HomeMy WebLinkAbout1991/05/14 Item 20
COUNCIL AGENDA STATEMENT
Item 20
Meeting Date 5/14/91
ITEM TITLE:
Public Hearing:
lakes Road-Phase I
Resolution 11.170 Confirming the assessment, ordering the
improvements made, together with appurtenances, and approving
the Engineer's "Report" in Assessment District No. 88-1 (Otay
lakes Road, Phase 1)
Assessment Di stri ct No. 88-1, Otay
SUBMITTED BY:
REVIEWED BY:
Resolution '&'1..,' Authorizing certain assessment district
bonds to be sold at a public sale and directing a call for
sealed bids in Assessment District No. 88-1 (Otay lakes Road,
Phase I)
Director of Public wo~
City Manager~~ . (4/5ths Vote: Yes__No-X-)
On April 9, 1991, Council adopted the Resolution of Intention to order the
acqui sit i on and fi nanci ng of Otay lakes Road Phase I and a port i on of the
Telegraph Canyon Drainage Channel pursuant to the Municipal Improvement Act of
1913. Council set May 14, 1991 as the date to conduct the required publ ic
hearing. The associated resolutions include confirming the assessment,
ordering the improvements, approving the engineering's report, authorizing the
sale of bonds and directing a call for sealed bids.
RECOMMENDATION: Adopt the resolutions.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Municipal Improvement Act of 1913 requires that a public hearing be
conducted to hear testimony prior to forming an assessment district to finance
public improvements through the sale of bonds. On April 9, 1991 Council set
May 14 as the date to conduct that hearing. All owners of property within the
proposed Assessment District, which contains only non-residential land uses,
have been mailed a notice of the public hearing including the proposed
assessment to their land.
After conducting the publ ic hearing and considering any testimony presented,
the Council may choose to proceed with the district by approving the
Resolution Confirming Assessments and approving the Resolution Authorizing
Bond Sale. These actions, pursuant to the Municipal Improvement Act of 1913,
allows the financing of infrastructure improvements through sale of Assessment
District bonds with payments collected with property taxes.
20"'/
Page 2, Item 'Zl)
Meeting Date 5/14/91
The proposed Assessment District No. 88-1 is an acquisition Assessment
District wherein the developer has constructed the public improvements and the
City is acquiring them with funds derived from the sale of bonds. The cost of
the improvements is assessed to land within the Assessment District and paid
off by the property owners over a twenty-five year period. Property owners
have the option of paying off the assessment in a lump sum at any time
following the public hearing.
The improvements proposed to be fi nanced by the Assessment Di stri ct i ncl ude
Otay Lakes Road Phase I between approximately Rutgers Avenue and Lane Avenue,
and the Telegraph Canyon Drainage Channel between approximately Rutgers Avenue
and the EastLake Business Center. All of the improvements have been completed.
The land to be assessed is
EastLake Village Center.
residential land.
a 11 withi n the EastLake Bus i ness Center I and the
It is not proposed to levy any assessments on
The total amount proposed to be assessed to the parcel s in the Assessment
District is $8,298,367. This includes construction, engineering, design,
inspection and administration costs and other incidental costs as shown in the
fo 11 owi ng:
ACQUISITION CONSTRUCTION COSTS
Otay Lakes Road - North portion
Otay Lakes Road - Rutgers to EastLake boundary
Telegraph Canyon Channel - Phase I
Total
$ 833,176
4,770,911
230.735
$5,834,822
INCIDENTAL EXPENSES
Project Management
Assessment Engineering
Design Engineering, Survey & Staking
Construction Management
Bond Counsel
Financial Consultant
Landscape Design
Utility Engineering
Plan Check & Inspection Fees
Public Agency Project Management
Legal Fees (right-of-way)
Special Studies Engineering
Soils Engineering
Printing, Advertising, Posting of Public
Hearing Notices
Bond Printing, Servicing & Registration
Miscellaneous
2% City Administration for Channel DIF
$ 20,000
55,000
547,091
11,925
50,000
60,500
62,083
14,101
208,930
22,300
41,852
43 , 184
116,440
3,000
10,000
14,622
4,615
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Page 3. Item
Meeting Date
2tJ
5/14/91
Street DIF Project Administration
2% Street DIF Program Support
Capitalized Interest
Developer Contribution
Subtotal Incidental s
4,000
130,805
110,368
(63,075)
$1,467,741
165,967
829,837
$2,463,545
$8,298,367
80nd Discount (2%)
Reserve Fund (10%)
TOTAL INCIDENTAL EXPENSES
TOTAL ASSESSED TO DISTRICT
Otay Lakes Road Phase I is a part of the ci rcul at ion element of streets for
the Eastern Territories and as such, is also a part of the Eastern Territories
Transportation Development Impact Fee (DIF) program. It is proposed that the
DIF amount, currently $3,060 per equivalent dwelling unit (EDU), be utilized
as the method of spread i ng the cost of Otay Lakes Road Phase I to the 1 and
wi thi n the Assessment Di stri ct boundari es. With the bond issuance expenses
added to the DIF amount, the assessment is $3,655 per EDU. For those parcels
of land on which building permits were issued when the DIF was lower than it
is currently, the assessment will be the then current DIF plus bond issuance
expenses.
A drainage development impact fee has also been established for the Telegraph
Canyon Drainage Channel. That fee, which is currently $3,922 per acre, is the
bas is for drai nage assessment in a s imil ar manner to the Transportation DI F
descri bed above. The assessment per acre is $4,685 i ncl udi ng bond issuance
expenses. Parcels of land on which building permits were issued prior to the
establishment of the Drainage DIF will not be assessed unless EastLake
Development Company is the owner of the property and chooses to be assessed;
otherwise, they will absorb the drainage DIF costs. Only that portion of the
proposed Assessment Di stri ct with i n the Telegraph Canyon Drainage bas in wi 11
be assessed the Drainage DIF.
The assessments proposed for most of the parcels in the Di stri ct result in
appraised value-to-assessment ratios ranging from 1.7 to 2.96 to 1 when added
to previous Assessment District liens and the school Mello-Roos Districts.
Those parcels which are above the City policy level of 3:1 are parcels which
have buildings on them. The appraisal of the current value of the parcels is
based on vacant lots with only the public improvements in place. It is
reasonable to project that when buildings are constructed on the vacant lots,
the value-to-assessment ratio will meet or exceed the City's criteria. In the
interim, EastLake Development Company will provide a letter of credit to cover
all amounts which cause any parcel to exceed the City criteria prior to the
sale of bonds.
FISCAL IMPACT: EastLake Development Company has depos ited the one percent
Assessment District initiation charge of $82,984 with the City. That charge
will not be included as a cost of the district. All Assessment District costs
will be paid through the issuance of 1915 Act bonds.
WPC 5580E
DDS:AY073
2-0-3/ ).0--'
ORDER OF PROCEDURE
CITY OF CHULA VISTA
ASSESSMENT DISTRICT NO. 88-1
(OTAY LAKES ROAD, PHASE I
DATE OF PUBLIC HEARING:
MAY 14, 1991
PUBLIC HEARING
FOR CONSIDERATION:
HEARING REQUIRED PURSUANT TO THE "MUNICIPAL IMPROVEMENT
ACT OF 1913".
MAYOR:
Announce that this is the time and place fixed for the
public hearing on protests or objections to the Resolu-
tion of Intention, Engineer's "Report" and all other
matters relating to ASSESSMENT DISTRICT NO. 88-1 (OTAY
LAKES ROAD, PHASE I).
CITY CLERK:
Announce that notice of the Public Hearing has been given
in the manner and form as required by law and that a
Certificate of Compliance is on file certifying that
notice was given in the following ways:
Posting all public streets within
Mailing notice to property owners
Filing proposed boundary map
Recorder
Publication of Notice of improvement
the District
within the District
in Off ice of County
STAFF:
Explain purpose for Public Hearing.
