HomeMy WebLinkAboutAgenda Packet 1999/08/03
AGENDA
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DATED. SIGNED ' ,"
August 3, 1999
CALL TO ORDER
1 ROLL CALL, Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton,
2, PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
3 SPECIAL ORDERS OF THE DAY
A Employee Recognition Award of the Month - Lorraine Kraker, Secretary to the
City Attorney
B Oath of Office:
Economic Development Commission (Ex-Officio) - Linda Baughman;
Human Relations Commission - Michael Palomo,
International Friendship Commission - Arturo Herrera; and
Veterans Advisory Commission - AY Casillas,
C Fran Larson, Chair, International Friendship Commission, will introduce 12
members of a sports delegation from Carcarana, Argentina,
D Joseph Parker, Chair of the San Diego County Water Authority, will introduce
Bob Campbell, Assistant to the General Manager, who will give a presentation on
Senate Bill 506 (peace) Water Rate Study
CONSENT CALENDAR
(Items 4 through 8)
The staff recommendations regarding the following items listed under the Consent
Calendar will be enacted by the Council by one motion, without discussion, unless
a Councilmember, a member of the public, or City staffrequests that the item be
removedfor discussion If you wish to speak on one of these items, please fill out a
"Request to Speak" form (available in the lobby) and submit it to the City Clerk
prior to the meeting Items pulled from the Consent Calendar will be discussed after
Action Items, Items pulled by the public will be the first items of business,
4 APPROVAL OF MINUTES of June 22, 1999 (Regular City Council Meeting) and June 22,
1999 (Adjourned Meeting of the Redevelopment Agency and City Council),
5 WRITTEN COMMUNICATIONS
A Letter from the City Attorney stating that the City Council did not meet in Closed
Session on July 27, 1999
Staff recommendation, The letter be received and filed,
Agenda
2
August 3, 1999
B Letter of resignation from the Mobilehome Rent Review Commission - Barbara A.
Worth.
Staff recommendation. The resignation be accepted with regret and the City Clerk
be directed to post immediately according to the Maddy Act in the Clerk's Office and
the Public Library
6 RESOLUTION ACCEPTING DONATION OF A HORSE TRAILER TO THE POLICE
DEPARTMENT RESERVE MOUNTED UNIT
The Police Department Reserve Mounted Unit recently received an unsolicited donation of
a two-horse trailer from Border Patrol Supervisor, Greg Terronis ofEl Cajon. The donation
was presented to the Mounted Unit for the use of trailering various Mounted Unit horses to
and from parades and various functions attended by the Mounted Reserve Unit.
Staff recommendation: Council adopt the resolution. (Chief of Police)
7.A. RESOLUTION APPROVING FINAL MAPS OF TRACT NUMBER 96-04, OTAY
RANCH, VILLAGE ONE, FORNEIGHBORHOODR-13, ACCEPTING ON BEHALF OF
THE CITY GENERAL UTILITY AND ACCESS EASEMENTS, AND WALL
EASEMENTS GRANTED ON SAID MAPS WITHIN SAID SUBDIVISION,
APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
B. RESOLUTION APPROVING SUPPLEMENT AL SUBDIVISION IMPROVEMENT
AGREEMENT FOR TRACT NUMBER 96-04, OTAY RANCH VILLAGE ONE,
NEIGHBORHOOD R-13, REQUIRlNG DEVELOPER TO COMPLY WITH CERTAIN
UNFULFILLED CONDITIONS OF RESOLUTION NUMBER 18398 AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The tentative map for Otay Ranch, Village One, and a portion of Village Five, was approved
by Council on November 19, 1996. Centex Homes requests that Council consider the
approval ofa Final "B" Map for Neighborhood R-13 within Village One, together with the
associated agreement for the "B" Map Neighborhood R-13 totals 88 single family units.
Staff recommendation. Council adopt the resolutions. (Director of Public Works)
8.A. RESOLUTION LEVYING THE ASSESSMENTS FOR FISCAL YEAR 1999/2000 FOR
COMMUNITY FACILITIES DISTRICTS 97-1, 97-2, 97-3, 98-1, AND 98-3
B RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, ACTING
AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NUMBER
98-3 (OPEN SPACE MAINTENANCE DISTRICT NUMBER 35 [SUNBOW II]),
MAKING AND ESTABLISHING CERTAIN INTERPRETATIONS REGARDING THE
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES WITHIN SUCH
COMMUNITY FACILITIES DISTRICT
Agenda
3
August 3, 1999
Six Community Facilities Districts were established during fiscal year 1998/1999 in the Otay
Ranch and Sunbow developments. Property owners must be assessed during fiscal year
1999/2000 in five of these districts in order to pay for the maintenance of open space and
preserve areas in Community Facilities Districts 97-1, 97-2, 98-1, and 98-3, and to begin
repaying bondholders in Community Facilities District 97-3
Staff recommendation: Council adopt the resolutions. (Director of Public Works)
ORAL COMMUNICATIONS
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as
required by law. If you wish to speak to any item, please fill out a "Request to
Speak" form (available in the lobby) and submit it to the City Clerk prior to the
meeting.
9 PUBLIC HEARING REGARDING THE PROPOSED ASSESSMENT OF CERTAIN
DELINQUENT SEWER SERVICE CHARGES AS LIENS UPON THE RESPECTIVE
PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE
NEXT REGULAR TAX BILL FOR COLLECTION
RESOLUTION ASSESSING DELINQUENT SEWER SERVICE CHARGES AS LIENS
UPON THE RESPECTIVE PARCELS OF LAND AND APPROVING PLACEMENT OF
DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL
This is to consider assessing delinquent sewer service charges as liens on the affected
properties.
Staff recommendation. Council adopt the resolution. (Director of Finance)
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial
discussions and deliberations by the Council, staff, or members of the public. The
items will be considered individually by the Council, and staff recommendations
may, in certain cases, be presented in the alternative. If you wish to speak on any
item, please fill out a "Request to Speak"form (available in the lobby) and submit
it to the City Clerk prior to the meeting.
1 0 RESOLUTION WAIVING THE CONSULTANT SELECTION PROCESS APPROVING
A SECOND AMENDMENT TO THE AGREEMENT WITH KIMLEY-HORN &
ASSOCIATES, INC., FOR PROFESSIONAL ENGINEERING SERVICES FOR A
FEASffiILITY AND FINANCING STUDY OF OLYMPIC PARKWAY AND
APPROPRIATING $161,304 FROM THE UNAPPROPRIATED BALANCE OF THE
TRANSPORTATION DEVELOPMENT IMPACT FEE FUND TO PROJECT STM-331
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT (4/STH'S
VOTE REQUIRED)
Agenda
4
August 3, 1999
The consultant, Kimley-Horn and Associates, has completed a feasibility and financing study
to construct Olympic Parkway from Oleander Avenue to one mile east of SR-125 and
identified project constraints and opportunities in terms of funding, traffic needs, timing,
phasing, environmental requirements and a comprehensive project schedule. Due to a need
to provide additional environmental services regarding the permitting and mitigation planning,
additional meetings wit staff and developers, additional landscape architectural design services
for further work on the landscape master plan to address safety concerns raised by
engineering staff, beyond the original scope of the contract and roadway alignment
alternatives due to environmental agency requests, it is necessary to extend the consultant's
contract.
Staff recommendation: Council adopt the resolution. (Director of Public Works)
11 RESOLUTION SUPPORTING AMENDMENTS TO SB 664 (ALPERT) SAN DIEGO
FERRY SERVICE. SAN DIEGO-CORONADO BRIDGE. SAN DIEGO
METROPOLlT AN TRANSIT DEVELOPMENT BOARD
Senate Bill 664 (Alpert) would reduce Chula Vista's allocation of Transportation
Development Act (TDA) funds by more than $1 million per year City staff has prepared
draft amendments to SB 664 which would alter the TDA allocation process and reduce City
funds by 1.3% of the amount currently received. Because support for a reduction in funds
is not covered by the City's adopted Legislative Program, the proposed amendment is being
brought forward to Council for consideration and conceptual approval..
Staff recommendation: Council adopt the resolution. (Legislative Committee)
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
12. CITY MANAGER'S REPORTS
A. Scheduling of meetings.
13 MAYOR'S REPORTS
14 COUNCIL COMMENTS
ADJOURNMENT to a Closed Session and thence to the Regular Meeting of August 10, 1999,
at 6'00 p.m. in the Council Chambers.
"I declare un:'er penalty of perJury that I am
em:;!o '0 ; b t"e ""j . 01 Chu~a Vista in the
O'b ,ce ::, :: j ; .. n I, 3t I posted
A 19 this P,_cn .;" i JJ i1 iile Ju'let'n Board at .
Tuesday, ugust 3, 99the Pu""c c: rv'c B I ,. ., <. '- Councll Chambers
~"OJ I S u. ,,'n'j an~ nail on . . ..
4:00 p.m. DATED, ':I~ SIGNED -<f' -.fublic Services BUlldmg
(immediately following the City ou eeting) ?
CHULA VISTA CITY COUNCIL CLOSED SESSION AGENDA
Effective April 1, 1994, there have been new amendments to the Brown Act. Unless the City
Attorney, the City Manager or the City Council states otherwise at this time, the Council will discuss
and deliberate on the following items of business which are permitted by law to be the subj ect of a
closed session discussion, and which the Council is advised should be discussed in closed session
to best protect the interests ofthe City The Council is required by law to return to open session,
issue any reports of final action taken in closed session, and the votes taken. However, due to the
typical length of time taken up by closed sessions, the videotaping will be terminated at this point
in order to save costs so that the Council's return from closed session, reports of final action taken,
and adjournment will not be videotaped. Nevertheless, the report of final action taken will be
recorded in the minutes which will be available in the City Clerk's Office.
CONFERENCE WITH LEGAL COUNSEL REGARDING - Significant exposure to
litigation pursuant to Government Code Section 54956.9(b)
. One case
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to
Government Code Section 54956.8
Property' 428 "F" Street, Chula Vista, California 91910. Assessor's Parcel
Number 568-181-34,35,36,37 (portion), 41 (portion).
Negotiating Parties: Security Trust Company and City ofChula Vista (Sid Morris).
Under Negotiations: Property Acquisition
July 28, 1999
FROM:
The Honorable Mayor and City Council .....(\1
David D Rowlands, Jr., City Manage~~ ~\.
City Council Meeting of August 3, 1999
TO'
SUBJECT.
This will transmit the agenda and related materials for the regular City Council meeting of
Tuesday, August 3, 1999 Comments regarding the Written Communications are as
follows:
5a. This is a letter from the City Attorney stating that the City Council did not meet in
Closed Session on July 27,1999.
IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED
5b. IT IS RECOMMENDED THAT BARBARA WORTH'S LETTER OF RESIGNATION
FROM THE MOBILEHOME RENT REVIEW COMMISSION BE ACCEPTED WITH
REGRET AND THE CITY CLERK BE DIRECTED TO POST IMMEDIATELY
ACCORDING TO THE MADDY ACT IN THE CLERK'S OFFICE AND THE PUBLIC
LIBRARY
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CllY OF
CHUlA VlSfA
OFFICE OFTHE CITY ATTORNEY
Date:
July 28, 1999
From
The Honorable Mayor and City Council
John M Kaheny, City Attorne~
Report Regarding Actions Taken in Closed Session
for the Meeting of 7/27/99
To:
Re:
The City Council of the City of Chula Vista did not meet in Closed
Session on 7/27/99.
The Redevelopment Agency of the City of Chula vista met in Closed
Session on 7/27/99 to discuss:
CONFERENCE WITH REAL PROPERTY NEGOTIATOR: .. Pursuant to Government
Code Section 54956.8:
Property:
Assessor's Parcel Number 565-310-09; 565-
310-25 (approximately 6.35 acres located
at the northwest corner of I-5 and E
Street)
Redevelopment Agency (Chris Salomone) and
City of San Diego
Price and terms for disposition
Negotiating Parties:
under Negotiation:
CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION: -
Pursuant to Government Code Section 54956.9(b).
Contemplated use of eminent domain by the City of San Diego
(Metropolitan Waste Water Department or its affiliates) to acquire
Agency owned property
The City Attorney hereby reports to the best of his knowledge from
observance of actions taken in the Closed Session in which the City
Attorney participated, that there were no reportable actions which
are required under the Brown Act to be reported.
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276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910. (619) 691-5037. FAX (619) 409-5823
@PoaI-consur'Mf~dPaper
RECEIVED
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CITY OF CHULA VIST ,
CITY CLERK'S OFFICi
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July 23, 1999
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Honorable Mayor Shirley Horton and Council Members
276 Fourth Avenue
Chula Vista, CA 91910
Dear Honorable Mayor Horton and Council Members:
It is with regret that I must resign my Mobilehome Rent Review Commission
membership. Thank you in advance for the opportunity in serving on the
Mobilehome Rent Review Commission.
;t2..,1 p al.7P
Barbara A, Worth
Commission Member
cc: City Clerk
Juan Arroyo, Housing Coordinator
ce.'
WRnTENCOMMUN'lCA TIONS
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COUNCIL AGENDA STATEMENT
Item~
Meeting Date: 08/03/99
REVIEWED BY:
Resolution Accepting Donation of a Horse Trailer
to the Police Department Reserve Mounted Unit.
Chief of Police ~ D ^
City Manage~~ ~\
(4/5 ths Vote: Yes _ No X)
ITEM TITLE:
SUBMITTED BY:
The Police Department Reserve Mounted Unit recently received an unsolicited donation
of a two-horse trailer from Border Patrol Supervisor, Greg Terronis of EI Cajon, CA. The
donation was presented to the Mounted Unit for the use of trailering various Mounted Unit
horses to and from parades and various functions attended by the Mounted Reserve Unit.
RECOMMENDATION:
That the City Council accept the horse trailer to be used by the Police Department Reserve
Mounted Unit and/or Animal Control Office.
DISCUSSION:
On January 20, 1999, the Chula Vista Mounted Police held its regular monthly meeting.
It was announced at that meeting that an individual, BP Supervisor Greg Terronis, wished
to donate a 2-horse trailer to the Chula Vista Police Department Mounted Unit. The trailer
will be used to trailer various horses to and from the various Mounted Patrol functions,
transportation of large livestock for Animal Control.
The Chula Vista Mounted Police represents the City throughout San Diego and Imperial
Counties. The unit participates in Parades, Special Functions, Search and Rescue and
Law Enforcement Activities. This is another example of the Police Department's
commitment to Maintaining a partnership with the community to meet contemporary and
future challenges.
FISCAL IMPACT:
The trailer will be fixed-up and repaired by local business donations and there will be no
cost to the City of Chula Vista.
h-/
RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ACCEPTING
DONATION OF A HORSE TRAILER TO THE
POLICE DEPARTMENT RESERVE
MOUNTED UNIT.
WHEREAS, the Chula Vista Mounted Police represents the City
throughout San Diego and Imperial Counties by participating in parades, special events,
search and rescue and law enforcement activities; and,
WHEREAS, a horse trailer would be useful to the Mounted Unit for
transporting horses to these events; and,
WHEREAS, Border Patrol Supervisor Greg Terronis has donated a 2-
horse trailer to the Mounted Unit; and,
WHEREAS, this trailer will be used to transport various horses to and from
the various Mounted Patrol functions as well as the transportation of large livestock for
Animal Control.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Chula Vista hereby accepts the donation of a 2-horse trailer to Mounted Police.
Approved as to form by:
Richard P. Emerson
Police Chief
n M. Kaheny
ity Attorney
J:\USRIADMIN\SCSIRESOS\trailer.doc
~-:<
COUNCIL AGENDA STATEMENT
Item
Meeting Date 8/ 3 / 99
/
ITEM TITLE:
A) Resolution Approving Final Map of Chula Vista Tract
No. 96-04 , Otay Ranch, Village One, for Neighborhood R-13 Accepting on
Behalf of the City of Chula Vista General Utility and Access Easements, and
Wall Easements Granted on said maps within said Subdivision and approving
the Subdivision Improvement Agreement for the completion of improvements
required by said subdivision, and authorizing the Mayor to Execute Said
Agreement.
B) Resolution Approving the Supplemental Subdivision
Improvement Agreement for Tract No. 96-04, Otay Ranch Village One,
Neighborhood R-13, requiring Developer to comply with certain unfulfilled
conditions of Resolution Number 18398 and authorizing the Mayor to Execute
Said Agreement.
SUBMITTED BY: Director of Public Works
REVIEWED BY: City Manage~ ~ (4/5ths Vote: Yes_NoX)
The tentative map for Otay Ranch, Village ~e an;: portion of Village Five (CVT 96-04) was
approved by the Council on November 19, 1996. Centex Homes requests that the City Council
consider the approval of a Final "B" Map for Neighborhood R-13 within Village One, together with
the associated agreement for the "B" Map. Neighborhood R-13 totals 88 single family units.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
RECOMMENDATION: That Council approve the Resolutions: A) approving the Final "B" Map
and the "B" Map Subdivision Improvement Agreements; and B) the Supplemental Subdivision
Improvement Agreements associated with these Final "B" Maps for Village One of the Otay Ranch
Project.
DISCUSSION:
On November 19, 1996, by Resolution No. 18398, the City Council approved a portion of the
Tentative Subdivision Map for Chula Vista Tract 96-04, Otay Ranch SPA One including all of Otay
Ranch Village One. On June 16, 1998, the City Council approved the Otay Ranch Village One" A"
Map by Resolution 19043 and the Supplemental Subdivision Improvement Agreement for that map by
Resolution 19044 ("A" Map Agreement). The Final "A" Map created "superblock" lot 20
corresponding to Tentative Map Neighborhood R-13. Neighborhood R-13 is located south of East
Palomar Street between Applegate Street and La Media Road in the McMillin Lomas Verdes Project.
This neighborhood is the fifth in the series of "B" Maps within Village One, SPA One. The
ownerlbuilder of this Neighborhood, Centex Homes, has executed a Subdivision Improvement
Agreement and has provided bonds to guarantee the construction of the public improvements within
this subdivision. A Supplemental Subdivision Improvement Agreement has been executed by the
owner and Otay Project, L.L.C., the Master Developer of Otay Ranch, Village One. The
supplemental agreement addresses off-site improvements within the adjacent public streets and those
public improvements identified in the Public Facility Finance Plan that are triggered by the approval
of these fmal maps.
?/I
Item
Meeting Date 813/99
The final map for this subdivision has been reviewed by the Public Works Department and the
Planning and Building Department and found to be in substantial conformance with the approved
Tentative Map. The approval of the map and associated agreements constitutes acceptance by the City
of all assignable and irrevocable general access and utility easements and wall easements granted
thereon.
The Developer has secured its share of the development portion of the Park Acquisition and
Development (PAD) fees for SPA One neighborhood and community parks. The Developer has
previously submitted an Irrevocable Offer of Dedication of Fee Interest for its portion of the land
acquisition obligation for community parks with the approval of the first final "B" Map in Village One
(Neighborhood R-3, approved 10/6/98, Resolution No. 19210). The Telegraph Canyon Drainage
Basin DlF in the amount of $56,802.49 has been paid. The Developer has bonded for and agrees to
complete all on and off-site street improvements required for the approval of these "B" Maps within
two years following map approval, or sooner if construction permits for the required improvements
have been issued.
All other applicable tentative map conditions have been met.
The conditions of approval of Resolution No. 18398 (Tentative Subdivision Tract No. 96-04) that are
satisfied by the Supplemental Subdivision Improvement Agreements (SSIA) are as follows: Nos. I,
3,4,5,8,9, 10, 11,21,22,27,86,99 and 103(e). The complete list of conditions of approval are
included as Schedule 1 of the SSIAs which is included as an attachment to the SSIA Resolution. None
of the provisions of the SSIAs included therein are considered to be substantive changes from the
tentative map conditions.
FISCAL IMPACT: None to the City Developer and/or builder has paid all costs associated with the
proposed "B" Maps and all Agreements associated therewith.
Attachments: 1. Minutes of 11/19/% (Resolution No. 18398)
2. Plats-Chula Vista Tract 96-04, Otay Ranch SPA One, Village I, Neighborhood R-13
H:IHOMEIENGINEERIAGENDAIOR-13 BMAP.doc
RT/rt
File No. Q600-80-0RI52F
July 19, 1999 (2:44PM)
?~2
Minutes
November 19. 1996
Page 4
ATTACHME),ll
Tnis being the time and place as advenised. the public hearing was declared open.
. Rod Davis. 233 Fourth Avenue, Chula Vista, CA, representing the Chula Vista Chamber of Commerce, supponcd
the 'blo,,'n"mt. The Chamber asks that Council and staff look into this issue next year in leI1IlS of competitiveness.
because it is sometimes not enough to maintain the rate if everybody else lowers theirs. There is a risk of losing
businesses because it suddenly becomes cbeaper to move next door.
Councilmember Rindone stated whether the business license is m.in,"in~-d, raised or lowered, the current scenario
limits the Council in realistic options. He requested bringing ba::k the master fee schedule for 1998 to reflect the
proposed rateS of 1992. whicb is the first year it was abated. He requested staff nOl only consider the abatement next
year. but to consider revamping so if there is an adjustment and a significant business up-turn, there is an option for
Council to reflect it in a modest rate adjustmenL
RESOLUTION 18501 OFFERED BY COUNCD..MEMBER RINDONE, reading of the text was waived, title
read, passed and approved nnRnimQusly. (11/19/96)
10. PUBLIC HEARING ZAV-96-12; APPEAL FROM
111###
PLA.1IlNING COMMISSION DENIAL OF A REQUEST FOR A V ARlANCE TO INCREASE THE HEIGHT
OF A ROOFTOP SIGN FROM 35 FEET TO 42 FEET FOR THE COMMERCIAL BUILDING LOCATED
AT 396 "E" STREET IN THE CoT THOROUGHFARE COMMERCIAL ZONE - MARTIN ALTBAUM - This
is an appeal from the Planning Commission' s denial of a request for a variance to allow the construction of a rooftop
sign to 42 feet in height for the commercial building located at 396 "E" Street, within the CoT Thoroughfare
Commercial zone. The C- T zone limits the height of rooftop signs to 35 feet above grade. At the reouest of the
~Dnlicant. stafT recommends that the DubUc hearin1J be continued to the mPP.tinf of 12/10/96. (Director of
Planning) (11/19/96)
MSC (Horton/Alevy) to continue to the meeting of 12/10/96, approved 4-0-0-1 with Rindone abstaining.
(11119/96)
I1.A. RESOLUTION 18416 APPROVING A RESOURCE
#1##11
CONVEYANCE AGREEMENT FOR THE OTAY RANCH SPA ONE, TRACT 96-04 - !This is a related item.
but does not reou;re a Dublic hearin!:) (11/19/96)
B. RESOLUTION 18417 APPROVING AN lNDEMl\'IFlCATION
#####
AGREEMENT WITH VilLAGE DEVELOPMENT FOR TRACT 96-04 - !This is a related item. but does not
reouire a Dubl;c hearin,,) (11/19/96)
~ C. PUBLIC HEARING PCS 96-04: CONSIDERATION OF A
#####
REVISED TENTAm'E SUBDIVISION MAP FOR THE OTAY RANCH SPA ONE, TRACT 96-04
GEJ\'ERALLY LOCATED SOUTH OF TELEGRAPH CANYON ROAD BETWEEN PASEO RANCHERO
AND THE FUTURE SR-125 ALIGNMENT AND EXCLUDING 288 ACRES IN ASSESSOR PARCEL
NUMBER (APN) 642-660-11 AND A PORTION OF APN 642-080-11 - Adopt a Second Addendum to FEIR 95-01
and recertify FEIR 95-01 and the First Addendum for the OlaY Ranch SPA One and Tentative Subdivision Map for
Village One and Phase I-A of Village Five of the OlaY Ranch SPA One. Chula Vista Tract 96-04, in accordance with
the fmdings and subject to the conditions contained in the draft resolution. Staff recommends approval of the
resolutions. (OlaY Ranch Manager) Continued from the meeting of 11/12/96. (11/19/96)
D. RESOLUTION 18398 ADOPTING THE SECOND
7--J
Minutes
November 19. 1996
Page 5
#####
ADDENDUM TO AND CERTIFYING FlN"AL ElIo'VIRONMENTAL IMPACT REPORT FEIR 95-01 (SCH
#95021012) AND FIRST ADDENDUM READOPTING THE STATEMENT OF OVERRIDING
CONSIDERADONS AND THE MlTIGADON MONITORING AND REPORTING PROGRAM FOR THE
FEIR AND APPROVING A REVISED TENTA11VE SUBDMSION MAP FOR PORDONS OF THE OTAY
RANCH SPA ONE, CHULA VISTA TRACT ~. AND MAKING THE NECESSARY FINDINGS AND
CON11NUlNG ALTERNAnvE TENTAnvE MAP PROPOSALS (1lI19/96)
Jerry Jamriska, Otay Ranch Special Projects Manager, gave a presentation regarding the Otay Ranch development.
Councilmember Rindone asked why was Section 7.1 of the agreement changed to reflect the B Map level, as it was
not recommended for any other developer.
Ann Moore, Acting City Attorney, said that condition of the development agreement was tied to the conditions of the
tentative map approval, such as Condition 108, which works hand in hand with one another. Bonding is required
when the improvements are triggered by the PFFP
Mr. J amriska stated the improvemem phasing schedule required to be submirted will identify all of the backbone
facilities, and before the City Fngin"'" approves the first fina1 B map, that condition will identify all the required
backbone facilities, as well as a pilln for the financing. The backbone facilities would not be triggered by the
conveyance of those lots to a differem property owner. The trigger points for the backbone facilities occur when the
fmal B map is requested.
John Lippitt, Director of Public Works, gave an example of EastLake Greens, that they came in with an overall A
map for the backbone streets and some of the backbone facilities. They were required to bond for those streets within
their facilities and were required to provide some off-site improvements. The City would have the right to withhold
building permits if they weren't done, and it was to COlIform wilh our level of service ordinance and the growth
m.n"V"''''''' ordinance. Those wouldn't have 10 be bonded umil such time as they were approaching those thresholds.
Mayor Horton dido't believe there was ever an effon to have the primaIy ilInd owners or developers sell at a particulat
stage, and as to what is currently being proposed, there was never a movement to do that with Eastlake or Rancho
del Rey, so it may not apply in this situation. She stated the concern was addressed in the repon when it talked about
the differem Stages; however, it is her understanding that staff incorporated the protections that the facilities will be
built.
Ms. Moore said Section 7.1 shifts the bond requiremem to the master builder, that they will be responsible for all the
backbone facilities regardless of the merchant builder. There would be a number of issues and concerns if we were
to require mercham builders coming in with small projects to build or constrUCt major backbone facilities. Section
7.1 puts it back to the master builder for their responsibility, and it is her understanding that bonding for the backbone
facilities has occurred at the A map Stage. In this case, it's being done at the B map stage. except for two
improvements that are listed in Condition J08.
Councilmember Moot asked if the merchant builders would provide the bonding or would Village Development obtain
the bonding before the City allows a sale to the merchant builders.
Mr Jamriska said there were four basic items that needed to be bonded prior to the first phase of the backbone
facilities, and it is anticipated it will be the requiremem of the master builders. All subsequem backbone facilities will
probably fall upon the burden of either the master builder andIor the merchant builders.
Councilmember Padilla didn't think there was a distinction there and as far as breaking down what the obligation level
would be at the guest builder level. You either have a complete obligation to guarantee 100 percent of the backbone
facilities at the A map stage or you have 100 percent transfer or relief of that obligation to the successors in interest.
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Minutes
November 19, 1996
Page 6
Ms. Moore said lbe bonding is lbe safest guarantee lbe Ci~' can have, and having lbe bonding at lbe A map stage is
a more secure position for lbe City 1han doing it at later stages.
Mr. Lippin said il was staff's opinion as long as lbere was a condition in lbere, lbey can'l do any B maps or any
developments because ibis has ro be resolved. II is a shift in time, but nOI a shift in development staging berween
Maps A and B.
Councilmember Rindone said if we change 1he time sequence of ibis and lbere is some question of responsibility lhar
when a merchanr builders comes in and cannot afford lhar, 1he master builder doesn'l have lbe responsibility. He did
not bear 1he assu'rance lhar 1he City increased its protection, because 1he merchant builders will nol have lbe resources
lbe master builders would have.
Mayor Horton said il was her understanding from lbe staff repon lhar il is 1he sole responsibility of Otay Ranch Ltd.,
or its successors in interest, to provide or finance lbe coSI of lbe backbone facilities required in any final map.
including bolb A and B maps.
Ms. Moore said it was correct and what staff could do 10 clarify it would be ro insen specific language in Seclion 7 1
lhal states 1hey shall provide lbe bonding.
Councilmember Padilla asked whal were some of lbe potential issues if lbe City allowed lbe bonding to be al lbe B
Iliap stage, as opposed ro lbe A map stage.
Ms. Moore said if you require lbe bonding at lbe A map stage, you have lbe bonding up front. If somelhing were
to happen to lbe master builder, we would have 1he boDding ro go after in order ro construct lbe improvements. If
we wait umillater stages, even though 1here is lhar provision in 1he agreement lhar deaIs wi1h its successors in interest,
lbere is always lbe potentiaIlhar we might nol be able 10 gel1he master builder ro actually construct lbe backbone
facilities, and we won'l have bonding at lhar point because il was done at a later Stage in development. We would
1hen try ro go ro 1he merchant builder, which would be difficull ro have 1he mercbant builder actually construct major
backbone facilities.
Counci1member Alevy said in reading lbe minutes of 1he Planning Commission, Councilmember-elect Mary Salas
eJqlressed 1he specific concerns lhar lbe master builder is forever obligated ro do lbe backbone infrastrucrure should
1hey nOI survive lienholders ro become obligated ro 1he backbone infrastructure, etc. and lbe timing is lbe issue we're
talking about, bUllbe reality is lhar lbe master builder is required ro be able ro bond 10 do lhal.
Counci!member Rindone said 1he requirements of funding lbe backbone facilities is a greater risk. In order to try 10
compensate lhar risk, we've put o1her safeguards in lbe agreement. Council has 1he responsibility 10 ensure lhat lbe
backbone facilities are buill. He did not see why lbe old rules were changed, because lbey worked well and provided
adequate safeguards. He said lbe bonom line is lhal wilb lbe size of lbe Otay Ranch and lbe projected buildoUI, we
don't have lbe assurance from lbe very front lhat lbe backbone infrastructures are in place, and it wili set lbe wrong
rone for ibis development. If we had required lbe bonding allbe very beginning as done in lbe past, we wouldn't have
to come up wilb all of lbese conditions.
Ms. Moore said according to lbe development agreement, if language is added to specifically deal wilb bonding, il
would require Village Development, and its successors in interest, to provide lbe bonding. There is also a provision
in 1he agreement lhar talks about subordination so it requires lbe lenders to subordinate to lbe development agreement.
II is not 1he same as having lbe bonding up front, but lbere is a provision lhat holds Village Development to provide
lbe facility and lbe bond.
Councilmember Padilla said ibis issue presented itself at lbe requesl of Village Development. There is a reason
economically why lbey wanl ro be able ro sell off parcels without making the guarantees up front on ibis size of a SPA
or allbe A Map stage, but the question is wOOlber that is what Council wantS. The question here is ibis was changed
at the request of lbe applicant, lbere are reasons for lbat and the queslion for Council is whether or nol when we get
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Minutes
November 19, 1996
Page 7
10 the development agreement and we look at the tentative maps, whether we will be satisfied, and we have enough
comfon with this level of a guarantee. There is no question that the manner in which staff is recommending is less
security 10 the City than if we required the bonds at the A map Slage.
. Kim Kilkenny, 11975 EI Camino Real, San Diego, CA, repI"""'"'rillg Village Developmems, stated that City staff
and Village Developmem staff put a 101 of time to ensure the problems that occum:d in St. Claire are not experienced
in Otay Ranch. Village Developmem is seeking to provide security consistem with the PFFP, and that is when a phase
of development requires an improvement in order to serve that phase, then adequate security has to be provided. The
deveJopmem agreement Slates that Village Development is the entity responsible. As a general rule when you have
a tentative map approved, and that's what Village Development is seeking in this hearing, there is not an obligation
in State law or Council policy that an applicant follow-up a teOlalive map approval with an A map. What is different
about this project is through the development agreement came a proposal from staff that Village Developmeot be
required to do an A map on the whole of the SPA, village by village. If you look at the conditions of approval, they
have to be bonded at the twice their estimate, which is $160 million. If Council were to pursue the common practice
of allowing Village Developmems to dn A maps on a lesser area, Village Developments would be willing to provide
the security on the improvements associated with that lesser area. If they dn an A map on the whole of the village
or an A map on the whole of the SPA, then the bonding security requirements becomes burdensome because the
tentative map is so large. If you look at the whole of development agreemeot in conjunction with the teotative map
requirements, the City is assured that facilities will be built in a timely manner, the St. Claire experience will nOl
re-occur, and the cost of the facilities will be equitably shated amongst all benefiting properties in the project.
Councilmember Rindone asked if staff considered Mr. Kilkenny's suggestion of the A map for a small ponion of the
project to ensure the backbone facilities were pan of the A map.
Counci1member Moot stated staff's proposal was a better guarantee for the City.
Mr. Lippitt replied it was correct. Staff tried to come up with a m""h.n;<1D that would meet the developer's needs
and also assure the City's compliances.
Richatd Rosaler, Senior Planner, continued staff s presentation regarding the Otay Ranch project.
This being the time and place as advenised, the public hearing was declared open.
. Williatn Liebennan, 852 Blackwood Road, Chula Vista, CA, Director of Planning and Operations with the
Metropolitan Transit Development Board, supponed the project. He expressed concerns relating 10 guarded entries
and densities in the villages.
. Rick Williams, 3130 Bonita Road, Chula Vista, with Point Builders, spoke on behalf of West Coast Land Fund,
owner of the 288-acre parcel spanning Villages I and 5. West Coast suppons staff's recommendation, although they
would like to perhaps build the concept to defer any approvals in Village 5 unti1 the City, West Coast, and Village
Development have an opponunity to meet and explore issues.
. Kim Kilkenny, representing Village Development, supponed staff's recommendation with the exception of
modifying a portion of the tentative map in Village 5 to encompass all of their ownership in Village 5, with the
exception of two specific parcels.
. . · Councilinember Padilla left the dais at 11:11 p.m. . . .
. Kent Dayden, 11975 EI Camino Real, San Diego, CA, representing Village Developments, gave a presentation
regarding Dtay Ranch and referred to the report by Village Development.
Mr. Kilkenny concluded with the issue of the scope of the tentative map. He indicated Village Development suppons
staff recommendation with the single modification that the scope of the tentative map should include Village
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Minwes
November 19, 1996
Page 8
Developments ownership in Village 5, except for twO parcels that immediately abut West Coast property which is
Parcel R-29 and Parcel P-3. West Coast has previously indicated they would like to flip a school or park onto our
ownership. The portion of the property in R-29 and P-3 which should be excluded from the map is approximately
10 to 15 acres, an ample size to flip those kinds of uses, not that they are accepting or advocating that, but at least
it provides the possibJlJty.
There being no further speakers, the publlc hearing was closed.
COlJDcilml'Omher Moot expressed concern of the practical effects of delaying the bonding until the B map level. He
asked what assurances were in place that the backbone infraslIUCtures would be constructed.
Mr. Kilkenny answered that the developmem agreement contains a statement that until released by the City Council,
Village Development is obligated to provide for the backbone infrastructure. The development agreement also
requires the provision of a subordination agreement by the lender on the property in the event they take title to the
property, they are bound by the provisions of the developmem agreement, including the backbone provision. There
are a couple of levels of assurances in this project. The City of Chula Vista has a vel)' aggressive development impact
fee program and each building permit that goes through the process has to pay for those development impact fees for
a whole array of facilities, and the City will constantly have the flow of revenue to make sure each individual parcel
pays for its fair share of the facilities. What both the developmem agreement and tenraIive map have are requirements
that security be in place through bonding, but there are other =-"h.n;<m. to ensure completion of the facility in a
timely manner.
Counci1member A1evy asked why the project did not include speed bumps, because it was different from the policy
Council enacted in recent months.
Mr. Jamriska explained the speed bumps were not provided in response to requests by the Fire Chief and Chief of
Police who felt any impediment to the traffic flow would hinder their quick response.
Counci1member A1evy asked staff to address the impact of MSCP on a County-wide basis on this particular project,
and what are the impacts of Proposition 218 on this project.
Mr. Lippitt said one impact would be if we had the open space district to maintain the open space around the village.
If there are gated communities, evetything private within the gated community would be lll.;n,.;n,..d by the
homeowners' association, and it would not be regulated at all by Proposition 218. For the portion probably along the
slopes of Telegraph Canyon Road and Orange Avenue with issues such as drainage, those could be and probably
would fall under the provisions of Proposition 218 which means the initial hearing would be set up before people
moved in. If the people had already moved into the project before the assessments, there would have to be a vote.
Councilmember Moot expressed concern about guarded communities. He did not favor staffs recommendation and
doesn't see the big difference whether it has a gate or guard, because the concept is still the same. He could not see
valid reasons to restrict any citizen in the City of Chula Vista from driving in and around this particular area.
Councilmember Rindone was concerned that guarded or gated communities sends the inappropriate message of what
this project was originally conceived to be. When you have artificial barriers and even the insinuation of those
barriers, even if they are guards that are not there during the day, it creates a difference sense of ambiance. We want
to have the presence this is a good community and all parts have good protection and safety, not just those who can
afford to be in the single-fanti1y or higher residential facility. He did not favor guarded communities in any form.
Mayor Honon indicated that gated communities were common, and there were two areas in Rancho del Rey which
Council did not oppose. There are mobile home parks behind gates, because it is the lifestyle the particular mobile
home parks wanted. She doesn't think it is exclusive; it is a choice and marketing tool for this project.
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Minutes
November 19, 1996
Page 9
Councilmember A1evy referred tc an anicle "The Next Eden," from California Lawver magazine that talked about
the benefits of having gated communities. Earlier this evening CotmCiI spoke at length regarding section 7.1 of the
development agreemem and the bacIcbone infrastrUcmres, and it was clear that CotmCiI did not want to create a
simation in this developmem that was not required of other developments. He intli,.""ec:! we need to turn that around
with respect to gates, because we have allowed gates in other parts of the City. We have private single-family
residence developmems with gateS in both EastIake am.! Rancho Del Rey, and he stated Council should be consistent.
If we are going to hold Rancho del Rey and EastIake tc the same requirements on other issues as Village
Development, then we should be consistent and do the same with giving them the opportunity from a marketing
standpoint to allow guarded portions of their developmem.
MSC (HortonlAlevy) to allow gate closures from dusk to dawn, failed 2-2-1 with Moot and Rindone opposed
and Padilla absent. (11/19/96)
MSC (A1evylBnrton) to allow some facilities gnarded from dusk to dawn, approved 3-1-1, with Rindone opposed
and Padilla absent. (11/19/96)
RESOLUTIONS 18416, 18417 AND 18398 OFFERED BY COUNCJLMEMBER RINDONE, with the exception
of taking the issue of the bonding separate which is Item 12, approved 4-0-1 with Padilla absent. (11/19/96)
12. PUBLIC HEARING ADOPTING OTAY RANCH
#####
PRE-ANNEXATION DEVELOPMENT AGREEMENT WITH VILLAGE DEVELOPMENT - An amendment
tc the development agreement tc further guarantee infrastructure improvemems where the developer wants to create
parcels for sale prior to fin.1i7;,,& the final subdivision map. The "",,,,,t1m!!l]t also addresses furore problems with
regard to any debt payment that might be levied to make public improvements or should developmem be only partially
completed on any particular project due to any stoppage of work especially due to a bankruptcy action. Staff
recommends Council place the ordinance on first reading. (Deputy City Manager, Planning Director, and Otay Ranch
Manager) Continued from the meeting of 11/12/96. (1lI19196)
ORDINANCE 2691 AMENDING OTAY RANCH PRE-ANNEXATION
#####
DEVELOPMENT AGREEMENT BETWEEN OTAY RANCH, L.P., A CALIFORNIA LIMITED
PARTNERSHIP, VILLAGE DEVELOPMENT, A CALIFOR.lI<<A GENERAL PARTNERSHIP, AND THE
CITY OF CHULA VISTA (first readin,,) (11/19/96)
ORDINANCE 2691 OFFERED BY COUNCILMEMBER MOOT, including adding the bonding language to
section 7.1, approved 3-1-1 with Rindone opposed and Padilla absent. (11/19/96)
ORAL COMMUNICATIONS
#####
. Bill Brasher, 1755 Old Gillette Avenue, Irvine, CA, representing Baldwin Builders, gave an update with the St.
Claire Crossing development. (11/19/96)
BOARD AND COMMISSION RECOMMFJWA TIONS
None submitted.
ACTION ITEMS
13. RR<:OLUTlON 18494 DISSOLVING THE COUNCIL
#####
APPOINTED INTERIM BECA BOARD - On 8122/95, Council approved an Interim BECA Advisory Board
represented by 11 organizations/individuals. These organizations/individuals were recommended by staff to provide
a mix of public and private entities who are stakeholders in the regional BECA alliance. The Board's contributions
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FINAL MAPS OF CHULA
VISTA TRACT NO. 96-04, OTAY RANCH, VILLAGE
ONE, NEIGHBORHOOD R-13, ACCEPTING ON BEHALF OF
THE CITY OF CHULA VISTA GENERAL UTILITY AND
ACCESS EASEMENTS, AND WALL EASEMENTS GRANTED
ON SAID MAPS WITHIN SAID SUBDIVISIONS, '"
APPROVING THE SUBDIVISION IMPROVEMENT
AGREEMENTS FOR THE COMPLETION OF IMPROVEMENTS
REQUIRED BY SAID SUBDIVISIONS, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENTS
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista hereby finds that certain map survey
entitled Chula vista Tract 96-04, OTAY RANCH, VILLAGE ONE, SPA ONE
NEIGHBORHOOD R-13, and more particularly described as follows:
Parcel 3 according to parcel map thereof No.
