste to the Otay Landfill or another Allied operated landfill during the
term of our Franchise Agreement. Finally, the City has agreed to meet and confer with Allied outside the
project permitting process to address any potential impacts from the landfill. The approval of the Landfill
Agreement effectively accomplishes that result. The approval is also an important first step in
establishing the cooperative framework in which the City and Allied will address any potential future
Landfill issues.
Chula Vista residents and businesses are closer to the landfill than those of any other jurisdiction. The
Agreement assures Allied's support and cooperation on at least those issues contained in the agreement.
It also encourages Allied's continued cooperation on future landfill issues through their relationship with
the City as our Solid Waste and Recycling Franchisee. Staff believes that the measures built into the
proposed Landfill Agreement and the continued cooperation leveraged by the Solid Waste and Recycling
Agreement are better protections for Chula Vista residents and businesses than the City is likely to
achieve through the County's environmental review process.
Allied has conditioned their Franchise Agreement offer upon the City's approval of the proposed landfill
agreement. The expansion ofthe landfill hours and daily tonnage are major factors in Pacific's ability to
provide many of the services they have committed to provide through the Solid Waste and Recycling
Agreement. Starting residential trash collection an hour later, providing residents with free landfill
passes, adding free bulky collection for apartments and condominiums, providing free disposal for City
projects, guaranteeing adequate disposal capacity to meet the City's growth and guaranteeing the lowest
residential rates in the County are just a few of the services that rely on the proximity and City support for
long term availability of the landfill.
2/--4
Conclusion
Staff is asking Council to approve the Resolution establishing a Landfill Agreement witlt Allied's
subsidiary Otay landfill Inc., in conjunction with tlteir approval of tlte proposed renewal of the Solid
Waste and Recycling Franchise Agreement. By not actively opposing tlte landfill expansion that tlte City
does not does not control anyway, tlte City was able to obtain a Landfill Agreement that provides long-
term disposal, provides indemnification from landfill liability and addresses current and future potential
landfill impacts. The current permit process for the proposed landfill expansion, the pending expiration of
the City's franchise agreement and tlte recent purchase of Laidlaw and tlte Otay Landfill by Allied have
created a unique opportunity for tlte City, its residents and businesses. Staff recommends tltat Council
approve tlte proposed Landfill Agreement to take advantage of tlte indemnification, environmental
mitigation measures, park donation and otlter benefits associated with tlte proposals.
FISCAL IMPACT:
If Council elects to approve the Ordinance establishing tlte proposed Franchise Agreement and adopt tlte
complimentary landfill agreement Resolution on July 13, 1999, it will have the following financial
impacts: Subsequent to County approval ofthe landfill expansion tlte City will receive up to 56 acres of
park land. Following state approval of the landfill expansion tlte City will receive up to $4 million dollars
in park improvement funds over four years. The trash rates for the average small business in Chula Vista
will be reduced from approximately $77.00 to $73.50 per montlt. City residential and small business
curbside rates will be guaranteed to be tlte lowest contract rates in the county throughout tlte term of tlte
agreement. The City General fund will save an estimated $75,000 per year in disposal and recycling costs
and will receive an estimated $825,000 in additional revenue in the next fiscal year (and increasing each
year tltereafter during tlte term oftlte agreement) that will not result in any increase to Chula Vista
ratepayers. The impact to the general fund will be limited to tlte ongoing maintenance and staffing costs
of the proposed park upon its completion.
MTM:CAS:Landfill-cas
'2 j- 5
OTAY LANDFILL EXPANSION AGREEMENT
This OTAY LANDFILL EXPANSION AGREEMENT ("Agreement") is
entered into effective as of July 13, 1999 by and between the
CITY OF CHULA VISTA, a chartered municipal corporation of the
State of California ("City") and OTAY LANDFILL, INC., a Delaware
Corporation ("Otay"), with reference to the following facts:
A Otay, a wholly-owned subsidiary of Allied Waste
North America, Inc., a Delaware corporation ("Allied"), owns and
operates the Otay Landfill, located in San Diego County,
California (the "Landfill").
B
approvals to
contemplated
Report dated
Otay is in the process of seeking the necessary
expand the Landfill ("Landfill Expansion") as
by and described in the draft Environmental Impact
February 19, 1999 ("DEIR").
C City has expressed concerns regarding the potential
impacts of the Landfill Expansion on the surrounding areas
located within the City; at the same time, City has expressed an
interest in utilizing the Landfill as a reliable disposal site
for City Solid Waste.
D In consideration of City's cooperation with Otay's
proposed Landfill Expansion, Otay is willing to address City
concerns with mitigating measures, and to offer the Landfill as a
responsible and reliable source of disposal capacity, all on the
terms and conditions set forth herein.
NOW, THEREFORE, for good and valuable consideration, the
receipt and sufficiency of which the parties hereby acknowledge,
City and Otay hereby agree as follows:
1.0 Definitions. Whenever in this Agreement the words or
phrases hereinafter in this section defined are used, either with
initial caps or small case lettering, they shall have the
respective meaning assigned to them in the following definitions
(unless in the given instance, the context wherein they are used
shall clearly indicate a different meaning) :
1.1 "Affiliate" means any parent, subsidiary
corporation, partnership or other entity controlling, controlled
by or under common control with any entity, or any fellow member
of an association, joint venture or similar arrangement for the
provision of landfill, Solid Waste disposal or Recycling services
in which Otay or Allied holds a direct or indirect interest.
1.2 "Applicable Law" means any federal, state or local
rule, regulation, requirement, guideline, permit, action,
determination or order of any Governmental Body having any
'"'DOCNUM"
'L/-h
jurisdiction applicable to the subject matter of this Agreement,
as now in effect and as amended from time to time.
1.3 "CEQA" means the California Environmental Quality
Act, codified at Cal. Pub. Res. Code Section 21000 et seg., as
amended or superseded, and the regulations promulgated
thereunder.
1.4 "Change in Law" means any of the following events
or conditions occurring on or after the date hereof:
(a) the enactment, adoption, promulgation,
issuance, material modification or written change in
Applicable Law or administrative or judicial
interpretation of any Applicable Law; or
(b) the order or judgment of any Governmental
Body with jurisdiction over the Landfill, to the extent
such order or judgment is not the result of willful or
negligent action, error or omission or lack of reasonable
diligence of City, Otay, Allied or any Affiliate thereof,
whichever is asserting the occurrence of a Change in Law;
provided, however, that the contesting in good faith or
the failure in good faith to contest any such order or
judgment shall not constitute or be construed as such a
willful or negligent action, error or omission or lack of
reasonable diligence.