Describe extent of works of improvement and boundaries
of Assessment District.
Present and summarize "Report".
Explain method and formula of assessment spread.
Make recommendation as to any modifications necessary
in the assessments or proceedings.
Report on number of protests (% of area) received and
announce that copies have been delivered to each
member of the legislative body.
END OF STAFF REPORT - OPEN FOR PUBLIC DISCUSSION
MAYOR:
ASK EACH SPEAKER TO IDENTIFY THEMSELVES AND THEIR
PROPERTY.
First, ask to hear from anyone who wishes to speak
against the improvement, the Assessment District, or the
method of spread.
Then, ask to hear from anyone who wishes to speak in
favor of the proceedings.
20-&/.
ORDER OF PROCEDURE
CITY OF CHULA VISTA
ASSESSMENT DISTRICT NO. 88-1
(OTAY LAKES ROAD, PHASE I)
PAGE TWO
DATE OF PUBLIC HEARING:
MAY 14, 1991
STAFF:
Report on final percentage of protests (% of area)
received.
Presentation of any proposed changes or modifications to
the Engineer's "Report" and the assessment roll.
CITY COUNCIL:
Discussion.
MAYOR:
Declare Public Hearing CLOSED.
IF THE LEGISLATIVE BODY WISHES TO PROCEED:
CITY COUNCIL:
Adopt RESOLUTION CONFIRMING ASSESSMENTS:
ordering the improvements, confirming the
approving the final Engineer's "Report".
Formal action
assessments and
CITY COUNCIL:
Adopt RESOLUTION AUTHORIZING BONDS TO BE SOLD AT PUBLIC
SALE: This Resolution authorizes the Financial Consul-
tant to call for sealed bids on bonds to finance the
improvements.
* * *
~o-s
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RESOLUTION NO.
,1,17'
RESOLUTION CONFIRMI.NG THE ASSESSMENT,
ORDERING THE IMPROVEI1ENTS MADE, TOGE-
THER WITH APPURTENANCES, AND APPROVING
THE ENGINEER' S "REPORT" IN ASSESSHENT
DISTRICT NO. 88-1 (OTAY LAKES ROAD,
PHASE I)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, has previously
adopted its Resolution of Intention and initiated proceedings for the installation
of certain public works of improvement, together with appurtenances and appurtenant
work, including acquisition where appropriate, in a special assessment district
pursuant to the terms and provisions of the "Municipal Improvement Act of 1913",
being Division 12 of the Streets and Highways Code of the State of California, said
special assessment district known and designated as ASSESSMENT DISTRICT NO. 88-1
(OTAY LAKES ROAD, PHASE I) (hereinafter referred to as the "Assessment District");
and,
WHEREAS, pursuant to said Resolution of Intention, a "Report", as therein provided,
was presented, considered and approved; and,
WHEREAS, said "Report", as preliminarily approved, contained all the matters and
items called for by law and as pursuant to the provisions of said "Municipal Improve-
ment Act of 1913", including the following:
1. Plans and specifications of the proposed improvements;
2. Estimate of cost;
3. Diagram of Assessment District;
4. An assessment according to benefits;
5. A description of the works of improvement; and,
WHEREAS, all protests have been heard and considered, and a full hearing has been
given, all in the manner provided by law; and,
WHEREAS, notices of said hearing were duly and regularly posted, mailed and
published in the time, form and manner required by law and as evidenced by affida-
vits on file with the transcript of these proceedings; and,
WHEREAS, the owners of one-half (1/2) of the area assessed for the cost of the
project did not file written protests against the said proposed improvements and
acquisition where appropriate, and this legislative body did, after providing a full
hearing, overrule and deny all protests and objections; and,
WHEREAS, this legislative body is now satisfied with the assessment and all matters
contained in the "Report" as now updated and submitted.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
RECITALS
SECTION 1.
That the above recitals are all true and correct.
2 ()-IP
SECTION 2.
SECTION 3.
SECTION 4.
SECTION 5.
SECTION 6.
PROTESTS
That all protests and objections. of every ki.nd and nature be, and the
same hereby are, overruled and denied, and it is further determined
that said protests and objections are made by the owners of less than
one-half of the area of property to be assessed for said improvements
within said Assessment District.
BENEFITS RECEIVED
That it is hereby determined that all properties within the boundaries
of the Assessment District receive a local and direct benefit from the
works of improvement as proposed for said Assessment District, and it
is hereby further determined and declared that all assessable costs and
expenses have been apportioned and spread over the properties within
the boundaries of the Assessment District in direct proportion to the
benefits received thereby.
PUBLIC INTEREST AND CONVENIENCE
That the public interest and convenience require the proposed improve-
ments to be made, and therefore it is hereby ordered that the work to
be done and improvements to be made, together with appurtenances and
appurtenant work in connection therewith, including acquisition where
appropriate, in said Assessment District, as set forth in the Resolu-
tion of Intention previously adopted and as set forth in the "Report"
presented and considered, and as now submitted.
CONFIRMATION OF ASSESSMENT
That the "Report", as now updated and submitted, consisting of the
assessment and diagram for the improvements, together with appurte-
nances and appurtenant work in connection therewith, including acquisi-
tion where appropriate, is hereby confirmed.
The assessments contained in the final Engineer'S "Report" are hereby
levied and approved as follows:
A. The final assessments to represent the costs and expenses to
finance the public works of improvement, as authorized for these
proceedings.
B. The annual assessment to pay for administrative costs in an amount
not to exceed the maximum annual assessment as set forth in said
"Report" .
RECORDATION OF ASSESSMENT
That the City Clerk shall forthwith deliver to the Superintendent of
Streets the said assessment, together with the diagram attached thereto
and made a part thereof, as confirmed, with his certificate of such
confirmation attached and the date thereof; and that said Superinten-
dent of Streets shall then immediately record said diagram and assess-
ment in his Office in a suitable book to be kept for that purpose and
attach thereto his certificate of the date of such recording.
7-0-;
SECTION 7.
SECTION 8.
SECTION 9.
COUNTY RECORDER NOTICE
Upon confirmation of the assessments and recordation of the assessment
roll and diagram, a certified copy of the assessment diagram shall be
immediately filed in the. Office of the County Recorder. Immediately
thereafter, a copy of the notice of assessment shall be recorded in the
Office of the County Recorder in the manner and form as Bet forth by
law and specifically Section 3114 of the Streets and Highways Code of
the State of California.
MAILED NOTICE
That said City Clerk, upon the recording of said diagram and assess-
ment, shall mail to each owner of real property within the Assessment
District at his last known address, as the same appears on the tax
rolls of the County or on file in the Office of the City Clerk, or to
both addresses if said address is not the same, or to General Delivery
when no address so appears, a statement containing a designation by
street number or other description of the property assessed sufficient
to enable the owner to identify the same, the amount of the assessment,
the time and place of payment thereof, the effect of failure to pay
within such time, and a statement of the fact that bonds will be issued
on unpaid assessments pursuant to the "Improvement Bond Act of 1915".
PUBLICATION
That said City Clerk shall also give notice by publishing a copy of a
notice of recording of assessment in the newspaper previously selected
to publish all notices as provided by law, giving notice that said
assessment has been recorded in the Office of the Superintendent of
Streets, and that all sums assessed thereon are due and payable
immediately, and that the payment of said sums is to be made within
thirty (30) days after the date of recording the assessment, which date
shall be so stated in said notice, and of the fact that securities will
be issued upon unpaid assessments.