18234, Chula vista Tract No. 96-04 Otay Ranch,
Village One in the City of Chula vista, County
of San Diego, State of California, filed in
the office of the County Recorder of San Diego
County on April 13, 1999.
Area: 12.405 Acres
Numbered Lots: 88
Open Space Lots: 0.175
No. of Lots: 98
Lettered Lots: 10
Acres
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED, said Council hereby accepts on
behalf of the City of Chula vista sixty-two (62) foot wide general
utility and access easements within over and around Lot "An for
installation of public utilities, noting that use of said general
utility and general access easements by others is subject to
written permission and issuance of an Encroachment Permit from the
City of Chula vista, and two (2) foot wide wall access and
maintenance easements, all as shown on this map within this
SUbdivision, subject to the conditions set forth thereon.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula vista be and she is hereby authorized and directed to endorse
upon said map the action of said Council; that said Council has
approved said subdivision map, and that those certain easements
with the right of ingress and egress for general utility, and
general access, as granted thereon and shown on said map within
1
7/1-/
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said subdivision, are accepted on behalf of the City of Chula vista
as herein above stated.
BE IT FURTHER RESOLVED that city Clerk be and she is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the
for the completion of improvements in said subdivision, copy of
which is on file in the office of the city Clerk is hereby
approved.
Presented by
Approved as to form by
John P. Lippitt
Director of Public Works
J~~~
City Attorney
H:\Home\Attorney\ResO\R-13
2
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Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
(~A/rE~ IItJI'1G5
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of ____
, 199_, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and CENTEX HOMES,
5962 La Place ct., suite 250, Carlsbad, CA 92008, hereinafter
called "Subdivider" with reference to the facts set forth below,
which Recitals constitute a part of this Agreement;
RECITALS:
WHEREAS, Subdivider is about to present to the City Council of
the City of Chula Vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as Otay
Ranch, Village 1, Neighborhood R-13 (CVT 96-04) pursuant to the
provisions of the Subdivision Map Act of the State of California,
and in compliance with the provisions of Title 18 of the Chula
vista Municipal Code relating to the filing, approval and
recordation of subdivision map; and
WHEREAS, the Code provides that before said map is finally
approved by the Council of the City of Chula Vista, Subdivider must
have either installed and completed all of the public improvements
and/or land development work required by the Code to be installed
in subdivisions before final maps of subdivisions are approved by
the Council for purpose of recording in the Office of the County
Recorder of San Diego County, or, as an alternative thereto,
Subdivider shall enter into an agreement with City, secured by an
approved improvement security to insure the performance of said
work pursuant to the requirements of Title 18 of the Chula Vista
Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the public improvements and/or
land development work required in said subdivision within a
definite period of time prescribed by said Council; and
1
?;9 -:3
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter into
this agreement wherein it is provided that Subdivider will install
and complete, at Subdivider's own expense, all the public
improvement work required by City in connection with the proposed
subdivision and will deliver to City improvement securities as
approved by the city Attorney; and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subject to certain requirements and conditions, as
contained in Resolution No. 18398, approved on the 19th day of
November, 1996 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared and submitted to the City Engineer, as
shown on Drawings Nos. 99-222 through 99-229 on file in the office
of the city Engineer; and
WHEREAS, an estimate of the cost of constructing said public
improvements according to said plans and specifications has been
submitted and approved by the city in the amount of six Hundred
Sixty One Thousand Three Hundred Ninety Nine Dollars and Ninety Two
Cents ($661,399.92).
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an
obligation the burden of which encumbers and runs with the land,
agrees to comply with all of the terms, conditions and requirements
of the Tentative Map Resolution; to do and perform or cause to be
done and performed, at its own expense, without cost to City, in a
good and workmanlike manner, under the direction and to the
satisfaction and approval of the city Engineer, all of the public
improvement and/or land development work required to be done in and
adjoining said sUbdivision, including the improvements described in
the above Recitals (" Improvement Work"); and will furnish the
necessary materials therefor, ",-11 in strict conformity and in
accordance with the plans and specifications, which documents have
heretofore been filed in the Office of the City Engineer and as
described in the above Recitals this reference are incorporated
herein and made a part hereof.
2. It is expressly understood and agreed that all monuments
have been or will be installed within thirty (30) days after the
completion and acceptance of the Improvement Work, and that
S1:lbdivider has installed or will install temporary street name
signs if permanent street name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will
cause all necessary materials to be furnished and all Improvement
2
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Work required under the provisions of this contract to be done on
or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform
said Improvement Work as set forth hereinabove, or that portion of
said Improvement Work serving any buildings or structures ready for
occupancy in said subdivision, prior to the issuance of any
certificate of clearance for utility connections for said buildings
or structures in said subdivision, and such certificate shall not
be issued until the City Engineer has certified in writing the
completion of said public improvements or the portion thereof
serving said building or structures approved by the city; provided,
however, that the improvement security shall not be required to
cover the provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the City of Chula Vista, and the laws of the State of California
applicable to said work
6. Subdivider further agrees to furnish and deliver to the
city of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of Three Hundred Thirty Thousand six Hundred Ninety Nine Dollars
and Ninety six Cents ($330,699.96) which security shall guarantee
the faithful performance of this contract by Subdivider and is
attached hereto, marked Exhibit "A" and made a part hereof
7. Subdivider further agrees to furnish and deliver to the
city of Chula Vista simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of Three Hundred Thirty Thousand six Hundred Ninety Nine Dollars
and Ninety six Cents ($330,699.96) to secure the payment of
material and labor in connection with the installation of said
public improvements, which security is attached hereto, marked
Exhibit "B" and made a part hereof and the bond amounts as
contained in Exhibit "B", and made a part hereof.
8. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of Seventeen Thousand Six Hundred Forty Thousand and No Cents
($17,640.00) to secure the installation of monuments, which
security is attached hereto, marked Exhibit "C" and made a part
hereof.
3
7/1---5'
9 It is further agreed that if the Improvement Work is not
completed within the time agreed herein, the sums provided by said
improvement securities may be used by City for the completion of
the Improvement Work within said subdivision in accordance with
such specifications herein contained or referred, or at the option
of the City, as are approved by the City Council at the time of
engaging the work to be performed. Upon certification of
completion by the City Engineer and acceptance of said work by
city, and after certification by the Director of Finance that all
costs hereof are fully paid, the whole amount, or any part thereof
not required for payment thereof, may be released to Subdivider or
its successors in interest, pursuant to the terms of the
improvement security. Subdivider agrees to pay to the City any
difference between the total costs incurred to perform the work,
including design and administration of construction (including a
reasonable allocation of overhead), and any proceeds from the
improvement security.
10. It is also expressly agreed and understood by the parties
hereto that in no case will the city of Chula Vista, or any
department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any
officer, his sureties or bondsmen, be liable for the payment of any
sum or sums for said work or any materials furnished therefor,
except to the limits established by the approved improvement
security in accordance with the requirements of the State
Subdivision Map Act and the provisions of Title 18 of the Chula
Vista Municipal Code.
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection,
materials furnished and other incidental expenses) incurred by City
in connection with the approval of the Improvement Work plans and
installation of Improvement Work hereinabove provided for, and the
cost of street signs and street trees as required by City and
approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map,
with City a sum of money sufficient to cover said cost
12. It is understood and agreed that until such time as all
Improvement Work is fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public improvements
for a period of one year from date of final acceptance and correct
any and all defects or deficiencies arising during said period as
a.result of the acts or omission of Subdivider, its agents or
employees in the performance of this agreement, and that upon
acceptance of the work by city, Subdivider shall grant to City, by
appropriate conveyance, the public improvements constructed
pursuant to this agreement; provided, however, that said acceptance
4
74 -- t-
shall not constitute a waiver of defects by City as set forth
hereinabove.
13. It is understood and agreed that City, as indemnitee, or
any officer or employee thereof, shall not be liable for any injury
to person or property occasioned by reason of the acts or omissions
of Subdivider, its agents or employees, or indemnitee, related to
this agreement. Subdivider further agrees to protect and hold the
city, its officers and employees, harmless from any and all claims,
demands, causes of action, liability or loss of any sort, because
of or arising out of acts or omissions of Subdivider, its agents or
employees, or indemnitee, related to this agreement; provided,
however, that the approved improvement security shall not be
required to cover the provisions of this paragraph. Such
indemnification and agreement to hold harmless shall extend to
damages to adjacent or downstream properties or the taking of
property from owners of such adjacent or downstream properties as
a result of the construction of said subdivision and the public
improvements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow,
modification of the velocity of the water, erosion or siltation, or
the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of
plans providing for any or all of these conditions shall not
constitute the assumption by City of any responsibility for such
damage or taking, nor shall city, by said approval, be an insurer
or surety for the construction of the subdivision pursuant to said
approved improvement plans. The provisions of this paragraph shall
become effective upon the execution of this agreement and shall
remain in full force and effect for ten (10) years following the
acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless
the city or its agents, officers, and employees from any claim,
action, or proceeding against the City or its agents, officers, or
employees to attack, set aside, void, or annul, an approval of the
City, advisory agency, appeal board, or legislative body concerning
a subdivision, which action is brought within the time period
provided for in section 66499.37 of the Government Code of the
State of California.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
(NEXT PAGE IS SIGNATURE PAGE)
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SIGNATURE PAGE TO SUBDIVISION IMPROVEMENT AGREEMENT
OTAY RANCH, VILLAGE 1,
NEIGHBORHOOD R-13 (CVT 96-04)
CENTEX HOMES, A MM'IPA ~ ~~
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THE CITY OF CHULA VISTA
Mayor of the City of Chula
vista
ATTEST
City Clerk
Approved as to form by
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City t rney ~
(Attach Notary Acknowledgment)
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LIST OF EXHIBITS
Exhibit "A"
Improvement Security - Faithful Performance:
Form:
Bond
Amount:
$330,699.96
Exhibit "B"
Improvement Security - Material and Labor:
Form:
Bond
Amount:
$330,699.96
Exhibit "C"
Improvement Security - Monuments:
Form:
Bond
Amount:
$17,640.00
Securities approved as to form and amount by
~d}n r~
City Attorney
Improvement Completion Date: Two (2) years from date of City
Council approval of the Subdivision
Improvement Agreement
H:\home\attorney\sia\Villl.R13
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of California
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Document Date: '7 I / 1 . q cr
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR TRACT NUMBER 96-04,
OTAY RANCH VILLAGE ONE, NEIGHBORHOOD R-13,
REQUIRING DEVELOPER TO COMPLY WITH CERTAIN
UNFULFILLED CONDITIONS OF RESOLUTION NUMBER
18398 AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
WHEREAS, the developer of Neighborhood R-13 in Village
One and a portion of Village Five of the Otay Ranch Project has
executed a Supplemental Subdivision Improvement Agreement (SSIA) in
order to satisfy Conditions of Resolution No. 18398 for Chula vista
Tract No. 96-04.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve the Supplemental
Subdivision Improvement Agreement for Chula Vista Tract No. 96-04,
Otay Ranch Project, Village One and a portion of Village Five,
Neighborhood R-13, a copy of which is on file in the office of the
City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Agreement for and on behalf of the City of Chula vista.
Presented by
Approved as to form by
John P. Lippitt
Director of Public Works
~~~
city Attorney
H:\Home\Attorney\Reso\R-13.Sup
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Jt:.ly 19, 1999
RECORDING REQUEST BY
City Clerk
WHEN RECORDED MAIL TO:
CITY OF CHllLA 1.'J:STA
276 Fourth Avenue
Cbula Vista, CA 91910
Developer
CEAITE,c $IIIE5
&TAY PI2DJR-~ LLC
Above Space for Recorder's Use
SUPPLEMENTAL SUBDMSION IMPROVEMENT AGREEMENT
FOR THE FIFTIi FINAL "B" MAP OF VILLAGE
ONE OF THE OTA Y RANCH PROJECT, NEIGHBORHOOD R-13
(Conditions: 1,3,4,5,8,9, 10, 11,21,22,27,86 and 103(e) of
Resolution No. 18398)
This Supplemental Subdivision Improvement Agreement ("Agreement") is made this day
of August, 1999, by and between THE CITY OF CHULA VISTA, California ("City" or "Grantee"
for recording purposes only) and the signators of this Agreement, ("Developer" or "Grantor"), with
reference to the facts set forth below, which recitals constitute a part of this Agreement:
RECITALS
A. This Agreement concerns and affects certain real property located in Chula Vista, California,
more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property").
The Property is part of the Otay Ranch, Village One SPA One, a master planned development. For
purposes of this Agreement the term "Project" shall also mean "Property". Developer has applied
for final maps for the Property, more specifically known as Neighborhood R-13.
B. Otay Ranch L.P. conveyed title of the Project area to South Bay Project, LLC, a Delaware
limited liability company on August 26, 1997, which in turn conveyed the Property, except for SPA
One Planning Area R-20, to Otay Project LLC, ("Otay Project"), a venture jointly owned by South
Bay Project, LLC, a Delaware limited liability company and Otay Ranch Development, LLC, a
Delaware limited liability company; and
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Otay Project sold SPA One Planning Area R-I to UDC Homes, DMElAEW Land Holdings
Two LLC, which conveyed to Shea Land Holdings, LLC, an Arizona limited liability company,
(Shea Homes); and
Otay Project sold SPA One Planning Area R-2 to Standard Pacific Corp" a Delaware
corporation on January 2, 1998; and
Otay Project sold SPA One Planning Area R-3 to Centex Homes, a Nevada general
partnership on January 2, 1998; and
Otay Project sold SPA One Planning Area R-4 to DMB/AEW Land Holdings Two LLC,
which conveyed to Shea Homes (Shea Homes); and
Otay Project sold SPA One Planning Area R-5 to Standard Pacific Corp., a Delaware
corporation on January 2, 1998; and
Otay Project sold SPA One Planning Area R-8 to Centex Homes, a Nevada general
partnership on April 7, 1998, and
Otay Project sold SPA One Planning Area R-6 to Trimark Pacific-LXX, LLC, a California
limited liability company on July 9, 1998; and
Otay Project sold SPA One Planning Area R-7 which conveyed to Shea Homes (Shea
Homes); and
Otay Project sold SPA One Planning Area R-9 to PHI Otay Ranch Associates LLC, a
Delaware limited liability company on June 26, 1998; and
Otay Project sold SPA One Planning Area R-14 to PHI Otay Ranch Associates LLC, a
Delaware limited liability company on June 26,1998; and
Otay Project sold SPA One Planning Area R-I0 to DMB/AEW Land Holding Two LLC,
which conveyed to Shea Homes (Shea Homes); and
Otay Project sold SPA One Planning Area R-12 to Centex Homes, a Nevada general
partnership on July 1, 1998; and
Otay Project sold SPA One Planning Area R-13 to Centex Homes, a Nevada general
partnership in July I, 1998.
C. Whereas Otay Project, L.L.C. is the master developer who has obligated itself to construct
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public improvements under the terms of the Tentative Subdivision Map and the Re-stated and
Amended Pre-Annexation Development Agreement. (Ordinance No. 2695)
D. Developer and/or Developer's predecessor in interest has applied for and the City has
approved a Tentative Subdivision Map commonly referred to as Chula Vista Tract 96-04 ("Tentative
Subdivision Map") by Resolution No. 18398 ("Resolution") for the subdivision of the Property
subject to certain conditions as more particularly described in the Resolutions. The conditions are
attached hereto as Schedule" 1 ".
E. City is willing, on the premises, security, terms and conditions herein contained to approve
final map of the property known as Neighborhood R-13, as being in substantial conformance with
the Tentative Subdivision Map described in this Agreement. Developer understands that subsequent
final maps may be subject to the same security, terms and conditions contained herein.
F. The following defined terms shall have the meaning set forth herein, unless otherwise
specifically indicated:
a. For purposes of this Agreement, "Final Map" means the final map for
Neighborhood R-B ofOtay Ranch Village One, SPA One.
b. "commencing construction" means when a construction permit or other such
approval has been obtained from the City or a construction contract has been awarded for the
improvement, whichever occurs first.
c. "complete construction" means when construction on said improvement has
been completed and the City accepts the improvement.
d. "Developer" means Otay Project, L.L.C. and any and all owners of real
property within the boundaries of the Property, and all signatories to this Agreement including:
i.) Otay Project, L.L.C.
ii.) Centex Homes
e. "guest builder" means those entities obtaining any interest in the Property or
a portion of the Property, after the Final Map has been recorded.
f. "PFFP" means the SPA I Public Facilities Finance Plan adopted by
Resolution No. 18286 as may be amended from time to time.
g. "RMP 2" means the Otay Ranch Resource Management Plan, Phase 2,
approved by the City Council on June 4,1996, as may be amended from time to time.
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h. ""A" Map Agreement" means the Supplemental Subdivision Improvement
Agreement for the Village One "A" Map adopted by Resolution No. 19044.
i. "First Final "B" Map Agreement" means the Supplemental Subdivision
Improvement Agreement for the Village One Neighborhood R-3 Map adopted by Resolutlon No.
19212.
j. "Second Final "B" Map Agreement" means the Supplemental Subdivision
Improvement Agreement for the Village One Neighborhoods R-l, R-2, R-4 and R-5 Maps adopted
by Resolution No. 19235.
k. "Third Final "B" Map Agreement" means the Supplemental Subdivision
Improvement Agreement for the Village One NeighboIhoods R-6, R-9 and R-14 Maps adopted by
Resolution No. 19436, and Neighborhood R-8 Map adopted by Resolution No. 19434.
1. "Fourth Final "B" Map Agreement" means the Supplemental Subdivision
Improvement Agreement for the Village One Neighborhoods R-7 and R-IO Maps adopted by
Resulution No. 19476.
NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein
contained, the parties agree as set forth below.
1. Performance Obligation. Otay Project, LLC, signator to this Agreement,
represents to the City that it is acting as the master developer for this Project and expressly assumes
performance of the obligations set forth in paragraphs 7 and 8 of this Agreement. Notwithstanding
the foregoing, all parties to this agreement acknowledge and agree that all such obligations remain
a covenant rnnn;ng with the land as set forth more particularly in paragraph 2 below. The City in its
discretion will make a good faith effort to execute on bonds securing the obligations contained herein
to the extent necessary to complete any unfulfilled obligations of the master developer.
2. Agreement Applicable to Subsequent Owners.
a. Agreement Binding Upon Successors. This Agreement shall be binding upon
and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the
Property until released by the mutual consent of the parties.
b. Agreement Runs with the Land. The burden of the covenants contained in this
Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and
any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own
right and for the purposes of protecting the interest of the community and other parties public or
private, in whose favor and for whose benefit of such covenants running with the land have been
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provided without regard to whether City has been. remained or are owners of any particular land or
interest therein. If such covenants are breached, the City shall have the right to exercise all rights
and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to
enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the
covenants may be entitled.
Co Developer Release on Guest Builder Assignments. If Developer assigns any
portion of the Project to a guest builder, Developer may request to be released from Developer's
obligations under this Agreement, that are expressly assumed by the guest builder. Developer must
obtain the written consent of the City 10 such release. Such assignment 10 the guest builder shall,
however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant
running with the land. The City shall not withhold its consent 10 any such request for a release so
long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes
the obligations of the Developer under this Agreement, and demonstrates, to the satisfaction of the
City, its ability to perform its obligations under this Agreement as it relates to the portion of the
Project which is being acquired by the Assignee.
d. Partial Release of Developer's Assignees. If Developer assigns any portion of
the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee,
the City shall release the assignee of the Burden of this Agreement as to such assigned portion if
such portion has complied with the requirements of this Agreement to the satisfaction of the City
and such partial release will not, in the opinion of the City, jeopardize the likelihood that the
remainder of the Burden will not be completed.
e. Release of Individual Lots. Upon the occurrence of any of the following events,
Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's
designee), have the right to release any lot(s) from Developer's obligation under this Agreement:
i. The execution of a purchase agreement for the sale of a residential lot
to a buyer of an individual housing unit;
ii. The conveyance of a lot to a Homeowner's Association.
The City shall not withhold its consent to such release so long as the City finds in good faith that
such release will not jeopardize the City's assurance that the obligations set forth in this Agreement
will be performed. At the request of the Developer, the City Manager (or Manager's designee) shall
execute an instrument drafted by Developer in a recordable form acceptable to the City Manager (or
Manager's designee) which confirms the release of such lot or parcel from the encumbrance of this
Agreement.
Notwithstanding the foregoing, i) at the close of an individual homeowner's escrow, or ii)
conveyance to a homeowner's association of any lot or parcel encumbered by this Agreement, such
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lot or parcel shall be automatically released from the encumbrance hereof.
3. Condition No.1 - (General Preliminary). In satisfaction of Condition No.
1 of the Resolution, Developer hereby agrees, to comply with the requirements and guidelines of the
Parks, Recreation, Open Space and Trails Plan, Public Facilities Finance Plan ("PFFP"), Ranch Wide
Affordable Housing Plan, SPA One Affordable Housing Plan, and the Non-Renewable Energy
Conservation Plan, as may be amended from time to time, and shall remain in compliance with and
implement the terms, conditions and provisions of said documents.
4. Condition No.3 - (General Preliminary). In satisfaction of Condition No.
3 of the Resolution, Developer agrees that if any of the terms, covenants or conditions contained
within the Resolution shall fail to occur or if they are, by their terms, to be implemented and
maintained over time, if any of such conditions fail to be so implemented and maintained according
to their terms, the City shal1 have the right to deny the issuance of building permits for the Project,
deny, or further condition the subsequent approvals that are derived from the approvals herein
granted, institute and prosecute litigation to compel their compliance with said conditions or seek
damages for their violation. The applicant shall be notified ten (10) days in advance prior to any of
the above actions being taken by the City and shall be given the opportunity to remedy any
deficiencies identified by the City within a reasonable period oftime.
5. Condition No.4 - (General Preliminary) In satisfaction of Condition No.
4 of the Resolution, a.) Otay Project, LLC agrees to indemnify, protect, defend and hold the City
harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising
from challenges to the Environmental Impact Report for the Project; and b.) Developer agrees to
indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities
and costs, including attorney's fees, arising from challenges to any and all entitlements and
approvals issued by the City in connection with the Project.
6. Condition No.5 - (General Preliminary). In satisfaction of Condition No.
5 of the Resolution, Developer hereby agrees, that Developer shall comply with all the applicable
SPA conditions of approval.
7. Condition Nos. 8, 9, 10 and 11 - (Conveyance Obligation). In partial
satisfaction of Condition Nos. 8, 9,10, and 11, the Developer agrees as follows:
a. The Developer provided the City with Irrevocable Grant of Fee Title, of 266.6
acres of real property in accordance with the RMP 2, a portion of which (12.405 acres) is intended
to satisfy the particular acreage conveyance obligation of the Final Map at a rate of I 188 acres of
conveyance per acre of area within the Final Map, as of the date of this Agreement. But such
obligation may be subject to change in accordance with paragraph "7 .c.". Any remaining amount
shall be credited towards any future map obligations. A summary of the conveyance and a copy of
the Irrevocable Grant of Fee Title are attached as Exhibit "B" of this agreement. The original
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Irrevocable Grant of Fee Title shall be recorded concurrently with this Agreement.
b. That such dedicated property shall be granted in fee title to the City and County
of San Diego as joint tenants and subject to the approval of the Preserve Owner/Manager. Should
the Preserve OwnerlManager not approve this conveyance, Developer agrees to convey equivalent
real property that complies with this provision.
Co That Developer shall convey additional real property if necessary in order to
comply with the conveyance formula described in RMP 2, as may be amended by City. Developer
acknowledges that the amended RMP 2 may contain a conveyance formula greater than 1.188 acres
per developable acre.
d. That all land to be conveyed as described above shall be free and clear of liens and
encumbrances except for easements for existing public infrastructure and other easements approved
by the City or for planned public infrastructure as permitted in the RMP, Phase 2. Developer further
agrees to pay all taxes and assessments as they came due as to the land to be conveyed until title has
legally transferred to the City and County of San Diego.
e. Developer acknowledges that property within the boundaries of the "A" Map
which will be the subject of future final maps may have conveyance obligations to fulfill for all
development areas, including applicable streets, open space lots, paseos, pedestrian parks and slope
areas shown on the "A" Map.
8. Condition No. 21 and 22 - Street and Public Improvements. In partial
satisfaction of Condition Nos. 21 and 22 of the Resolution, the Developer agrees as follows:
8.a Improvement Work. Developer agrees to construct the street improvements and land
development work in and adjoining said subdivision and as shown on the Drawings set forth on
Exhibits "C" ("Street and Public Improvements"), at its own expense, without any cost to the City,
in a good and workmAnlik:e manner, under the direction and to the satisfaction and approval of the
City Engineer. Developer further agrees to furnish the necessary materials therefore, all in strict
conformity and in accordance with the plans and specifications, which documents have heretofore
been filed in the Office of the City Engineer and by this reference are incorporated herein and made
a part hereof. Developer shall complete construction of the Street Improvements on or before the
earlier of the second anniversary date of Council approval of this Agreement or, if prior to Council
approval of this agreement, a construction permit was issued for any portion of said Street
Improvement, then construction on that portion for which a permit was issued shall be completed
on or before the second anniversary date of issuance of said permit It is expressly understood and
agreed to by Developer that, in the performance of construction of said Street Improvements,
Developer shall conform to and abide by all of the provisions of the ordinances of the City ofChula
Vista, and the laws of the State of California applicable to said work.
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S.b. Bonding.
i. Developer agrees to furnish and deliver to the City of Chula Vista.
simultaneously with the execution of this Agreement, and to thereafter maintain until City
acceptance of the work referenced herein, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sums as set forth on ExhiBit "C",
which security shall guarantee the faithful performance in connection with the installation of the
Street Improvements as shown on Exhibit "C".
ii. Developer agrees to furnish and deliver to the City of Chula Vista
simultaneously with the execution of this Agreement, and to thereafter maintain until City
acceptance of the work referenced herein, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sums as set forth on Exhibit "C" to
secure the payment of material and labor in connection with the installation of said Street
Improvements, which security is shown on Exhibit "C".
iii. Developer acknowledges and agrees that if the Street Improvements are
not completed within the time agreed herein, the sums provided by said improvement securities may
be used by City for the completion of the Street Improvements in accordance with those approved
plans and specifications contained on Exhibit "C", or at the option of the City, for those
improvements shown on Exhibit "c" that are less than, but not greater to, the sums provided by said
improvement securities. Upon certification of completion by the City Engineer and acceptance of
said work by City, and after certification by the Director of Finance that all costs hereof are fully
paid, the whole amount, or any part thereof not required for payment thereof; may be released to the
Developer or its successors in interest, pursuant to the terms of the improvement security. Developer
agrees to pay to the City any difference between the total costs incurred to perform the work,
including limited and reasonable design and administration of construction in substantial confor-
mance with the approved plans (including a reasonable allocation of overhead), and any proceeds
from the improvement security.
S.c. Developer's Costs and Expenses. It is also expressly agreed and understood by
the parties hereto that in no case will the City of Chula Vista, or any department, board or officer
thereof; be liable for any portion of the costs and expenses of the work aforesaid, nor shall the City
or the City's officer, sureties or bondsmen, be liable for the payment of any sum or sums for said
work or any materials furnished therefor.
S.d. Plan Check fees and Additional Costs. It is further understood and agreed by
Developer that any engineering costs (including plan checking, inspection, materials furnished and
other incidental expenses) incurred by City in connection with the approval of the Street
Improvements plans and installation of Street Improvements described above, as required by City
and approved by the City Engineer shall be paid by Developer, and that Developer shall deposit,
prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost.
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8.e. Maintenance Costs. Developer understands and agrees that until such time as
all of the Street Improvements as covered by any particular bond are fully completed and accepted
by City, Developer shall be responsible for the care, maintertance of, and any nllmllge to, such streets
and any alleys, easements, water and sewer lines. It is further understood and agreed that Developer
shall guarantee all of the Street Improvements for a period of one year from date of final accl!ptance
and correct any and all defects or deficiencies arising during said period as a result of the acts or
omission of Developer, its agents or employees in the performance of this Agreement, and that upon
acceptance of the work by City, Developer shall grant to City, by appropriate conveyance, the public
improvements constructed pursuant to this agreement; provided, however, that said acceptance shall
not constitute a waiver of defects by City as set forth hereinabove.
8.f. Indemnification. Developer further understands and agrees that City, (as
"Indemnitee") or any officer or employee thereof, shall not be liable for any bodily injury, death, or
property damage, including thereto hazardous materials and property takings claims occasioned by
reason of the acts omissions of Developer, its subcontractors or suppliers, its agents or employees,
or Indemnitee (which are not the result of Indemnitee's sole negligence or willful misconduct),
related to the construction of the Street Improvements. Developer further agrees to defend,
indemnify, protect and hold the Indemnitee, its officers and employees, harmless from any and all
claims, demands, causes of action, liability, costs and expense (including without limitation,
reasonable attorney's fees) or loss for bodily injury, death or property damages, including thereto
hazardous materials and property takings claims because of or arising out of Developer's
construction of the Street Improvements or the acts or omissions of Developer, its subcontractors
or suppliers, its agents or employees, or Indemnitee, related thereto; provided, however, that
Developer shall have no obligation to indemnify, defend, protect or hold Indemnitee or any officer
or employee thereof harmless from any such losses, claims, demands, causes of action, liability,
nllmllges, costs or expenses which arise out of the sole negligence or willful misconduct of the
Indemnitee or any officer or employee thereof. Developer further agrees to defend, indemnify,
protect and hold the Indemnitee, its officers and employees, harmless from any and all claims,
demands, causes of action, liability, cost and expense (including without limitation, reasonable
attorney's fees) made or incurred by such third parties pursuant to or arising out of contracts entered
into by such third parties with or on behalf of Developer or its successors, assigns or agents
concerning construction of the Street Improvements provided, however, that Developer shall have
no obligation to indemnify, defend or hold Indemnitee or any officer or employee thereof harmless
from any such losses, claims, demands, nllmllges, causes of action, liability, costs and expenses to
the extent that they have arisen due to the sole negligence or willful misconduct of Indemnitee or
any officer or employee thereof. The improvement securities referred to above shall not cover the
provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to
damages to adjacent or downstream properties or the taking of property from owners of such
adjacent or downstream properties as a result of construction of the Street Improvements as provided
herem. It shall also extend to damages resulting from diversion of waters, change in the volume of
flow, modification of the velocity of the water, erosion or siltation, or the modification of the point
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of discharge as the result of construction of the Street Improvements. The approval of plans for the
Street Improvements shall not constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer or surety for said work and related
improvements. The provisions of this paragraph shall become effective upon the execution of this
Agreement and shall remain in full force and effect for ten (10) years following the acceptance by
the City of the Street Improvements.
9. Condition No. 27 - (Street Trees). Otay Project, LLC, acting as the master
developer for this Project, expressly assumes the overall responsibility for Condition No. 27.
Additionally, Developer assumes specific responsibility for Condition No. 27 for its particular
neighborhood as follows: In partial satisfaction of Condition No. 27 of the Resolution, Developer,
upon request of the Director ofP]llnni"g and Building, shall plant within all street parkways trees
which have been selected from the revised list of appropriate tree species described in the Village
Design Plan which shall be approved by the Directors of Planning and Building and Public Works.
The applicant shall provide root control methods per the requirements of the Director of Planning
and Building and a deep watering irrigation system for the trees. An irrigation system shall be
provided from each individual lot to the adjacent parkway.
Developer shall obtain approval from the Director of Planning and Building and the City
Engineer of a separate street tree improvement plan which includes the final selection of trees, the
location of trees within the parkway, and in relation to water laterals, sewer laterals, dry utilities,
driveways, inlets and pedestrian ramps, within thirty (30) days of the approval of the Final Map.
Developer understands that the City may withhold the issuance of building permits within the Final
Map if the street tree improvement plan is not approved within said thirty (30) day period.
10. Condition No. 86 - Perimeter Wan Maintenance. In partial satisfaction
of Condition No. 86 of the Resolution, the Developer shall, simultaneously with the execution of this
Agreement, submit for approval by the City Engineer and Director of Building and Planning, a
Notice of Disclosure to future owners of those portions of private street Lot 'A' named "Greenfield
Court" and "Grayson Court" and residential Lots 33 through 37, 39, 40, 46, 47, 58 through 62 and
73 within the project stating that the perimeter wall located between said lots and the adjacent open
space parcels are within their property line. The Notice of Disclosure shall also state that said
perimeter wall shall not be removed, painted, supplemented or altered in any way and shall be
maintained at the property owner's sole cost in the manner provided in the standards for maintenance
and repair as set forth in the Declaration of Covenants, Conditions and Restrictions of Otay Ranch
Village One. This Notice of Disclosure shall be signed by each future property owner and also be
recorded with the Grant Deed of each of said lots as a Covenant of Restriction as to the maintenance
and future disposition of the perimeter wall.
11. Condition No. 103(e) - Cable Television. In partial satisfaction of
Condition No.1 03(e) of the Resolution, the Developer understands and agrees that cable television
companies franchised by the City of Chula Vista may place conduit within the City easements and
10
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provide cable television service for lots within the Final Map area, as described on Exhibit A.
Developer agrees to comply with all rules, regulations, ordinances and procedures regulating and
affecting the operation of cable television within Chula Vista. Developer further acknowledges and
agrees that Developer will not in any way impair or interfere with City's use of City's easements as
described herein.
12, Satisfaction of Conditions. City agrees that the execution of this
Agreement constitutes satisfaction of Developer's obligation of Conditions: 1, 2, 3, 4 and 5 of the
Resolution and partial satisfaction of Condition Nos. 8, 9, 10, 11,21, 22, 27, 86 and 103(e).
Developer further understands and agrees that some of the provisions herein may be required to be
performed or accomplished prior to the approval of other final maps for the Project, as may be
appropriate.
13. Unfulfilled Conditions. Developer hereby agrees, unless otherwise
conditioned, that Developer shall comply with all un:fuJfilled conditions of approval of the Tentative
Map, established by the Resolution and shall remain in compliance with and implement the terms,
conditions and provisions therein.
14. Previous Agreements. The Developer acknowledges that nothing in this
Agreement shall supersede, nullify or otherwise negatively impact the terms of the "A" Map
Agreement or all prior "B" Map Agreements, unless specifically noted herein. This Agreement
affirms and reflects the terms, conditions and provisions of the "A" Map Agreement, the First Final
"B" Map Agreement, the Second Final"B" Map Agreement, the Third Final "B" Map Agreement,
the Fourth Final "B" Map Agreement and of the Tentative Map 96-04 conditions applicable
specifically to the Final Map for the Property.
15. Recording. This Agreement, or an abstract hereof shall be recorded
simultaneously with the recordation of the Final Map.
16. Building Permits. Developer understands and agrees that the City may
withhold the issuance of building permits and all other permits for the entire SPA One project area,
should the Developer be determined by the City to be in breach of any of the terms of this
Agreement. The City shall provide the Developer of notice of such determination and allow the
Developer reasonable time to cure said breach. Developer further acknowledges and agrees that the
City may withhold building permits within the Final Map as defined herein if the required public
facilities for SPA One, as defined in the PFFP or as amended by the Annual Monitoring Program
or otherwise conditioned, have not been completed or constructed to the satisfaction of the City.
17.
Miscellaneous.
a. Notices. Unless otherwise provided in this Agreement or by law, any and all
notices required or permitted by this Agreement or by law to be served on or delivered to either party
11
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shall be in writing and shall be deemed duly served, delivered, and received when personally
delivered to the part)' to whom it is directed, or in lieu thereof, when three (3) business days have
elapsed following deposit in the U.S. mail, certified or registered mail, rerum receipt requested.
first-class postage prepaid, addressed to the address indicated in this Agreement. A party ma)'
change such address for the purpose of this paragraph by giving written notice of such change to the
other party.
CITY OF CHULA VISTA
276 Fourth Avenue
ChuIa Vista, CA. 91910
Attn: Director of Public Works
Otay Project, LLC
350 West Ash Street, Suite 730
San Diego, CA 92101
Attn: Kim John Kilkenny
Fax (619) 234-4088
South Bay Project, LLC
191 West Wilbur Road, Suite 102
Thousand Oaks, CA 91360
Attn: David Green
Fax (805) 379-4472
Centex Homes
5962 La Place Court, Suite 250
Carlsbad, CA. 92008
Attn.: Bruce Sloan
A party may change such address for the purpose of this paragraph by giving written notice of such
change to the other party in the manner provided in this paragraph.
b. Captions. Captions in this Agreement are inserted for convenience of reference
and do not define, describe or limit the scope or intent of this Agreement or any of its terms.
c. Entire Agreement. This Agreement contains the entire agreement between the
parties regarding the subject matter hereof. Any prior oral or written representations, agreements,
understandings, and/or statements shall be of no force and effect. This Agreement is not intended
to supersede or amend any other agreement between the parties unless expressly noted.
d. Preparation of Agreement. No inference, assumption or presumption shall be
drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be
12
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conclusively presumed that both parties participated equally in the preparation and/or drafting this
Agreement.
e. Recitals; Exhibits. Any recitals and exhibits set forth above are incorporated
by reference into this Agreement.
f. Attorneys' Fees. If either party commences litigation for the judicial
interpretation, reformation, enforcement or rescission hereof: the prevailing party will be entitled to
a judgment against the other for an amount equal to reasonable attorney's fees and court costs
incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the
relief sought.
[NEXT PAGE IS PAGE ONE OF SIGNATURE PAGES]
H:\SharedlAnomeylssiaORRI3.doc
13
7fJ -It(
PAGE ONE OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT NEIGHBORHOOD R-13 OF THE OTAY RANCH,
VILLAGE ONE SPA ONE]
CITY OF CHULA VISTA
Mayor of the City ofChula Vista
Attest:
Susan Bigelow
City Clerk
Approved as to Form:
/12 <rm ~
J~~eny
City Attorney
DATED:
, 1999
[NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES]
14
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[PAGE TWO OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION
IMPROVEMEJ';'T AGREEMEJI.'T NEIGHBORHOOD R-B OF THE OT A Y RA.1'I/CH,
VILLAGE ONE SPA ONE)
DEVELOPER:
OTA Y PROJECT,LLC,
a Delaware limited liability company
By: Otay Ranch Development, LLC,
a Delaware i. iability Company
By:
Its:
Date: 7('"'/Z;/tj7
CENTEX HOMES,
a Nevada General Partnership
By: Centex Real Estate Corporation,
a Nevada Corporation
Its M~g Gr7~Partner
By: ~~ Date: 7/19/?9
Its: v{~_ ~,';;JEM
,
DATED:
,1999
(ATTACH NOTARY ACKNOWLEDGMENTS)
15
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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OPTIONAL
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Description of Attached
Title or Type of Document:
Document Date:
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@ 1997 National Notary Association' 9350 De Sote Ave., P.O. Box 2402 . Chatsworth. CA 91313-2402
Prod. No. 5907
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List of Exhibits
Exhibit A
Legal Description of Property
Exhibit B
Preserve parcels and conveyance summary
Exhibit C
Street and Public Land Development
Improvements
16
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EXHIBIT "Au
DESCRIPTIONS OF PROPERTY OF FINAL MAPS
FOR NEIGHBORHOOD R-13
PARCEL 3 OF PARCEL MAP NO. 18234, IN THE CITY OF CHULA VISTA, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF COUNTY
RECORDER OF SAN DIEGO ON APRIL 13, 1999.
78-/t
EXHIBIT "B"
Preserve Conveyance
Irrevocable Grants of Fee Title
78-;20
EXlllBIT "c"
STREET and PUBLIC LAND DEVELOPMENT IMPROVEMENTS
CHULA VISTA TRACT NO 96-04
VILLAGE ONE, SPA ONE
Phase 1B and 4 Grading and $4,550,000 3SM913 1/15/99 98-809
Drainage 78600 to
98-852
Phase 1B and 4 Landscape and $2,459,690 3SN9166 1/15/99 98-1212
Irrigation 2300 to
98-1273
East Palomar St.. $1,754,637 3SM915 3/4/99 98-686
Street Improvements 7900 to
98-699
East Palomar St.. $1,665,532 3SM917 6/24/99 99-58
Landscape Improvements 05300 to
99- 93
Santa Alicia A venue: Backbone $384,564 3SM917 4/5/99 98-1291
Improvements 17900 to
98-1296
Santa Lucia/Santa Madera $665,205 3SM916 1/21/99 98-660
Avenue: 41600 to
Backbone Improvements 98-666
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
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capacity~, and that by his/heFltReir
signatureW on the instrument the person(af, or
the entity upon behalf of which the person,Vr1
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WITNESS my hand and official seal.
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Place Notary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document -
Title or Type of Document: '6ufr(ommfff 0 ,'6uh\ }v\.b.i'M lrvL-p' ~+-. R -I~
Document Date: '1. I q Q'1 Number of Pages: I q
Signer(s) Other Than Named Above:
i:J 1997 National Notary ASSOCiation 9350 De Soto Ave., P.O Box 2402 Chatsworth, CA 91313-2402
Prod. No. 5907
Reorder: Call TolI.Free 1-BOo.876-6827
71J'--~2
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COUNCIL AGENDA STATEMENT
Item 1
Meeting Date 8/3/99
ITEM TITLE:
Resolution Levying the assessments for Fiscal Year 1999-2000
for Community Facilities Districts 97-1,97-2,97-3,98-1 and 98-3
Resolution Acting as the legislative body of Community
Facilities District 98-3 (Open Space Maintenance District No. 35 [Sunbow
II]) Making and establishing certain interpretations regarding the rate and
method of apportionment of special taxes within such Community Facilities
District
SUBMITTED BY:
orks ~
REVIEWED BY:
(4/5ths Vote: YecNoX)
This item will be delivered under separate cover.