Notwithstanding the foregoing, a "Change in Law" shall not
include a denial by a Governmental Body of a permit for the
Landfill Expansion, or any imposition of conditions in connection
therewith.
1.5 "City" shall mean the City of Chula Vista, a
municipal corporation of the State of California in its present
incorporated form or in any later reorganized, consolidated,
enlarged or reincorporated form.
1.6 "Governmental Body" means any Federal, State,
County, City or regional legislative, executive, judicial or
other governmental board, agency, authority, commission,
administration, court or other body, or any officer thereof
acting within the scope of his or her authority.
1.7 "Green Waste" means the leaves, grass, weeds,
shrubs, tree branches, tree trunk and other wood materials from
trees. Green Waste may also include pre-consumer food waste,
incidental amounts of waxed or plastic coated corrugated
cardboard, unpainted and untreated lumber. Green Waste does not
include tree stumps in excess of 100 pounds, more than incidental
dirt or rock, plastic, glass, metal, painted or treated lumber,
plywood, particle board or other manufactured products that
"OOCNUM"
-2-
""2/-7
contain glue, formaldehyde, non-organic or nonbiodegradable
materials.
1.8 "Solid Waste" means all putrescible and
non-putrescible solid waste, semi-solid and liquid wastes, such
as refuse, garbage, rubbish, ashes, industrial wastes, demolition
and construction wastes, abandoned vehicles and parts thereof,
discarded home and industrial appliances, manure, vegetable or
animal solid and semi-solid wastes, and includes liquid wastes
disposed of in conjunction with Solid Wastes at Solid Waste
transfer or processing stations or disposal sites, which are
generated by residential, commercial or industrial sites within
the City. Solid Waste shall not include: hazardous and
infectious waste, sewage collected and treated in a municipal or
regional sewage system or materials or substances having
commercial value or other importance which can be salvaged for
reuse, Recycling, composting or resale.
1.9 "Uncontrollable Circumstances" means any of the
following acts, events or conditions, if such act, event or
condition is beyond the reasonable control and is not also the
result of the willful or negligent act, error or omission or
failure to exercise reasonable diligence on the part of the party
relying thereon as a justification for not performing an
obligation or complying with any condition required by such party
under this Agreement:
(a) an act of God (but not including reasonably
anticipated weather conditions for the geographic
area of the City), hurricane, landslide, lightning,
earthquake, fire, explosion, flood, sabotage or similar
occurrence, acts of a public enemy, extortion, war,
blockade or insurrection, riot or civil disturbance;
(b) strikes or work stoppages occurring with
respect to any activity performed or to be performed under
this Agreement; and
(c) pre-emption of materials or services by a
Governmental Body in connection with a public emergency or
any condemnation or other taking by eminent domain.
It is specifically understood that none of the following acts or
conditions shall constitute Uncontrollable Circumstances: (a)
general economic conditions, interest or inflation rates,
currency fluctuations or changes in the cost or availability of
commodities, supplies or equipment; (b) changes in the financial
condition of City, Otay, Allied or its Affiliates or any
subcontractor affecting their ability to perform their
obligations; (c) the consequences of errors, neglect or omissions
by City, Otay, Allied or its Affiliates or any subcontractor;
^DOCNUM"
-3-
rzl-~
(d) any failure of any subcontractor to furnish labor, materials,
service or equipment for any reason (other than an Uncontrollable
Circumstance); (e) equipment failure; and (f) any impact of
minimum wage law, prevailing wage law, customs or practices on
the operating cost of Otay, Allied or its Affiliates or City.
2.0 Obliqations.
2.1 Flow Control. For so long as Allied, or an
Affiliate thereof, is City's franchised waste management
provider, City agrees to direct disposal of City Solid Waste
(excluding recyclables) to the Landfill.
2.2 Donated Parcel. Upon local approval by San Diego
County of the conditional use permit relating to an expansion of
the Landfill as contemplated by and described in the DEIR, in
order to provide a buffer between the Landfill and adjacent
properties, Otay shall transfer to City the unimproved real
property located west of the Landfill described on Exhibit A
hereto, consisting of approximately fifty-four (54) acres
("Donated Parcel"). The Donated Parcel may be utilized in City'S
sole discretion. Otay represents and warrants that the Donated
Parcel has not been committed to serve as mitigation property or
for any other purpose that would prevent its development.
Approval of the conditional use permit for purposes of this
Section 2.1 shall not include or otherwise require the successful
resolution of any legal challenges to such permit or the
expiration of any statutes of limitations applicable to the
raising of legal challenges to such permit.
2.3 Community Facilities Improvement Pavrnent. Upon
receipt of the final permit ("Approval Date") approving an
expansion and operation of the Landfill as contemplated by and
described in the DEIR ("Final Permit"), in order to enhance the
buffer between the Landfill and adjacent properties, Otay, Allied
or its Affiliate shall make a payment of Four Million Dollars
($4,000,000) to City ("Community Facilities Improvement
Payment"). The Community Facilities Improvement Payment may be
utilized in City'S sole discretion. Approval of the final permit
for purposes of this Section 2.2 includes and shall require the
successful resolution of any legal challenges to such permit and
the expiration of any statutes of limitations applicable to the
raising of legal challenges to such permit. In the event the
Final Permit authorizes expansion of the Landfill, but such
expansion is for a height of less than 725 feet, the Community
Facilities Improvement Payment shall be reduced by an amount
equal to (i) $10,000 for each one (1) foot reduction in the
authorized height from 725 feet, down to 675 feet, and (ii)
$20,000 for each one (1) foot reduction thereafter. The
Community Facilities Improvement Payment shall be payable in four
(4) equal installments, beginning one (1) year after the Approval
Date and continuing on each one year anniversary thereof until
"'DOCNUM^
-4-
"2/-1
paid in full.
2.4 Annexation. After transfer of the Donated Parcel
to City, Otay, Allied and its Affiliates shall support any City
proposal to annex into the City the Donated Parcel, that certain
parcel adjacent thereto as more particularly described on Exhibit
I2. hereto (the "Adjacent Parcel") and, upon closure of the
Landfill, the Landfill; provided, however, that City shall be
responsible for all fees, taxes, costs and expenses arising out
of or resulting from such annexation, including, without
limitation, annexation costs, environmental review costs,
transfer taxes, recording fees, due diligence fees, escrow fees
and attorneys' fees. City shall be further responsible for
obtaining any necessary County approval for such annexations that
may be required by law or pursuant to City/County agreement.
