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HomeMy WebLinkAbout2006/07/25 Agenda Packet I deC!gjre under penalty of perjury tliat I alII gmployed by the City of Chula Vista in the - \, l" O!liel'l of the City Clerk and that I posted this ~, /~ t on the bulletin board according to;~~ _ " requi ements. ::;;::~?3= - ,- -",- iI"tSigned Stephen C Padilla, Mayor Patricja E., Chavez, Cbuncilmember Jim Thomson, Interim City"Manager John McGanll".Counc'i1member Am,' 'Moore, City Attorney Je.rry R,. J~)ndon..e,-~Cquncjlme'mper SU~!~- Bigelow"Ci~y (ler~. Steye; Castaneda,,:Cou i1c i IlTle!nber .. ..., \ UTf. Council Chambers City Hall 276 Fourth Avenue July 25,2006 6'00 P.M. B ,.", ",..\ CALL TO ORDER , ) ed. ~.~.~..__ ROLL CALL: Councilmembers Castaneda, Chavez, McCann, Rindone, and Mayor Padilla PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATH OF OFFICE Lisa Moctezuma - Planning Commission . INTRODUCTION BY POLICE CHIEF EMERSON OF RECENTLY HIRED AND RECENTLY PROMOTED EMPLOYEES . ,.'\" DID YOU KNOW CHULA VISTAJS GETTING A MAKEOVER. ONE HOME AT A TIME? Presented by Brad Remp, Assistant Director of Planning and BuildinglBuilding Official. . ~ ~ -- -.- CONSENT CALENDAR (Items I thro'ugh 6) The Council will ellact the Consellt Calendar staff recommendations by aile motioll, without discussion, unless a Councilmember, a member of the public, or City staff requests that all item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) alld submit it to the City Clerk prior to the meeting Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar 1 A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING REDEVELOPMENT PLANS FOR THE MERGED BAYFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT AREA (ONLY PERTAINING TO BAYFRONT ORIGINAL AND TOWN CENTRE I), PURSUANT TO SENATE BILL 1096 (CHAPTER 211, STATUTES OF 2004) AS CODIFIED IN HEALTH AND _SAFETY CODE SECTION 333336 (SECOND READING) B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE REDEVELOPMENT PLAN FOR THE MERGED CHULA VISTA REDEVELOPMENT PROJECT AREA (ONLY PERTAINING TO TOWN CENTRE II ORIGINAL AND OTAY VALLEY), PURSUANT TO SENATE BILL 1096 (CHAPTER 211, STATUTES OF 2004) AS CODIFIED IN HEALTH AND SAFETY CODE SECTION 33333 6 (SECOND READING) During Fiscal Years 2004/2005 and 2005/2006, the Redevelopment Agency was required by Senate Bill 1096 (Chapter 211, Statutes of 2004) to make payments to a special state account - the Educational Revenue AugmentatIOn Fund (ERAF). To compensate redevelopment agencies for these "ERAF shifts," the State Legislature (through Senate Bill 1 096) authorized agencies to extend the effectiveness of their redevelopment plans by up to two years, proVided the Agency can make certain findings.. The proposed ordinances contain the necessary findings. These ordinances were introduced on July 18, 2006. (Acting Community Development Director) . Staff recommendation. Council adopt the ordinances. 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 2006/2007 WITHIN COMMUNITY FACILITIES DISTRICTS 97-1, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 08-M, 08-1, ll-M, 12-1, 13-1, AND 12-M, AND DELEGATING TO THE CITY MANAGER THE AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR EACH DISTRICT Adoption of the resolution authorizes the levy of a special tax in each of the districts to pay for the maintenance of open space, preserve areas, and public facilities, or to repay bondholders. (Acting Engineering Director) Staff recommendation. Council adopt the resolution. 3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 200612007 WITHIN COMMUNITY FACILITIES DISTRICTS 06-1 AND 07_M, AND DELEGATING TO THE CITY MANAGER THE AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR EACH DISTRICT Adoption of the resolution authorizes the levy of a special tax in each of the districts to pay for the maintenance of open space, preserve areas, and public facilities, or to repay bondholders. (Acting Engineering Director) Staff recommendation. Council adopt the resolution. 4 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 2006/2007 WITHIN COMMUNITY FACILITIES DISTRICTS 07-1, 09-M, AND 97-2; AND DELEGATING TO THE CITY MANAGER THE AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR EACH DISTRICT Page 2 - Council Agenda http://www. chulavistaca. gOY July 25, 2006 r Adoption of the resolution authonzes the levy of a special tax in each of the districts to pay for the maintenance of open space, preserve areas, and public facilities, or to repay bondholders. (Acting Engineenng Director) StaffrecommendatIon. Council adopt the resolutIon. 5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A 120-DAY EXTENSION TO THE DEFERRAL OF THE PORTION COMPREHENSNE GENERAL PLAN UPDATE COMPRISED OF FUTURE VILLAGES 8, 9, 10/UNNERSITY AREA OF OTAY RANCH On December 13, 2006, the Council approved the City's Comprehensive General Plan Update, with the exception of the area comprised of Villages 8, 9, and 10runiversity area within Otay Ranch, which was deferred. Adoption of the resolution approves a 120-day extension of the deferral to continue exploring the feasibility of potential land use changes with the affected property owners. (Director of PI arming and Building) Staff recommendation. Council adopt the resolution. 6 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD THE POSITIONS OF EXECUTNE DIRECTOR OF THE REDEVELOPMENT AGENCY/CEO OF THE CVRC, CBAG EXECUTNE DIRECTOR, AND DEVELOPMENT PLANNING AND IMPROVEMENT MANAGER AND TO DELETE THE POSITIONS OF COMMUNITY LIAISON (ASSIGNED TO THE OFFICE OF THE MAYOR AND COUNCIL), BUILDING AND PARK CONSTRUCTION MANAGER, CBAG OPERATIONSIINTELLIGENCE COORDINATOR, AND DIRECTOR OF EMPLOYEE DEVELOPMENT (FIRST READING, 4/5THS VOTE REQUIRED) Chula Vista City Charter section 500 requires that all unclassified posItIons not mentioned specifically in Charter section 500 be adopted by Ordinance. Adoption of the ordinance adds the unclassified position titles of Executive Director of the Redevelopment Agency/CEO of the CVRC, CBAG Executive Director, and Development Planning Improvement Manager to Municipal Code Section 2.05 010 The following positions are being deleted from Municipal Code Section 2.05 010' Community Liaison (Assigned to the Office of the Mayor and Council), Building and Park Construction Manager, CBAG Operations/Intelligence Coordinator, and Director of Employee Development. (Budget and Analysis Director) Staff recommendation. Council place the ordinance on first reading. ITEMS REMOVED FROM THE CONSENT CALENDAR Page 3 - Council Agenda http://www . chulavistaca. gOY July 25, 2006 PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generallv prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for filture discussion or refer the matter to staff Comments are limited to three minutes. PUBLICHEARINGS The following items have been advertised as public hearings as required by law If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting 7 CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING CHAPTER 3.50 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO UPDATES IN THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEES (PDIF) TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA The Public Facilities Development Impact Fee (PFDIF) program enables the City to implement the intent of the Growth Management Oversight Commission (GMOC) progra1')1, and to ensure that existing residents do not bear the costs of new development. The last comprehensive update of this program was done in November of 2002. Adoption of the ordinance and resolutions provides for an update of the program. (Budget and Analysis Director) Staff recommendation. Council conduct the public hearing, place the ordinance on first reading and adopt the following resolutions: A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 3.50 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO A DEVELOPMENT IMP ACT FEE TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA'S GENERAL PLAN BOUNDARY (FIRST READING) B RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE "PUBLIC FACILITIES DEVELOPMENT IMP ACT FEE MARCH 2006 UPDATE" C RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE TRANSFER OF FUNDS FROM THE CORPORATION YARD COMPONENT OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE (PFDIF) TO THE PROGRAM ADMINISTRATION COMPONENT OF THE PFDIF FOR COSTS ASSOCIATED WITH THE PURCHASE OF A STORM DRAIN COMPLIANCE INSPECTOR VEHICLE (4/5THS VOTE REQUIRED) Page 4 - Council Agenda http://www ,chula vistaca. gOY July 25, 2006 D RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CLOSURE OF FOUR (4) COMPONENTS OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE (PFDIF) AND TRANSFERRING FUNDS THEREFOR (4/5THS VOTE REQUIRED) 8.' CONSIDERATION OF AMENDING THE CITY'S MASTER FEE SCHEDULE AND ESTABLISHING NEW GREENS FEES AT THE CHULA VISTA MUNICIPAL GOLF COURSE American Golf Corporation is requesting rate changes to greens fees for the Chula Vista Municipal Golf Course. In accordance with the lease agreement, American Golf Corporation can submit rate changes on an annual basis for the City's review and approval. The current greens fees were requested in January of 2004, and have been in effect since December 1, 2004 (Public Works Operations Director) Staffrecommendation. Council adopt the following resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CITY'S MASTER FEE SCHEDULE AND ESTABLISHING NEW GREENS FEES AT CHULA VISTA MUNICIPAL GOLF COURSE 9 CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SEWER SERVICE CHARGES AS LIENS UPON THE RESPECTNE OWNER-OCCUPIED PARCELS OF LAND AND PLACEMENT OF THE DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION Adoption of the resolution approves the placement of liens against affected properties in order to adequately protect the City's interest in delinquent sewer service charges and ensure that collection efforts are directed toward the responsible property owner in the event of a change in ownership. (Finance Director) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CERTAIN DELINQUENT SEWER SERVICE CHARGES TO BE ASSESSED AS RECORDED LIENS UPON THE RESPECTNE OWNER-OCCUPIED PARCELS OF LAND, AND AUTHORIZING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL 10 CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTNE PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION Page 5 - Council Agenda . http:!.IWWW .chul~ vistaca.gov July 25. 2006 Adoption of the resolution approves the placement of hens against affected properties in order to adequately protect the City's interest in delinquent solid waste service charges and ensure that collection efforts are directed toward the responsible property owner in the event of a change III ownershIp. (Finance Director) Staff recommendation. Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING DELINQUENT SOLID WASTE SERVICE CHARGES TO BE ASSESSED AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND, AND AUTHORlZING PLACEMENT OF THE DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL ACTION ITEMS The items listed in this section of the agenda will be considered individualZv by the Council, and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting 11 CONSIDERATION OF APPROVAL OF THE PLANNING AND BUILDING DEPARTMENT STRATEGIC PLAN AND WORK PROGRAM The Planning and Building Department Five-Year Strategic Plan (2006-2010) describes the department's responsibilities in implementing the priorities of the Council and the City Manager's office. The strategic plan aligns Planning and Building's functions and programs with the City Council strategic themes, the recently adopted General Plan, and the economic development strategy (Planning and Building Director) Staffrecommendation. Council adopt the following resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE PLANNING AND BUILDING DEPARTMENT FIVE-YEAR. STRATEGIC PLAN FOR FISCAL YEARS 2006-2010 12. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING THE BALLOT QUESTIONS AND DIRECTING THE CITY ATTORNEY TO PREPARE THE IMPARTIAL ANALYSIS OF THREE PROPOSED CHARTER AMENDMENTS TO BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2006 At its meeting on July 18, 2006, the Council, after receiving a report from the Charter Review Commission and hearing public testimony, voted to place one amendment to Charter Section 300D and two amendments to Charter Section 303C on the November 7, 2006 ballot. (City Attorney) Staff recommendation. Council adopt the following resolution. Page 6 - Council Agenda http://www .chub vistaca. gOY July 25, 2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE BALLOT QUESTIONS AND DIRECTING THE CITY ATTORNEY TO PREPARE THE IMPARTIAL ANALYSIS OF THREE PROPOSED CHARTER AMENDMENTS, ONE TO SECTION 300D, AND TWO TO SECTION 303C, TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 7, 2006 OTHER BUSINESS 13 CITY MANAGER'S REPORTS 14 MAYOR'S REPORTS 15 COUNCIL COMMENTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957 7). 16. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) Two cases ADJOURNMENT to the Regular Meeting on August I, 2006 at 4'00 p.m. in the Council Chambers. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service request such accommodation at least forty~eight hours in advance for meetings and five days for scheduled services and activities. Please contact the City Clerk for specific information at (619) 691~5041 or Telecommunications Devicesfor the Deaf (TDD) at (619) 585~5655 California Relay Service is also available for the hearing impaired. Page 7 ~ Council Agenda htlp :llwww.chulavistaca.gov July 25,2006 ~.~ ORDINANCE NO C\\O~ t>POi A.c"J ORDINANCE OF THE CITY OF CH1JLA~~~~ENDING' REDEVELOPJv[ENT PLANS F~\)\'rHE Jv[ERGED BA YFRONT/TOWN CENTRE ~VELOPJv[ENT PROJECT AREA (ONL Y PERTAINING~BA YFRONT ORIGINAL AND TOW"N CENTRE I) PURSUANT TO SENATE BILL 1096 (CHAPTER 211, STATUTES OF 2004) AS CODIFIED IN HEAL TH AND SAFETY CODE SECTION 33333 6 WHEREAS, the City Council adopted and subsequently amended the Redevelopment Plan for the Bayfront Original Project Mea on July 17, 1979 by Ordinance No 1872, April 22, 1986 by Ordinance No 2146, January 4,1994 by Ordmance No 2585, November 8,1994 by Ordinance No. 2608, July 7, 1998 by Ordinance No 2734, January 13,2004 by Ordinance No 2948,.and February 3,2004 by Ordinance No. 2950; and WHEREAS, the City Council adopted and subsequently amended the Redevelopment Plan for the Town Centre I Project Area on July 17, 1979 by Ordinance No 1872, April 22, 1986 by Ordinance No 2146, January 4,1994 by Ordinance No 2585, November 8,1994 by Ordinance No 2609 July 7 1998 by Ordinance No 2735, January 13,2004 by Ordinance No 2948, and February 3,2004 by Ordinance No 2950; and WHEREAS, Section 33333 6(e)(2)(D) of the California Community Redevelopment Law, Health and Safety Code Sections 33000 et seq ("Law"), provides that when an agency is required to mal(e payments to the Educational Revenue AugmentatIOn Fund during Fiscal Years 2004-05 and 2005-06 pursuant to SectIOn 33681 12 ofthe Law, the legislative body may extend the effectiveness of the redevelopment plan by up to two years, provided the agency can make certain findings; and WHEREAS, the Chula Vista Redevelopment Agency ("Agency") desires to amend the Redevelopment Plans pursuant to the authority granted in Section 33333 6(e)(2)(D) of the Law to allow the Agency to extend the time to collect tax increment because of the loss of funds resulting from the requirement to mal,e payments to L'le EducatIOnal Revenue Augmentation Fund that would have oL'lerwise been used to pay for the costs of proj ects and activitIes necessary to carry out L'le goals and objectives of the Kedevelopment Plans; and WHEREAS, the Agency determined L'lat the loss of revenue due to L'le payments of L'le Educational Revenue Augmentation Fund will impalI their ability to fund futme projects; and WHEREAS, the time limit for the effectiveness ofthe Redevelopment Plan for L'le Bayfront Original Project Mea is July 16,2015, which is more L'lan 10 years but less than 20 years from L'le last day in Fiscal Year 2004-05 and less L'lan 10 years from L'le last day in and Fiscal Year and 2005- 06, in which L'le payment required by Section 33681 12 ofL'le Law must be made' and WHEREAS, L'le time limit for the effectiveness of the Redevelopment Plan for L'le Town Centre I Project Mea is July 6, 2017, which IS more than 10 years but less than 20 years from t.l:1e last 1-1 RDA Resolution No 2006- Page 2 day in Fiscal Years 2004:05 and 2005-06 in which the payment required by Section 33681 12 of the Law must be made; and \VHEREAS, the Agency IS in compliance with the requirements of Section 333346, of the Law which generally requires that not less than 20 percent of the taxes allocated to the Agency begmning in Fiscal Year 1985-86 be used to increase, improve and preserve the community's supply of affordable housmg; and vVHEREAS, the Agency has adopted an implementation plan in accordance with the requirements of Section 33490 of the Law on July 18, 2006 ("ImplementatIOn Plan"); and WHEREAS, as demonstrated in the Implementation Plan, the Agency is in compliance with Section 33413 of the Law; and W1IEREAS, the Agency is not subject to sanctions pursuant to subdivision (e) of Section 33334 12 ofthe Law for the failure to expend, encumber, or disburse cui excess surplus; and 'vVHEREAS, pursuant to Section 33333 6 (e)(3)(A) of the Law, a public hearing has been conducted and duly noticed. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OlliLA VISTA DOES HEREBY ORDAIN AS FOLLOWS I The time limit on the effectiveness ofthe Redevelopment Plan for Bayfront Onginal Project Area, as set forth in Section 1104 ofthe Redevelopment Plan, is hereby extended by twO (2) years to July 16, 2017 2. The time limit on the etIectiveness of the Redevelopment Plan for Town Centre I Project i\rea, as set forth in Section 1104 of the Redevelopment Plan, is hereby eX1ended by two (2) years to July 6, 2019 3 Except as amended hereby, the Redevelopment Plans shall remain in full force and effect according to its terms. 4 All required proceedings and considerations precedent to the adoption of this Ordinance have been regularly t3.ken in accordance with applicable law 5 The City Manager shall notify the appropriate public entities of the adop1ion of this Ordinance. 6 Should any proVISIon, portion, part or section of this Ordmance be held invalid by any COli.c-L of competent jurisdic1ion, the invalid provision, portion, part, or section shall be stricken mld the remainder shall be severable from such invalid prOVIsion, ponion, part or section and such remainder shall remain in full force and effect. . 1-2 '. RDA Resolution No 2006- Page 3 7 This Ordmance shall be in full force and m effect t,':1irty (30) days after passage. 8. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published or posted as required by law within fifteen ( 15) days after its passage. Presented by' Approved as to form by Ann Hix Assistant Director of Comrnuruty Development ,ti7idl!~0r#i I /i ~~ Moore I__l City Att<;>rney . JJ,..<..O/ 1-3 ., \ . ORDINANCE NO AN, ORDINi\l'JCE OF THE CITY OF CHULA 'lIST i),.~ING THE REDEVELOPMENT PLA..N FOR THE ~~ED CHULA VISTA REDEVELOPMENT PR01~~ l\REA (ON1. Y PERTAINING TO TOWN CENT~\.(5'RrGINi\L A..t'ID OTAY VALLEY) PlJRSUANTTO ~EBILL 1096 (CHAPTER211 STATUTES OF 2004) ASi%'6rFIED IN HEALTH AND SAFETY CODE SECTION 33333 6 WHEREAS, the City Council of the City of Chula Vista ("City Council") adopted and subsequently amended the Redevelopment Plan for the Town Centre II Onginal Project .!\rea on May 19,1987 by Ordinance No 2207, July 19,1988 by Ordmance No 2274, November 8,1994 by Ordinance No 2610, August 22,2000 by Ordinance No. 2817, January 13, 2004 by Ordinance No 2947, February 3, 2004 by Ordinance No 2949, and May 4, 2004 by Ordinance No 2962, and WHEREAS, the City Council adopted and subsequently amended the Redevelopment Plan for the OtayValley Projecti'u-ea on November 8,1994 by Ordmance No 2611, August 22, 2000 by Ordinance No 2818, January 13, 2004 by Ordinance No 2947, February 3,2004 by Ordinance No. 2949, and May 4,2004 by Ordmance No 2962, and WHEREAS, Section 33333 6(e)(2)(D) of the California ComnlUnity Redevelopment Law, Health and Safety Code Sections 33000 et seq ("Law"), provides that when an agency is required to make payments to the Educational Revenue Augmentation Fund during Fiscal Years 2004-05 and 2005-06 pursuant to Section 33681 12 of the Law, t,':te legislative body may extend the effectiveness of the redevelopment plan by up to two years, provided the agency can make certain findings, and WHEREAS, the Chula Vista Redevelopment Agency ("Agency") desires to amend the Redevelopment Plan pursuant to the authority granted in SectIon 33333 6(e)(2)(D) of the Law to allow the Agency to extend the time to collect tax increment because of the loss of funds resulting from the requirement to make payments to the Educational Revenue Augmentation Fund t':tat would have otherwise been used to pay for the costs of projects and activities necessary to carry out the goals and objectives of the Redevelopment Plan, and V/HEREAS, the Agency determined that the loss of revenue due to the payments of the Educational Revenue AugmentatlOn Fund will impair their ability to fund future projects; and WHEREAS, the time limit for the effectiveness of the Redevelopment Plan for the Town Centre II Original Project Nea is August 15,2019, which is more than 10 years but less than 20 years from the last day jn Fiscal Years 2004-05 and 2005-06 in which the payment required by Sectlon 33681 12 of the Law must be made, and WHEREAS, the time limit for the effectiveness of the Redevelopment Plan for the Otay Valley Project Nea is December 29, 2024, which is more than 10 years but less than 20 years from the last day in Fiscal Years 2004-05 and 2005-06 in which the payment required by Section 33681 12 1-4 Ordinance No 2006- Page 2 ,. WHEREAS, the Agency is m compliance with the requuements of Section 333346, ofthe Law which generally requirestlJ.at not less than 20 percent of the tiL'{es allocated to the Agency beginning m Fiscal Year 1985-86 be used to increase, improve and preserve the community's supply of affordable housing; and ' WHEREAS, the Agency has adopted an implementation plan in accorda..'1ce with the requirements of Section 33490 of the Law on July 18, 2006 (';Implementation Plan"); and WHEREAS, as demonstrated in the Implementation Plan, the Agency is.in compliance v.ith Section 33413 of the Law; and WHEREAS, the Agency is not subject to sanctlOns pursuant to subdivision (e) of Section 33334 12 of the Law for the failure to expend, encumber, or disburse an excess surplus; and WHEREAS, pursuant to Section 333336 (e)(3)(A) of the La,\" a public hearing has been conducted and duly noticed. NOW, THEREFORE, TIIE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY ORDAIN AS FOLLOWS I The time limit on the effectiveness of the Redevelopment Plan for the ToVv'Il Centre TI Original Proj ect Area, as set forth in Section 1104 of the 'Redevelopment Plan, is hereby extended by two (2) years to August .15 2021 2. The time limit on the effectiveness of the Redevelopment Plan for Otar Valley Project Area, as set forth in Section 1104 of the Redevelopment Plan, is hereby extended by two (2) years to December 29, 2026 3 Except as amended hereby, the Redevelopment Plans shall remain in full force and effect according to its terms. 4 All required proceedings and consIderations precedent to the adoption of this Ordinance have been regularly talcen in accordance with applicable law 5 The City Manager shall notify the appropriate public entities of the adoption of this Ordinance. 6 Should any provision, portIon, part or section of this Ordinance be held invalid by any court of competent jurisdiction, t..l]e invalid provision, portion, part, or section ;h;'lll be stricken and the remainder shall be severable from such invalid provision, portion, part or section and such remainder shall remain m full force and effect. 7 ThIS Ordinance shall be in full force and in effect thirty (30) days after passage. 1-5 " Ordinance No 2006- Page 3 8 The Mayor shall sign this 'Ordinance and the City Clerk shall cause the same to be published or posted as required by law withm fifteen (15) days after its passage. Presented by. Approved as to form by Ann HL,( Assistant Director of Community Development -7/ ~/.//# .~ - / '\ ?"? /~''-'/ / J /.- -7 :'i-t;;:tJ,,(/ fl "0'0! fI.n:6Moore {) City Attorney /-ip/ 1-6 COUNCIL AGENDA STATEMENT " Item =o.;~ Meeting Date 7/25/06 ITEM TITLE: Resolution Authorizmg the levy of maxImum specIal taxes for Fiscal Year 2006/07 withm Commumty Facilities Districts 97-1, 97-3, 98-1, 98-2, 98-3,99-1,99-2,2000-1,2001-1,2001-2, 08-M, 08-1, ll-M, 12-1, 13-1, and 12- M, and delegatmg to the CIty Manager the authority to establish the speCIal tax for each DIstrict. I G , F-'v'-' Acting Director of Engmeenng ~r Interim City Manager f (4/5ths Vote: Yes_Nol) SUBMITTED BY: REVIEWED BY: BOARDS/COMMISSIONS: N/A Twenty-one (21) Community Facilities Distncts (CFDs) were formed during Fiscal Years 1998-2005 Each year, a special tax must be levied in each of the dIstricts to pay for the maintenance of open space and preserve areas and maintenance of other public facilities, or to repay bondholders. The present Item will authorize the levy of maxImum specIal taxes for CFDs 97-1, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1,2001-1,2001-2, 08-M, 08-1, ll-M, 12-1,13-1, and 12-M. RECOMMENDATION: That Council adopt the resolution. DISCUSSION: In January 1998, City Council.adopted the City of Chula Vista statement of goals and policies regarding the establishment of Community Facilities Districts This document allowed the use ofCFDs as a public financing mechanism for . AcqUIsition and/or construction of public improvements and facilities; . Financing of authorized public services; and . To repay bonded indebtedness or other related expenses. During Fiscal Years 1998/99 through 2005/06, the following CFDs were formed in the Otay Ranch, Sunbow II, San Miguel Ranch, Eastlake, and the Rolling Hills Ranch areas: 2-1 Page 2, Hem ~ iVleeting Date 7/25/06 97-1 97-3 98-1 98-2 98-3 99-1 99-2 2000-1 2001-1 2001-2 08-1 12-1 13-1 08-M II-M 12-M Ota y Ranch SPA 1, \; t1lages I and 5 Ota} Ranch McMillm SPA 1 Otay Ranch Villages] W, 2. 2W. 6 7, 12 Otay Ranch McMillin SPA 2. Villages 6, 7 Sunbow II Otay Ranch SPA I, Villages 1, 5 1 West OtayRanchSPA 1, Village 1 West Sunbow II, Villages 5-10 San Miguel Ranch, Areas A and B McMillm Otay Ranch, Village 6 Otay Ranch, Village 6 McMillin Otay Ranch, Village 7 Otay Ranch, Village 7 McMillin & Otay Ranch Village 6 (Areas 1,2) Rolling Hills Ranch McMillan & Otay Ranch, Village 7 Maximum Rate & Actual Rate Open Space maintenance Bond Issue for acqUisitIOn of publIc facIlities Interim open space maintenance Interim open space mamtenance Open Space maintenance Bond Issue for acquisition of public facillties Open Space maintenance Bond Issue for acquisition of public facilities Bond Issue for acquisition of public facilitIes Bond Issue for acquisition of public facilities Bond Issue for acqUisition of public Iacillties Bond Issue for acquisition of public facilities Bond Issue for acquisition of public facilities Maintenance District Maintenance District Maintenance District The City of Chula Vista makes the distinction between the maximum special tax rate and the amount that the City may collect against the special tax rate (Le., the actual rate). The maximum special taxes for Fiscal Year 2006/07 are proposed at the Fiscal Year 2005/06 maximum special tax rates and adjusted by an inflalJon factor as defined III each district's special tax report. The actual rate, on the other hand, is fhe amount actually collected from the property owner and is equal to, or lower than, the proposed maximum special tax rate. The actual rate is based on the budget, the reserve requirement; savings and fund balances, earned interest, and pnor years' savings. Each year, the Council authonzes the levy Of special taxes on the maximum authorized special tax rates, and delegates to the City Manager the authonty to establish the specific speCIal tax rate applicable to each parcel. The Fiscal Year 2005/06 maximum authorized special tax rates were adopted by Council on July 19, 2005, via resolution no 2005-252 (Attachment I). The maximum special tax'rate and actual speCIal tax rate for these existing infrastructure and open space maintenance CFDs are detailed ill Exhibits A fhrough 0, and are accompanIed by district maps. Fiscal Year 2006/07 Rates Maximum Special Tax Rate ,. According to the Rate and Method of Apportionment for open space maintenance CFDs 97-1, 98-1, 98- 3 and 99-2, the Maximum SpeCIal Tax Rates (see exhibIts) for each fiscal year after the initial year shall be increased or decreased by the lesser of the armual percentage change in fhe San Diego Metropolitan Area All Urban Consumer Price Index (CPI) or the armual percentage change in fhe estimated CalifornIa Fourth Quarter Per Capita Personal Income as contained in the Governor's budget published in January 2-2 ~ Page 3, Item ~ Meeting Date 7/25/06 of each year The CPI increase between the second half of 2004 and the second half of 2005 was approximately 366%, while the estimated CalifornIa Fourth Quarter Per Capita Personal Income mcreas~ was 5%. Staff therefore used the cpr (366%), whIch IS the lesser of the annual percentage change.l AccordIng to the Rate and Method of Apportionment for open space mamtenance CFDs 08-M, and' 12-M, the Maximum SpeCIal Tax shall be mcreased each fiscal year after the mitial year and by a factor equal to the annual percentage change in the San DIego Metropolitan Area All Urban Consumer Pnce Index. The CPI increase between the second half of 2004 and the second half of 2005 was approxImately 3.66%. The maximum authorized and projected annual Special Tax rates for all Community Facihties DIstncts are given In the exhibits. Square footage (SF) refers to building floor area, and acreage refers to the total lot SIze. For CFD 98-3, a single-family dwelling unit IS equivalent to one EDU Costs are spread to multi-family units on the baSIS of 08 EDU per unit for street medians and parkways, and I 0 EDU per umt for all other facilities in the CFD Actual Special Tax Rate The Special Tax Levy Reports for maIntenance CFDs 97-1, 98-1, 98-3, 99-2, 08-M, II-M, and 12-M, require the establishment of a fund reserve for each dIstrict of up to 100% ofthe total arulUal operating budget in order to provide revenue for the first half of the fiscal year before any Income is receIved and to provide for cost overruns and delinquencies. A 50% reserve has been provided in each of these CFDs by including an .additional 50% of the Fiscal Year 2006/07 budgets. The reserves should provide suffiCIent funding through December 31, 2006 AddItional reserves may be realized depending on the schedule for accepting new landscaping improvements during the fiscal year The Fiscal Year 2006/07 actual special tax rates are projected at this time due to the large volume of building permit actIVity within the City of Chula Vista and large volume of subdivision activity in the county of San Diego Staff proposes that the City Manager be authorized to modIfy the projected annual special tax rates based on actual square footage and acreage provided such annual speCIal tax rates do not exceed the maximum authorized special tax. Since the rates have been rounded, actual revenue may be slightly different. The final Special Tax Levy Reports will include a list of all parcel numbers and charges apphcable to each parcel. The valid parcel numbers cannot be known for certain until after the special taxes have been submitted to the County for inclusion on the County property tax bills. The final reports will be prepared in August. CONFLICT OF INTEREST: There are no potential conflicts of interest for any City Council members. 