H:\HOMEIENGINEERIAGENDA \CFD.FP
[-0
COUNCIL AGENDA STATEMENT
Item t
Meeting Date 8/3/99
ITEM TITLE:
Resolution Levying the assessments for Fiscal Year 1999-2000 for
Community Facilities Districts 97-1,97-2,97-3,98-1 and 98-3
Resolution Acting as the legislative body of Community Facilities
District 98-3 (Open Space Maintenance District No. 35 [Sunbow II])
Making and establishing certain interpretations regarding the rate and method
of apportionment of special taxes within such Community Facilities District
SUBMITTED BY: Director of Public Works ~
REVIEWED BY, City """g~ ~ ~ ('''lb. Yo'"~ YK-",oXl
Six Community Facilities Districts (CFDs) were established during Fiscal Year 1998-99 in the Otay
Ranch and Sunbow developments. Property owners must be assessed during Fiscal Year 1999-2000
in five of these districts in order to pay for the maintenance of open space and preserve areas in
CFDs 97-1, 97-2, 98-1 and 98-3, and to begin repaying bondholders in CFD 97-3.
RECOMMENDATION: That Council authorize the levy of assessments for Fiscal Year 1999-
2000 for CFDs 97-1, 97-2, 97-3, 98-1 and 98-3 and establish certain interpretations regarding the
rate and method of apportionment of special taxes within CFD 98-3
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
During Fiscal Year 1998-99, the following Community Facilities Districts were formed in the Otay
Ranch and Sunbow II areas. The ordinances which initially authorized the levy of Special Taxes
are cited.
1 CFD 97-1 Open Space Maintenance District (Otay Ranch - SPA One, Villages I & 5) -
Levy of Special Tax authorized by Ordinance 2755 on October 13, 1998 (Attachment A)
2. CFD 97-2: Preserve Maintenance District (Otay Ranch) - Levy of Special Tax authorized by
Ordinance 2756 on October 13, 1998 (Attachment B)
3 CFD 97-3 Bond Issue for Acquisition of Public Facilities (Otay Ranch McMillin SPA One)
_ Levy of Special Tax authorized by Ordinance 2768 on January 5, 1999 (Attachment C)
4 CFD 98-1 Interim Open Space Maintenance District (Otay Project, LLC-OVP, Villages 1
West, 2, 2 West, 6, 7 & Planning Area 12) - Levy of Special Tax authorized by Ordinance
2757 on October 13,1998 (Attachment D)
g-/
Page 2, Item_
Meeting Date 8/3/99
5 CFD 98-2: Interim Open Space Maintenance District (McMillin - D.A. America, Otay - SPA
Two, Villages 6& 7) - Levy of Special Tax authorized by Ordinance 2758 on October 13,
1998 (Attachment E)
6. CFD 98-3 Open Space Maintenance District No. 35 (Sunbow II) - Levy of Special Tax
authorized by Ordinance - Special Tax levied by Ordinance 2745 on September 8, 1998
(Attachment F)
The only Community Facilities District which involves a bond issue is CFD 97-3 Although the
District was established on November 24, 1998 and the levy of the Special Tax authorized on
January 5, 1999, the issue of bonds was not approved until June 22, 1999 by Resolution 19503
(Attachment G). A bond issue amount of $12,260,000 was authorized, out of which $10,850,000
would finance the construction of public facilities serving the McMillin Otay Ranch area and the
balance of which would provide for a reserve fund and pay district formation and bond issuance
costs. The Official Statement was issued the week of July 12, with the actual bond issue taking
place the week of July 19 It is necessary to begin billing property owners during Fiscal Year 1999-
2000 because the first payment of interest on the bonds is due March I, 2000 (after revenue would
begin coming in from the tax bills). Administration costs for Fiscal Year 1999-2000 are projected
to be $18,756.20 and bond repayment costs are $862,431.82.
Community Facilities Districts 97-1, 98-1 and 98-2 all relate to maintenance of open space within
the Otay Ranch development. CFD 97-1, which provides open space maintenance for Otay Ranch
SPA One Villages One and Five, is broken down into 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 and channels; and pedestrian bridges. Area B, which excludes
the McMillin development, includes maintenance of connector trails, slopes and perimeter walls or
fences along major streets in the district. A budget has been prepared for this District (totaling
$199,145 for Area A and $190,236 for Area B) which includes those areas which the City will begin
maintaining during the latter half of Fiscal Year 1999-2000.
Community Facilities Districts 98-1 and 98-2 were set up as interim districts because the areas of
Otay Ranch included are not developed and the density of development was not yet known at the
time that the districts were established. They cover maintenance of portions of the parkways and
medians along Telegraph Canyon Road, Paseo Ranchero and Olympic Parkway and Telegraph and
Poggi Canyon detention basins and channels. Since a portion of the open space along Telegraph
Canyon Road included in CFD 98-1 will be turned over to the City for maintenance during the latter
half of Fiscal Year 1999-2000, the budget was set at $15,940 and billing will commence this fiscal
year. None of the improvements in CFD 98-2 are expected to be turned over to the City for at least
two years, so this district will not be billed for Fiscal Year 1999-2000.
Community Facilities District 98-3 provides revenue for open space maintenance in the Sunbow II
development. This includes maintenance of street medians, parkways, slopes, and drainage channels
f)-z,
Page 3, Item_
Meeting Date 8/3/99
and basins, and biological monitoring of native and revegetated open space. A total budget of
$285,427 was projected for Fiscal Year 1999-2000.
The Engineer's Report for CFD 98-3 requires the collection of an Extraordinary Special Tax if the
Maximum Special Tax Revenue that can be collected from any developed SPA planning area is less
than the special tax payable based on the original Engineer's Report as amended by the annual
escalation factors. The difference between these numbers is known as the Special Tax Deficiency
This deficiency can occur for developed areas where the number of units and! or acres on the
approved final map is less than the number of unitsl acres included in the Public Facilities Financing
Plan and the Engineer's Report for CFD 98-3.
The Villa Serena development, which comprises Planning Area 6 in Phase I-A, has only 40 of its
multiple family units in CFD 98-3. Since the number of units in the Engineer's Report is 78, there
is a Special Tax Deficiency. For Fiscal Year 1999-2000, the Special Tax Deficiency for Planning
Area 6 is $13,184.27. The Extraordinary Special Tax for this amount, based on the present value
at 5.5 % interest over a term of 50 years, is $223,229 70.
In performing the Extraordinary Special Tax Calculations for this District, the City staff, special
counsel and the special tax consultant for the District have discovered that certain provisions of the
Special Tax formula require clarification. The recommended clarifications and interpretations of
the Rate and Method of Apportionment section of the Engineer's Report are provided in Attachment
H.
Community Facilities District 97-2 provides for maintenance and biological monitoring of the
preserve created in the Otay Ranch area. It is anticipated that the County of San Diego will take the
lead in maintaining this area in cooperation with the City Based on the Engineer's Report and the
spreadsheet estimating the first year's monitoring costs, a maintenance budget of $33,839 and a
monitoring budget of $112,580 has been included for Fiscal Year 1999-2000.
The Engineer's Reports for CFDs 97-1, 97-2, 98-1 and 98-3 require the establishment of a reserve
in the funds established for each district of up to 100 percent of the total 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. The budgets for CFDs 97-1, 98-1 and 98-3 have a built-in reserve
because open space areas in these districts will not be accepted for maintenance until after January
2000. A large reserve is necessary for Fiscal Year 1999-2000 because there is no money in any of
the funds at this time and because most of the budgets will increase at a rate greater than the inflation
rate during the next few years due to a increase in the amount of open space maintained by the
District each year.
According to the Engineer's Reports for CFDs 97-1, 97-2, 98-1 and 98-3, the maximum Special Tax
Rates for each fiscal year after 1998-99 shall be increased or decreased by the lesser ofthe annual
percentage change in the January to January San Diego Metropolitan Area All Urban Consumer
Price Index (CPI) or the annual percentage change in the estimated California Fourth Quarter Per
f-3
Page 4, Item_
Meeting Date 8/3/99
Capita Personal Income as contained in the Governor's budget published in January The CPI
increase is 3.6 % for the San Diego Metropolitan Area and the change in the Personal Income Index
is 4.97 %. Therefore, the rates included in the original Engineer's Reports were increased by 3.6%.
The maximum and actual rates for all assessment districts are given below Square footage (SF)
refers to building floor area, while acreage refers to the total lot size. Since the rates have been
rounded, actual revenue may be slightly different.
CFD 97-1 Otay Ranch Open Space Maintenance
Category FY1998-99 FY1999-00 FY1999-00 Estimated
Maximum Maximum Actual Revenue
Area A $0.0844/SF $0.0874/SF $0.0874/SF $25,296
Residential
Area A Non- $1l43/Acre $1 I 84/Acre N/A 0
Residential
Area A Vacant $1293/Acre $1340/ Acre $210/ Acre $176,798
Area B $0.1977/SF $0.2048/SF $0.2048/SF $53,335
Residential
Area B Non- $2538/Acre $2629/ Acre N/A 0
Residential
Area B Vacant $2870/Acre $29731 Acre $218/ Acre $139,721
CFD 97-2 Otay Ranch Preserve
Category FY 1998-99 FY 1999-00 FY 1999-00 Estimated
Maximum Maximum Actual Revenue
Monitoring: $0.0049/SF $0.0051/SF $0.0051/SF Area A:
Residential $1476.07
Non-Residential $80.96/Acre $83.87/Acre N/A 0
Final Map $80.96/Acre $83.871 Acre Area A. $83.87/ Area A.
Acre $9112.32
Vacant $51.21/Acre $53.05/Acre See Combined See Combined
O&M: $0.0078/SF $0.0081/SF $0.0081/SF Area A:
Residential $2344.34
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Page 5, Item_
Meeting Date 8/3/99
CFD 97-2 Otay Ranch Preserve
Non-Residential $128.53/Acre $ 133.16/Acre N/A 0
Final Map $128.53/Acre $133 16/Acre Area A. Area A:
$133.16/ Acre $14,467.59
Vacant $81.30/Acre $84.23/ Acre See Combined See Combined
Combined $132.51/ Acre $13 7 .28/ Acre A:$102.17/Acre A:$73,201.74
Vacant B:$58. 76/ Acre B:$120,498.54
I CFD 97-3 Otay Ranch McMillin Bond Issue !
Category Maximum FY 1999-00 Actual Estimated Revenue
Residential $0.3 92/SF $0.392/SF $148,726
Commercial $4000/ Acre N/A 0
Community Purpose $1000/ Acre N/A 0
Facility
Undeveloped $79541 Acre $888.39/ Acre $734,464
Property Owner $7954/ Acre N/A 0
Association Land
CFD 98-1 Otay Project Interim Open Space Maintenance District
Category FY 1998-99 FY 1999-00 FY 1999-00 Estimated
Maximum Maximum Actual Revenue
Taxable Land $103/Acre $I07/Acre $15.56 $20,340
CFD 98-3 Open Space Maintenance District No. 35 - Sunbow II
Category FY 1998-99 FY 1999-00 FY 1999-00 Estimated
Maximum Maximum Actual Revenue
Residential $347.86/EDU $360.38/ EDU $360.38 $205,970.70
Industrial $2711 45/ Acre $2809.06/ Acre N/A 0
Commercial $3035.50/ Acre $3144.78/ Acre N/A 0
o~5
Page 6, Item_
Meeting Date 8/3/99
CFD 98-3 Open Space Maintenance District No. 35 - Sunbow II
Undeveloped $2078.54/ Acre $2153.37/Acre $19578/Acre $83,784.00
Undeveloped- N/A $521.63/Acre $521.63/ Acre $223,229.70
Extraordinary
Special Tax
Note that a single family dwelling is equivalent to one EDU Costs are spread to multiple family
units on the basis of 0.8 EDUs per unit for street medians and parkways and 1 0 EDUs per unit for
all other facilities in the CFD.
The special taxes which will be applicable to typical single family dwelling units are shown in
Attachment I for Otay Ranch Village I and 5, Otay Ranch McMillin and Sunbow II. Special taxes
and assessments other than the five Community Facilities Districts discussed herein are not included.
The final Special Tax Levy Reports will include a list of all parcel numbers and charges applicable
to each parcel. Since the valid parcel numbers cannot be known for certain until after the assessment
tape has been submitted to the County for inclusion on the County tax roll, the final reports will be
prepared in August using the rates established in the draft reports. Copies of the draft reports are
available for review at the office of the City Engineer.
FISCAL IMPACT:
Budgeted expenditures total approximately $855,913 for all CFDs for Fiscal Year 1999-2000,
excluding reserves. The bond repayment for CFD 97-3 will be $862,431.82. The projected
revenues will be sufficient to cover this amount. The general fund will be reimbursed up to a
maximum of$120,736 for City staff services performed during Fiscal Year 1999-2000.
Attachments:
A. Ordinance 2755 levying Special Tax for CFD 97-1
B. Ordinance 2756 levying Special Tax for CFD 97-2
C. Ordinance 2768 levying Special Tax for CFD 97-3
D Ordinance 2757 levying Special Tax for CFD 98-1
E. Ordinance 2758 levying Special Tax for CFD 98-2
F Ordinance 2745 levying Special Tax for CFD 98-3
G. Resolution 19503 authorizing bond issue for CFD 97-3
H. Interpretations of Rate and Method of Apportionment of Special Taxes
I. Table on typical single family home charges
H:\HOMEIENGINEERIAGENDA\CFDLEVY4.EMC FILE 0725-10-CFDOO
q-0
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA LEVYING THE ASSESSMENTS FOR FISCAL
YEAR 1999-2000 FOR COMMUNITY FACILITIES
DISTRICTS 97-1, 97-2, 97-3, 98-1 AND 98-3
WHEREAS, during Fiscal Year 1998-99, the following
Community Facilities Districts were formed in the Otay Ranch and
Sunbow II areas and the ordinances which initially authorized the
levy of Special Taxes are cited:
1. CFD 97-1: Open Space Maintenance District (Otay Ranch - SPA
One, villages 1 & 5) - Levy of Special Tax authorized by
Ordinance 2755 on October 13, 1998
2. CFD 97-2: Preserve Maintenance District (Otay Ranch) - Levy of
Special Tax authorized by Ordinance 2756 on October 13, 1998.
3. CFD 97-3: Bond Issue for Acquisition of Public Facilities
(Otay Ranch McMillan SPA One) - Levy of Special Tax authorized
by Ordinance 2768 on January 5, 1999.
4. CFD 98-1: Interim Open Space Maintenance District (Otay
Project, LLC-OVP, Villages 1 West, 2, 2 West, 6, 7 & Planning
Area 12) - Levy of Special Tax authorized by Ordinance 2757 on
October 13, 1998.
5. CFD 98-2: Interim Open Space Maintenance District (McMillan -
D.A America, Otay - SPA Two, Villages 6& 7) - Levy of Special
Tax authorized by Ordinance 2758 on October 13, 1998
6 CFD 98-3: Open Space Maintenance District No. 35 (Sunbow II) -
Levy of Special Tax authorized by Ordinance - Special Tax
levied by Ordinance 2745 on September 8, 1998.
WHEREAS, property owners must be assessed during Fiscal
Year 1999-2000 in five of these districts in order to pay for the
maintenance of ope~ space and preserve areas in CFDs 97-1, 97-2,
98-1 and 98-3; and to begin repaying bondholders in CFD 97-3; and
WHEREAS, according to the Engineer'S Reports for CFDs 97-
1, 97-2, 98-1 and 98-3, the maximum Special Tax Rates for each
fiscal year after 1998-99 shall be increased or decreased by the
lesser of the annual percentage change in the January to January
San Diego Metropolitan Area All Urban Consumer Price Index (CPI) or
the annual percentage change in the estimated California Fourth
Quarter Per Capita Personal Income as contained in the Governor's
budget published in January; and
1
fA I
WHEREAS, the CPI increase is 3.6 % for the San Diego
Metropolitan Area and the change in the Personal Income Index is
4.97%, therefore, the rates included in the original Engineer's
Reports were increased by 3.6%.
NOW, THEREFORE, BE IT RESOLVED the city council of the
City of Chula vista does hereby levy the special tax on taxable
property in Districts 97-1, 97-2, 97-3, 98-1 and 98-3,
respectively, for Fiscal Year 1999-2000, at the rates as follows:
CFD 97-1 Otay Ranch Open Space Maintenance
Category FY1999-00 FY1999-00
Maximum Actual
Area A Residential $0.0874/SF $0.0874/SF
Area A Non-Residential $1184/Acre N/A
Area A Vacant $1340/Acre $210/Acre
Area B Residential $0.2048/SF $0.2048/SF
Area B Non-Residential $2629/Acre N/A
Area B Vacant $2973/Acre $218/Acre
I CFD 97-2 Otay Ranch Preserve I
Category FY 1999-00 Maximum FY 1999-00 Actual
MonitorinQ'1 Residential $O.OOSl/SF $O.OOSl/SF
Non-Residential $83 87/Acre N/A
Final Map $83.87/Acre Area A: $83.87/
Acre
Vacant $S3.0S/Acre See Combined
o 6< MI Residential $0.0081/SF Area A:
$0.0081/SF
Non-Residential $133.16/Acre N/A
Final Map $133.16/Acre Area A:
$133.16/Acre
Vacant $84.23/Acre See Combined
Combined Vacant $137.28/Acre A:$102.17/Acre
B:$S8.76/Acre
2
S f1 - :1.--
CFD 97-3 Otay Ranch McMillan Bond Issue
Category Maximum FY 1999-00 Actual
Residential $0.392/SF $0.392/SF
Commercial $4000/Acre N/A
Community Purpose Facility $1000/Acre N/A
Undeveloped $7954/Acre $888.39/Acre
Property Owner Association $7954/Acre $O/Acre
Land
CFD 98-1 Otay Project Interim Open Space Maintenance District
Category FY 1999-00 Maximum FY 1999-00 Actual
Taxable Land $107/Acre $15.56
CFD 98-3 Open Space Maintenance District No. 35 - Sunbow II
Category FY 1999-00 Maximum FY 1999-00 Actual
Residential $360 38/ EDU $360.38
Industrial $2809.06/ Acre N/A
Commercial $3144.78/ Acre N/A
undeveloped $2153 37/Acre $195.78/Acre
Extraordinary Special $521.63/Acre $521. 63 /Acre
Tax - Undeveloped
Property
Presented by
Approved as to form by
John P Lippitt, Director of
Public Works
(k~~
John M Kaheny, ci Attorney
h,\HOME\ATTORNEY\RESO\CFDLEVY
3
tA 3
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO 98-3 (OPEN SPACE MAINTENANCE DISTRICT
NO. 35 [SUNBOW II]), MAKING AND ESTABLISHING CERTAIN
INTERPRET A TIONS REGARDING THE RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAXES WITHIN SUCH COMMUNITY
FACILITIES DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the
"City Council"), has previously undertaken proceedings to form and has formed a community
facilities district, pursuant to the terms and provisions of the "Mello-Roos Community Facilities
Act of 1982", being Chapter 2.5, Part I, Division 2, Title 5 of the Government Code of the State
of California (the "Act") and the City of Chula Vista Community Facilities District Ordinance
enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of
Article Xl of the Constitution of the State of California (the "Ordinance") (the Act and the
Ordinance may be referred to collectively as the "Community Facilities District Law"), for the
purpose of financing the maintenance of certain public improvements. Such Community Facilities
District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO 98-3
(OPEN SPACE MAINTENANCE DISTRICT NO 35 [SUNBOW II]) (the "District"), and,
WHEREAS, the City Council and the qualified electors within the District have
authorized the levy of special taxes within the District to finance such maintenance; and
,.
WHEREAS, such special taxes are authorized to be levied pursuant to the rate and method
of apportionment of such special taxes (the "Special Tax Formula"), and
WHEREAS, the City Council, in adopting the resolution forming and establishing the
District, did reserve to itself the authority to make interpretations of the Special Tax Formula for
purposes of clarifying any vagueness or ambiguity in the Special Tax Formula as it relates to any
category, zone, rate or definition therein, and
WHEREAS, in preparing the special tax levy for the first year of such levy, the City staff,
special counsel and the special tax administrator for the District have discovered that certain
provisions of the Special Tax Formula require such clarification and have recommended and
requested that the City Council make certain interpretations of the Special Tax Formula to provide
such clarification and thereby assist in the application of the Special Tax Formula and the
implementation of the levy of the special taxes within the District; and
WHEREAS, the recommended interpretations are set forth in Attachment A hereto which
is hereby incorporated herein by this reference.
,
,
?,8-/
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS
SECTION 1 The above recitals are all true and correct.
SECTION 2. The City Council hereby finds and determines that such interpretations are
consistent with the intent of the Special Tax Formula and, therefore, approves and makes the
interpretations of the Special Tax formula as set forth in Attachment A hereto Such
interpretations shall apply to and govern the application and levy of special taxes within the
District pursuant to the Special Tax Formula.
PREPARED BY
APPROVED AS TO FORM BY
0-..- ~
John M. Kaheny
City Attorney
John P Lippitt
Director of Public Works
H \home\attorney\reso\cfd98-3
B' .... . r) rJ
, r -' - p<---'
/..-
ATTACHMENT A
COMMUNITY FACILITIES DISTRICT NO. 98-3
(OPEN SPACE MAINTENANCE DISTRICT NO. 35
[SUN BOW II])
INTERPRETATIONS OF RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAXES
The following interpretation ofthose provisions of the Rate and Method
of Apportionment of Special Taxes (the "Special Tax Formula") entitled
"Extraordinary Special Tax" shall apply to the calculation, levy and
administration of the Extraordinary Special Tax.
EXTRAORDINARY SPECIAL TAX
General
The intent and purpose of the Extraordinary Special Tax provisions of the
Special Tax Formula is to insure that the District will have the ability to annually levy
Special Taxes in an amount sufficient to fund the projected maximum special Tax
Liability for the District following the build out of development within the District.
The Special Tax Formula provides that at the beginning of each Fiscal Year,
the City shall determine whether the levy and collection ofthe Extraordinary Special
Tax is required to protect against any changes in density or developmentthat would
result in the generation of insufficient Special Tax revenues within the District. The
term "insufficient Special Tax revenues" is intended to mean that maximum Special
Tax revenues which may be collected from Class 1 - Developed Properties within
the District will be insufficient in amount to fund the projected maximum Special Tax
Liability for the District upon buildout as referred to above.
To facilitate the annual calculation of the Extraordinary Special Tax, the
determination of whether the levy and collection of the Extraordinary Special Tax
is necessary in any Fiscal Year, the determination should be made based upon
development within the District as of March 1 of the preceding Fiscal Year
Step 1
For purposes of interpreting and applying the provisions of Step 1 of the
Extraordinary Special Tax provisions ofthe Special Tax Formula, it is intended that
the City shall each Fiscal Year determine the maximum Special Tax revenue that
may be collected from Developed Property at build outforeach of the SPA planning
areas identified on Exhibit C by updating the Annual Special Tax at Buildout in
60-3
Exhibit C of the Special Tax Formula by recalculating such amounts utilizing the
maximum Special Tax rates for the Fiscal Year for which the calculation is being
made. If modification should occurto the SPA planning area boundaries during any
Fiscal Year, the City shall reapportion the projected development within the modified
SPA planning areas for the following Fiscal Year and thereafter Such
apportionment shall be made by the City Engineer
Step 2
For purposes of interpreting and applying the provisions of Step 2 of the
Extraordinary Special Tax provisions of the Special Tax Formula, the term Special
Tax Liability is intended to mean for the projected maximum Special Tax Liability
allocable to each SPA planning area at buildout of development within the District.
The projected maximum Special Tax Liability at buildout is initially established as
$803,562 in Fiscal Year 1998-1999. Such projected maximum Special Tax Liability
is subject to escalation annually by a factor which shall be the lesser of the January
to January San Diego Metropolitan Area All Urban Consumer Price Index (CPI) or
the annual change in the California Fourth Quarter Per Capita Personal Income as
contained in the Governor's budget published every January.
In determining if the Extraordinary Special Tax must be levied in any Fiscal
Year, if it is determined that the maximum Special Tax revenue as calculated in
Step 1 for any SPA planning area at buildout of such SPA planning area will be
more than the Special Tax Liability at buildout calculated in Step 2 for the same
SPA planning area, the difference is the "Special Tax Deficiency" and it is intended
that the Extraordinary Special Tax shall be levied in such Fiscal Year pursuant to
the Special Tax Formula.
Step 4
The intent of Step 4 is to require the annual calculation of the projected
maximum Special Tax Liability and Special Tax Deficiency applicable to each SPA
planning area prior to buildout of such planning area and to levy an additional
Extraordinary Special Tax if the balance in the Extraordinary Special Tax Account
is less than the Extraordinary Special Tax or to refund funds on deposit in the
Extraordinary Special Tax Account ifthe balance therein exceeds the Extraordinary
Special Tax.
eB-1(-
ORDINANCE NO 2755
ATrACHMENT A
=If:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY
OF COMMUNITY FACILITIES DISTRICT NO. 97-1 (OPEN SPACE
MAINTENANCE DISTRICT [OTA Y RANCH - SPA ONE, VILLAGES
1 & 5]), AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH
COMMUNITY FACILITIES DISTRICT
WHEREAS, the City Council of the City of Chula Vista (the "Legislative Body"). has
initiated proceedings, held a public hearing. conducted an election and received a favorable
vote from the qualified electors relating to the levy of a special tax in a community facilities
district, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community
Facilities Act of 1982." being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code
of the State of California (the" Act"). This Community Facilities District is designated as
COMMUNITY FACILITIES DISTRICT NO. 97-1 (OPEN SPACE MAINTENANCE DISTRICT
[OTAY RANCH - SPA ONE, VILLAGES 1 & 5]) (the "District")
BE IT ORDAINED AS FOLLOWS:
SECTION 1 The above recitals are all true and correct.
SECTION 2. This Legislative Body does, by the passage of this ordinance. authorize
the levy of special taxes at the rate and formula as set forth in Exhibit" A" attached hereto
(the "Special Tax Formula"). referenced and so incorporated.
SECTION 3 This Legislative Body is hereby further authorized, by Resolution, to
determine the specific special tax rate and amount to be levied for the then current tax year
or future tax years, except that the special tax rate to be levied shall not exceed the maximum
special tax rate as authorized pursuant to the Special Tax Formula, but the special tax may
be levied at a lower rate
SECTION 4. The proceeds of the above authorized and levied special tax may only
be used to as authorized by the Special Tax Formula.
The proceeds of the special tax shall be levied only so long as needed for its purpose.
and shall not be used for any other purpose.
SECTION 5. The above authorized special tax shall be collected in the same manner
as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the
same procedure, sale and lien priority in case of delinquency as is provided for ad valorem
taxes; however, as applicable, this legislative body may, by resolution, establish and adopt an
alternate or supplemental procedure as necessary
SECTION 6 The above authorized special tax shall be secured by the lien imposed
pursuant to Sections 3114.5 and 311 5 5 of the Streets and Highways Code of the State of
California, which lien shall be a continuing lien and shall secure each levy of the special tax.
The lien of the special tax shall continue in force and effect until the special tax obligation is
prepaid, permanently satisfied and canceled in accordance with Section 53344 of the
Government Code of the State of California or until the special tax ceases to be levied by the
I
~aTt1!MROArr..
legislative body of the local Agency in the manner provided in Section 53330 5 of said
Government Code.
SECTION 7 This ordinance and special tax shall be applicable for the referenced
District, as well as any future annexations.
SECTION 8 This ordinance shall be effective thirty days after its adoption. Within
fifteen days after its adoption. the City Clerk shall cause this ordinance to be published in the
"Star-News," a newspaper of general circulation in the City, pursuant to the provisions of
Government Code Section 36933.
Presented by
Approved as to form by
~A~~
~M. Kaheny ~
fty Attorney
John ~ Lippit
Publi Works Director
r
%-
Ordinance 2755
Page 3
EXHIBIT A
Part IV -Rate and Method of Apportionment of Special Taxes
ANNU':-LTAY..
_.:~:.;.,.;
A S;::::a! Tax 5;-;211 ~e levied a:mually c""I2nc1 wilhin~Cot7ii.'l:';~'lIty Fa:ilities Ois:ri=t No. ;7.'
(0;;::: $::a::e Mai",:::ance'Dis:riC:) of L,i! Cr.y of Chula V:s:.. (::0: "D:s:ric:-). and c:llle:::e::
a=:-:i:i; L=: trie S~e::;a! Tax Lia::;ill1Y cetermine:: =y t."1e City::: Cnuia Vis:a (the .City.) lrlrOU;:'l
the a~;?lj=ati:)n cf to'i: followir:; ?roce=U!~S. All of the pi:l;;er:y wi::"iin the Distric:. :..:nle~$
ot~e;~se exe~;:te:: :,y law ::r t~e ex;::"ess f)r:o,!sio:1s of the -a:e 2:'"1::: ;';"Ie:ho-: of aooOl.bnr:1e:-:t
eX:Ji:!3:::: jelow s~2:11 tJe tax::' to the extent ~,~ in 1.,e ma:1:ier :liovi:::e: :>e!ow
.' .
An ?a:-::;s "NI:.-:ir; t:"ie Dis:ri::: a:": assl;.~e::-t= S::ie:;al Tax ;..~:= ;... l:i a::I:I~:"i =S:.21l"'; ?ai:::s
are :;::5: ass;;:;::: to Si'e::aI Tax ;'::2 :: =a?== ~~:: t..,el( 1::a:I::::'1. .:.. :'7:2:; ::f ::':!! S;je::ial Tax
;"::25 :5 l:-:::~=e= 2S :x:'1l0It 3. Tn! s~;=al'Tax whlc.~ s~all :: _e'.:I:: :.;:::::i eac.~ ?ar:ei s:-:a]
~e ::-:: a;;:e;.a:e S:.:t:1l?f.tl! S~e::.al Tax for ea:.~ S::=~:21 Tax ~:-=a W:::".I~ w:"'.l::.i tn! ?ar:e! is
l::ca::: ..: .
';'11 5::==al Taxes 2:;pii~le 10 ?arce!s $0-.2.11 ::e =:::lIe~:e-= :n ~~= 52::;= :7;2:-::ier 2:-:C at the szr.;e
time as :::r::ir.aty ad valoram ;:r::;:er:y :axes. a."~ ~~e Spe~:21 Taxes s:; levi=~ will =e subje::: ::;
:;,e sa~= ;::e:-:alties a.-~ ;::r:;::~::::..:."'es. safe a."~ Iie:': ;::i:Jn:y i:; :2S; ::f =::i:i:;:.;ency 2S :5 prcvi::::i:
::;r 2: ';21::r:::1 :2xes. .;....."
D:o:=iNITIONS
,
... ",
Acre or Acreage means the~2rea cf a ?ar:::el as S:'icwn on !~:e :2::5: r.-:a;:::s ::f !jje ~,ssessor :i
the C::t;;ity or Sa:, Dle;c. crjr t.,e a:"a: of s:..::'i ?ar:e! is not S:1:Jwn cr. suc.-, Assessor's r:-;a:s
the area .as s."cwn on a C;JI're!,u re""-:)rced s~::=:v;sicn ma;J, ~a:-:=I :7:ap. re~:;rd of survey cr
cL'ier ~e=r:::ed coc.:m~r creating cr cesc:i::;ir.; trie P arc!!!. If the ;:r;ceding maps are r.Ct
availatJle. tne arsa s.~all !:= determined :'y the City =:1~ineer
,
Administrative Expenses means It.e cired a:1: indirect ex;ar.sas incurred by the City in
carryin;; cut its duties with r:s;le::: to ~ Dis::i::: (including. Out net limited to. the levy anc
c::lle:::i=n =j the Special Taxes) ind:.Jcij,~ :he faes anc ex!'er.se5 of its C:Junsef. A."y fees oj ::-:e
Cour.:y ra!ated to :iie Dis::-ic: or ::-:e :::l1ecti::1 :i Special Taxes, a:1 allocable share of ~e
salaries :;f City s:aff c:!ire::ly rela:ec t::e~eto. a~y a:':'1ounts ~aid =y the City from its general func
with ras;;e:~ ;0 the District. and. ex;;e:1ses i;-;:-..::rad by the City in undertaking ac:ions :0
fO:-:::::5: en ;;r::?e~ies for whic." t~e ;:ayme:1t :f Special Taxes is celinquefit. and all otr.er
c::s:s 2~~ :x;Jenses of the City related to the Dis::-i::.
Building Square Foot or Square Footage "'eans the sql,;"re footage as shown on the
Parcel's ~uilding perrnit(s). exclu=ing ;arages :r :::1er SiructL.:res nol :.;sed 2S living space.
City 1.:::::":5 ~l'ie Ci:y cf C~:';!2 V:s:a
9
Ordinance 2755
Page 4
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Ordinance 2755
Page 5
Developed Parcel means Taxa!:lle Prc~e:ty for w:-,i:.'l a founcation !:luilcing ;:ermil cr
other form of building permit has bee:1 :ss~ed 2S of Marc.' 1 of tt':e precedir.; i='is=al
Year.
District means the Q;>en Space Mainter:ance Dis:ri:t - SPA One (Villages 1 & :j of lhe
Ccmmwni:y r=acilities D:strict No. 57-1 cf :..~a City ~: Ch:.:la V!s:a.
Facilities :-:lea..,s t."cse ii.1j:lrovemen:s cefinec in ?a:: II of the 5;:>=::al Tax Re;;;c~ :2~ec
July. 1, 19:5 for Community F adlilies Dis:riC: No. Si. i :if :he City of C:1ula Vis:a
Fiscal Year r.iea:-:s t."'1e ~erioc s:a~jn; ::1 July 1 a;".:: ;:1Ci:1g t:ie foll:;w::1; J:..:i.: :::
Maximum Special Tax means the rr.ax:.~urn S;Je:;al tax t:iat ca~ :;e levie= w:~~::': CFD
No. 57-j '::y t."'1e Ci:y Cou..,::il in c:"1Y Fis:al Year f::r e3:=-i ?ar::el cf Taxa~le ?ro;:e:-:y
Non-Residential Uses shall Induce 2:1 Devel:;== ?ar::e!s W:":Ic:'; a;e net z::-:e:! fer
Resicent:al Uses inducing cOr.u'ner:;al. 1:'CL.:S,i;al. 2.0-:: community ~~="c :a=:II:: {C?~)
t.:S2S.
Operating Fund means a fund treat s.-:aU ~e r.:at::ialnec fer ea=:: S~ec:al Tax Ar--
wit.hin the Dis:ric: for any Fis~1 Year:o ~ay fer t:":: a::.!.:al c::s:s cf ::-:ai~ter.ar::::. ~e~air
anc re;:laC2!":1ent of me Facilities. ant ~~e Acmin:s::a:ive EX;:ler.ses
Operating Fund Balance means the a;.:::unt oU:.;:;::s in ~"':= Qj:era::::; F:.:n:: a: ~-:; ;:":C
of tl'1e preceding Fis::al Year
Operating Fund Requirement means for any ;:is:al Year an amour., for ea::.'1 Speoal
Tax Area equal to tl'1e budgeted costS of the malr.:er:ance. r:;:;air and r..;>lac:",enl of
t'1e Facilities whic:.'l have !:leen a::=.;:;ted and maintained by ..'1e District or are
reasonably ex;>ected to be accepted arod ...aintair..C !:ly lhe District during the CJrrent
Fiscal Year plus the budgeted Adminis:rative Ex~enses of the District for lhe :::In'ent
Fiscal Year in whic:.'1 Special Taxes are levied.
Paree! means any San Diego County Assessor s ?ar:el or t)ortlon ~'iereof that is within
the bouncaries of the District designated on a ro.2:J of the San Dle';:J County .c..ssessor
and whic., has been assigned a dlsc:"~~e identlfyi~; number on the equalized :ax rolls
of the County.
Reserve Fund means a fund that shall be malr.:ained for each S;>ecial Tax Ar.a to
provide ne::essary cash now for operations and maintenance for tr.e first six months of
ead, Fiscal Year, working capital lO c:Jver maint!;.2:1Ce and re"air cost overruns and
delinquencies tt'.at may arise in coni.ection with t.-,e collec~lon of S~ecial Taxss and a
re2sona~l: ~uf.er agalr.s: larli!! varia:lc;,$ in anill.;a: s~ecial ~ax a:':iC~:'i:S.
.5
Ordinance 2755
Page 6
Reserve Fund Balance means the amO~:"l1 of funes in the Reserve F~n:j at the end of
:...,~ ;Jre:::eding Fis:aJ Year
Reserve Fund Requirement means the re~:.Jired ba!an:e in the Res;:"'.'; Fund eq:..:al t~
:..;~ t~ iOD% of the Ojjeratin; Fund Requirement.
Residential Uses s:-:all ;:1:lu:Je ::-1~5= r;5'::=:1::21 L:SeS ::5 ;:.e!"~in=~ i~ :;;a Ci:y :::-:.:1;;
::J:,:ir;2:-r-e.
S?e::iaJ Tax m=a~s lhe s;Je::ial :2X or s;>e:ial taxes a=::.::=IIy levie:1 wl:~i:"'l C~D N::J. 97-
;
S;Je::;aJ Tax Area i01ea:'!s 0:1; of :ne :w:) s;:ie:::ifi: 2;:"==5 ::::7':;Jr:$I:1; s:=::fi: ?ar=a:s as
S~::-.'.71 i:-: =x:,;:,ii 3 =~ t"'!e Spe::ial Tax Re~o:i :a:~= J:..:!y i i === ::;,r C:J;-;'1~:J:1i:Y
'F a:'::;:ies Q:s::i= N:J =7- j :;f :he CJ:Y :;,f C:-::..:!a V:s:a.
SiJeciaf Tax Liability f:;r any Fis:aJ YEa:" is 2:"\ 2t:i::lu:1t ==!eri.'line= :~r :a~., S;:Je:ial
Tax ,;rea s~l:::ie:"lI 10 ;;ay Ine c:=s:s of Ihe Dis:iic:. i~::I!.J:::i:"l;: (i) tl1e ar:o:l:lnt req:..:ire: to :
be ::ie;>csitej i:;:o t:1e O;::Jeratin~ Fund to meet t~e Op::-aIin;; Fund Raquirement. less
:''ie O;>e:'ati:1; r:';:1: 3a:2:1::e. 2;'1j (ii) L~e tD~al am::::l:1t r;~:li;;d to ~e :=;>~siIed iiii::J: t:ie
Rese:ve Fund if any :0 meet the Reserve Fund Re~uireme:1t. less the Reserve Fund
32;a.'=2.
Taxable Property is all reaJ pro;>erty or ?ar=e!s wi:hin ::'le bo:..Jncart:s of the Dis:nct
whi:.'1 are not exerni't from the Special Tax p:Jrst;a:1t te law or whic.'1 are not claSSified
or assigned to the ::xemi't Category as define: her:ln.
Ca:e:Jories of Soedar Taxes
Residential Category:
The residential category includes eac., Developed Parcel within the Ois:rict wniC!l is
zoned for Residential Us~s by the City ("Residential Catego:y").
T:,e Maximum S;>e::ial Tax :'-:at IT.ay be levie: v.OJ:hin 5=,e:::al Tax Area A (or Fiscal
Year 1998/99 0:"1 ea::., Develo~ed ?ar::el assi;ned 10 me Residential Ca:egory shall
:'e SO 03':4 O'er 3:.:il:::!ing Sq-.;are Foot.
. The Maxim~:':'l S~g::;aJ Tax :hat r.-;ay ~e levie:' wlt:1in SiJecial leX ';j"ea a for the
Fis::aJ Year i933/i999 on each Developed ?arcel assigned 10 the Residential
Ce:ego')' shell:'e SO. ;:;77 O'er 3uildino So:.:a,= ::oot.
Said r~~aximu:n S~:cial Tax Rates shall ~e i..,:::,=ased or Ce=easEd eac.., Fiscal Year
:he:-ea!:er :'y a fa=:or W:1i::~ shall ~e Ihe lesse:" ~f ~:1e an:1:.;al :>ercen:ace c.'1a:1ce in the
JanL:a;y :::J Ja:1:.;a:y Sa:1 Die;!:! rl.=ij"~;:>::JII:a:1 ';:":2 ;'.li 1jj":;a:1 C::Jr.s:..:j"j:~~ ?:/::e 1;ljex (J...!l
-~
o
Ordinance 2755
Page 7
Items) or L'1e annual percentage change in the estimated California Fourtrt Qt.:a~=r ?er
Capita Personal Inc:1me as C:Jntained in the Gov2rnor's budget publisrted every
January
Non-Residential Category
7he non.r~sidential c.ateg::Jry in:luces all Developed Parcels in the Distri:: whi:::-; are
not z:;:nec ~y L'1e City for Residential Uses ("Non-Residential Cate.ory-).
. .The Maximum S;Je=ial lax t:-.2t r.:ay be levie:: within Spe:;al lax ';(e2 ;.. f~r ine
;::5::a1 Y!!ar 1955/99 en eac., Develcp:d Pa:-::I assign~: t:l t:ie NOli-Res:::e:itial
Ca!e;~:"'1 5:-.2I1:e S1.-;~3 per Ac."': (sail: ar.1~~:it to ~e levle: :::r:: rata f::r a~y ::::r.lon
~ra:':;"=;).
. T;;e rl.ax:mum 5=,=::;21 Tax tt",a.t may ee levl:: within Spe::ai "'j ax ";:;2 3 f:r t.""l;
Fiscal Year i9SaJ99 on eac."i Developed Par:!1 2ssi;nec t~ the Non-Reslc;~tial
C-~="'o~J s--IIIoo= ==2 <-a ~"r ,,-..:), (S-'" --,....-..0 -" l"v,'o'" -..... ..-:"'" Z-r an.. -,......,..-
C:"_:::'J "CI ..1_ _ ....j ,..._ ,......._ c:1~ C"'__"\ I ..1_ - -- ~.... .c...... y!""'_I.I.....
of an AC"e).