Notwithstanding the forgoing, Otay, Allied and its Affiliates
shall have no obligation under this Section 2.3 with respect to
the Adjacent Parcel or the Landfill, as the case may be, if
annexation of either such property would result in a valuation or
assessment for property tax purposes greater than the valuation
or assessment that would have resulted if such property had not
been annexed into the City. City agrees that Otay, Allied or its
Affiliates may condition its support for annexation on City's
agreement to designate for land use purposes (i) the Landfill as
the lowest assessed category for open space and (ii) the Adjacent
Parcel as the lowest assessed category for open space so long as
Otay maintains its current use for such property.
2.5 Paseo Ranchero Aliqnment. Otay, Allied or its
Affiliates shall grant an easement to City in connection with the
Paseo Ranchero alignment, for no consideration except as
otherwise specifically set forth herein. Such easement shall be
at the location and configuration as set forth in the alignment
map submitted by City to Otay and attached hereto as Exhibit C.
City and Otay shall meet and confer to make any adjustments to
the easement as may be recommended by the City Engineer.
Adjustments recommended by the City Engineer which do not
interfere with proposed Landfill Expansion or Applicable Law
shall not be unreasonably withheld. City shall be solely
responsible for any environmental review and costs associated
with the creation, operation and maintenance of the easement.
The easement agreement shall contain a provision in which City
agrees to indemnify and defend Otay, Allied and its Affiliates
with respect to any damages Otay, Allied or its Affiliates may
incur arising out of the use or operation the easement, except
those due to the negligence or willful misconduct of Otay, Allied
or its Affiliates. In the event that the grant of the easement
results in a loss of mitigation property by Otay, Allied or its
Affiliates, City agrees to exercise best efforts to assist Otay
in replacing the lost mitigation property through a no cost or
low cost alternative; provided, however, that nothing contained
herein shall obligate City to purchase new property.
^OOCNUM^
-5-
'L /-10
2.6 Emerqencv Access on Maxwell Road. Concurrently
with the grant of the Donated Parcel, Otay, Allied or its
Affiliates shall grant an easement to City which allows for
emergency access to the Donated Parcel from Maxwell Road, for no
consideration except as otherwise specifically set forth herein.
City and Otay shall meet and confer to determine the exact
location of the easement, with roadway construction
specifications satisfactory to the City Fire Marshall and City
Engineer, based on standards comparable to those for other
roadways limited to emergency use only.
2.7 Litter Collection and Sweeoinq. Otay, Allied or
its Affiliates shall hand collect litter as needed but not less
than weekly to keep the public streets listed below free of
debris. The hand pick-up shall include the lesser of the
following areas: (i) from the curb of the street to up to 20
feet of adjoining property from the curb or (ii) from the curb of
the street to the closest fence line. Otay shall provide or
contract for street sweeping with a broom or re-circulating air
sweeper capable of providing service comparable to that used by
City for street sweeping services. The service shall be provided
as needed to remove material associated with the removal and
disposal of waste but not less than weekly. The commitment to
provide such service is in addition to that provided by City and
its contractor or as arranged by City with other agencies to
mitigate any impacts their operations may have on the area. Otay
shall be responsible for providing the services described in this
Section 2.6 in the following areas: (i) Otay Valley Road from
the South entrance of the Coors Amphitheater to Interstate 805,
(ii) Maxwell Road from the Landfill to Otay Valley Road,
(iii) Paseo Ranchero from Otay Valley Road to Orange/Olympic
Avenue (including an easterly extension of Otay Valley Road when
such extension is built and in public use) .
2.8 Imorooer Disoosal Reduction Measures. Otay, Allied
or its Affiliates shall establish a 24-hour hotline number which
individuals may call to report suspected improper disposal of
Solid Wastes in the City. Information obtained from such callers
shall be communicated to City for appropriate City action on the
following business day. Otay shall post a sign at least thirty
(30) days prior to making any reduction in the hours or days of
operation of the Landfill. The sign shall fully inform the
public of such change. When an uncontrollable Circumstance has
caused the change in operation, Otay will make a good faith
effort to post the sign by the end of the next business day.
Otay will also make a good faith effort to notify the previous
month's regular customers by telephone or fax within five (5)
working days if the interruption in service is likely to last
more than ten (10) working days.
"OOCNUM"
-6-
2/-11
2.9 Dust. Otay shall (i) pave on-site roads where
practicable (e.g., frequently used roads with an anticipated life
of at least 5 years in its current location), (ii) sweep on-site
streets (at least weekly), (iii) apply water daily to all on-
site roads (except those used infrequently, which shall be
watered prior to use) and apply other dust control agents and
(iv) revegetate disturbed areas that are not in the path of
planned disturbance in the near future in a manner similar to the
manner described in the Landscaping Plan (as hereinafter defined)
for vegetation of stock slopes.
2.10 Berms. Otay shall construct Landfill screening
berms designed to enclose Landfill operations; provided, however,
that nothing contained herein shall be construed as an obligation
by Otay to ensure that no collection vehicle traffic may ever be
viewed above such berms. Whenever possible, ingress and egress
pathways through the berms shall be located away from any
surrounding residential areas.
2.11 Birds. Otay shall continue to implement bird
control activities for birds that may be attracted to the
landfill, Such control activities may include the use of
pyrotechnic or other means as may be necessary to control birds.
2.12 Vernal Pools. Otay shall provide chain link
fencing at the boundaries of the watersheds to the vernal pools
located along the northeastern portion of the Landfill.
2.13 Gate Check Procedure. Otay, Allied or its
Affiliates shall implement and maintain a gate check procedure at
the Landfill for the purpose of accurately allocating Solid Waste
not generated in the City to the jurisdiction of origin.
2.14 Collection Vehicle Traffic. Neither Otay, Allied
or its Affiliates shall oppose any action by City to restrict
collection vehicle traffic on Paseo Ranchero Road, south of Otay
Valley Road, except such collection vehicle traffic as is
necessary to provide services to persons located within such
area. Otay agrees to abide by City directives regarding traffic
control before, during and after amphitheater or other special
events in the Otay Valley Road area.