2-3 FISCAL IMPACT. Infrastntcture DIstncts. Page 4, Item ~ Meeting Date 7/25/06 The scheduled debt servIce for bonded infrastntcture dIstncts In FY 2006/07 totals $10,919,590 and IS detaIled In the table below Projected special tax revemIes WIll be suffiCIent to cover these amounts with no Impact to the General Fund. CFD 97-3 CFD 99q CFD 2000-1 CFD2001-1 (IAA) CFD2001-1 (lAB) CFD 2001-2 CFD 08-I CFD 12-I CFD.13-I , Maintenance Districts ))~b{Servlce $818,849 I $2,917,001 $501,926 $992,966 $828,067 $708,865 $1,549,369 $1,49] ,331 $1,111,216 S]()9t.9590: ,,_......,."............;,.'....,,;..... The full cost of providing maintenance services in these distncts totals $5,900,121 This entire amount is recovered through the CFDs' special tax levies and reserves, resulting in no net impact to the General Fund. Attachments: ] Resolution 2005-252, 253, and 254 2. FY 2006/07 CFD Tables 3 Distnct Maps 2-4 ATTACHMENT "- . ..A RESOLUTION NO 2005-252 RESOLUTION OF THE CITY COCNClL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 2005/2006 WITHIN COMMIJNITY FACILITIES DISTRlCTS 97-1. 97-2, 97-3, 98-1, 98-2,98-3,99-1,99-2,2000-1,2001-1 2001-2,08-1, 07-M, 08-M AND II-M, AND DELEGATING TO THE CITY MANAGER THE AUTHORlTY TO ESTABLISH THE SPECIAL TAX FOR EACH DISTRlCT WHEREAS, the maximum special tax rates for CommW1ity Facilities District Nos. 97-1. 97-2,97-3,98-1,98-2,98-3,99-1,99-2.2000-1, 2001-1. 2001-2, 08-1, 07-M, 08-tv! and I I-tv!, authorized pursuant to the approved rate and method of apportionment of special taws for each respective community facilities district to be levied for Fiscal Year 2005/2006, are set forth in Exhibits A through N, attached hereto and mcorporated herein by reference as if set forth in full, md . WHEREAS, this City Council desires to establish the maximum special tax rate that may be leVIed in Community Facilities District Nos. 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1,2001-1,2001-2,08-1, 07-M, 08-M and I1-M in Fiscal Year 2005/2006 at the rates set forth in Exhibits A through N attached hereto and to delegate to md designate the City Manager as the official to prepare a certified list of all parcels subject to the special tax levy for each community facilities district including the amount of such special tax to be levied on each parcel for Fiscal Year 2005/2006 as authorized by Government Code Section 53340. NOW, THEREFORE, the City Council of the City of Chula Vista, acting as the .legislative body of Community Facilities District Nos. 97-1,.97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2,2000-1,2001-1,2001-2, OS-I, 07-M, OS-M md I1-M, does hereby resolve as follows: SECTION I The foregoing recitals are true and correct. SECTION 2: This City Council does hereby establish the maximum special tax rates that may be levied for Fiscal Year 2005/2006 in Community Facilities District Nos. 97-1, 97-2, 97-3, 98- 1,98-2, 98-3, 99-1, 99-2, 2000~1, 2001-1, 2001-2, 08-1, 07-M, 08-M and I I-M as the rates set forth in Exhibits A through N attached hereto. SECTION 3 Pursuant to Government Code 53340, this City Council I hereby delegates the authority to and designates the City Manager as the official to prepare and submit a certified list of all parcels subject to the levy of the special tax within the community facilities district to which this resolution applies including the amoW1t of the special tax to be levied on each parcel for Fiscal Year 2005/2006 and to file such list with'the auditor of the County of San Diego on or before the required date or such other later date with the prior written consent of such auditor The amoW1t of the special tax to be levied on each such parcel shall be based upon the budget for each such community facilities district as previously approved by this City Council and shall not exceed the maximum special tax as set forth in Exhibits A through N attached hereto applicable to the community facilities district in which such parcel being taxed is located. 2-5 ResolutIOn Nv 2005-252 Fiage 2 Presented by Approved as to:form bv r , ---I , ::=;a~ Sohaib Al-Agha City Engineer )< Cc,,,'-e~ CA~~ Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 19th day ofJuly, 2005, by the following vote: AYES Councilmembers: Castaneda, Davis, McCann, Rindone, and Padilla NAYS: Councilmembers: None ABSENT Councilmembers: N~~ab Step?en C Padilla, Mayor ATTEST - ~LLL~~ ~ Susan Bigelow, MMC, City erk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City CJerk of Chula Vista, California, do hereby certity that the foregoing Resolution No. 2005-252 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 19th day of July, 2005. Executed this 19th day of July, 2005. ~ 3Lu.-~ 13~~ Susan Bigelow, MMe, City C erk 2-6 ResoluTIon No 2005-252 Page 3 EXRIBIT A Community Facilities District No. 97-1 (Otay Ranch Open Space Maintenance District) Land Use Category Maximum Rate Actual Rate Maximum Rate Estimated Revenue Special Tax Area A: Residential $ 0.0978/sf 1$ 0.0367/sf $ O.IOB/sf $ o 1013/sf I Non-residential $ 1,324.49/acre $ 492.78/acre $ 1,372.87/acre $ 1,372.87/acre V.cant $ 1,498.31/.cre $ 335.09/.cre $ 1,553.04/.cre $ 1,553.04/.cre Estimated Revenue Special Tax Area A: $1,028,517.88 Special Tax Area B: Residential $ 0.2291/sf 0.l5l5/sf $ 0.1515/sf $ 0.1515/sf Non-residential $ 2,941.00/acre $ I 945. 87/acre $ 1,945.87/.cre $ 1,945.87/acre Vacant $ 3,325 72/acre O.OO/.cre $ O.OO/.cre $ O.OO/acre Estimated Revenne Special Tax Area B: $1,768,305.22 CFD 97-1, finances open space maintenance for Otay Ranch SPA One Villages One and Five, and consists of two Special Tax Areas. Area A covers the entire district and includes maintenance of parkways, medians and regional trails along Telegraph Canyon Road, Otay Lakes Road, Paseo Ranchero, La Media Road and Olympic Parkway, Telegraph and Poggi Canyon detention basins, channels, and pedestrian bridges. Area B, which excludes the McMillin development, maintains connector trails, slopes and perimeter walls or fences along major streets in the district. The fiscal year 2005-06 budget for this District totals $625,776 for Area A and $1,211,579 for AreaB. 2-7 Resolution No. 2005-252 Page 4 EXHffiIT B Community Facilities District No. 97-2 (Gtay Ranch Preserve) I Actual Maximum Pro j eeted Estimated Land Use Maximum I Category Rate Rate Rate Rate Revenue Improvement Area A: Residential $ O.0147/sf $ O.Oll/sf $ O.0152/sf $ 0.0152/sf - Non-residential $ 237.92!acre $ 66.60/acre $ 246.6Ifacre $ 246.6 Ifacre .- -." Final Map $ 237.92!acre $ O.OO/acre $ 246,61facre $ 246. 61/acre Vacant $ 15355/acre $ o DO/acre $ 59.15/acre $ 59 l5/acre . See Area C Estimated Revenue Improvement Area A: Below Improvement Area B: Vacant $ 59.34/acre $ 070/acre $ 61.50/aere $ 61.50/acre . - Estimated Revenue Improvement Area B: See Area C Below Improvement AreaC: Residential $ 0.0151/sf $ O.IOll/sf $ 0.OI56/sf $ 0.0156/sf Non.residential $ 243.66/acre $ 66.60/acre $ 252.56/acre $ 252.56/acre Final Map $ 243.66/acre $ O.OO/acre $ 252.56/acre $ 252.56/acre Vacant $ 15726/acre $ O.OO/acre $ 163.00/acre $ 163.00/acre ; Estimated Revenoe Improvement Areas A and C: . $365,010.92 - Community Facilities District 97-2 finances maintenance and biological monitoring of the preserve created in the Otay Ranch area. The County of San Diego has taken the lead in maintaining this area in cooperation with the City No maintenance or monitoring costs were incurred during 1998 through 2002; however, work commenced during fiscal year 2002-03 This district was originally established with two Special Tax Areas. Area A contains Otay Ranch SPA One Villages One and Five, Village One West, and Village Six. Area B contains the remainder of the original district. During fiscal year 2002-03, Area C was created and contains Village Eleven (Brookfield Shea). The fiscal year 2005-06 budget for this District totals $265,782. 2-8 ResolutJon No. 2005-252 Page 5 EXHIBIT C Community Facilities District No. 97-3 (Gtay Ranch McMiIlm -Bond Issue) Land Use Category Maximum Actual Maximum Projected Estimated Rate Rate Rate Rate Revenue Residential $ 0.3920/sf $ 0.3413/sf $ 0.3920/sf $ 0.3920/sf Commercial' $ 4,000/acre $ 3,482.65/ac $ 4,000/acre $ 4,000/acre CommWlity Purpose $ 1,000/acre $ 870.66/acre $ 1,000/ acre $ I,OOO/acre Facili Undeveloped $ 7,9541acre $ 0.001 acre $ 7,9541acre $ 7,9541acre Property Owner $ 7,9541acre $ o OO/acre $ 7,954/acre $ 7,9541acre Association Pro Estimated Revenue: I $1,591,435.34 CFD 97-3 was fanned for the purpose of acquiring and financing public facilities improvements. such as portions of La Media Road and East Palomar Street, in Otay Ranch McMillin SPA One. Fiscal year 2005-06 administrative costs for CFD 97-3 are set at or less than $75,000.00 (as given in the bond indenture), and scheduled debt service on the bonds to be paid from the fiscal year 2005-06 levy is $819,200. 2-9 Resolution No. 2005-252 Page 6 EXIDBITD Community Facilities District No. 98-1 (Otay Project Interim Open Space Maintenance District) Land Use Ma:rimum Actual Maximum Projected Estimated Ca.tegory Rate Rate Rate Rate , Revenue T axab le $ 115.05/acre S 68.79/acre 123.72/.cre $ 123 7lJacre Pro Estimated Revenne: $104,067.07 Community Facilities District No. 98-2 (Otay ProjectMcMillin Interim Open Space Maintenance District) . , , I \ I'Y 2005-06' -- F" 200+05 SpedalTax Rale,; FY 2005-11(, Special Tax nales -Land Use Maximum Actua.l Maximum Projected Estimated Category Rate Rate Rate Rate Revenue Taxable $ 55.07/acre $ O.OO/acre $ 57.07/acre $ 57.07/acre Prooertv Estimated Revenne: $0.00 CFDs 98-1 and 98-2 were created as interim districts because the areas of Otay Ranch included in these districts were not developed and the density of development was not yet known at the time that these districts were established. These districts were formed to provide a guarantee for the financing of a portion of the cost of the maintenance of portions of the parkways and medians along Telegraph Canyon Road, Paseo Ranchero, and Olympic Parkway They also include the Telegraph and Poggi Canyon detention basins and channels allocable to the properties within these districts. As verified by the City's Special District Counsel, properties located within the area of CFD 98- 1 but not included within CFD 99-2 will only be taxed for landscaped areas from the centerline of Olympic Parkway south to the District boundary The fiscal year 2005-06 budget for this District totals $99,217 Non!" of the improvements in CFD 98-2 are expected to be turned over to the City in fiscal year 2005-06 and therefore no special taxes win be levied within this district in fiscal year 2005-06. A portion of eFD 98-2 has been taken over by a new permanent maintenance district, CFD 08- M, with the remainder of the district still covered by CFD 98-2. 2-10 Resolution No 2005-252 Page 7 EXHIBIT E Community Facilities District No. 98-3 (Sunbow II open Space Maintenance District No 35) Land Use Maximum Actual Ma:omum Projected Estimated Category Rate Rate Rate Rate Revenue Residential $ 403 10lEDU $ 1.5 8IEDU $ 417.82/EDU $ 417.82IEDU Industrial $3,142.0 !lacre $ 12.32/acre $3,646.02/acre $3,646.02/acre Commercial $3,517.521acre $ ]3,79/acre $ 3,256.79/acr $ 3,256.79/acr Undeveloped $2,408.60/acre $ O.OO/acre $2,496.59/acre $2,496.59/acre Estimated Revenue: $1,021,247.54 Community Facilities District 98-3 finances open space maintenance in the Sunbow II development. This includes maintenance of street medians, parkways, slopes, drainage channels and basins, and biological monitoring of native and re-vegetated open space. A total budget of $909,699 was projected for fiscal year 2005-06 for this district. 2-11 Resolution No. 2005-252 Page 8 EXHIBlT F Community Facilities District No. 99-1 (Dtay Ranch SPA 1- Band Issue) Land Use Category Maximum Rate Actual Rate Maximum Rate Proj ected Rate Estimated Revenue Zone A (Village 1): Residential $ 0.28/sf $ 0.28/sf $ 0.28/sf $ 0.28/sf - 1,600/.cre I Commerci.1 $ 1,600/.cre $ 1,600/.cre $ $ 1,600/.cre Community Purpose $ 400/.cre $ 400/acre $ 400/.cre $ 400/.cre 1 Facility - I . . See Entire Estimated Revenue Zone A: iDistrict Below Zone B (Village 5): Residential $4001DU + 0.29/sf $4001DU + 0.29/,f $4001DU + 0.29/sf $4001DU + 0.29/,f. Commerci.l $ 3,717/acre $ 3,717/acre $ . 3,717/acre $ 3;717/.cre Community . Purpose $ 929/acre $ 929/.cre $ 929/acre $ 929/acre F.cility Estimated Revenue Zoue B: See Entire District Below Zone C (Village 1 West): Residential $4001DU + 0.44/,f $4001DU + 0.44/sf $4001DU + O.441sf $4001DU + O.44/sf Commercial $ 4,266/acre $ 4,266/acre $ 4,266/acre $ 4,266/acre Community Purpose $ 1,066/acre $ 1,066/acre $ 1,066/acre $ 1,066/acre Facility Estimated Revenue Zone C: See Entire I District Below Entire District: Undeveloped $ 8, 864/acre $ 1,195.68/.cre $ 8,864/acre $ 8, 864/acre Property Owner $ 8,864/acre $ O.OO/acre $ 8,864/acre $ 8,864/acre Association Property Estimated Revenue - Entire District: $3,981,182.30 ------ 2-12 ResolutIOn No. 2005-252 'page 9 EXHIBIT F Community Facilities District No. 99-1 (Otay Ranch SPA I - Bond Issue) ern 99-1 finances public improvements in a portion of Otay Ranch Village l, Village 5 and Village 1 West. The main public facilities included are Olympic Parkway Phases 1 and 2, Paseo Ranchero Phase 2, and East Palomar Street. For CFD 99-1, administrative costs of $75,000.00 (as given in the bond indenture) and scheduled debt service on the bonds of $2,929,686 are anticipated during fiscal year 2005-06. 2-13 Resolution No. 2005-252 Page 10 EXHIBIT G Community Facilities District No. 99-2 (Otay Ranch SPA 1, Village 1 West Open Space Maintenance) Land Use Maximum Rate Actual Maximum Projected Estimated Category Rate Rate Rate Revenue Residential $ 0.40891sf $ O.01741sf $ O.4238/sf $ 0.4238/sf Undeveloped $ 5,042.86Iacre $ O.OO/aere $ 5,227.08Iacre $ 5,227.08/acre Estimated Revenue: $1,120,572.88 As verified by the City's Special District Counsel, property owners within the area of CFD 98-1 not included within CFD 99-2 will only be taxed for landscaped areas from the centerline of Olympic Parkway south to the District boundary. CFD 99-2 has taken over the financing of that portion of costs of maintenance allocable to the property within CFD 98-1 from the centerline of Olympic Parkway north to Telegraph Canyon Road. A total budget of$701,968 is projected for fiscal year 2005-06. 2-14 Resolution No 2005-252 Page 11 EXHIBIT H Community Facilities District No. 2000-1 (Sunbow II Villages 5 through 1 0 ~ Bond Issue) Land Use Category Maximum Actual Maximum Projected Estimated Rate Rate Rate Rate Revenue Residential $ O.4400/sf $ 0.2926/ sf $ o 4400/sf $ 0.4400/sf I Undeveloped $ 7,85l!acre $ O.OO/acre $ 7,8511acre $ 7,8511acre Property Owner $ 7,851/acre $ O.OO/acre $ 7,851/acre $ 7,851/acre Association Pro Estimated Revenue: $667,703.96 CFD 2000-1 finances various public facilities serving the Sunbow IT development such as Telegraph Canyon Road, Medical Center Road and East Palomar Street. For CFD 2000-1, admlnistrative costs for fiscal year 2005-06 are projected to be $50,000.00 (as given in the bond indenture) and scheduled debt service on the bonds is $504,482. 2-15 Resolution No. 2005-252 Page 12 EXHIBIT I . Community Facilities District No. 2001-1 (San Miguel Ranch - Bond Issue) Land Use I Maximum R,ate Category Actu~ Rate Maximum Rate' Projected Rate Estimated Revenue .. Improvement Area A: ... Residential $475/DU + 0.34/,f $475/DU + 0.34/,f $475/DU + 0.34/,f $475/DU + 0.34/,f '- . Commercial $ S,09l/acre $ S.091/acre $ 5,091/a= $ 5;091/acre . Undeveloped $ lO,376/acre $ 3,186.38/acre :5 10,376/acre $ 10,376/acre Estimated Revenue Improvement Area A: See Entire District Below Improvement Area B:. Residential $475/DU + 0.321sf $O.OO/DU + O.OO/sf $475/DU + 0.321sf $475/DU +.0.321,f . Commercial $ 2,263/acre $ O.OO/acre $ 2,263/acre $ 2,263/acre Undeveloped $ 4,578/acre $ O.OO/acre $ 4,578/acre $ 4,578/acre Estimated Revenue Improvement Area B: See Entire District Below Estimated Revenue Entire District: $1,285,219.80 CFD 2001-1 is divided by SR-125 into two separate improvement areas, Improvement Area A (east of SR-125) and Improvement Area B (west of SR-125) and finances various public facilities serving the San Miguel Ranch development such as Mount Miguel Road (East/West), Proctor Valley Road (EastlWest), Calle La Marina, paseo Vera Cruz, Calle La Quinta and certain SR-125 interim transportation facilities. For CFD 2001-1 Improvement Area A, administrative costs for fiscal year 2005-06 are projected to be $75,000.00 (as given in the bond indenture) and scheduled debt service on the Improvement Area A bonds is $999,571 No building pennits or bonds have been issued for Improvement Area B, as such, there is no levy requirement for fiscal year 2005-06. 2-16 ResolutIon No 2005-252 Page 13 EXHIBIT J Community Facilities District No. 2001-2 (McMillin Gtay Ranch, Village 6 - Bond Issue) Land lise Maximum Actual MaximllID Projected Estimated Category Rate Rate Rate Rate Revenue Residential S440IDU + 0.34/sf S440IDU + 0.34/,f S440IDU + 0.34/,f S440IDU + 0.34/sf Non- $ 11,365/acre $ 11,365/acre $ 11 ,365/acre $ 11,365/acre residential Undeveloped $ 1l,365/acre $ 8,158.05/acre $ 11,365/acre $ 1l,365/acre Estimated Revenue: $725,754.00 CFD 2001-2 is located within Otay Ranch Village Six and finances the backbone streets and associated improvements (i.e. grading, sewer, streets, landscaping, utilities, etc, public facilities improvements and interim transportation facilities. The main facilities include Olympic Parkway, La Media Road, Birch Parkway, La Media Bridge, east Olympic Parkway Bridge and a Neighborhood Park. For CFD 2001-2, administration costs for fiscal year 2005-06 are projected to be $75,000.00 (as given in the bond indenture) and scheduled debt service on the bonds is $708,725 2-17 Resolution No. 2005-252 EXHIBIT K Page 14 Community Facilities District No. 07-M (EastLake III - Woods, Vistas, and Land Swap - Open Space Maintenance) Land Use Category Maximum Rate Actual Rate Maximum Rate Projected Rate Estimated Revenue Improvement Area 1: Residential $ o 1154/sf $ o 1154/sf $ O. 11 'l6/sf $ 0.1196/sf . Multi-family $ 0.1154/sf $ 0.1154/sf $ o 1196/sf $ 0.1196/sf Non-residential $ 1,506. 17/acre $1,506.17/acre $ 1,561.19/acre ISl,561.19/acre Final Map .. $ 1,506.17/acre $1,506.l7/acre $ 1,561 19/acre SI,561.19/acre Other taxable $ 1,506.17/acre $ 194.82/acre $ 1,561 19/acre $1,561 19/acre Property Assoc. $ 1,506.17/acre S O.OO/acre $ 1,561.19/acre $1,561.19/acre Property . Estimated Revenne Area 1: $704,132.03 Improvement Area 2: Residential $ 0.0755/sf $ 0.0755/sf $ 0.0782/sf $ 0.0782/sf Multi-family $ 0.0755/sf $ 0.0755/sf $ O.0782/sf $ 0.0782/sf Non-residential $ 41713/acre $ 417 13/acre $ 432.36/acre $ 432.36/acre Final Map $ 1,13774/acre $1,13774/acre $ I, 179.30/ acre $1,179.30/acre Other taxable $ 1,13774/acre $ 33.45/acre $ 1,179.30/acre $1,179.30/acre Property Assoc. $ 1,13774/acre $ O.OO/acre $ 1,179.30/acre $1,179.30/acre Property Estimated Revenue Area 2: 5110,864.26 Community Facilities District 07 -M funds the perpetual operation and maintenance of slopes, medians, and parkways and storm water treatment facilities associated with Eastlake ill - Woods and Vistas and Land Swap Parcel (south parcel only). The boundaries of the district consists of two improvement areas - Improvement Area No. I (located north and south of Otay Lakes Road with Hunte Parkway forming the east= border north of Otay Lakes Road and Wueste Road fornling the western border south of Otay Lakes Road) and Improvement Area No.2 (Land Swap - generally located north of Olympic Parkway west of the future SR 125 and east of the SDG & E easement). The budgets for fiscal year 2005-06 are estimated to be approximately $438,660 for Improvement Area No.1 and $91,253 for Improvement Area No.2. 2-18 Resolution No. 2005-252 Page IS EXEJBIT L Community Facilities District No. 08~M (McMillin Otay Ranch and Otay Ranch Village 6 - Open Space Maintenance) Land Use Category Projected Rate Estimated Revenue Improvement Area 1: Residential $ 0.3775/sf $ 0.3775/sf $ 0.3912/sf $ O.3912/sf Multi-family $ 0.2782/sf $ 0.2782/sf $ 0.2883/sf $ 0.2883/sf Non-residential $ 2,360.32/acre $ 2,360.32/acre $ 2,446.54/acre $ 2,446.54/acre Final Map $ 6,262. 16/acre $ 6,262. 16/aore $ 6,490.92/acre $ 6,490.921acre Other taxable - $ 6,262. 1 6/aore $ 60.00/aore $ 6,490.92/oore $ 6,490.92/acre residential Other taxable - $ 5,829.64/acre $ 55.86/oore $ 6,042.60/acre $ 6,042:60/acre multi-familv Other taxable - $ 2,360J2/acre $ 6.02/aore $ 2,446.54/acre $ 2,446.54/acre non-residential Property Assoc. $ 6,262. 16/acre $ O.OO/acre $ 6,490.92/acre $ 6,490.92/aore Pro;'~ Estimated Revenue Area 1: $612,111.7<1 Improvement Area 2: Residential $ O.19411sf $ O.1941/sf $ O.2011/sf $ O.2011/sf Multi-family $ O.19411sf : $ O.19411sf $ O.20ll/sf $ O.20ll/sf Non-residential $ 4,OI9.83Iacre $ 4,OI9.83/acre $ 4,1 66.68/oore $ 4,1 66.68/acre Final Map $ 4,0 1 9.83/oore $ 3,215.86/acre $ 4, 1 66.68/acre $ 4,166.68Iacre Other taxable $ 4,019.83/acre $ O.OO/acre $ 4,166.68/acre $ 4,166.68/acre Property Assoc. $ 4,019.83Iacre $ O.OO/acre $ 4,166.68/acre $ 4,166.68/acre Pronertv Estimated Revenue Area 2: $525,891.99 2-19 Resolution 1\0. 2005-252 Page 16 EXBIBIT L Community Facilities District No. 08-M (McMillin Otay Ranch and Oray Ranch Village 6 - Open Space Maintenance) Community Facilities District 08-M finances the perpetual operation and maintenance of slopes, medians, parkways, trails, perimeter walls, perimeter fencing and storm water treatment facilities associated with Village 6, McMillin Otay Ranch and Otay Ranch Company Improv=ent Area No. I is located north of Birch Road, south of Olympic Parkway, west ofSR 125 (a future road), and east of La Media Road. Improvement Area No 2 is generally located in two areas. The first area is located east of La Media Road, north of Birch Road, west of Magdalena Avenue,west of properties located on Trail Wood Drive, and south of Santa Venetia Street. The second area is located south of Olympic Parkway, east of the properties located on Oak. Point Drive, north of Santa Venetia Street, north of Magdalena Avenue, and north of East Palomar Street. 'The budgets for fiscal year 2005-06 are estimated to' be approximately $537,215 for Improvement Area No. 1 and $343,428 for Improvement Area No.2. Turnover of maintenance 1S anticipated in March 2005. - ,. 2-20 Resolution No 21105-252 Page I 7 EXHIBIT M Community Facilities District No. 08-1 (Gray Ranch Village Six) Land Use Category Maximum Actual Maximum Projected Estimated Rate Rate Rate Rate Revenue Residential $ 800IDU + $ 800IDU + S 800IDU + i $ 800IDU $0.35/sf $O.35/sf $O.35/sf + SO.35/sf Non-Residential $ 6,OOO/acre I $ 6,OOO/acre $ 6,00O/acre $ 6.000/acre Zone A - $ 16,858/acre $lO,552/acre S 16,858/acre $16,858/acre Undevelo ed Zone B - $ 26,445/acre $ 16,552/acre $ 26,445/acre $26,445/acre Undevelo d Zone A - Provisional S 16,858/acre $ O.OO/acre $ 16,858/acre $ 16,858/acre Undevelo ed Zone B - Provisional $ 26,445/acre $ O.OO/acre $ 26,445/acre $26,445/acre Undevelo ed Estimated Revenue: 1$1,771,310.12 Co=unity Facilities District 08-1 finances the construction of backbone streets and associated improvements (i.e. grading, sewer, streets, landscaping, utilities, etc), public facilities, DIF improvements and Traffic Enhancement Facilities within Otay Ranch Village Six. This District is divided into Zone A and Zone B. The .administrative costs for CFD 08-1 are projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the bonds is $1,548,869 2-21 Resolution No 2005-252 Page 18 EXHIBIT N Community Facilities District No. Il-M (Rolling Hills Ranch McMillin - Open Space Maintenance) Land Use Category Maximum Rate Actual Rate Maximum Rate Pro j eeted Rate Estimated Revenue Residential N/A N/A $ 329.61/DU $ 329.61/DU Non-residential N/A N/A $671.8l/acre $671.8l1acre Final Map N/A N/A $671. 81/ acre $671.81/acre Other taxable N/A N/A $671.81/acre $67 1.8 l/acre Property Assoc. N/A N/A $671.81/acre $67 L8l1acre Prouertv Estimated Revenue: $149,507.S6 Community Facilities District Il-M finances the perpetual operation, monitoring and maintenance of Multiple Species Conservation Program (MSCP) lots, Tarplant Preserve lots, Johnson Canyon Tarplant Preserve and storm water treatment facilities associated with Rolling Hills Ranch, Sub Area m. 2-22 REsou;nON NO 2005-253 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OlliLA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 2005/2006 WITHIN COMMUNITY FACILITIES DISTRICT 06-1, AND DELEGATING TO THE CITY MANAGER THE AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR EACH DISTRICT WHEREAS, the maximum special tax rates for Community Facilities District No. 06-1. authorized, pursuant to the approved rate and method of apportionment of special taxes for this commumty facilities district to be leVIed for Fiscal Year 2005/2006 are set forth in Exhibit A, attached hereto and incorporated herein by reference as if set forth in full, and WHEREAS, this City Council deSIres to establish the maximwn special tax rates that may be levied in Community Facilities District No. 06-1 in Fiscal Year 2005/2006 at the rates set forth in Exhibit A attached hereto and to delegate to and designate the City Manager as the official to prepare a certified list of all parcels subject to the special tax levy for this community facilities district including the amount of such special tax to be levied on each parcel for Fiscal Year 200512006 as authorized by Government Code Section 53340. NOW, THEREFORE, the City Council of the City of Chula Vista, acting as the legislative body of Community Facilities District 06-1, does hereby resolve as follows: SECTION 1 The foregoing recitals are true and correct. SECTION 2. This City Council does hereby establish the maximum special tax rates that may be levied for Fiscal Year 2005/2006 in Community Facilities District No. 06-1 as the rates set forth in Exhibit A attached hereto. SECTION 3 Pursuant to Government Code 53340, this City Council hereby delegates the authority to and designates the City Manager as the official to prepare and submit a certified list of all parcels subject to the levy of the special tax within the community facilities district to which this resolution applies including the amount of the special tax to be levied on each parcel for Fiscal Year 2005/2006 and to file such list with the auditor of the County of San Diego on or before the required date or such other later date with the prior written consent of such auditor The amount of the special tax to be levied on each such parcel shall be based upon the budget for each such community facilities district as previously approved by this City Council and shall not exceed the maximwn special tax as set forth in Exhibit A hereto applicable to the community facilities district in which such parcel being taxed is located. 2-23 If' I, , Resolution No 2005-253 Page 2 Presen ted by l~~ Sohaib Al-Agha City Engineer z~v- y <\pproved as to form by ,("1'--- ~ Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, tbis 19th day of July, 2005, by the following vote: AYES Councilmembers: NAYS Councilmembers: ABSENT Councilmembers: ABSTAIN Councilmembers: ATTEST -~lG.~~ Susan Bigelow, MMC, City rk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) Castaneda, Davis, Rtndone, and Padilla None None McCann 4i~@j( I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2005-253 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 19th day of July, 2005. Executed this 19th day of July, 2005 ~.L-~~~ Susan Bigelow, M.M:C, City rk 2-24 Resolution No 2005-253 Page 3 EXHIBIT A Community Facilities District No. 06-1 (EastLake Woods, Vistas, and Land Swap - Bond Issue) I Maximum Rate Estimated Revenue Improvement Area A (Zone 1 - Vistas): Residential $ 0.5 8001 sf $ 0.5800/sf $ 0.5800/sf $ 0.5800/sf Commercial $ 6,000.00/acre $ 6,000.00/acre $ 6,000.00/acre $ 6,000.00/.cre Hotel Property $ 6,000.001.cre $ 6,000.001.cre $ 6,000.001.cre $ 6,000.00/acre Undeveloped $ 1I,037.001.cre $ 3,764 72/acre $11,037.00/acre $1,037.001.cre. Improvement Area A (Zone 2 - Woods): Residential $ 0.6700/sf $ 0.6700/sf $ 0.6700/sf $ 0.6700/sf Commercial $ 6,000.00/acre $ 6,000.00/acre $ 6,000.00/acre $ 6,000.00/acre Undeveloped $ 8,332.00/acre $ 2,842.06/acre $ 8,332.00/acre $ 8,332.00/acre Estimated Revenue Improvement Area A (Zones 1 and 2): $4,035,413,61 Improvement Area B (Zone 3 - Land Swap): Residential $ 0.7400/sf $ 0.7400/sf $ 0.74001sf $ 0.7400/sf Commercial I $ 6,000.00/acre $ 6,000.00/acre $ 6,000.00/acre $ 6,000.00/.cre Undeveloped $20,563.001.cre $ 8,571 10/.cre $20,563.001.cre ~20,563.001.cre Improvement Area B (Zone 4 - Land Swap): Residential $ 0.7400/sf I $ o 7400/sf $ 0.7400/sf $ o 7400/sf Commercial $ 6,000.001.cre I $ 6,000.00/acre $ 6,000.001.cre $ 6,000.00/acre Undeveloped $ 6,667.00/acre I $ 2,778.98/acre $ 6,667.00/acre $ 6,667.001.cre Estimated Revenue Improvement Area B (Zones 3 and Zone 4): $1,175,988.27 2-25 REsou:nON NO 2005-254 RESOLUTION Of THE CITY COCNCILOF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY Of MAXIMUM SPECIAL TAXES fOR fISCAL YEAR 2005/2006 WITHIN COM1vlUNITY FACILITIES DlSTRlCTS 07-1 AND 09-M, AND DELEGATING TO THE CITY MANAGER THE AUTHORlTY TO ESTABLISH THE SPECIAL T <\X fOR EACH DISTRlCT WHEREAS, the maximum special tax rates for Community Facilities District Nos. 07-1 and 09-M, authorized pursuant to the approved rate and method of apportionment of special taxes for each respective commumty facilitIes dIstrict to be levied for fiscal Year 2005/2006 are set forth in Exhibits A and B, attached hereto and incorporated herein by reference as if set forth in full; and WHEREAS, this City Council desires to establish the maximum special tax rates that may be levied in Community Facilities District Nos. 07-1 and 09-M in Fiscal Year 2005/2006 at the rates as set forth in Exhibits A and B attached hereto and to delegate to and designate the City Manager as the official to prepare a certified list of all parcels subject to the special tax levy for each community facilities district, including the amount of such special tax to be levied on each parcel for Fiscal Year 2005/2006 as authorized by Government Code Section 53340. NOW, THEREFORE, the City Council of the City ofChula Vista acting as the legislative body of Community Facilities District Nos. 07-1 and 09-M does hereby resolve as follows: SECTION I The foregoing recitals are true and correct. SECTION 2. This City Council does hereby establish the maximum special tax rates that may be levied for Fiscal Year 2005/2006 in Community Facilities District Nos. 07-1 and 09-M as the rates set forth in Exhibits A and B attached hereto. SECTION 3. Pursuant to Government Code 53340, this City Council hereby delegates the authority to and designates the City Manager as the official to prepare and submit a certified list of all parcels subject to the levy of the special tax within the community facilities district to which this resolution applies including the amount of the special tax to be levied on each parcel for fiscal Year 2005/2006 and to file such list with the auditor of the County of San Diego on or before the required date or such other later date with the prior written consent of such auditor The amount of the special tax to be levied on each such parcel shall be based upon the budget for each such community facilities district as previously approved by this City Council and shall not exceed the maximum special tax as set forth in Exhibits A and.B attached hereto applicable to the community facilities district in which such parcel being taxed is located. 