ASSESSMENT COLLECTION
SECTION 10. The County Auditor is hereby authorized and directed, in accordance
with the provisions of Section 8682 of the Streets and Highways Code of
the State of California, to enter into his assessment roll on which
property taxes will next become due, opposite each lot or parcel of
land affected, in a space marked "public improvement assessment" or by
other suitable designation, the next and several installments of such
assessment coming due during the ensuing fiscal year covered by the
assessment roll and that said entry then shall be made each year during
the life of the bonds for the proceedings for the above-referenced
Assessment District. This authorization is continual until all assess-
ment obligations have been discharged and the bonds terminated.
As an alternate, and when determined to be in the best interests for
bondholders of the Assessment District, this legislative body may, by
Resolution, designate an official other than the County Tax Collector
and/or other agent, to collect and maintain records of the collection
of the assessments, including a procedure other than the normal
property tax collection procedure.
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SECTION 11. In accordance with the provisions of Section 8685 of the Streets and
Highways Code, if any lot or parcel of land affected by any assessment
is not separately assessed on the tax roll so that the installment of
the assessment to be collecte<;l can be conveniently entered thereon,
then the Auditor shall enter on the roll a description of the lot or
parcel affected, with the name of the owners, if known, but otherwise
the owners may be described as "unknown owners", and extend the proper
installment opposite the same.
ASSESSMENT VERIFICATION STATEMENT
SECTION 12. The County Auditor shall, within 90 days after any special assessment
installment becomes delinquent, render and submit a detailed report
showing the amounts of the installments, interest, penalties and
percentages so collected, for the preceding term and installment date,
and from what property collected, and further identify any properties
which are delinquent and the amount and length of time for said delin-
quency, and further set forth a statement of percentages retained for
the expenses of making such collections. This request is specifically
made to the authorization of section 8683 of the Streets and Highways
Code of the State of California.
ASSESSMENT DISTRICT FUNDS
SECTION 13. The Treasurer is hereby authorized at this time, if not previously
done, to establish the following funds as necessary for the payment of
costs and expenses and administration of the proceedings for this
Assessment District:
A. IMPROVEMENT FUND: All monies received from cash collection,
proceeds from the sale of bonds and applicable contributions shall
be placed into the Improvement Fund.
B.
RESERVE FUND:
delinquencies
All monies as designated to assist in the payment of
shall be placed into the Reserve Fund.
C. REDEMPTION FUND: All monies received from the payment of assess-
ments shall be placed in the Redemption Fund.
For particulars as to the administration and handling of the Funds, the
specific terms and conditions shall be set forth in the Bond Indenture
and approved through the Resolution Authorizing the Issuance of Bonds.
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this day of , 1991, by the following vote:
2.0-Cf
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AYES: Councilmembers:
NOES: Councilmembere:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
ATTEST:
Beverly A. Authelet, city Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
ss.
Mayor, Pro-Tern
I, Beverly A. Authelet, City Clerk of the City of
certify that the foregoing Resolution No.
adopted by the City Council held on the
Chula Vista, California, do hereby
was duly passed, approved, and
, 1991.
Executed this
day of
, 1991.
day of
Beverly A. Authelet, City Clerk
-z, O-/D
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RESOLUTION NO. ~
RESOLUTION AUTHORIZING CERTAIN ASSESSMENT
DISTRICT BONDS TO BE SO~D AT A PUBLIC SALE
AND DIRECTING A .CALL FOR SEALED BIDS IN
ASSESSMENT DISTRICT NO. 88-1 (OTAY LAKES
ROAD, PHASE I)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, has previously
initiated proceedings pursuant to the provisions of the "Municipal Improvement Act
of 1913", being Division 12 of the Streets and Highways Code of the State of
California, and declared its intention to issue bonds pursuant to the provisions of
the "Improvement Bond Act of 1915", being Division 10 of said Code, in a special
assessment district known and designated as ASSESSMENT DISTRICT NO. 88-1 (OTAY LAKES
ROAD, PHASE I) (hereinafter referred to as the "Assessment District"); and,
WHEREAS, at this time this legislative body is desirous to proceed to authorize that
said bonds shall be sold on sealed proposals to the highest bidder, all in the form
as authorized by law.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That this legislative body does hereby call for sealed bids through a
competitive sale for bonds to be issued to represent unpaid assessments
within the Assessment District, said bonds to be issued in the form and
provisions of the "Improvement Bond Act of 1915", being Division 10 of
the Streets and Highways Code of the State of California.
SECTION 3. That the interest rate on said bonds shall not exceed the current legal
maximum interest rate of 12' per annum, and said bonds shall be subject
to all of the terms and provisions relating to bonds as set forth in the
"Improvement Bond Act of 1915", and further as set forth in the Resolu-
tion of Intention for these proceedings.
SECTION 4. That the designated Financial Consultant, KADIE-JENSEN, JOHNSON &
BODNAR, is hereby directed and authorized to proceed at this time to
call for sealed bids and solicit proposals for the sale of bonds to
represent all unpaid assessments on privately owned property within the
boundaries of the Assessment District.
SECTION 5. That there will be furnished the legal opinion of BROWN, HARPER, BURNS &
HENTSCHKE, Attorneys at Law, approving the validity of the proceedings
and the enforceability of said bonds.
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this day of , 1991, by the following vote:
7,0../1
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: councilmembers:
ABSTAIN: Councilmembers:
ATTEST:
Beverly A. Authelet, city Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
ss.
Mayor, Pro-Tern
I, Beverly A. Authelet, City Clerk of the City of
certify that the foregoing Resolution No.
adopted by the City Council held on the
Chula Vista, California, do hereby
was duly passed, approved, and
, 1991.
Executed this
day of
, 1991.
day of
Beverly A. Authelet, City Clerk
ZO-/Z,
, ,
COUNCIL AGENDA STATEMENT
Item
Meeting Date 6/20/89'
ITEM TITLE:
Resolution Approving a petition requesting the
formation of an assessment district for Otay Lakes Road
Phase I improvements :LJ~
Director of Public work~~~
City Manager (4/5ths Vote: Yes___No~)
SUBMITTED BY:
REVIEWED BY:
On January 12, 1988, City Council approved consultant contracts, a
reimbursement agreement and an acquisition/financing agreement for the
formati on of the Otay Lakes Road/Tel egraph Canyon Road Phase I Assessment
District. In order to proceed with the assessment district, EastLake
Development Company has submitted a petition for Council approval.
RECOMMENDATION: That Council adopt the resolution.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
In January 1988, the EastLake nevelopment Company reqllested the City to
initiate proceedings under the "I~unicipal Improvement Act of 1913" for the
financing of improvements to Otay Lakes Road/Telegraph Canyon Road from
Rutgers Avenue to the westerly EastLake Busi ness Center boundary and
conti nui ng through the EastLake Business Center on the northerly half of the
street.
In response to this request (Resolution Ho. 13406), the Council approved
different agreements with a team of consultants to proceed wi th the i ni ti al
study to form an assessment district on Otay Lakes Road between Rutgers Avenue
and the EastLake Business Center.
This proposed assessment district is an acquisition district similar to East
"H" Street Assessment District.
The area which is proposed to be assessed for the Otay Lakes Road Phase I
improvements is the EastLake Business Center. In other words, the public
improvements to be financed by this district are outside of the proposed
district. In accordance with the Municipal Improvement Act of 1913, this is
permissible as long as there is a specific nexus between the improvements and
the land to be assessed.
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Page 2, Item........
Meeting Date b/~U/tl~
Cass Construction Inc. has been retained by EastLake to construct the public
improvements including the drainage channel along Otay Lakes Road. This
contractor has been selected through the process of competitive bidding by
Eastlake.
The improvements include the street widening and appurtenant street work
including: water, drainage, and landscaping.
The total estimated cost of the street improvements is estimated at
S5,740,839, which includes a 15% contingency. The EastLake Development
Company is advancing all necessary funds to construct the facilities and will
be reimbursed from bond proceeds when the Assessment Di stri ct is brought to
completion, Work has commenced on the project and it is expected to be
completed this summer,
FISCAL IMPACT: None to the City. All costs will be paid by the EastLake
Development Company and/or the Assessment District.