2.15 Landscaoinq Plan. Otay, Allied or its Affiliate
shall implement a phased landscaping plan which is described in
draft form in Exhibit D attached hereto ("Landscaping Plan"),
with such modifications as may mutually be agreed upon by City
and Otay. Landscaping shall be phased in as the landfill expands
and height increases. The Landscaping Plan will be implemented
in a manner that respects and compliments existing vegetation
adjacent to Wolf Canyon. The Landscaping Plan, and any approved
modifications thereto, shall be subject to San Diego County
approval. The parties agree to cooperate in presenting and
"DOCNUR"
-7-
'2/-/2-
advocating the Landscaping Plan before all applicable County
agencies with approval authority. Otay also agrees to develop a
final closure plan in accordance with state and federal
regulations for the Landfill which includes a protective cap and
vegetative layer. To the extent allowed by law, the final
protective cap shall be designed to use monolithic soils capable
of sustaining and promoting revegetation of finished slopes with
native plant species. At a minimum, the final vegetative layer
shall be two (2) feet thick and shall be designed with
undulations to accommodate greater thicknesses' of up to six (6)
feet where engineeringly feasible and allowed by law.
2.16 Contourino. Otay, Allied or its Affiliate shall
incorporate contouring into the Landscaping Plan that reflects a
split-deck at the top of the Landfill, provided implementation of
such contouring does not result in the generation of additional
significant impacts that require additional studies or analysis,
or recirculation of the EIR that would significantly delay the
CEQA process. The parties agree to meet and confer to develop
contouring plan specifics not addressed in the landscape plan and
to evaluate alternative contouring for the finished expanded
landfill. Such alternative contouring shall include possible
undulation of the side slopes and potential regrading of upper
contours to soften the slope angle more gradually where
engineeringly feasible and allowed by law. City agrees to work
with Otay to minimze any loss of airspace proposed in the
landfill expansion as a result of contouring.
2.17 Soil Stockpiles. During construction for the
expansion of the Landfill, should the need arise to stockpile
soil, such stockpile(s) shall at no time exceed the final
allowable height of the Landfill under the expansion permits.
Otay shall vegetate stockpile slopes in accordance with the
Landscaping Plan.
2.18 Gas Recoverv. Otay shall exercise good faith
efforts to increase its existing gas recovery system or develop a
new gas recovery system with respect to methane production in an
effort to reduce or eliminate the need for a flare system,
subject to the requirements of the DEIR, the Landfill permits,
current contracts (without extensions) and Applicable Law.
Otay's obligations under this Section 2.17 shall include (i)
meeting and conferring with City to take advantage of all state
and federal credits and preferences and (ii) the solicitation and
acceptance of bids which reduce or eliminate the need for a flare
system provided the additional costs of such gas recovery system
do not exceed one percent (1%) of the costs set forth in bid(s)
received to provide such gas recovery without the reduction or
elimination of a flare system.
2.19 Clean Fuel Source. Otay or its Affiliate will
promptly implement a program regarding the purchase of new clean
"'DOCNUM"
-8-
2/ -1"3
fuel source (~, E-rated electricity, propane, natural gas,
liquid natural gas, hydrogen fuel cell, CNG, etc.) support
vehicles upon the replacement of such support vehicles. Otay
will immediately establish service with a California Green E
Utility provider for its on-site electrical power source needs.
Otay shall exercise good faith efforts to solicit bids for clean
fuel source grinding equipment and services used in Green Waste
with respect to the expiration of its existing contract therefor
(excluding extensions) , and Otay shall accept a clean fuel
source bid provided the additional costs of installing and
operating the grinding equipment do not exceed one percent (1%)
of the installation and operating costs set forth in bid(s)
received to provide such services without the use of clean fuel
sources. City shall permit Otay, Allied and its Affiliates to
purchase clean fuel sources from City at a price that does not
include any profit for City.
2.20 Cateoorization of Waste Materials. In order to
fully assist City in meeting its AB 939 obligations, to the
extent City diverts inert materials, non-compostable Green Waste
and similar waste materials, Otay will identify these materials
as recyclables or alternative daily cover to the extent the same
qualifies as such under Applicable Law.
2.21 General Operational Measures. Otay shall provide
top quality Landfill operations by industry standards. Otay
agrees to meet and confer with City to address concerns relating
to Landfill operational issues and to develop measures to address
such concerns.
2.22 Limitation on Taxes. Fees and Assessments. Except
for the Donated Parcel and Community Facilities Improvement
Payment provided herein, and any generally City imposed taxes,
fees or charges assessed on all businesses for goods or services
in the City, City shall not impose any other or further fees or
assessments on Otay, Allied or any valid successor or assign in
connection with the current operations of the Landfill (including
the Landfill Expansion as contemplated by and described in the
DEIR) except to the extent that Otay, Allied or its Affiliates
may immediately pass-through such tax, fee, charge or assessment
to City ratepayers (and for which such party shall cooperate with
City in collecting). Further, in the event that such taxes,
fees, charges or assessments are imposed on Otay related to the
Landfill by any Governmental Body other than City, and the
legislative action or actions imposing the same further requires
that the same are diverted, earmarked or otherwise paid over to
the benefit of City, in whole or in part, and such action or
actions (i) are not offset by a related legislative action or
actions which reduce City revenues under this Agreement, (ii) do
not compensate City for additional regulatory duties, (iii) do
not reimburse City for new, direct out-of-pocket costs or (iv)
are related to hazardous materials collection or remediation at
"DOCNUM'"
-9-
7-1 - I tf
the Landfill by City due to the failure of Otay, Allied or its
Affiliates to comply with its obligations to City under Section
3.13 hereunder, such sums, if any, shall be promptly rebated to
Otay's accounts or paid over to Otay.
3.0 General provisions
3.1 Term. This Agreement shall be effective for so
long as Otay, Allied or its Affiliate operates the Landfill,
however, Sections 3.2, 3.7, 3.9, 3.10, 3.11, 3.14 and 3.15 shall
survive the termination of this Agreement.
3.2 Administrative Review of Disputes. Prior to
commencing litigation, a party shall first give the other party
written notice of any dispute with respect to this Agreement.
Such notice shall specify a date and location for a meeting of
the parties hereto at which such parties shall attempt to resolve
such dispute, and the name of a mediator selected by such party
to mediate the meeting. City shall keep a record of the
proceedings conducted and information presented during such
meeting. The cost of such resolution shall be divided and paid
equally by the parties. In the event that such dispute cannot be
resolved by the parties hereto within thirty (30) days, the
matter may be referred by mutual agreement of the parties to
non-binding arbitration, or by either party to legal proceedings.
Neither party may act to terminate this Agreement for cause
except at the conclusion of the meeting of the parties held
pursuant to this Section 3.1, or in the event the parties have
referred the dispute to arbitration, at the conclusion of the
arbitration.