2-26 fc ResolutIon;-';o 2005-254 Page 2 Presented by ~<?~~ Sohaib AkA..gha City Engmeer yg,~ Approved as to form by G-.-. ~~ Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 19th day of July, 2005, by the following vote" A YES Councilmembers: NA YS. Councilmembers: ABSENT Councilmembers: ABSTAIN Mayor: ATTEST ~ a....Lr:;;;;;:~ cJ.r1. ./ Susan Bigelow, M)VfC, City lerk STATE OF CALIFORNL.\ ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) Castaneda, Davis, McCann, and Rindone None None Padilla ~d~l!?~, I, Susan Bigelow, City Clerk of ChuIa Vista, California, do hereby certitY that the foregoing Resolution No. 2005-254 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 19th day of ~u]y,2005 . Executed this 19th day of July, 2005. - 1-0... ~~I~~~ Susan Bigelow, MMC, City Cler 2....27 Resolution No 2.005-2.54 Page 3 EXHIBIT A Community Facilities Distri;;t No. 07-1 "Otay Ranch - Village Eleven - Bond Issue) Land Use Density I Maximnm I Maximum Projected I Estimated Cate 0 Rate I Actnal Rate Rate Rate Revenue Residential o to 8 $ 1.67SiDU I $ 1,67SiDU $ 1,675iDU $1,67SiDU I Residential >8 to :> 1,340iDU $ 1,340iDU $ 1,340iDU $1,340iDU 20 Residential >20 $ 1,00SiDU $ 1,00SiDU :> 1,005iDU $I,DOS/DU Non-Residential N/A $ 6,000/ac $ 6,0001ac $ 6,000/ac $ 6,000/ac $ 13,955Iac $ 13,955/ac $ 13,955/ac $ 13,955/ac $ 24,218/ac $ 24,2181ac $ 24,218/ac $24,218/ao $ 13,9551ac $ 5,860/ac $ 13,955/ac $13,955/ao $ 24,2181ac $ 10,170/ac $ 24,2181oc $24,218/ac $ 13,955/ao $ O.OO/ao $ 13,955/ac $13,955/ao $ 24,218/ac $ O.OO/ac $ 24,218/ac $24,218/.c Estimated Revenue: $5,219,054.39 2-28 EXHIBITB Resolution No. 2005-254 Page 4 Community Facilities District No. 09-M (Otay Ranch Village 11 - Brookfield Shea) Developed: Residential Oto 8 $ 48787/DU $A87.87/DU $ 505.69/DU $ 505.69/DU Residential >8 to $ 390.:?9/DU $ 390.:?9IDU $ 404.54/DU $ 404.54/DU 20 Residential Greater $ 292.71IDU $ 292.71IDU f$ 303 40/DU $ 303 40/DU than 20 Non-Residential N/A $1,87341/ac $1,873.4l/ac $ 1,941. 84/ac $1 ,94 L84/ac Undeveloped: $1,87341/ac $1,873.41/.c l,941.84/.c $1,941.84/.c $1.87341/ac $1.87341/.c l,941.84/ac $1;941.84/.c $1,873.41/.c $ O.OO/ac 1,941.84/ac $I,941.84/ac Estimated Revenue: $755,365.26 2-29 ATTACHMENT 2 Community Facilities District No. 97-1 (Otay Ranch Open Space iV/aintenance District) Land Use Category Maximnm Rate Actual Rate Maximum Rate Projected Rate Estimated Revenue Special Tax Area A: Residential $ o 1013/sf $ 0.0610/sf $ o 1050/sf $ o 1050/sf Non-residential $ 1,372.87/acre $ 827 70/acre $ 1,423 19/acre $ 1,423 19/acre Vacant $ 1,553.04/acre $ O.OO/acre $ 1,60997/acre $ 1,609.97/acre Estimated Revenue Special Tax Area A: $1,061,847.85 Special Tax Area B: Residential $ 0.2374/sf $ o 1513/sf $ 0.2461/sf $ 0.2461/sf Non-residential $ 3,048.44/acre $ 1943.38/acre $ 3,160 17/acre $ 3,160 17/acre Vacant $ 3,447.21/acre $ 0.00/ acre $ 3,573.56/acre $ 3,573.56/acre Estimated Revenue Special Tax Area B: $1,832,379.63 CFD 97-1, finances open space maintenance for Otay Ranch SPA One Villages One and Five, and consists of two Special Tax Areas. Area A covers the entIre dIStrict and includes maintenance of parkways, medians and regional trails along Telegraph Canyon Road, Ot~y Lakes Road, Paseo Ranchero, La Media Road and Olympic Parkway, Telegraph and Poggi Canyon detention basins, channels, and pedestnan bridges. Area B, which excludes the McMillin development, maintains connector trails, slopes and perimeter walls or fences along major streets in the district. The Fiscal Year 2006/07 budget tor this District totals $837,322 for Area A and $1,233,616 for Area B 2-30 EXHIBIT B Community Facilities District No. 97-3 (Otay Ranch McMillin - Bond Issue) Land Use Category Maximum Actual Maximum Projected Estimated Rate Rate Rate Rate Revenue Residential $ 0.3920/sf $ 0.3691/sf $ 0.3920/sf $ 0.3920/sf Commercial $ 4,000/acre $ 3,76640/ac $ 4,000/acre $ 4,000/acre Community Purpose $ 1,000/ acre $ 941.60/acre $ 1,000/acre $ 1,000/acre Facility Undeveloped $ 7,954/acre $ o OO/acre $ 7,954/acre $ 7,954/acre Property Owner $ 7,954/acre $ o OO/acre $ 7,954/acre $ 7,954/acre Association Pro erty Estimated Revenue: $1,042,122.18 CFD 97 -3 was formed for the purpose of acquiring and financing public facilities Improvements, such as portions of La Media Road and East Palomar Street, in Otay Ranch McMillin SPA One. Fiscal Year 2006/07 administrative costs for CFD 97-3 are set at or less than S75,000 (as given in the bond indenture), and scheduled debt service on the bonds to be paid ITom the fiscal year 2006/071evy is $8:18,848.76. . 2-31 EXHIBIT C Community Facilities District No. 98-1 (Otay Project Interim Open Space Maintenance District) Land Use Maximum Actual Maximum Projected Estimated Category Rate Rate Rate Rate Revenue Taxable $ 123 72/acre $ 6.2 II acre $ 128.25/acre I $ 128.25/acre Pro erty Estimated Revenue: $107,877.47 Community Facilities District No. 98-2 (Otay Project McMillin Interim Open Space Maintenance District) ". . FY 2005/06: S;;ci~T~i{at~~' ". FY 2006/07 Sp~cialT~ Rates .1" FY2006iot" !i;-~ -- i Land Use Maximum Actual Maximum Projected Estimated Category Rate Rate Rate Rate Revenue Taxable $ 5707/acre $ O.OO/acre $ 59 17/acre $ 59 17/acre Pronerty Estimated Revenue: $0.00 CFDs 98-1 and 98-2 were created as interim districts because the areas of Otay Ranch included in these districts were not developed and the density of development was not yet known at the time that these districts were established. These districts were formed to provide a guarantee for the financing ofa portion of the cost of the maintenance of portions of the parkways and medians along Telegraph Canyon Road, Paseo Ranchero, and Olympic Parkway They also include the Telegraph and Poggi Canyon detention basins and channels allocable to the properties within these districts. Both CFD 98-1 and CFD 98-2 will remain in place until a permanent financing plan is established for the maintenance of the facilities, through the formatIOn of new CFDs. As verified by the City's Special District Counsel, properties located within the area of CFD 98- 1 but not included within CFD 99-2 will only be taxed for landscaped areas from the centerline of Olympic Parkway south to the District boundary The Fiscal Year 2006/07 budget for this District totals $110,141 None of the improvements in CFD 98-2 are expected to be turned over to the City in Fiscal Year 2006/07 and therefore no special taxes will be levied within this district in Fiscal Year 2006/07 A portion of CFD 98-2 has been taken over by a new permanent maintenance district, CFD 08~ M, with the remainder of the district still covered by CFD 98-2. 2-32 EXHIBIT D Community Facilities District No. 98-3 (Sunbow 11 Open Space Maintenance District No 35) Land Use Maximnm Actual Maximum Projected Estimated Category Rate Rate Rate Rate Revenue ResIdential $ 417.82/EDU $ 30818/EOU $ 433 14/EDU $ 433 14/EDU Commercial $ 3,646.02/acre $ 2,689.30/acre $ 3,779 .66/acre $ 3,779 66/acre Industrial $ 3,256.79/acre $ 2,402.20/acre $ 3,376.16/ocre $ 3,376. 16/acre Undeveloped $ 2,496.59/acre $ o OO/acre $ 2,588.10/acre .$ 2,588 lO/acre Estimated Revenue: $1,021,247.54 Community Facilities District 98-3 finances open space maintenance in the Sunbow II development. This includes maintenance of street medians, parkways, slopes, drainage channels and basins, and biological monitoring of native and re-vegetated open space. The Fiscal Year 2006/07 budget for this District totals $927,474 ' . I I. 2-33 EXIDBIT E Community Facilities District No. 99-1 (Dtay Ranch SPA !~ Bond Issue) Land Use Category Maximum Rate Actual Rate Maximum Rate Projected Rate Estimated Revenue Zone A (Village 1): : ResidentIal $ 0.28/sf $ 0.24/sf $ o 28/sf $ 0.28/sf CommercIal $ 1,600/acre $ 1,403.68/acre $ 1,600/acre $ 1,600/acre Community Purpose $ 400/acre $ 350.92/acre. $ 400/acre $ 400/acre Facility Estimated Revenue Zone A: See Entire DIstrict Below Zone B (Village 5): Residential $4001DU + 0.29/sf 5350.92IDU+0.25/sf $4001DU + 0.29/sf $4001DU + 0:29/sf Commercial $ 3,717/acre $ 3,260.92/acre $ 3,717/acre $ 3,717/acre Community Purpose $ 929/acre $ 815.01/acre $ 929/acre $ 929/acre Facility Estimated Revenue Zone B: See Entire District Below Zone C (Village 1 West): Residential $4001DU + O.44/sf $350.92IDU+0.38/sf $4001DU + 0.44/sf $4001DU + 0.44/sf Commercial $ 4,266/acre $ 3,742.56/acre $ 4,266/acre $ 4,266/acre Community Purpose $ 1,066/acre $ 935.20/acre $ 1,066/acre $ 1,066/acre Facility Estimated Revenue Zone C: See Entire District Below Entire District: Undeveloped $ 8,864/acre $ 0.001 acre $ 8,864/acre $ 8,864/acre Property Owner $ 8,864/acre $ o OO/acre $ 8,864/acre $ 8,864/acre Association Property Estimated Revenue - Entire District: $3,791,370.38 z'-;j'l EXHIBIT E Community Facilities District No. 99-1 (Otay Ranch SPA I-Bond Issue) CFD 99-1 finances public Improvements m a portIOn of Otay Ranch Village t, Village 5, ;md Village 1 'vvest. The main public facihties included are OlympiC Parkway Phases I and 2, Paseo Ranchero Phase 2, and East Palomar Street. For CFD 99-1, admmlstrative costs of $75,000 (as given m the bond mdenture) and scheduled debt service on the bonds of $2,917,001.26 are anticipated dunng Fiscal Year 2006/07 " " I, 2-35 EXHIBIT F Community Facilities District No. 99-2 (Otay Ranch SPA /, Village / West Open Space Maintenance) Land Use Maximum Rate Actual Maximnm Rate Projected Estimated Category Rate Rate Revenue Residential $ o 4238/sf $ o 0161/sf $ o 4393/sf $ o 4393/sf Undeveloped $ 5,227 08/acre $. o OO/acre $ 5,418.67/acre $5,418.67/acre Estimated Revenue: $1,161,551.97 As verified by the City's Special District Counsel, property owners within the area of CFD 98-1 not included within CFD 99-2 will.only be taxed for landscaped areas from the centerline of Olympic Parkway south to the District boundary CFD 99-2 has taken over the financing of that portion of costs of maintenance allocable to the property within CFD 98-1 from the centerline of Olympic Parkway north to Telegraph Canyon Road. A total budget of $807;722 is projected for Fiscal Year 2006/07 2-36 EXHIBIT G Community Facilities District No. 2000-1 (Sun bow II Villages 5 through IO - Bond Issue) Maximum A etu al Maximum Pro j eeted Estimated' . Land Use Category Rate . Rate Rate Rate Reven ue Residential $ o 4400/sf $ 0.3302/sf $ o 4400/sf $ o 4400/ sf Undeveloped $ 7,851/acre $ o OO/acre $ 7,851/acre $ 7,851/acTe Property Owner $ 7,851/acre <I> o OOlacTe $ 7,851/acre $ 7,851/acre Association Pro erty Estimated Revenne: $667,703.96 CFD 2000-1 finances various public facilities serving the Sunbow II development such as Telegraph Canyon Road, Medical Center Road and East Palomar Street. For CFD 2000-1, admmistrative costs for Fiscal Year 2006/07 are projected to be $50,000 (as gIVen in the bond mdenture) and scheduled debt service on the bonds is $501,926.26 2-37 EXHIBIT H Community Facilities District No. 2001-1 (San Miguel Ranch ~ Bond Issue) Land lise Category Maximum Rate Actual Rate Maximum Rate Projected Rate Estimated Revenue Improvement Area A: Residential $4751DU + O.34/sf $4751DU + O.34/sf $475/DU + O.34/sf $475/DU + O.34/sf Commercial $ 5,091/acre $ 5,091/acre $ 5,091/acre $ 5,091/acre Undeveloped $ 10,376/acre $ 7,008.98/acre $ 10,376/acre $ 10,376/acre Estimated Revenue Improvement Area A: See Entire District Below Improvement Area B: Residential $475/DU + O.82/sf N/A $475/DU + O.82/sf $4751DU + 0.82/sf Commercial $ 4,000/acre N/A $ 4,000/acre $ 4,000/acre Undeveloped $ 10 ,4441 acre N/A $ 10,444/acre $ 10,444/acre (Zone I) Undeveloped $ 4,4441 acre N/A $ 4,444/acre $ 4,444/acre (Zone 2) Estimated Revenne Improvement Area B: See Entire District Below Estimated Revenue Entire District: $4,064,831.28 CFD 2001-1 is divided by SR-125 into two separate improvement areas, Improvement Area A (east of SR-125) and Improvement Area B (west of SR-125) and finances vanous public facilities serving the San Miguel Ranch development such as Mount Miguel Road (East/West), Proctor Valley Road (East/West), Calle La Marina, Paseo Vera Cruz, Calle La Quinta and certain SR-125 interim transportation facilities. For CFD 2001-1 Improvement Area A, administrative costs for Fiscal Year 2006/07 are projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the Improvement Area A bonds is $992,966.26 For CFD 2001-1 Improvement Area B, administrative costs for Fiscal Year 2006/07 are projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the Improvement Area B bonds is $828,067.50 2-38 EXHIBIT 1 Community Facilities District No. 2001-2 (McMillin , Otay Ranch, Village 6 - Bond Issue) Land Use Maximum Actual Maximum Projected Estimated Category Rate Rate Rate Rate Revenue Residential $440/DU + 0.34/5f $ 440/DU + 0.34/5f $4401DU + 0.34/5f $440/DU + 0.34/sf Non- $ 11,365/acre' $ 11,365/acre $ 'll,365/acre $ 11,365/acre residential Undeveloped $ 11,365/acre $ 10,825 16/acre $ 11,365/acre $ Il,365/acre Estimated Revenue: $865,486.91 CFD 2001-2 is located within Otay Ranch Village Six and finances the backbone streets and associated improvements (i.e. grading, sewer, streets, landscaping, utilities, etc, public facilities improvements and mterim transportation facilities. The main facilities include Olympic Parkway, La Media Road; Birch Parkway, La MedIa Bridge, east OlympIC Parkway Bridge and a Neighborhood Park. For CFD 2001-2, administration costs for Fiscal Year 2006/07 are projected to be $75,000 (as given in the bord indenture) and scheduled debt service on,the bonds is $708,865 ' . " 2-39 EX.HIBIT J Community Facilities District No. 08-M (McMillin Otay Ranch arid Otay Ranch Village 6 - Open Space Maintenance) Land Use Category Maximum Rate A ctu al Rate Maximnm Rate Projected Rate Estimated Revenue Improvement Area 1: Residential $ 0.3912/sf $ o 1659/sf $ o 4056/sf $ o 4056/sf Multi-family $ 0.2883/sf $ o 1222/sf $ 0.2989/sf $ 0.2989/sf Non-residential $ 2,446.54/acre $ 1,037.57/acre $ 2,536.22/acre $ 2,536.22/acre Final Map $ 6,490.92/acre $ 0.00/ acre $ 6,728.84/acre $ 6,728.84/acre Other taxable- $ 6,490.92/acre $ O.OO/acre $ 6,728.84/acre $ 6,728.84/acre residential Other taxable- $ 6,042.60/acre $ O.OO/acre $ 6,264 09/acre $ 6,264.09/acre multi-family Other taxable- $ 2,446.54/acre $ O.OO/acre $ 2,536.22/acre $ 2,536.22/acre non-residential Property Assoc. $ 6,490.92/acre $ 0.00/ acre $ 6,728.84/acre $ 6,728.84/acre Pronerty Estimated Revenue Area 1: $621,862.14 Improvement Area 2: Residential $ 0.20lllsf $ 0.0593/sf $ 0.2085/sf $ 0.2085/sf Multi-family $ 0.2011/sf $ 0.0593/sf $ 0.2085/sf $ 0.2085/sf Non-residential $ 4,166.68/acre $ 1,230 42/acre $ 4,319 40/acre . $ 4,31940/acre Final Map $ 4,166.68/acre $ O.OO/acre $ 4,31940/acre $ 4,319 40/acre Other taxable $ 4,166.68/acre $ O.OO/acre $ 4,31940/acre $ 4,319 40/acre Property Assoc. $ 4,166.68/acre $ O.OO/acre $ 4,31940/acre $ 4,319 40/acre Pronerty Estimated Revenue Area 2: $407,311.09 2-40 EXHIBIT J Community Facilities District No. 08-M (McMillin Otay Ranch and Otay Ranch Village 6 - Open Space Maintenance) Community Facilities DlstriCt 08M finances the perpetual operation and maintenance of slopes, medians, parkways, trails, perimeter walls, perimeter fencmg and storm water treatment facihtles associated with Village 6, McMillin Otay Ranch and Otay Ranch Company Improvement Area No 1 is located north of Birch Road, south of Olympic Parkway, west of SR 125 (a future road), and east of La Media Road. Improvement Area No 2 is generally located in two areas. The first area is located east of La Medla Road, north of Birch Road, west of Magdalena Avenue, west of properties located on Trail Wood Drive, and south of Santa Venetia Street. The second area is located south of Olympic Parkway, east of the properties located on Oak Point Drive, north of Santa Venetia Street, north of Magdalena Avenue, and north of East Palomar Street. The budgets for Fiscal Year 2006/07 are estimated to be approxlmately $559,229 for Improvement Area No 1 and $363,290 for Improvement Area No 2. 2-41 EXHIBIT K Community Facilities District No. 08-1 (Otay Ranch Village SIX) Land Use Maximum Actual Maximum Projected Estimated Category Rate Rate Rate Rate Revenue Reslden tlal $ SOO/DU + $ SOO/DU + $ SOOIDU + $ SOOIDU + :50.35/sf $0.35/sf $0.35/sf $0.35/sf Non-ResIdential $ 6,000/acre $ 6,000/acre $ 6,000/acre :5 6,000/acre Zone A - $ 16,S5S/acre $13,52I.S6/acre $ 16,S5S/acre $16,S5S/acre Undevelo ed Zone B - $ 26,445/acre $21,211.53/acre $ 26,445/acre $26,445/acre Undevelo ed Zone A - Provisional $ 16,S5S/acre $ O.OO/acre $ 16,S5S/acre $16,S5S/acre Undeveloped Zone B - Provisional $ 26,445/acre $ 0.00/ acre $ 26,445/acre $26,445/acre Undevelo ed Estimated Revenue: $1,898,168.95 . Community Facilities District 081 finances the construction of backbone streets and associated improvements (i.e. grading, sewer, streets, landscaping, utilities, etc), public facilities, DIF improvements and Traffic Enhancement Facilities within Otay Ranch Village Six. This District is divided into Zone A and Zone B The administrative costs for Fiscal Year 2006/07 are projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the bonds is $1,549,36876. 2-42 EXHIBIT L Community Facilities District No. J I-M (Rolling Hills Ranch McMillin - Open Space Maintenance) Land Use Category Maximum Rate Actnal Rate .Maximum Rate Projected Rate Estimated Revenue ResidentIal $ 329611DU $ 329.61/DU $ 341 69/DU $ 341.69/DU Non-residential $ 671-811acre $ 671-811acre $696.44/acre $696.44/acre Final Map $ 67\.811acre $ 101.91/ao1'e $696 44/~cre $696.44/acre , Other taxable $ . 671-81/acre $ . O.OO/acre $696.44/acre $696.44/acre Property Assoc. $ 671-811acre $ O.OO/acre $696.44/acre $696.44/acre Property Estimated Revenue: $175,804.64 '. Community FacilitIes District 11M finances the perpetual operation, monitonng and maintenance of Multiple Species Conservation Program (MSCP) lots, Tarplant Preserve lots, Johnson Canyon Tarplant Preserve and storm water treatment facilities associated with Rolling Hills Ranch, S,ub Area III, A total budget' of $68,034 is projected for Fiscal Year 2006/07 2-43 EXHIBIT lYl Community Facilities District No. 12-1 (McMillm Otay Ranch Village Seven) Land Use Category Maximum Actual Maximum Projected Estimated Rate Rate Rate Rate Revenue Residential N/A N/A $ 890IDU + $ 890IDU $0 79/sf + $0 79/sf Non-Residential N/A N/A $ 6,000/acre $ 6,000/acre Zone A - N/A N/A $ 24,383/acre $ 24,383/acre Undevelo ed Zone B - N/A N/A $ 41,621/acre $ 41,6211acre Undevelo ed Zone A- N/A N/A $ 24,383/acre $ 24,383/acre Contingent Taxable Zone B - N/A N/A $ 41,6211acre $ 41,621/acre Contingent Taxable Estimated Revenue: $2,513,277.93 C:ommumty Facilities District 121 finances the construction of backbone streets and assocIated improvements (i.e. grading, sewer, streets, landscaping, utilities, etc), public facihties, and DIF improvements within Otay Ranch Village Seven. This District is divided into Zone A and Zone B The adrhimstrative costs for Fiscal Year 2006/07 are projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the bonds is $1,491,331.26. 2-44 EXHIBIT N Community Facilities District No. 13-1 (Otay Ranch Village Seven) Land Use Category Maximum Actual Maximum Projected Estimated Rate Rate Rate Rate Revenue ResIdential N/A N/A $ 2,750/DU I $ 2,750/DU + $0 45/sf + $0 45/sf Non-ResIdential N/A N/A $ 6,000/acre $ 6,000/acre Zone A - N/A N/A $ 59,505/acre $ 59,505/acre Undevelo ed Zone B - N/A N/A $ 37,8 1 8/acre $ 37,8 1 8/acre Undevelo ed Zone A - N/A N/A $ 59,505/acre $ 59,505/acre Contingent Taxable , Zone B - N/A N/A $ 37,8l8/acre $ 37,8 1 8/acre Contingent Taxable Estimated Revenue: $1,652,650.50 COllllIlunity FacilitIes District 131 finances the constructIOn of backbone streets and associated improvements (i.e. grading; sewer, streets, landscaping, utilities, etc), public facilities, and DIF improvements within Otay Ranch Village Seven. This District is divided into Zone A and Zone B. The administrative costs for Fiscal Year 2006/07 are projected to be $75,OOO.(as given in the bond indenture) and scheduled debt servIce on the bonds is $1, 111,216.26.' 2-45 EXHIBIT 0 Community Facilities District No. 12-M (McMillm Gtay Ranch and Gtay Ranch Village 7 - Open Space Mamtenance) Land Use Category Developed: Improvement Area I - N/A N/A $ O.393/sf $ O.393/sf Resldenl1a] Improvement Area I - N/A N/A $ 7,728 42/ac $ 7,728 42/ac Non-Residential Improvement Area 2 ~ N/A N/A $ O.537/sf :5 O.537/sf Residential Improvement Area 2 - N/A . N/A $8,649 72/ac $ 8,649 72/ac Non-Residential Undeveloped: Improvement Area I - N/A N/A $ 7,728.42/ac $ 7,728.42/ac Final Map Improvement Area 1 - N/A N/A $ 7,728.42/ac $ 7,728.42/ac 'Other Taxable Property Improvement Area I - Taxable Property Owner N/A N/A $ 7,728.42/ac :5 7,728.42/ac Assoc. Property Improvement Area 2 - N/A N/A :5 8,649 72/ac $ 8,649 72/ac Final Map Improvement Area 2 - N/A N/A $ 8,649 72/ac $ 8,649 72/ac Other Taxable Property Improvement Area 2 - Taxable Property Owner N/A N/A $ 8,649 72/ac $ 8,649 72/ac Assoc. Property Estimated Revenue: $1,022,980.27 Community Facilities District 12-M provides for the public services of landscaping and storm water quality improvements associated with McMillin Otay Ranch and Otay Village 7 Improvement Area 1 generally lies south of Birch Road, East of Magdalena Avenue, and west of the SR 125 Improvement Area 2 is generally located east of La Media Road, south of Birch Road, and west of Magdalena Avenue. The budgets for Fiscal Year 2006/07 are estimated to be approximately $536,926 for Improvement Area No.1 and $456,369 for Improvement Area No. 2. 2-46 ';;00:. 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" " :; il ~ . :; , . 0 0 > . . 0 " G , . ~ ~ . . . ~ . ~ . . . < u . 8 ,., ... 'i '" c. ~ a ::> "- c. c. '" u '" ~ "' Ul '" 0 ~ 88 _"'ci do ~ i!j0l: _ ~ "'--' d. do '''''':3''' ~~ , ~ ...0.. ;:; g .< *~ -'" ~ r o ......, ij (1j ,l ....... 3 ~ i~ (1j i,! q ;~ ~H~ .- ] ~" C ~g4! ~UU o i 8 " o . . ~ RESOLUTION NO. 2006 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TA.XES FOR FISCAL YEAR 2006/07 WITHIN COMMUNITY FACILITIES DISTRICTS 97-1, 97- 3,98-1,98-2,98-3,99-1,99-2,2000-1,2001-1,2001-2, 08-M, 08- I, ll-M, 12-1, 13-1, AND 12-M; AND DELEGATING TO THE 'CITY MANAGER THE AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR EACH DISTRICT. WHEREAS, the maximum Special Tax rates for Community Facilities Districts 97-1, 97- 3,98-1,98-2,98-3,99-1,99-2,2000-1,2001-1,2001-2, 08-M, 08-1, 11-M, 12-1, 13-1, and 12-M which are authorized pursuant to the approved rate and method of apportionment of special taxes for each respective community facilities districts to be levied for Fiscal Year 2006/07 are set forth in Exhibits A through 0, attached to and incorporated into this Resolution by this reference as if set forth in full, and WHEREAS, this City Council desires to establish the maximum Special Tax rate that may be levied in Community Facilities Districts 97-1, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1,2001-2, 08-M, 08-1, Il-M, 12-1, 13-1, and 12-M in Fiscal Year 2006/07 at the rates as set forth in the attached Exhibits A through 0 and to delegate to and designate the City Manager as the official to prepare a certified list of all parcels subject to the Special Tax levy for each community facilities district including the amount of such Special Tax to be levied on each parcel for Fiscal Year 2006/07 as authorized by Government Code Section 53340; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista acting as the legislative body of Community Facilities Districts 97-1, 97-3, 98-1, 98-2, 98-3, 99- I, 99-2,2000-1,2001-1, 2001-2, 08-M, 08-1, 11-M, 12-1, 13-1, and 12-M respectively, as follows: SECTION 1 The foregoing recitals are true and correct. SECTION 2. This City Council establishes the maximum Special Tax rates that may be levied for Fiscal Year 2006/07 in Community Facilities Districts 97-1, 97-3, 98-1, 98-2, 98-3, 99-1,99-2,2000-1,2001-1,2001-2, 08-M, 08-1, II-M, 12-1, 13-1, and 12-M as the rates set forth in the attached Exhibits A through 0 SECTION 3 Pursuant to Government Code 53340, this City Council delegates the authority to and designates the City Manager as the official to prepare and submit a certified list of all parcels subject to the levy of the Special Tax within the community facilities districts to which this Resolution applies, including the amount of the Special T~'{ to be levied on each parcel for Fiscal Year 2006/07, and to file such list with the-auditor of the County of Slm Diego on or before the required date or such 'other later date with the prior written consent of the auditor The amount of the Special T~'{ to be levied on each parcel shall be based upon the budget for each community facilities district as previously approved by this City Council and ,shall not exceed the maximum Special Tax as set forth in the attached Exhibits A through 0 2-65 Presented by Leah Browder Acting Director of Engineering 2-66 Approved as to form by " 1 L . .leI ~ ~~ /{.. ~ Ann Moore City Attorney "- COUNCIL AGENDA STATEMENT , -../', Item '-------- Meeting Date 7/25/06 ITEM TITLE: Resolution Authonzmg the levy of maximum special taxes for Fiscal. Year 2006/07 withlll Cominumty Facil1tles DIstricts 06-1 and 07-M and delegating to the City Manager the authority to establish the special tax for these districts. '" ~L-D SUBMITTED BY: Acting Director of Engi~ng j;.,GO REVIE"VED BY: Interim City Manager (II (4/5ths Vote: Yes_Nol) This is one of two companion agenda items to the pnmary Commumty Facilities Districts (CFDs) agenda Item. The pnmary CFD agenda item provides all general background information and details regarding the proposed ma.ximum special taxes for fiscal year 2006/07 This item will authorize the levy of maximum specIal taxes for CFDs 06-1 and 07 -M and also Illcludes informatIon specific to these CFDs. RECOMMENDATION: That Council adopt the resolution. BOARDS/COMMISSIONS: N/A DISCUSSION: CFD 06-1 CFD 06-1 finances the backbone streets and associated improvements (i..e., grading, sewer, streets, l~dscaping, utilities, etc.), public facilities DIF Improvements, and Traffic Erihancement Facilities, The facilities include East Olympic Parkway, West Olympic Parkway, Otay Lakes Road, EastLake Parkway, Hunte Parkway, Proctor Valley Road Telegraph Canyon Road and traffic signals. CFD 06-1 is divided into two separate areas, Improvement Area A and Improvement Area B. Improvement Area A is divided into two zones: Zone I (Vistas) and Zone 2 (Woods). Improvement Area B (the "Land Swap") consists of two non-adjacent areas: I) the northenunost area being a tnangular shape west of EastLake Parkway bound by Otay Lakes Road to the north, and 2) the southernmost area bound to the south by Olympic Parkway with EastLake Parkway projecting north just west of the center of the area. CFD 07-M CFD 07-M finances landscaping improvements (i.e., all landscaping materials and facilities within each Improvement Area including turf, ground cover, shrubs, trees, plants, etc.) and storm water quality improvements (i.e., maintenance of all storm water qualIty improvements within each Improvement Area including maintenance, repair, and replacement of storm drains, catch basin inserts, hydrodynamic devices, etc). CFD 07-M is divided IlltO two separate zones - Improvement Area 1 (Eastlake Woods & Eastlake Vistas) and Improvement Area 2 (Land Swap Parcel). The areas maintained by CFD 07-M 3-1 4 Page 2, Item Meeting Date 7 7/25/06 Improvement Area 1 Include Hunte Parkway (North of Otay Lakes Road), Otay Lakes Road (from Hunte Parkway to Wueste Road), and OlympIC Parkway (From SDG&E Easement to Hunte Parkway) The areas mamtaIned by CFD 07-M Improvement Area 2 include Olymplc Parkway (from SR 125 to SDG&E Easement), Eastlake Parkway (from SDG&E Easement to OlympIC Parkway), and the slopes between SR \25 and the Land Swap Parcel. Eastlake Woods, Vistas and Land Swap East1ake Woods, Vistas, Land Swap (Areas 1,7) Bond Issue for acquisition of public facilities Maintenance district Maximum Rate & Actual Rate The City of Chula Vista makes the distinction between the maximum specIal tax rate and the amount thaUhe City may collect against the special tax rate (i.e., the actual rate) The maxlmum'specIaI.ta" rates for Fiscal Year 2006/07 are proposed at the Fiscal Year 2005/06 'maximum special tax rates, adjusted by an inflation factor as defined in each district's special tax report. The actual rate, on the other hand, IS the amount actually collected from the property owner and is equal to, or lower than, the proposed maxnnum specIal tax rate. The actual rate is based on the budget, the reserve requirement, savings and fund balances, earned mterest, and prior years' savings. Each year, the Council authonzes the levy of speCIal taxes on the maximum authorized special tax rates, and delegates to the City Manager the authority to establish the specific special tax rate applicable to each parcel. Fiscal Year 2006107 Rates Maximum Special Tax Rate The maximum special tax rate and actual special tax rates for CFD 06-1 and CFD 07-M are detailed in' Attachment 1 and accompanied by the district boundary map. According to the Rate and Method of Apportionment for open space mamtenance CFD 07-M, the Maximum Special Tax shaIl be increased each fiscal year after the initial year and by a factor equal to the annual pe.rcentage change in the San Diego Metropolitan Area AIl Urban Consumer Price Index. The CPI iI}crease between the secpnd half of 2004 and the second half of 2005 was approximately 366%. Actual Special Tax Rate The Special Tax Levy Report for maintenance CFD 07-M requires the establishment of a fund reserve for each district of up to 100% of the total annual operating budget in, order to provide. revenue for the first half of the fiscal year before any income is received and to provide for cost overruns and delinquencies. A 50% reserve has been provided in this CFD by including an additional 50% of the Fiscal Year 2006/07 budgets. The reserve should provide sufficient funding through December 31, 2006 Additional reserves may be realized depending on the schedule for accepting new landscaping improvements during,the fiscal year. 3-2 Page 3, Item Meeting Date :; 7/25/06 The Fiscal Year 2006/07 actual special tax rates' are projected at thIs tune due to the large volume of building permit actIvIty wlthm the City ot' Chula Vista and large volume of suhdivlsion actIvIty m the county of San Diego. Staff proposes that the City Manager be authorized to modIfy the projected annual special tax rates based on actual square footage and acreage provided such annual special tax rates do not exceed the maximum authonzed special tax. Since the rates have been rounded, actual revenue may be slight! y dIfferent. The final Special Tax Levy Report w1l1 include a list of all parcel numbers and charges applicable to each parcel. The valId parcel numbers cannot be known for certain until after the special taxes have been submitted to the County for Illclusion on the County property tax bills. The final report will be prepared in August. CONFLICT OF INTEREST: There is a confhct of interest for Council member John McCann because he has property Illterest wlthlll 500 feet ofCFD 06-1 and CFD 07-M. FISCAL IMPACT: For CFD 06-1 Improvement Area A, admlllistration costs for Fiscal Year 2006/07 are projected to be $75,000 (as set forth in the bond indenture) and scheduled debt service on the bonds is $2,835,747 Bonds have been issued for Improvement Area B The administration costs are projected to be $75,000 (as given in the. bond indenture) and scheduled debt service on the bonds for Improvement Area B is $562,487 Projected revenues will be sufficient to cover these amounts. There is no impact to the General Fund. The full cost of providing maintenance services in CFD 07-M totals $565,366. This entIre amount is recovered through the CFDs' special tax assessments and rese~es, resulting in no net impact to the General Fund. Attachment: I FY 2006/07 CFD 06-1 and 07-M Tables 2. District Maps 3-3 ATTACHMENT \. Community Facilities District No. 06-1 (EastLake Woods, Vistas, and Land Swap - Bond Issue) Land Use Category Maximum Rate Actual Rate Maximum Rate Projected Rate Estimated Reveuue Improvement Area A (Zone 1 - Vistas): - Residential $ 0.5800/sf $ 0.5800/sf $ 0.5800/sf 0.5800/sf Commercial $ 6,OOO.00/acre $ 6,000,OO/acre $ 6,000.00/acre $ 6,000 OO/acre Hotel Property $ 6,000.00/ocre $ 6,000.00/acre $ 6,000.00/acre $ 6,000 OO/acre Undeveloped $ 1I,037.00/acre $ 3,272.47/acre $ll,037.00/acre $11,037 OO/acre Improvement Area A (Zone 2 - Woods): Residential $ 0.6700/sf $ o 6700/sf $ 0.6700/sf o 6700/sf Commercial $' 6,000.00/acre $ 6,000,00/acre $ 6,000.00/acre $ 6,000.00/acre Undeveloped $ 8,332.00/acre $ 2,470 43/acre $ 8,332,OO/acre $ 8,332.00/acre. Estimated Revenue Improvement Area A (Zones 1 and 2): $3,998,554.50 Improvement Area B (Zone 3 - Land Swap): Residential $ o 7400/sf $ o 7400/sf $ o 7400/sf o 7400/sf Commercial $ 6,000.00/acre $ 6,000.00/acre $ 6,00000/acre $ 6,000 OO/acre Undeveloped $20,563,OO/acre $15,346.16/acre $20,563,OO/acre $20,563,OO/acre Improvement Area B (Zone 4 - Land Swap): Residential $ O,7400/sf $ o 7400/sf $ o 7400/sf ~ o 7400/sf Commercial $ 6,000,OO/acre $ 6,000.00/acre $ 6,000.00/acre $ 6,000 OO/acre Undeveloped $ 6,6fi7.00/acre $ 4,975.58/aore $ 6,667 OO/acre $ 6,667 OO/acre Estimated Revenue Improvement Area B (Zones 3 and Zone 4): $856,530.39 3-4 E.