Said Max:mur:i Spj=::al I ax rates s:-:a!l ~: inc::asad or ceC::2s=d sac" rise;:1 Y:2r
L"'ierear:=r :y 2 factor whic., shall be Uie lesser of the ar.nual per::er.t2ge c.""'.ange ~'l the
January :~ January Sa.~ Diego Metro:;:olitan Area AU Urban Cor.s:.:mer Ptlce Ir.cex - (.:a.a
Items) cr ti":e anneal percentage c."":an!;e in the es:i:o.ated Califor:-:ia Fc~r:h Qt.:ai.er ?:r
Capita ?:rsor.al Inc=rne as cor.:ai:1ed in the Gc',erncr 5 t:~cg=l publiS:1e~ eVEry
January
Exempt Category
Tne exempt category indudes eac." propeny owned by. conveye!l or irrevocably
offered for dedication to a public agency. land whic.'1 is in L'1e pUblic right-cf-way.
unmanned utility easements which make utilization for other than the purpose set forth
in the easement impractical. common areas. private streets and parks. and open space
lots ("Exempt Category OJ.
Vacant Land Category
ihe vacant land category includes each Parcel of iaxable Propeny assigoed to the
District not subject to a Special iax under any Olhar category descnoed above ("v"car,t
Land Calagory").
The Maximum Special Tax which ..may ~e levje~ en eac., Parcel within the Vacar,l Land
Category for Fiscal Year 1998199 shall be the rates set forth in iat:le 1 below (said
amcur.t to b:e levied pro rata for any pcr:ion of an Ac:"e). Said Maxlr:1um Special Tax
s~al1 be H~:::-ease~ or de=reased eac~ F:s::al ygar thereafter by a fac:or whlc:, S~211 be
::--:e less~r of ~h2 annual percan:;;;: c.~ange i;"l the January t::> January San DI~90
7
Ordinance 2755
Page 8
-.
Melro:::ili:a:1 Area All Ur:.an CO:1S:.Jmer Price lndex (All Items} or t:1e 2:1nual ~e!'=e;itag:
c.~ang~ i;1 L"e estimated California Fowrth Qua:ier Per C2;Ji:a Personal 1i1::lrne as
c:mlai:"l:: in the G,lVern:x s bud~el published eve~ January
TA3L: 1
Vacant Land Cale;ory
Maximum Special Tax Rate per Acre
S:>ecial Tax Area
S~e::al Tax Ar:2 ;..
Sj:>e:::aITc:x ';r=2 3
1J'.aximur:l
Soedal Tzx Rate
Si .2:3 IA:;e
S2. :'70 I.:":::
;"ssi:::"::'7ie:1t to Cai=~:l:-Ies of S.:J:::.al Taxes
On 0: a:J;o:Jt July i :.f :2=.' y=ar (:n.Jt in a<1Y ev::ii Ii. s:.Jf.i::le:",.i t:::-l= := .:,,:::!:;::e ::~= Ie..:,. :.;
t:1e 5=,:::;21 Taxes on lite CO;J;"lty S secure:! lax .::i:) tne City 5:-;211 asslg" :2::.i Par::el
withi:1 t:ie DiSiiict 10 t:"1e Ke510::lHal Categ:):"y N:>n-KESI:e:ii;al Ca!e9:J:"Y ::xe::1:>t"
Caie;:J;-Y or Vacar.: La:1~ Cat=9:;)fY ?ar:e!s S:';:'le~ i:J levy $;,,;.=11 ~e :je!ermine= :;2S;~
1.:jJO:1 :''''l: :=~:>rcs oj the San DI~20 Cou:ity ;'.$s=ss~;
L~vv 3;'1= A~:>anionr.1e;'1t ~f SO~~lal Taxes
The Ci:y s~all determine the S;:I~~:al Tax Lia:Jih!y jf eac.'1 S;:Ie:;al Tax ,;re2 in sa::;
Fiscal Year on or about every July 1 (~ut in any event in sufficient time tj include Hie
levy 01 the Special Taxes on the Co:;nty s se::-,Jre: tax roll)_ S~ecial Taxes s~all then
=>e levied on eac., Parcel assigned to the Residential Category Non-Residential
Categ:>ry and Vacant Land Category within eac." Special Tax Area in the fOllowir.;
order of priority-
Step 1: Determine the maxili1U:'il revenue whic.'1 c:Juld be generated in eac, SjJecial
Tax Area by multiplying the to:al 3uilding Squara Footage of all Developed
Parcels assig:",ej to ::"le Residential Ca!e9:Jry in e2:::1 S?ecial T2X Area ~y the
f.Aaxim:Ji.'l S;:>ecial Tax per 3uildln; S~~are F Dot and aedlng 10 that the
maximum S;:>edal Tax re....eilue whiC:"l c:J:.Jld ~e ge:1eratec by multiplying the
to:aJ Acreage of all Develo?ej ?aree!s 2ssignej :0 the Non.Residen:ial
Ca~egory in ea::., S;Jecial Tax A~::.a ~y t!"l~ Maximum Special Tax j)er Acre.
Step 2: If the total Spe-~lal Tax re-venwe as eal.::..;:a:=:: ii1 5:=;J 1 f:Jr t:"le Spe~idI Ta:x
Area is greater tharl the Special Tax Lia:,ility of such Special Tax Area. iedwce
the Special lax ior ea.:., Parcel p~~;:I:l~i:Jj,a~ely so mal the Spe::ial Tax levy for
the Fiscal Year is e:;:..:al t::: :~= 5;:;=::al Tax Ua::)Ility for t:"1e r=iscal Year
~
o
Ordinance 2755
Page 9
Step 3: If the total Special Tax revenue as c:a1c:Jlated in Step 1 is less tMn the Spec,al
Tax Liability of such Special Tax Area. a Special Tax shall ::e levied upon eac.~
Parcel assigned to the Vacant Land Category The Special Tax fer the Vacant
Land Category shall be calculated as the lessor of:
(i) The Special Tax liability fer eaCh Special Tax Area, less the total ef funds
. generated for all Parcels within that Special Tax Area under Step 1 above,
divided by the total Acres for all Parcels assigned to the .Vacant Land
Category" within that Special Tax Area.
OR,
(ii) the Maxii.1uj.'j Sp~~:al Tax rat~ for ?arce!s within t:-:2t Sp==ial Tax ~Ea.
H::wever, in the event it is de!erminec t:-:a: the Special Tax L,12:Jihty f::r Spe=:al
lax ArEa A includes celinquer.t Special Taxes from Par::els In tl":e Va::anr Land
Category from the prier Fiscal Year. tt'i: City shall d:term~ne tne amounlof
S;.Jc., delinquent Special Taxes that ar::sa from suc., ?ar:e!s and ice:1tify the
cwner(s). The amount of delinquent Special Taxes, if ar.y troat arcse from'
ea::., owner sMail first be diviceo oy t.,e tctal Acres oWi"ie:::: oy SUC.i cwner(s).
and collected fror:"! me respeclve cwner wltn the remau,,:in; ;:ior:icn of U,e
Special Tax Liability liot relaiec to calir.::;uent Spe>:::al Tax:s to ~a c~lIe~ed
fi:rn Parcels in the Vacar.t La;,,:c Cai=~oiY ac::ording tc ::-;e ~roc=cur= set for:h
In :he preceoing para~rapn.
Step 4: The total Special Tax for eaen Parcel s:oall be the sum of;:Oe Special Taxes fer
;ac.~ Spec,al Tax Area in whic., a Parcel is located.
q
Ordinance 2755
Page 1 0
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 13'h day of October, 1998, by the following vote
AYES
Councilmembers:
Rindone, Padilla, Salas and Horton
NAYS
Councilmembers.
None
ABSENT.
Councilmembers.
None
ABSTAIN.
Councilmembers.
Moot
...dkt//tr~
Shirley Horto , Mayor
ATTEST
STATE 0": CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Beverly A. Authelet, City Clerk of Chula Vista, California, do hereby certify that the
foregoing Ordinance No. 2755 had its first reading at a regular meeting held on the 6'h day of
October, 1998 and its second reading and adoption at a regular meeting of said City Council
held on the 13'h day of October, 1998
Executed this 1 3'h day of October, 1998,
~ (2 a~1l:I
Beverly . Authelet, City Clerk
jO
ATTACHMENT B
ORDINANCE NO. 2756
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY
OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE
MAINTENANCE DISTRICT), AUTHORIZING THE LEVY OF A
SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT
WHEREAS, the City Council of the City of Chula Vista (the ~Legislative Body"). has
initiated proceedings, held a public hearing, conducted an election and received a favorable
vote from the qualified electors relating to the levy of a special tax in a community facilities
district. all as authorized pursuant to the terms and provisions of the "Mello-Roos Community
Facilities Act of 1982,~ being Chapter 2.5. Part 1 , Division 2, Title 5 of the Government Code
of the State of California (the "Act"). This Community Facilities .District is designated as
COMMUNITY FACILlTlES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) (the
"District").
BE IT ORDAINED AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. This Legislative Body does, by the passage of this ordinance, authorize
the levy of special taxes at the rate and formula as set forth in Exhibit" A" attached hereto
(the "Special Tax Formula~l, referenced and so incorporated.
SECTION 3. This Legislative Body is hereby further authorized, by Resolution, to
determine the specific special tax rate and amount to be levied for the then current tax year
or future tax years, except that the special tax rate to be levied shall not exceed the maximum
special tax rate as authorized pursuant to the Special Tax Formula, but the special tax may
be levied at a lower rate.
SECTION 4. The proceeds of the above authorized and levied special tax may only
be used to as authorized by the Special Tax Formula.
The proceeds of the special tax shall be levied only so long as needed for its purpose,
and shall not be used for any other purpose.
SECTION 5. The above authorized special tax shall be collected in the same manner
as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the
same .procedure, sale and lien priority in case of delinquency as is provided for ad valorem
taxes; however, as applicable, this legislative body may, by resolution, establish and adopt an
alternate or supplemental procedure as necessary.
SECTION 6. The above authorized special tax shall be secured by the lien imposed
pursuant to Sections 3114 5 and 3115.5 of the Streets and Highways Code of the State of
California. which lien shall be a continuing lien and shall secure each levy of the special tax.
The lien of the special tax shall continue in force and effeCt until the special tax obligation is
prepaid. permanently satisfied and canceled in accordance with Section 53344 of the
Government Code of the State of California or until the special tax ceases to be levied by the
II
Cl'ci1"J,.!A?.ft1J1\A"""A
Pagd "1~1Y1nv .1 I
legislative bOdy of the local Agency in the manner provided in Section 53330 5 of said
Government Code.
SECTION 7. This ordinance and special tax shall be applicable for the referenced
District, as well as any future annexations.
SECTION 8. This ordinance shall be effective thirty days after its adoption. Within
fifteen days after its adoption. the City Clerk shall cause this ordinance to be published in the
"Star-News." a newspaper of general circulation in the city, pursuant to the provisions of
Government Code Section 36933.
Presented by
Approved as to form by
JO'tOd::./ I;;u-
Pu IC Works Director
/---i j/'
( / )'?1 T'cf~
JOh?-~ Kaheny '-- G
CitVnorney .
/~
Ordinance 2756
Page 3
EXHIBIT A
Part IV _ Rate and Method of Apportionment of Special Taxes
t.NNUALTt.X
A Special lax shall :>! levied am:.:ally :In eac., ?a:-:el of land wltrlin the ?:-eserve
'M2iilte;."2~=e Distri~. C:;rnm~~i:y -Fa::ii:ies Distri= N=,. .97-2 of the Ct.)' of C~:..::a Vis~a
{:::; "'Dis::c"). an: olie=te: 2~roin; t: t71e S;>e:::al Tax Liabiii~y ceterrni:'1e: ~y the
City.of ~h:.Jla Vis~a (the '.City-) .throu;t.:.~ 2?;>li:::ati:;:'i ::>f L,e following ?roce.:::.Ji;s. ~II
:)f .the ?~~y within -t~le Dis:riC&.JJi1iess otherwise exe~ted by law :Jr t...e ex;m:~ss
?,jviSioi'.S cf~:"1e rate 2~ rnet,::d. of ~-;J:;i'1ionrile:i~ ex;Jresse::: -~iow. shall be taxe: 1:1
::ie ex:e:-;: 2:-:: in -~::e ~2:"1ner ;h~vj=e::: ::ebw.
;".i! ?a:-.:eis wit~i:-J t::e D:~:i= z:"!! ::-:::::.:::e:: w;~:-;;:: e!:7"",er 1j."'.;;.='1e;"e:i1 ;"r:= ;... ....'
l~;::-=ve::;:;,: .:":--:2 E ;.. ;.;,~ -:f. -r.-re l:7.;:::-:;ve:'7".e~: arees :5 i:-::::w=== as =x.~i:,i: =.
;"11 5;;.e::al Taxes a~ii::a:.ie.1:) ?a:==is ~ colle=:;:: in the sa~: wanner a;'i= at' t~l=
sar:i: 1i~= .as :r::ii.a:"f a: vz!:lre:n ~r=;:.::Y ~axes. a:--:::! S~e=ial Ta.xes so levie: will :-:
s~~=t t~ the sam: ?e:aslties an: ~cech.:r.es. saie and lien ;:ri:::rity in :as: of
::eiin~:.!s!'i=Y as !s ;;rovi:::e: for ad vai:;i:.-:'l taxes.
D~FINITIONS
Acre or _Acreage l7ie.a~ 1l"le area =-~ c ?ar=el 2S s:;own on the latest ma~s -' ti,e
;'ss;ss:;.r :f.~'ie C::.:.;r;:y =~ s.a:': DIe;::. ::r If ::15: ai:c: ::;f suc.~ Par=:! is not s:-:::v.~ ::n
S:.:=.i ;'.ssessor S i.".a;:s. :~,= 2:'":2 2S S:1~wn on 2: CJfi"ent re~de= s;.:bdivisiCi, ::-.a:>.
;:ar.:el :7.a? re~rd of Su:","'=y or otn=~ ..e~rded cO=:.r.71ent c::"eatin; or desc:i::inc the
Parcel. If the ,pre=e::in; rna~s are nct c.....aila:;,le. t~r: area shall be cetermine: ::y t;-I:
City E:1gineer.
Administrative Expenses means the cirect and indirect -ex;>enses incurred by the City
in carrying out its cuties wiL"l re5;>e:: to the District (including, but not limited to. the
levy and colle~ion of t"le s;>ecial ~axes) inclucing the fees and exper.sas of its C::lunsel,
-ei"1Y fees of the County relate:::! 10 t:.e District or t,e collection cf special tzxes. an
cllo::at>le share of "the salaries of City s~Gff directly related thereto and a proportionate
a~:'Iunt of t.'1e City 5 gener21 a::rni:"'l:s:rc:ive overhead related thereto. any amourlts paid
::y the City fr~:n its ge:ierai f:.Jo~d Wlt~ res;::>e::t -:0 the District. and all other cos~s 2nd
EX;:H:nses of the City relatec t~ :~e D:s::-i::.
3uilding Square Foot or Sqt.:are footage means the square foc:age as shown en a
?arcel's building ?ermit, ex::lu::i."g r;a~a;es or o::ier stru::tures not ~s=d as living space.
City i."le2:;S the Ci:y of Chwla v:.St2.
/3
r "
wromance 2756
Page 4
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Ordinance 2756
Page 5
Developed Parcel means Taxable Pro;>er.y 10r whic:h a 10:.mcation building permit or
other brm of building permit has been issued as of March 1 of the ;>receding Fiscal
VeaL
District means the Preserve Mainter.ance District Community Facilities District
N::l. Si-2 of lhe City of Chula Vista.
FinaLMap means a re~rded Trae: Ma;:> or ?ar::el M2!,.
Fiscal Year means the period starting on July 1 and ending the following June :3D.
improvement Area r.'1ea:1S O:le of the tw:; s;>e::ific arEas as S~:)W:1 i~ :xhbit 5.
Maximum Special Tax m:ar.s L,e ~axi~:..:r.i S?e::ial tax t~E ::an :>; levied wi~hJ:1 =2::;'
lr.-.;;rovement Area within CFD No. 57-2::y :he City Council in a"y Fis::al Year for ea=-"'l
? ar:el oj T axabl: Prope~y
Non-Residential Parcels shall induce :2:" ?ar::el withi:1 the Dis~ri::: w:,ic.'1 is ZDne:
for ot.,er tt'.an Residential Uses byt.'1e City
Non-Residential Uses s:--~II in::lude all Developed Par::e!s whiCi are not zoned fc,
Residential Uses includin!; c:Jr.1t.ler::;al. in:h.:strial, and Community .?u~ii:: ;: a::iiities
(C?F).
Operating Fund ,means "2 f:.Jnd that s~all :be maintained for 2ac.io:l Improvement ;..~==
within the District for any Fis::al Yaar 10 ;;ay for Resource Monitoring amtior ?ras:rve
O;::;eratior.s and Maintenance activities and Administrative Ex;::H!nSes.
Operating Fund Balance means the amount of funes in L....e Operating .Fund for aac.....
Improvement Area at1he end of the preceding Fiscal 'Year.
Operating Fund Requirement mea:-.s 10r any Fiscal Year an amount for eac.')
Jmprovement Area equal \0 the Resource Monitoring Fund Requirement and the
Preserve Operations and Maintenance Fund Requirement for the current Fiscal Year in
which Special Taxes ara levie:::i.
Parc::el,means any San Diego County ;:'.ssessor's ?arcel or ?o:"tion thereof that is within
the bouncaries of the Distri~ desigr.ated on a map of 1he San Diego County Assessor
2nd whic., has been assigned a disC'":!e identifying num~er on 1he equalized tax rolls
of the County.
Preserve Operations and Maintenanc::e means these acHvities defined in Part II A. of
::ie S;Jecial Tax Report ca~ed July 1~ i5SB for Comm:.:nity Facilities District No, 57.2 of
::re City of Chula V!s:a.
;3
Ordinance 2756
Page 6
Preserve Operations and Maintenance Fund Requirement means for any Fis::al
Year an amount appli::able 10 Improvement Area A equal to the budgeted costs for
?,eserve Operations and Maintenance ;>I:.!s a pro-rata share of the budgeted
A:Li'linistralive Expenses of the Distri:t br t.,e current Fis:al Year in which Spe:::al
T= are levied.
?.esidential?arcels sh211 b:hJ:ie ::a:." ?i!;=~1 'Nithiil the Distri::t vf.1i~., is 20::e:i br
~esi:!e!l:ial Uses by the Cily_
rtesidential Uses sr-~II -in:iu:ie 1.':5: resi:e:1tial :..:ses as ~e~jtte::J ;:'1 the City Z:I;'li:i::
o,:I::-.an:e.
Reserve Fundmea:-:s a f:J:i:i that.shall :,e :iiaintabed f:Jr =2=.' lm?:":wement ";;:2 to
.?j~vitie ne::essary cash flow f.or the fr.st s:x i.l:J:"1ths :;f =.2:."1 ;:-!s:al Ye=j~ worki;1; =a?i~al
~ =,ver ,1i1:):1it:J:"i:i;. main!e:i2:"1::e a."'d r=~air :=s1 :JverruT'!S 2nddeli:1~:Je:l:::ies 'that i":'".2Y
2:":se in c:i:'1e=io:1 with the :::.lIe=.bn of S?!~al laxesan:i a reasoiO~le b:.;ffer a;ai:'1st '.
:a:"~; var;a.:io:-:s i:'l 2:"1n:.;sl s!,!=ial :zx a~~~~s.
Reserve Fund Balance means 1he 2:i'1:J:J:it ~f fun::s in 't'1e R~serve Fu:'lo 'at t~e e~: ::.f
t:,e ;J~:ii:1; Fiscal Year.
.Reserve -Fund Requirement means an amou:"lt e~:;al1o'~ -to' 00% of 'the O;>erati~;
;:,:n:l Requirement 1:>r any Fis::al Year
Resource Monitor.ing Program mearo.s 1:,ose a::tivities defined in ?art II 3. of the
Spo..ciaIJax Report C::ated July 1, 1935for C:>mmunity Facilities Distric:tNo. S/c2 of the
City of Chula VISta.
_Resource Monitoring Fund Requirement means for any Fiscal Year an amount for
-ea::!llmprovemenl Area equal 10 tt..e Im;J'ovement Area's fair share of the budgeted
t::lsts of -the Resource Monitoring Program plus a pro -rata share Of the budgeted
A:lminislrative Expenses of the Distric:t for the current Fiscal Year in which Special
Taxes are levied. An Improvement Area's "fair share" shan be based upon the
ImtJrovement Area's percentage of "the -lo~al a::.-eage within the OtayRanch General
Develo;>ment Plan Planning Area for whi::., a Res::>urce Monitoring Program funding
rne:::-oanism has ~een es~atJlished.
Special Tax means the special tax :>r s::>ec:al taxes a::l:Jally levied within CFD No. 57-2
ea::., Fiscal Year.
Special Tax Liability br ""y Fiscal Year is a" ""'O:.I:1t sufficient to pay'the costs of an
Improvement Area within the Dis:rict e:;:Jal to: (i) the Resource Monitoring Fun:!
Re=tuirement, and Preserve Opeiatj~:"1S a:'1::J Maintenan::e Fund Requirement, le5s the
O;>erating Fund 3a!an::e. a:"l:l (ii) ~:"'Ie ?:s~rve Fun=' Requirement. less the R:s:r"ve
F U:'l:l 3alan::e.
/~
Tax Categories are ~..~se Caleg:>riesl, II and III des::ribed i~ ~'le b:>dy here::>!.
Taxable Property is all real propeny or Parcels within the :J::>undaries of the Distric:
which are not exempt from:the Special Tax pursuant to L'le law or which are not
classiii~d or assigned to the ExemptCalegory as defmed herein.
C2te:::r.-i~s of 50e=;;1 12xes
Category I
Ca:e;:~f I includes ea:;, Developed Pa~1 wi~'linthe Distri::. (Category I)
T;i: U.axirnum Spe::::al Tax for ,Resour---e JJi~.,it:Jr.ing., an: ?~.eserve O~ei2tions and
Mair:te-a:1ce1hat i.i2Y t:e levied for .r.:scal Year 1=5B1.99.c:"l ea::h Dev.el:::;:;e: ?arcel
shall :Je at the TIales set forth in Table 1 below. for Residenlial Pan;e!s :the Spe::ia] Tax
shall :Je levied based C?on Builcfmg Square Footage and for Non-Residential Parcels
shall :Je levied based on Acreage. Tile Maximum Special Tax shall be inc:rsaser! or
de::r:ased each Fis:al Year ~-ater bya fac:tor which is L'le lesser of the annual.
percen:a;e change in the January .to January San Diego Metropolitan Area All 'Ur::an
Consumer Price Index (;.II .ltems) or L'le annual percenta.;e c:.'lange in the estimated
Calif::r:Jia Fou~'l Q:.;aner Per Capita personal Inome as ontained in the Governor's
tL:d;;et published "YS~f January. .
T-.Bt: 1
MlximumSpec:iaJ Tu
CategDry I
Resource
Monitgting
Oper.nion '&
tI.aintenance
IResidential P..arcels
Non-Residential ?arcels
I
I
I
SD.DD<9 per sq. 11.
SBD.95 per AcTe
SD.OD7B pet' sq. 11.
S128.53 per Acre
Category n
Cate;;ory II includes eac:.'l Parcel of Taxable Property within .the District for which a
Fi~al Ma;:> has been recorded,but whic." is not classified as a Developed Parcel
(Categ=>"f II).
Tne Maximum Spe:,al Tax for Resource Monitoring, and Preserve Operalior'.s and
Maintenan=e that may :Je levied for -Fiscal Year 199B1S9 on eac:.'l Parcel in Category II
shall be as shown in Table 2 below (said amount to be levied pro rata for any ponion of
an A:::e). Said Maximum Specia! Tax shall be increased or decreased each Fiscal
Year thereafter by a fa=tor which is the lesser of the annual percentage change in the
Jan:.;ary :=> January San Diego Metropolitan Area "'II Urban Cor.sL:mer Price Index (All
Ite::1s) :)~ ~he anilual ;>er:.ent2:ge chcm~e in the es:imated Caiib:-nia Fourth Quar:er ?er
/1
Ordinance 2756
Page 7
.'
Ordinance 2756
Page 8
Ca;Ji~a ?ers:l:'"ial income 2S c:mtained i:1 U1e G::wemjr s b:.Jd2et ~u!:>lished every
Jan~ary.
7.<.3LE2
.....arinr.nn Special Tax
Category U
I
I
Resource
Monitoring
S30.~ per J.,:;:!
Operation &
Maintenance
s.2e.53 ;>or "'=
Category III
Ca:e;:>;y 111 i:l:l:..des ea::.~ ?ar=~J of T2xaj~ ?rO;Ei!,.' wit,::') the D:strict :"l:>t su:,je:tt:; a
S;;=::;al Tax un:ier a:"lY ct:,er ::ateg:>ry rCa:egory IIr).
Tn:: Maximu:n S?e=JaITax whi=., r;-2.Y :,e levied for Fis:al Year j 9;5/=3 on Taxaoie
?r:::;;=ny wilhin Cate;;:>:)' 1115;-0211 ~ as shown in Tatlle 3 tlelow (sai:i amO:Jnllo be
le\.ied pr~ ra:a for any ?:Jrtbn of 2:'1 .L.::e). Said Maximum .S;>e~al Tax s~2IJbe'"
i:'1=ea.sed or de=:'e2seti :c:..., Fis=al Year thereiSter by a fa::torwhi=., 1s .the lesser of
the annual per:entage ,Cia:1.;Je in the JZ:"I:Jary 10 January San viego Metro;:>oii!2n Area
All Ur..anConsumer Pri::e In:iex (All he::-:s) or .t"le annual percentage c.'.ange in tne .
estimated CaIifo:7lia ;: o:.J:':h Q:.;a:"ter ?er Ca;:>>ita ?ersoiial ,In=:Jrne as contained in the'
G:>vemor's tl:J:i;el pu;,Hs:-,ed every Jan:;ary.
~
T.<.3LE J
r:.zximum Sp:c~~ i.x
Category III -
I
I
Resource
Monitoring
S51.21 per 1.=
Operation &
Maintenance
581.30 per A.cre
Exempt Category
The Exempt Category in::ludes each property owned, conveyed or irrevocably offered
for dedication to a public agency or land which is in L'le p:J;,lic righl-:>f-way, unmanned
utility easements whic'1 make utilizati:J:1 'for other 1han the purpose set forth in the
easement "impra=:ical, common areas, private streets and parks, and open space lots
("Exempt Category").
.:'.s:siO:imenl ~o Cale:J:Jries of S::>e::.;al leX
On or about July '1 of ea:h year, (:,ul in a:1Y even1 in sufficient time to include the levy
of the Special Taxes on the CO:Jnty's se::Jred tax roll), the City shall assign each Parcel
within 1he District 10 Category I, Calego')' II, Category III or the Exempt Category
?arcels subject 10 levy shall be deteri7lined based upon the records of the San Dieoo
County Assessor -
If/'
Ordinance 2756
Page 9
Lew an: ~.:Joortionmenl of Soecial Taxes
The Cfiy s:-.all determine the Special Tax Liability for eadllmprovement Area i:-. ea::h
ris::al Year on or ~o:JI every July'. Special Taxes shall then be levied on sa::h
?ar::el :::assified as :t."ls Category I. Category 11. or Category III in the following order of
;Jriority- .
Im:>rovernent Area A.
Step': ~etermine L"le revenue whii:h t:luld be generated by .Parcels assigned to
Category I by m:Jltiplying1he Building Square .Footage f:>r Par:;e!s classified as
:'<esidential Par::e!s t!Y the 'Maximum Special T~ per Bui1::ling Squarer.:lot lor
;:;ssour::eM::ni:oring. and .Prese."V!l Operations and flf02inle!"02nce ior Par::els
a7i~ ad::iin~ 't;:) ~that the m2ximum .revenue .which c:;:)Uld..be gene:at:::{ by
;::~Itiplying thelotal a::res for Parcels classliied as Nor~:'<esid;mtial Par::e!s tly
:'_.! Maxim~"i':i S~:ial Tax :per Acre for Resource M~:1itoring and ?:;s::-ve
O::eratior.s,an:::: Maintenance.
. .
Step 2: If ~e "total i:venue2S calCJlated in Ste? :1 .is 9r~&er tri.an :t"1e estii7.at=d
S::e=,al Tax Liabiiily for Improvement Nea A. .reduce L"le Spo..:::al 'Tax I::r eac."l'
Par::el prD?C.Jonately so 1hat'1.'>e Special Tax levy' f:>r L"le F,s::al Year is e:;L.:al
t=.:.he S;>ecial Tax Liabilityfort"ie Fis:al Yaar.
Step J: If :.o.:etot21 T~Y:i1ue cas 'c;aic,Jlated.in Step 1 is less than trie Spe:;al Tax'Liabilrty
fei Imprcve.!'n;~t AreaA.;2 Special Tax shall be Jevi~ ~';)on :cl:h ~Pa==l wit,~i:;
Improvement ;'~ea A. classified as Category IL The Special Tax ior Par=:!5
assigned to Category II shall be c:a1c::Jlaled as the lessor of:
(i) The Spe::ial Tax Liability for Improvement Araa A as determined by the
City. less to"le total revenue generated.for all P.ar--..e!s under Slep 1 a!:love.
divided by the total .Aces for ,all Parcels within Improvement ;.rea A
assigned to Category II.
O?-
(ii) the Maximum Spec:al Tax rate for Parcels assigned to Category 11
Step 4. If :'"ie total revenue as calculated in Step."I and 3 is less than the Special Tax
Liat>i1ity. for Jmprovement Area A. a Special Tax shall !:le levied upon eac~
Par:el within Improvement Area A classified as Category III. The Special Tax
lor Parcels assigned to Category III shall be calc::Jlated as.the lessor of:
(ij The Spe:::al Tax Liability for Improvement Uea A as determined ':oy the
City, less the total revenue s;enera1ed for all Parcels under Ste;:> 1 and 3
a:>ove. civioed by the total AC"'es for all Parcels WIthin Improvement ;':=2 P-.
assi;;.e:: ~o Category Ill.
If
Ordinance 2756
Page 10
OR
[ii) L"le Maxi07l:.r.:1 S;>e:ial Tax rale for Par::e!s zssigned to Calei!:>~ III and
wilhin Im;>~ovement Area A.
H:>wev:~. ;:, the eye:1~ i: :s determined that .the S;:>e:ial Tax U~i1ity f:x 1i7l~r::)V=m=:it
ke.c ;... i:-::1;;:ies deJi;-q:">;:11 Special Taxes from ?a:-.:e!s in Ca~=;:>:y IJJ from i~:= ;:>rior
i=is=ai ':'ea:". ~he City s:;a.JJ determine the amount of deJinque:'lt ~2xes that ar:l'se from
s"t.'l Pa~:e!s and i:ie:o:i7y the owner(s). The amoCJl110fdelin=1uenl S;>ecial Tzxes, if
z"y, l,~a: a~ose fr::m I~ a;:>;>lic:able owner(s) shall firs! be divide:! by the :total Category
IIJ ';=es ~/,';1e:! by s:::.'l ov.."er{s] and olle::!ed fromlhea;>;:>ii::a:>le owner(s) with the
r;:7i2ini:i; ;:T:.:iion of 'the S;;>e:ial lax Liatlility n:::11 re:,ate:j'to deii:1~~ilt S~:ial Taxes 10
je c:>Ji:=:::fr:l:i"l all ?a~=e!s in Cate;:>:')' III Bc:::lr:iin; 10 the ;Jro:e:l~r= set fo~:-; 'i;") the
;:J:-e::e::;:-:; :;a:-a;:ra.;;h.
Im:>rovement AreaS
S1ep 1.: D=:;:;ni~et:,= ;=venwe whi::.'i ~Jd be ;enerate:i t:ly ?arce!s 2ssi;:1e:j to~.
I"".;>~:>veme"t kea 3 for Resource Monito~jn; by mulli;:>lying Ihe 10tal ;Ces for
?a~:a!s assi,,:1e:: t:> Cale;::>~ III by the 1.t.aximu:':'I S?e:::al Tax for Categ:>:y III.
Step 2: If t~e total re\':!:'l:Je 2S cal=:;lated in St~~ 1 is greater than the S?e~al Tax
La:>ility for Im?~:>vement Area .:I, redu:e the Spe::.'al Tax for each?arcel
;>~o;:>or:ionately S::>lhat the S?e:ial Tax levy for '\he Fis-...al Year is equal 10 the
S;:>e::ial Tzx Lia:>ilny for Improvement Area 3 for the Fis:aIYear .
However, in L"lS: event it is determined .that :the S~e::ial Tax Lia:>i1ity for Jm"rovement
Area 3 j:1:lu:ies deli:1=1uent Special Taxes from Parcels in Category III from 'the prior
Fis:aJ Year, the Cily s:-:all delermine .L'le amount of delinquent taxes thaI arose from
such Par:e!s and iden:f.y '\he owner(s). The am::>unl of delinquent Special Taxes, if
any, L':at a~::se from L'le a;:>plic:able owner(s) shall first be divided by Ihe lotal Category
III Ac::-es Dw:'led by su::.'l owner(s) and collected from t"'e zp;:>li:able owner(s) with the
remaining i=':J:1ion of the S~ecial Tax Liability not related 10 delin~:.Jent Spe:::ial Taxes to
be c:JJle::!e:j from all ?a~::eJs in Category III a:::::Jrdina to .the ;>fo::e:fure set fo..:, i:1 the
Ste;:> 1 a:1::::' 5:e;:> 2 a::K>ve.
/-, A
.--:L,v
"
Ordinance 2756
Page 11
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 13th day of October, 1998, by the following vote'
AYES:
Councilmembers:
Padilla, Rindone, Salas and Horton
NAYS.
Council members:
None
ABSENT.
Council members:
None
ABSTAIN:
Councilmembers:
Moot
lhA~~
Shirley Ho on, Mayo'r
ATTEST:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Beverly A. Authelet, City Clerk of Chula Vista, California, do hereby certify that the
foregoing Ordinance No. 2756 had its first reading at a regular meeting held on the 6th day of
October, 1998 and its second reading and adoption at a regular meeting of said City Council
held on the 13'h day of October, 1998.
Executed this 13'h day of October, 1998
Beverly A. rtl.uthelet. City Clerk
2/
.-
'p/~
\0 "
,.
ATTACHMENT ~
ORDINANCE NO 2768
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA. CALIFORNIA. ACTING AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 97-3 (MCMILLIN OTA Y
RANCH SPA ONE) AUTHORIZING THE LEVY OF A SPECIAL TAX
IN SUCH COMMUNITY FACILITIES DISTRICT
WHEREAS. the City Council has initi?ted proceedings. held a public hearing. conducted
an election and received a favorable vote from the qualified electors authorizing the levy of
a special tax in a community facilities district. all as authorized pursuant to the terms and
provisions of the "Mello-Roos Community Facilities Act of 1982." being Chapter 2.5. Part 1.
Division 2. Title 5 of the Government Code of the State of California (the "Act"). This
Community Facilities District is designated as COMMUNITY FACILITIES DISTRICT NO. 97-3
(MCMILLIN OTAY RANCH SPA ONE) (the "District")
3E: IT ORDAINE:D AS FOLLOWS
SECTION 1 This City Council does, by the passage of this Ordinance, authorize the
levy of special taxes pursuant to the rate and method of apportionment of the special taxes
as set forth In E:xhiblt "A." (the "Rate and Method"). referenced and so Incorporated.
SECTION 2, This City Council, acting as the legislative body of the District. is hereby
further authorized. by Resolution. to annually determine the special tax to be leVied for the
then current tax year or future tax years, except that the special tax to be leVied shall not
exceed the maximum special tax calculated pursuant to the Rate and Method. but the special
tax may be levied at a lower rate.
SE:CTION 3 The special tax shall be collected in the same manner as ordinary ad
valorem taxes are collected and shall be subject to the same penalties and the same
procedure. sale and lien priority in case of delinquency as is provided for ad valorem taxes.
SECTION 4. The special tax shall be secured by the lien imposed pursuant to Sections
3114.5 and 3115.5 of the Streets and Highways Code of the State of California. which lien
shall be a continuing lien and shall secure each levy of the special tax. The lien of the special
tax shall continue in force and effect until the special tax obligation is prepaid. permanently
satisfied and canceled in accordance with Section 53344 of the Government Code of the
State of California or until the special tax ceases to be levied by the City Council in the
manner provided in Section 53330 5 of said Government Code
SECTION 5 This Ordinance shall be effective thirty days after its adoption. Within
fifteen days after its adoption. the City Clerk shall cause this Ordinance to be published in a
newspaper of general circulation in the City pursuant to the prOVisions of Government Code
Section 36933
;23
~;~~n~TW~H~An A
Presented by
Approved as to form by
1 ? t~ _ ,
:: l
\,~L. -'0 / .kHr4-
John Pj Lippitt ' "
Public' Works Director
/
Jo, M. Kaheny
C y Attorney
.:<(
Ordinance 2768
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 5'" day of January, i 999, by the following vote'
AYES:
Councilmembers:
Davis, Padilla and Horton
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
Salas
ABSTAIN:
Councilmembers:
Moot
s1I::f::tnff::otf
ATTEST:
<Lu D.A-~' ~ I J~)
Susan Bigelow, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 2768 had its first reading at a regular meeting held on the i 5'" day of
December, i 998 and its second reading and adoPtion at a regular meeting of said City Council
held on the 5'" day of January, 1999.
Executed this 5'" day of January, i 999.
~11." OJ- 8 'Y:'-J ,(L.)
Susan Bigelow, City Clerk
?-b
'01 {Uti(
'..-
fr
/
ATTACHMENT'1)
ORDINANCE NO. 2151
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY
OF COMMUNITY FACILITIES DISTRICT NO. 98-1 (OPEN SPACE
MAINTENANCE DISTRICT [OTAY RANCH, LLC-OVP-SPA ONE,
VILLAGES 1 WEST, 2, 2 WEST, 6, 1 & PLANNING AREA 121),
AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH
COMMUNITY FACILITIES DISTRICT
WHEREAS, the City Council of the City of Chula Vista (the "Legislative Body"). has
initiated proceedings, held a public hearing, conducted an election and received a favorable
vote from the qualified electors relating to the levy of a special tax in a community facilities
district, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community
Facilities Act of 1982." being Chapter 2.5. Part 1. Division 2, Title 5 of the Government Code
of the State of California (the "Act"). This Community Facilities District is designated as
COMMUNITY FACILITIES DISTRICT NO. 98-1 (OPEN SPACE MAINTENANCE DISTRICT
[OTAY RANCH, LLC-OVP-SPA ONE, VILLAGES 1 WEST, 2, 2 WEST, 6, 1 & PLANNING AREA
12]) (the "District").
BE IT ORDAINED AS FOllOWS.
SECTION 1. The above recitals are all true and correct.
SECTION 2. This Legislative Body does, by the passage of this ordinance, authorize
the levy of special taxes at the rate and formula as set forth in Exhibit "A" attached hereto
(the "Special Tax Formula"). referenced and so incorporated.
SECTION 3. This legislative Body is hereby further authorized, by Resolution, to
determine the specific special tax rate and amount to be levied for the then current tax year
or future tax years, except that the special tax rate to be levied shall not exceed the maximum
special tax rate as authorized pursuant to the Special Tax Formula, but the special tax may
be levied at a lower rate.
SECTION 4. The proceeds of the above authorized and levied special tax may only
be used to as authorized by the Special Tax Formula.
The proceeds of the special tax shall be levied only so long as needed for its purpose,
and shall not be used for any other purpose.
SECTION 5 The above authorized special tax shall be collected in the same manner
as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the
same procedure, sale and lien priority in case of delinquency as is provided for ad valorem
taxes; however, as applicable, this legislative body may, by resolution, establish and adopt an
alternate or supplemental procedure as necessary
SECTION 6 The above authorized special tax shall be secured by the lien imposed
pursuant to Sections 3114 5 and 3115 5 of the Streets and Highways Code of the State of
California, which lien shall be a continuing lien and shall secure each levy of the special tax.
The lien of the special tax shall continue in force and effect until the special tax obligation is
;<7
Ordina1'J!!l!~4H"" A. ITA
Page 2 ~ VJ:HV,. Vli>\.
prepaid, permanently satisfied and canceled in accordance with Section 53344 of the
Government Code of the State of California or until the special tax ceases to be levied by the
legislative body of the local Agency in the manner provided in Section 53330.5 of said
Government Code.
SECTION 7. This ordinance and special tax shall be applicable for the referenced
District, as well as any future annexations.
SECTION 8. This ordinance shall be effective thirty days after its adoption. Within
fifteen days after its adoption, the City Clerk shall cause this ordinance to be published in the
"Star-News." a newspaper of general circulation in the city, pursuant to the provisions of
Government Code Section 36933.
Presented by
Approved as to form by
I
,/
John . Lippit
Publi Works Director
-'
;)f
Ordinance 2757
Page 3
EXHIBIT A
Part IV _ Rate and Method of"Apportionment of Special Taxes
ANNUAL TAX
A Special Tax shail be levied annually cn la-*:: within Community FacilitIes Distrid No. 5S-t
(Interim Open Space Maintenance Distrid) 01 the City of Chula Vista (:he "Distrid-). and
colleded ac:ording to the Special Tax Lia:,iiity determined by the City of Chula Vista (U1e
"Citf) U1fough1he applicatIon 01 the lollowlng procedures. All of the prcpe~y wiL"1in the Dis:rict.
unless otherwise exempted by law or the express provisions 01 the rate and method 01
apporJo."1.":lent expressed below. shall be :axed to the extent and in the manner provided below.