3.3 Authoritv. Each party represents that it has full
right, power and authority to execute this Agreement and to
perform its obligations hereunder, without the need for any
further action under its governing instruments, and that the
parties executing this Agreement on behalf of such party are duly
authorized agents with authority to do so.
3.4 Assiqnment. Except as expressly provided herein,
neither this Agreement, nor any rights or interest herein, shall
be assigned by either party without the prior written consent of
the other party, which consent shall not be unreasonably
withheld, conditioned or delayed, except that City is deemed to
have consented to any transfer this Agreement by Otay to any
Affiliate, provided such Affiliate covenants and agrees in
writing to perform and be bound by each and all of the terms and
conditions hereunder. Any attempted assignment in violation of
this section shall be void and shall constitute a material
default entitling the other party to terminate this Agreement.
In addition, both parties agree to comply with any and all
provision contained in the Municipal Code governing the change of
ownership of Otay or the transfer of this Agreement.
^nOCNUMA
-10-
2/-lb
3.5 Counterparts. This Agreement may be executed in
multiple copies, each of which shall be deemed an original, but
all of which shall constitute one agreement after each party has
signed such a counterpart.
3.6 Entire Aqreement. This Agreement, together with
all exhibits attached hereto and other agreements expressly
referred to herein, constitutes the entire agreement between the
parties with respect to the subject matter contained herein. All
prior or contemporaneous agreements, understandings,
representations, warranties and statements, oral or written, are
superseded.
3.7 Other Governmental Bodies. In the event any value
paid to City under this Agreement is required by law to be shared
with or otherwise paid over to any other Governmental Body, City
shall be solely responsible for transferring such value to such
Governmental Body, without any indemnification or any other
reimbursement from Otay, Allied or its Affiliate under this
Agreement. Notwithstanding the foregoing, any such requirement
shall be considered a Change in Law pursuant to the terms of this
Agreement and this Section shall not relieve Otay, Allied or its
Affiliates of its obligations under Section 3.12 hereof.
3.8 Exhibits. All exhibits referred to herein are
attached hereto and incorporated herein by this reference.
3.9
interpreted,
of the State
Governinq Law. This Agreement shall be governed,
construed and enforced in accordance with the laws
of California.
3.10 Notice. Any notice that may be given to either
party under or with respect to this Agreement shall be deemed to
have been given when delivered personally or when sent by
registered or certified mail, postage prepaid, addressed as
follows:
Otay:
Otay Landfill, Inc.
8364 Clairemont Mesa Boulevard
San Diego, CA 92111
Attn: James T. Ambroso, District Manager
with a copy to:
Patrick C. Shea, Esq.
Pillsbury Madison & Sutro LLP
101 West Broadway, Suite 1800
San Diego, CA 92101-3302
"OOCNUM"
-11-
2/-1&
CITY:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Attn: City Manager
with a copy to:
City Attorney
3.11 Successors. Subject to the restrictions on
assignment and change of ownership contained herein, all terms of
this Agreement shall be binding upon, inure to the benefit of,
and be enforceable by the parties hereto and their respective
heirs, legal representatives, successors, and assigns.
3.12 Uncontrollable Circumstances. Except as otherwise
specifically provided in this Agreement, neither Otay, Allied or
its Affiliates, on the one hand, or City, on the other hand,
shall be in breach of this Agreement for any temporary failure or
delay in the performance of any obligation under this Agreement
(other than any payment at the time due and owing) to the extent
such failure or delay is due to the occurrence of an
Uncontrollable Circumstance; provided. however, the party
experiencing an Uncontrollable Circumstance shall not be in
breach only if such party complies with the requirements in this
Section 3.11. The party experiencing an Uncontrollable
Circumstance shall notify the other party by telecommunication or
telephone and in writing ("Notice"), immediately after the party
experiencing such Uncontrollable Circumstance first learns of the
commencement thereof, followed within forty-eight hours by a
written description of (1) the Uncontrollable Circumstance and
the cause thereof (to the extent known) and (2) the date the
Uncontrollable Circumstance began and the cause thereof, its
estimated duration, the estimated time during which the
performance of such party's obligations hereunder will be
delayed. Each party shall provide prompt written notice of the
cessation of such Uncontrollable Circumstance. A party's
obligations hereunder shall be delayed commencing at the date of
Notice time for only so long as the Uncontrollable Circumstance
continues and prevents full compliance with the obligations under
this Agreement. Whenever such act, event or condition shall
occur, the party claiming to be adversely affected thereby shall
(a) use its best efforts to eliminate the cause therefor,
(b) minimize the adverse impacts caused thereby, and (c) shall
take all necessary and appropriate actions, including, if
necessary, bringing in labor and equipment from unaffected areas
to resume full performance under this Agreement as quickly as
possible.
ADOCNUM"
-12-
[/-/7
3.13 Compliance with Laws and Directives. Each of Otay,
Allied and its Affiliates shall comply with all Applicable Law
(or such higher standards as may be required under this
Agreement) regarding the manner in which it conducts its trade
and business. Otay and City agree to cooperate with each other
in reaching a modification to this Agreement to the extent
required by law at any time it should be deemed necessary in the
future. In the event of any Change in Law, or a successful
third-party challenge to all or any material provision of this
Agreement that in either case materially affects City's
consideration or Otay's obligations hereunder, the parties agree
to meet and confer in order to develop reasonable modifications
to this Agreement, if any can be developed, which would allow
this Agreement to continue in substantial conformance with its
terms as they existed prior to such Change in Law.