WPC 4367E
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ASSESSMENT DISTRICT NO. 88-1
(ACQUISITION)
OT A Y LAKES ROAD PHASE I
AND
TELEGRAPH CANYON DRAINAGE CHANNEL SEGMENT 1
CITY OF CHULA VISTA
Mayor
(vacant)
City Council Members
David L. Malcolm
Jerry R. Rindone
City Staff
John D. Goss
John P. Lippitt
Bruce Boogaard
Cliff Swanson
Leonard M. Moore
Tim Nader
City Manager
Director of Public Works
City Attorney
City Engineer
Professional Services
Willdan Associates
Municipal Finance Administration
Brown, Harper, Burns & Hentschke
Kadie-Jensen, Johnson & Bodnar
Assessment Engineer
Project Management
Bond Counsel
Financing Consultant
prelimi~lfroVal by the City Council of the City of Chula Vista on the ,./<u, day of
.1991. ~f.11 f)dLg~
CIty lerk, CIty of Chula VIsta
Final approval and confirmation by the City Council of the City of Chula Vista on the
II44-l--day of Iv\~ ' 1 1. . '
JS5lJEROMEI36300.RP11Ma)' 6, 1991
City lerk, City of Chula Vista
;).O..f/5'"
X".~,' .~'__'_~~"~.=
Section
ASSESSMENT DISTRICT NO. 88-1
(ACQUISITION)
OT A Y LAKES ROAD PHASE I
AND
TELEGRAPH CANYON DRAINAGE CHANNEL SEGMENT 1
CITY OF CHULA VISTA
TABLE OF CONTENTS
Page
A Order of Procedure and Schedule of Events . . . . . . . . . . . . . . . . . . . . . . 1
B General Information .................................... 2
C Resolution of Intention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
D Engineer's Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12
Part I
Part II
Part III
(a)
(b)
(c)
(d)
Part IV
Part V
Part VI
Plans and Specifications . . . . . . . . . . . . . . . . . . . . . . . . .. 14
Improvement Costs and Expenses ... . . . . . . . . . . . . . . . .. 15
Assessment Roll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 18
Submittal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 18
Assessments Per APN . . . . . . . . . . . . . . . . . . . . . . . . . .. 21
Certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 22
Method and Formula of Assessment Spread . . . . . . . . . . . . .. 23
Diagram (Reduced) . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 32
Description of Work . . . . . . . . . . . . . . . . . . . . . . . . . . .. 35
Right-of-Way Certificate ......................... 37
Appendix
A - Acquisition Agreement
B - Actual Cost Information (Bound Separately)
JS5lJEROME\36300.RPnMay 6, 1991
dO -/w
SECTION A
ORDER OF PROCEDURE
AND
SCHEDULE OF EVENTS
ASSESSMENT DISTRICT NO. 88-1
Event
Date
1. Acquisition Agreement
April9, 1991
April 9, 1991
2. Adopt Boundary Map
3. Resolution of Intention
April 9, 1991
4. Presentation of Preliminary
Engineer's Report
April 9, 1991
5. Public Hearing
Confirmation of Assessments
May 14, 1991
JS5lJEROMEI36300.RPnMa)' 6, 1991
1
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SECTION B
GENERAL INFORMATION
ASSESSMENT DISTRICT 88-1
The Assessment District is proposed for the purpose of acquiring certain public improve-
ments under the Municipal Improvement Act of 1913. The general administration of this
District will be undertaken by the City of Chula Vista and all official actions will be made
by the City Council.
Following the public hearing to confirm the assessments, the property owner has thirty (30)
days in which to pay all or any portion of this assessment without interest or penalty. Each
property owner has the option of paying their total proportional share in cash, or by paying
each in installments through the issuance of assessment bonds. If the property owner elects
not to pay the assessment within the 30 day cash collection period, assessment bonds, in
the amount of the unpaid assessment, will be sold to cover the cost of the assessment. The
total cost may include, but is not limited to, such items as construction costs, design costs,
legal fees, various consultant fees, printing and publication charges, and costs of servicing
bonds.
The cost of the acquisition of these improvements and incidentals is assessed and spread
proportionally over every parcel of land within the District that has received an im-
provement or has benefitted by the improvement. The method of making the assessment
spread is in accordance with the benefits received. The level of benefit varies according
to land use and utilization of the improvements funded.
Additional information may be obtained by contacting the office of the Public Works
Director, John P. Lippitt.
JS5VEROMEI36300.RP11May 6. 1991
2
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SECTION C
RESOLUTION OF INTENTION
(Original on File at the Office of the City Clerk)
JS5l.JEROME\36300.RPnMay 6, 1991
3
~O...I'
RESOLUTION NO. 16128
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA, DECLARING INTENTION TO ORDER THE
INSTALLATION OF CERTAIN IMPROVEMENTS IN A PROPOSED
ASSESSMENT DISTRICT; ORDERING THE PREPARATION OF A REPORT
DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS
AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF
BONDS FOR ASSESSMENT DISTRICT NO. 88-1 (OTAY LAKES ROAD,
PHASE I)
THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The public interest and convenience require, and it is the
intention of this body, pursuant to the provisions of
Division 12 of the Streets and Highways Code of the State of
California (the "Municipal Improvement Act 1913"), to order
the installation of certain public improvements, together
with appurtenances and appurtenant work, in a special
assessment district known and designated as ASSESSMENT
DISTRICT NO. 88-1 (OTAY LAKES ROAD, PHASE 1) (hereinafter
referred to as the "Assessment District").
DESCRIPTION OF IMPROVEMENTS
A. The installation and financing of certain public
improvements described as street improvements,
consisting of grading, base, paving, curb, gutter,
sidewalk, street lighting, landscaping, utility
relocations, storm drains and drainage channel
improvements, together with appurtenance and appurtenant
work, to serve and benefit properties located within the
boundaries of the Assessment District.
B. Said streets, rights-of-way and easements shall be shown
upon the plans herein referred to and to be filed with
these proceedings.
C. All of said work and improvements are to be installed at
the places and in the particular locations, of the
forms, sizes, dimensions and materials, and at the
li nes, grades and el evati ons as shown and del ineated
upon the plans, profiles and specifications to be made
therefor, as hereinafter provided.
D. The description of the improvements and the termini of
the work contained in this Resolution are general in
nature. All items of work do not necessarily extend for
~o'J.O
Resolution No. 16128
Page 2
the full 1 ength of the descri pti on thereof. The plans
and profi 1 es of the work as conta i ned in the Engi neer 's
"Report" shall be controlling as to the correct and
detailed description thereof.
E. Whenever any public way is herein referred to as running
between two. public ways, or from or to any pUblic way,
the intersection of the public ways referred to are
inc1 uded to the extent that work shall be shown on the
plans to be done therein.
F. Notice is hereby given of the fact that in many cases
said work and improvement will bring the finished work
to a grade di fferent from that formerly exi sti ng, and
that to said extent, said grades are hereby changed and
said work will be done to said changed grades.
DESCRIPTION OF ASSESSMENT DISTRICT
SECTION 2. That said improvements and work are of direct benefit to the
properties and land within the Assessment District, and this
legislative body hereby makes the expenses of said work and
improvement chargeable .upon a district, which said
Assessment Di strict is hereby decl ared to be the Assessment
Di stri ct benefi ted by sai d work and improvements and to be
assessed to pay the costs and expenses thereof, i ncl uding
i nci dental expenses and costs and whi ch is descri bed as
foll ows:
All that certain territory in the District included
within the exterior boundary lines shown on the plat
exhibiting the property affected or benefited by or to
be assessed to pay the costs and expenses of said work
and improvements in the Assessment District, said map
titl ed and i denti fied as "PROPOSED BOUNDARIES OF
ASSESSMENT DISTRICT NO. 88-1 (OTAY LAKES ROAD, PHASE
I)", and whi ch map was heretofore approved and whi ch
said map or diagram is on file with the transcript of
these proceedi ngs, EXCEPTING therefrom the area shown
within and delineated upon said map or plat hereinabove
referred to, the area of all public streets, public
avenues, public lanes, public roads, public drives,
public courts, public alleys, and all easements and
rights-of-way therein contained belonging to the
public. For all particulars as to the boundaries of the
Assessment Di stri ct, reference is hereby made to sai d
boundary map heretofore previously approved and on file.