All Special Taxes applicable to Parcels shall be colleded in the same manner and at the sa.."'e
time as ordinary ad valorem property taxes. and that Special Taxes so levied will be subjed to
the same penalties and procedures. sale and lien priority in case of aelinquency as is provided'
for ad valorem taxes.
DEFINITIONS
Acre or ~creage means the area of a Parcel as shown on the lates: maps ef the Assessor ef
the County of San Diego. or. if the area cf sue:. Parcel is nol s."1cwn an s...c."1 Assessor's maps.
U'le area as shewn on a C"..:trent rec~rded subdivision map. ;::ar::el ri.a~. record cf survey :::r
other recorded d=enl c:aating or descnbing the Parcel. II the preceding maps are net
a',aitable,. the area shall be dete!1T1ined by the City Engineer.
Administrative Expenses means the Cire::t and indirecl expenses ir.C'$red by the CIty i..
car~ing oul its duties with resped Ie :::e D,s::-i::: (inc!uding. bul not limited Ie. tl';e levy ar.d
::::Uection of the Special Taxes) inch..:cir.; to":!: :;25 and expenses of its COL:nsel. Any fees of the
County related to the District or the c::;lIec:ion of Special Taxes. ar; allocable share of the
salaries of City staff diredly related thereto. ;;.,y amaur.ts paid -:.y the CIty Iram its general fund
with resped to the District. and exper:ses inC'..Irred by the Cily ,n undertaking actions 10
foreclese on properties for which the payment 01 Special Taxes is celinquent, and all other
costs and expenses of the City related 10 tr.e District.
City means the City of Chuta Vista
District means the Interim Open Space Main:enance D,s:ri::: - SPA One (Villages One West.
Two West, and portions 01 Villages Twe. Six. Seven and Planning Area '2) of the Co'mmunity
F acililies District No. 98-1 of Ihe City of Chula Vista.
Facilities means those improvements defined in Part II of the Special Tax Report dated July'.
1958 far Community Facilities District No. 55.' of the City 01 Chula Vista.
Fiscal Year means the period s;aning en July' and ending the fellowing June 30
p..q
Ordinance 2757
Page 4
Maximum Special Tax means the maximum special lax that can be levied wilhin CFD No. :;:;-1
by the City Council in any Fis::al Year for each Parcel of Taxable Propeny
Operating Fund means a fund that 51-,all be maintained within the District for any riscal Y:a:-:::
pay for l'e-actual costs of maintenance, repair, and replacement of the Facilities. and t:;e
Administrative Expenses.
Operating Fund Balance means the amount of fu:;::!s in the Operating Fund a: 1:;2 end 0: :;,e
preceding ~iscal Year
Operating Fund Requirement means for any Fiscal Year an amount eqwal 10 Ine bwc;2:ec
C::lsts of to.,e maintenan:e, re;:Jair and re;:>la::ement of the Facilities whi::." have ~e:n a==e?:e~
and maintained by the District or are reasonably expecled to be accepted and ~aintained by
the Distri:t d:.Iring the CJrrei"lt Fiscal Year plus the budgeted Administrative Ex?enses of ::12
District f:lr the current Fis=al Year in wni::.'1 Special Taxes are levied.
?arcel r.1E2:-:S any 5iS:1 Dieg:l County Assessor 5 ?arcel or p:J:tion thereof ::-;a: :$ wlt~..U~ ::"1:
bouncaries :;f the Distri::: designated on a map of t;'le San Diego County Assessor g:1C Whl:'~
has beer. assigned a dis:rete identifying number on the equalize:1 tax rolls of t~; Co~n!y .
Reserve Fund means a fund that shall be mainlalned to provide necessary cash now for
operations and maintenance for the first six monL.,s of each Fiscal Year, wo:1<ing capital 10
cover mainter.ance and repair cost overruns and c~linquencies that may arise in c:m:1e:tion
with the olle::tion of S;Je:ial Taxes and a reasona~l! buffer a;ainst large varia:Jo:"\s In 2:1n:..:aJ
special tax a~ounts.
Reserve Fund Balance means the amount of funes in the Reserve Fund a: l:Je en::! 0: t:J;
preceding Fiscal Year
Reserve Fund Requirement means the required balance in Ine Reserve Fund equal 10 up 10
100% of the Operating Fund Requirement.
Special Tax means the special tax or special taxes actually levied within CFD No 53-1
Special Tax Liability for any Fiscal Year is an amount determined sufficient 10 ;;ay the ccs:s cf
the District, including: (i) the amount required to be deposited into the Operating Fund to meel
the Operating Fund Requirement. less the Operating Fund Balance, and (iil the lo:al amour:t
required to be de?osited into the Reserve Fund if any. to meet t:'e Reserve Fun: Req:lir:me:'1t.
less the Reserve Fund Salance.
-~
30
Ordinance 2757
Page 5
Taxable Property is all real propeny or Parcels within the boundaries of the District whic., are
not exempt from the Special Tax pursuant to law. or whicll are not classified or assigned to the
Exempt Category as defined herein.
Cateoones of Scecial Taxes
Taxable Category
The taxable land category includes ea::.... Parc,,1 of Taxable Pro;Jeny assig"ed 10 the District
(Taxable Ca\egory).
The Maximum Special Tax whic., may be levied on eac., Parcel within the Taxable Category for
Fiscal Year 1998199 shall be S 103 per Acre (said amount to be levied pro rata for any ponion of
an Acre). Said Maximum Special Tax So"lall be increased or decreased each Fiscal Year
thereafter by a factor which shall be the lesser of L,e annual percenlage c.'lange in the Jan"ary
to January San Diego Metropolitan Area All Ur..an Consumer Price Incex (All lIems) or the
annual percentage c"ange in the estimated Califcmia Founh Quaner Per Capita Personal
InC:Jme as C:Jntained in the Govemor's budget published every January
Exempt Category
The exempt category includes eacl, proceny OW:1ed by. C:lnveyed or irrevocably offered for
dedication to a publiC agency. land whic.'l is in the public right-cf-way unmanned utility
easements whic.'l make utilization for other tt:an the purpose set fonh in the easement
imp~aC::ical. common areas. privale stre<:!s and parl<s, and open spece lets (Exempt Category).
Assicnment to Cateoories of Soecial Tax:s
On or about July 1 of each year (bul in any ev<:nt in sufficient time to .r-cluee the levy of the
Special Taxes on the County's secureC lax roll) me City shall assign eac.., Parcel within Ihe
District to the Taxable Category. or Exempt Category Parcels subject to levy shall be
determined based upon the records of the San D.ego Counly Assessor
lew and Aooortionmenl of Soecial Taxes
The City shall determine the Special Tax liability for the District in each Fiscal Year on or about
every July 1 (but in any event in sufficient time t::J include the levy of the Special Taxes on the
County's secured tax roll). Special Taxes shall thE;' be levied on eac.., Parcel within the Dis:rict
as follows:
Step 1: The Special Tax per Acre for Parcels assigned to the Taxable Category shall be
calculated as the lessor of:
(i) The Special Tax liability for the Distric: as determined by the City, divided by L,e
total Acres for all Parcels assigned to the Taxable Category.
3/
Ordinance 2757
Page 6
O?~
(ii) t'1e Maximum S;Jecial Tax rate for Parcels assigned to the Taxable Category
Step 2: T.,,, City shall a::vise the ow:1er of Parce!s wit,in the District of the Special Tax Liabill:y
fo~ ~~e next Fis:al Year.
Step 3: T..,e ~er(s) of Parcels within the District, may at its e;,,::Iio:1, de;Jcsit b:1::s with ::1e
Ci:y ;Jrior to July 15 sa::., Fisca! YS,ar, in an amount eo:;a! to the Parcel's S;Jecial Tax
~":1i:., shall be de~::sited into the Operating Fund and Reserve Fund of t:'l; District.
Step 4: I: t';e fU:1::!s de;Josited with the City is less thall the Parcel's S;Jecial Tax for the Fis::al
Year, thell as;Jecial Tax shall be levied equal 10 me Parcel's S;Jec:al Tax as
d=~ermined in Ste;J 1 minus any funds deposited for the current Fiscal Year pu:"suam 1:J
S:";J3.
'.
...-/
3;2,
.
Ordinance 2757
Page 7
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 13'" day of October, 1998, by the following vote.
AYES
Councilmembers:
Moot, Rindone, Padilla, Salas and Horton
NAYS.
Council members:
None
ABSENT,
Councilmembers:
None
ABSTAIN:
Council members:
None
Sh~~!:in~~
ATTEST
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Beverly A. Authelet, City Clerk of Chula Vista, California, do hereby certify that the
foregoing Ordinance No. 2757 had its first reading at a regular meeting held on the 6'" day of
October, 1998 and its second reading and adoption at a regular meeting of said City Council
held on the 13'" day of October, 1998
Executed this 13'" day of October, 1998
vt~Ct:hJ1~
Beverly . Authelet, City Clerk
33
13/~
. 5'-1
ATTACHMENT f
ORDINANCE NO 2758
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY
OF COMMUNITY FACILITIES DISTRICT NO. 98-2 (OPEN SPACE
MAINTENANCE DISTRICT [MCMILLIN - D.A. AMERICA, OTAY
RANCH - SPA TWO, VILLAGES 6& 7]), AUTHORIZING THE LEVY
OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES
DISTRICT
WHEREAS, the City Council of the City of Chula Vista (the "Legislative Body"l, has
initiated proceedings, held a public hearing, conducted an election and received a favorable
vote from the qualified electors relating to the levy of a special tax in a community facilities
district, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community
Facilities Act of 1982: being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code
of the State of California (the "Act") This Community Facilities District is designated as
COMMUNITY FACILITIES DISTRICT NO. 98.2 (OPEN SPACE MAINTENANCE DISTRICT
[MCMILLIN. D.A. AMERICA, OTAY RANCH. SPA TWO, VILLAGES 6&7]) (the "District").
BE IT ORDAINED AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. This Legislative Body does, by the passage of this ordinance, authorize
the levy of special taxes at the rate and formula as set forth in Exhibit" A" attached hereto
(the "Special Tax Formula"). referenced and so incorporated
SECTION 3 This Legislative Body is hereby further authorized, by Resolution, to
determine the specific special tax rate and amount to be levied for the then current tax year
or future tax years, except that the special tax rate to be levied shall not exceed the maximum
special tax rate as authorized pursuant to the Special Tax Formula, but the special tax may
be levied at a lower rate.
SECTION 4 The proceeds of the above authorized and levied special tax may only
be used to as authorized by the Special Tax Formula.
The proceeds of the special tax shall be levied only so long as needed for its purpose,
and shall not be used for any other purpose.
SECTION 5. The above authorized special tax shall be collected in the same manner
as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the
same procedure, sale and lien priority in case of delinquency as is provided for ad valorem
taxes; however. as applicable. this legislative body may, by resolution. establish and adopt an
alternate or supplemental procedure as necessary
SECTION 6. The above authorized special tax shall be secured by the lien imposed
pursuant to Sections 3114 5 and 3115 5 of the Streets and Highways Code of the State of
California, which lien shall be a continuing lien and shall secure each levy of the special tax.
The lien of the special tax shall continue in force and effect until the special tax obligation is
prepaid, permanently satisfied and canceled in accordance with Section 53344 of the
..36
OrdinancJMliMHOA TT A
Page 2
Government Code of the State of California or until the special tax ceases to be levied by the
legislative body of the local Agency in the manner provided in Section 53330.5 of said
Government Code.
SECTION 7. This ordinance and special tax shall be applicable for the referenced
District. as well as any future annexations.
SECTION 8 This ordinance shall be effective thirty days after its adoption. Within
fifteen days after its adoption, the City Clerk shall cause this ordinance to be published in the
"Star-News." a newspaper of general circulation in the city. pursuant to the provisions of
Government Code Section 36933.
Presented by
Approved as to form by
~ (t'~
Johr. Lippit
Public Works Director
x:;rt'" /u ~
John M. Kaheny .::::=/
,'City Attorney
.....
36
EXHIBIT A
Cateoories of Soedal Taxes
Taxable Category
T;"'\! ~e la..,d cate;:;,:"y in::ludes ea~ Parcel of Taxable ?rot'e:iy assig:1e= t~ t:1e Dis::"i:::
(Taxable Ci!e~ory).
T;,e W.axi::;1;,r:'1 Special Tax which may be levied on ea=-~ Parcel witnin tHe Taxable Cate;:!:"}' fo!"
Fiscal Year ~=:;3199 shall be ~1.52 per Acre (said amount to be levie:: ;;ro ra;a for a:,y ;lO:tio~
of an A:-e). Said Maximum S;lecial Tax shall be in::reased or oe:::eased ea:.., ~is::al Y5ar
t.,ereaner ~y a fa::tor whi:.., shall ~ to"e lesser of the annual per::eil:a~e ch2n~a in ::'ie Ja:1:..:a:-y
to Janua:y Sa., Diego Metro;lolitan Area All Urtan Consumer ?nce Inoex (;'11 1:5~S) or ;:;5
annual pe::en:2;le cha:Jge in the estimated California Four..' Qua;'ier ?er Ca~i:a ?;:"5:;;;;:1
L,come as :;o:>:ained in L.,e Governor's budget publis.'1ed every January
Exempt Category
The exe~t ::ategory in::tudes ea:.'1 property owne: by. conveye: :Jr I:"revo::a~iy cffere= :::::-
dedication ,:; a putJli:: adeney. la:"1d wnich is in tne puDlic n;nt-o;-\\iSy ur.;ua:;i"',s:: ;';.:lIi:Y
easemen!s vt.'1ich make utilization for other than the purpose set forth In to.,e =2se~=:i:
impracti:al. :ommon a~e2S. priva;e s:reets and parks. and op:>en space lc:s r;x:r.i:j:
Category-).
Assionme;-rt i~ Cate~ories ~f 50e021 Tax~s
On or about July 1 of ea:h year (but in any evenl in sufficient lime 10 ""loude tr.5 levy cf ::-.5
Special Taxes on the County's secured'tax roll) the City sI".a1l assign eac."l ?ar;:sl Wl:n.r. :~s
District to L'1e Taxable Calegory, or Exem;lt Category Parcels suo!ect 10 levy s:-'all :e
determined :ased upon lhe records of the San Diego County Assessor
levv and Aooortionmenl 01 Soedal Taxes
The City shall determine the Spedal Tax LIability for the Dlstri:t in e2::h Fiscal Year on or 2~:l:..;t
every July i (:,ut in any event in sufficient time 10 in::luje the levy of It',: Special Taxes on 1:1:
County's sS:::J:ed tax r::;:I). Special Tax:s shall tne:": be levied Oil eac~ Par::el VlI::,i:-: ::-,; 015::1=:
as lollows;
Step 1: The Spe::ial Tax for Parcels assigned to the T2xa~le Cate~:)ry sriall be ::al::u!ate:j as
the lessor of:
(i) Tne S~ecial Tax Liability for ;ne DiS1n:t as determined ~y t:ie City, ci~.:lded by t:;e
1:1:al Acres for all Parcels 2ssigiled to the T2xa~le Cate;:J:'Y
OR.
87
Ordinance 2758
Page 3
"
Ordinance 2758
Page 4
Part IV _ Rate and Method of Apportionment of Special Taxes
ANNUAL TAX
A Spe:::al Tax shall be levied annually en ia;'ld wilhin Community Facili,ies District No. 55-2
(lnte~m Open Space Maintenance D,s::-IO:) of the City of Chula Vista (the -District"), and
c:::llle::1ed a=ding to the Special Tax Liabi!Jty determined by the CIty of Chula Vista (the
-City') t:lrough the application of the following procedures. All of Ihe property within the District,
unless. ptherwise exempted by law or the express provisions of the rate and method of
apP:::l:".i:mment expressed below, shall be taxed to the extent and in the manner provided below.
All Special Taxes applicable to Parcels shall be C:::lllected in the same ro.anner and at the same
time as ordinary ad valorem property taxes. a..,d that Special Taxes S:::l levied will be subje:! to
t"e same penallies and procedures. sale and lien priority in case of delinquency as is provided
for ad valorem taxes. . .
DEi'INITlONS
Acre or Acreage meens the area of a Par::el as shown on the latest maps of the Assessor of
the County of San Diego, or, if the area of suc., Parcel is not shown en suc., Assessor's maps.
the aree as shown on a current recorded subdivision map, pareal map, reC:::lrd of surveyor
other recorded document creating or cescioing the Parcel. If Ihe preceding maps are not
available, the area shall be determined by the City Engineer
Administrative Expenses means ~he c;r::: a;-;c incirac: ax;::s;.sas :~~r:=~ :y t.~e C:ty in
carrying out its duties with respect to the DistriC: (induding. but not limitsd to, the levy and
C:::lllec:ion of the Special Taxes) induding L"e fees and expenses of ils counsel. Any fees of Ihe
County related to the District or the collection of Special Taxes, an allecable shara eftt.e
salaries of City staff directly relaled therato, any amounts paid by the City frem its ;e"eral fur.d
with resped to the District. and expenses incurred by the Cily in under-aking adions'to
foredose on properties for which the payment of Special Taxes is delinquent. and all other
costs and ex;>enses of the City related to the District.
City means the City of Chuta Vista
District means the Interim Open Space Maintenance District - SPA Two (Villages 6 & 7) of the
Community Facilities District No. 58-2 of the City of Chula Vis:a.
Facilities means those improvemenls cefined in Part II of Ihe Special Tax Report daled July 1.
1 SS8 for Community Facilities District N:::l. 56-2 of the City of Chula Vista.
i'iscal Year means the period st~rting on July 1 and ending the following June 30.
---
"g
/'~'
.J.j
Ordinance 2756
Page 5
Developed Parcel means Taxable Pro;:er:y for which a foundation building permit or
c~'er form of building permit has been issued as of Marc., 1 of the preceding i=;scal
Year.
District means the Preserve Maintenance District Community Facilities District
N:l. 57:2 of the City of Chula Vista.
Final.Map means a re::orded TraC: Ma;J ::r ?ar=el Ma?
F:scal Year mears the period star:ing on July 1 and endin; t,e following June 30.
lmproy~ment Area mea."1S :l:l.e of the t\N:; s~e::ific arEas 2S S~~W:i ii. =x;,i:,i: 3.
Maximum Special Tax mea:-.s L,e max::7::":r.1 s?ecial tax t."";a! ::2:1 be levied witiil:1 :a:.~
1i.1;.i:-ovement Area wit.,in CFD No. 57.2 :y :"e City Coundl i:"i 2:"1Y Fis=al Year for ea::......
Parcel of Taxable Proper:y
Non-~esidential Parcels shall inc!uce sa::., Par:el withi:"l t;,e Dis~ri=4 w:-:ic.., is z:)ne~
for oL,er tt.an Residential Uses by L"'le City
Non-Residential Uses s~all incluce all Developed Par::e!s whic."i are not z~ned fer
Residential Uses inclucin!; ~r.1i.\er:::21. ind:..:strial. and Community ?ubii::: Fa::iities
(C?i=).
Operating i=und means a .fund that s~all be maintained fer eac., Improvemer.t A:e=
within the District for any Fiscal Yaar to ;:ay for Resource Monitoring and/or Preserve
Operations and Mainter.ance activities 2.'iO Administrative ~enses.
Operating Fund Balance means the amount of funes in the Operating Fund for eac.,
Improvement Area at the end of the prec=!ling Fiscal Year.
Operating Fund Requirement means for any Fiscal Year an amount for eac.,
Improvement Area equal te the Resource Monitoring Fund Requirement and the
Preserve Operations and Maintenance i=und Requirement for the C'Jrrent Fiscal Year in
whic., Spedal Taxes are levied.
Parcel means-any San Diego County Assessor's Parcel or i'o~jon thereof that is within
the boundaries of the District designated on a map of the San Diego County Assessor
and whic., has been assigned a discrete identifying num~er on the equalized tax rolls
of t.,e County.
Preserve Operations and Maintenance means those aC:ivities defined in Par: II A. of
the Special Tax Report dated July 1. ,:;:;5 for Commt.:nity Facilities District No 9.2 of
t;,e City of Chula Vista.
31
Ordinance 2756
Page 6
Preserve Operations and Maintenance Fund Requirement means lor any F;scal
Year an amount a;l;lli:abJe to Improveme:11 Area A equal to the budgeted costs for
Preserve Operations and Maintenance "I:.:s a ;lra-rata share of the budgeted
A:i-ronistralive Ex;:>enses of the Distri::t br t.,e ~rre:1t :=:s:al Year in whic., S;>e:;at
Taxes are levie:1.
?esidential Parcels S~21l i:-:::i:.J::e ea:..'1 ?a:-=eJ wit:-,in t~e Distri=t w:,i;:;-, :s ::1:-1:= br
"'esidentlal Uses by L"'e Cill'.
rtesidential Uses st'.alJ ~"1:;i:.Jde u"'l::5; iesi:e:1:ial :';5:5 2S ;:H::mitte:j ;:1 ::ie City ::;:;1:;;
~:-:ji:aan::e.
Reserve Fund :7iea:":s is f:.J:1d t~al s~all :e :7.aii"itai:1ed br sa:..' 1i.1;J:":lvel.'lent ..=..::== ::i
j:)r:wide ne~ssary C2sh flow br the firs: s:x :':"1:J:11hs :,f sa::.' :=isi:al Yaa: w::1i"ki:1; :Z:Ji:al
t:: ::JVer w:);'1it:i:i:1;. r.;ainte:oa:1:e 2:1:: r:;;a::- ::=5t ~ve:rur'!s 2nd deli:1~~e:1~es t~a: :-:icy
a::se;:1 ::::::-...,s=i:::l:1 V:1::-: :',e :::JlJe:::i:J:1 of S~e:::al Taxes and is reasoi"Oa:,ie :,:..f.fe:" a;ai:".s~
:a~;: vai";a~i:J:;s i:1 2:101:.;;;1 s;:>e=ial :ax a::-:~:"::i:s.
i={eserve Fund Balance me2::S the 2:i1:l:.J:i: ::of f:.J:1::s i:"1 t~e Reserve :=~i1:j at t:ie e:-:: ::;;
t:,= ?ie""...e=i:"I; Fis=al Year
Reserve Fund Requirement mear:s an 2;71:JUilt e~Jal to :J~ to 100% of the O~g;"ah:"l;
:=:'::1: Requirement for any F:s::al Year
Resource Monitoring Program mear:s th:se a=tivities defined in ?ait II 3. of :~=
Special Tax Report dated July 1.1998 for Community Facilities District No. 97-2 of the
City of Chula Vista.
Resource Monitoring Fund Requirement means lor any Fiscal Year an amount for
ea::, Improvement Area equal to L"'e Im;lrovement Area's fair share of the budgeted
costs of L,e Resource Moniloring Program plus a pro rata share of the budgeted
Administrative Expenses of the District for the current Fiscal Year in which Special
Taxes are levied. An Improvement Area's "fair share" shall be based upon the
Im;lrovement Area.s percentage of L,e total a:::-eage within the Otay Ranch General
Development Plan Planning Area f::>r ...."'1:.' a Res::>urce Monitoring Program func~lng
r.'Ie::;-;anism has :>een es~a=>ljs~ed.
Special Tax means the s;lecial tax ::>r soeclaltaxes actually levied wiL"'in CFO No. S7-2
eae.... Fiscal Year_
Special Tax liability for any ;=Iscal Year's an am::>Cl:1t su;;;cientto pay the c::>sls of an
Im;lrovement Area WIthin L"'e District e~:;aJ to: (i) the Resource Monitoring Funj
Re~uirement. and Preserve Opera~ioj'js Ci;jd Mainter:ance Fund Requirement. leS3 :he
O,:Je:-ating Fund 3ala:1::e, 2:1d (ii) ~~e Reserve Fund Requirement. less the ?es=;,~'e
FU:1: 8alan::e.
I/o
Ordinance 2758
Page 5
(ii) L'le Maximum Spedal Tax ra.a for Parcels assignee te the Taxacle Category
Step 2: Tne City shall advise the owner of Parcels within the District of the Special Tax Liability
for the next Fiscal Year
Step 3: The owner(s) of Parcels within :he District, may at its election. deposit funds with the
City prior to July 15 of each Fiscal Year, in an amount equal to the Parcel's Special
_ }ax which shall be deposited into the Operating Fund and Reserve Fund of the
District.
Step 4: If the funds deposited WIth the City ara less than the Parcel's Special Tax obligation for
the Fiscal Year, then a Special Tax shall be levied aqual to the Parcel's Special Tax as
determined in Slep 1 minus any funds deeesited for the current Fiscal Year pursuant te
Slep 3.
'/-/
Ordinance 2758
Page 6
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 6'" day of October, 1998, by the following vote
AYES.
Councilmembers:
Padilla, Rindone. Salas and Horton
NAYS
Councilmembers.
None
ABSENT
Councilmembers:
None
ABSTAIN:
Councilmembers:
Moot
Shi~Jf:;~~
ATTEST
Beverly A Authelet, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Beverly A. Authelet, City Clerk of Chula Vista, California, do hereby certify that the
foregoing Ordinance No. 2758 had its first reading at a regular meeting held on the 6'" day of
October, 1998 and its second reading and adoption at a regular meeting of said City Council
held on the 13'" day of October, 1998
Executed this 13'" day of October, 1998
-~'
Lj::l.
"
ATTACHMENT
r
ORDINANCE NO. 2745
ORDINANCE OF THE CITY COUNCil OF THE CITY OF CHUlA
VISTA AUTHORIZING THE lEVY OF A SPECIAL TAX IN
COMMUNITY FACILITIES DISTRICT NO. 98-3 (OPEN SPACE
MAINTENANCE DISTRICT #35 [SUNBOW 11])
WHEREAS. the CITY COUNCil ofthe CITY OF CHUlAVISTA (the "legislative Body").
has initiated proceedings. held a public hearing. conducted an election and received a
favorable vote from the qualified electors relating to the levy of a special tax in a community
facilities district. alias authorized pursuant to the terms and provisions of the "Mello-Roos
Community Facilities Act of 1 982,- being Chapter 2.5. Part 1. Division 2. Title 5 of the
Government Code of the State of California (the" Act"). This Community Facilities District
is designed as COMMUNITY fACILITIES DISTRICT NO. 98-3 (OPEN SPACE MAINTENANCE
DISTRICT NO. 35 [SUNBOW 11]) (the ~Oistrict").
BE IT ORDAINED AS FOllOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. This legislative Body does. by the passage of this ordinance. authorize
the levy of special taxes at the rate and formula as set forth in Exhibit" A" attached hereto
(the "Special Tax Formula"). referenced and so incorporated.
SECTION 3. This Legislative Body is hereby further authorized. by Resolution, to
determine the specific special tax rate and amount to be levied for the then current tax year
or future tax years. exceptthat the special tax rate to be levied shall not exceed the maximum
special tax rate as authorized pursuant to the Special Tax Formula. but the special tax may
be levied at a lower rate.
SECTION 4. The proceeds of the above authorized and levied special tax may only be
used to as authorized by the Special Tax Formula.
The proceeds of the special tax shall be levied only so long as needed for its purpose.
and shall not be used for any other purpose.
SECTION 5. The above authorized special tax shall be collected in the same manner
as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the
same procedure, sale and lien priority in case of delinquency as is provided for ad valorem
taxes; however. as applicable, this legislative body may. by resolution. establish and adopt an
alternate or supplemental procedure as necessary,
SECTION 6. The above authorized special tax shall be secured by the lien imposed
pursuant to Sections 3114 5 and 3115.5 of the Streets and Highways Code of the State of
California, which lien shall be a continuing lien and shall secure each levy of the special tax.
The lien of the special tax shall continue in force and effect until the special tax obligation is
prepaid, permanently satisfied and canceled in accordance with Section 53344 of the
Government Code of the State of California or until the special tax ceases to be levied by the
legislative body of the local AgenCY in the manner provided in Section 53330.5 of said
Government Code.
Ij:!l
TI13MHOArrA
Ordinance 2745 .
Page 2
SECTION 7. This Ordinance and special tax shall be applicable for the referenced
District, as well as any future annexations.
SECTION 8. This Ordinance shall be effective thirty (30) days after its adoption.
Within fifteen (15) days after this adoption, the City clerk shall cause this Ordinance to be
published in a newspaper of general circulation in the City pursuant to the provisions of
Government Code Section 36933.
Presented by
Approved as to form by
I
John . Lippitt
Pub!" Works Director
ft!~
.
Ordinance 2745
Page 3
EXHIBIT A
COMMUNITY FACILITIES DISTRICT NO. 98-3
SUNBOW II OPEN SPACE MAINTENANCE DISTRICT
Facility Maintenance Costs and Spread Methodology
The estimated annual budget amounts for each of the types of facilities that will be
maintained. operated. and managed and to which services will be furnished must be
distributed to the parcels within the boundary of the District based on an equitable
methodology. There are a number of different methods for apportioning the costs including
size of parcel. number of lleople being served. traffic trips generated by parcel. etc. The
method that most equitably distributes the costs taking into account the type of facility and
how it serves the population is the method that is used.
In each case. the method thatls used is converted to a basic unit called an Equivalent
Dwelling Unit (EDU). The single family detached dwelling unit is one EDU and other land uses
are a ration relating to this base measure. The value of an EDU is based on EDU factors for
which support data is available from the City of Chula Vista and/or SANDAG.
For .sunbow II Open Space District. two spread methods were utilized to distribute the
costs of the service provided. For the Landscaped Medians and .parkways. the spread method
utilized was the Trip Generation Method. For all other types'of services, the Population
Method was utilized.
Proposed Maximum Special Tax Rates
The rate of special tax levy broken down by land use for this District for a typical
dwelling matrix is as follows:
Land use Cost/EDU/Year Costl Acre/Y ear
Single Family Detached $350 N/A
Multi-family $340 N/A
Commercial N/A $3.040
Industrial N/A $2.720
Undeveloped Land N/A $2,4 70
Public Parcels - (EXEMPT) N/A N/A
/j!l
.
Ordinance 2745
Page 4
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PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 15th day of September, 1998, by the following vote:
AYES.
Councilmembers:
Moot, Padilla, Rindone, Salas and Horton
NAYS:
Councilmembers:
ABSENT.
Councilmembers:
ABSTAIN:
Councilmembers:
~~~
Shirley Ho n, Mayor
ATTEST:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Beverly A. Authelet, City Clerk of Chula Vista, California, do hereby certify that the
foregoing Ordinance No. 2745 had its first reading at a regular meeting held on the 1" day of
September and its second reading and adoption at a regular meeting of said City Council held
on the 15th day of September, 1998.
Executed this 1 5'h day of September, 1998
Beverly A. Authelet, City Clerk
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ATTACHMENT G
R::SOLl'TIO~ ~o l'lsc3
RESOLL'TIO~ OF THE CITl COL'~crL OF THE crn OF CHL"LA \"ISTA.
CALIFOR.'\"L'/>", ACTING P.\ ITS C..\PACITI' AS THE LEGISLA TIYE BODY OF
COMMU~1TY FACILITIES DISTRlCT NO. 97-3 (OTA Y R.A.....NCH MCMILLP.\
SPA O!'\"E), AUTHORIZING ."'-.'\1) PROVIDING FOR THE ISSU_l>,.,"ICE OF
SPECLt>,.L T..\X BONDS OF THE DISTRICT, APPROVING THE FORM OF
BOND INDEJ\'TURE, BOND PURCHASE CONTRACT AND OTHER
DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS IN CON!'\"ECTION
THEREWITH.
\VHEREAS. the CITY COUNCIL of the cm' OF CHlJLA VIST A, CALlFOR.~1.A. ("City
Council"), did prevIOusly conduct proceedings to form and did form a community facilities district
pursuant to the t=s and proviSIOns of the "Mello-Roos Community Facilities Act of I 982", being
Chapter 2.5, Pan 1. Division 2, Title 5 of the Government Code of the State of Cali fomi a (the" Act"),
saId Communi!) Facilities Dismct designated as COMMU!\ilTY FAC1LITlES NO 97-3 (OTA Y
R.""-''\JCH MCMILLP.\ SPA ONE) (the "Dismct") for the purpose of financing the acqUIsitIOn of
cenam publIc improvements: and.
WHEREAS. tins City Council has previous!) declared its mtention to Issue bonds to finance
the acquisition of such improvements. such bonds to be issued pursuant to the t=s and provIsions
of the Act; and,
WHEREAS, at this time this City Council desires to set forth the general terms and
conditions relating to the authorization, issuance and administration of such bonds; and,
'WHEREAS, there have been presented to and considered and ready for approval by this City
COll.'lcil the forms of the following documents:
A. Bond Indenture by and between the DIstrict and U.S. Bank Trusl National
Association, as fiscal agent ~the "Fiscal Agent") seTting forth the terms and conditions
relating to the issuance and sale of bonds (the "Bond Indenture"):
B. Bond Purchase Agreement authorizing the sale of bonds to Stone & Youngberg
LLC, the designated underwriter (the "Bond Purchase Agreement "J;
C Preliminary Official Statement comaming information includmg but not limited to
the Dismct and the type of bonds, including terms and conditions thereof (the
"Preliminary Official Statement"); and
I
L.'7
D Contmumg DIsclosure Agreement b~ and be:wee: the DISl;lC: and l.5 Bank IX5:
~allonal AssociatIOn. as dissemmallon agem Ithe "Dlsseminallon Agem" I. pursu:m:
to winch the DIstrict will be obligated to proVIde annual disclosure relallng to the and
the Bonds (the "Continuing Disclosure Agreement"); and
WHEREAS, this City Council, with the aid of City stafL has reviewed and considered the
Bond Indenture, the Bond Purchase Agreement , the Continuing Disclosure Agreement and the
Preliminary Official Statement and finds those documents suitable for approval, subject to the
conditions set forth in this resolution; and
Vv"HEREAS. all conditions, things and acts required to exist, to have happened and to have
been performed precedent to and in the issuance of the bonds as cDntemplated by this resolution and
the dDcuments referred to herein exist, have happened and have been perfDrmed or have been
ordered to have been performed in due time. fDrm and manner as required by the laws of the State
Df CalifornIa, including the Act and the applicable policies and regulatiDns Df the City
,
NOW. THEREFORE. IT IS HEREBY RESOLVED AS FOLLOWS
SECTIO~ 1 Recitals. The above recitals are true and correct.
SECTION 2. Determinations. This legislative body hereby makes the fDllowing
determinations pertaining to the prDposed issuance of the Bonds (as defined below):
(a) The DveraJI value of the property within District which will be subject tD the special
tax to pay debt service on the Bonds will be at least four .(4) times the principal
amount of the Bonds and the principal amount of all other bonds outstanding that are
secured by a special tax levied pursuant to the Act or a special assessment levied on
property within the District. The value of the property within each planning area
within the District, with the exception of R-46 (the "R-46 Property") and those
parcels owned by McMillin Otay Ranch, LLC (the "McMillin Property"), will be at
least fDur (4) times the prinCIpal amount of the Bonds allocable to each such planning
area and the principal amount of all other bonds outstanding that are secured by a
special tax levied pursuant to the Act within each such planning area Dr a special
assessment levied on property within each such planning area. The value of R-46
Property and the value Df the McMillin Property will be at least three (3) times the
principal amount of the Bonds allocable to each such property and the principal
amount of all other bonds outstanding that are secured by a special tax levied within
each such property pursuant to the Act or a special assessment levied on property
within each such property This determination is based upon the full cash value as
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shown upon an appraIsal of the sub)e:: prope~) prepared b) Bruce HuE 6-
_-\SSO:lates. a state certIfied real estate appraIser. as defined in BUSIness J..!1d
ProfeSSions Code Section 11340\c). Such determination was made in a manner
consistent with the City of Chula Yista Statement of Goals and Policies Regardmg
the Establishment ofCornrnunity Facilities Districts, as amended to date (the "Goals
and Policies").
The overall value-to-debt ratio satisfies the policy of the City contained in the Goals
and Policies related to the minimum required 4 to 1 value-to-debt ratio. The value-to-
debt ratios of the R-46 Property and the McMillin Property is less than 4 to 1 but
greater than 3 to 1 for each property. The City Council hereby determines, based
upon a determination by the City Manager, after consultation with the Finance
Director, bond counsel, Stone & Youngberg LLC, as underwriter of the Bonds, and
Fieldrnan, Rolapp & Associates, as the financial advisor to the City and District for
the Bonds, that the value-to-debt ratio ofless than 4-1 for the R-46 Property and the
McMillin Property is financially prudent under the circumstances of the District. The
City Council determination is based upon those factors specified in the staff report
upon which the determination and recommendation of the City Manager are based.
(b) Tne terms and conditions of the Bonds as contained In the Bond Indenture are
consistent ","ith and conform to the Goals and PoliCies.
\ c) As a result of the current status of development of the property within the Disnict
and the relative lack of diversity of ownership of property within the Disnict, the
private sale of the Bonds will result in a lower overall cost to the District.
SECTION 3. Bonds Authorized. Pursuant to the Act, this Resolution and the Bond
Indenture, special tax bonds of the District desig1'~tf'!(l as "City ofCbula Vista Community Facilities
Disnict No. 97-3 (Otay Ranch McMillin Spa One) 1999 Special Tax Bonds" (the "Bonds") in an
aggregate principal amount not to exceed $12,260,000 are hereby authorized to be issued. The date,
manner of payment, interest rate or rates, interest payment dates, denominations, form, registration
pnvileges, manner of execution, place of payment, terms of redemption and other terms, covenants
and conditions of the Bonds shall be as provided in the Bond Indenture as finally executed.
SECTION 4. Authorization and Conditions. The City Manager, the Deputy City Manager
and the Director of Finance or such other official of the City as may be designated by this City
Council (an "Authorized Officer") is hereby authorized and directed to execute and deliver the
various documents and instruments described in this Resolution, provided that no additions or
changes shaH authorize an aggregate principal amount of Bonds in excess ofS 12. "60,000, an annual
interest rate on the Bonds in excess of seven percent (7%) per year and a purchase price for the
Bonds not less than ninety eight and twenty-five one hundredths percent (98.25%) of the par amount
3
/If
o:the Bonds (excludIng ongInallssue dIscount. If aT'!: I plus such pO~lon of the COSi. ofunde:"'\\71te:-- s
counsel dIsclosure sernces as ma~ be approved b~ the Director of Finance. The appro\'al of such
addItions or changes shall be conclusJve]~ e\'Jdenced by the execution and delivery of such
documents or instruments by the Authorized Officer, upon consultation with and re\'Jew by the Clt~
Anorney and Brown Diven Hessell & Brewer LLP, the District's bond counsel.
SECTION 5. Bond Indenture. The proposed form of Bond Indenture by and between the
District and the Fiscal Agent, with respect to the Bonds as presented to this City Council and on file
with the City Clerk is hereby approved. An Authorized Officer is hereby authorized and directed to
cause the same to be completed and executed on behalf of the District, subject to the provisions of
Section 4 above permitting additions and changes to be made to such document,
SECTION 6. Official Statement and Continuine Disclosure A!!l'eement. The City Council
hereby approves the form of the Prelimmary Official Statement as presented to this City Council and
on file with the City Clerk, together with any changes therein or additions thereto deemed advisable
bvan Authorized Officer Pursuant to Rule 15c2-12 under the Securities Exchanee Act ofl934 (the
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"Rule") an Authonzed Officer is authonzed to determme when Preliminary Official Statement is
deemed final, and an Authorized OffiCial IS hereby authorized and directed to provide wrinen
cenification thereof. The execution of the fmal OffiCial Statement, which shall include such changes
and additlons thereto deemed advisable by an Authorized Officer pursuant to the Rule, shall be
conclusive eVIdence of the approval of the final Official Statement by the District. The City Council
herebv authorizes the distribution of the final Official Statement by the Underwriter (as defined
below) as the initial purchaser of the Bonds.
The form of Continuing Disclosure Agreement by and between the District and the
Dissemination Agent as presented to this City Council and on file with the City Clerk is hereby
approved. An Authorized Officer is hereby authorized and directed to cause the same to be
completed and executed on behalf of the District, subject to Section 4 above permitting additions
and changes to be made to such document.
SECTION 7. Sale of Bonds. This City Council hereby authorizes and approves the sale of
the Bonds by negotiation to Stone & Youngberg LLC (the "Underwriter") subject to the pricing
parameters set fonn in Section 4 above. The form of the Bond Purchase Agreement is hereby
approved and an Authorized Officer is hereby authonzed and directed to execute the Bond Purchase
Agreement on behalf of the District upon the execution thereof by the Underwriter, subject to
Section 4 above permining additions and changes to be made to such document.
SECTION 8. Bonds Prenared and Delivered. Upon the execution of the Bond Purchase
Agreement, the Bonds shall be prepared, authenticated and delivered, all in accordance with the
applicable terms of the Bond Act and the Bond Indenture, and any Authorized Officer and other
4
S{}
responsibie Clr~ otficiais. actIng for and on behalf of the DlstncL are hereb) autnO:1Zea a.."1C Olre:tec
Ie :ake su:h a:tlons as are reqUlred unde;- the Bond Purchase :\g:reemenl and the Bond Indenture 10
complete all actions required to e\'idence the dehvery of the Bonds upon the receipt of the purch"se
price thereof from the underwriter
SECTION 9 Actions, All actions heretofore taken by the officers and agenrs of the City
with respecr to the establishment of the District and the sale and issuance of the Bonds are hereby
approved, confirmed and ratified, and the proper officers of the City, acting for and on behalf of the
District, are hereby authorized and directed to do any and all things and take any and all actions and
execute any and all certificates, agreements, contracts, and other documents, which they, or any of
them, may deem necessary or advisable in order to consummate the lawful issuance and delivery of
the Bonds in accordance with the Act, this Resolution, the Bond Indenture, the Bond Purchase
Agreement, the Continuing Disclosure Agreement, and any certificate, agreement, contract, and
other document described in the documenrs herein approved,
SECTION 10. Effective Date. This resolution shall take effect from and after Its adoption.