3.14 Hold Harmless. Otay shall indemnify, save and hold
harmless, City and any elected representatives, officers,
employees, agents and volunteers thereof ("City Indemnified
Parties") against and from all damages, including bodily injury
and property damages, losses, liabilities, demands, claims,
remediation obligations, judgments, decrees, costs (including
court costs and reasonable attorneys' fees) and expenditures
(collectively, "Losses") which such City Indemnified Party may
suffer, or which may be recovered from, or obtainable against
such City Indemnified Party for, or by reason of, or growing out
of or resulting from City's grant or the exercising by Otay of
any or all of the rights or privileges granted hereby, or by
reason of any act(s) or omissions of Otay or its servants or
agents in exercising any or all of the rights or privileges
granted hereby, and Otay shall defend with counsel reasonably
acceptable to City any suit that may be instituted against any
City Indemnified Party by reason of or growing out of or
resulting from City's grant or the exercise by Otay of any or all
of the rights or privileges granted hereby, or by reason of any
act or acts of Otay, or its servants or agents, in exercising any
or all of the rights or privileges granted hereby. Without
limiting the generality of the foregoing, Otay shall defend,
indemnify, save and hold harmless any City Indemnified Parties
from and against all Losses which such City Indemnified Parties
may suffer, or which may be recovered from, or obtainable against
such City Indemnified Parties, resulting from any repair, cleanup
or detoxification, or preparation and implementation of any
removal, remedial, response, closure or other plan or replacement
or restoration of natural resources (regardless of whether
undertaken due to governmental action) at any landfill at which
Otay, Allied or any Affiliate thereof (including predecessors-in-
interest and successors-in-interest) disposed of Solid Waste
collected from City generators, or activities of Otay, Allied or
any affiliate thereof which result in a release or threatened
release of hazardous materials into the environment in or around
the City or at any landfill. The foregoing indemnity is intended
ADOCNQM"
-13-
"7.../-1'8
to operate as an agreement pursuant to Section 107(e) of the
Comprehensive Environmental Response, Compensation and Liability
Act (CERCLA), 42 USC, Section 9607(e), and California Health and
Safety Code 25364, to defend, protect, hold harmless and
indemnify the City Indemnified Parties from liability. In the
event City seeks indemnification after an assignment of this
Agreement by Otay, City must first seek indemnification from
Otay's successor-in-interest prior to seeking indemnification
from Otay or Allied. The provisions of this Section 13.3 shall
survive the end of the term or termination of this Agreement.
3.15 Remedies UDon Default. Upon the occurrence of any
event of default by any party, the non-defaulting party shall
have any and all remedies available to such party at law or in
equity. No provision herein made for the purpose of securing the
enforcement of the terms and conditions of this Agreement shall
be deemed an exclusive remedy or to afford the exclusive
procedure for the enforcement of said terms and conditions, but
the remedies and procedure outlined herein or provided, including
forfeiture, shall be deemed to be cumulative.
3.16 No Waiver. The failure of either party at any time
to require performance by the other of a provision hereof, shall
in no way affect the right of such party entitled to performance
to enforce the same thereafter. Nor shall the waiver of either
party of any breach of any provisions hereof be construed to be a
waiver of such provisions or of any succeeding breach thereof.
[Next Page Is Signature Page]
"nocNUM"
-14-
?/ - (q
[SIGNATURE PAGE TO OTAY LANDFILL EXPANSION AGREEMENT BETWEEN CITY
OF CHULA VISTA AND OTAY LANDFILL, INC.]
IN WITNESS WHEREOF, Otay and City have entered into this
Otay Landfill Expansion Agreement effective as of the date first
written above.
CITY:
OTAY:
City of Chula Vista,
A municipal corporation
Otay Landfill, Inc.,
a
corporation
By:
By:
Shirley Horton, Mayor
Its:
James T. Ambroso
District Manager
Attest:
City Clerk
[Print Name and Title]
Approved as to form by
City Attorney
[Print Name and Title]
By its signature below, Allied acknowledges and agrees that it is
jointly and severally liable for the environmental indemnity
obligations of Otay contained in Section 3.13 of this Agreement.
ALLIED:
Allied Waste North America, Inc., a Delaware corporation
By:
James T. Ambroso
Its: District Manager
"'DOCNUM"
-15-
-z (- 20
i: !
~:! i
'I'
i
I
""]"[jJ ~
11..11"1,,.
It 1111.
I ,.,
'I'!'
" " I
i
!
I
j
1
,
!
!
i
i
!
!
~, '-'-, .'~"~
''-,"., --;. "';'..:'
"'": "....~ . . . . .. ,..
II! ! iill! Iii I II I I
I'l · ,'I'. ,I, ! ,1 , '
;!i ~ i~:~1l w~i i I~ @ I
-II I !!lil !! I I!
II i 11!!1 .! 1:1 I
'I ! ;'111 I, I" ! \
~ ~ h~i i: ~
!= ~ ii~! ~I: ~
.,' ,,!l 'I' ;
o~ ~)i;>i Ii '" ;!
". "','!~ s ~
~! ~~~! ~ i ~
": Iid"~ ill
I! "lll Il! j
~~ ~ ~~ n! ~
" '-'1 I - .
Ii ili! II'I I
:~ ~~n~! ~
i' li~:: !i., !
. "I I
~~ F: ~ ~.
, .i~; h ~
!I!
"1
~i~
~i~
H
"
i'
,
,,-
!; ~
Iii
~~ ~
k
Ii
II
r
I
z-
1 r----"I :
Ii i;
, I
'IT
III . i 1
II' ."
_..--.-!------'---',---:._-
"
w~~.~_._~:~ ~~. I
I r-<-
i i L>>DSCAPE ef-IANCEMENT PLAN
1 crfAY LANOFU.
, SAN OEGO, CALJFQFlNlA
"21-'2/
. ,
("
,
5;'.,~ ,.
i:~iP::.
: ir
H
H
"
t~
, ~
I,
'I
"
I!
1
,
!
!
r:\':-:'~\' . '-'~"~:;;':'~ "-~--~I '!~:~--l
' ,__, l ...
I \. . ". Ii.,
, , " "'_ ,'", r i-
ll. .'. \ . 'it -',4'~
. , . .:,r 1r
. I: .~ ~ 1 'i.!..; . il'
!, . ,', .
! ' ' ',f
i .~~:-
, ' ~,
,', ' ; .. , i. i-__"~~'Ir
" ,...., ,
. ' '
. . ,
, ,
. 1
,
~i
Ii
!
i
.
,
II i!1 I IIIII iii I 'III I, I
I' !iII Ilil!! ," I I I
!I '1'1 I I Ii
i !i I II!I, i! 1:1 I
· 'I! 'l!!1 I; i ! !
, I ' !I' ,I! ,
i " il!1 il': !
I ,'I 'I' . , ,
! ~i ~~i5 E ~ i
~ ~~ i~! IS ~ ii:
! " ',' I'!
I II inl Ill! I
I II .,., II ,
_ h PIl I,' !
'!" ,II"I!'
',i ~ ~ 9,' !
, -\' I
o\.i h 11
~ p~ ~i ~
Ii
< i
'~'f'"
';" i::!
's"
I., '
II: i I
I" ;
-' ~
'I'
~~ ~
Ii!
...
II
II
i
!
!i! !iil !II
ill !hll! I
",I'll, "
~. ..~I'~
'~I !h II
~\l !liilll
'h I,'!! -,
~i .!!
11 ". i
~<< I;\: !
Ii !II !
'8 I" l
!~ ... ~
'j II !
III
-.j
I',
'Ii
T
I,!
il
!l
~~
".
~ s~
~~;
ht
."