\.HIBIT B Community Facilities District No. 07-M (EastLake III - Woods. Vistas, and Land Swap Open Space Maintenance) Land Use Category Maximum Rate Actual Rate Maximum Rate Projected Rale Estimated Revenue Improvement Area 1: Residential $ o ll96/sf $ 0.0423/sf $ o 1240/sf $ o 1240/sf Multi-family $ o l196/sf $ 0.0423/sf $ o 1240/sf $ o 1240/sf Non-residential $ 1,561 19/acre $ 529.24/acre $ 1,618.41/acre $1 ,61 8.41/acre Final Map $ 1,561 19/acre $ O.OO/acre $ 1,618.41/acre $1,618.41/acre Other taxable $ 1,561 19/acre $ O.OO/acre $ 1,618.41/acre $1,618.41/acre Property Assoc. $ 1,561 19/acre $ 0.00/ acre $ 1,61841/acre $1618.41/acre Property Estimated Revenue Area 1: . $762,705.26 Improvement Area 2: Residential $ 0.0782/sf $ 0.0091/sf $ 0.0811/sf $ 0.08l1/sf Multi-family $ 0.0782/sf $ 0.0091/sf $ 0.0811/sf $ o 0811/sf Non-residential $ 432.36/acre $ 50.32/acre $ 448.21/acre $ 448.21/acre Final Map $ 1,179.30/acre $ o .OO/acre $ 1,222.53/acre $1,222.53/acre Other taxable. $ 1, 179.30/acre $ O.OO/acre $ 1,222.53/acre $1,222.53/acre Property Assoc. $ 1,179.30/acre $ O.OO/acre $ 1,222.53/acre $1,222.53/acre Property Estimated Revenue Area 2: $92,617.90 3-5 ~ ~ " Q... ~ l'<"\ ~ to.. 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C -c,J'i ~ :J l,:=1I~ , t't) ~Uj~ ~ ~ ~. , \ Ii 7~ ~\ --t~J I to.s......... ,..". 1 ( , '1 ~ C:::J -' t: en (l, ~ ;$ ~ E-< ~ ~IJ / ~ ~( '" 0.. 3-10 RESOLUTION NO. 2006 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 2006/07 WITHIN COMMUNITY FACILITIES DISTRICTS 06-1 and 07-M; AND DELEGATING TO THE CITY MANAGER THE AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR EACH DISTRICT. WHEREAS, the maximum Special Tax rates for Community Facilities Districts 06-1 and 07-M which are authorized pursuant to the approved rate and method of apportiorunent of special taxes for these community facilities districts to be levied for Fiscal Year 2006/07 are set forth in Exhibits A and B, attached to and incorporated into this Resolution by this reference as if set forth in full, and WHEREAS, this City Council desires to establish the maximum Special Tax rates that may be levied in Community Facilities Districts 06-1 and 07-M in Fiscal Year 2006/07 at the rates as set forth in the attached Exhibits A and B and to delegate to and designate the City Manager as the..official to prepare a certified list of all parcels subject to the Special Tax levy for each community facilities district including the amount of such Special Tax to be levied on each parcel for Fiscal Year 2006/07 as authorized by Goverrunent Code Section 53340; NOW, THEREFORE, BE IT RESOLVED by the City COlIDcil of the City ofChula Vista acting as the legislative body of Community Facilities Districts 06-1 and 07-M respectively, as follows: SECTION 1 The foregoing recitals are true and correct. SECTION 2. This City Council establishes the maximum Special Tax rates that may be levied for Fiscal Year 2006/07 in Community Facilities Districts 06-1 and 07-M as the rates set forth in the attached Exhibits A and B. SECTION 3 Pursuant to Government Code 53340, this City Council delegates the authority to and designates the City Manager as the official to prepare and submit a certified list of all parcels subject to the levy of the Special Tax within the community facilities districts to which this Resolution applies, including the amount of the Special Tax to be levied on each parcel for Fiscal Year 2006/07, and to file such list with the auditor of the County of San Diego on or before the required date or such other later date with the prior written consent of the auditor The amount of the Special Tax to be levied on each parcel shall be based upon the budget for each community facilities district as previously approved by this City Council amI shall not exceed the maximum Special Tax as set forth in the attached Exhibits A and B 3-11 Presented by Leah Browder Acting Director of Engineering 3-12 Approved as to form by ~7~ 1 ~ ~ c,l,----","/ --" ..;c;;- Ann Moore City Attorney I _J COUNCIL AGENDA STATEMENT Item Meeting Date 7/25/06 REVIEWED BY: Resolution Authonzmg the levy of maximum special taxes for Fiscal Year 2006/07 within Community Facilities Districts 07-1, 09-M, and 97-2 and delegating to the City Manager the authority to establish the special tax for each DIstrict. ~L" ,\..,,~ l.- 'is Actmg DIrector of~ng7g - '~J Interim <:::ity Manager ;I (4/5ths Vote: Yes_NoL) BOARDS/COMMISSIONS: N/A ITEM TITLE: SUBMITTED BY: This is one of two companion agenda items to the primary Community Facilities D,stricts (CFDs) agenda Item. The pnmary CFD agenda item provides all general background information and details regarding the proposed maximum special taxes for fiscal year 2006/07 The present item authonzes the levy of maximum specIal taxes for CFDs 07-1, 09-M, and 97-2 and also includes mformation specific to these specIfic CFDs. RECOMMENDATION: That Council adopt the resolutIOn. DISCUSSION: CFD 07-1 . ' CFD 07-1 finances the acquisition or construction of certain public facilities (i.e,. grading, landscaping, streets, utilities, drainage, sewer, etc.) serving the Brooktield Shea Ota] project, as well as, selected "Traffic Enhancement" facilities within the greater eastern territories of Chula Vista. The Brookfield Shea Otay project is bounded on the south and east by Hunte Parkway, a <:;urving arterial from south to northeast. OlympIC Parkway forms the northern edge and to the west is the extension of Eastlake Parkway CFD 09-M CFD 09-M finances the perpetual operation and maintenance of slopes, medians, parkways, trails, perimeter walls, perimeter fencing and storm water treatment facilities associated with Village II, Brookfield Shea Otay The Fiscal Year 2006/07 budget is estimated to be $894,386. The CFD Special Tax Levy Report for maintenance 09-M requires the establishment of a fund reserve for each district of up to 100 percent of the total annual operating budget in order to provide revenue for the first half of the fiscal year before any income is received and to provide for cost overruns and delinquencies. A 50% reserve has been provided by including an additional 50% of the fiscal year 2006/07 budget. The reserves should provide sufficient funding through December 31, 2006 Additional 'reserves may be realized depending on the. schedule for accepting new landscaping improvements during the fiscal year. 4-1 Page 2, Item Meeting Date A1 7/25/06 CFD 97-2 CFD 97-2 finances perpetual preserve mamtenance, operatIOn and management, bIOta momtonng, presene security, and preserve improvements, The Fiscal Year 2006/07 budget IS estimated to be $266,719 The CFD SpecIal Tax Levy Report for mamtenance district 97-2 reqUires the establishment of a fund reserve for each distnct of up to 100% of the total annual operatmg budget III order to provide revenue for the first half ofthe fiscal year before any income IS receIved and to prOVIde for cost ovemms and delmquencies, A 50% reserve has been provided by mcludmg an addItional 50% of the fiscal year 2006/07 budget. The reserves should prOVIde suffiCIent f'lmding through December 31, 2006 AddItIonal reserves may be rea!Jzed dependmg on the schedule for accepting new landscaping Improvements during the fiscal year 07-1 Otay Ranch Village 11 09-M Otay Ranch Village 11 97-2 Otay Ranch Preserve Bond Issue for acquisition of public facilities Maintenance district Open Space maintenance Maximum Rate & Actual Rate The City of Chula Vista makes the distinction between the maximum special tax -rate and the amount that the City may collect against the special tax rate (i,e., the actual rate). The maximum special tax rates for Fiscal Year 2006/07 are proposed at the Fiscal Year 2005/06 maximum special tax rates, adjusted by an inflation factor as defined in each district's special tax report. The actual rate, on the other hand, is the amount actually collected from the property owner and is equal to, or lower than, the proposed maximum special tax. The actual rate is based on the budget, the reserve requirement, savings and fund balances, earned interest, and pDor years' savings. Each year, the Council authorizes the levy of special taxes on the maximum authorized special tax rates, and delegates to the City Manager the authority to establish the specific special tax rate applicable to each parcel. Fiscal Year 2006/07 Rates . ' The Fiscal Year 2006/07 actual special tax rates are projected at this time due to the large volume of building permit activity within the City of Chula Vista and large volUme of subdiviSIOn activity in the County of San Diego. Staff proposes that the City Manager be authorized to modify the projected annual special tax rates based on actual square footage and acreage provided such armual special tax rates do not exceed the maximum authorized special tax, Since the rates have been rounded, actual revenue may be slightly different. The final Special Tax Levy Reports will include a list of all parcel numbers and charges applicable to each parcel. The valid'parcel numbers carmot be known for certain until after the special taxes have been submitted tei the County for inclusion 'on the County property tax bills. The final reports will be prepared in August. CONFLICT OF INTEREST: There is a conflict of interest for Mayor Stephen C. Padilla because he has a property interest within 500 feet ofCFD 071, CFD 09M and CFD 97-2. 4-2 Page 3, Item Meeting Date /1 ~ 7/25/06 FISCAL IMPACT: CFD 07.I ([ntrastructure DIstrict) The scheduled debt service for thIs bonded infrastmcture dlstnct 10 FY 2006/07 totals $3,040,461 Projected assessment revenues will be sufficient to cover these amounts wIth no impact to the General Fund. CFD 09.M (Mamtenance Distnct) The full cost of providing mamtenance services in this district totals $894,386 This entire amount is recovered through the CFD's special tax assessments and reserves, resulting in no net impact to the General Fund. CFD 97.2 (Maintenance District) A total budget of $266,7]9 is projected for FY 2006/07 This entIre amount IS recovered through the . CFD's special tax assessments and reserves, resulting m no net Impact to the General Fund. Attachments: I FY 2006/07 CFD 07-1, 09-M, and 97-2 Tables 2. Distnct Maps 4-3 ATIACHMENT \ Community Facilities District No. 07-1 (Otay Ranch - Village Eleven - Bond Issue) Land Use Density Maximum Actual Rate Maximum Projected Estimated Cateoory Rate Rate Rate Revenue Resldential o to 8 $ 1,675/DU $ 1,675/DU $ 1,6751DU $1,675IDU Residential' >8 to $ 1,3401DU $ 1J40IDU $ 1,3401DU $1,340IDU 20 Residential >20 $ 1,0051DU $ 1,0051DU $ 1,0051DU $ 1,0051DU Non-Residential N/A $ 6,000/ae $ 6,000/ae $ 6,000/ae $ 6,000/ae Zone A $ 13,955/ae $ 11 ,564.50/ae $ l3,955/ae $ 13,955/ac A roved Property Zone B - $ 24,218/ae $ 20,069 45/ae $ 24,2l8/ac $ 24,218/ae Approved Property Zone A - Undeveloped $ 13,955/ae $ O.OO/ae $ 13,955/ae $ 13 ,95 5/ae Pro erty Zone B - Undeveloped $ 24,2l8/ae $ o OO/ae $ 24,218/ae $ 24,2l8/ac Pro erty Zone A - Provisional $ l3,955/ae $ O.OO/ae $ 13,955/ae $ 13,955/ae Undevelo ed Zone B - Provisional $ 24,2] 8/ae $ O.OO/ae $ 24,2 1 8/ae $ 24,2 1 8/ac Undeveloped Estimated Revenue: 1$5,302,274.66 4-4 EXHJBIT B Community Facilities District No. 09-M (Otay Ranch Village 11 - Brookfield Shea) Developed: Residential o to 8 :5 505.69/DU :5 505 69/DU :5 524.22.'D U :5 S24.22/DU Residential >8 to $ 404.54/DU $ 404.S4/DU $ 419.37/DU $ 419.37/DU 20 Residential Greater $ 303.40/DU . $ 303 40/DU $ 314.52/DU $ 314.52/DU than 20 Non-Residential N/A $1,941.84/ac $1,941.84/ac $2,013.02iac $2,013 02/ac Undeveloped: Approved Property Undeveloped Property Taxable Property Owner Association Property $1,941.84/ac $1,941.84/ac $2,013.02/ac $2,013 02/ac $1,941.84/ac $1,85717/ac $2,0 13.02/ac $2,013 02/ac $1,941.84/ac $ OOO/ac $2,013.02/ac $2,013.02/ac Estimated Revenue: $891,124.85 4-5 EXHIBIT C Communit) Facilities District No. 97-2 (Olin Ranch Preserve) Laud Use Maximum Actual Maximum Projected Estimated Category Rate Rate Rate Rate '-, Revenue Improvement Area A: Residential $ 0,0152/sf $ 0.003/sf $ 0.0 I 57/sf $ 0.0157/sf Non-residential $ 24661/acre $ 53,58/acre $ 255.65/acre $ 255.65/acre Final Map $ 246 61/acre $ 0.00/ acre $ 255.65/acre $ 255.65/acre Vacant $ 159 IS/acre $ o 00/ acre $ I 64.99/acre $ 164.99/acre Estimated Revenue Improvement Area A: See Area C Below . . Improvement Area B: Vacant $ 61.50/acre $ O.OO/acre $ 63 76/acre $ 63 76/acre Estimated Revenue Improvement Area B: See Area C Below Improvement Area C: Residential $ 0.0156/sf $ 0.003/sf $ 0.0162/sf $ 0.0162/sf Non-residential $ 252.56/acre $ 54.88/acre $ 261.81/acre $ 261.81/acre Final Map $ 252.56/acre $ O.OO/acre $ 261.81/acre $ 261.81/acre Vacant $ 163.00/acre $ O.OO/acre $ 168.97/acre $ I 68.97/acre Estimated Revenue Improvement Areas A and C: $390,982.39 4-6 'I' f'-.. o . o z. f-z u~ -WO ~ -oJ (!) f- W ~ r.f'I ~ z ~<(z)j LL 0 -oJ. u.. <( o :::! 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U ; I.~~ ;1 Iii ~,~~ .' ~i 2~!; ii !... l:~ !: n U~~ ~! ~~ ~~Sl ii~g ~ ~~g~ !I! ii I;I~ ~!~ ~~ ;hi i~~ s! !a~!a d~ ~~ nll;a !a :1 ;~U i~j ~;3 ~.~ g~a ...J" ..,,,, ~o ~~ "'< u.. :--JI "M\)jd 3l1V1LS'f3 :I: U. ",0 iij'" , ,;I! ~ \ 0- 4-15 8" ""14.- I;.~ <1Io"'!. ". ~d_... .z r ....... s (1j . ...... & g II (1j I! .5 i i~ ~] ~! 5 l~~! :;E liU ~ ~ II ~ , . . o i. " RESOLUTION NO. 2006 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 2006/07 WITIllN COMMUNITY FACILITIES DISTRICTS 07-1,09- M, AND 97-2; AND DELEGATING TO THE CITY MANAGER THE AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR EACH DISTRICT. WHEREAS, the maximum Special Tax rates for Community Facilities Districts 07-1, 09- M, and 97-2 which are authorized pursuant to the approved rate and method of apportiorunent of special ta'{es for each respective corrununity facilities district to be levied for Fiscal Year 2006/07 are set forth. in Exhibits A, B, and C, attached to and incorporated into this Resolution by this reference as if set forth in full, and WHEREAS, this City Council desires to establish the ma'{imum Special Tax rates that may be levied in Corrununity Facilities Districts 07-1, 09-M, and 97-2 in Fiscal Year 2006/07 at the rates as set forth in the attached Exhibits A, B, and C and to delegate to and designate the City Manager as the official to prepare a certified list of all parcels subject to the Special Tax levy for each corrununity facilities district including the amount of such Special Tax to be levied on each parcel for Fiscal Year 2006/07 as authorized by Goverrunent Code Section 53340; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista acting as the legislative body of Comrriunity Facilities Districts 07-1, 09-M, and 97-2 respectively, as follows: SECTION I The foregoing recitals are true and correct. SECTION 2. This City Council establishes the maximum Special Tax rates that may be levied for Fiscal Year 2006/07 in Cominunity Facilities Districts 07-1, 09-M, and 97-2 as the rates set forth in the attached Exhibits A, B, and C. SECTION 3 Pursuant to Goverrunent Code 53340, this City Council delegates the authority to and designates the City Manager as the official to prepare and submit a certified list of all parcels subject to the levy of the Special Tax within the community facilities district to which this Resolution applies including the amount of the Special Tax to be levied on each parcel for Fiscal Year 2006/07 and to file such list with the auditor of the County of San Diego on or before the required date or such other later date with the prior written consent of.the auditor. The amount of the Special Ta'{ to be levied on each parcel shall be based upon the budget for each community facilities district as previously approved by this City Council and shall not exceed the maximum Special Ta'{ as set forth in the attached Exhibits A, B, and C. 4-16 Presented by Leah Browder Acting Director of Engineering . . 4-17 Approved as to form by !-!i-<~--",- !l- Ann Moore City Attorney /t. ~ '- ,_"-""'--"'--6----0 ... COUNCIL AGENDA STATEMENT Item: -~ Meeting'Date: 7/25/06 ITEM TITLE: SUBMITTED BY: Resolution of the City Council of the City of Chula Vista approving a l20-day Extension to the Deferral of the portion of the Comprehensive General Plan Update comprised of future Villages 8,9,10/University Area ofOtay Ranch. Director of Planning and BUildin~gv JO<" / ,/, Interim City Manager II (4/ ths Vote: Yes_ No--Kl REVIEWED BY: DISCUSSION: On December 13, 2006, the City Council approved with one exception the City's Comprehensive General Plan Update. The exception was that area which is comprised of Villages.8,9, and 10/University area within Otay Ranch, which was deferred for a period of 120 days. This area was once again defen'ed for 120 days on April I 1,2006 The deferral was intended to provide sufficient time to explore with major owners the feasibility of the potential land use changes with regard to sound planning principles and to evaluate consistency with the goals and objectives of the General Plan Update. Refined potential land use plans, better enable the City to attain its goals of viable university and technology park sites. Staff is working closely with the affected property owners on remaining outstanding issues that need to be resolved in order to develop a refined draft land plan for Planning Commission and City Council review We anticipate being able to resolve these issues within 120 days. Any proposed draft land use planes), generated through this process, would be reviewed by the Planning Commission and City Council at Public Hearings through the General Plan Update/General Development Plan process. RECOMMENDATION: That the City Council adopt the draft resolution extending for an additional 120 days the deferral for the area comprised as Villages 8,9, and I O/University of Otay Ranch. BOARD/COMMISSION RECOMMENDATION: Not applicable. FISCAL IMP ACT: There is no direct fiscal impact from approving this resolution. r\planni.ng\ji.m\COUNGLAGENDA STATEMENT GPU Deferrat.doc 5-1 RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A 120-DAY EXTENSION TO THE DEFERRAL OF THE PORTION OF THE COMPREHENSIVE GENERAL PLAN UPDATE COMPRISED OF FUTURE VILLAGES 8,9,lOfUNIVERSITY AREA OF OT A Y RANCH. WHEREAS, the City Council on December 13, 2005, approved the Comprehensive Update of the General Plan with exception of that area comprised of future Village 8,9, and 10lUniversity (deferral area), which was deferred for 120 days; and, WHEREAS, in order to provide time to explore the feasibility of potential land use changes with regard to sound planning principles, and to evaluate consistency with the goals and objectives of the General Plan Update, consideration of land use designations and certain policies and objectives pertaining to Villages 8,9, and IOlUniversity of the Otay Ranch were on April 10, 2006 deferred for an additional 120 days; and WHEREAS, these efforts to refine the land use plans are still ongoing, and additional time is needed in order to create a refined proposed land use plan fully consistent with the goals of the General Plan Update. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds, determines, and resolves as follows. That the portion of the comprehensive update of the General Plan comprised of future Village 8, 9, 10/University is deferred for an additional 120 days from the effective date of this resolution in order to provide time to explore the feasibility of potential land use changes with regard to sound planning principles, and to evaluate consistency with goals and objects of the General Plan Update. James D Sandoval Director of Planning and Building CA f1!Lt~ 9- Ann Moore City Attorney nplanning\jim\resolution deferral gpu.doc 5-2 COUNCIL AGENDA STATEMENT Item Meeting Date I , LC 7/25/06 ITEM TITLE: Council Ordinance: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD THE POSITIONS OF EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY/CEO OF THE CVRC, CBAG EXECUTIVE DIRECTOR, AND DEVELOPMENT PLANNING AND IMPROVEMENT MANAGER AND TO DELETE THE POSITIONS OF COMMUNITY LIAISON (ASSIGNED TO THE OFFICE OF THE MAYOR AND COUNCIL), BUILDING AND PARK CONSTRUCTION MANAGER, CBAG OPERA TIONSIINTELLlGENCE COORDINATOR, AND DIRECTOR OF EMPLOYEE DEVELOPMENT ~\l SUBMITTED BY: Director of Buxt& AnaIYSim-.~ U '. REVIEWED BY: City Manager ;/J (4/5ths Vote: Yes -X-No_) Chula Vista City Charter section 500 requires that all unclassified positions not mentioned specifically in Charter section 500 be adopted by Ordinance Adoption of the ordinance adds the unclassified position titles of Executive Director of the Redevelopment Agency/CEO of the CVRC, CBAG Executive Director, and Development Planning Improvement Manager to Municipal Code Section 2.05 010 The following positions are being deleted from Municipal Cod~ Section 2.05.010' Community Liaison (Assigned to the Office of the Mayor and Council), Building and Park Construction Manager, CBAG Operations/Intelligence Coordinator, and Director of Employee Development. On June 20, 2006 City Council adopted the fiscal year 2007 budget - with the adoption of the Budget Council also took action to amend the budget to exclude the proposed addition of a Principal Mariageme[lt Assistant/Council Liaison - the amended ordinance no longer includes this position 6-1 Page 2, Item Meeting Date 7/25/06 ~ RECOMMENDATION: That the City Council. . Establish the following new unclassified positions: o Executive Director of the Redevelopment Agency/CEO of the CVRC o CBAG Executive Director o Development Plallning and Improvement Manager . Delete the~following unciassified positions o Community Liaison (Assigned to the Office of the Mayor and Council) o Buifding and Park Construction Manager o CBAG Operations/Intelligence Coordinator o Director of Employee Development. BOARDS & COMMISSION RECOMMENDATION: Not Applicable DISCUSSION The fiscal year 2007 budget included several staffing changes that included reclassifications, transfers, and new positions. As part of these changes four new unclassified positions were recommended - Executive Director of the Redevelopment Agency/CEO of the CVRC, CBAG Executive Director, Development Planning Improvement Manager, and Principal Management Assistant/ Council Liaison At the June 20, 2006 Council meeting, the City Council adopted the fiscal year 2007 budget and excluded the Principal Management Assistant/Council Liaison. Chula Vista City Charter Section 500 requires that all unclassified positions not mentioned specifically in Charter Section 500 be adopted by Ordinance The adoption of the ordinance will add the unclassified position titl'es of Executive Director of the Redevelopment Agency/CEO of the CVRC, CBAG Executive Director, and Development Planning Improvement Manager to Municipal Code Section 2.05 010 The adoption of the ordinance does not create new positions in the budget, these positions were approved via Council's adoption of the fiscal year 2007 budget. The Principal Management Analyst/Councif Liaison has been excluded from the amehded ordinance Per Council direction at the July 18, 2006 Council meeting, the following positions are being deleted from Municipal Code Section 2.05010' Community Liaison (Assigned to the Office 'of the Mayor and Council), Buifding and Park Construction Manager, CBAG Operations/Intelligence Coordinator, and Director 6-2 Page 3, Item G Meeting Date 7/25/06 of Employee Development. These positions are not included in the fiscal year 2007 budget and these titles are not anticipated to be used in the near future It should be noted that the following titles are included in Chula Vista Municipal Code Section 2.05010 but are not included in the fiscal year 2007 budget - Assistant Chief of Police, Deputy City Manager, Deputy Director of Planning, Energy Services Manager, and Traffic Engineer For administrative purposes, these titles will be kept as authorized titles in Chula Vista Municipal Code Section 2.05.010 FISCAL IMPACT: The Executive Director of the Redevelopment Agency/CEO of the CVRC, CBAG Executive Director, and Development Planning Improvement Manager were added to the budget with the adoption of the fiscal year 2007 budget. Tonight's action will amend Section 2.05010 of the Chula Vista Municipal Code as Chula Vista City Charter Section 500 requires that all unclassified pqsitions not mentioned specifically in Charter Section 500 be adopted by Ordinance. Therefore, there is no fiscal impact from this action. 6-3 ORDINANCE NO ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD THE POSITIONS OF EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY/CEO OF THE CVRC, CBAG EXECUTIVE DIRECTOR, AND DEVELOPMENT PLANNING AND IMPROVEMENT . MANAGER AND TO DELETE THE POSITIONS OF COMMUNITY LIAISON (ASSIGNED TO THE OFFICE OF THE MAYOR AND COUNCIL), BUILDING AND PARK CONSTRUCTION MANAGER, CBAG OPERATIONS/lNTELLlGENCECOORDINATOR, AND DIRECTOR OF EMPLOYEE DEVELOPMENT WHEREAS, the Human Resources Department has created new classifications to better reflect the needs of the City's workforce; and WHEREAS, Charter Section 500(a) requires that all new unclassified management level positions be adopted by ordinance and a four-fifths vote of the Council. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION I That Section 2.05010 of the Chula Vista Municipal Code is hereby amended to read as follows: 2.05 010 Unclassified positions established In addition to those unclassified positions specifically delineated in Section 500 of the Charter of the City, there are established the unclassified positions entitled Administrative Services Manager, Advanced Planning Manager, Animal Control Manager, Assistant Chief of Police, Assistant Director of Budget and Analysis, Assistant Director of Building and Housing, Assistant Director of Community Development, Assistant Director of Finance, Assistant Director of Human Resources, Assistant Director of Planning, Assistant Director of Public Works and Operations, Assistant Director of Recreation, Assistant Library Director, Building and Park Construction Man3gor, California Border Alliance Group (CBAG) Deputy Executive Director, CBAG Budget Manager, CBAG Executive Assistant, CBAG Executive Director, CBAG Graphics Designer/Webmaster, CBAG Management Assistant, CBAG Methamphetamine Strike Force Coordinator, CBAG Network Administrator I, CBAG Network Administrator II, CBAG Network Manager, CB^G Oporations/lntolligonco Coordin3tor, CBAG Program Analyst, CBAG Regional Computer Forensic Laboratory Network Engineer, Chief Learning Officer, Chief of Staff, Coastal/Environmental Policy Consultant, Communications Manager, Community Li3ison (,^,csignod to tho Offico of tho M3Yor 3nd City Council), Community Relations Manager, Constituent Services Manager, Cultural Arts & Fund Development Manager, Deputy Building Official, Building Services Manager, Deputy City Manager, Deputy Director of Engineering, Deputy Director of General' Services, Deputy Director of Planning, Deputy Fire Chief, 6-4 Ordinance No. Page 2 Development PlanninG & Improvement ManaGer, Development Planning Manager, Director of Budget and Analysis, Director of Communications, Director of Conservation and Environmental Services, D:roctor of Employoe Development, Energy Services Manager, Executive Director of the Redevelopment AGencv/CEO of the CVRC, Fiscal Operations Manager, Human Resources Operations Manager, Intergovernmental Affairs Coordinator, Office Specialist (Mayor's Office), Parks and Open Space Manager, Police Captain, Purchasing Agent, Real Property Manager, Risk Manager, Senior Council Assistant? Traffic Engineer, Transit Coordinator, Treasury'Manager SECTION II This ordinance shall. take effect and be in full force thirty days from its adoption. Submitted by' Approved as to form by' Edward Van Eenoo , Director of Budget and 'Analysis .