,
Presented b)
Approved as to form b)
CA- ~-k-
John M. Kaheny
City Attorney
John P Lippitt
Director of Public Works
H:\sharedlanomey'Joraine\resolutioD of issuance
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ATTACHMENT fJ
COMMUNITY FACILITIES DISTRICT NO. 98-3
(OPEN SPACE MAINTENANCE DISTRICT NO. 35
[SUNBOW II])
INTERPRETATIONS OF RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAXES
The following interpretation of those prOVISions of the Rate and
Method of Apportionment of Special Taxes (the "Special Tax Formula")
entitled "Extraordinary Special Tax" shall apply to the calculation, levy and
administration of the Extraordinary Special Tax.
EXTRAORDINARY SPECIAL TAX
General
The intent and purpose of the Extraordinary Special Tax provisions of the
Special Tax Formula is to insure that the District will have the ability to annually
levy Special Taxes in an amount sufficient to fund the projected maximum
special TaX Uabirny for the District following the buildoilf of development within
the District.
The Special Tax Formula provides that at the beginning of each Fiscal
Year, the City shall determine whether the levy and collection of the
Extraordinary Special Tax is-required to protect against any changes in density
or development that would result in the generation of insufficient-Special Tax
revenues within the District. The term "insufficient Special Tax revenues" is
intended to mean that maximum Special Tax revenues which may be collected
from Class 1 - Developed Properties within the District will be insufficient in
amount to fund the projected maximum Special Tax Uability for the District upon
buildout as referred to above.
To facilitate the annual calculation of the Extraordinary Special Tax, the
determination of Whether the levy and collection of the Extraordinary Special Tax
is necessary in any Fiscal Year is based upon development within the District as
of March 1 of the preceding Fiscal Year.
Step 1
For purposes of interpreting and applying the provisions of Step 1 of the
Extraordinary Special Tax provisions of the Special Tax Formula, it is intended
that the City shall each Fiscal Year determine the maximum Special Tax revenue
53
tna! may be collected from Developed Pro:>eny at buiid ou: Tor each of the SP.L.
;Jianning areas identified on Exhibit C by u;Jdating t'1e Annual Special Tax a:
Buildout in Exhibit C of the Special Tax Formula by recalculating such amounts
utilizing the maximum Special Tax rates for the FIScal Year for which the
calculation is being made. If modification should occur to the SPA planning area
boundaries during any Fiscal Year, the City shall reapportion the projected
development within the modified SPA planning areas for the following Fiscal
Year and thereafter. Such apportionment shall be made by the City Engineer.
Step 2
For purposes of interpreting and applying the provisions of Step 2 of the
Extraordinary Special Tax provisions of the Special Tax Formula, the term
Special Tax Uability is intended to mean for the projected maximum Special Tax
Liability allocable to each SPA planning area at buildout of development within
the District. The projected maximum Special Tax Liability at bui/dout is initially
established as $803,562 in Fiscal Year 199B-1999. Such projected maximum
Special Tax Liabi/ity is subject to escalation annually by a factor: which shall be
the lesser of the -January to January San Diego Metropolitan Area All Urban
Consumer Price Index (CPI) or the annual change in the California Fourth
Quarter Per Capita Personal Income as contained in the Governor's budget
published every January.
In determining if the Extraordinary Special Tax must be levied in any
FIScal Year, if it is determined that the maximum Special Tax revenue as
calculated in Step 1 for any SPA planning area at buildout of such SPA planning
area Will be less than the Special Tax Liabiflty at buildout calculated in Step 2 for
the same SPA planning area, the difference is the "Special Tax Deficiency" and it
is intended that the Extraordinary Special Tax shall be levied in such RscaJ Year
pursuant to the Special Tax Formula.
Step 4
The intent of Step 4 is to require the annual calculation of the projected
maximum Special Tax Liability and Special Tax Deficiency applicable to each
SPA planning area prior to buildout of such planning area and to levy an
additional Extraordinary Special Tax if the balance in the Extraordinary Special
Tax Account is less than the Extraordinary Special Tax or to refund funds on
deposit in the Extraordinary Special Tax Account if the balance therein exceeds
the Extraordinary Special Tax.
~if
AnACHMENl L
TYPICAL SINGLE FAMILY HOME CHARGES (2000 SQUARE FEET)
COMMUNITY FACILITIES DISTRICTS ONLY
District No. Otay Ranch SPA 1 Otay Ranch Sunbow II
Villages 1 & 5 McMillin
(except McMillin)
CFD97-1 Area A $174.80 $174.80
CFD97-1 AreaB $409.60
CFD 97-2 $ 10.20 $ 10.20
Monitoring
CFD 97-2 O&M $ 16.20 $ 16.20
CFD 97-3 $784.00
CFD 98-3 $360.38
TOTAL $610.80 $985.20 $360.38
July 23. 1999 (10:23am)
h:\home\engineerlagenda \cfdlevy l.emc
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CITY COUNCIL AGENDA STATEMENT
Item CJ
MeetIng Date 8/3/99
ITEM TITLE:
PUBLIC HEARING: Regarding the Proposed Assessment of Certain
Delinquent Sewer Service Charges as Liens Upon the Respective Parcels of
Land and Placement of Delinquent Charges on the Next Regular Tax Bill
for Collection
RESOLUTION: Assessing Delinquent Sewer Service Charges as
Liens Upon the Respective Parcels of Land and Approving Placement of
Delinquent Charges on the Next Regular Tax Bill
SUBMITTED BY:
Di,,,,", of Fmm" f .Ch
City Manag~~ ~ t
(4/Sths Vote: Yes_No 10.
REVIEWED BY:
In order to adequately protect the City's interest in delinquent sewer service charges and insure
that collectlOn efforts are directed towards the responsible property owner In the event of a
change in ownership, staff is recommending approval for liens agaInst affected properties as a
prelinunary action to plaCIng the delinquencies on the property tax rolls if they remain unpaid.
ThiS is the identical process approved by City Council in August and November1998, and April
1999.
RECOMMENDATION: That the City Council open the public hearing to consider assessing
delinquent sewer service charges as liens on the affected properties,
conSider all testimony, and adopt the resolution overruling all
protests and assessing these charges as liens upon the respective
parcels of land.
BOARDS/COMMISSIONS RECOMMENDATIONS:
Not applicable.
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Item
Meeting Date
8/3/99
DISCUSSION:
The Chula Vista MuniCipal Code Section 13 14 150 allows delinquent sewer 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 sewer service accounts which are over SIxty days delinquent. At the heanng the City
Council considers the delinquent accounts together wIth any objectIons or protests by mterested
parties. At the conclusion of the hearing, the City Council, may either approve the delinquency
and amount owed on the accounts as subnutted or as modified or corrected by the City Council.
Lastly, the City Council adopts a resolutIon assessmg 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.
Because charges can only be submItted for placement on the property tax bills once a year m
August, staff has recommended assessing liens on the affected properties midyear as to better
msure the City's chances for collection. If the City were to address these delinquent charges only
once a year in August, the effectiveness of using the property tax bill as a means collection would
be sIgmficantly reduced as the owners of record in August would not necessarily be the people
responsible for the delinquent charges. In cases where properties are sold or transferred, assessing
lIens midyear liens holds the correct property owners responsible for the delinquent sewer service
charges. In cases where property owners choose to refinance their mortgages, the midyear liens
will insure that the City would receIve payment in a more timely manner as the delmquent sewer
service charges would be paid through escrow during the refinancing process. To date, a total of
$9,660 in delinquent sewer charges has been received as a result of these nudyear lIens.
In November 1998, City Council approved assessing midyear liens on 72 properties valued at
$11,388. In April 1999, 156 midyear liens valued at $27,217 were approved. Since then, staff has
Identified an additional 189 accounts totaling $29,273 as being over 60 days delinquent ~isting
available at the City Clerk's Office). These property owners have been sent numerous past due
notices, and two weeks ago, they were notified of thIS public hearmg and were asked to pay their
delinquent sewer service charges by July 30, 1999 to aVOid a lien bemg placed on theIr property
Payment arrangements will be set up as needed, and staff will continue to update this list as
payments are receIved and accounts are cleared. A final list will be submitted to the City Council
for consIderation as soon as all payments are recorded. Staff is recommending that the City
Council approve the final lIst of delmquent sewer accounts as submitted, and that these charges
be forwarded to the County and assessed as liens on the respective parcels of land.
At thIS time, staff is also submittmg a comprehensIve lIst of the 287 delinquent sewer accounts
valued at $58,390 that have been liened mIdyear and that are still delmquent. Although some of
the accounts that were liened midyear have been paId, most remain delinquent. Staff is
recommending that the City Council approve this lIst as submItted, and that these charges be
forwarded to the County for placement on the property owners' upcoming regular tax bill for
collection.
q- ~
Item
Meeting Date 8/3/99
FISCAL IMPACT:
By placing delInquent sewer service charges on the property owners' regular tax bill, over $55,300
in additional sewer fund revenues have been recovered for FY 98-99. AssessIng nudyear liens on
properties for delinquent sewer servICe charges has YIelded the City over $9,600 to date. For FY
99-00, an estimated $50,000 In additional sewer fund revenues should be recognized from these
collection methods. These actIOns also insure a more timely collectIOn of these charges in the
event properties are refinanced, and It holds the correct parties liable for the debt in the event
properties change ownership. In dOIng so, the efficIency and the integrity of the billing and
collectIOn process for delinquent accounts IS mamtained, and uncollectible losses are reduced
thereby maximizing revenues and minimizing costs.
9-3
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RESOLUTION NO
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ASSESSING DELINQUENT SEWER SERVICE
CHARGES AS LIENS UPON THE RESPECTIVE PARCELS
OF LAND AND APPROVING PLACEMENT OF DELINQUENT
CHARGES ON THE NEXT REGULAR TAX BILL
WHEREAS, on June 23, 1998, the City Council approved
Ordinance No. 2736 amending section 13.14.150 of the Chula vista
Municipal Code to allow delinquent sewer service charges to be
placed on the property tax bill for collection; and
WHEREAS, the ordinance states upon notification of the
property owners, a public hearing is set for sewer service accounts
which are over sixty days delinquent; and
WHEREAS, at the hearing, the City Council is to consider
the delinquent accounts together with any objections or protests by
interested parties; and
WHEREAS, 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; and
WHEREAS, a public hearing on delinquent assessments was
properly noticed for August 3, 1999 at which all protests or
objections presented were considered by the City Council; and
WHEREAS, staff is recommending that the City Council
approve the final listing of delinquent sewer service accounts as
submitted and that these charges be forwarded to the County for
placement on the next regular tax bill for collection; and
WHEREAS, any delinquent accounts that are cleared by July
30, 1999 as a result of the public hearing set for August 3, 1999
will be removed from the list prior to the submittal of these
charges to the County.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby (1) overrule any and all protests
or objections presented at the public hearing and (2) approve, with
respect to the delinquent account list presented by staff and on
file in the office of the city Clerk, assessing delinquent sewer
service charges as liens upon the respective parcels of land and
the placement of such delinquent charges on the next corresponding
regular tax bill unless cleared by July 30, 1999.
Presented by
Approved as to form by
Robert Powell, Director of
Finance
q-Lj
H;\home\lorraine\rs\sewer del
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COUNCIL AGENDA STATEMENT
Item1Q
Meeting Date 8/03/99
ITEM TITLE: Resolution Waiving the consultant selection process,
approving a second amendment to the agreement with Kimley-Horn &
Associates Inc., for Professional Engineering Services for a Feasibility and
Financing Study of Olympic Parkway and appropriating $161,304 from the
unappropriated balance of the Transportation Development Impact Fee fund
to Project STM-331 and authorizing Mayor to execute said amendment
SUBMITTED BY: Director of Public Works
REVIEWED BY: CityManage~~ ./7 (4/5thsVote: YesXNo~
The consultant, Kirnley-Horn and Associates, has completed a feasibility and financing study to
construct Olympic Parkway from Oleander Avenue to one mile east of SR-125 (Exhibit A) and
identified project constraints and opportunities in terms of funding, traffic needs, timing, phasing,
environmental requirements and a comprehensive project schedule. Due to a need to provide
additional environmental services regarding the permitting and mitigation planning; additional
meetings with staff and developers; additional landscape architectural design services for further
work on the landscape master plan to address safety concerns raised by engineering staff; beyond
the original scope of the contract and roadway alignment alternatives due to environmental agency
requests, it is necessary to extend the consultant's contract.
RECOMMENDATION: That Council waive the consultant selection process and approve the
resolution approving a second amendment to the agreement with Kirnley-Horn and Associates Inc.,
for Professional Engineering Services for additional services related to the Feasibility and Financing
Study for Olympic Parkway, and appropriate $161,304 from the unappropriated balance of the
Transportation Development Impact Fee (TDIF) fund and authorize the Mayor to execute said
agreement.
BOARDS/COMMISSIONS RECOMMENDATION: N/A.
DISCUSSION:
Backl!l'ound
On March 31, 1998, the City Council approved, Resolution #18939 (Exhibits B & C), the selection
ofKirnley-Horn & Associates Inc., as the project consultant to do the Olympic Parkway Feasibility
& Financing Study. The agreement with Kimley-Horn & Associates Inc., was for $244,930. The
Olympic Parkway project, with estimated costs in excess of $80,000,000, is too large for a single
developer to undertake and due to the limits of this project traversing numerous parcels ofland under
several ownerships and several development projects such as EastLake, McMillin Otay Ranch, Otay
Ranch and Sunbow II, a consultant was needed to coordinate efforts between all parcels and the City
/~ -I
Page 2, Item_
Meeting Date 8/03/99
On December IS, 1998, the City Council approved Resolution # 19311 (Exhibits D & E) which
appropriated $60,000 for the first amendment to the agreement with Kimley-Hom & Associates Inc.,
for professional engineering services on the feasibility and financing study. The first amendment
to the agreement was necessitated by a need to expedite obtaining permits from the resource agencies
and the need for the subconsultant to complete work on the landscape master plan for the segments
of Olympic Parkway not covered by the original agreement. These areas are I-80S to Brandywine
Avenue and the segment from the SDG&E easement, east of SR-125, to the Olympic Training
Center.
On April 13, 1999 the City Council approved Resolution # 19409 (Exhibits F & G) which accepted
the final report from Kimley-Horn & Associates, Inc., for the feasibility and financing study of
Olympic Parkway This study incorporates all issues that City staff and the developers needed in
order to determine and recommend a collective financing and construction methodology which can
be utilized to provide for the timely financing and construction of this facility. Further, City staff
and the consultant have met with the state and federal environmental agencies to discuss the
environmental mitigation and constraints for the construction of Olympic Parkway through Poggi
Canyon.
Waiving the consultant selection process
When the City enters into a consultant contract for a major study such as the Olympic Parkway
report, it is anticipated that the agreement may have to be increased based on several factors.
However, staff does not normally desire to issue a contract for the total amount because the longer
the project and the more uncertain the amount of work required would result in very high prices in
the initial proposals. In some projects, such as this one, environmental permits are required from
Federal and State agencies. The amount of work is not known until several meetings have been held
with the agencies. That work is also based on preliminary findings in the contract. Therefore, the
extent of the environmental work is not known until some time after the original contract is awarded.
When the additional work is significantly higher than anticipated, or constitutes a high percentage
of the original contract, the City Attorney advises that we recommend that Council waive the
consultant selection process.
The subconsultants working with Kimley-Horn and Associates Inc. on this project represent well-
respected firms such as: AGRA Earth & Environmental for geotechnical analysis, Berryman &
Henigar for the financial studies, BRW for traffic analysis, Cotton/Beland Associates for
environmental review and, Estrada Land Planning for the landscape master plan. Kimley-Horn and
Associates Inc., is directly responsible for the project management associated with this scope of
work, roadway design evaluation, project cost estimates, drainage/flood control issues, utilities and
project phasing alternatives.
There is a benefit to the City to have this consultant continue with the City because of the project
schedule impacts if City staff seeks another consultant to provide these additional services and due
to the familiarity with the project from this consultant and the subconsultants, staff believes that the
additional services would be at a higher cost if another consultant is selected due to the additional
time required to become familiar with all of the project issues and their relationship to the design.
/0-;;'
Page 3, Item_
Meeting Date 8/03/99
To date, staffhas been satisfied with the work completed by the consultant and the subconsultants.
All of the consultant's staff have been easy to work with and been very quick to respond to any
questions City staff has asked. Based on the above, staff is recommending that the consultant
selection process be waived.
Status of Consultant's Work
As of last month, the consultant has just about completed all of the work related to the contract up
to the work which was included in the first amendment and been paid $271,823 (90%) of the total
($302,026) which included the final report approved by Council in April. The environmental issues
have been evaluated and a draft Opportunities and Constraints report has been completed by the
consultant and discussed in a meeting held with the state and federal environmental agencies and
staff. The final Opportunities and Constraints report will be completed by the environmental
consultant prior to submitting the application for the environmental permits.
Initial Agreement Scope of Work
The initial scope of work for the consultant included all of the necessary requirements for extending
Olympic Parkway east from Oleander Avenue to Hunte Parkway. The study includes a detailed cost
estimate with financial analysis and recommendations, including phasing possibilities, of the
following: cost estimates by phase of construction, design criteria with engineering studies, drainage
system, environmental mitigation, financing alternatives with recommendations, landscaping
alternative analysis, legal review with recommendations, roadway improvements, sewer facilities,
traffic forecasts with their analysis and results, schematic plans and a project schedule. The
consultant was also to submit draft versions of the final report and upon City staff review and
concurrence, the final report was to be submitted. The final report has been submitted and approved.
First Amendment to the Scope of Work
The first amendment to the agreement for the consultant was to allow additional work to obtain
completed environmental permits and project needs for a complete landscaping master plan for the
entire length of Olympic Parkway. The additional scope of work was for an environmental
permitting program, and the expansion of the landscape master plan limits to include all of the
Olympic Parkway corridor.
Second Amendment (Proposed Contract Extension Work) Environmental Permitting Program
Tonight's Council report addresses the fact that additional work, not covered in the original contract
or the first amendment, is still required by City staff due to additional environmental work, roadway
alignment alternatives, and revisions to the Landscape Master Plan. It is staff's desire to continue
working together with the consultant and have, if Council approves, the consultant's scope of work
be modified to allow them to do additional work in the environmental process to help expedite
obtaining permits from the resource agencies. In addition, further work is desired of the landscape
architectural subconsultant to complete work on the landscape master plan due to issues regarding
safety concerns raised by engineering staff and consistency between SPA areas along this corridor.
/0--3
Page 4, Item_
Meeting Date 8/03/99
The consultant will respond to comments on the Olympic Parkway Draft Initial StudylMitigated
Negative Declaration as needed in order to pursue and obtain wetland and endangered species
authorizations for the construction of Olympic Parkway. The consultant will also provide additional
services and analysis for the landscape master plan. The additional work involves the following:
A. Environmental Permitting
Task 1 Response to Comments.
This work will provide responses to comments on the Draft Initial StudylMitigated
Negative Declaration. Preparation and attendance at the Resource Conservation Commission
meeting.
Task 2: Permitting
Assist in the expanded permit application preparation as required by the biological consultant
and environmental subconsultants. Coordinate with the City and Merkel & Associates with
the additional environmental work required to resolve resource agency's concerns.
B. LandscaDe Master Plan - Landscape Design
Task l' Presentation ofthe Landscape Master Plan to the developers.
The consultant will give a presentation to the developers regarding the area along the
Olympic Parkway corridor of the proposed landscape master plan and address comments and
questions related to the plan including, but not limited to the type oflandscaping proposed
and the cost of maintenance.
Task 2: Presentation of the Landscape Master Plan to the City Council.
The consultant will give a presentation to the City Staff and City Council regarding the area
along the Olympic Parkway corridor of the proposed landscape master plan and address
comments and questions related to the plan including, but not limited to the type of
landscaping proposed and the cost of maintenance.
Task 3 Review and coordinate efforts related to additional draft versions of the Landscape
Master Plan.
Task 4' One additional orientation meeting with developers and their landscape
consultants.
Task 5' One additional staff meeting to review maintenance of trail alternatives.
jo-Lf
Page 5, Item_
Meeting Date 8/03/99
Task 6 Resolve inconsistencies with the regional trails. Prepare additional exhibits to
illustrate design guidelines for differing conditions in different SPA plan areas and how the
layout of trails, tree nodes and the maintenance trails should be achieved in those differing
conditions.
C. Revised Landscape Master Plan
The fIrst amendment to the agreement with Kimley-Horn & Associates Inc., expanded the
limits of work for the Landscape Master Plan. The fIrst amendment to the agreement was
to expand the Master Landscaping Plan to include the entire length of the proposed Olympic
Parkway construction from Oleander Avenue to Wueste Road and additional tasks and
services to complete the landscape master plan. A number of issues emerged as the
consultant carried out this work which necessitated them carrying out work over and above
the fIrst amendment fIgure in order to complete the expanded landscape master plan limits.
Adjacent SPA plans had design elements which did not coincide with each other along the
Olympic Parkway corridor and these conflicts had to be resolved.
In June 1999, when it appeared that most of the design work was complete, engineering staff
raised concerns related to the safety of tree planting on the side of the road in close proximity
to the edge of travel way. A decision was made to hold approval of the Landscape Master
Plan until research was carried out as to the appropriate distance trees should be planted from
the roadway face of curb to meet both aesthetic and safety requirements. Planning staff
research revealed a variety of standards applied by different agencies, including CalTrans.
Engineering staff completed their review of this research material and in conjunction with
the City Attorney's office have recommended the direction that Chula Vista will take
regarding the location of trees adjacent to the roadway. Based on the recommendations from
engineering staff, revisions will need to be made to the current master plan proposal
involving the placement of trees along the side of the road (Parkway). The additional fee
request in this report is from the consultant and reflects the remaining amount of work left
to complete the revisions to the Master Landscaping Plan.
Task 1: Redesign of the landscape concept in relation to safety policy decisions from
engineering staff involving relocating trees and related sidewalk and trail locations. All parts
of the master plan document will require some amendments based on the safety policy
decision. The scope of these amendments has been determined to address the safety
parameters per engineering staff and the City Attorney's office. Associated with the redesign
will be a series of consultation meetings with staff and developers.
Task 2: Additional Meetings.
The following additional meetings will take place before the master plan is approved:
Meetings to consult with city staff and the development community on the safety
requirements for the revision of the landscape master plan proposal. The number of meetings
anticipated are described in Appendix D.
/0'" 6
Page 6, Item_
Meeting Date 8/03/99
Task 3: Additional Studies.
The consultant will:
Revise the design, master plan report and large format plan exhibit to incorporate safety
recommendations issued by the City.
D. Additional South Side Alignment Alternatives
Prepare two south side upland alternatives that will be used as part of the alternative analysis
addressing both EP A and Army Corp of Engineer's comments. The two alternatives include:
an alternative on the existing south side ridge, and an alternative at the edge of the south side
development, assuming a 2: I slope from the bottom of Poggi Canyon. Both alternatives will
include: horizonta1location of Olympic Parkway with the centerline and right-of-way lines
shown, limits of grading for both Olympic Parkway and the cross streets will be estimated
based on a hand-drawn profile, 1l"xI7" plan view drawing at an approximate scale of
1 "=200', typical section, and CADD files.
Cost Proposal
The consultant has submitted a cost estimate in the amount of $161,304 (Exhibit H) to cover the
additional scope of work. The cost proposal is based on additional work required of Kim ley-Horn
& Associates Inc., CottonlBeland Associates, Estrada Land Planning and, Merkel & Associates.
Kimley-Horn & Associates Inc.. $35,540 (22.0% of total)
Project management and coordination of work from all subconsultants related to comments
from environmental resource agencies and landscape master plan. Preparation of two south
side upland alternatives in order to address both EPA and Army Corp of Engineer's
comments.
CottonlBeland & Associates, Inc.. $10,640 (6.5% oftotal)
Additional work related to comments from enviroumental resource agencies.
Estrada Land Planning Inc.. $17,710 (11.0010 of total)
Additional work related to drafts oflandscape master plan and coordination and resolution
of staff comments related to SPA conflicts with regional trails/sidewalks, and redesign of the
landscape master plan due to safety issues relating to the proximity of trees to the edge of the
roadway. Additional meetings with City staff, City Council and developers. Preparation
of additional exhibits and memos related to other trail options to address maintenance issues.
Merkel & Associates, Inc.: $97,414 (60.5% of total)
Additional work related to comments from environmental resource agencies. Work
anticipated for the biological permitting and mitigation plan in response to issues raised by
the environmental resource agencies. Increase in wetland mitigation area to be permitted.
Additional meetings with environmental resource agencies, City staff, and developers.
TOTAL COST PROPOSAL FOR SECOND AMENDMENT'
$161,304 (100010 of total)
If) -(p
Page 7, Item_
Meeting Date 8/03/99
Conclusions
As a result of this agreement, the City will be authorizing the consultant, Kimley-Horn and
Associates Inc., to commence work on the additional services (Exhibit I). Staff has reviewed the
cost proposal for the additional work and based on the specialized services needed to address the
environmental resource agency's comments and the remaining landscape master plan issues, and due
to the favorable work provided by the consultant and each one ofthe subconsultants to date, staff
recommends approval of the contract extension and that Council approve the resolution. Final
closure of this consultant's work is expected by the end of October 1999. This second amendment
is expected to be the last amendment to the Kimley-Horn & Associates Inc., contract unless the
environmental consultant is required to do additional unanticipated work related to the
environmental permitting by the resource agencies.
FISCAL IMPACT: The FY1998-99 CIP budget for this project, shows a total of $270,000
budgeted for the Preparatory Planning, which includes City staff time. The original consultant
services contract was for $244,930. Due to the additional scope of work required, the first
amendment was for an additional $60,000. This second amendment is for an amount not to exceed
$161,304 ($62,000 of this amendment amount is based on a time and materials basis) which will
need to be appropriated now from the TD IF fund so that the revised total for consultant services is
now revised to not exceed $466,234
Attachments:
Exhibit A - Area Plat - Olympic Parkway
Exhibit B - Resolution #18939 dated March 31,1998
Exhibit C - Minutes of the City Council dated March 31, 1998
Exhibit D - Resolution # 19311 dated December 15, 1998
Exhibit E ~ Minutes of the City Council dated December 15, 1998
Exhibit F - Resolution # 19409 dated April13, 1999
Exhibit G - Minutes of the City Council dated April 13, 1999
Exhibit H - Consultant cost estimate proposal
Exhibit I - Agreement (Exhibit D) Additional scope of work (detail)
File:0735-IO-STM33I
Rev.July 29, 1999 (8:23am)
H:\HOME\ENGINEER\AGENDA\STM331X3.FXR
/~-1
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE CONSULTANT SELECTION
PROCESS, APPROVING A SECOND AMENDMENT TO THE
AGREEMENT WITH KIMLEY-HORN & ASSOCIATES INC.,
FOR PROFESSIONAL ENGINEERING SERVICES FOR A
FEASIBILITY AND FINANCING STUDY OF OLYMPIC
PARKWAY AND APPROPRIATING $161,304 FROM THE
UNAPPROPRIATED BALANCE OF THE TRANSPORTATION
DEVELOPMENT IMPACT FEE FUND TO PROJECT STM-331
AND AUTHORIZING MAYOR TO EXECUTE SAID
AMENDMENT
WHEREAS, Kimley-Horn and Associates has completed a
feasibility and financing study to construct Olympic Parkway from
Oleander Avenue to one mile east of SR-125 and identified project
constraints and opportunities in terms of funding, traffic needs,
timing, phasing, environmental requirements and a comprehensive
project schedule; and
WHEREAS, due to a need to provide additional environ-
mental requirements regarding the permitting and mitigation
planning; and additional meetings with staff and developers for the
additional landscape master plan services to address safety
concerns raised by engineering staff; and roadway alignment
alternatives due to environmental agency requests, all of which are
beyond the original scope of the contract, thus it is necessary to
extend the consultant's contract; and
WHEREAS, based on the specialized services needed to
address the environmental resource agency's comments and the
remaining landscape master plan issues, and due to the favorable
work provided by the consultant and each one of the consultants to
date, staff recommends waiving the consultant selection process.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of
Chula vista does hereby waive the consultant selection process in
accordance with Chula vista Municipal Code Section 2.56.070 and
approve a Second Amendment to the Agreement with Kimley-Horn &
Associates, Inc. for Professional Engineering Services for a
Feasibility and Financing Study of Olympic Parkway, a copy of which
shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the amount of $161,304 is
hereby appropriated from the unappropriated balance of the
Transportation Development Impact Fee (TDIF) fund.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
Second Amendment on behalf of the city.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
_GYY\<~
Joh . Kaheny, ci Attorney
H \home\lorraine\rs\kimley 2nd
/0-/$
SECOND AMENDMENT TO AGREEMENT
BETWEEN CITY OF CHULA VISTA AND
KIMLEY-HORN AND ASSOCIATES, INC.
WHEREAS, the City of Chula Vista, by Resolution 18939 on
March 31, 1998, approved an Agreement to provide professional
services in connection with the Olympic Parkway Feasibility and
Financing Study; and
WHEREAS, the City of Chula Vista, by Resolution 19311 on
December 15, 1998, approved a first amendment to the agreement to
continue work on the environmental permit process beyond the
original scope of work and additional landscape conceptual design
work; and
WHEREAS,
services in order
Parkway; and
there is a need for additional consul tant
to ensure the timely construction of Olympic
WHEREAS, the City requires further consultant efforts in
order to obtain completed environmental permits; and
WHEREAS, the City requires further sub-consultant work on
the Landscape Master Plan (Consultant "Option 1") for the entire
length of Olympic Parkway; and
WHEREAS, the City requires that the Landscape Master Plan
be presented to both City Council and developers to allow comments
related to the plan; and
WHEREAS, the City requires that the consultant evaluate
additional south side roadway alignment alternatives addressing
both Environmental Protection Agency and.Army Corps of Engineer's
comments; and
WHEREAS, expanding the scope of work for the consultant
and sub-consultant who have extensive experience and familiarity
with the Olympic Parkway Feasibility and Financing Study will
result in enhanced continuity and move the permit process
efficiently forward to resolution.
NOW, THEREFORE, the parties agree as follows:
1
/0- q
1. Exhibit A, paragraph 8 D to the Agreement is hereby amended to
read as follows: Date for completion of Consultant services:
October 6, 1999, or as extended in the sole discretion of the
Environmental Project Manager.
2. Exhibit A, paragraph 11 B is hereby amended to add the
following to the Phase list:
Phase
Milestone 9
Deliverable Date
October 6, 1999
~
$62,994
Milestone 10
October 6, 1999
$22,190
Milestone 11
October 6, 1999
$76,120*
*It should be noted that the fee for Milestone 11, which is not to
exceed $76,120, was based on an estimated fee of $14,120 plus an
additional $62,000 to be billed on a time and materials basis.
3. Exhibit A, paragraph 11 C (1) (X) is hereby amended to delete
the figure $304,930 and to substitite in its place the sum of
$466,234.
4. Exhibit B: SCHEDULE is amended to add the following (see
"Exhibit B-2: Amended Schedule" on page 7):
Activity
Deliverv Time
Task
Milestone 9 -
October 6, 1999*
Environmental Permitting.
Tasks 10.1, 10.2
Milestone 10 -
October 6, 1999
Landscape Master plan
(Option 1) .
Tasks 10.3, 10.4, 10.5
Milestone 11 -
October 6, 1999*
South Side Alignments
Task 10.6
*This date may be extended in the sole discretion of the
Environmental Project Manager.
5. The Agreement is amended to add Exhibit D attached hereto and
incorporated herein.
2
/0-10
6. All other terms and conditions not modified by this Second
Amendment to the Agreement shall remain in full force and effect.
NEXT PAGE IS SIGNATURE PAGE
3
/0-1/
SIGNATURE PAGE TO SECOND .AMENDMEl\"T TO AGREEMENT
BETWEEN CITY OF CHULA VISTA AND
KIMLEY-RORN AND ASSOCIA-.'1'ES, INC.
IT WITNESS WHEREOF, City and Consultant nave executed tnis
Agreement thereby :indicat:ing that they have read and understood
same, and :indicat-e their full and complete consent to its terms:
DATED:
CITY OF CElULA VISTA
By:
Shirley :Sort on., Mayor
Attest:
Susan Bigelow
City Clerk
Approved as to form:
John '~L 'Kaheny
City Att=ey
"DATED:
Kim:ley-E= and Associates., Inc.
By'~
:les R. Sp' ., P.E.
PriDcipal m Cbarge ./-
BY:Dgdatt!~.
Project Manager
4
/0-/)-
EXHIBIT D - ADDITIONAL SCOPE OF WORK (DETAIL) -
SECOND CONTRACT AMENDMENT
The additional scope of work tasks have been arranged in a logical format and have been outlined
into major sections:
10.0 Additional Scope of Work (Proposed Second Contract Extension Work)
OVERVIEW
Due to the need for the consultant to do additional work in the environmental process to obtain
permits from the resource agencies and, due to the need for further work desired of the landscape
subconsultant to revise work on the landscape master plan to resolve issues regarding consistency
between SPA areas along this corridor and the proximity of trees in relation to the edge of the
travelway, an extension of the project scope of work is necessary in order to have the Olympic
Parkway project proceed without delay. The additional scope of work proposed has been
summarized below:
Consultant to respond to comments on the Olympic Parkway Draft Initial Study/Mitigated Negative
Declaration as needed in order to pursue and obtain wetland and endangered species authorizations
for the construction of Olympic Parkway. The consultant will also provide additional services and
analysis for the landscape master plan. As to the additional work, the consultant shall.
A. Expanded Environmental Permitting
Task 10.1: Response to Comments.
Provide response to comments on the Draft Initial Study/Mitigated Negative Declaration.
Consultant shall also prepare for and attend the Resource Conservation Commission
meeting.
Task 10.2: Permitting and Mitigation Plan
Prepare permit applications for environmental clearances preparation as required by the
resource agencies and environmental subconsultants. Coordinate with the City and Merkel
& Associates with the additional environmental work required to resolve resource agency's
concerns.
B. Landscape Master Plan - Landscaoe Design
Task 10.3' Presentation of the Landscape Master Plan to the developers.
Give a presentation to the developers regarding the area along the Olympic Parkway corridor
of the proposed landscape master plan and address comments and questions related to the
plan including, but not limited to the type of landscaping proposed and the cost of
maintenance.
Task 10.4. Presentation of the Landscape Master Plan to the City Council.
5
/0 /3
Give a presentation to the City Staff and in addition, attend and give presentation at the City
Council meeting to be scheduled by the City, regarding the area along the Olympic Parkway
corridor of the proposed landscape master plan and address comments and questions related
to the plan including, but not limited to the type of landscaping proposed and the cost of
maintenance.
Task 10.5: One additional orientation meeting with developers and their landscape
consultants.
Task 10.6. One additional staff meeting to review maintenance trail alternatives.
Task 10.7' Review and coordinate efforts related to additional draft versions of the
Landscape Master Plan.
Task 10.8. Resolve the inconsistencies with the regional trails to the satisfaction of the
Director of Planning & Building.
Prepare additional exhibits to illustrate design guidelines for differing conditions in different
SPA plan areas and how the layout of trails, tree nodes and the maintenance trails should be
achieved in those differing conditions to the satisfaction of the Director of Planning &
Building.
C. Revised Landscave Master Plan
Tasks 10.3 & 10.4: Additional Meetings.
Attend the following meetings:
Start up meetings, Design Review meeting, City Wide Staff Review meeting,
Staffi'Developer Review meeting
Task 10.5' Design Revision.
Revise the design, master plan report and large format plan exhibit to incorporate safety
recommendations issued by the City, per Consultant proposal known as "Option I ".
D. Additional South Side Alignment Alternatives
Task 10.6: Additional South Side Roadway Alignment Alternatives.
Prepare two south side upland alternatives that will be used as part of the alternative analysis
addressing both EPA and Army Corp comments which include: (I) An alternative on the
existing south side ridge and (2) An alternative at the edge of the south side development,
assuming a 2: I slope from the bottom of Poggi Canyon.
Both alternatives will include: horizontal location of Olympic Parkway with the centerline
and right-of-way lines shown, limits of grading for both Olympic Parkway and cross-streets
estimated based on a hand-drawn profile, II "xI7" plan view drawing at an approximate scale
of 1 "=200', typical section, and CADD files. In addition, Kimley-Horn and Associates will
6
/0- /~
attend up to 5 meetings to discuss the alternatives, determine area of development impacts
and calculate conceptual earthwork quantities.
Cost Breakdown for Scope of Work 10.0: $161,304 (100'/0)
The cost is based on additional work required of Kim ley-Horn & Associates Inc., CottonlBeland
Associates, Estrada Land Planning and, Merkel & Associates as follows:
Kimley-Horn & Associates Inc.: $35,540 (22.0010 of total)
Project management and coordination of work from all subconsultants related comments
from environmental resource agencies and landscape master plan and additional south side
roadway alignment alternatives (Time & Materials in the amount of $10,000).
CottonlBeland & Associates, Inc.: $10,640 (6.5% oftotal)
Additional work related to comments from environmental resource agencies (Time &
Materials in the amount of $2,000).
Estrada Land Planning Inc.. $17,710 (11.0% of total)
Additional work related to drafts oflandscape master plan and coordination and resolution
of staff comments related to SPA conflicts with regional trails/sidewalks, and revision of
landscape master plan due to the proximity of trees to the edge of roadway Additional
meetings with City staff, City Council and developers. Preparation of additional exhibits and
memos related to other trail options to address maintenance issues. Additional work and
attendance at meetings to address safety issues raised by City Engineering Staff (Consultant
Option I).
Merkel & Associates, Inc.: $97,414 (60.5% of total)
Additional work related to comments from environmental resource agencies. Work
anticipated for the biological permitting and mitigation plan in response to issues raised by
the environmental resource agencies. Increase in wetland mitigation area to be permitted.
Additional meetings with environmental resource agencies, City staff, and developers.
(Time & Materials in the amount of $50,000)
TOTAL COST PROPOSAL FOR SECOND AMENDMENT: $161,304 (100010 of total)
This total includes $62,000 to be billed on a Time & Materials basis.
7
ID -;5
EXHIBIT B-2: AMENDED SCHEDULE
(SECOND CONTRACT AMENDMENT)
The revised project schedule for the second amendment to the Kimley
Horn Associates contract shows the time period for completion of
the additional scope of work milestones.
Activitv
Deliverv Time
Task
Milestone 9 -
October 6, 1999*
Environmental Permitting.
Tasks 10.1, 10.2
Milestone 10 -
October 6, 1999
Landscape Master Plan
(Option 1) .
Tasks 10.3, 10.4, 10.5
Milestone 11 -
October 6, 1999*
South Side Alignments
Task 10.6
*This date may be extended in the sole discretion of the
Environmental Project Manager.
File:0735-10-STM331
H:\SHARED\ATTORNEY\KIMLEY2 FXR
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7-
EXHIBIT B
RESOLUTION NO 18939
.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTf. . DPROVING AN AGREEMENT WITH KIMLEY-HORN &
ASSOCIATES INC., FOR PROFESSIONAL ENGINEERING
SERVICES FOR A FEASIBILITY AND FINANCING STUDY OF
OLYMPIC PARKWAY AND APPROPRIATING FUNDS FROM THE
TRANSDIF TO PROJECT STM331
WHEREAS, Staff prepared and issued a Request for Proposals (RFP) in October 1997
with nine (9) proposals received and reviewed by the City's consultant selection comminee
in November; and
WHEREAS, the City's consultant selection comminee consisted of five City staff
members with expertise in certain areas: Land Development Civil Engineer. Lombardo
DeTrinidad, Otay Ranch Principal Planner Rick Rosaler, Environmental Associate Planner
Barbara Reid, Land Development Senior Civil Engineer Sohaib AI-Agha and. Assessment
District Financing and Transportation Civil Engineer Frank Rivera; and
WHEREAS, in December, final interviews with the top three consultants were held and
the comminee made their final recommendation based on a project related and comprehensive
evaluation criteria; and
.
WHEREAS, based on the criteria, references verification and interview performance,
the selection comminee ranked the top three firms as to qualifications for this feasibility study
as follows:
Kimley-Horn & Associates Inc. $252,800
Rick Engineering Company $252,600
P & D Consultants/CTE Engineers $194,000
Revised Kimley-Horn & Associares Inc. Proposal $244,930
WHEREAS. the subject project is unique due to the need to assemble a strong project
team consisting of a wide spectrum of expertise in areas such as environmental mitigation,
financial, legal, geotechnical, landscape planning and traffic engineering; and
WHEREAS, therefore. the comminee had to take into consideration the strengtl'1 and
weakness of all subconsultants listed in each proposal; and
.
WHEREAS, the fundamental criteria that the committee used to rank the top three
consultants was the strength of the project team and their own Qualification and involved
reference verification. the subconsultant's strength and expertise in their respective fields. the
prime consultant's understanding of this project's unique and time sensitive requirements.
previous experience in completing projects of similar scope on time and within budget,
demonstrated understanding of the City's transportation needs and ability to focus on other
financing alternatives; and
WHEREAS. using this criteria. the committee's decision was that Kimley-Horn and
,
Associates was the highest qualified consultant firm for this financing study of Olympic
3
Resolution 18939
Page 2
Parkway, based on favorable work history, the strength of ;:he project manager and
subconsultant's past work experience with the City and other public f'Qencies.
""""
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby approve an Agreement with Kimley-Horn & Associates Inc. for Professional Engineering
Services for A Feasibility and Financing Study of Olympic Parkway, a copy of which is on file
in the Office of the City Clerk as Document No. C098-049.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said Agreement for and on behalf of the City of Chula
Vista.
BE IT FURTHER RESOLVED that the City Council does hereby appropriate $100,000
from the Transportation Development Impact Fee (TDIF).