~h
~f:;;
'ni
~~
--
.
Ii "
IL
w....c, ROO"T...T_.
, --"-~ --~..
_.'._~, ,.".-..
LANDSCAPE REVEQETATION PlAN
OTAYLANDFIU...
SAN DEOO, CALFOFNA
LI-2L
!
..",.
0'....
.....
...0'
o
<fl
o
o
--\'
\
/
.
(EXHIBIT C)
E\........,.\9
\.
,
N-
,..,0
- 0- -
N .NO
,..,Or---Lfl
u:>O.....:r.ci
NOr"-N
NvO'>
II II II
<J II
C::>--1
\
,\0
".
.,'l;;
q
0'
? /-J-.3
Landscape Plan- phased landscaping
To be completed.
(Exhibit D)
? / - zJ;
RESOLUTION NO.
193}/;
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A LANDFILL AGREEMENT
WITH OTAY LANDFILL, INC. REGARDING CITY TRASH
FLOW AND LANDFILL MITIGATION
WHEREAS, Otay Landfill, Inc. ("OLI"), a wholly-owned
subsidiary of Allied Waste North America, Inc., a Delaware
corporation ("Allied"), owns and operates the Otay Landfill,
located in San Diego County, California (the "Landfill"); and
WHEREAS, OLI is in the process of seeking the necessary
approvals to expand the Landfill ("Landfill Expansion") as
contemplated by and described in the draft Environmental Impact
Report dated February 19, 1999 ("DEIR"); and
WHEREAS, City has expressed concerns regarding the
potential impacts of the Landfill Expansion on the surrounding
areas located within the city; at the same time, City has expressed
an interest in utilizing the Landfill as a reliable disposal site
for City Solid Waste; and
WHEREAS, in consideration of city's cooperation with
OLI's proposed Landfill Expansion, Otay is willing to address city
concerns with mitigating measures, and to offer the Landfill as a
responsible and reliable source of disposal capacity, on the terms
and conditions set forth in that certain Otay Landfill Expansion
Agreement negotiated by staff and presented to the City Council for
its review and consideration.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby approve the Otay Landfill Agreement
with Otay Landfill, Inc., in substantially the form presented with
such minor modifications as may be approved or required by the City
Attorney, a copy of which shall be kept on file in the office of
the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the city of
Chula Vista is hereby authorized and directed to execute said
Agreement on behalf of the City.
Presented by
Approved as to form by
/
Michael Meacham, Special
Operations Manager
H: \home\attorney\reso\landfill. fin
02/ g--/
~
\
TIllS PAGE BLA..NK.
-'--
~/g ---c2
,
~
m ~
i i
~ ~
~,
I ~
"
'" 1 ,l
"~ , ,')
72 IA P
'-'I
I
~
~
~
.
~
,
.
~
I
~
I
~
~..._.._..~
. . ..,.-......'-. " ... .
::~...:. -..' .~4..~~..."'.i;' .'_ ~ .
h" ~_' .'_ . __ ."'.:' ~;; ~. . '_,\
.: '. . '-'.~- . ,"
", ..
.. .
ill ~ ~~I~! ~ii I II I I
!;~ I ~I~;~ ~.~ ~ ~s ~ i
~~I ~ 18~~~ ~~ I ~~ ~
~i ! liill II I!I I
II I Biil~ ji. ~ I ~
~ . ;~.~ ~~ I i
~ D~f. ~ ~ >
i: ~ ~il~ .~ ~ ~
o' ~ ~~'. ~~ ~ .
~~ 'ii- 50 ~ ~
ii ~~~~;~ j ~
~S ~~~~ ~~ I ·
j! ~I!~ Ii ~ !
~~ i~i~ I! ~ i
~~ .i8~'~. ~ I~ ."
o~ -6""i
"i h i
i~ ~~~ ~~! ~
~. ~'J ~ ~
~ .~~ ~o
~ RI ...... -<
~m
.~~~
~~~ ~
oom~
ffi~O~
yo ...~~
*i ~
m~ .
~.~
~m .
~ ~
g~ ~
NO~
m"
2, ~
or ~
~~m
~~ln
~i
Q~
Pi
'.
Om
~~
~g
~
~
"
\J151
)>~
'}JJ'>
G ~
r III
p
Z
:lI
~
il
~
~
~
~
~~~
.~~
~~.
.!~
~.~
~~g
H
h
~~
~~
I~o
.~
~~
m~~
~h
;;l~.
'.0
~.
~
-.:\
. \.\
.' .-:\
. " ...\
': '. ....,j
-~~~--...~.:':~~~...
zrr
---- '.1'T'T'1-'-. ,. F.'~-----'---'-noo.__.. --1 ,.----"1 i----
"1,.1, ":" . ;
Ii" : II II ~",':~~Ci: ~.~~,~a~I': :T;~D
III I.. I I .... ,'....,,, ... "_.
I, _.
I~I~ ~I~I=' , Iii --..,,----.
IUI I' I. I
I' ~.L" __~_---.J ~____.~
..__L
'I 1['""'-' --I
I. i I LANDSCAPE ENHANCEMENT PLAN.J
Ii OT A Y LANDFILL
I i SAN DIEGO, CAUFORNIA
I II. .
L---__j
rn1T-'
I: I
I I
I ! I I .
! II !
'.._~_..L.....-...,
.
"
'I
:1
'I
I,
'I
\
I
m
><
:I:
......
OJ
......,
-II
:>>
n
~~
'm
.~~
h
~.
~~
-i
h
~
.
!
~
~
~ ~
I ~
< ~
'.
"
It:
r: ' L
, 1'\.
l..:: ~-
.. I ~
/.
. '
" . ~ - . I
inlJ!
I~ ~II ~ ~;~~~ ~;i I ~~ I i
.~ ~. i ~ I~I~~ ~I~ ~~! ~
~~ ~I~ ~ ~iii ~l~ ; II I I
; Ii I ~.I'~~I Ii; I~ I
~ t~, g ~g. · ~ ';
i ~~ ~ "~.~~ j~ a ~~
~ ~~ ~ E~i;1 Ii ~ ! ~
~ ~~ _ ~i~~ '. ~ ,
; ~., . ~.~ s; - I
~ ~i ~ ~~~~ ~i ~ ;
! ~i ~~ii ~o ~ .
i Ii IIi! Ii I I
i!1 i;i; II f i
01' eg '~I~ i~ i ~
_" i <i ,
~~ ~ ~, .