;;0 - ;}/
Resolution No. 16128
Page 3
REPORT OF ENGINEER
SECTION 3. That the proposed improvement is hereby referred to WILLDAN
ASSOCIATES, who is hereby directed to make and file a report
in writing containing the following:
A. Plans and specifications of the proposed improvements;
B. An estimate of the cost of the proposed works of
improvement, including the cost of the incidental
expenses in connection therewith;
C. A diagram showing the Assessment District above referred
to, which shall also show the boundaries and dimensions
of the respective subdivisions of land within said
Assessment District, as the same existed at the time of
the passage of the Resol ution of Intention, each of
which subdivisions shall be given a separate number upon
said Diagram;
D. A proposed assessment of the total amount of the
assessable costs and expenses of the proposed
improvement upon the several divisions of land in
proportion to. the estimated benefits to be received by
such subdivisions, respectively, from said improvement.
Said assessment shall refer to such subdivisions upon
said diagram by the respective numbers thereof;
E. The description of the works of improvement to be
installed under these proceedings, and acquisition,
where necessary;
When any porti on or percentage of the cost and expenses of
the improvements is to be paid from sources other than
assessments, the amount of such portion or percentage shall
first be deducted from the total estimated costs and
expenses of said work and improvements, and said assessment
shall incl ude only the reminder of the estimated costs and
expenses. Said assessment shall refer to said subdivisions
by their respective numbers as assigned pursuant to
Subsection 0 of this section.
11..:- r I -.~' ....... l ,'- . " T I"~' I" 1 ,II
"-'-. __." h_ BONDS" _.'__"_':"__:'_..
SECTION 4. Notice is hereby given that bonds to represent the unpaid
assessments, and bear interest at the rate of not to exceed
the current legal maximum rate of 12$ per annum, will be
issued hereunder in the manner provided in the "Improvement
~O'J;;
Resolution No. 16128
Page 4
Bond Act of 1915"" bei n9 Dhi si on 10 of the Streets and
Hi ghways Code -of the- State - of Cali forn i a, wh i ch bonds shall
mature a maximum of and not to exceed TWENTY-FOUR (24) YEARS
from the second day of September next succeeding twelve (12)
months from their date. The provisions of Part 11.1 of said
Act, providing an alternative procedure for the advance
payment of assessments and the calling of bonds shall apply.
The principal amount of the bonds maturing each year shall
be other than an amount equal to an even annual proportion
of the aggregate principal of the bonds, and the amount of
principal maturing in each year, plus the amount of interest
payable in that year, will be generally an aggregate amount
that is equal each year except for' the first year's
adjustment.
Pursuant to the provisions of the Streets and Highways Code
of the State of California, specifically Section 10603, the
Treasurer is hereby designated as the officer to collect and
recei ve the assessments duri ng the cash coll ecti on peri od.
Said bonds further shall be serviced by the Treasurer or
designated Paying Agent.
Refundi ng
Any bonds issued pursuant to these proceedings and Division
(a) may be refunded, (b) the interest rate on said bonds
shall not exceed the maximum interest rate as authorized for
these proceedings, and the number of years to maturity shall
not exceed the maximum number as authorized for these bonds
unless a public hearing is expressly held as authorized
pursuant to said Division 11.5, and (c) any adjustments in
assessments resulting from any refundings will be done on a
pro-rata basis.
Any authorized refunding shall be pursuant to the above
conditions, and pursuant to the provisions and restrictions
of Di vi si on 11. 5 of the Streets and Hi ghways Code of the
State of California, commencing with Section 9500, all all
further conditions shall be set forth in the Bond Indenture
to be approved prior to any issuance of bonds.
"MUNICIPAL IMPROVEMENT ACT OF 1913"
SECTION 5. That except as herein otherwise provided for the issuance of
bonds, all of said improvements shall be made and ordered
pursuant to the provisions of the "Municipal Improvement Act
of 1913", being Division 12 of the Streets and Highways Code
of the State of California.
~o -~.3
Resolution No. 16128
Page 5
SURPLUS FUNDS
SECTION 6. That if any excess shall be realized from the assessment, it
shall be used. in such amounts as the legislative body may
determine, in accordance with the provisions of law for one
or more of the following purposes:
A. Transfer to the general fund; provi ded that the amount
of any such transfer shall not exceed the lesser of One
Thousand Dollars ($1,000.00) or five percent (5%) of the
total from the Improvement Fund;
8. As a credi t upon the assessment and any suppl emental
assessment; ,or '
C. For the maintenance of the improvement.
SPECIAL FUND
SECTION 7. The legislative ': body hereby established a special
improvement fund identified and desi gnated by the name of
this Assessment District, and into said Fund monies may be
transferred at any time to expedite the making of the
improvements herein authorized, and any such advancement of
funds is a loan and shall be repaid out of the proceeds of
the sale of bonds as authorized by law.
PRIVATE CONTRACT
SECTION 8. Notice is herelly'.9fven",that the public interest will not be
served by all owi ng the property owners to take the contract
for the installation of the improvements, and that, as
authorized by law, no notice of award of contract shall be
published.
GRADES
SECTION 9. That notice is hereby given that the grade to which the work
sha 11 be done is to be shown on the plans and profi 1 es
therefor, which grade may vary from the existing grades.
The work herein contemplated shall be done to the grades as
indicated on the plans and specifications, to which
reference is made for a description of the grade at which
the work is to be done. Any objections or protests to the
proposed grade shall be made at the publ ic hearing to be
conducted under these proceedings.
~O-;)~
Resolution No. 16128
Page 6
PROCEEDINGS INQUIRIES
SECTION 10. For any and all information relating to these proceedings,
inc1 udi ng informati on re1 ati ng to protest procedure, your
attention is directed to the person designated below:
JOHN P. LIPPITT, PUBLIC WORKS DIRECTOR
CITY OF CHULA VISTA
P. O. BOX 1087
CHULA VISTA, CA 91912
TELEPHONE: (619) 691-5021
PUBLIC PROPERTY
SECTION 11. All public property is the use and performance of a public
function shall be omitted from assessment in these
proceedings unless expressly provided and listed herein.
I'"
ACQUISITION
SECTION 12. That the public interest, convenience and necessity requires
that certain land, rights-of-way or easements be obtained in
order to allow the works of improvement as proposed for this
Assessment District to be accomplished. For a general
description of the location and extent of the easements or
land necessary to be acquired, reference is hereby made to
maps on file with the transcript of these proceedings.
, . '. --', .y.
NO CITY LIABILITY
SECTION 13. This legislative body hereby further declares not to
obligate itself to advance available funds from the Treasury
to cure any defi ci ency whi ch may occur in the bond
redemption fund. This determination is made pursuant to the
authority of Section 8769(b) of the Streets and Highways
Code of the State of California, and said determination
sha 11 further be set - forth in the text of the bonds issued
pursuant to the II Improvement Bond Act of 1915'~.
PETITION
SECTION 14. That a petiti on si gned by property owners representi ng more
than 60% in area of the property subject to assessment for
said improvement has been signed and filed with the
legislative body, and said written petition expressly
~O"'~S
.'