~~,,~,\\~c~~C<)v\ Ann Moore City Attorney , , 6-5 COUNCIL AGENDA STATEMENT Item: '1 Meeting Date: 7/25/06 ITEM TITLE: A. PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING CHAPTER 3.50 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO UPDATES IN THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEES (PFDIF) TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA. B. ORDINANCE NO. OF THE CITY OF CHULA VISTA, CALIFORNIA, AMENDING CHAPTER 3.50 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO 'UPDATES IN THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEES (PFDIF) TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA'S GENERAL PLAN BOUNDARY. C. RESOLUTION NO. ADOPTING THE "PUBLIC FACILITIES DIF, MARCH 2006 UPDATE". REVIEWED BY: D. RESOLUTION NO. APPROVING THE TRANSFER OF FUNDS FROM THE CORPORATION YARD COMPONENT OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE (PFD1F) TO THE PROGRAM ADMINISTRATION COMPONENT OF THE PFDIF FOR COSTS ASSOCIATED WITH THE PURCHASE OF A STORM DRAIN COMPLIANCE INSPECTOR VEHICLE. E. RESOLUTION NO. APPROVING THE CLOSURE OF FOUR (4) COMPONENTS OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE (PFDIF) AND TRANSFERRING FUNDS THEREFORE. 0\.1 Director of BUd?d AnalYSi~ City Manager(j I (4/5ths Vote: Yes X No--> SUBMITTED BY: In August of 1989, Council adopted an ordinance establishing a series of 'supplemental' impact fees. After a more comprehensive review of the City's capital needs over the next year, the Public Facilities Development Impact Fee (PFDIF) program was established in January of 1991, via Ordinance 2432. This program enables the City to implement the intent of the Growth Management Oversight Commission (GMOC) program, and to ensure that existing residents do not bear the costs of new development. This program was last comprehensively updated in November of 2002. Tonight Council will consider approval of the 'Public Facilities DIF, March 2006 Update' The public hearing has been duly noticed. RECOMMENDATION: That Council: 7-1 Page 2, Item: Meeting Date: 1 7/25/06 1 Conduct the Public Hearing; 2. Approve the Ordinance amending Chapter 3.50 of the Chula Vista Municipal Code (first reading), to take effect and be in full force on the sixtieth (60th) day from and after its second reading and adoption; 3. Approve the Resolution adopting the report prepared by staff; 4 Approve the Resolution transferring funds from the Corporation Yard component to the Program Administration component; and 5. Approve the Resolution closing the Telecommunication Systems, Geographic Information Systems, Computer, Systems, and Records Management Systems components by: . Transferring funds from the Civic Center component to eliminate the deficit balance of the Geographi.c Information System component; and . Transferring funds from the Civic Center component to eliminate the deficit balance of the Computer Systems component; and . Transferring funds from the Civic Center component to eliminate the deficit balance of the Records Management System component; and . . Transferring $15,404 from the Telecommunication Systems component to the Program Administration component; and . Transferring the remaining fund balance of the' Telecommunication Systems component to the Civic Center component; and . Transferring a future debt service obligation of $15,404 from the Computer Systems component to the Progra[T1 Administration component. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: . This discussion represents a brief recap of more detailed information contained in the attached 'Public Facilities DIF Update, March 2006' report. The purpose of the Public Facilities Development Impact Fee (PFDIF) is mitigation of the cumulative burden on public facilities placed by new development. The pUblic facilities financed by the PFDIF include the following eleven (11) components: 1 Civic Center Expansion 2. Police Facilities and Equipment 3. Corporation Yard Relocation 4 Libraries 5. Fire Suppression System 6 Geographic Information System (GIS) 7 Computer Systems 8. Telecommunications Systems 9 Records Management System 10 Administr?tion 11, M.ajor Recreation, Facilities On November 12, 2002, City Councii approved the "Public Facilities (PFDIF), November'2002 Amendment." This represents the last comprehensive update of the PFDIF program. In June of 2005, Council approved the application of an annual inflationary increase for the PFDIF For those components involving construction of facilities, the annual increase was tied to the Construction Cost Index (CCI) pUblished by the Engineering News Record. For the remaining 7-2 Page 3, Item: Meeting Date. 7/25/06 7 components, the annual inflationary increase was tied to the annual increase in the Consumer Price Index (CPI) for the San Diego Metropolitan Area. The first such annual increase went into effect in October of 2005, increasing the single family fee per dwelling unit to $5,489 Staff has delayed undertaking a comprehensive update in anticipation ofthe City's General Plan Update, completed ,in December of 2005. The current update does not include any new major facilities, but instead focuses on updating the program obligation to account for increased construction and financing costs of previously included projects. In addition, the current update includes increased densities and other land use changes included in the General Plan Update approved by Council on December 13'h, 2005. The next update will address new fadlity needs identified in various Master Plan updates currently in progress as appropriate. The fees, facility phasing schedules, and PFDIF cash reserves detailed in the Public Facilities OIF, March 2006 Update are based on a specific rate of growth which, if lower than projected, will require a reevaluation of those fees, facility phasing, and cash reserves. Public Facilities Development Impact Fee Increase As described above, the City's PFDIF program has not been comprehensively updated since November of 2002. In the ensuing period, a number of factors have led to the increased rates included .in the current update. These factors include increased costs for construction materials and project insurance, increased financing costs; the addition of four minor projects; and a reduction in the number of development units (residential dwelling units and commercial I industrial acres) over which to spread the program's costs. New projects.reflected in this update include studies and minor capital acquisitions. The relative impact of new projects and construction and financi~g cost increases is illustrated in the chart below 2% la Project Costs [] Financing Costs . New Projects The majority of the aforementioned reduction in development units is a direct and unavoidable result of the ongoing development within the City For example, since the November 2002 PFDIF Update, the City has permitted approximately 4.000 single family and 3.000 multi-family units. This factor would have had greater impact on the program's cost, had the General Plan's increased densities and western redevelopment and infill development not been considered in the update These two factors combine to result in a net loss of approximately, 1,500 residential units between the November 2002 report and the cumint report. There is an additional impact to the commercial and industrial rates per acre resulting from a significant reduction in the anticipated development for these two land uses, a~ compared with the November 2002 Update. This reduction brings the development projections in line with the General Plan Update and historic development trends. 7-3 Page 4, Item: Meeting Date: 1 7/25/06 The proposed fees are based upon anticipated future development within the City The projected development for each land use is as follows: Single Family Dwelling Units Multi-Family Dwelling Units Commercial Acres Industrial Acres 4,854 22,467 518.42 881.51 Using these development projections,' the PFDIF fee has been calculated for each land use category The current and proposed fees, as well as the resultant fee increases, is detailed below Single Family Dwelling Unit $ Multi-Family Dwelling Unit $ Commercial Acre $ Industrial Acre $ 5,489 5,109 21,727 4,044 $ 7,891 $ 7,477 $ , 25;181 $ 7,958 $ $ $ $ 2,402 2,368 3,454 3,914 PFDIF fees are calculated individually for each component. The following \able details the component fee for each land use category, Civic Center Expansion $ 2,188 $ 2,073 $ 6,981 $ 2,206 Police Facility $ 1,464 $ 1,581 $ 6,914 $ 1,491 Corporation Yard Relocation $ 393 $ .315 $ 6,684 $ 3,148 Libraries $ 1,258 $ 1,258 $ $ Fire Suppression System $ 1,106 $ 796 $ 2,923 $ 582 Geographic Information Syster $ $ - $ - $ Computer Systems $ - $ - $ - $ Telecommunications $ - $ $ - $ Records Management System $ - $ - $ - $ Recreation Facilities $ $ 955 $ - $ Pro ram Administration $ $ 498 $ 1,679 $ 531 , While the increase per industrial acre remains the highest percent increase, it is worth noting that prior to the November 2002 update, the rate per industrial acre was significantly higher For example, in the 1999 Update, the fee per industrial acre was set at $13,090 This rate was then increased in the March 2002 Update to $20:860' It was only in the November 20"02 Update that the fee per industrial acre was reduced to $3,848. When considered in this light, the .rate per industrial acre currently proposed represents a decrease of 39% from the 1999 rate (a decrease of 6 5% annually); and a reduction of over 62% from the March 2002 rate. , Despite.fee increases approved since 1999, the PFDIF as a percent of the average new single family home sale price has dropped from 89% to .83%. Overall, average .residential impact fees have dropped by over 20%, from 8.4% to 6 7% during the same period. 7-4 Page 5, Item: Meeting Date: 1 7/25/06 Cost Allocation Methodoloqy The allocation of costs in a development impact fee program must be based upon benefit received. The ten project components of the PFDIF program (excluding the Program Administration component) are principally based upon providing infrastructure necessitated by people-related public service to the community, e.g. fire protection, police protection, public works services, etc. Originally, the PFDIF assigned benefit to future development on the basis of land use types. (residential, commercial, and industrial) using population generation factors. The November 2002 update introduced the use of Service Demand Factors in the allocation of costs between land use types. At that time, the factors were largely based upon the FIND (Fiscal Impact of New Development) model and TOW (Transportation Development Impact Fee) factors in effect at that time. The March 2006 report recommends updating the service demand factors usin'g the General Plan Fiscal Impact Model in place of the FIND model; in the calculation of both the Police Facility and Fire Suppression component factors. The FIND model was originally developed for the Otay Ranch annexation only, whereas the General Plan model is a citywide model. In addition, the data used in the General Plan model is more current, making it the more appropriate model for use in the current PFDIF update. The TDIF factors are based on Average Daily Trips, and were updated by Council in June of 2005. These updated trip generation factors were used in the calculation of the Corporation Yard component's factors. Commercial & Industrial Development Service Demand Factors The current update recommends one significant modification to the service demand- factor methodology This change applies only to commercial and industrial development, and is intended to provide a more equitable cost allocation between land uses and increase the degree of coordination and standardization among the City's public facilities and transportation development impact fee programs. . The City's Transportation Development Impact Fee (TO IF) program ~xcludes 'pass-by' trips from the calculation of commercial development fees. As the Corporation Yard component's service demand factors are' based upon the TDIF rates, this exclusion is already in use within the PFDIF program. The proposed modification will apply this same methodc;>iogy to all applicable components. For commercia! and industrial development, "pass-by" trips are now reflected in the. Police, Fire, and Corporation Yard service demand factors. Pass-by trips (also called undiverted linked trips) are trips in which a stop at a commercial or industrial facility is one part of a linked trip to or from home or work. An analysis of commercial trip origins and destinations was performed as part of this update process. This analysis found that approximately 77 percent of commercial trips are generated from- within -the PFDIF boundary area and 23 percent are from outside the area. Similarly, 46 perceht of trips to industrial uses in the City were identified as originated outside. the program boundary This update applies these ratios in the calculation of the service demafid factors for commercial and industrial uses. Excluding these pass-by trips from the calculation of commercial and industrial service demand factors limits the PFDIF obligation for these two land-uses to the mitigation of external customers and employees only These pass-by trips are then used to re- assign the internally generated service demand back to the residential land uses. For new residential development in Chula Vista, all costs associated with mitigating their impact on public services will now be assessed via the residential fee only ]-5 Page 6, Item: Meeting Date: r: ! 7/25/06 Acres versus Square Footage .. In the November 2002 Update, the PFDIF program introduced spreading costs among land use. categories using service demand factors. . This modification was designed to more closely tie fee payers with those receiving services. Such a meth,o.dology is effective if your future development mirrors your current development. ,While this may be true of residential development, it does not hold as true for commercial development. In the future, the City anticipates high-rise and mixed-use development unlike any currently found,in the City As a result, a riew means of dis.tributing.cost within this land use category may be necessary , . The current program assigns a fee based upon the acreage of the project, regardless of the number of stories iricluded in the project. However, it intuitively appears that for two buildings' with the identical footprint, the building with the greater number of stories would generate the higher demand for services. Sufficient data necessary to test this theory is not currently available, and as a result,' staff does not recommend modifying this aspect' of the PFDIF program's methodology at this tif]1e Staff. plans to return to Council with a rate recommendation following the completion of an analysis of service, (jemand for these new commercial development types. Prepavment Funds In the March 2002 PFDIF update, developers were given the opportunity to prepay fees for two components - the Civic Center ExpanSion component. and the Police Facility component. The prepay fee was a reduced rate, calculated by excluding financing costs from the fee calculation. This progr,am "'{as designed, to allow developers to provide project construction funds up front, eliminating the need to secure these funds through long-term borrowing and protecting developers from project cost increases (other than extraordinary circumstances). An audit of the prepayment program was completed in conjunction with the March 2006 Update. This audit ' identified a limited number of implementation issues, all of which will be addressed via the Civic Center Phase III financing. In total the City received $3,817,629 in Civic Center prepayments. These funds will be applied to Civic Center Phase III direct project costs. The use of these funds reduces the financing obligation of the PFDIF program by an estimated $3,464,291 The total financing cost of the project, as well as the PFDIF's obligation thereof, represent estimates only Several factors, including investment earnings on reserve funds, and the speed at which the principal balance is paid off, will determine actual financing costs incurred. In addition to the Civic' Center prepayment funds, the City also received $3,133,805 in Police Facility prepayment funds. The Police ,Facility was completed in 2004, without utilization of prepayment funds. If not addressed, this could result in a shortfall of fees collected,:, as compared with actual financing.costs incurred. in order to bring this component into compliance with the prepayment program, these funds .will also be applied to Civic Center Phase III direct project costs: This use of prepayment funds will reduce the financing cost associated with the facility, bringing the program into compliance with the prepayment agreements. The resultant financing obligation reduction is currently estimated at $2,789,750. As described above, the- actual financing costs may vary from this estimate. .. , Debt Service'ObliQation Of the future program obligation of. $226 3 million. approximately $132.6 million (60.2%) is attributable to debt ser;vice payments, These payments represent the repayment of principal, as well as' finance charges incurred in the long-term borrOWing of project construction funds. The debt service obligations of the PFDIF program are detailed in the following table 7-6. . " , Page 7, Item: Meeting Date: c-/ 7/25/06 2000 COP A - Corporation Yard 2002 COP - Police Facilities 2003 Refunding COP - 800 MHZ 2003 Refunding COP - CAD System 2003 Refunding COP - Fiscal System Adamo Property Acquisition Civic Center - Phase I Civic Center - Phase II Civic Center - Phase //I $ $ $ $ $ $ $ $ $ 14,243,052 46,278,533 10,225 525,507 15.404 408,286 37,920,147 24,972.462 8,229,195 The bonds for the Civic Center Phase 111 project have not yet been sold, and are therefore a projection based upon the most recent bond sale completed - Phase II of the Civic Center Complex Expansion. The PFDIF Program is unable to directly sell bonds in order to generate project funds; therefore the City is the final guarantor of the PFDIF's debt. Should insufficient PFDIF funds be available to meet the debt service obligation, the City's General fund would have to fill any gap. The City is exploring the possible creation of a 'Market Fluctuation Reserve' to set aside funds for unanticipated fluctuations in the housing market and anticipates including the creation of such a reserve fund in the next update of the PFDIF program. Cash Flow Analvses In conjunction with the current PFDIF Update, several cash flow analyses have been prepared. As these models illustrate, the City has good security to cover PFDIF construction and debt service expenditures, should a major downtum occur In the future, close monitoring of these models will be critical in ensuring the ongoing viability of the PFDIF program. Attached are the following cash flow models: . Attachment 2 - PFDIF Program Cash Flow Summary . Attachment 3 - PFDIF Program Expenditure Detail . Attachment 4 - PFDIF Program Cash Flow - Debt Service Obligation Minimum building Permit Activity The first two attachments reflect the program as proposed in the 2006 Update. Attachment 4 was created to identify the minimum number of building permits that must be issued annually in order to meet the City's existing PFDIF debt service obligation. This scenario is discussed in greater detail below Over the last three years (FY 2003 - FY 2005) the City permitted an average of 2,775 residential units annually The development forecast provided by the Planning Department and reflected in the current update is as follows: 7-7 Page 8, Item: Meeting Date: ~ I 7/25/06 Single Family Dwelling Units 4,854 Multi-Family Dwelling Units 22,467 Commercial Acres 518.42 Industrial Acres 881.51 From a cash flow perspective, permits - issued rather than dwelling units constructed is the salient statistic. It is at the time of permits issuance that impact fees are cpllected. As such, these models and all related discussions refer only to permits issued. In the attached cash flow analyses and the discussion below, the model is based upon four time increments. These increments are as follows: . Increment 1 2006 - 201 0 . . Increment 2: 2011 - 2020 . Increment 3: 2021 - 2030 . Increment 4 2031 - Build out Debt Service Obligation Minimum Building Permit Activity Scenario As detailed in Attachment 3, the PFDIF's total debt service is forecasted to total approximately $23.2 million in Increment 1, $52.6 million in Increment 2,and approximately $43 million in Increment 3. From 2031 through build out, ~he remaining debt service will decline to approximately $13.8 milliof']. In all, between 2006 and build out, the PFDIF program will expend over $132.6 million on debt service payments. The cash flow presented in Attachment 4 shows the minimum residential building permit activity necessary to meet the City's existing PFDIF debt service obligation only This analysis, therefore, assumes no staff tim~ or other project expenditures from the program. In the interest of being conservative, no commercial or industrial development has been assumed in this model. It should be noted that no annual residential development is reflected in Increment 1 This is a result of the available cash balance of the PFDI F fund, reducing the program's need by approximately $24 4 million in the first increment. With only $23.2 million in debt service payments during this period, no additional fee revenue is necessary to meet the PFDIF's debt service obligation through 2010 The necessary annual development has been calculated for both single family and multi-family residential uses. As, mentioned previously, no additional development is required in Phase I to meet existing debt service obligations during that phase. lri Increment 2, in order to meet the debt service' obligations of the PFDIF fund, either 650.82 single family units, OR 686.91 multi- family units would have to be permitted annually Most likely, actual development will be some combination thereof In Increments 3 and 4, the permitting of 309 - 575 residential units annually will be necessary to meet the program's debt service obligation. It should be noted that as far back as 1986 (and possibly longer), annual residential growth has exceeded 800 units. Over the last three years, the City has permitted an average of 2,775 residential units. These historic trends suggest that 7-8 Page 9, Item: Meeting Date: 7/25/06 7 residential development in the City will not fall below the levels necessary to meet the PFDIF's debt service obligation. ' PrOQram Modifications In addition to the methodological changes discussed above, this update also includes the closure of the following four (4) program components: . Geographic Imaging System (GIS) Component . Computer Systems Component . Telecommunication Systems Component . Records Management System Component These components are not associated with the construction of large facilities, but are instead responsible for the acquisition of various support systems. These systems have been acquired and are currently in use by the City As a result, this update recommends that no additional projects be created, no additional fees be collected, and subsequently, that all four funds be closed effective July 1, 2006. These closures are discussed in greater detail in the body of the report. In order to finalize this closure, a number of transfers are necessary The required transfers are as follows: . Transfer of $15,404 from the available balance of the Telecommunication Systems Component to the Program Administration Component. . Transfer of funds from the available balance of the Telecommunication and Civic Center components to eliminate the deficit balances of the Geographic Information Systems, Computer Systems, and Records Management Systems components. The final deficit balance of each component to be eliminated will not be known until completion of the City's annual financial audit. Effective July 1, 2006 these funds will be closed to all transactions. Following completion of the final audit, and identification of the final deficit balances, the funds will be closed per the above-described transfers. CorrectinQ Entry On November 19, 2002, the Council approved Resolution 2002-472, amending the budget of the Public Works Department to add two Storm Drain Compliance Inspectors. The same action also appropriated $20,600 from the PFDIF fund for the purchase of an inspection vehicle for this additional staff. Neither the Council Agenda Statement, nor the Resolution, identified the specific PFDIF component the funds were to be appropriated from. As a result, the appropriation was made from the Program Administration component, and the subsequent vehicle purchase totaling $16,023 was debited from this component. The Storm Drain Compliance Inspector is located at the Corporation Yard, and any vehicle purchase for this position should have been processed in the same manner as any other public 'works vehicle purchase, with the Corporation Yard Relocation / Expansion component expending the necessary funds. It is now necessary to transfer $16,023 from the Corporation Yard Relocation / Expansion component of the PFDIF to reimburse the Program Administration component. This transfer is reflected in the current fee calculation. Developer Discussions Staff. met with interested parties on two occasions to discuss the proposed update. A representative from the Building Industry Association (BIA), along with representatives from all major developers in the City attended these meetings. The two primary issues raised were the 7-9 Page 10, Item: Meeting Date: 7 7/25/06 allocation of program costs between residential and commercial/industrial land uses and the use of prepaymentfees. As previously described, both of these issues have been addressed in this update. CONFLICT OF INTEREST REVIEW' There is no conflict of interest associated with this item, as the Public Facilities Development Impact Fee program is a citywide program. FISCAL IMPACT: Facilities included in the PFDIF program total $250.7 million, with a future program need of $2263 million ($~4 4 million in funds on hand). Revenues resulting from this fee.update will' provide the. funds necessary to offset the costs associated with the construction and financing of all PFDIF projects, The following table summarizes the program obligation for each program component: Civic Center ExpanSion $ 80,436,927 $ 17,682,404 $ 62,754,523 Police Facility $ 49,310,428 $ 1,791,219 $ 47,519,209 Corporation Yard Relocation $ 20,145,921 $ 4,923,289 $ 15,222;632 Libraries $ 46,931,982 $ 12,556,119 $ 34,375,863 Fire Suppression System $ 13,899,793 $ (11,392,332) $ 25,292,125 Geographic Information System $ $ $ Computer Systems $ $ '- $ Telecommunications $ $ $ Records Management System $ " $ - ,$ Recreation Facilities $ 26,397,690 $ 305,783 $ 26,091,907 Program Administration $ 13,650,518 $ (1,438,841) $ 15,089,359 Attachments:, 1 Public Facilities DIF, March 2006 Update 2. PFDIF Program Cash Flow Summary 3. 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" " OJ - " 0 "' ;;; [t '0, " .Q 'C .- "' "' - <( <( '" '" OJ " - " Cl.. <ll ct:: Cl w q; !'l: - 7-14 225 I San Diego Ave. Suite A270 San Diego, CA 92110-2926 619.683.2933 fax: 619.683.7982 koasd@katzokitsu.com www.katzokitsu.com Los Angeles 323.260.4703 Fax: 323.260.4705 Tustin 714.573.0317 fax: 714.573.9534 San Bernardino 909.890.9693 fax: 909.890.9694 _Katz,Okitsu. &Associates Planning and Engineering . ATTACHMENT 5 July 19, 2006 A644 I Tiffany Allen City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 SUBJECT: SUMMARY OF CHULA VISTA COMMERCIAL PFDIF ANALYSIS , Dear Ms. Allen: Katz, Okitsu & Associates has prepared this memorandum to assist in the update of the Commercial service demand factor (SDF) for the City's PFDIF (Public Facilities Development Impact Fee) program. The following analysis methodology was employed to isolate commercial trips originating/terminating outside the City limits from commercial trips traveling within the City limits. Commercial trips within the City limits are considered to be Chula Vista residents whom already contribute via their residential fees. Therefore, the City has suggested that only the "outside" commercial trips be applied to the SDF calculations for the PFDIF program. Analysis Methodology' I). Identify predominantly commercial traffic analysis zones (T AZs) within the City of Chula Vista. 2) Commission SANDAG (San Diego Association of Governments) to run a combined select zone model based on the chosen commercial-dominant zones, after removing all non- commercial land uses from each zone. 3) Based on the model output, identify all commercial trips originating / terminating outside the City of Chula Vista limits, 4) Calculate the average commercial trip rate per acre from the model. 