Presented by
Approved as to form by
ctP-! ~., .
JOhn! Lippitt ~
Public Works Director
-
. Kaheny
Attorney
""""
'"""""
f
Resolution 18939
Page 3
.
PASSED, APPROVED. and ADOPTED by the City Council of the City of Chula Vista.
California, this 31 st day of March 1998. by the following vote:
AYES:
Councilmembers:
Moot, Padilla, Rindone, Salas and Horton
NA YES:
Councilmembers:
None
ABSENT:
Councilmembers:
None
ABSTAIN:
Councilmembers:
None
~~
Shirley Ho on, Mayor
ATTEST.
.
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ss.
CITY OF CHULA VISTA
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No. 18939 was duly passed. approved. and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 31 st day of March,
1998.
Executed this 31 st day of March, 1998
.
,
5
~
"--/il::, ftLJ i?- hi arc /0
?
.
.
.
EXHmIT C
M..lnut.es
March 31. 1998
Page 3
10. RESOLUTION 18938 APPROVING TIlE FIRST AMENDMENT TO THE AGREEMENT BETWEEN
THE COUNTY OF SAN DIEGO AND THE CITY OF CBULA VISTA REGARDING JURISDICTION OVER
AND OPERATION OF OTAY LANDFILL - As par~ of an agreemen~ be~ween ~he Coun~y of
San Diego and the City of Chula Vista regarding jurisdiction over and operation
of ~he Otay Landfill, a landfill buffer area was crea~ed in which ~he Ci~y agreed
~o remove residen~ial land use designa~ions by May 15, 199B. Ci~y s~aff has
reques~ed a lBO-day ex~ension of ~he deadline in order ~o allow comple~ion of
certain other proposed amendmen~s which will address wi~hin ~his buffer. Coun~y
s~aff supports ~he extension bu~ requests that the Landfill agreemen~ be modified
to reflect the new date. Per s~aff' s recommendation, the resolu~ion was
unanimously approved 5-0. (Director of Planning)
* * .. END OF COHSEJr.r CALENDAR . .. ..
ORAL COMMUNICATIONS
. Douglas Maxwell, B95 Plaza Catalonia, Chula Vista, 91916, representing 24
families and 54 children in the Camino Catalonia and Plaza Catalonia
nei.ghborhood. They were concerned about the proposal of a Day Care Center by the
United Hethodis~ Church located at East "H" Street and Paseo Ranchero. The
church is trying to buy a single residential house that is in ~heir neighborhood
as a use for a Day Care Center. He requested Council direct the City staff to
work proactively with the families in their neighborhood t.o resolve their
concerns.
Mayor Horton stated Council tries to encourage whoever is bringing a proposal
forward to get the neighbors involved. She was certain that staff will recommend
this to the proponent.
.. ." .. * ..
The meeting adjourned to a Closed Session at 6:2B p.m. The meeting reconvened
at 7:05 p.m. with all members of the Council present.
*****
PUBLIC IlEARIHGS AND RELATED RESOLUTIONS AND ORDINANCES
11. PUBLIC IlEARING OTAY RANCB RESOURCE MANAGEMENT PLAN CONVEYANCE SCHEDULE
AMENDMENT - Staff recommends continuing this item. (Director of Planning)
Mayor announced that the item will be continued. Staff is reviewing the
Conveyance Schedule. The item will be readvertised when staff is ready to go to
public hearing.
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
ACTION ITEMS
12. RESOLUTION 18939 APPROVING AN AGREEMENT WITH KIMLEY-BORN AND ASSOCIATES
INC., FOR PROFESSIONAL ENGINEERING SERVICES FOR A FEASIBILITY AND FINANCING STUDY
OF OLYMPIC PARKWAY AND APPROPRIATING FUNDS FROM THE TRANSDIF TO PROJECT STM-331)
This report discusses the selection process for retaining a consultant with
expertise in developing a feasibility and financing study to construct Olympic
Parkway from Oleander Avenue to one mile east of SR-125 and iden~ifying projec~
constraints and opportunities in terms of funding, traif ic needs, timing,
phasing, environmental requirements and a comprehensive project schedule. Per
staff's recommendation, the resolution was approved unanimously 5-0. (Director
of Public Works) 4/5th's vote required.
Councilmember Moot asked wha~ kind of op~ions are there ~o fund a $21 million
road. When was the last time we built such an expensive road in Chula Vista.
7
Minutes
lIarch 31, 1998
Page ,
Cliff Swanson, Deputy Director of Public Works, responded tha~ ultimately the
road will be funded with TransOIF fees, but we will prObably have t.o use a
combination of developer, cash advances, and/or bond sales. Potentially there
is an option where we sell bonds and redeem those with TransDIF fees. The City
has never built such long a road. However, the development conununi ty in
Cooperation wi~h the City have built Some quite extensive roadways.
........,
Mayor Horton asked if we will have the opportunity to request federal funding for
a part of this.
Mr. Swanson stated that staff has looked very carefully at what we might get
federal funding on. Our best shot was the portion from Hunte Parkway east. We
are requesting additional funding to SANDAG under the next ICLEI program for Some
of the discretionary funds for the interchange. That would relieve the TransDIF
fees.
RESOLUTION 18939 OFFERED BY MAYOR BORTON, heading read, text waived, passed and
approved unani.aously 5-0.
B..A. RESOLOTrON 18940 APPROVING CONTRACTS WITH BI-TECH SOFTwARE INC. AND DATA
GENERAL CORPORATION FOR INSTALLATION AND IMPLEMENTATION OF AN INTEGRATED
FINANCIAL INFORMATION SYSTEM RELATED TO CAPITAL IMPROVEMENT PROJECT (CIP) NO.
GG1S2-MAINFilAME:/FISCAL SYSTEM, WAIVING THE COMPETITIVE BIDDING PROCESS WITH
RESPECT TO THE DATA GENERAL CONTRACT AND AUTHORIZING THE MAYOR TO EXECUTE THE
COJttRACTS. - Capital Project Number GG1S2, titled "Mainframe/Fiscal System," was
approved in fiscal year 1995-96. This project entails replacing the aging
mainframe computer system with a mini-computer based architecture and replacing
all mainframe application systems, which are primarily fiscal systems, in order
to enhance accountability and facilitate more timely and accurate reporting of
financial data. Per staff's recommendation, the resolutions were approved ~..
(Director of Finance) 4/Sth's vote required.
........,
H. RESOLUTION 18941 APPROVING A LEASE-PURCHASE PLAN TO FINANCE THE COST OF
PROJECT GG1S2-MAINFilAME:/FISCAL SYSTEM THROUGH THE CALEAsE PUBLIC FINANCING
CORPORATION (CALEAsE) , AUTHORIZING THE DIRECToR OF FINANCE TO EXECUTE THE
AGREEMENT, AND APPROVING PROJECT APPROPRIATIONS BASED ON THE PROCEEDS FROM THE
LEASE-PURCHASE FINANCING PLAN
Robert Powell, Finance Director, stated that this is a culmination of more ~han
two years of staff effort on a very critical capital project to the City
Operations which is the replacement of the City's mainframe computer and of all
the City's fiscal application systems. Both he and Louie Vignapiano, Director
of MIS, made a presentation via overheads.
Mayor Horton asked IIr. Vignapiano if he felt that this system will be able to
service us beyond ten years.
Mr. Vignapiano responded that technology changes so greatly that it is hard to
predict what is going to happen. The mainframe that we currently have, the
Unisys V Series, is one that is being discontinued and service is no longer being
provided by the Unisys Corporation, but other mainframes that are around still
maintain a useful life and have done so for well over ten years. The equipment
we are buying from Data General is newer technology and is running an operating
system that has been around for awhile. It is stable and has been predicted to
be a major player in the computer industry for at least the next ten years.
Councilmember Padilla stated this is complex, and it is clear that you have
utilized a tremendous amount of insight both in selecting the financing mechanism
and in looking at the infrastructure needs over the long term. This may appear
to be quite a capital expenditure in one lump, but he felt in terms of cost
effectiveness for the service that we provide as an organization to the community
and to other communities that we contract with and in terms of cost effectiveness
Over the long term, this is something that is long over due. The financing is
a very low cost when financing this in using unexpended revenues of the City, so
~
g
EXHIBIT D
.
RESOLUTION NO 19311
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A FIRST AMENDMENT TO THE AGREEMENT
WITH KIMLEY-HORN & ASSOCIATES INC.. FOR PROFESSIONAL
ENGINEERING SERVICES FOR A FEASIBILITY AND FINANCING
STUDY OF OLYMPIC PARKW A Y AND APPROPRIATING $60,000
FROM THE UNAPPROPRIATED BALANCE OF THE
TRANSPORTATION DEVELOPMENT IMPACT FEE FUND TO
PROJECT STM.331
WHEREAS. Kimley-Horn and Associates has been working on developing a feasibility
and financing study to construct Olympic Parkway from Oleander Avenue to one mile east of
SR.125 and identifying project constraints and opportunities in terms of funding, traffic needs.
timing, phasing. environmental requirements and a comprehensive project schedule; and
WHEREAS. the Professional Engineering services to be provided includes obtaining
wetland and endangered species authorization and related environmental permits; and
WHEREAS. the consultant's involvement in the process to date will facilitate the
environmental process through to obtaining the necessary permits. as well as preparation of
the landscape and mitigation plans; and
.
WHEREAS. due to a desire to have the consultant continue work on the environmental
permit process beyond the original scope of the contract and additional landscape conceptual
design. it is necessary to extend the consultant's contract.
NOW, THEREFORE. BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby approve a First Amendment to the Agreement with Kimley-Horn & Associates,
Inc. for Professional Engineering Services for a Feasibility and Financing Study of Olympic
Parkway, a copy of which is on file in the office of the City Clerk, known as Document
Number C098-249.
BE IT FURTHER RESOLVED that the amount of $60.000 is hereby appropriated from
the unappropriated balance of the Transportation Development Impact Fee (TDIF) fund.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said First Amendment on behalf of the City
Presented by
Approved as to form by
.
i'J '? --/---
'J,!~:':" ! -I L 1--r- 7r '/
Jotlf P Lippitt I
Public Works Director
, "
j;.r M..A~ )
John M. Kaheny C-/
/
"city Attorney
9
Resolution 19311
Page 2
PASSED. APPROVED. and ADOPTED by the City Council of the City of Chula Vista.
California. this 151h day of December. 1998, by the following vote:
.-.
AYES
Councilmembers:
Davis. Moot. Padilla, Salas and Horton
NAYS,
Councilmembers:
None
ABSENT,
Councilmembers:
None
ABSTAIN.
Councilmembers:
None
.fI:. u : l-r
--/A_~'./h" / .b, ,'r1
Shirley Horton{tMayor
ATTEST
Beverly A Authelet, City Clerk
""""
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Beverly A. Authelet. City Clerk of Chula Vista, California, do hereby certify that the
foregoing Resolution No. 19311 was duly passed, approved, and adopted by the City Council
at a regular meeting of the Chula Vista City Council held on the 151h day of December, 1998.
Executed this 1 51h day of December. 1998
'-iZ".~ () t2"du
Beverly A. uthelet, City Clerk
~.
/0
.
.
.
EXHIBIT E
~\~ mUI:-
:J::.:...:mfl::t '" ()~~
P<:;:..'~ ..
12. RESOLl-TlO"" 19309 ACCEPTING A DONATION OF EQUIPME!\"T AND SERVICES. 11' THE
AMOUl\"T OF 531.000. FROM IBM CORPORATION AND CHARLES SCHWAB FOUNDATIO'.
THROUGH SENlOR....U. TO IMPLEMEl\"T A SENIORNET LEARNING CEl\'TER AT THE NORMA'
PARK SENlOR CE!\"TER; AND ACCEPTING A DONATION OF 52.000 IN CASH FROM IBM
CORPORATION Al\'D CHARLES SCHW AB FOUNDATION, THROUGH SENIORNET; Al\'D AMENDI!\ G
THE FISCAL \'EAR 1m.." BUDGET AND APPROPRIATING 52,000 TO THE LIBRARY AND
RECREATION DEPARThfEl\"T BUDGET FOR RELATED EXPENSES; AND APPROPRIATING $.',000 IN
UNA...TlCIPATED RE\'ENUE FROM CLASS FEES TO THE LIBRARY AND RECREATIO!\
DEPARTMEl\"T BUDGET FOR RELATED EXPENSES; A.!l/D AUTHORIZING THE cln' MANAGER. OR
HIS DESIGNEE. TO SIGN THE MEMORANDUM OF UNDERSTANDISG WITH THE SENIORNET
LEAR."lNG CEl\"TER - The City and the NOtmall ParI: Senior Center have received a donation from IBM
Corporation and the Cba.rlc:... Schwan FoundHtiun throu;oh S~iorNc:l 10 ~I ut' It lt2min~ Center at th: Norman Park
Senior Center. The: pUfT".'l'< uf this uUnatllun Il'- III rrcwiur uiud' .wult!'o ccJUCillmn lur anu access 10l,;ompuh:::r:-. anu In::
Jntt::m:::: 10 enhance: In::IT h\'~ and cmillhle thl::m 10 shan: their wiscJnm Oint.! knllwlcU::'::' Wllh Ih:.- workl. In ..dunion 10
H donatIOn of e,quipm=nL S:'.OOO na.. hc::n pTfl\'uJcd 10 l"O\'c:T t:'xftc:n..r.... P(,T O:lafr.. TC';,:ommem.icallon. the: T'C:!-OolulIon
WH!>. arpnwe(] 5-0. (Unrdl)' .md Recr::.ation Dire..:lnr) 4!5th'~ "nlt.' required.
Cnun;;iim::mh::r S.aiOl_1o" ::).rrc:~~;:d app,~i.alion for th: onmlllon of ~ulrm::nl ami ~~r.'l...=~ .unountln~ I(! S::; 1.000 from
IB1\'~ .amI Charl::s S.:n\A.4in. 5h:: ask;:d \A.'h.at Imp.a;;t tn:: l.:Omf'lllc:r das~=~ woulo h~n'C (In -=~1.'am: rro~ram",
Sonn: Shy. D::puty DJf::':lnr ofRe:.:r~lIon. St3led thaI an f:l:s~",,"'menl on th:: a:.:ti \' Ill::!" that ml~hl h=afi::::'l::u :;on::.:lud:::.l.i
that tn:: room to h: u!<.d I~ CUITtmtly unua utilized. ~l thi~ "",'ill ~ a rc:al win/\l.'in sIlWUJUn. Th: JU~ h::hmd this
program j!, to hrinl! N::llion. inlo the Cdller In ilCCc:S.... th:: nd and rml\"ide 41n nutrach pr(l~rd.m t(l rach young::r
St:l110l1\.
RESOLL"TION 19309 OFFERED BY COllNCILMEMBER SALAS headin:: read. t....1. ...ah'ed. pa.o;sed and
appro"ed .5-0.
13. RESOLtlTIO"" 19310 APPROvING I!\"DI\'lDllAL PARK MASTER PLANS A!\'D ASSOCIATED
PROPOSED NAMES FOR PARKS P-5. Ni. po'. P-8. AND P-9 OF VILLAGE 1 AND 5 OF THE OT ~ y
RANCH SPA OI'o'E SLB~IJTTED BY MCMILLI!\ OT A Y RANCH LLC - ~IOIJLLlN COMPANIES, LLC -
The McMillin Comrani... LLC. devdol"'l'S of a porti"n of Villa~~ J and 5 of the ala)' Ranch SPA On~. prop"':
indiVidual Park Mao;;tcr PJan~ and associalccl naffi::!>' lor five nd:;hhorhood. ~e~1rian ant.! to\l.'n square flark:- to h;:
located within hoth Villa~::~. These park~ ar~ pror<lseu to he named Alcala Park (P-S). COlt(mw()(ld Park (P-G). Santa
COni Park (P-i). Tern Fina Park (P-f\). and Br<<uwood Park CP-9). ant.! arc: uC'sl~nc:J consistent WIth th:: poil:':l::s
of the adOJ"lt~ G::neraJ De\'clopmalt Plan for the Otay Ranch. Per Shifrs rcxomm::ndation. the re:-olution wa.....
approved 4-0-0-1 (Moot ahstained). (Director of Plannin~ and Buildin~)
]4 RESOLl'TIOS 19311 APPROVI!"G A FIRST AME:'\D~IEST TO THE AGREEME!'\T WITH
~IMLE)-HO~'" & ASSOCIATES ISc.. FOR PROFESSIO....AL E:'\GI:'\EERI:'\G SERVICES FOR A
FEASIBILITY ASD F"ASCING STUDY OF OL Y~IPIC PAR"':'\ A Y ASD APPROPRIATING $60.0110
FROM THE tr.'\APPROpR1ATED BALASCE OF THE TRA:'\SPORTATIO:'\ DE\'ELOPME...."T IMPACT
FEE FL:~D TO PROJECT STJ\1-3~ I - The' L'onsultanl. Kiml::)'-Hnm anu As!"ol:iah:s. ha... hccn ",orkin.;; on
t.!cvdopinf' a fasihility ami financin:; stuuy Itl con...tntt.:1 Olympic Parkw<'lY from Olt:ttnuer A\'enu'C: 10 on: mill;: t:.itstiof SR-J~ and idcnlifyin.;; pn~jcct conslrdints ant.! orronuniti'C:s in h:rm!>' nf fundinA;. trdftic need!>'. timin.;;. phaslnf.
environmental requirem::nt!" ant.! oil comprc:hensi\'l:: pn~it.-t.:[ s::hc:t.lule. Du: 10 a uc:sirt: to have the t.:(JOsultant conlinue:
work on the envirnnm~taI permit pro=ess ~yond the original sco~ {If th:: conlrdct ant.! additional landscape
conceptual t.!::....i:;n. it i~ ne:..:c:ssary 10 eXltmU the consultant's C(lnlrdL~t. Per shtff!" rc;:.ommenoatinn. the resolution was
aflrrcl\'~d 5-0. (Dircctor pI' Puhlil..' \\'nrks) 4!5th's vote required.
/1
~s ;PAJ-t -blu-7AL
/:2--
EXHmIT F
RESOLUTION NO. 19409
.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING THE FINAL REPORT FROM KIMLEY-HORN &
ASSOCIA TES.INC. FOR THE FEASIBILITY & FINANCING STUDY
OF OLYMPIC PARKWAY FROM BRANDYWINE AVENUE TO
HUNTE PARKWAY
WHEREAS. with a total construction and financing budget close to $100 million.
Olympic Parkway is the largest transportation infrastructure facility in the City's history; and
WHEREAS. Olympic Parkway is a six-lane prime arterial with landscape median
approximately 8 miles long extending from 1-805 to the Olympic Training Center; and
WHEREAS. a study was undertaken in 1998 by Kimley-Horn & Associates. Inc. to
determine and recommend a collective financing and construction methodology which can be
utilized to provide for the timely financing and construction of this facility; and
WHEREAS. Kimley-Horn & Associates. Inc. has presented its report with findings for
the feasibility and financing study to construct Olympic Parkway from Brandywine Avenue to
Hunte Parkway and identifies project constraints and opportunities in terms of funding. traffic
needs. timing, phasing. environmental requirements and a comprehensive project ~t:hedule;
and . , -
.
WHEREAS. the final report recommends horizontal and vertical alignments. detailed
cost estimates. phasing analysis and a financial implementation plan which City staff
recommends be adopted.
NOW. THEREFORE. BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby accept the final report from Kimley-Horn & Associates. Inc. for the Feasibility &
Financing Study of Olympic Parkway from Brandywine Avenue to Hunte Parkway.
Presented by
Approved as to form by
W!~
~n P. Lippitt
blic Works Director .
C"- -n.'l-\S10-C t-<.L-....
John M. Kaheny .
City Attorney
.
/9
Resolution 19409
Page 2
PASSED. APPROVED. and ADOPTED by the City Council of the City of Chula Vista,
California. this 13'" day of April. 1999. by the following vote:
""""'
AYES.
Councilmembers:
Davis. Padilla, Salas and Horton
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
Moot
ABSTAIN:
Councilmembers:
None
S~
ATTEST:
~ -w. (u f=::? ~ 1 1 (1-.-J
Susan Bigelow, City Clerk
"""'"
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 19409 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 13'" day of April, 1999.
Executed this 13'" day of April, 1999.
~U-J.- ~y,-l 0 ~
Susan Bigelow, City Clerk
""'""\
If
EXHIBIT G
e
!"Cll0N ITEMS (Continued)
B RESOLlTnON 1942&, AME}"'DING THE FlSC.tU. YEAR 199&/99 Bl)DGET FOR THE
PLA..~'TING AND Bun.DING DEPARTMD1T TRA.."'lSFERRING FUNDS FOR
PLANNlNG AND ENVIRONME1\"T.tU. CONSULTING SERVICES RELATED TO THE
UNIVERSITY SITE
C. RESOLUTION 19429. WAIVING THE CITY'S FORMAL BIDDING PROCESS,
APPROVING THE AGREEMENT WITIi PBR CONSULTANTS FOR THE
PREPARATION OF ACITY-WlDEPARKS MASTERPLAN, GREENBELT MASTER
PLAN AND PARKS FINANCING STIJDY. AND AUIliORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
D
RESOLUTION 19430, WAIVING THE CITY'S FORMAL BIDDING PROCESS,
APPROVING THE AGREEMENT 'WITH MNA CONSULTING FOR CONSULTING
SERVICES FOR THE COMPLETION AND ADOPTlON OF THE CITY OF CHULA
VISTA MULTIPLE SPECIES CONSERVATION PROGRAM SUBAREA PLAN AND
IMPLEMENTING AGFFFMEN"T, ..I>o...1>.'D AUTHORIZING THE M-\ YOR TO EXECUTE
SAID AGR.EEMEJ'.o"T
e
In order to provide for long-term plans and policies for Parks and Open Space to be used for
new development projects, it will be necessary to expedite the completion of the Parks Master
Plan. Greenbelt Master Plan. Parks FInancing Study and the City's Multiple Species
Conservation Program (MSCP) Subarea Plan. Therefore., staff is requesting that Council
authorize the hiring of consulting services to complete these documents. A Request for
Proposals was issued and a selection process administered for the Parks Master Plan.
Greenbelt Master Plan. and Parks FInancing Study. Likewise,.a proposal has been received
for services necessary to complete the MSCP Subarea Plan.
Staffrec:ommendation: Council adopt the resolutions. (Director of Planning and Building)
Planning Director Leiter explained the various plans and financing study. Councilmember Salas asked
about the fisc:al impact of the City's contribution of $49,000. Staff replied that the amount is the
value of in-kind services of city staff time.
ACTION:
Councilmember Da\~s offered Resolution #19427, Resolution #19428, Resolution
#19429, and Resolution #19430, headings read. te>..1:S waived. The motion carried
5-0.
')'
_::J
RESOLUTION 19409, ACCEPTING THE FTN.tU. REPORT FROM KIMLEY-HORN &
ASSOCL-\TES, INC. FOR THEFEASlBILITY ..I>o...1>.'D FINANCING STIJDY OF OLYMPIC
PAKK:WA Y FROM BR..I>o...""lI)YWIN"E A VEl\'UE TO HUNTE P AR.k'W A Y (CONTINUED
FROM lvlARCH 23. 1999)
e
Page 12
04/1 3/99
IS
ACTION ITEMS (ContInued)
""""
This report represents the consultant's (Kimley-Hom & .t.,.ssociates, Inc.) findings for the
feasibility and financing study to construct Olympic Park-way from Oleander Avenue to one
mile east ofSR-125; and identifies project constraints and opportUnities in terms offunding,
traffic needs. timing, phasing, environmental requirements, and a comprehensive project
schedule.
Staff recommendation: Council adopt the resolution. (Director of Public Works)
This item was discussed in conjunction with Item #24, below.
24. RESOLUTION 19431, AUffiORlZING THE CITY ENGlNEER TO PROCESS PLANS
FOR THE CONSTRUCTION OF OLYMPIC PARKWAY FROM THE EASTERN
BOUNDARY OF THE SUNBOW PROPERTY TO A POINT ABOUT ONE MILE EAST
OF THE PROPOSED SR-I25; ADOPTING THE ENVIRONMENTAL INITIAL STIJDY
AND MITIGATED NEGATIVE DECLARATION AND FINDINGS OFF ACT FOR THE
OLYMPIC PARKWAY EXTENSION
-
This resolution authorizes the City Engineer to process the necessary plans for the extension
of Olympic Parkway east of the Sunbow Project to approximately SR-125, through Poggi
Canyon. The proposed road extension fonows the alignment studied in the Kimley-Hom
Feasibility Study. The extension would traverse the Sunbow, Otay Ranch., and EastLake
developments. In order to accommodate the runoff that currently runs through Poggi
Canyon, as well as adcfttional runoff from future development, the road extension plan
includes an earthen channel with detention facilities, similar to the Telegraph Canyon Channel
facilities. The design of the detention faCIlities and earthen channel for the extension of
Olympic Parkway through Poggi Canyon includes mitigation for project-related impacts to
wetland resources. In conjunction with this resolution, Council is being asked to consider and
adopt a proposed mitigation negative declaration and initial study for the project under the
CaliforniaEnvironmental Quality Act. The proposed mitigated negative declaration is a tiered
document that reflects and incorporates previous environmental review prepared for the
City's General Plan and the Otay Ranch., Eas-.Lake, and Sunbow development projects.
Staff recommendation: Council adopt the resolution. (Director of Planning and Building)
""""
,
Staffpresented a report on Agenda Items #23 and #24.
Councilmember Moot noted that in the environmental document, the Resource Conservation
Commission opposed the issuance of the mitigated negative declaration and cited specific examples.
He asked if those issues cited were addressed in previous environmental impact reports. Staffreplied
that many of the issues were addressed in previous documents.
Councilmember Salas asked if the mitigation included more acreage of wetlands than previously
noted. Staff replied that the amount of wetlands to be impacted by actual construction was greater
than identified in previous environmental impact reports. Councilmember Salas asked if the area of
the wetlands was a moving target, dependent on rainfall, and if any new wetlands were created.
"""\
Page 13
04/13/99
/(:7
.
.
.
~=,~
EXHIBIT H
K:;.-:,=".:-::pr
a:: ~.S5:J:;E.:e~ ,,,r
.
S...:!!j:"
:0- =::n.-n-/wenUf
~~~:ahl~
;:1::'
June 28. 1999
Mr Sohaid AI-Agha
Cil) of Chula Vista
Department of Public Works
:76 Fourth Avenue
Chula Vista. CA Q I Q](i
Subj: Additional Services for Change Order No. :C. Environmental
Documentation. Environmental Permining and Landscape Master Plan -
Olymplc Parkway Feasibilil) Stud~
Dear Mr AI-Agha
At the request of Marilyn Ponseggi and Mary Radle we are pleased to subm it
this proposal to provide additional environmental and landscape conceptual
design services to the City of Chula Vista for the Olympic Parl.:way project. The
services described below represent additional work not authorized in the original
contract and in Contract Amendment No.1 and not included in the May 4, 1999
Change Order No.2 request. I've attached detailed information received from
both Keith Merkel and from Estrada Land Planning.
EJ'.,TVIRONMB.\'TAL PERMITTING PROGRAM
The additional effort for the permining program includes the effort associated
with developing the south side alternative and for effort described in the Merkel
and Associates letter dated June 24,1999 We are proposing that a contingency
fund be set aside for additional effort required by Merkel and Associates.
Kimley-Horn and Cotton Beland and Associates to complete the environmental
permining work. The contingenc~ fund is estimated to be S58.000.
LANDSCAPE MASTER PLAN
The City has requested revisions of the landscape master plan to met new design
criteria. Two options exist for revising the master plan as described in the
attached Estrada Land Planning lener dated June 21, 1999 The cost for option
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I, revIsing existing exhibit is estimated to be $15.230. The cost for optioc ::.
develop a new master plan is estimated to be $23.895
Please revie" the attached infocmation and leI me know if you have an~
questions or need additional infocmation.
Sm:::erei:-
Dennis Landaal
"""'\
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C:\ProjeClS\Olympic\Changeord:mo2add.doc
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July 21. ! 999
Me. Alex AI AgIla
Ci~ ofChula V,Sla
Public Works Depanment
:76 Fourth A venue
Chuia Vista, CA Ql910
R'" .<.dditlOnal South Side lipland Alternatives. Change Order !>;umher 2
Olympic Parkwa)
Jea:- f\1.. Al Agh~:
Al your requeSl we are pleased to provide you with this scope and fee eSlimate 10
complete the additional south side alternatives. The scope and fee is based on
our July 15 and July 19, 1999 meetings with the City of Chula Vista. In these
meetings Kimley-Hom and Associates was directed to prepare two south side
upland alternatives that will be used as part of the alternative analysis addressing
both EPA and Army Corp comments. The two alternatives include:
An alternative on the exiSlmg south side ridge
2. An alternative at the edge of the south side development. assuming a 2: I
slope from the bottom of Poggi Canyon.
Both alternatives will include:
~
Horizontal location of Olympic Parkway with the centerline and right-of-
way lines shown. The centerline will include Slationing.
Limits of grading for both Olympic Parkway and the cross streets will be
estimated based on a hand drawn profile.
11 ~'x 17~' pian view drawing at an approximate scale of I ~'=200'
Typical seclion.
CADD files
~
5
In addition. Kimley-Hom and Associates will anend up to 5 meetings to discuss
the alternatives. determine area of development impacts and calculate conceptual
earthwork quantities.
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Information to be provided by others includes:
::: fOOl contour
Elevations of the south side developments.
Cadd file of the tentative maps.
\, e will have" draft oithe two alignments completed by July::::::. ! 00<> witl En",
:::ompletion 0: Jul\' 26. 1994 The fee for this erfor:. is estimated to O~ 5'- -! ( ant
!~ sho\\'T1 on the ana::hed tabie.
I'" vou have aT'!: que:stlons or need addiuonal information. please feei lre~: Ie
:.:.ont:a:: me.
VeI'} truly yours,
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KIMLEY-HORN AND ASSOCiATES. INC.
9-o1./-J.)
Dennis Landaa!
Project Manager
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fnraaal.andP1an.torr.
615.230.0143
85 Horton Plaza
Suite 300
San Dte90
Calitorma 92t01-6'4(
61S.230.0578 fAX
R:.t... 1685
Juiy 23. 1999
Denms Landaai
KlmJey Horn and Associates. Inc.
517 Fourth Avenue
Sa~ Diego. CA 9210'
Re. Olym:Jlc "'a,Kwal'
=L? ;: 365-0~
Den!1:s
TnE GJ!\, nas requestea tne revIsion of tne Janascape master plan to meet new design critena. The City has
no: ye: provided Clea, direction as to tne extent oi tne cnanges to tne master pian. To allow the project to """""
move anead, we are providing two proposal options for tne revision oi the Master Plan. These are in addition
to change order #2 and our change order request letter dated 4119/99. Depending on staff's determinallon
oi tne design standards, either option can be selected.
Ootion l' Estrada Land Planning will revise the existing landscape master plan to comply with the City's newly
proposed tree setback requirements. This optIon assumes that the existing master plan and exhibits can be
revised with relatively minor changes such as relocallon of the parkway and node trees, adjustment of trails
and walkways and shrub planting. Services will include:
Task I Principal I Prj. Mgr. LArch. Drafts. Clerical I TOTAL
@$150 @$95 1m $70 @$55 @$35
OPTION 1 I I I
I
Start up meetina I 0 I 8 I 0 0 I 0 5760
Design and sketch proposed changes I 2 6 I 8 I 8 0 51,870
Design review meeting I 0 4 I 0 I 0 0 5380
Adjust designs I 0 .; I .; I 10 0 51.210
Cit~' wide staff review meeting I 0 I .; I 0 I 0 I 0 5380
Revise exhibits (II total) I 0 6 I 8 ! 10 I 0 I 51.680
ReVIse text I 0 I 6 I 2 0 0 I 5710
ReVise master plan 0 I 2 I . 14 0 51.240
Prepare and submit draft document 0 I 2 I 2 0 4 5470
Staff/developer review meeting 0 I <; I 0 0 0 5380
Revise exhibits (11 total) 0 2 I 6 10 0 51,160
Revise text 0 4 2 I 0 0 5520
Revise master plan and color 0 I 2 4 14 0 51.240
Prepare and submit final report 2 I 4 2 0 4 5960
Subtotal Hours I 4 I 58 <;2 I 66 8
Ootion 1 J otals I 5600 I 55.510 I 52.940 I 53.630 5280
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365-C1X Proposal, July 23. 1999
Page 2
rowly NTE Total
Reimbursable Exoenses
Total
I $129601
51~~
Ootion 2: In the event that the existing design concept of nodes at 750' on center is no longer feasible,
Estrada Land Planning will develop a new landscape design and master plan for Olympic Parkway The new
design will be developed for the same area and the master plan completed to the same level of detail as the
orioinallandscape master pan Services will include'
Task I Principal PTj. Mgr. L.Arch. Drafts. Clerical TOTAL
Ii'il S150 rR. 595 @$70 Ii'il 555 Ii'il 535
OPTION 2 I
Stan UP meeting I 0 8 0 0 0 5760
Design and sketch proposed cnanges I 4 10 10 10 0 I 52.800
Deslon review meeting 0 <: 0 0 I 0 I 5380
Adjust desions 0 6 10 10 0 51,820
Ciiv wide review meetino #1 0 4 0 0 0 5380
Adjust designs 0 4 8 10 0 51,490
City wide review meetinQ #2 0 4 0 0 0 $380
Draft exhibits 0 8 10 20 0 $2,560
Draft document 0 12 0 0 2 $1.210
Draft master plan waohic 0 2 4 12 0 $1,130
Prepare and submit draft document 0 2 2 0 4 $470
Staff/developer review meeting 0 4 0 0 0 $380
Revise exhibits 0 <: 6 14 0 51,570
Revise text 0 <: 0 0 0 $380
Revise master plan 0 2 4 12 0 $1,130
Prepare and submit final document 4 2 2 0 4 $1.070
Final revisions per staff 0 4 6 0 2 $870
Color master plan 0 1 6 0 0 5515
Subtotal Hours 8 85 68 88 12
Option 2 Totals I $1,200 58,075 $4,760 $4,840 $420
Hourly NTE Total I $19.295
Reimbursable Exnenses I 5500
Total I I 519.795
REIMBURSABLE EXPENSES
The following reimbursable expenses will be included in the lump sum reimbursable allowance.
1 Reproductions, plots. and photographic printing costs.
Including up to 5 drafts of the master plan graphic, text and exhibits.
Up to 10 prints of the master plan
1 colored and mounted final master plan graphic
One photo ready original of the report and exhibits
City is to provide multiple copies of report for staff and public circulation.
2. Delivery, shipping and mailing costs.
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365-01X Proposal. July 23. 1999
Page 3
3. Travel. telephone and electronic communications costs.
We request a change order to cover the cost of the selected option listed above. Please call if you have any
questions.
Sincerely.
ESY,
Steve Estrada. ASLA, APA
PreSloent
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2L(
JUN 2 8 1933
Merkel & Associates, Inc.
3944 Murphy Canyon Road. Suile C106 . San Doego. CA 92f2'3 ,-- -- .
Ph. (619) 560-5465. Fax (619) 560-7779
E-mail Merkellnc@ao1.com
June 24. 1999
M&A# 97-122-03
Dennis , ~1vhu:tl
Kimley-Hom and Accnci...O'C
517 Fourth Aveuue. Ste. 301
San Diego. CA 92101
Re: Olympic Parkway Permitting Work
Dear Dennis:
This lener is to request additional funding be allocated to Merkel & Associates to complete work on
pennitting.and to suppon coordination effons on design and engineering issues associated interfacing
with the biological and regulatory concerns on the project. Work specifically involves:
. Evaluation of roadway design impacts on Sunbow site pennit compliance;
. Preparation of plant species lists suitable for a drought tolerant J"M""'Iping on SPAs bordering
Poggi Canyon;
. . City and.consultant update and strategy meetings;
. Agency coordination calls. meetings. field visits. and leners;.
. Cnnrinnl'(l response to agency requests for'iDfon:nation and project permit couCems. and;
. - .01ber,' sUpport services'.requestM by.1be -GJty to. move .olympiC'Partway forward to
construclion.. - .- . - .
As you are aware. the roadway has become a focal point for not only road issues. but bigger policy
concerns and has been embroiled in agency. environmental group. and political controversy. For this
reason, it is not possible to fully predict the future tasks or level of effon required to complete this
work. For this reason, I would like to ask th~. you establish a contingency fund to work against on
the items jtlM1ti;;ed above. Weare presently incurring coSts at a very rapid rate so it is difficult to
specifically. identify what 1be coritingency amount should be. However I would suggest an amount of
$50.000 against which we would work on a time and materials basis. If 80 %of this amount is used.
we would notify you of potential additional need in the future.
If you haven any questions. please call me.
Sincerely.
~~0-d
Keith Merkel
Principal Consultant
Biological Consuiling . Environmental Permitting . Habitat Restoration. Ecological Management
C2
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MERKEL & ASSOCIATES, INC.
3944 Murphy Canyon Rd, Suite C106 . San Diego, CA 92123 . Tel: 1619)560-0465 . Fax: (619)560-7779
Schedule of Fees
Billing Rates: as of January 1, 1999
Consulting
Principal Consultant
Senior Biologists
Project Coordinator
Associate Biologists
Marine Technicians
Biological Technicians
Graphic Technicians
Clerical Support
S/Hour
$120
$72
$60
$58
$52
$45
$42
$38
$180
.......,
Expert Witness
Restoration Work
Revegetation Crew Leader
Revegetation Technicians
Field Labor Support
$45
$25
$20
Sub-Consultants
Sub-consultant
Cost + 15%
Company Vehicles
Vehicle
4WD vehicle
$OAO/mile
$40/day + mileage
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EXHIBIT I
SECOND AMENDMENT TO AGREEMENT
BETWEEN CITY OF CHULA VISTA AND
KIMLEY-HORN AND ASSOCIATES, INC.
WHEREAS, the City of Chula Vista, by Resolution 18939 on
March 31, 1998, approved an Agreement to provide professional
services in connection with the Olympic Parkway Feasibility and
Financing Study; and
WHEREAS, the City of Chula Vista, by Resolution 19311 on
December 15, 1998, approved a first amendment to the agreement to
continue work on the environmental permit process beyond the
original scope of work and additional landscape conceptual design
work; and
WHEREAS,
services in order
Parkway; and
there is a need for additional consultant
to ensure the timely construction of Olympic
WHEREAS, the City requires further consultant efforts in
order to obtain completed environmental permits; and
WHEREAS, the City requires further sub-consultant work on
the Landscape Master Plan (Consultant "Option 1") for the entire
length of Olympic Parkway; and
WHEREAS, the City requires that the Landscape Master Plan
be presented to both City Council and developers to allow comments
related to the plan; and
WHEREAS, the City requires that the consultant evaluate
additional south side roadway alignment alternatives addressing
both Environmental Protection Agency and Army Corps of Engineer's
comments; and
WHEREAS, expanding the scope of work for the consultant
and sub-consultant who have extensive experience and familiarity
with the Olympic Parkway Feasibility and Financing Study will
result in enhanced continuity and move the permit process
efficiently forward to resolution.
NOW, THEREFORE, the parties agree as follows:
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21
1. Exhibit A, paragraph 8 D to the Agreement is hereby amended to ~
read as follows: Date for completion of Consultant services:
October 6, 1999, or as extended in the sole discretion of the
Environmental Project Manager.
2. Exhibit A, paragraph 11 B is hereby amended to add the
following to the Phase list:
Phase
Milestone 9
Deliverable Date
October 6, 1999
Ett
$62,994
Milestone 10
October 6, 1999
$22,190
Milestone 11
October 6, 1999
$76,120*
*It should be noted that the fee for Milestone 11, which is not to
exceed $76,120, was based on an estimated fee of $14,120 plus an
additional $62,000 to be billed on a time and materials basis.
3 Exhibit A, paragraph 11 C (1) (X) is hereby amended to delete
the figure $304,930 and to substitite in its place the sum of
$466,234. ~
4. Exhibit B: SCHEDULE is amended to add the following (see
"Exhibit B-2: Amended Schedule" on page 7):
Activitv
Deliverv Time
Task
Milestone 9 -
October 6, 1999*
Environmental Permitting.
Tasks 10.1, 10.2
Milestone 10 -
October 6, 1999
Landscape Master Plan
(Option 1).
Tasks 10.3, 10.4, 10.5
Milestone 11 -
October 6, 1999*
South Side Alignments
Task 10.6
*This date may be extended in the sole discretion of the
Environmental Project Manager.
5. The Agreement is amended to add Exhibit D attached hereto and
incorporated herein. .~
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6. All other terms and conditions not modified by this Second
Amendment to the Agreement shall remain in full force and effect.
NEXT PAGE IS SIGNATURE PAGE
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.s=~ JrlE ?A;:E T8 SEC:>ND h..1E:ND~'7 :-:> AGt--'':''~7
BETWEEN C=TY OF l..=1o.;:.;J.,. V-:'S'J:. _lJD
KIML=.,-Y-3DRN JJ!."':J .A.SSOCIA.-.""E.S, ::NC.
~
IT ...'ITNESS 'WHEREOF, City aIld ConsultaIlt: :have exe=ut:ed t:.::.:.s
Agreement tl1e:r~ iDdieatiDg that tlley have read aIld "lJJldersto:>::
same4 and indieat~ their :full and complete c=sent to its terms:
DA:1'ED:
cm OF C!roLA "VISTA
By:
Shirley Borton., .Mayor
Attest::
Susan :Eigelow
Ci1:y C1~""'l\:
.Approved as :'0 =0=:
'"""\
.Ja1:m:M... :Kab.emy
Ci -::y .A1:1:=ey
Tl:a"'Tw.n:
X:i.mJ..ey~= and Associatesy me.