Resolution No. 16128
Page 7
contains a waiver of any of the proceedings and limitations
as set forth under Divi si on 4 of the Streets and Hi ghways
Code of the State of California, the "Special Assessment
Investigation, Limitation and Majority Protest Act of 1931".
WORK ON PRIVATE PROPERTY
SECTION 15. It is hereby further determined to be in the best public
interest and convenience and more economical to do certain
work on private property to eliminate any disparity in level
or size between the improvements and the private property.
The actual cost. of such work is to be added to the
assessment on the lot on which the work is done, and no work
of this nature is to be performed until the written consent
of the property owner is first obtained.
ANNUAL ADMINISTRATIVE ASSESSMENT
SECTION 16. It is hereby declared that this legislative bOdy proposes to
1 evy an annual assessment pursuant to Secti on 10204 of the
Streets and Highways Code of the State of California, said
annual assessment to pay costs incurred by the City and not
otherwi se reimbursed whi ch result from the admini strati on
and collection of assessment or from the administration or
regul ati on of any associ ated bonds and reserve of other
related funds.
Presented by
~/~
f; n . Lit, t
irector of Public Works
~o-~1tI
Resolution No. 16128
Page 8
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chu1a
Vista, California, this 9th day of April, 1991 by the following vote:
AYES: Councilmembers: Moore, Nader, Rindone
NOES: Counci1members: None
ABSENT:
ABSTAIN:
Counci1members: Malcolm
Councilmembers: None
~l (M ,UtdN
Leonard M. Moore
Mayor, Pro-Tempore
ATTEST:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
)
)
)
ss.
I, Beverly A. Authe1et, City Clerk of the City of Chu1a Vista, California, do
hereby certify that the foregoing Resolution No. 16128 was duly passed,
approved, and adopted by the City Council he1 d .on the 9th -day of April, 1991.
Executed this 9th day of April, 1991.
;;0 -J 1-
SECTION D
ENGINEER'S REPORT
PURSUANT TO THE PROVISIONS
OF SECTION 10204 OF
THE STREETS AND HIGHWAYS CODE
Pursuant to the provisions of the "Municipal Improvement Act of 1913", being Division
12 of the Streets and Highways Code of the State of California and in accordance with the
Resolution of Intention No. 16128, adopted by the City Council of the
CITY OF CHULA VISTA
(hereinafter referred to as the "CITY"), in connection with the proceedings for
ASSESSMENT DISTRICT NO. 88-1
(OT A Y LAKES ROAD PHASE I)
(TELEGRAPH CANYON DRAINAGE CHANNEL SEGMENT 1)
(hereinafter referred to as the "Assessment District"), I, John P. Lippitt submit herewith
the Report for the Assessment District, consisting of six (6) parts as follows:
PART I
Plans and specifications for the improvements to be acquired are filed herewith and made
a part hereof. Said plans and specifications are on file in the Offices of the City Clerk and
the Superintendent of Streets.
PART II
The estimated cost of the improvements to be acquired, including incidental costs and
expenses in connection therewith, is set forth on the lists thereof, attached hereto, and are
on file in the Office of the City Clerk.
PART III
A proposed assessment of the total amount of the costs and expenses of the improvements
upon the several subdivisions of land within the assessment district, in proportion to the
estimated benefits to be received by such subdivisions, from said improvements, is set forth
upon the assessment roll filed herewith and made a part hereof.
JS5VEROME\36300.RPTlMay 6, 1991
12
JO ....;;K
.
.
.
.
PART IV
III
.
A Diagram showing the assessment district and the boundaries of the subdivision of land
within said assessment district, as the same existed at the time of the passage of the
Resolution of Intention is filed herewith and made a part hereof.
III
.
PART V
II
.
Description of the work for the improvements are filed herewith and made a part hereof.
Description of all rights-of-way, easements and lands to be acquired, if necessary, is set
forth on the lists thereof and are on file in the Office of the City Clerk.
,.
II
PART VI
,.
II
The Assessment Engineer's Certificate stating that the right-of-way associated with the
improvements to be acquired by the City will be transferred to the City by easement or
other means.
II
II
II
II
This Preliminary Report dated this 9th day of April, 1991.
..
U
-M/ti . /
ohn P. Lippitt ~
Superintendent of Streets
City of Chula Vista
..
U
'"
III
This Final Report dated this 14th day of ~, 1991.
..
..
J n P. Lippitt
perintendent of Streets
City of Chula Vista
-...
"
l1li
..
III
..
III
..
III
.J
II
..
..
JS5\JEROMEI36JOO.RP11Muy 6, /99/
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PART I
PLANS AND SPECIFICA nONS
ASSESSMENT DISTRICT NO. 88-1
Plans and specifications for the improvements to be acquired are filed herewith and made
a part hereof. Said plans and specifications shall be on file in the offices of the City Clerk
and the Superintendent of Streets.
JS5\JEROMEI36300.RPnMay 6, 1991
14
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PART II
IMPROVEMENT COSTS AND EXPENSES
ASSESSMENT DISTRICT NO. 88-1
Preliminary Confirmed
A. ACQUISITION CONSTRUCTION
COSTS
Telegraph Canyon Drainage Channel $ 230,735 $230,735
Less Channel Credit to Developer - 242 0
Otay Lakes Road
(Rutgers to EastLake Boundary) 4,940,250 4,770,911
Otay Lakes Road
(North portion near Business Center) 833.176 833.176
TOTAL CONSTRUCTION $ 6,003,919 $5,834,822
B. INCIDENTALS (See Next Page) $ 2,701,280 $2,463,545
C. TOTAL PROJECT COST $ 8,705,199 $8,298,367
JS511EROME136300.RP1\May 7, 1991
15
~o"31
PART II (Continued)
Preliminary Confirmed
INCIDENTAL EXPENSES
I. Project Management $ 20,000 $ 20,000
2. Assessment Engineering 55,000 55,000
3. Design Engineering, Survey & Staking 547,091 547,091
4. Construction Management 11,925 11,925
5. Bond Counsel 50,000 50,000
6. Financial Consultant 60,500 60,500
7. Landscape Design 62,083 62,083
8. Utility Engineering 14,101 14,101
9. Plan Check & Inspection Fees 206,979 208,930
10. Public Agency Project Management 50,000 22,300
II. Legal Fees (right-of-way) 41,852 41,852
]2. Special Studies Engineering 43,184 43,184
13. Soils Engineering 1 ]6,440 116,440
14. Printing, Advertising, Posting of Public
Hearing Notices 3,000 3,000
15. Bond Printing, Servicing & Registration ]0,000 10,000
16. Miscellaneous ]4,622 14,622
17. 2 % City Administration for Channel DIF 4,615 4,615
18. 2 % Street DIF Project Administration 115,468 4,000
]9. 2 % Street DIF Program Support 142,744 130,805
20. Capitalized Interest 0 ]]0,368
21. Deve]oper Contribution 0 (63.075)
Subtotal Incidentals $ 1,569,604 $1,467,741
22. Bond Discount (3%)(2%)* 261,156 165,967
23. Reserve Fund (10%) 870.520 829.837
(See Next Page)
TOTAL INCIDENTAL EXPENSES $ 2,70],280 $2,463,545
* Bond discount is calculated at 3% for preliminary expense and at 2% for confirmed
expense.
JS5VEROME\36300.RP1Way 7. 1991
16
.) () -3:1
PART II (Continued)
CALCULATION OF BOND DISCOUNT AND RESERVE FUND
Preliminary Confirmed
A. Acquisition Construction Cost $ 6,003,919 $5,834,822
B. Incidental Subtotal without Bond
Discount and Reserve Fund 1.569.604 1.467.741
Subtotal $ 7,573,523 $7,302,563
Bond Discount (3%)(2%)* 261,156 165,967
Reserve Fund (10%) 870.520 829.837
Total Discount and Reserve Fund $ 1,131,676 $ 995,804
TOTAL TO ASSESSMENT $ 8,705,199 $8,298,367
* Bond discount is calculated at 3 % for preliminary expense and at 2 % for confirmed
expense.