5) Calculate the Commercial external SDF based on the percentage of "outside" commercial model trips (as compared to the total numbe~ of commercial trips generated by the model). Katz, Okitsu & Associates worked with the City of Chula Vista Traffic Engineer to identify commercial-dominant T AZs within the City of Chula Vista limits. Eight zones were selected from different parts of the City as to provide a more global representation of commercial activity Collectively, the eight zones contain community commercial, regional commercial and street front commercia! land uses, thereby providing a variety of commercial components and a ~nge of trip generation rates. SANDAGproduced a combined select zone model for all eight commercial-dominant T AZs using the City of Chula Vista's General Plan Update preferred land use alternative for Buildout conditions (Alt58c). All non-commercial land uses were removed so that strictly commercial trips were represented. Average daily traffic volumes from the eight zones were distributed throughout the network. A cordon was identified on the select zone plot to represent the 7-15 Katz, OkitSll & Associates Planning and Engineering ATTACHMENT 5 Ms. Allen July 19, 2006 Page 2 of 2 A644 I City boundary Otay Ranch - University Villages 9 and 10, located in the southeast portion of the City of Chula Vista, are not currently included in the City's PFDIF Program. Therefore, these villages were placed outside of the cordon. As previously described, trips traveling to/from each commercial zone within the City boundary are considered to be Chula Vista residents whom already contribute via residential impact fees. Therefore, the total number of commercial trips originating / terminating outside the cordon was calculated, and then divided over the total number of trips generated by the model (approximately 172,000 dally trips) to equal the "percentage of outside trips" The percentage of outside trips was found to be 23%. In conclusion, the calculated external service demand for commercial development within the City of Chula Vista's PFDIF program area is 23% of the total commercial service demand. . . Sincerely, Katz, Okitsu & Associates J. Arnold Torma, P.E. Principal Engineer SLM Attachments: Attachment A - Commercial External SDF Calculations for City's PFDIF Program " " 7-16 '" u; ;; '" S .c 0 ,S "' " e 0 N C '" e E 0 9 0; '" Q; E E 0 0 .8 "' '0; >- 0; e -< " e 0 N U -< " 0; I- (f) Z CJ w :;;; -< I 0 Z 0 -< -< (f) l- I- e -< 0 "0 " "' '" .c "' e 0 :g S " 0; 0 " '" CC 0; '" Q; E E 0 0 u.. n u.. 0.. '" u; ;; '" S .c 0 0 ~ 6 ~ ~ ~ ~ c ~ " " " c " 0 0 ~ " . a: a: . -ci ~ ~ ~ a: > ~ . 0 0; a; a. ~ ~ " " ~ ~ u ~ ~ 0 . '''- ;; ~ ~ . a: E ;; ~ " " ~ 0; ~ ~' ii5 6 6 " 6 a. 0 ii5 ~ ~ ~ c c ~ ;; ~ z c c 0 0 c . E 0 " " 0 0 " ~ a. 0 ~ ~ j; j; ~ ii5 " " .~ " " . . " - Z a. . . ~ ~ . ~ ~ ~ ~ ~ ~ u ~ ~ ;; ;; :;; c c c 0 a. a. ~ ~ a. " " " ~ ~ ~ ..J 0 . ii5 ii5 . 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"' " o o "' '" "' ;::: ~ ~~ ~ .9-ro <c r=-s ~ iQD u- , 0 ~ -~ EU o 0 u~ ~~ 2 '00 og " '0 IJ) 'w _ E '5 15 :flu <1:" _0 01- i:: g g (t1 0_ 0 E ~ "i- E- " Ul . ;; c E .. - ~ (ij c 0 "a' f- "g .9 td ~ =- ~ Ul 2 a. .~:_g ~ ,u ~ -"'- w ,9- E~ <'ll ";:; "0 I- w~ ~~ o .!!l U u o W ::g E '" E o 0 ou " '" N I ATTACHMENT 5 - ". ~ <( '" . u " N <ci o .9 " o 0" o ,~ ~ ~ .,. N. oi " e o ~ >- ~ ~ '5 "' 'C ,Q 1i o c o "' ~ ;; 'f;: ~ b <( o z <( '" 8 ~ c 'E o g <Ii ~ ~ lll- :s o (tj ~ :s ~ "s- ; gg .,. ~ "N u.<( '" >- " ~ o u o ill w 0 ~ .2 L.O 1.t! '" 0 ~ .s o c ~ 0 · "0 " 0 . ~ " " . ~ U ijl "'E c ~ "o.."w g- . ~ ~ '" ""iii ~ 6 ~ "51 III o ~ rr: E W ~ ~"' ~ '0 ~ . .~ "@ "' ~ "' . N ;; .,. "3 " u N" i'" U 2251 San Diego Ave. Suite A270 San Diego, CA 92110-2926 619.683.2933 fa,,, 619.683.7982 koasd@kaczokitsu.com www.kaczokitsu.com Los Angeles 323.260.4703 Fax: 32].260.4705 Tustin 7 r 4.573.03 r 7 fax: 714.573.9534 San Bernardino 909.890,9693 fax: 909.890.9694 ~Katz, Okitsu & As~;"ociates Planning and Engineering' . . '. ATTACHMENT 6 July 19, 2006 A6441 Tiffany Allen City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 SUBJECT: SUMMARY OF CHULA VISTA INDUSTRIAL PFDIF ANALYSIS Dear Ms. Allen: Katz, Okitsu & Associates has prepared this memorandum to assist in the update of the Industrial service demand factor (SDF) for the City's PFDIF (Public Facilities Development Impact Fee) program. The following analysis methodology was employed to isolate industrial trips originating/terminating outside the City limits from industrial trips traveling within the City limits. Industrial trips within the City limits are considered to be Chula Vista residents whom already contribute via their residential fees. Therefore, the City has suggested that only the "outside" industrial trips be applied to the SDF calculations for the PFDIF program. Analysis Methodology' I) Identify predominantly industrial traffic analysis zones (T AZs) within the City of Chula Vista. 2) Commission SANDAG (San Diego Association of Governments) to run a combined select zone model based on the chosen industrial-dominant zones, after removing all non- industrialland uses from each zone. 3) Based on the model output, identify all industrial trips originating / terminating outside the City of Chula Vista limits. 4) Calculate the average industrial trip rate -per acre from the model. 5) Calculate the Industrial external SDF based on the percentage of "outside" industrial model trips (as compared to the total number of industrial trips generated by the model). Katz, Okitsu & Associates worked with the City of Chula Vista Traffic Engineer to identify industrial-dominant T AZs within the City of Chula Vista limits. Four zones were selected from different parts of the City as to provide a more global representation of industrial activity Collectively, the four zones contain the following industrial land uses: industrial park, light industry and heavy industry, thereby providing a variety of industrial components and a range of trip generation rates. SANDAG produced a combined select zone model for all four industrial-dominant T AZs using the City of Chula Vista's General Plan Update preferred land use alternative for Buildout conditions (Alt58c). All non-industrial land uses were removed so that strictly industrial trips were represented. Average daily traffic volumes from the four zones were distributed throughout the network. A cordon was identified on the select zone plot to represent the City boundary Otay Ranch - University Villages 9 and 10, located in the southeast portion of 7-18 _Katz, Okitsu 8l Associates ~A Planning and Engineerint Ms. Allen July 19. 2006 Page 2 012 A644 I ATTACHMENT 6 the City of Chula Vista. are not currently included in the City's PFDIF Program. Therefore, these villages were placed outside of the cordon. , As previously described, trips traveling to/from each industrial zone within the City boundary are considered to be Chula Vista residents whom already contribute via residential impact fees. Therefore, the total number of industrial trips originating / terminating outside the cordon was calculated, and then divided over the total number of trips generated by the model (approximately 37,000 daily trips) to equal the "percentage of outside trips" The percentage of outside trips was found to be 46%. In conclusion, the calculated external service demand for industrial development within the City of Chula Vista's PFDIF program area is 46% of the total industrial service demand. Sincerely, Katz, Okitsu & Associates ... r Arnold Torma, P.E. 'Principal Engine~r SLM '. Attachments: Attachment A - Industrial External SDF Calculations for City's P~DIF Program 7-19 J'! "' ;; '" :; .<:: U oS "' " e 0 N C '" e E 0 9 <ii }:; "' ::l "0 E .E "' 0';; >. <ii e <l; " e 0 N 13 <i: " OJ f- C1) Z W c;J :;;; <l; I 0 U Z <l; <l; f- C1) f- e <l; 0 "0 " "' '" -" "' e oQ "' :; u <ii U " "' II ~ "' ::l "0 E LL 0 LL a.. '" ~ ;; .!'l ::l .<:: U 0 Z:- (j ~ 0; 0; ~ ~ 0; 0 ~ Iii 0: Iii ~ " c Iii ID ~ ." ~ ~ " c ~ ~ c ~ ." ~ , ~ c " Z ~ 0; ~ ~ 0 6 ~ ID C Iii ~ ~ ;:: ~ c "E c ~ ID "" ~ > ~ U ID E <( > ID 0 ~ 0 ID 3 c " c ..J ID 0 > a. 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AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA, AMENDING CHAPTER 3.50 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO A DEVELOPMENT IMPACT FEE TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA'S GENERAL PLAN AREA BOUNDARY WHEREAS, on January 8th, 1991, the City Council of the City of Chula Vista adopted' Ordinance No. 2432, establishing the Public Facilities Impact Fee (PFDIF or Impact Fee),.and WHEREAS, on June 14th, 2005, the City Council of the City of Chula Vista adopted Ordinance No. 3010, increasing the PFDIF from $5,048 to $5,480 per single family dwelling unit; and WHEREAS, cost estimates for the current 'list of needed public facilities have been updated; and, WHEREAS, PFDIF allocation factors have been recalculated using General Plan Fiscal Impact Model analysis, and WHEREAS, the Impact Fee is solely based upon that portion of the project costs which are attributable to new development; and WHEREAS, the fee increase was developed in conjunction with developers and the Building Industry Association (BIA); and . WHEREAS, development is considered to take place in accordance with the Phasing Plan established by the City's Planning Department, which is subject to change depending on actual development phasing; NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION 1: FindinQs The City Council finds, after consideration of the evidence presented to it including the "Public Facilities Development Impact Fee Update - March 2006", that certain amendments to Chapter 3.50 of the Chula Vista Municipal Code are necessary in order to assure that there are sufficient funds available to finance the public facilities necessary to serve new development within the City of-Chula Vista by the development impact fee, and The City Council finds, based on the evidence presented at the public hearing, and consistent with the City's General Plan, that the imposition of public facility impact fees on all development within the City of Chula Vista for which building permits have not been issued is necessary in order to protect the public health, safety and welfare by providing for the public facilities and services to assure effective implementation of the City's General Plan; and The City Council finds that the amount of the amended fees levied by this ordinance does not exceed the estimated cost of providing the public facilities. 7-21 SECTION 2: That the existing Ordinance Nos. 2432, 2320, 2554, 2810, 2855 and 2886 are hereby superseded, anp Chapter 3.50 of the Chula Vista Municipal Code is amended to read as follows: 3.50.010 General intent. The city's general plan land. use and public facilities elements require that adequate public facilities be available to accommodate increased population created by new development within ,the city of Chula Yista. , The city council has determined that new development will create adverse impacts. on the city's eXisting public facilities which must be mitigated by the financing and construction of certain public facilities which are the subject of this chapter New development contributes to the cumulative burden on these public .facilities in direct relationship to the amount of population generated by the development or the gross acreage of the commercial or industrial land in the development. The city council has determined that a reasonable means of financing the public facilities is to charge a fee on all developments in the city of Chula Vista. Imposition of the public facilities development impact fee on all new development for which building permits have not yet been issued is necessary in order to protect the public safety and welfare, thereby ensuring effective implementation of the city's general plan. (Ord. 2887 S 1, .2002). -, 3.50.020 Definitions. For the purposes of this chapter, the following words or phrases shall be construed as defined in this section, unless from the context it appears that a different meaning is intended: A. "Building permit" means a permit required by and.issued pursuant to the Uniform Build'lng Code, as adopted by reference by this city B "Developer" means the owner or developer of a development. C "Development permit" means any discretionary permit, entitlement or approval for a development project issued under any-zoning or subdivision ordinance of the city o "Development project" or "development" means any activity described as the following: . 1 Any new. residential dwelling unit developed on vacant land; 2. Any new comr,nercialloffice or industrial development constructed on vacant land; 3. A~y expansions to established developments or new developments on nonvacant land in those land use categories listed in subsections (0)(1) and (2) of this section, if the result is a net increase in dwellint) units. The _.fee shall be based solely on this net dwelling unit increase; 4 Any new or expanding special land use project; 5 Any special purpose project developed on vacant land or nonvacant land, or expanded within a pre-existing site, if the result is a net increase in dwelling units. 1;he fee shall be. based solely on this net dwelling unit increase; 6 Any other development project not listed above but described in Section 65927 and 65928 of the State Government Code. . E. "Community purp'ose facility" means a facility which serves one of the following purposes: 7-22 , 1 Social service activities, including such services as Boy Scouts and Girl Scouts, Boys and Girls Club, Alcoholics Anonymous and services for the homeless; 2. Public schools; 3 Private schools; 4 Day care; 5 Senior care and recreation; 6 Worship, spiritual growth and development. F "Special land use" means any nonresidential, non-commercial/office or nonindustrial development project (e g., Olympic Training Center, hospitals, utilities), or non-special purpose project. G. "Special purpose project" means any for-profit community purpose facility (e.g., day care). . H. "Engineer report" refers to the April 20, 1993, "developmel"\t impact fees for public facilities" report. I. "Extraordinary project cost increases" means increases resulting from costs that could not have been reasonably foreseen at the time a project budget was established. J "Extraordinary dwelling unit change" means an increase or decrease in the number of remaining planned residential dwelling units or commercial/industrial' acres for which building permits have riot yet been pulled, which changes the existing total by more than 2,000 dwelling units or 200 commerciallindustrial acres. (Ord. 2887 S 1, 2002). 3.50.030 Public facilities to be financed by the fee. A. The public facilities ("facilities"), which are the subject matter of the fee, include buildiflgs, equipment and related one-time start-up costs or portions thereof, as detailed in subsection (C) of this section and in the engineer report on file in the office of the city clerk. B. The city council may modify or amend this list of facilities by written resolution in order to maintain compliance with the city's general plan or the capital improvement program. C The facilities are as follows: 1 Civic Center expansion; 2. Police department facilities and equipment; 3. Corporation yard relocation/expansion; 4 Library system expansion; 5. Fire suppression system expansion; 6.~ Geographic information system expansion; 7 ~ Computer system expansion, 8.~ Telecommunication system expansion; 9 ~ Records management system expansion; 10 Major recreation facilities (community centers, gymnasiums, swimming pools). (Ord. 2887 S 1, 2002) **Facilitv oraiects are comolete. No future oraiects will be added. 3.50.040 Territory to which fee applicable. 7-23 The area of the city of Chula Vista to which the fee herein established shall be applicable shall be the territorial limits of the city of Chula Vista ("territory"), as they may from time to time be amended. (Ord. 2887 3 1, 2002). 3.50.050 Establishment of fee. A development impact fee ("fee") is hereby established to pay for the facilities within the territory The fee shall be paid upon the issuance of. building permits for each development project within the city of Chula Vista, except that, at the discretion of the city manager, a developer may prepay all or part of civic center expansion fees that would be applicable to the developer's future development projects. Prepayment would occur at the then current rate; however, the developer has sole responsibility for paying subsequent fee increases resulting .from (1) extraordinary project cost increases, or (2) normal annual adjustments in the Consumer Price Index (CPI) or Building Construction Index (BCI), or (3) extraordinary dwelling unit changes. (Ord. 2887 3 1, 2002). 3.50.060 Determination of fees by land use category. For purposes, of this fee, single-family dwelling units shall include single-family detached homes and detached condominiums; multifamily dwelling units shall include attached condominiums, townhouses, duplexes, triplexes, and' apartments. Commercial/office and industrial development projects shall be charged on, a per acre basis. Development impact fees for single-family; multifamily, commercial and industrial land uses shall be based on the demand for service generated by that land use, for each public faCility set forth in CVMC 3.50 030' Service Demand Generated by Land Use Public Facility Single- Family Multifamily Commercial Industrial Dwelling Dwelling Unit Acre Acre Unit Police department ~150 ~747 ~075 W2a028 facilities and equipment Corporation yard J9a125 .~65 .n5228 ~182 relocation/expansion Library system expansion (residential a24178 47e822 000 000 only) Fire suppression system ,~212 J.W707 .200060 GW020 expansion Major recreation facilities a24.178 47e.822 000 000' (residential only) General Government Civic Center expansion ~169 400742 .;w.+058 004031 Googrophic inform:!tion ~ -4G8 ~ .,004 systom oxp:!nsion Computor system ~ -4G8 ~ .,004 oxp:!nsion Telocommunic:!tion ~ -4G8 ~ .,004 I I 7-24 system expansion Records management ~ 400 ~ ,004- systom oxpansion Administration ,*7169 400742 .~058 ro4031 I I I The rate for each special land use development project, as defined in CVMC 3.50020, shall be equivalent to the commercial/office rate per gross acre of iand. The Olympic. Training Center shall be equivalent to the industrial rate per gross acre of land. The rate for each special purpose project, as defined in CVMC 3 50 020, shall be equivalent to one-half the commercial/office rate per gross acre of land. The charges shall be those outlined in CVMC 3.50 090(C) The fee multiplied by the total number of dwelling units or acres within a given development project represents a developer's fair share ("fair share") for that development project. (Ord. 2887 S 1, 2002). 3.50.070 Time to determine amount due. The fee for each development shall be calculated at the time of building permit issuance and shall be the amount as indicated at that time, and not when the tentative map or final map wE!re granted or applied for, or when the building permit plan check was conducted, or when application was made for the building permit, except that a developer of a development project providing low- and/or moderate-income housing in accordance with Section III, Objective 1 of the 1991 housing element of the general plan may request authorization to prepay or defer the fee for up to 500 equivalent. dwelling units (EDUs) and said request may be approved at the sole discretion of the city manager In order to facilitate those low- and/or moderate-income projects which are planned for construction through March 24, 2005, the fee for said projects shall be the fee existing as of March 25, 2002. (Ord. 2887 S 1, 2002). 3.50.080 Purpose and use of fee. The fee collected shall be used by the city for the following purposes, in such order and at such time as determined by the city council: A. To pay for such of the facilities that the city council determines should be constructed, installed or purchased at that time, or to reimburse, the city for facilities funded by the city from other sources. B. To reimburse developers who have been required or permitted by CVMC 350 140(A) to construct, install or purchase approved facilities listed in CVMC 3 50 030(C), in such amounts as the council deems appropriate. C To repay any and all persons who have, pursuant to prior fee Ordinance Nos. 2320 or 2432, or pursuant to this chapter, advanced or otherwise loaned funds for the construction of a facility identified herein. D To repay the city for administration costs associated with administration of the fee. (Ord. 2887 S 1, 2002) 3.50.090 Amount of fee. A. The fee shall be the amounts set forth in subsections (B) and (C) of this section. The fee shall be adjusted, starting on October 1, 2005, and on each October 1 st thereafter, based on the following two indexes: For the Civic Center expansion, libraries, fire suppression arid major recreation facilities: the Engineering News Record, Building Construction Cost Index for the Los Angeles Area. 7-25 - For the police, corporation yard, geographic information systems, computer systems, telecommunications systems, records management and administration components: The U S Department of Labor, Bureau of Labor Statistics (San Diego Metropolitan Statistical Area). Adjustments of the fee based upon annual changes to these two indexes shall be automatic and shall not require further action by the city council. The PFDIF may also be reviewed and amended by the city council as necessary based on changes in the type, size, location or cost of the facilities to be financed by the fee, changes in land use designation in the city's general plan; and upon other sound engineering, financing and planning information. Adjustments to the fee resulting from these discretionary reviews may be made by. resolution amending this section. B The fee shall have portions which are, according to the engineer report, allocated to a specific facility ("fee components"), which correspond to the costs of the various facilities, plus the administration c()s~ for the fee", wh;,ch is a percentage of theme components' cost. C The fee shall be the following, depending on the land use. . . Land Use Fee Residential - Single-family $&,4W7.891/DU dwellings Residential - Multifamily dwellings $~7,477!DU CommerCial/Office $21,70725.181/acr e Industrial $4,G4G7.958/acre Special land use $25.18121,707/acr- e Olympic Training Center $7,958/4;G40/acre Public purpose Exempt Nonprofit community purpose Exempt facility , , Special purpose project $10,85312.590/acr e '. (Ord. 3010 S 1,2005; Ord. 2887 S 1,2002). 3.50.100 Development projects exempt from the fee. A. Development projects by public agencies shall be exempt from the provisions of the fee if those projects are designed to provide the public service for which the agency is charged ("public purpose"). B. Community, purpose facilities which are not operated for profit ("nonprofit community purpose facilities") are als.o exempt inasmuch as these institutions provide benefit to the community as a ,whole, including all land use categories which are the subject matter of the fee. The city council hereby determines that it is appropriate to spread any impact such nonprofit community purpose facilities might have to the other land use categories subject to the fee. In the event that a court determines that the exemption herein extended to community purpose 7-26 facilities shall for, any reason be invalid, the city coun<;il hereby allocates the nonprofit community purpose facilities' fair share to the city bf Chula Vista and not to ar1Y' of the land use categories which are the subject matter of the development impact land use categories. C Development projects which are additions or expansions to existing dwelling units or businesses, except special land use projects, shall be exempt if the addition or expansion does not result in a net increase in dwelling units or commercial/industrial acreage (Or~. 288791, 2002) 3.50.110 Authority for accounting and expenditures. A. Fees Collected Before the Effective Date of the Ordinance Codified in This Chapter 1 All fees which have accrued shall remain in separate accounts ("accounts") corresponding to the facilities listed in CVMC 3 50 030, as established by the director of finance, and shall only be expended for the purposes associated with each facility account. 2. The director of finance is authorized to maintain accounts for the various facilities identified in this chapter and to periodically make expenditures from the accounts for the purposes set forth herein. B. Funds Collected On or After the Effective Date .of the Ordinance Codified' in This Chapter 1 The fees collected shall be deposited into a public facility financing fund ("public facilities development impact fee fund," or alternatively herein "fund"), which is hereby created and shall be expended only for the 'purposes set forth in this chapter 2. The director of finance is authorized to .establish a single fund for the various facilities identified in this chapter and to periodically make expenditures from the fund for the purposes set forth herein. (Ord. 2887 S 1, 2002). 3.50.120 Findings. The city council finds thi3t collection of the fee established by this chapter at the time of the building permit issuance is necessary to provide funds' for the facilities and to ensure certairity in the capital facilities budgeting for growth impacted public facilities. (Ord. 2887 S 1, 2002) 3.50.130 Fee additional to other fees and charges. This fee is in addition to the requirements imposed by other city laws, policies or regulations relating to the construction or the financing of the construction of public improvements within subdivisions or developments. (Ord. 288791, 2002) 3.50.135 Mandatory oversizing of facility - Duty to tender reimbu'rsement offer. Whenever a developer of a development project is required a~ a condition of approval of a development permit to cause a facility or a portion of a facility to be built to accommodate the demands created by the development project, the city may require the developer to install, purchase or construct the facility according to design specifications approved by the city, that being with such supplemental size or capacity required by the city ("oversized capacity requirement"). If such an oversized capacity requirement is imposed, the city'shall offer to reimburse the developer from the fund either in cash or over time, with interest at the fair market value of money, as fees are collected, at the option of the city, for costs incurred by the developer for the design and construction of 7-27 the facility, not to exceed the estimated cost of that particular facility as included in the calculation and updating of the fee. The city may update the fee calculation as the city deems appropriate prior to making such offer This duty to offer reimbursement shall be independent of the developer's obligation to pay the fee. (Ord. 2887 S 1, 2002). 3,50.140 Developer construction offacilities. , A. Whenever a developer.of a developmellt project would be required by applicatioll of city'law or policy as a condition of approval of a development permit to cOllstruct or fillallce a facility, or if a developer proposes to desigll and construct a portion of a facility in conjunction with the prosecution' of a development project within the territory, and follows the procedure for doing same hereinbelow set forth, the city council shall, in the followillg applicable circumstances, tender ollly the credit or reimbursement hereinbelow identified for that circumstance. 1 If the cost of the facility, incurred by the developer alld acceptable to the city, is less than or equal to that portion of the developer's fair share related to the fee component for that facility, the city may only give a credit ("developer credit") againsHhat portion of the developer's fair share related to the fee component for that facility ("fair share of the fee component"); or 2. If the cost of the facility, incurred by the developer and acceptable to the city, is greater than that portion of the developer's fair share related to the fee component for that facility, but less than or equal to the developer's total fair share,> the ciiy may give a credit, which credit shall first be ,applied against that portion of the fair share related to the fee component for that facility, and the excess costs for the facility shall then be applied as credits against such other fee components of the developer's total fair share as the city ~anager, in his sole and unfettered discretion, shall determine; or 3. If the cost of the facility, incurred by the'developer and acceptable to the city, is greater than the developer's total fair share, the city may give a credit against the developer's total fair share as the city manager, in his sole and unfettered discretion; shall determine, and/or the city may tender to the developer a reimbursement agreement to-reimburse said developer only from the fund as moneys are available, .over time, with'interest at the fair market value of money, at the option of the city , B. Unless otherwise stated herein, all developer credits shall be calculated on a dollar basis and converted into dwelling units at the time. building permits are pulled, based on the then-current fee. (Ord. 2887 S 1, 2002). 3.50.150 Procedure for issuance of credits or tender of reimbursement offer. The city's extensioll of credits or tender' of a reimbursemellt offer to a developer pursuant to CVMC 3.50140 shall be conditioned on the developer'complying with the terms and,collditiolls of this section: A. Written,. authorizatioll shall, be requested by the developer from the city alld "issued by the city coullcil by written resolutioll before developer may incur allY costs eligible for reimb\Jrsemellt relating to the facility B The request for authorization shall contaill the informatioll listed in this section alld such other information as may from time to time be requested by the city C If the council grants authorization, it. shall be by written agreement with the developer, and on ,the. following cO[lditions amollg such other conditions as the council may from time to time impos~_ 7-28 1 Developer shall prepare all plans and specifications and submit same for approval by the city; 2. Developer shall secure and dedicate any right~of-way required for the facilities; 3 Developer shall secure all required permits and environmental clearances necessary for construction of the facilities; 4 Developer shall provide performance bonds in a form and amount and with a surety satisfactory to the city (where the developer intends to utilize provisions for immediate credit, the performance bond shall be for 100 percent of the value of the project); 5 Developer shall pay all city fees and costs; 6. The city shall be held harmless and indemnified, and upon tender by the city, defended by the developer for any of the costs and liabilities associated with the construction of the facilities, 7 The city will not be responsible for any of the costs of constructing the facilities. The developer shall advance all necessary funds to construct the facilities; 8. The developer shall secure at least three qualified bids for work to be done. The construction contract shall be granted to the lowest qualified bidder If qualified, the developer may agree to perform the work at a price equal to or less than the low bid. Any claims for additional payment for extra work or charges during construction shall be justified and shall be documented to the satisfaction of the director of public works; ,9 The developer shall provide a detailed cost estimate which itemizes those costs of the construction attributable to the facilities and exclude any work attributable to a specific subdivision project. The estimate is preliminary and subject to final determination by the director of public works upon completion of the facilities; 10 The city may grant partial credit for costs incurred by the developer on the facility upon determination of satisfactory incremental completion .of the facility, as approved and certified by the director of public works, in an amount not to exceed 75 p'ercent of the cost of the construction completed to the time the partial credit is granted, thereby retaining 25 percent of such credits until issuance by the city of a notice of completion; 11 When all work has been completed to the satisfaction of the city, the developer shall submit verification of payments made for the construction of the facility to the city The director of public works shall make the final determination on expenditures which are eligible for credit or reimbursement. (Ord. 2887 S 1, 2002) 3.50.155 Developer transfer of credits. A developer who, in accordance with the provisions of CVMC 3.50140 and 3.50150, receives credits against future payments of the fee for one or more fee components may transfer those credits as provided herein to another developer A. The developer shall provide the city with written notice of such transfer within 30 days. The notice shall provide the following information: 1 The name of the developer to whom the credits were transferred; 2. The dollar value of the transferred credits; 3. The fee component(s) against which the credits will be applied; and 4 The projected rate, by fiscal year, that the credits will be applied, until said credits have been fully redeemed. 