" ~.~ i~ i
~ ~~~ o~ i
~ ~ ~;- ~
,~. :~:-~. -.;-i...: ..:...-.j_..~.~~~ " : ; c',.. i .',~~"-""'~~-'" _,' .. "',::..: -,'
:;~...r7"; '~".-~'! >;' !-i .,....~~;:,~~>dt,"~~'~~~-"'._,.~;~~i.\...~.~2~~l:'~~P~~<-~.':r~
")' , . . .,..'.. . .,. . '" ,'I , ' ',"(/ .ict,;;i~!
:J l i,:e':: r 1" l. \)' ,/1'
, " " < '<'
I' ! ~ .' /'[-5:#(.1"~
: : "I "{;,~
. ',:' ~! I? L! . },
j, .'; ),,-.. "
" ! t . '/ ~I
I . ;!.,,~.
I.' i....... ,,'c,:.,'!: .~(:
;,.. .+;
,jX . '-'I,' 'J' t5
I ; .. j'.. - 't .. ~ 'r~ ~ '::, " I
J ' < . . .. i..,'......, '.';.. ...,.,........ ".
. .. , .~:J.).!:~ ..... , '--'-!\i'
. - !.': ~- .! J
" i
'l~
.
il~
..
~~
~
j
o
~
j.
"-l
m
zF~
h~
~~.
n
~~
~~
.
~
~
'~""."-" .
~
.
~
~
..
~
~~g
~~l;
>~~
~~~
.00
o~m
~"~
<.'
~~lij
~...~
."
.,
~
Tr
~
.
.
~
z
~
f''iT'''--O-,------.- --~-~~-~----------
-----j.. '~
i!
j i i
II
.. _..__~ \_-.J L
W,\I.UCf RO.IITI.. TODD
n roc, '~;~~~roNFUN
l_-..J ___SAN DIEGO, CAUFOANIA
--
u~ liU n I
m !IU j~ I
~h .il ~~
.~I ~;~ ~I
~'. !~.
'0 '.1
~~ ~ .
~i i! I
~i ~~. !
h ill f
il Hi ,
~.~
z'.
"~e
~,..
si ~
i ~ ~
.;
~il
U
"
IT1
><
:c
....
'"
....
-i
'"
'[II'm 1"1
I I,., '.!
i :::' l-
I ; I I
I .
I .J
._......'....M __."'''~I
..~ .',... "''' .,. ,,,... ..~
'--~"."''"'''''-''''''
The Honorable Alvin Garcia
Mayor of Cebu City
Cebu City, 6000
Philippines
Dear Mayor Garcia,
It is with great pleasure that I invite Cebu City to enter-into a Sister City affiliation with the
City of Chula Vista. This invitation is on behalf of the many citizens of our city, as well
as our International Friendship Commission, who have come to i'tnow and love Cebu City
and vote unanimously in favor of the affiliation.
As we look to the future of this aHiance, we envision a growing awareness and
appreciation of each other's culture and people. From small beginnings, we hope this
partnership will continue for many generations, fostering educational, economic, and
professional exchanges. We look forward to the limitless possibilities of this relationship.
Although this partnership must begin on an official basis between the governments of
our two cities, we see the strength and vitality of this long-term association resting wholly
in the hands of our citizen volunteers and participants. To this end, we have in place
an active group of "Friends of Cebu City" here in Chula Vista. We suggest that Cebu
City form a similar body of volunteers to form a group of "Friends of Chula Vista".
The City of Chula Vista's International Friendship Commission has been working very
closely with the Philippine community in our city to bring about this exciting opportunity
for our two cities. We truly hope that Cebu City will consider a Sister City relationship
with the City of Chula Vista.
We eagerly await your decision.
Sincerely,
Shirley Horton
Mayor
cc:
Cynthia Maka
Fran Larson
) j' L -)
05/10/1999 10:31 6194224442
;
LARSON
PAGE '-0
,
i
,
March 24. 1898
Tht meeting WIS called to order It 4:00 P,M.
I
Mtbe'" P.....nt: Chair Larson, Members Breitfelder. Catanzaro, Chou, Ciotti, Garcia,
Mal1lntez
M'~ber Ab..nt: Cracked (Excused due to death In family)
MINUTES OF REGULAR MEETING
INTERNATIONAL FRIENDSHIP COMMISSION
CITY OF CHULA VISTA, CAUFORNIA
.:00 P.M.
A"rova' of M'nu~.
M~UC (Breltfelder/Catanuro) February 24. 1999 minutes as submitted.
Report from Chair
,
C~lr Lerton,alked if the Commissioners have turned in their "Statement of Economic
Int,nelt" to the City Clerk. She admonished them to do so quickly.
I
U""nlshed liIu.ln..s
I
!
A. Report on "Friands of lrapuato" PotluekJMeeting of February 28, 1999 - The potluck,
glv.n to generate Interest in re-establishing the inactive "Friends of Irapuato
Association", was deemed unsuccessful by the Commissioners. There is no "grass
roots', interest or support from the citizens of Chula Vista regarding our Sister City
relationship with Irapualo, Mexico.
Mr, Catanzaro questioned why a copy of the written agenda: used by Acting
Presldenl of "Friends Of Ir.puBlo", Nancy Taboada; was not given to the IFe in
advance.
MSUC (Catanzaro/Larson) In the future, any agenda to be presented at an IFe
sponsored event shall be presented to the IFe, in advance, and approved for
presentation at that event. A copy of the flnal agenda will, In advance of event, be
made available to each Commissioner.
B, Irapuato Sister City Relationship - At this time there is no active relationship, in Chule
Vista, with Irapuato, Mexico.
Councilperson Mary Salas, has requested that the IFC send a recommendation to
the City Council regarding future Slater City relations with Irapuato.
;J.3c-J
06/10/1999 10:31
6194224442
LARSON
PAGE 11
MOTION: (BreltfelderlCatanzaro) Move that the IFC recommend to the City
Council that the Sister City relationshIp between Chula Vista and
Irapuato, Mexico be severed. And, that we follow Sister CitIes
International guidelines for "divorcing" ourselv., from Irapuato.
Vote: In Favor of: Larson, Breitfelder, Catanzaro, Ciotti, Chou, Garcia
Appo,ed: None
Abstein: Marentez
Motion passed.
MSU,C.(Brellfelder/Catanzaro) That the IFC recognize and welcome the active
"Friends of Cebu City" and request that our Mayor lend a letter of invitation, to
become a Sister City, to the Mayor of Cel:_ ::Ity.
,
Meeting adjourned at 5:30 P.M.
~
Lorraine Alexander
Seioretary
2~?C~ 3