JS5VEROME\J6300.RPnMuy 7, 1991
17
~ 0 - 33
PART III
ASSESSMENT ROLL
ASSESSMENT DISTRICT NO. 88-1
PART III (a)
SUBMITTAL
MUNICIPAL IMPROVEMENT ACT OF 1913,
DIVISION 12 OF THE STREETS AND HIGHWAYS CODES
OF THE STATE OF CALIFORNIA
WHEREAS, on April 9, 1991, the City Council did, pursuant to the provisions of the
"Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways
Code of the State of California, adopt Resolution of Intention No. 16128 for the acquisition
of certain public improvements, together with appurtenances and appurtenant work in
connection therewith in a special assessment district known and designated as
ASSESSMENT DISTRICT NO. 88-1
OT A Y LAKES ROAD PHASE I
TELEGRAPH CANYON DRAINAGE CHANNEL SEGMENT 1
(Hereinafter referred to as the "Assessment District"); and,
WHEREAS, said Resolution of Intention, as required by law, did direct the appointed
Superintendent of Streets to make and file a report consisting of the following:
1) Plans and specifications;
2) Estimated cost of improvements;
3) A proposed assessment of the costs and expenses of the works of improvement
levied upon the parcels and lots of land within the boundaries of the assessment
district;
4) Assessment diagram showing the assessment district and the subdivisions of
land contained herein;
5) A description of the public improvements to be acquired;
For particulars, reference is made to the Resolution of Intention as adopted by the City
Council.
JS5\JEROMEI36300.RPTWa)' 6. 1991
18
;;0 - 3 If
NOW THEREFORE, I, John P. Lippitt, as appointed Superintendent of Streets, and
pursuant to the "Municipal Improvement Act of 1913" do herein submit the following:
1. I, pursuant to the provisions of law and the Reso]ution of Intention, have assessed the
costs and expenses of the works of improvement to be performed in the Assessment
District upon the parcels of land in the Assessment District benefitted thereby in
direct proportion and relation to the estimated benefits to be received by each of said
parcels. For particulars of the identification of said parcels, reference is made to the
Assessment Diagram.
2. As required by law, a Diagram is herein included, showing the Assessment District
as well as the boundaries of the respective parcels and subdivisions of land within
said district as the same existed at the time of the passage of said Reso]ution of
Intention, each of which subdivisions of land or parcels or lots respectively have been
given a separate number upon said Diagram and in said Assessment Roll.
3. The subdivisions and parcels of land and the numbers therein as shown on the
respective Assessment Diagram as included herein correspond with the numbers as
appearing on the Assessment Roll as contained herein.
4. NOTICE IS HEREBY GIVEN that bonds will be issued in accordance with Division
10 of the Streets and Highways Code of the State of California (the "Improvement
Bond Act of 1915"), to represent all unpaid assessments, and the last installment of
said bonds shall mature a maximum of TWENTY-FOUR (24) YEARS from the 2nd
day of September next succeeding twelve (12) months from their date. Said bonds
shall bear interest at a rate not to exceed the current legal maximum rate of 12% per
annum.
5. By virtue of the authority contained in said "Municipal Improvement Act of 1913",
and by further direction and order of the City Council, I hereby make the following
assessment to cover the costs and expenses of the works of improvement for the
Assessment District based on the costs and expenses set forth as follows:
Preliminary
Confirmed
Amount to Assessment
8,705,199
$5,834,822
2,463,545
8,298,367
Acquisition Construction Costs
$ 6,003,919
2,70],280
Incidental Costs & Expenses
For particulars as to the individual assessments and their descriptions, reference is
made to the Assessment Roll attached hereto.
6. In addition to or as a part of the assessment lien levied against each parcel of land
within the Assessment District, each parcel of land shall also be subject to an annual
JS5VEROME\J6300.RPT1May 7. 1991
]9
~() ....3.5
..
r
assessment to pay costs incurred by the City and not otherwise reimbursed which
result from the administration and collection of assessments or from the administra-
tion or registration of any bonds and/or reserve or other related funds. The
maximum amount of such annual assessment upon each such parcel of land shall not
exceed 5 % of the amount of the annual assessment installment.
r
r
r
7. All costs and expenses of the works of improvement have been assessed to all parcels
of land within the Assessment District in a manner which is more clearly defined in
the "Method and Formula of Assessment Spread" , which is a part of this Assessment
Roll.
r
The preliminary report dated: April 9, 1991 By:
~
r
r
The final report dated: May 14, 1991
By:
-'
r
,r
John P. Llppit
Superintendent of Streets
City of Chula Vista
State of California
r
r
r
r
Ir
II'
II'
If
"
JS5VEROME\36JOO.RPT\May 6. /99/
20
~D --3 ~
PART III (b)
I ASSESSMENTS PER APN I
ASSESSMENT ASSESSOR PRELIMINARY CONFIRMED
NUMBER PARCEL NUMBER ASSESSMENT ASSESSMENT
1 595-232-10 345,672 345,672
2 595-232-11 85,390 85,390
3 595-231-27 236,807 236,807
4 595-231-28 183,630 183,630
5 595-231-32 291,511 291,511
6 595-231-31 229,936 229,936
7 595-231-24 352,405 352,405
8 595-231-21 119,464 119,464
9 595-231-15 236,730 236,730
10 595-231-14 312,664 312,664
11 595-231-13 335,892 335,892
12 595-231-12 477,964 477,964
13 595-231-33 399,365 399,365
14 595-231-34 179,125 179,125
15 595-231-09 176,759 176,759
16 595-231-08 173,989 173,989
17 595-231-06 199,749 199,749
18 595-231-05 205,439 205,439
19 595-231-02 128,951 128,951
20 595-231-01 126,178 126,178
21 595-232-05 122,629 122,629
22 595-232-08 195,405 195,405
23 595-232-07 165,772 165,772
24 595-300-01 155,343 0
25 595-300-02 164,270 0
26 595-232-12 568,224 568,224
27 595-232-13 730,970 730,970
28 595-232-14 609,897 609,897
29 595-070-24 1,195,068 1,107,849
TOTAL $8,705,199 $8,298,367
JS5\JEROME\36JOO.RP1Way 7, /99/
21
~() "'3 r
It
It
PART III (c)
,.
CERTIFICATES
."
I, Beverly A. Authelet, as City Clerk, do hereby certify that the foregoing assessment,
together with the diagram attached thereto, was filed. in my office on the IC"u,.. day of
iv\~1 1991.
.,
.,.
CfZ1R,{ t t~Jl.gR
City lerk
City of Chula Vista
State of California
t'
.,
f'
I, Beverly A. Authelet, as City Clerk, do hereby certify that the foregoing assessment,
together with the diagram attached thereto, was approved and confirmed by the City
Council of the City of Chula Vista on the ~ day of tJ\4 1991.
r
r
~i t UMf-f!rf,
City of Chula Vista
State of California
r
r
,
I, John P. Lippitt, as Superintendent of Streets of said City, do hereby certify that the
foregoing assessments, together with the diagram attached thereto, was recorded in my
office on the \e,,4h day of MOM 1991.
\
,
,
- .
,
uperintendent of !reets
City of Chula Vista
State of California
f
rI
JS5\lEROMEIJ6JOO.RP7Way 6, 1991
22
;Jo,3g'
-= - ,~>""'. -~_..,.
~".-~ -.