7-29 B, Credits received ,by a developer of a low- and/or moderate-income project in accordance with CVMC 3 50,070'can only'be transferred to another low, and/or moderate-i,ncome development project. (Ord, 2887 S 1, 2002) 3.50.160 Procedure for fee modification or r~duction. Any developer who, because of the nature optype of uses proposed for a development proje,ct, contends that application of this fee is unconstitutional, or unrelated to mitigation of the burdens of the development ma'y apply to the city council for a modification or reduction of the fee, The application shall be made in writing and filed with the city clerk not later than 10 days after notice of the pUblic hearing on the development permit application for the project is given, or if no development permit is required, at the time of the filing of the building permit application, The application shall state in detail the factual basis for the claim of 'modification, or reduction, The city council shall make reasonable efforts to consider the application within 60 days after its filing. The decision of the city council shall be finaL If a reduction or modification is granted, any change in use within the project shall subject the developer to payment of the fee, The.procedure provided by this section is additional to any other procedure authorized by law for protection or chall~nging this fee, (Ord, 2887 S 1, 2002) 3.50.170 Fund loans. , A. Loans by the City" The city may loan funds to the fund to pay for facilities should the fund have insufficient funds to cover the cost of said facility Said loans, if granted, shal/'be approved upon the adoption of the annual city budget and shall carry interest rates as set by the city council for each fiscal year A schedule for repayment of said loans shall be established at the time they are made and approved by the council, with a maximum term not to exceed the life of the fund, S. Developer Loans, A developer may loan funds ,to the city as outlined in CVMC 3,50 140 and 3 50,150 The city may repay said developer loans with interest, under the terms listed in subsection (A) of this section, (Ord, 2887 S 1, 2002), " 3.50.180 Effective date. This chapter shall become effective sixty (60) days followinq its second readinq and adoption January 18, 2003 (Ord, 2887 S 1, 2002), SECTION 3: This chapter shall become effective sixty (60) days following its second reading and adoption, SECTION 4: , NOW THEREFORE BE IT ORDAINED, that the City Council of the City Of Chula Vista does hereby adopt and amend Chapter 3,50 of the Chula Vista Municipal Code'relating to Public Facilitie,s Development Impact Fees, Presented by Approved as to form by Edward Van Eenoo ' Director of Budget and Analysis ~ . . Ann Moore " 6i;~ Altom", - . - - 7-30 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE MARCH 2006 UPDATE. WHEREAS, on January 8'h, 1991, the City Council of the City of Chula Vista adopted Ordinance No. 2432, establishing the Public Facilities Impact Fee (PFDIF); and WHEREAS, the purpose of the PFDIF is mitigation of the cumulative burden on public facilities placed by new development; and WHEREAS, staff has prepared a comprehensive update of the PFDIF program, including a public facility expenditure plan for 2006 - 2030, development projections, and impact fee calculations; and WHEREAS, development is considered to take place in accordance with the Phasing Plan established by the City's Planning Department which is subject to change depending on actual development phasing; and WHEREAS, the 2006 - 2030 expenditure plans for public fac[lities are detailed in each PFDIF component in the "Public Facilities Development Impact Fee, March 2006 Update" and summarized in the Cash Flow Analysis; and WHEREAS, the 2006 - 2030 expenditure plan serves the purpose of identifying the planned use of all Public Facilities DIF funds; and WHEREAS, the "Public Facilities Development Impact Fee, March 2006 Update" was developed in conjunction with developers and the Building Industry Association (BIA), NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby adopt the "Public Facilities Development Impact Fee, March 2006 Update" Presented by Approved as to form by Edward Van Eenoo Director of Budget & Analysis Ann Moore ~'lCity Attorney 7-31 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE TRANSFER OF FUNDS FROM THE CORPORATION YARD COMPONENT OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE (PFDIF) TO THE PROGRAM ADMINISTRATION COMPONENT OF THE PFDIF FOR COSTS ASSOCIATED WITH THE PURCHASE OF A STORM DRAIN COMPLIANCE INSPECTOR VEHICLE. WHEREAS, on November 19, 2002, the City Council of the City of Chula Vista approved Resolution 2002-472, amending the budget of the Public Works Department to add two Storm Drain Compliance Inspectors, and WHEREAS, Resolution 2002c472 also appropriated $20,600 from the Public Facilities Development Impact Fee (PFDIF) fund for the purchase of an inspection vehicle for this additional staff; and WHEREAS, the funds were appropriated and spent from the Program Administration component of the PFDIF fund, in the amount of $16,023; and WHEREAS, the Corporation Yard component of the PFDIF is more appropriate for this expense, 'and WHEREAS, it is now necessary to reimburse the Program Administration component from the Corporation Yard component for expenditures related to the purchase of a Storm Drain Compliance Inspector vehicle; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the transfer of $16,023 from the Corporation Yard component of the PFDIF to the Program Administration component of the PFDIF Presented by Approved as to form by Edward Van Eenoo Director of Budget & Analysis 7-32 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CLOSURE OF FOUR (4) COMPONENTS OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE (PFDIF) AND TRANSFERRING FUNDS THEREFORE. WHEREAS, the Public Facilities Development Impact Fee (PFDIF) is currently composed of ten (10) facility based components, as well as a program administration component; and WHEREAS, all planned acquisitions included in four of the components have been completed and no future projects are anticipated, including the Geographic Information Systems component, the Computer Systems Expansion component, the Telecommunications System component, and the Records Management System component; and WHEREAS, it is appropriate to cease collecting fees for these facilities and close their respective funds; and WHEREAS, the Geographic Information System, Computer System, and Records Management System components are estimated to have a deficit balance as of the end of fiscal year 2006, and WHEREAS, it is necessary to transfer funds from other PFDIF components to eliminate these deficit balances; and WHEREAS, per Chula Vista Municipal code Section 3.50 110, the Finance Director is authorized to establish a single fund for the various components, and to periodically make expenditures from the fund for the purposes set forth in Chapter 3.50 of the Chula Vista Municipal Code, WHEREAS, the Telecommunications System component is estimated to have a positive fund balance as of the end of fiscal year 2006, and these funds may be used to eliminate the above described deficit balances; and WHEREAS, there is a remaining debt service obligation of the Computer System component which will now be transferred to the Program Administration Component; and WHEREAS, it is necessary to transfer funds from the Telecommunications component to the Program Administration component to offset the impact of the debt service obligation transfer; and WHEREAS, the remaining deficit balance of the components to be closed' will be eliminated using available funds from the Civic Center Expansion Component; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the closure of the Telecommunication Systems, Geographic Information Systems, Computer Systems, and Records Management Systems components. 7-33 NOW THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City Of Chula Vista does hereby approve the transfer of funds from the Civic Center component to eliminate the deficit balance of the Geographic Information System component; the transfer of funds from the Civic Center component to eliminate the deficit balance of the Computer Systems component; the transfer of funds from the Civic Center component to eliminate the deficit balance of the Records Management System component; the transfer of $15,404 from the Telecommunication Systems component to the Program Administration component; the transfer of the remaining fund balance of the Telecommunication Systems component to the Civic Center, component; and the transfer of a future debt service obligation of $15,404 from the Computer Systems component to the Program Administration component. Presented by Approved as to form by Edward Van Eenoo Director of Budget & Analysis " 7-34 COUNCIL AGENDA STATEMENT . ItemL Meeting Date 07/25/06 ITEM TITLE: Public Hearing: Consideration .of Amending the City's Master Fee Schedule and establishing new Greens Fees at Chula Vista Municipal Golf Course Resolution Amending the City's Master Fee Schedule and Establishing New Greens Fees at Chula Vista Municipal Golf Course SUBMITTED BY: Director of pU7 orks operation~ ----- City Manager II (4/5 Vote: Yes_ No.lL) REVIEWED BY: American Golf Corporation (AGC) is requesting rate changes -to green fees for the Chula Vista Municipal Golf Course. In accordance with the lease agreement, AGC can submit rate changes on an annual basis for the City's review and approval. The current Green Fees were requested in January of2004 and have been in effect since December 1, 2004. RECOMMENDATION: That Council. 1) Conduct the Public Hearing for Consideration of Amending the City's Master Fee Schedule and Establishing New Greens Fees at Chula Vista Municipal Golf Course 2) Adopt the Resolution Amending the City's Master Fee Schedule and establishing new Greens Fees for the Chula Vista 'Municipal Golf Course, effective August I, 2006. BOARD/COMMISSION RECOMMENDATION: At the June 22,2006, Parks and Recreation Commission Meeting, the Commission endorsed (6-0) approval of the new Greens Fees. The Presidents of the Men's and Women's Golf Clubs were notified and the proposed rate fee changes were posted at the Pro Shop. Both the Men's and Women's Clubs support the new Greens Fees. DISCUSSION: American Golf Corporation (AGC) submitted a request for rate changes to green fees for the Chula Vista Municipal Golf Course 9n February 15,2006 Staff recommends approving modified Green Fees rates, but different from AGe's proposal. The current green fees have been in effect since December I, 2004 In pr~paring its analysis, staff compared the rate changes requested by AGC to comparable courses in the area, such as Coronado, Bonita, Balboa, and Oceanside. The San Diego Country Club and Eastlake golf courses were excluded from this analysis because these golf courses 8-1 Page 2, Item ~ Meeting Date 07/25/06 are privately and semi-privately owned, respectively AGC did not object to staff comparing their proposed rate increase to the golf courses mentioned above. Golf Course. The current golf course conditions reflect an improved on-going maintenance schedule that delineates' the tee boxes, fairways, and greens areas by mowing grass at a shorter height. Greens quality remains consistent and bunker quality continues to improve. Golf course management has emphasized regular course audits and has paid close attention to details from a golfer's perspective. Furthermore,:AGC has spent $315,000 over the past year making capital improvements to the golf course. Some of the new improvements include: o Completing four (4) tee box renovations; . Renovating the driving range tee; . Planting 40,000 square feet of sod and seed; .. Installing a new bridge to # 14 crossing; .. Renovating bunkers #6, #7, #8, and #13, and .. Resurfacing the parking lot. . " : Green Fees Analvsis. Table A shows CVMGC's current rates, along with AGe's proposal and rates for Bonita, Balboa, Oceanside and Coronado. As indicated in Table A, AGe proposes to reduce resident and.non- resident greens fees below the average greens fees for the four comparable courses for weekdays, excluding resi~ent 9 holes. Regard,ing weekends, AGC proposes to increase resident 9 holes and resident twilight by $l.qO and $0.50 respectively, anq. reduce non-resident 9 hoies ($0.50) and non- resident twilight ($1.00). AGC also proposes to increase the resident card from $8.00 to $10 00 Staff recommends setting non-resident rates at 25% above the resident rates for 18 holes on , ' weekdays. The higher non-resident fees conforms to policy established in the Master Fee Schedule directing the Recreation Department to charge non-residents 25% higher fees for recreational classes. Also, as reflected in Table A, non-residents typically pay higher greens fee at municipal golf courses. However, for 9-holes, twilight and'super-twilight for weekdays and weekends, staff recommends that these fees be set comparable to the average fees for Bonita, Balboa, Oceanside, and Coronado. . Staff . also recommends increasing the resident card from $8.00 to $iO 00 Senior Tickets. AGC proposed to eliminate the senior tickets, thereby, eliminating the monthly $50 card, which allows seniors unlimited play on weekdays for only $2 per round. However, staff recommends keeping the senior tickets and "grand-fathering" existing card holders, which means they could still purchase the monthly card to take advantage ofthe lower rates. However, no "new" additional card sales would be authorized. In addition, st~f recommends increasing the ticket fee from $2.00 to ~~ 00 per round, which allows seniors unlimited play on weekdays. Staffs recommendation is based on the following information. . 8-2 " yo Page 3, Item l- Meeting Date 07/25706 . There are 64 monthly cardholders. . Monthly cardholders represent 29 percent of all weekday play · The monthly cardholders play golf an average of 12 times per month or 3 times per week. . Monthly cardholders pay an average cost of$6.15 per round on weekdays. · By increasing the ticket fee from $2.00 to $3.00 per round, the average cost for the monthly cardholders would increase from $6.15 to $7 16 per round. . Most seniors (a total of 458 or 88%) currently utilize the yearly $10 card. o The $10 cards allow seniors unlimited play at a fee of $10 per round on weekdays; and represents 39 percent of all weekday play AGC also proposes to reduce the cart fee for seniors from $13 .00 to $11 00 Staff agrees with AGC's proposal regarding senior cart fees. Table A below shows CVMGC's current rates, including AGC's and staff s proposals and the rates for Bonita, Balboa, Oceanside and Coronado. 8-3 Q Page 4, Item ~ Meeting Date 07/25/06 Table A - Competitive Market Analysis Average Rates Bonita Balboa Oceanside Coronado Rate of 4 CVMGC Courses Existing Weekday Resident 18 holes 26.00 23.00 21.50 25.00 23.88 21.50 Non-Resident 18 holes 26.00 36.00 25.00 25.00 28.00 27.00 Resident 9 holes N/A N/A N/A N/A N/A 11.50 Non-Resident 9 holes N/A N/A N/A N/A N/A 14.00 Resident Twilight 16.00 12.50 12.00 13.00 13.38 13.50 Non-Resident Twilight 16.00 20.50 14.25 13.00 15.94 17.00 Resident Super-Twilight N/A N/A N/A N/A N/A 10 00 NoncResident Super- Twilight N/A N/A N/A N/A N/A 10 00 Senior (Residents) N/A 10.50 11.00 N/A 1075 10.00 Senior Ticket (Residents) N/A N/A N/A N/A N/A 5000 Ticket Fee N/A N/A N/A N/A N/A 2.00 Weekend Resident 18 holes 38.00 25.00 24.00 25.00 28.00 26.00 Non-ResidenU8 holes 38.00 41.00 33.50 25.00 34.38 3400 Resident 9 holes N/A N/A N/A N/A N/A 14.00 Non-Resident 9 holes N/A N/A N/A N/A N/A 17.50 Resident Twilight 2400 12.50 14.25 13.00 15.94 16.50 Non-Resident Twilight 24.00 20.50 16.75 13.00 18.56 20.50 Resident Super-Twilight N/A N/A N/A N/A N/A 1500 Non-Resident Super- Twilight N/A N/A N/A N/A N/A IS 00 Senior N/A N/A N/A N/A N/A N/A I AGe proposes to eliminate the senior tickets, thereby, eliminating the monthly $50'card, which allows seniors unlimited play on weekdays for only $2 (ticket fee) per round. 2 Staff recommends keeping the sehior tickets and "grand-fathering" existing cardholders. However, no "new" additional card sales would be authorized. Staff proposes to increase the ticket fee from $2 to $3 per round. 8-4 r , Page 5, Item ~ Meeting Date 07/25706 The following information is provided regarding the play at CVMGC based on 73,596 rounds: o Residents represent 63 percent of total play; o Non-residents represent 17 percent of total play; o Approximately 20 percent of total play are tournaments/replays and green fee specials; o The.senior rate of $10 remains.the lowest when-compared with Balboa, Mission Trails, Coronado, Oceanside, and Bonita golf courses. Decision Maker Conflicts. Staff has reviewed the property holdings of the City Council and has found a conflict, in that Councilmember McCarm has holdings within 500' of the property, which is the subject of this action. FISCAL IMPACT: Staff recommends approving modified Green Fees rates, but different from AGC's propo'sal to go into effect on August I, 2006. The new greens fee increase will produce an estimated $18,241 in additional revenue for the General Fund based on a projected 81,603 rounds of golf played at CVMGC. .' Attachment: Request from American Golf Corporation for rate change for Chula Vista Golf Course C:\Documents and S~ttings\robertb\My Documents\Bob\A.113 CVMGC Fee Increase #2.doc 8-5 :;]'(tls ~.~.. ". \; -, ~ '__n_. --' JL -- - ~ -"i,l t.", David Byers Director of Public Works Operations City of Chula Vista 1800 Maxwell Road Chula Vista, Ca 91911 February 15,2006 Subject: Proposed Rate Change for Chnla Vista Golf Course Dear Mr. Byers: The purpose of this letter is to propose greens fee rate changes for Chula Vista Golf Course. The objective is to reduce many of our greens fee rates to stimulate financial growth in this highly competitive market. At the time, we believed that the rate increase in 2004 was needed, but in hipdsight, several of the rate changes were a bit aggressive. . The market has also changed since our last rate change; many of the higher-end golf courses are now discounting more aggressively to capture market share creating a downward pressure on municipal golf course rates. We believe that in order to grow our business and compete for local golfers that we need to re-structure our rates while keeping the folIowing objectives in mind. o Create a rate structure that is always a value so we do not need to rely on heavy discounting and promotions to drive golfers to the course . Lower our weekday green fees to recapture lost rounds during the week o Currently less than 14 residents per day and 4 non-residents are paying our top green fee rate during the week (everyone else is paying a senior rate or a promotional rate) . Develop less complicated rates with round numbers and consistent discounts off the non- resident'rates to promote clarity for our golfers and co-workers . Maintain fair regular rates to compete with Bonita GC which is our main competitor In 2005, our rounds decreased 14 7% and our average green fee increased 15 8%, causing our green fee revenue line to remain flat. We hope by slightly lowering some of the rates we can increase rounds, and thereby, improve revenue for AGC and rent for the City Chula Vista is one of the best values in the San Diego for residents of Chula Vista and we want to make it even better Please see attached worksheet for proposed rate changes. 8-6 The other rate structure we would like to change is the Senior Card pricing. We currently have two different programs. 1 Monthlv' This package is $50 a month and $2 for every round played. We currently have 64 montWy senior card-holders. They play an average of 12 rounds per month, which translates to a $6 average green fee. 2. Annual: This package is $10 per year for the membership and $10 for every time they play We currently have 45S annual senior card-holders. Essentially, we would like to offer the annual card and eliminate the monthly card. We believe that the monthly card $2 green fee rate is excessively low The annual card is a great deal, the seniors prefer it, and it is still best deal in the San Diego marketnno other IS-hole golf courses charge less than $11 per, round. We also are proposing lowering the senior age from 62 years to 60 years, as well as, implementing a senior cart rate of $11 - $2 lower than what they are currently paying. In considering the fact that we have only 64 seniors purchasing the montWy card, the number of seniors affected will be minimal. We feel that the current golf course conditions are at its best ever, thanks to both the efforts of the City of Chula Vista and American Golf. Over the last 12 months we have completed capital improvement projects totaling over $315,000 Some of those recent improvements are: . Rebuilt 4 tees . Rebuilt the driving 'range tee - . Installed 40,000 square feet of sod . Completed pump station building . Added domestic water source availability to supply lake . Added irrigation to #1, #3 and #5 . . Maj or storm drainage improvements on # 10 and # 11 . Built a bridge on #14 _ . Renovated bunkers #6, #7, #S, and #13 . Added additional cart storage at maintenance building and increased cart fleet size from 60 carts to SO carts . Spent over $40,000 in tree trimming . Resurfaced parking lot " . . With these recent .jmpr~JVements and that the majoritY, of rate changes are decreases; we feel these rate changes warrant approval. American Golfis committed to continuous improvement of the Chula Vista Golf Course through capital improvements, and customer serVice while creating the best value for the residents of Chula Vista. We appreciate your support with these changes. and look forWard to discussing them with you. _. /'" , / '\ \re- I . 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"i 13 o o ~ RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CITY'S MASTER FEE SCHEDULE AND ESTABLISHING NEW GREENS FEES AT CHULA VISTA MUNICIPAL GOLF COURSE WHEREAS, American Golf Corporation (AGC) submitted a request for rate changes to green fees for the Chula Vista Municipal. Golf Course on February 15,2006, and WHEREAS, AGe has made several recommendations for changes in green fees for resident and non-resident users; and WHEREAS, staff has reviewed AGC's proposals and recommends approving modified green fees rates with some changes to AGC's proposal, and WHEREAS, staff recommends setting non-resident rates at 25% above the resident rates for 18 holes on weekdays, and WHEREAS, the higher non-resident fees conforms to policy established in the Master Fee Schedule directing the Recreation Department to charge non-residents 25% higher fees for recreational classes; and WHEREAS, staff recommends that green fees for 9-holes, twilight and super-twilight for weekdays and weekends be set comparable to the average fees for Bonita, Balboa, Oceanside, and Coronado,.and WHEREAS, staff also recommends increasing the resident card from $8.00 to $1000; and WHEREAS, AGC proposes eliminating the senior tickets, thereby, eliminating the monthly $50 card, which allows seniors unlimited play on weekdays for only $2 per round, and WHEREAS, staff recommends keeping the senior tickets and "grand-fathering" existing card holders, which means they could still purchase the monthly card to take advantage of the lower rates, but no "new" additional card sales would be authorized, and WHEREAS, s:taff recommends increasing the ticket fee from $2.00 to $3 00 per round, which allows seniors unlimited play on weekdays; and WHEREAS, AGC proposes reducing the cart fee for seniors from $13 00 to $1100, and staff agrees with AGC's proposal regarding senior cart fees. 8-9 NOW, THEREFORE, BE IT RESOLVED that the City Council ot the City of Chula Vista, does hereby amend the City's Master Fee Schedule and establish new greens fees at Chula Vista Municipal Golf Course. Presented by Approved as to form by , ~j;oJ\~~~\-k Ann Moore City Attorney Dave Byers Director of Public Works Operations 8-10 COUNCIL AGENDA STATEMENT Item Meeting Date ~, 1..1 July 25, 2006 ITEM TITLE: PUBLIC HEARING: Regarding the Proposed 'Assessment of Certain Delinquent Sewer Service Charges as Recorded Liens Upon the Respective Owner-Occupied Parcels of Land and Placement of Delinquent Charges on the Next Regular Tax Bill for Collection RESOLUTION Approving Certain Delinquent Sewer Service Charges to be Assessed as Recorded Liens Upon the Respective Owner-Occupied Parcels of Land and Authorizing Placement of the Delinquent Charges on the Next Regular Tax Bill REVIEWED BY: .J /,\(L SUBMITTED ~ Director of FinancefTreasurer r 1r^- City Manager JI (4/5ths Vote: Yes _NolL) In order to adequately protect the City's iriterest in delinquent sewer service charges and ensure that collection efforts are directed towards the responsible property owner in the event of a change in ownership, staff is recommending approval for the placement of liens against affected properties as a preliminary action to placing the delinquencies on the property tax rolls if they remain unpaid Adoption of this resolution will enhance the collection process for delinquent sewer service charges by ensuring that the correct property owners are charged and that payment be received on a more timely basis. This is the identical process approved by City Council since August 1998 RECOMMENDATION: That Council open the public hearing to consider assessing delinquent sewer service charges as recorded liens on the affected properties, consider all testimony and adopt the resolution overruling all protests, and approving the delinquency amounts and authorizing placement of the delinquency charges as recorded liens upon the respective owner occupied parcels of land. BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable. DISCUSSION: The Chula Vista Municipal Code Section 1314150 allows delinquent sewer service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection. The ordinance states that upon notification of the property owners, a public hearing is set for sewer service accounts which are over sixty days delinquent. At the hearing the City Council considers the delinquent accounts 9-1 , Page 2, Item_ Meeting Date July 25, 2006 "., L( together with any objections or protests by interested parties. At the conclusion of the hearing, the City Council, may either approve the delinquency and amount owed on the accounts as submitted or as modified or corrected by the City Council. Lastly, the City Council adopts a resolution assessing such amounts as liens upon the respective parcels of land and the amounts ar,e charged to the property owners on the next regular property tax bill. In April ?006, City Council approved liens for 273 delinquent sewer service accounts valued at $85,700 to be forwarded to the County for collection on the next regular property tax bill. Staff recently identified an additional 209 owner-occupied parcels with sewer service accounts over 60 days delinquent. The total delinquency is $72,500 Through preliminary collection efforts, 68 accounts have been resolved, and the remaining 141 accounts, valued at $57,500, remain delinquent (delinquencies listing available at the Finance Department) Many of these property owners have gone through this lien process previously as they continue to leave their sewer service accounts unpaid. These property owners have been notified of their delinquencies, and last month, they were notified of the public hearing and were asked again to pay their delinquent sewer service charges to avoid a lien being placed on their property Payment arrangements will be set-up as needed, and staff will continue to update the delinquency listing as payments are received and accounts are cleared. ,once all payments are recorded, a final list will be submitted to the City Council for review prior to the Council consideration of the proposed resolution on this matter Staff is recommending that the City Council approve the final list of delinquent sewer accounts as submitted, and that these charges be forwarded to the County and assessed as recorded liens on the respective owner-occupied parcels of land and ultimately placed on the next regular tax bill for collection.' CONFLICT OF INTEREST: This is no conflict of interest from this action. FISCAL IMPACT: By placing delinquent sewer service charges on the property owner's regular tax bill, over $211,000 in revenues was realized in FY 05-06 using this collection method. The City should realize approximately $55,000 in revenues from this action 9-2 RESOLUTION NO 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CERTAIN DELINQUENT SEWER SERVICE CHARGES TO BE ASSESSED AS RECORDED LIENS UPON THE RESPECTIVE OWNER- OCCUPIED PARCELS OF LAND AND AUTHORIZING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL WHEREAS, in order to adequately protect the City's interest in delinquent sewer service charges and ensure that collection efforts are directed towards the responsible property owners in the event of a change in ownership, staff is recommending approval of liens against affected properties as a preliminafy action to placing the delinquencies on the property tax rolls if they remain unpaid, and WHEREAS, the Chula Vista Municipal Code Section 13 14 150 allows delinquent sewer service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection, and WHEREAS, Section 13 14 150 provides that, upon notification to the property owners, a public hearing may be set for sewer service accounts which are over sixty days delinquent; and WHEREAS, at the conclusion of the hearing, the City Council may approve the delinquency and amount owed on the accounts, as ~ubmitted or as modified or corrected by the City Council, and adopt a resolution accordingly; and WHEREAS, staff recently identified 209 owner-occupied accounts, totaling $72,500, as being over 60 days delinquent; and WHEREAS, many of these property owners have gone through this lien process previously as they continue to leave their sewer service accounts unpaid, and WHEREAS, these property owners have been notified of their delinquencies, and last month, they were notified of the public hearing and were asked again to pay their delinquent sewer service charges to avoid a lien being placed on their property; and WHEREAS, through City Staff's collection efforts, certain delinquent accounts have been resolved and City Staff has presented th'e City Council with a final list, reflecting those accounts which remain delinquent; and WHEREAS, staff is recommending that the City Council approve the final list of delinquent sewer accounts, as submitted, and that these charges be forwarded to the County and assessed as recorded liens on the respective owner-occupied parcels of land and ultimately placed on the next regular tax bill for collection 9-3 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby approves certain delinquent sewer service charges, as reflected on the final list submitted to the City Council at the public hearing on this matter, to be assessed as recorded lien~ upon the respective owner-occupied parcels of land and authorizes placement of the ge1inquent charges on the next regular tax bill. Presented by ~pm,\ed as to form by Maria Kachadoorian Director of Finance I i /i ' "f '~/v';""; !' -ftn MoordU1' C ty Attorney 1_ ..,n r' ' -, 9-4 COUNCIL AGENDA STATEMENT , ITEM TITLE: I Item ! 