By.~
les R.. :Sp' ., P.E.
By.~ fu;:7:j
D<>.....nn:i.s Ldaal.' P.E.
Project Manager
'"""\
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EXHIBIT D - ADDITIONAL SCOPE OF WORK (DEI AIL) -
SECOND CONTRACT AMENDMENT
The additional scope of work tasks have been arranged in a logical format and have been outlined
into major sections:
10.0 Additional Scope of Work (Proposed Second Contract Extension Work)
OVERVIEW
Due to the need for the consultant to do additional work in the environmental process to obtain
permits from the resource agencies and, due to the need for further work desired of the landscape
subconsultant to revise work on the landscape master plan to resolve issues regarding consistency
between SPA areas along this corridor and the proximity of trees in relation to the edge of the
travelway, an extension of the project scope of work is necessary in order to have the Olympic
Parkway project proceed without delay The additional scope of work proposed has been
summarized below.
Consultant to respond to comments on the Olympic Parkway Draft Initial StudylMitigated Negative
Declaration as needed in order to pursue and obtain wetland and endangered species authorizations
for the construction of Olympic Parkway. The consultant will also provide additional services and
analysis for the landscape master plan. As to the additional work, the consultant shall:
A. E~anded Environmental Permittinl!
Task 10.1: Response to Comments.
Provide response to comments on the Draft Initial StudylMitigated Negative Declaration.
Consultant shall also prepare for and attend the Resource Conservation Commission
meeting.
Task 10.2: Permitting and Mitigation Plan
Prepare permit applications for environmental clearances preparation as required by the
resource agencies and environmental subconsultants. Coordinate with the City and Merkel
& Associates with the additional environmental work required to resolve resource agency's
concerns.
B. Landscape Master Plan - Landscape Desi~
Task 10.3: Presentation of the Landscape Master Plan to the developers.
Give a presentation to the developers regarding the area along the Olympic Parkway corridor
of the proposed landscape master plan and address comments and questions related to the
plan including, but not limited to the type of landscaping proposed and the cost of
maintenance.
Task 10.4- Presentation of the Landscape Master Plan to the City CounciL
5
.31
Give a presentation to the City Staff and in addition, attend and give presentation at the City ""'"
Council meeting to be scheduled by the City. regarding the area along the Olympic Parkway
corridor of the proposed landscape master plan and address comments and questions related
to the plan including, but not limited to the type of landscaping proposed and the cost of
maintenance.
Task 10.5: One additional orientation meeting with developers and their landscape
consultants.
Task 1 0.6: One additional staff meeting to review maintenance trail alternatives.
Task 10.7: Review and coordinate efforts related to additional draft versions of the
Landscape Master Plan.
Task 10.8. Resolve the inconsistencies with the regional trails to the satisfaction of the
Director of Planning & Building.
Prepare additional exhibits to illustrate design guidelines for differing conditions in different
SPA plan areas and how the layout of trails, tree nodes and the maintenance trails should be
achieved in those differing conditions to the satisfaction of the Director of Planning &
Building.
C. Revised Landscape Master Plan
Tasks 10.3 & 10.4: Additional Meetings.
Attend the following meetings:
"""
Start up meetings, Design Review meeting, City Wide Staff Review meeting,
Stafti'Developer Review meeting
Task 10.5 Design Revision.
Revise the design, master plan report and large format plan exhibit to incorporate safety
recommendations issued by the City, per Consultant proposal known as "Option I ".
D Additional South Side Ali!!1lI1lent Alternatives
Task 10.6: Additional South Side Roadway Alignment Alternatives.
Prepare two south side upland alternatives that will be used as part of the alternative analysis
addressing both EP A and Army Corp comments which include: (1) An alternative on the
existing south side ridge and (2) An alternative at the edge of the south side development,
assuming a 2:1 slope from the bottom of Poggi Canyon.
Both alternatives will include: horizontal location of Olympic Parkway with the centerline
and right-of-way lines shown, limits of grading for both Olympic Parkway and cross-streets
estimated based on a hand-drawn profile, 11 "xI7" plan view drawing at an approximate scale
of I "=200', typical section, and CADD files. In addition, Kimley-Horn and Associates will """
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attend up to 5 meetings to discuss the alternatives, determine area of development impacts
and calculate conceptual earthwork quantities.
Cost Breakdown for Sco-pe of Work 10.0: $161,304 (100'10)
The cost is based on additional work required ofKimley-Hom & Associates Inc., CottonlBeland
Associates, Estrada Land Planning and, Merkel & Associates as follows:
Kimley-Hom & Associates Inc.: $35,540 (22.0% of total)
Project management and coordination of work from all subconsultants related comments
from environmental resource agencies and landscape master plan and additional south side
roadway alignment alternatives (Time & Materials in the amount of$IO,OOO).
CottonlBeland & Associates, Inc.: $10,640 (6.5% of total)
Additional work related to comments from environmental resource agencies (Time &
Materials in the amount of $2,000).
Estrada Land Planning Inc.: $17,71O(II.O%oftotal)
Additional work related to drafts of landscape master plan and coordination and resolution
of staff comments related to SPA conflicts with regional trails/sidewalks, and revision of
landscape master plan due to the proximity of trees to the edge of roadway. Additional
meetings with City staff: City Council and developers. Preparation of additional exhibits and
memos related to other trail options to address maintenance issues. Additional work and
attendance at meetings to address safety issues raised by City Engineering Staff (Consultant
Option I).
Merkel & Associates, Inc.: $97,414 (60.5% of total)
Additional work related to comments from environmental resource agencies. Work
anticipated for the biological permitting and mitigation plan in response to issues raised by
the environmental resource agencies. Increase in wetland mitigation area to be permitted.
Additional meetings with environmental resource agencies, City staff, and developers.
(Time & Materials in the amount of $50,000)
TOTAL COST PROPOSAL FOR SECOND AMENDMENT. $161,304 (100% of total)
This total includes $62,000 to be billed on a Time & Materials basis.
7
:33
EXHIBIT B-2: AME~uED SCHEDULE
(SECOND CONTRACT AMENDME~~)
""""
The revised project schedule for the second amendment to the Kimley
Horn Associates contract shows the time period for completion of
the additional scope of work milestones.
Activitv
Deliverv Time
~
Milestone 9 -
October 6, 1999*
Environmental Permitting.
Tasks 10.1, 10.2
Milestone 10 -
October 6, 1999
Landscape Master Plan
(Option 1) .
Tasks 10.3, 10.4, 10.5
Milestone 11 -
October 6, 1999*
South Side Alignments
Task 10.6
*This date may be extended in the sole discretion of the ~
Environmental Project Manager.
File:0735-10-STM331
H: \SHARED\ATI'ORNEY\KIMLEY2 FXR
"""'\
8
~f
COUNCIL AGENDA STATEMENT
Item lL
Meeting Date 8/3/99
ITEM TITLE: Resolution
- Supporting Amendments to SB 664 (Alpert) San Diego
Ferry Service: San Diego-Coronado Bridge: San Diego
Metropolitan Transit Development Board
SUBMITTED BY: Legislative Committee
4/5 Vote: Yes_ NoK
Senate Bill 664 (Alpert) would reduce Chula Vista's allocation of Transportation
Development Act (TDA) funds by more than $1 million per year. City staff has prepared
draft amendments to SB 664 which would alter the TDA allocation process and reduce
city funds by 1.3% of the amount currently received. Because support for a reduction
in funds is not covered by the City's adopted Legislative Program; the proposed
amendment is being brought forward to the City Council for consideration and conceptual
approval.
RECOMMENDATION:
That the Chula Vista City Council adopt the Resolution.
BOARDS/COMMISSIONS RECOMMENDATION: None
DISCUSSION:
Backaround. SB 664
As reported in earlier memos to the Chula Vista City Council, the City of Coronado is in
search of funds to continue the operation of the Coronado ferry service to downtown San
Diego. This service (average cost: $328,000/year) and other Coronado-based
transportation programs were previously supported by bridge toll revenues. Those
revenues have now been diverted from these programs to pay for seismic retrofitting of
the Coronado Bridge.
To assist Coronado, Senator Deirdre Alpert introduced SB 664. The bill would alter the
existing allocation formula for Transportation Development Act (TDA) funds and reduce
Coronado's contribution to "regional transit service". This, in turn, would provide
Coronado with sufficient funds to continue the operation of the ferry service. At this
time, "regional transit service" refers to 10 bus routes and the trolley.
The current allocation formula results in each of the MTDB members contributing
different percentages of their TDA funds to support regional service. The Chula Vista
contribution is 11.1 %. Senator Alpert's bill would require all the agencies to contribute
between 40% and 50% of their funds to support regional service. This would cost Chula
Vista more than $1 million per year, and devastate the City's growing transit program.
/I-I
Page 2 Item No._
Meeting Date: 8/3/99
Recent Actions
City staff, accompanied by the City's representative to MTDB, attended a special
hearing on SB 664 in Sacramento. The Senate Transportation Committee voted to
pass the bill out of committee. Following the hearing, Senator Alpert met with the
representatives who had testified in opposition to the bill. It was suggested that, as
an alternative to SB 664's current text, the MTDB members might agree to a different
process for allocating TDA funds in order to provide support for the ferry service.
Senator Alpert indicated some willingness to entertain amendments to the bill.
The suggestion, being submitted to the 11 affected agencies, is to agree to define the
ferry service as part of regional transit for the MTDB service area and, in the short
term, to take the funds needed for that service noff the topn of the TDA pool. The
agencies would receive their current percentage of TDA funds, less the $328,000
needed for the ferry service.
Lona Term Plans
The MTDB Regional Transit Funding Subcommittee will continue its work to develop a
more appropriate allocation of mass transit funds (Federal monies, TDA funds, fare
box revenues, etc) to support regional service. That committee is expected to present
its findings and recommendations by the end of this calendar year. The City Council
will be asked to review those recommendations and give direction to the City's MTDB
representative at that time.
FISCAL IMPACT:
A reduction in TDA funds of $ 7 ,894 per year for Chula Vista. This reflects the loss of
$328,000 from the total TDA pool prior to distribution of these funds to the various
affected agencies. This action is anticipated to be a short-term solution, and should be
superceded by the proposal being developed by the MTDB Regional Transit Funding
Subcommittee.
attachments:
. Comparative chart of TDA allocations in the MTDB service area
. Text of 5B 664
. Possible Draft amendment to 5B 664
c:\...\ 1999\A 113\sb664.113
/1-;)-
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA SUPPORTING AMENDMENTS TO SB 664
(ALPERT) SAN DIEGO FERRY SERVICE: SAN DIEGO-
CORONADO BRIDGE: SAN DIEGO METROPOLITAN
TRANSIT DEVELOPMENT BOARD
WHEREAS, Senate Bill 664 (Alpert) would reduce Chula
Vista's allocation of Transportation Development Act (TDA) funds by
more than $1 million per year; and
WHEREAS, City staff has prepared draft amendments to SB
664 which would alter the TDA allocation process and reduce city
funds by 1.3% (or approximately $7,894) of the amount currently
received; and
WHEREAS, said funds would assist the city of Coronado to
continue the operation of the Coronado ferry service to downtown
San Diego; and
WHEREAS, this service (average cost: $328,OOO/year) was
previously supported by bridge toll revenues, however, those
revenues have been diverted from the ferry service to pay for
seismic retrofitting of the Coronado Bridge; and
WHEREAS, because support for a reduction in funds is not
covered by the City's adopted Legislative Program, the proposed
amendment is being brought forward to the City Council for
consideration and conceptual approval.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby support amendments to SB 664
(Alpert) San Diego Ferry Service: San Diego-Coronado Bridge: San
Diego Metropolitan Transit Development Board.
Presented by
Approved as to form by
Shirley Horton, Mayor
orney
H:\home\attorney\reSO\SB664 sup
11- 3
CURRENT IDA ALLOCATIONS AMONG MTDB MEMBER AGENCIES (FY 2000)
PERCENT OF TDA SB 664
APPORTIONMENT ASSESSMENT
CURRENT ALLOCATED TO FOR REGIONAL
ASSESSMENT FOR REGIONAL TRANSIT
CURRENT IDA REGIONAL TRANSIT SERVICE @ 40%
JURISDICTION APPORTIONMENT TRANSIT SERVICE SERVICE CONTRIBUTION *
Chula Vista $3,972,029 $440,895 111% $1,588,811
Coronado 656,347 580,712 88.5% 262,539
El Cajon 2,316,090 392,421 16.9% 926,440
Imperial Beach 699,977 483,684 69.1% 279,991
La Mesa 1,421,010 516,669 36.4% 568,404
Lemon Grove 620,560 31,028 5% 248,224
National City 1,333,430 133,343 10% 533,372
Poway 1,154,446 57,722 5% 461,778
San Diego . 30,022,958 13,059,981 43.5% 12,009,183
Santee 1,385,836 138,584 10% 554,334
County MIDB 4,569,939 333,606 7.3% 1,827,975
Area
TOTAL $48,152,630 $16,179,651 N/A $19,261,052
KEY:
* = As estimated by MTDB
. = City of San Diego turns over all of its IDA funds to MTDB, which runs the City's transit system
) 1- t..J
Legislation
Subscribe
Bill Info
Past Sessions
Codes
Statutes
Constitution
lof8
http://www.sen.ca.govlhtbinltestbi...OO.SB0664]CURRVER. TXT, IlhilllSB664
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m......__rti:~..~~'ilia!} In:.__ om_il\f_ Aaalcll'l'V'~
,." .' ................ ., .. .. ....
~Current Session Legislation~
SB 664 San Diego ferry service: San Diego-Coronado Bridg
BILL NUMBER: SB664 AMENDED 07/01/99
AMENDED IN SENATE JULY 1, 1999
AMENDED IN SENATE MAY 28, 1999
AMENDED IN SENATE APRIL 27, 1999
INTRODUCED BY Senator Alpert
FEBRUARY 24, 1999
An act to amend Section 39796.7 120265 ot and to add Section 99400. 7 to, the Public
Utilities Code, and to amend Sections 30796. 7 and 30796.10 of the Streets and Highways
Code, relating to RiEJR'"ays transportation, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 664, as amended, Alpert. IIiEJRHays I San Diego ferry service: San Diego-Coronado
Bridge: >:8\-8R"8 ll8RelS. t8ll >:8'08""8 San Diego Metropolitan Transit Development
Board.
(1) The Mills-Alquist-Deddeh Act specifies allowable claims for local transportation
.fUnds that may be filed with the transportation planning agency.
This bill would allow cities within the County of San Diego to file claims with the
transportation planning agency to provide commuter ferry service on San Diego Bay for
the purpose of serving peak period commute trips for pedestrians and bicycles, as
specified. Because this would increase the level of services required of transportation
planning agencies, this bill would impose a state-mandated local program.
(2) Existing law creates the San Diego Metropolitan Transit Development Board in San
Diego County. Provision is made, on an annual basis and at the time of the annual
apportionment, for an assessment of each member jurisdiction based on a percentage of
its apportionment equal to the percentage of its 1983-84 fiscal year apportionment
claimed for support of regional transit services or 5% of its annual apportionment,
whichever is greater
This bill would require that assessment to each member jurisdiction, except the County of
San Diego, to equal at least 40% and be not more than 50% of its annual apportionment
claimedfor support of regional services.
(3) Existing law requires the revenue from any tolls imposed on the San Diego-Coronado
Bridge to be used first for expenses related to the collection of tolls and operation of the
bridge.
This bill would specifY that expenses related to the collection of tolls includes, but is not
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limited to, the installation and operation of an automated toll collection system, if that
system is installed by the San Diego Association of Governments. The bill would make
conforming changes.
(1) EuiatinEj lau aldtl=1sEie8s the EaR QiSEj8 Asseeiatien Elf CEJ"".8Enments te
iSSld8 tell sFisEj8 Ee~en~e SeRaS tRat are ~aJaele fEem taB Ee~enae8
asrilsa frem tells i~esea sa the San DisEj8 CSFsnaae BrisEjs. TaB senas
are Fe~iFea te Be issaea ~HFeHaRt te a Feaelatisa aae~tea at aay time,
ana fEem time te time, 8} the assesiatisa sy a majerity 7ste af the
Ej6V8FRiREj seaFs sf the asseeiatien.
EnistinEj leu a!3prs!3Fiates all HlSFlSY els!,ssiteEi iF!. tho San DioEj8 CeroRaae
Tell BrisEj8 Re-:sR\:iS FHn8. !!Eisr te riaE'eR 2E:, 1992, ana Flet 8U19Snaea,
enearneersa, SF 19E5EjFammea setsE'S JaFlHaFY 1, 1991, te tl=1e CsatFsllsr fer
alleeatisB te the asseeiatien feE seEtaiB BEia~e Eelatea ~~E~es6B.
EuistiR~ lei: EeE!l:1ires Ee~reRueeleri-:ea fLam tells sa tke eriei~8,
insl~eiRg meRey alleeatee sy tae ~sRtreller as s~eeifiee ase7e, ta se
!:isee, first, fer e][~eR8eS relateS. ta eellestien ef the taIls aBa
a~eEatiaR af tae BEia~e, aRet, sesena, fer i~re7emeRts te tae Briege
aRa its a~~raashes. In aaaitien, the MaRey is aHtaeEi~aa te Be usee fer
tranB~srtatieB ser7ises taat eitRer iasEease the sa~asity ef the sri age
aRe its a~~Feashss eF Eeause tRe aemaRa fer tEa.el in the
trans~eFtatiaB ssrEiesE taat iR01l:1aes the Briege, sertain alteERative
feEms ef tEaBa~artatiaR taat reaues eSRgestien aRe air ~611Id.tieR, aaa
cGI3ital im.'!3ESi.-emeRta aaa Eelatea eu~eaeiturea tJitaia tae Bridge
traRSF'8E'tatiaF.L sSEEieSE :ESE eaastEl:1stiea aRa. m.aiRteRaaee sf silEeHays.
Tae Bill i:sl:ila re~l:1ire, EatheE theB autasriEe, tae Ee.enl:1es aeFi7ea.
tram tells aRa the meney allesatea sy tae Centreller ta se usee feE the
aaaitisR31 I3uEI3eses s~eeifiea aBa~e iR a sI3esifieei srder of ~rierity.
Tae Bill taereBi i:eula SEeats a state maaaatea. lesal I3Eegram sy
impesiag aaeitieaal eiaties HI3ea the atltheFity, aa entity ef lssal
gs-:ernment.
(2) Enistiag la.l Ee~HiEes the assseiatien te I3EeI3are aR aRald.al a1:leiit af
6npeaait1d.res that are fld.aaea lIith tall re-.-enCles.
TRia sill lIaula reE!l:1ire the auait te iaelaae aR asssl:1nting af all fl:iBas
allaeatea te tas asseeiatioR B1 the CantrellsE, as sI3eeifiea aes7c, aaa
a list sf aRr I3Eej eets ana p1rsgrams far i:hish tRess tunas ",:ere
enI3eaa.sEi, as sI3ssitiseL Tas Bill thereBY ".leula SEeats a state maaaated
lesal I3Eegram B1 im'!3e8iB~ aelaitienal eiutisa l:1I3eR the al:1taerit}.
+3t-
(4) The California Constitution requires the state to reimburse local agencies and school
districts for certain costs mandated by the state. Statutory provisions establish procedures
for making that reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide and other
procedures for claims whose statewide costs exceed $1,000,000.
This bill would provide that, if the Commission on State Mandates determines that the
bill contains costs mandated by the state, reimbursement for those costs shall be made
pursuant to these statutory provisions.
-f4t-
(5) The bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
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SECTION 1. SeatteR 30796.7 af the Streets aR~
SECTION I Section 99400. 7 is added to the Public Utilities Code, to read:
99400.7 Notwithstanding Section 99232, cities within the County of San Diego may file
a claim under this article with the transportation planning agency to provide commuter
ferry service on San Diego Bay for the purpose of serving peak period commute trips for
pedestrians and bicycles. The commuter ferry service may be located anywhere on San
Diego Bay, but shall be consistent with the regional transportation plan, shall serve
employment centers and high volume activity centers, and may be provided by contract
with operators, private entities operating under afranchise or license, or nonprofit
corporations organized pursuant to Division 2 (commencing with Section 9000) of Title I
of the Corporations Code.
SEe. 2. Section I20265 of the Public Utilities Code is amended to read:
120265. (a) The board shall provide a system of regional transit operating services and
support activities including, but not limited to, facilities, fare media, information,
maintenance, marketing, security, and signing for its area of jurisdiction, to be funded
from the regional transit fund which the board shall create. The board may provide the
regional services directly, by contract with the San Diego Transit Corporation, or by
contract with any other provider of services as it deems appropriate, and upon terms and
conditions that the board finds in its best interests. The board shall complete an economic
feasibility study of competitive bidding for regional transit service within 180 days from
the date of acquisition of the San Diego Transit Corporation and shall update the study at
any time the board deems appropriate to consider changed circumstances. The board shall
adopt a policy for contract services to permit prices and other factors to be compared and
evaluated prior to negotiating any contract for regional service.
(b) The board shall determine the routes, fares, frequency of service, and hours of
operation of regional services. The board shall create a regional transit service advisory
committee consisting of a representative from each of the jurisdictions that contributes to
the regional transit funds from its apportionment as determined pursuant to Section
99231
Periodic revisions to the regional route system may be made by the board upon review by
the regional transit service advisory committee which shall meet on an as-needed basis,
but not less than once a year to review the annual budget and assessment for regional
transit services.
(c) The formula specified in subdivision (d) for funding regional services shall remain in
effect for a minimum of three fiscal years and thereafter may be amended by agreement
of all affected jurisdictions and the board. The regional transit service advisory
committee shall review the assessment formula .and recommend appropriate changes to
the board and the jurisdictions.
(d) On an annual basis, at the time that the annual apportionment schedule is developed
by the transportation planning agency, each jurisdiction , except the County of San Diego,
shall be assessed a !3ereeRtal!J8 sf ita a~!geE'tiemnent 8E!l:ial te the 13ereeRtal!J6
~: ~=: i9~~ ~~ ~~S::l ~aF a~~eFtienmeRt elaimea feF e~~eFt ef
rSl!JisRal seF~~ iees 8J:' .5 at least 40 percent and not more than 5 percent of its
annual apportionment, "Biens. eF is 'lFeateF claimedfor support of regional
services. The assessment for the County of San Diego shall be applied only to that
portion of the county apportionment attributable to the board's area of jurisdiction as
defined in Section 120054. Any funds remaining after the annual assessment for regional
services shall be made available to the jurisdictions for support of transit purposes.
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(e) The board may enter into agreements with any local jurisdiction to provide local
transit services by the means and upon terms and conditions as may be mutually agreed
upon.
(t) The board shall, upon request of the City of Coronado, Poway, or Santee, or the
County of San Diego, establish reserves consisting of that part of the board's allocation
pursuant to paragraph (1) of subdivision (b) of Section 99233.5, which otherwise would
have been allocated to each requesting city or county for the first two fiscal years after
the board's acquisition of the San Diego Transit Corporation. The reserves shall be used
by the board for transit purposes within the requesting city or county.
(g) The acquisition of the San Diego Transit Corporation by the board shall not create or
impose any financial liability upon the County of San Diego or the cities within the
board's area of jurisdiction for any obligations and liabilities of the corporation by virtue
of their membership on the board.
SEe. 3. Section 30796.7 of the Streets and Highways Code is amended to read:
30796.7. (a) Notwithstanding any other provision of law, the San Diego Association of
Governments, on behalf of the state, may impose a toll on vehicles crossing the San
Diego-Coronado Bridge. The toll shall be established by the association after conducting
at least one public hearing.
(b) The authority of the commission relative to tolls on the bridge is hereby transferred to
the San Diego Association of Governments. All tolls on the bridge shall be at the rates
established by the San Diego Association of Governments, except that at no time shall
the rate of toll for class 1 vehicles exceed one dollar and fifty cents ($1.50) per vehicle.
(c) (I) The revenues from any tolls imposed on the bridge shall be used first for expenses
related to the collection of tolls, including, but not limited to, the installation and
operation of an automated toll collection system, if that system is installed by the
association, and operation of the bridge, including, but not limited to, reimbursement for
any operating and retrofitting costs and, second, for improvements to the bridge and its
approaches. Tolls shall be established at an amount which will generate revenue
sufficient to meet the requirements set forth in this paragraph, as determined by the
department. Maintenance of the bridge shall be funded by the state under Section 188.4.
(2) The revenues from any tolls imposed on the bridge may also be used for costs
incurred by the San Diego Association of Governments in administering this section and
for any of the following:
(A) Transportation services that either increase the capacity of the bridge and its
approaches or reduce the demand for travel in the transportation corridor that includes the
bridge.
(B) Alternative forms of transportation, within the transportation corridor that includes
the bridge, that reduce congestion and air pollution, including, but not limited to, ferry
service and public transit.
(C) Capital improvements and related expenditures within the transportation corridor for
construction and maintenance of bikeways.
(d) For the purposes of this section, "transportation corridor" means the San
Diego-Coronado Bridge and its approaches which extend from Route 5 in the City of San
Diego to the North Island Naval Air Station via Route 282, and to the Naval Amphibious
Base via Route 75 in the City of Coronado.
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(e) All money deposited in the San Diego-Coronado Toll Bridge Revenue Fund prior to
March 26, 1992, and not expended, encumbered, or programmed before January 1, 1994,
is appropriated to the Controller for allocation to the San Diego Association of
Governments for the purposes of paragraph (2) of subdivision (c).
(f) The San Diego Association of Governments shall include in the regional
transportation improvement program, and every update thereof, an expenditure plan
specifying the projects and programs that are to be funded with toll revenues.
(g) If the San Diego Association of Governments, on behalf of the state, imposes tolls
pursuant to subdivision (a), it shall reimburse the department for costs incurred by the
department in operating the bridge, collecting tolls, and performing other related services.
The association and the department shall enter into an agreement which provides for the
full reimbursement of the department for all operating costs.
(h) The San Diego Association of Governments shall prepare an annual audit of
expenditures that are funded with toll revenues. The audit shall be funded solely with toll
revenues and shall not include expenditures made by the department. The association
shall review the annual financial report on state-owned toll bridges that is prepared by the
department for revenues collected under this section.
SEe. 4. Section 30796.10 of the Streets and Highways Code is amended to read:
30796.10. (a) The San Diego Association of Governments may issue bonds payable from
the revenues derived from the tolls imposed on the bridge. The bonds may be issued by
the San Diego Association of Governments at any time, and from time to time payable
from the revenues from the tolls. The bonds shall be referred to as "toll bridge revenue
bonds." The association shall be an instrumentality of the state for the purposes of those
issuances.
(b) The revenues from the tolls on the bridge shall be subject to a statutory lien in favor
of the bondholders to secure all amounts due on the bonds and in favor of any provider of
credit enhancement for the bonds to secure all amounts due to the provider with respect
to those bonds. The lien shall immediately attach to the toll revenues and be effective,
binding, and enforceable against the San Diego Association of Governments, its
successors, creditors, and all others asserting the rights therein, irrespective of whether
those parties have notice of the lien and without the need for any physical delivery,
recordation, filing, or further act. The toll revenues shall remain subj ect to the lien until
all bonds are paid in full or provisions are made therefor. The bridge shall not become a
free public bridge until that time.
(c) The liens on toll revenues created by this section shall be subject to expenditures for
the collection of tolls, if those expenditures are not otherwise provided for by statute,
including, but not limited to, expenditures relating to the installation and operation of an
automated toll collection system, if that system is installed by the association, but shall
have priority over the use of any of the toll revenues for improvements undertaken
pursuant to the authorization contained in subdivision ( c) of Section 30796.7
(d) Toll bridge revenue bonds shall be issued pursuant to a resolution adopted at any
time, and from time to time, by the San Diego Association of Governments by a majority
vote of the governing board of the association.
The San Diego Association of Governments may from time to time, issue bonds in
accordance with the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section
54300) of Part 1 of Division 2 of Title 5 of the Government Code), for the purpose of
constructing, improving, or equipping the bridge, or for any of the purposes authorized
by Section 30796.7 for the expenditure of toll revenues. Operation of the bridge shall
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constitute an "enterprise" within the meaning of Section 54309 of the Government Code,
and the San Diego Association of Governments shall constitute a "local agency" within
the meaning of Section 54307 of the Government Code. Article 3 (cornmencing with
Section 54380) of Chapter 6 of Part 1 of Division 2 of Title 5 of the Government Code
shall not apply to the issuance and sale of bonds pursuant to this section. Instead, the San
Diego Association of Governments shall authorize the issuance of bonds by resolution,
which resolution shall specify all of the following:
(1) The purposes for which the bonds are to be issued.
(2) The maximum principal amount of the bonds.
(3) The maximum term for the bonds.
( e) The maximum rate of interest to be payable upon the bond which interest rates shall
not exceed the maximum rate specified in Section 53531 of the Government Code. The
rate may be either fixed or variable and shall be payable at the times and in the manner
specified in the resolution.
(f) Interest on any bonds issued pursuant to this section shall at all times be free from
state personal income tax and corporate income tax.
(g) Any bonds issued pursuant to this section are a legal investment for all trust funds; for
the funds of insurance companies, cornmercial and savings banks, and trust companies;
and for state school funds. Whenever any money or funds may, by any law now or
hereafter enacted, be invested in bonds of cities, counties, school districts, or other
districts within the state, those funds may be invested in the bonds issued pursuant to this
section, and whenever bonds of cities, counties, school districts, or other districts within
this state may, by any law now or hereafter enacted, be used as security for the
performance of any act or the deposit of any public money, the bonds issued pursuant to
this section may be so used.
The provisions of this section are in addition to all other laws relating to legal
investments and shall be controlling as the latest expression of the Legislature with
respect thereto.
(h) The State of California pledges and agrees with the holders of the bonds issued
pursuant to this chapter, and with those parties who may enter into contracts with the San
Diego Association of Governments pursuant to the provisions of this chapter, that the
state will not limit, alter, or restrict the rights hereby vested in the San Diego Association
of Governments to finance the toll bridge improvements and other projects and programs
authorized by this chapter. The State of California pledges and agrees not to impair the
terms of any agreements made with the holders of bonds, and with the parties who may
enter into contracts with the San Diego Association of Governments pursuant to this
chapter, and pledges and agrees not to impair the rights or remedies of the holders of any
revenue bonds or any parties until the bonds, together with interest, are fully paid and
discharged and any contracts are fully performed on the part of the San Diego
Association of Governments.
(i) The San Diego Association of Governments may include the pledges made under this
section in its revenue bonds.
SEe. 5. Notwithstanding Section 17610 of the Government Code, if the Commission on
State Mandates determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for reimbursement does not exceed
l 1- ,0
60f8
7/28/9911:58 AM
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http://www.sen.ca.gov/htbin/testbi...OO.SB0664 ]CURR VER. TXT, l/bill/SB664
one million dollars ($1,000,000), reimbursement shall be made from the State Mandates
Claims Fund.
SEe. 6. This act is an urgency statute necessary for the immediate preservation of the
public peace, health, or safety within the meaning of Article IV of the Constitution and
shall go into immediate effect. Thefacts constituting the necessity are.
In order to avoid the loss ofjimdingfor critical peak period transportation services
impacting thousands of regional users of the San Diego-Coronado Bridge transportation
corridor, and to provide the necessary authority to provide for the installation and
operation of an automated toll collection system on the San Diego-Coronado Bridge and
to fund commuter ferry services on the San Diego Bay at the earliest possible time, it is
necessary that this act take effect immediately. IIiEjhuays Cee!e is amenaee! te !'eae!.
3Q79€. '7. (3) ~let.1itRstaneiiFl~ any eta8E pre7isieR sf la\1, the SaR 8ie~8
hS8seiatisa of CS!8Enments, en e8aalf sf the state, may im~eae a tell
en ~eBielea eEe88iR~ the Saa gie~e CSE8aaae Bria~e. The tell shall se
estaelisflea by the asaeeiatien after eeFlaHetiB~ at least eRe ~~blic
h.eaEif1~.
(8) The a~theEity sf tRs eemmissisR relati.e te tells en the eEia~e is
acres) tFaRsfeFFea te the SaR Die~e ~aaeeiatieR sf Ce.8Fnmenta. All
tells sa the eFia~e shall ae at tae Fates established BY the Sea Die~0
.".ssseiatisa of Ce .~eFnment8, euee~t taat at BS tims saall tae Eate ef
tell feE 81ass 1 -I,-ehieles eneeea eRe aellaE ana fift} eents (~1..9 Q) !!leE
:eaiele.
(e) (1) The Eevenues tEem any taIls im@eses en tae sEia~e saall Be usee
fiEst feE en~ease8 relates te tae eellestiea sf tells ana e!!leratieR af
tae BEia~e, iRslaaiR~, But net limitea ta, EeimSuEsemeat feE aRY
s~eEatiR~ ana EstEsfittia~ seeta aRa, SeSSRa, fSE im~Es.ements te tae
sEia~e aRs its a~~Eeaehes. Tells aaall be estaBlishes at aa affisHnt that
..ill ~eReFate Ee.eBHe saffieieat te meet the Ee~~iEemeRt8 set fSEth in
this ~aEa~raph, as seteEmiaea sy ths aepartmsat. tlaiatsaaRse af the
bEia~e saall Be t~Rses sy the state uRaer SeetiaR 188.1.
(2) Tae re7ea~es fEem aay telle im~esea ea tae sEia~e that EemaiR after
the enf'enaitaEes EeE!~iEea aRaeE 13aEa~Ea!!lh (1) ha'\-e BeeR maae shall se
Hass feE sests iBBurres 8) the San Bie~e ~88eeiatieR af Ce~erRmeRt8 in
aEiIRiRisteEia~ this sastien ans feE' aRY af the fell8\:in~:
(~) TE'ans!!lertatisR aeEvi8ea that eitaer ia8Eease the ea~aeiti ef tae
bEia~e ana its a1313ESaeaes SE Eeaase the semans feE tEa.el in the
tEans13sE'tatian eSEEiaeE that iaelases the sEia~e.
(2) ~lteEnati7e EeFm8 af traRS13eEtatien, t:ithia the traRspsrtatisR
eSFFiser that iBelases taB Bria~e, teat reaaee eSR~eatiaR aRa air
13ellatisR, inel1:iaiR~, sut Ret limitea te, feFFY seF7iee ana public
transit.
(Cl Ca!3ita1 i:m~Es7e:meRta and. Eelatea en13eRditurca .dthiR the
tEans13srtatisR eSFriaer feE eeBstEuetieR aRa mainteRanee sf silr.euaya.
(3) It the tell Fe_eR~es EemaiRiR~ as aeesEiees iR para~ra13h (2) aES
iR8HffieieRt te fHRa the tEaas13ertatieR aer.ise8 aRa alBe%nati7e tSEm8
sf tran8~eEtatieR aeaerieea in s~e13ara~ra~hs (~) aBa (B) af p3Fa~ra13R
(2), the aaaseiatieR sRall f~Ra these aeE7iees ana alteFRati~e farms sf
traRs13srtatieB :lith the meRey alleeatea Be the assseiatisn uRaaE
8~eai7i8ieFl (8).
(a) Fs~ the l'url'eC3los af taia sestien, "tFanSl?srtatisn eSEriaeE" meaBEI
tRe Ean Bie~s CSFeaasa Bria~e aRa ita a~13reaSRea that euteRa fLem Rsute
3 iR the City sf EaR Die~e ts the NSEth Islana Ua. a1 J.ir EtatisR . ia
II - II
70f8
7/28/9911:58 AM
"-
Legislation
http://www.sen.ca.govlhtbinltestbi...OO.SB0664 ]CURR VER. TXT, l/hil1lSB664
Ratite 2B2, aRa te tae Na7al ~Rieieus Base 7ia Ratite 7~ ia the City af
CSEsnaa8.
(e) ~ll mensJ ae~88itea is the EaR Bie~e Cersaaae Tell Bria~e Re~eRue
f\::lR8. !:lEis)? te HaFeR 2€, 1992, aRa net eUpl8Releei, 8aeamBSFsei, BE
~re~Fammeel esters JaRuary 1, 1991, is a1313Ee~Eiateel te the CentEsllsF
feE allaeatien te the SaR 9ie~e ~sseeiatien af Ce.errrmcRts fer the
~~E13e8es sf ~ara~Fa13h (2) sf 8~eai7isien (8).
(f) The Saa 9ie~e ~sseeiati8n sf CS78ERmsata shall inel~ele iR tRe
re~ienal tEaRa~0rtatiefl impE8.ement 13Fe~Fam, ana 878EY \::l~aate taBEesf,
aa e1E~eReiitl:1Fe !:lIaR 813eeifyin~ 'ERe !3rejeeta aBet !3Ee~ram8 that are te Be
fl:1Raeei uith tell F8.enI:18e.
(~) If 'Eae BaR 9ie~e ~8aeeiatieR af CeV8FnmeRts, ea aeaalf af tae
state, im~sses taIls ~~rsuaRt ta sHBai~isiaR (a), it saall rei~Hr8e
tae ae~artmeRt far sasts ins~Ered BY tRe de~artment ia s~eratiR~ the
Bria~e, eellestin~ tells, ana ~eFfaFmiR~ staeF relates serviees. Tae
assesiatiaR aRe tae ee~aFtmeRt shall eRteE iRte aR a~reemeRt tRat
~raviees feE the fall FeimeHFsemeRt af the ae~aEtmeRt faE all e~eFatiR~
eests.
(a) Tae Saa Die~e ~s8eeiatieB ef Ce7eFnmenta saall ~Le~are an aRRual
audit af elEf3eReUt~res taat are fl:inaee ",:ith tell rBi..CRuea. Tae alaait
saall Be fl:iRaea a'elely Hita tell Ee. eRl:ieS aRa saall Ret iRel1:iae
eu!,eaaitHFes meae BY the de~aFtment. Tae aueit saall inslHaB aR
aesal:iRtin~ af all fHnas allasates te the assseiatien ~nseE sHBsi.isieR
(e) aRa sRall inel~ae a list ef any ~Eejeets ana "ra~Eams fer HRiea
taese f~nas ',IeEe elE~eReee 1:lasel:' fJara'3ra~1=1 (3) ef s1:iEai.~.isien (e). Tae
assaeiatiaR a1=1all Fe.:ie',l tae aRRHa 1 fiaaRcial re[3ert sa state e,lBee
tell BEia~es taat is ~Fef3area BY the ae~aFtmeRt fer re~enues cellectea
URaer this seetisa.
SEC. 2. l1ett:itaStaRainEj SeetisR 17€19 ef tae Ce.:eFnmeRt Ceae, if tae
CemmissieR ea State Uaaaates aeterm.iR8s taat tRia act coataias cests
maReatea BY the state, reimB~rsement te leeal aEjeReies aaEi scaeel
districts feE taese seats aaall Be made ~1:lFS1:laRt te Part 7 (eemmenciR~
",lita SeetieB 17.599) ef Qi-.risieR 1 ef Title 2 ef the Ce.l;eFFlfReat Cese. If
the state',:ieie eest ef tRe elaim fa:!" reimB1:iFSemeRt aees Bet elEeeea ene
millieR sellars (~1,999,999), reimBUrSBmeRt shall Be maae frem tae
State UaBaates Claim8 Fl:iRa.
SEC. 3. Taia aet is aa HFEjeRey statute nesessary fer tae immeaiate
{3FeseF-.ratieR af the pUBlis !,eaea, Health, er safety HithiR tae m.eaRinEj
af ~rtisle IV af the CeRstitutieR aRe ahall Eje iRta immeaiats effect.
TaB fasts eenatit~tinEj t1=1e Reeessity aEe.
Ia eraer te ael~ malLe sertaia, at ta6 earliest ~essiBla time, that
re~eR~ea aSFi~es frem tells i~eses sa tae Saa QieEje CeFeBade D~ia~e
aEe cn~eRaea aBly ter the pUFpeses iateaaea B) the l..eEjislatliEe aRa
thereBY a":eiei iRl:ftl.iFleRt less af fl:lFl.aiBEj fer sFi tieal "ealE "srise
tEaBs!,ertatien ser7isss im~aetiR~ tae~aaRas ef Fe~isRal Hse~a sf ta6
Ean QieEje CeEeaase BFia~e tFaRs~eFtatieR serrideE, it is Raeeesa~y that
taio :let taILS aftest ifflHleaiately.
Home Senators Leeislation Committees Schedules Offices/Caucuses Audio/TV Fans/Links
Please send any questions or comments about this site to WebMaster@sen.ca.eov
11- I'd--
80f8
7/28/9911:58 AM
"'~
--.
PROPOSED DRAFT AMENDMENTS TO SB 664
SEC. 2. Section 120265 of the Public Utilities Code is amended to read:
[120265 (a) no amendments proposed]
(b) could be amended to read:
The board shall determine the routes, fares, frequency of service, and hours of operation
of regional services. The board shall create a regional transit service advisory committee
consisting of a representative for each of the jurisdictions that contributes to the regional transit
funds from its apportionment as determined by section 99231. The commuter ferry service from
Coronado to San Diego shall be considered a regional route and shall be funded from TDA
funds, or other appropriate transit-relatedfunds, in an amount at least as high as was provided
by Coronado Bay Bridge tolls during FY 1998/99 This regional support from the TDA pool
will be made prior to any local apportionment of these monies.
This amount may be reduced to the extent that bridge tolls or other sources of revenue, excluding
TDA funds, are located to provide needed financial support for the ferry.
[section (b) continues from there without changes]
[section (c) no amendments proposed]
(d) On an annual basis, at the time that the annual apportionment schedule is developed by the
transportation planning agency, each jurisdiction except the County of San Diego shall be
assessed a percentage of its apportionmentfor support of regional services. This percentage
shall be equal to the percentage of its 1999 fiscal year apportionment, or five percent, whichever
is greater. The assessment for the County of San Diego shall be applied... [rest of this section to
remain the same].
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