10 Meeting Date July 25, 2006 i PUBLIC HEARING: Regarding the Proposed Ass~ssment of Certain Delinquent Solid Waste Service Charges as Recqrded Liens Upon the Respective Parcels of Land and Placement of Delinquent Charges on the Next Regular Tax Bill for Collection i ~ RESOLUTION No. Approving Delinquent Solid Waste Service Charges to be Assessed as Recorded Liens Upon the Respective Parcels of Land and Authorizing Placement of the Delinquent Charges on the Next Regular Tax Bill Director'of Fin7reasurer t4. frl-vtlL- City Manager rll (4/5ths Vote: Yes _NoLl SUBMITTED BY: REVIEWED BY: In order to adequately protect the City's interest in delinquent solid waste service charges and ensure that collection efforts are directed towards the responsible property owner in the event of a change of ownership, staff is recommending approval for the placement of liens against affected properties as a preliminary action to placing the delinquencies on the property tax rolls if they remain unpaid. Adoption of this resolution will enhance the collection pro.~ess for delinquent solid waste service charges by reducing the amount of uncolleCtible losses and ensure that payment will be received on a more timely basis This is the identical process approved by City Council on a regular basis since mid- 2001 RECOMMENDATION: That Council open the public hearing to consider assessing delinquent solid waste service charges as recorded liens on the affected properties, consider all testimony, and adopt the resolution overruling all protests, approving these charges to be assessed as recorded liens upon the respective parcels of land, and authorizing the placement of the delinquent charges on the next regular tax bill. BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable DISCUSSION: In November 1998, City Council amended Municipal Code Section 8.24 to eliminate suspension of solid waste service for nonpayment. To ensure that all residents pay their fair share of the costs of this program, the ordinance allows delinquent solid waste service charges to be assessed as liens upon the affected properties and ultimately placed on the property tax bills for collection. The ordinance states that upon notification of the property owners, a public hearing is set for solid waste service accounts that are over ninety days delinquent. At the hearing the City Council considers the delinquent accounts together with any objections or protests by interested parties At the conclusion of the hearing, the City Council, may either approve the delinquency and amount owed on the accounts as 10-1 Page 2, Item_ Meeting Date July 25, 2006 Ir) submitted or as modified or corrected by the City Council. Lastly, the City Council adopts a resolution assessing such amounts as liens upon the respective parcels of land, and . . the amounts are charged to the property owners on the next regular property tax bill. As these amounts are collected, the monies are remitted to Allied Waste Services less the City's Franchise Fees AB~39 fees and late charges. - In April 2006, City Council approved 865 delinquent accounts valued at $126,900 to be placed on the property tax bills for collection. Since then, Allied Waste Services has identified a'nd submitted' an additional 655 delinquent accounts valued at over $82,500 to the city for collection, Through the City's preliminary collection efforts, 366 accounts have been resolved, and the remaining 289 accounts valued at $35,000 remain outstanding The account status and property ownership on these accounts have been verified by both Allied Waste and City staff Many of these delinquent accounts have gone through the lien process before as they continue to remain unpaid. These property owners were notified of their delinquencies through a series of past due notices sent by Allied 'Waste until th~y were ultimat~ly submitted to the City for co\lection. City staff also sent out a past due letter, and last month, these property owners were notified of the public' hearing and were asked to pay their delinquent s'olid waste service charges prior to the hearing date to avoid a lien being placed on their property City staff has been working with Allied Waste to resolve any customer disputes as they arise arid payment arrangements have been set-up as needed Staff will continue t6 update. the list of delinquencies as payments are received and accounts are cleared. Once all additional payments have been recorded by staff, a final list will be given to'the City Council for review prior to consideration of the proposed resolution on this matter . . Staff is recommending that the City Council approve the final list of delinquent solid waste accounts'as submitted, and that these charges be forwarded to the County and assessed as liens on the respective parcels of land and ultimately placed on the next regular tax bill for collection - CONFLICT OF INTEREST: There is no conflict of interest from this action.' , FISCAL IMPACT: By using the property tax bill as the ultimate collection method for delinquent solid waste service charges, over $273,000 was collected for FY 05-06 These funds were forwarded to Allied Waste SerVices less the city's Franchise Fees, AB939 fees and late charges. The 'City realized approximately $24,800 in Franchise Fees, $6,100 in AB939 fees, and $19,400 in late charges for Py05-06 ' From this action, the City should realize an approximate total of $6,000 in revenues with, $29,000 being forwarded to AII!ed Waste Services. 10-2 RESOLUTION NO 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING DELINQUENT SOLID WASTE SERVICE CHARGES TO BE ASSESSED AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND AUTHORIZING PLACEMENT OF THE DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL WHEREAS, in order to adequately protect the City's interest in delinquent solid waste service charges and ensure that collection efforts are directed towards the responsible property owner in the event of a change of ownership, staff is recommending approval for liens against affected properties as a preliminary action to placing the delinquencies on the property tax rolls if they remain unpaid, and .' WHEREAS, in November 1998, City Council amended Municipal Code Section 8.24 to eliminate suspension of solid waste service for nonpayment; and . WHEREAS, to ensure that all residents pay their fair share of the costs of this program, .the ordinance allows delinquent solid waste service charges to be assessed as liens upon the affected properties and ultimately placed on the property tax bills for collection, and WHEREAS, Section 8.24 provides that, upon notification to the property owners, a public hearing may be set for solid waste service accounts that are over ninety days delinquent; and WHEREAS, at the conclusion of the hearing, the City Council, may approve the delinquency and amount owed on the accounts, as submitted or as modified or corrected by the City Council, and adopt a resolution assessing such amounts as liens upon the respective parcels of land, and authorizing placement of the amounts on the next regular property tax bill; and WHEREAS, as these amounts are collected, the monies are remitted to Pacific Waste Services less the City's Franchise Fees, AB939 fees and late charges, and WHEREAS, since April 2006, Pacific Waste Services has identified and submitted 655 delinquent accounts valued at over $82,500 to the City for collection, and WHEREAS, through the City's preliminary collection efforts, 366 accounts have been .resolved, and the remaining 289 accounts valued at $35,000 remain outstanding; and WHEREAS, the account status and property ownership on these accounts have been verified by both Pacific Waste and City staff; and 10-3 .~ WHEREAS, these property owners were notified of their delinquencies through a series of past due notices sent by Pacific Waste until they were ultimately submitted to the City for collection, and WHEREAS, City staff also sent out a past due letter, and last month, these property owners were noti\ied of the public hearing and were asked to pay their delinquent solid waste service charges prior to, the hearing date to avoid a lien being placed ontheir property; and , WHEREAS, City staff has been working with Pacific Waste. to resolve any customer disputes as they arise and payment arrangements have been set up as needed,and WHEREAS. City Council has been provided a final list reflecting all accounts which remain delinquent; and . WHEREAS, staff is recommending that the City Council approve the final list of delinquent solid waste accounts as submitte,d, and that these charges be forwarded to the County and assessed ',as liens on the respective parcels of land and ,ultimately placed on the next regular tax bill for collection, NOW. THEREFORE. BE IT RESOLVED that the City Council of the City of Chula . Vista approves certain delinquent solid waste service chargEis. as reflected on the final delinquency list submitted to the City Council at the public hearing on this matter. to be assessed as recorded liens upon the respective parcels of land and authorizes placement of the delinquent charges on the next regular tax bill Presented by Approved as to form by (. Maria Kachadoorian Director of Finance ", ( J " , '" " \V 10-4 "l COUNCIL AGENDA STATEMENT II Item No.: Meeting Date: 7-25-06 ITEM TITLE: Resolution of the City Council of the City of Chula Vista approving the Planning and Building Department Strategic Plan and Work Program Director of Pla1g and BUildi?-~i''V jOl- City Manager r/ 7'1/ (4/5thsVote: Yes No ~ SUBMITTED BY: REVIEWED BY: DISCUSSION: The Planning and Building Department Five-Year Strategic Plan (2006-20 I 0) describes the Department's responsibilities in implementing the priorities of the City Council, and City Manager's office, The Strategic Plan aligns Planning and Building's functions and programs with the City Council Strategic Themes, the recently adopted General Plan and the Economic Development Strategy To implement the Strategic Plan, the Planning and Building Department has concurrently been developing a Work Program. This comprehensive document outlines the numerous tasks we will perform to achieve the Strategic Plan goals, as well as those tasks required by legal mandate (for example the review of private development proposals). The work program details a scope and description for each project or program as well as relevant performance measures. The Work Program is organized in the same manner as our Department, i.e. it is divided into section and function. The work program outlines how we will dedicate resources to those priorities established by the City Council, and City Manager This format allows for flexibility as City Council priorities change. The information is kept in both an electronic and hard cover binder so it can be readily modified as new assignments are made. It should be noted that staff has also developed a "Chart of Tasks", a tool utilized by Department Managers to ensure that projects and programs are kept on track. The chirrt summarizes the various Work Items, provides timelines for initiation and completion, and lists the department manager and staffresponsiblefor each Work Program Item. RECOMMENDATION: That Council adopt the Resolution approving the Planning and Building Department Five-Year Strategic Plan. BOARDS/COMMISSIONS RECOMMENDATION: These documents have been transmitted to the Boards and Commissions that the Planning and Building Department supports (Planning Commission, Design Review Committee, Resource Conservation Commission, Board of Appeals and Advisory, Growth Management Conimission) for informational purposes. 11-1 () ~lf?- -11~ ~~ Planning & Building Department STRATEGIC PLAN & WORIZ PROGRAM F" 2006-2010 r Page 2, Item No.: II Meeting Date: 7/25/06 DISCUSSION: The Planning and Building Department Strategic Plan and Work Program set forth the work of the Department in the coming years. The Strategic Plan emphasizes departmental goals, which are consistent with the City Council strategic theme areas that are deemed vital to the growth and stability of the commu(lity The work program explains how those goals will be achieved over a five year period through 20 I 0 Performance metrics have been employed to serve as bottom line objectives, directly aligned with the Council Strategic Themes. How the Stratel!ic Plan was developed The Strategic Plan was developed in a process that is described in exhibit titled "Strategic Plan and Work Program" Process Diagram, located in the accompanying binder The process began with acknowledgement of the five City Council Strategic Themes and included feedback received from community meetings during the General Plan. It also included meetings with all Department staff. Kev Goals of the Stratel!ic Plan The Strategic Plan identifies the four key goals that warrant the department's focus. 1. Achieve the General Plan Vision and Goals. All planning projects must be consistent with those objectives outlined in the City General Plan. . 2. Promote Responsive and Professional Customer Relations. Efforts must be made to ensure efficiency and quality when providing service to our City customers. 3. Communicate Clearlv, Fairlv. and Professionallv. The public should .be well informed through professional communication that is readily available. 4. Ensure a Safe. Sustainable. and Oualitv Communitv. City programs and policies must be designed to reflect the most pressing needs of the community based upon the current state of the environment. FISCAL IMPACT: The Planning and Building Department Strategic Plan and work program were created by City staff, there were no outside consultant costs. Implementation of the plan through the work program creates a net positive effect on the local economy In this era of expansion and development eastward. the development and construction we process and facilitate creates permanent and temporary jobs, li.omes. revenue to the general fund in the form ofretail sales tax and increases in property tax assessments. Attachments I P&B Strategic Plan and Work Program (previously distributed under cover of Council Information Memorandum dated June 29, 2006). 11-2 RESOLUTION NO RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE PLANNING AND BUILDING DEPARTMENT FIVE-YEAR STRATEGIC PLAN FOR FY 2006-2010 WHEREAS, the Planning and Building Department Five-Year Strategic Plan ("Strategic Plan") for FY 2006-2010 will provide a work program blueprint for the Planning and Building Department for the next five years; and WHEREAS, the Strategic Plan and Work Program ("Work Program") were developed to clearly describe Planning and Building's role and legal responsibilities in development, general plan, environmental review, and all planning processes and matters described in state and local statues, to allocate staff resources and to ensure alignment with the priorities and policy of the Mayor, City Council, and City Manager's Office; and WHEREAS, the Strategic Plan aligns the Planning and Building Department's plans and programs with the City Council's Strategic Themes and the City's General Plan and Economic Development Strategy; and WHEREAS, the Strategic Plan will facilitate a closer working relationship between the Planning and Building Department with other City Departments; and WHEREAS, the Strategic Plan will provide the basis for the preparation of the Planning and Building Department budget during the five-year planning period; and WHEREAS, the Strategic Plan provides the framework for the Planning and Building Department' sFive- Y ear Work Program. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista hereby adopts the Planning and Building Department Five- Year Strategic Plan, and directs staff to execute projects and programs identified in the Work Program consistent with the Strategic Plan. Presented by Approved as to form by James D Sandoval Director of Planning ami Building J:\planning\jlm\Council Resolution P&B Strategic Plan,doc 11-3 COUNCIL AGENDA STATEMENT Item I ~ Meeting Date 7/25/06 ITEM TITbE: SUBMITTED BY: ResolutionApproving the Ballot Questions and Directing the City Attorney to Prepare the Impartial Analysis of three proposed Charter Amendments, one to Section 300D, imd two to Section 303C, to be Submitted to the Electorate at the Special Municipal Election to be held in said City on Tuesday, November 7, 2006. City Attorneytl.:->rr+- City Attorney f-()l'f+- (4/5ths Vote: No X ) REVIEWED BY: RECOMl'VIENDATION: Adopt the Resolution. BOARDS/COMMISSION: N/A DISCUSSION: At its meeting on July 18, 2006, the City Council, after receiving a report from the Charter Review Commission and hearing public testimony, voted for the City Attorney to return to the Council with a resolution to place one amendment to Charter Section 300D.and two amendments to Charter Section 303C on the November 7, 2006 ballot along with the proposed ballot text. The text appears on the ballot in the form of a question. The proposed Charter amendment to section 300D modifies the eligibility requirements to prohibit an appointed mayor or councilmember from being eligible to run for the office until one year after termination of the appointed term. The other two Charter amendments modify section 303C regarding the filling of unanticipated vacancies. Attached are the proposed Ballot Questions and the text of the proposed amendments based upon the direction received from Council on July 18, 2006 The City Attorney will, if directed by the Council, prepare an impartial analysis of each proposed measure. FISCAL IMPACT: None Attachment 1 Measure 1 Ballot Question Attachment 2. Measure 2 Ballot Question Attachment 3 Measure 3 Ballot Question Attachment 4 Informational Flow Charts nattomeylagendaslcharter amendments to 300D and 303C 12-1 Measure I Shall Section 300(D) of the Charter bfChula Vista be amended to provide that any person who is appointed to the office of Mayor or Council may not seek nomination and election to said offices of Mayor or Council until a period of one year from the termination of the appointed term has elapsed? Text: Sec. 300 Members. Eligibility and Terns.' D No person shall be eligible for nomination and election to the office of City Councilmember or Mayor for more than two (2) consecutive terms, and no person who has held a Council office for a period of two (2) consecutive terms or the office of Mayor for two (2) consecutive terms, may again seek nomination and election to said offices of Councilor Mayor respectively until a period of one (1) year from the termination of the second term for Councilmember or Mayor has elapsed; provided, however, that any person who is appointed by the Council to fill the office of Councilor Mayor mav not seek nomination and election to said offices of Councilor Mavor until a period of one vear from the termination of the appointed term has elapsed. Said appointee shall be eligible to seek nomination and election for two (2) full terms thereafter. Anv person elected in a special election for the balance of a regular term of Mayor andJor Council for a period of two (2) years odess Ip.ay seek nomination and election . for two (2) full terms thereafter. ATTACHMENT 1 12-2 Measure 2. Shall the Chula Vista Charter be amended to provide that an unanticipated vacancy in a Mayoral or Council seat, with more than two years remaining in the term, be filled at a special election, if there is two years or less in the term the Council shall have 45 days to make an appointment; if the Council fails to make such appointment it shall remain vacant or the Council may call a special election? Text: Section 303 C. Unanticipated Vacancies. Except under the circumstances hereinabove provided in paragraph B. the City Council shall fill such vacancy by election or appointment as set forth herein. I. If a vacancv is declared bv the Council with two (2) vears or less remaining in the term from the date of declaration. the Council shall within 45 days appoint a person to fill the vacant seat on the City Council. If the Council fails to fill the vacancy by appointment the Council mav call a special election. In the event Council shall make such an appointment. such an appointee office holder shall be entitled to hold office until a successor subsequently qualifies at the expiration ofthe remaining Councilor Mayoral term. If the Council is unable to make an appointment. the Council's power to appoint within 45 davs of declaration of vacancy is hereby terminated for the duration of such minimal remaining term. In such case the Council mav call a special election to fill the seat or the seat will remain vacant. The Council shall use good faith and best efforts to reach agreement on such an appointment. If the Council is unable to make an aPliointment during the allotted time. the Council's power to appoint is terminated. Notwithstanding any other requirement herein to the contrary for calling a special election to fill a vacancy. if. after the election results would be determined and the successful candidate seated. the remaining term of office would be nine months or less. the Council shall not call such special election. In such case. the Council shall comply with Section 303 (C) (1) if a successor to the seat has alreadv been determined bv election. Otherwise. the Councils power to appoint within 45 davs of declaration of vacancy is hereby extended for the duration of such minimal remaining term until filled. The Council shall use good faith and best efforts to reach agreement on such an appointment until thev have declared an impasse. after which they may allow the seat to remain vacant for the duration of such minimal remaining term. 2. If a vacancy declared bv the Council occurs with more than two (2) vears ATTACHMENT 2 12-3 remaining in the term from the date of said declaration. the Council shall call a special election to be held within ninety (90) days of the declaration of the yacancy. unless there is a regular municipal or statewide election scheduled to be held within 180 days of the declaration of the yacancy. If there is a regular municipal or statewide election scheduled to be held within 180 days of the declaration of the yacancy. the Council may consolidate the special election with that regular election. a. If one candidate receives the maiority of votes cast for all candidates in the special election. the candidate receiving the maiority of votes cast shall be deemed to be and declared by the Council to be elected to the vacant office. b. If no candidate receives a maiority of votes cast in the special election. a special run-off election shall be held within forty-nine (49) days of the first special election. unless there is regular municipal or statewide election scheduled to be held within ninety (90) days of the proposed special run-off election date. at which time the City Council mav consolidate the special run-off election with that regular election. The two (2) candidates receiving the highest number of votes cast for the vacant seat in the first special election shall be the only candidates for the vacant Council seat and the name of only those two (2) candidates shall be printed on the ballot for that seat. 12-4 Measure 3 . Shall the Chula Vista Charter be amended to provide that an unanticipated vacancy in a Mayoral or Council seat, with more than one year remaining in the term, be filled at a special election, if there is one year or less in the term the Council shall pave 45 days to make an appointment; if the Council fails to make such appointment it shall remain vacant until the next regularly scheduled election? Text: C. Unanticipated Vacancies. Except under the circumstances hereinabove provided in paragraph B. the City Council shall fill such vacancv bv election or appointment as set forth herein. 1. . If a vacancv is declared bv the Council with one (1) vear or less remaining in the term from the date of declaration. the Council shall within 45 davs appoint a person to fill the vacant seaton the City Council. In the event Council shall make such an appointment, such an appointee office holder shall be entitled to hold office until a successor subsequentlv qualifies at the expiration of the remaining Councilor Mavoral term. If the Council is unable to make an appointment, the Council's power to appoint within 45 davs of declaration of vacancv is herebv terminated for the duration of such minimal remaining term and the seat will remain vacant. The Council shall use good faith and best efforts to reach agreement on such an appointment. If the Council is unable to make an appointment during the allotted time. the Council's power to appoint is terminated. 2. If a vacancv declared bv the Council occurs with more than one (l) vear remaining in the term from the date of said declaration. the Council shall call a special election to be held within ninety (90) davs of the declaration of the vacancv. unless there is a regular municipal or statewide election scheduled to be held within 180 davs of the declaration of the vacancv. If there is a regular municipal or statewide election scheduled to be held within 180 davs of the declaration of the vacancv. the Council mav consolidate the special election with that regular election. a. If one candidate receives the maiority of votes cast for all candidates in the special election. the candidate receiving the maiority of votes cast shall be deemed to be and declared bv the Council to be elected to the vacant office. b. If no candidate receives a maiority of votes cast in the special election. a special run-off election shall be held within fortv-nine (49) davs of the first special election. unless there is regular municipal or statewide election scheduled to be held within ninety (90) davs of the proposed ATTACHMENT 3 12-5 special run-off election date. at which time the City Council mav - consolidate the special run-off election with that regular election. The two (2) candidates receiving the highest number of votes cast for the'vacant seat in the fIrst special election shall be the only candidates for the vacant Council seat and the name of only those two,(2) candidates shall be printed on the ballot for that seat. ,', 12-6 MEASURE 2 .v 2 years or less remaining in the term J Appoint in 45 days Yes, appointment made No, appointment not made Hold seat until next regular election Council may call election Seat remains vacant Ability to call election terminated if after election 9 months or less left in term ATTACHMENT 4 12-7 MEASURE 2 More than 2 years remaining in the term I Call election Election within 90 days Election within 180 days if combined with state election Majority vote required to win or run off election held 12-8 Yes, appointment made Hold seat until next regular election MEASURE 3 1 year or less remaining in the term Appoint in 45 days No, appomtment not made Seat remains vacant 12-9 MEASURE 3 More than 1 year remaining in the term Call election Election within 90 days Election within 180 days if combined with state election Majority vote required to win or run off election held 12-10 RESOLUTION NO 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE BALLOT QUESTIONS AND DIRECTING THE CITY ATTORNEY TO PREPARE THE IMPARTIAL ANALYSIS OF THREE PROPOSED CHARTER A1\1ENDMENTS, ONE TO SECTION 300D, AND TWO TO SECTION 303C, TO BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 7, 2006. WHEREAS, at its meeting on July 18, 2006, the City Council, after receiving a report from the Charter Review Commission and hearing public testimony, voted for the City Attorney to return to the Council with a resolution to place one amendment to Charter Section 300D and two amendments to Charter Section 303C on the November 7, 2006 ballot along with the proposed ballot questions; and WHEREAS, the proposed Charter amendment to section 300D modifies the eligibility requirements to prohibit an appointed mayor or councilmember from being eligible to run for the office until one year after termination of the appointed term; and WHEREAS, the other two Charter amendments modify section 303C regarding the filling of unanticipated vacancies. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does hereby approve the ballot questions and directs the City Attorney to prepare an Impartial Analysis of three proposed Charter Amendments, one to Section 300D, and two to Section 303C, to be submitted to the Electorate at the Special Municipal Election to be held on Tuesday, November 7, 2006. Presented by Approved as to form by ;:; ., J ':;1' /, ~" Ii ;,' () 1 Z '7?;;i<..C1'L--' i (2. 3.t; /kclY Ann oore Ci Attorney Ann Moore City Attorney J:\attomey\reso\amendments\Approvrng Charter Amendments 300D and 303C 12-11