PART III (d)
METHOD AND FORMULA OF ASSESSMENT SPREAD
The law requires and the statutes provide that assessments, as levied pursuant to the
provisions of the "Municipal Improvement Act of 1913", must be based on the benefit that
the properties receive from the works of improvement. The statute does not specify the
method or formula that should be used in any special assessment district proceedings. This
responsibility rests with the Assessment Engineer, who is retained for the purpose of
making an analysis of the facts in determining the correct apportionment of the assessment
obligation. For these proceedings, the City has retained the services of Willdan Associates.
The Assessment Engineer makes his recommendation at the public hearing on the
Assessment District, and the final authority and action rests with the City Council after
hearing all testimony and evidence presented at the public hearing. Upon the conclusion
of the public hearing, the City Council must take the final action in determining whether
or not the assessment spread has been made in direct proportion to the benefits received.
First, it is necessary to identify the benefit that the public improvements will render to the
properties within the boundaries of the assessment district. The overall benefit derived by
the properties within the proposed boundary of the assessment district is the construction
of the public improvements which will enable the properties to develop.
Developments within the EastLake Development Company property participating in the
costs of the improvements, in whole or in part, are the properties commonly referred to as
the EastLake Business Center Phase I, and the EastLake Village Center. Land uses include
commercial, industrial, public, quasi-public and office professional.
Not all of the parcels or lots within the assessment district boundary are included in the
district. In the EastLake Business Center, lots 8, 9, 11, 12, 13, 14, 15,26,27, 30, 31,
32, 36, 37, 38, 39, and 40 are not a part of the district by virtue of the fact that these lots
are developed and have satisfied their street and drainage fee obligation by either having
paid the fee at building permit issuance or by using fee credits accrued to EastLake
Development Company for the construction of other projects that are not a part of this
improvement acquisition.
The spread methodology is based upon apportioning the three cost items listed below which
are discussed on the following pages.
A. Street improvements
B. Channel improvements
C. Incidentals
Diagram I shows the location of the improvements installed by EastLake Development
Company and acquired by this district.
JS5'JEROME\36300.RPnMay 6. 1991
23
;10 ,3'
IMPROVEMENT LOCATIONS
ASSESSMENT DISTRICT 88= 1
\.._u~..,
~ ..
..-..-..-
;a;;iiJlliiJll;;;;;~a DRAINAGE CHANNEL
\Kl
I
N
I
NOT TO SCALE
~ OTAY LAKES ROAD IMPROVEMENTS
\"oW7 WILLDAN ASSOCIATES
\AI COII'\L1ING INQIlIUI MIl PL..UN:U
~(J-'10
A. Street Imorovements EIil!ibJe for DeveJooment Imoact Fee Credit
It is proposed that Otay Lakes Road improvements be financed by an assessment
district against parcels which receive a special benefit from the street improvements.
The amount of the assessment against each parcel is directly related to the average
daily traffic generation expressed in e{J.uivalent dwelling units as indicated in Section
4 of the Eastern Area Development Impact Fee for Streets (DIF) report dated
November 19, 1990. Justification of the need for these improvements is contained
in the development project's Environmental Impact Report, tract map conditions and
the Transportation Phasing Plan for the eastern territories.
Upon completion, Otay Lakes Road from Rutgers Avenue east approximately 4,400
feet to the western boundary of the EastLake Business Center will be a six lane major
arterial within a 134 foot right-of-way. It is one of a number of major streets
re{J.uired to be widened or constructed to provide a circulation system which will
accept the cumulative number of trips generated by new development in the eastern
area of the City of Chula Vista. Through the construction of this street, another link
in the overall major street network is completed, thereby providing additional
capacity in the overall circulation network.
The south portion of Otay Lakes Road was funded by Assessment District 85-2 while
the north portion is to be acquired by these assessment district proceedings.
Otay Lakes Road together with these other major streets is included within the City's
Development Impact Fee program for financing the major circulation element streets
in the eastern area. The benefit to property is that, through each property's
participation, it attains its share of capacity in the eastern area circulation street
system. Since Otay Lakes Road is a part of this program, the same methodology
used in the formulation of the Street DIF program can be used here. Therefore, the
assessment levy against each parcel e{J.uals the Development Impact Fee for a
particular land use and parcel size. The Street DIF Report also contains provisions
(see Section 5) for the advance construction of DIF eligible improvements by an
owner/developer.
Table 1 identifies the construction and incidental expenses eligible for Development
Impact Fee credit. The dollar amounts listed for the Development Impact Fee Credit
were divided by the DIF value of $3,060 per EDU to obtain the total number of
EDU's eligible for DIF credit as shown on Table 2. These credits will be spread to
lots in the EastLake Business Center I as identified in Table 2, assessment numbers
1-28, except assessment numbers 24 and 25. Additional credits (297.09) will be
spread to the Village Center Commercial portion of parcel 29, APN 595-070-24, in
EastLake Business Center I. The resulting assessment will be reapportioned at the
time final maps are recorded.
The agreement addressing the improvements to be acquired by Assessment District
88-1 is contained in Appendix A of this Engineer's Report.
JS5VEROME\36300.RPnMay 7. 1991
25
~o .. ~/
B. Teleeraoh Canvon ChannellmDrovements Elieible for Develooment Imoact Fee
Credit
On August 7, 1990, the City of Chula Vista accepted the Telegraph Canyon Drainage
Plan dated June 6, 1990 and adopted Ordinance No. 2384, which established a
drainage fee of $3,922 per gross acre within the Telegraph Canyon Drainage Basin
east of Interstate 805. In accordance with Ordinance No. 2384, the fees collected
must be expended for the following purposes only:
a. To pay for the construction of facilities by the City, or to reimburse the City
for facilities installed by the City with funds from other resources;
b. To reimburse developers or subdividers of property who have installed all or
a portion of the Planned Local Drainage Facilities;
c. To repay indebtedness incurred by the City to construct the Planned Drainage
Facilities should the City Council determine to incur such indebtedness;
d. To reimburse the City for the cost of engineering and administrative services
to form the district, establish the fee, and construct the facilities.
The plan identifies $7,745,100 in channel improvements consisting of three segments
east of Interstate 805 and one segment downstream or west of Interstate 805.
Channel Segment 1, from Rutgers Road east approximately 4,450 feet to the western
boundary of the EastLake Business Center, totals $275,309 in construction costs,
contingencies, and incidentals as itemized in Table 3. This amount is eligible to be
funded by the assessment district.
Only those parcels and lots within the boundaries of the drainage basin are required
to pay the fee. Table 4 identifies the parcels within the basin and assessment district
boundaries that will either be assessed the channel fee in AD 88-1, or have satisfied
the channel obligation through fee payments or through EastLake Development
Company credits or will owe the channel fee in the future.
JS5VEROME136300,RPnMay 6, 1991
26
~() -'I~
Table I
I ELIGIBLE STREET DIF COSTS I
I Total Construction I 5,604,087 I
I INCIDENTALS I
Design Engineering Services 524,603
Plan Check, etc. 200,342
Legal Fees (right-of-way) 40,132
Special Studies Engineering 41,409
Soils Engineering 111,654
Miscellaneous 14,021
2 % Street DIF Project Administration 4,000
2 % Street DIF Program Support 130,805
I Subtotal Incidentals I 1,066,965 I
II TOTAL ELIGIBLE COSTS I $6,671,052 I
JSJ'JEROMEI36300.RP1Way 7, 1991
27
~ () - ~..3
Table 2
I OTAY LAKES ROAD PHASE I FEE CREDIT SUMMARY I
AsSESSMENT FINAL MAP ASSESSOR STREET 88-1
NUMBER LoT NUMBER PARCEL NUMBER ACRES DIF EDU's STREETDIF
1 1 595-232-10 4.728 94.56 289,354
2 2 595-232-11 1.254 25.08 71,478
3 3 595-231-27 2.997 59.94 183,416
4 4 595-231-28 2.324 46.48 142,229
5 5 595-231-32 4.281 85.62 244,017
6 6 595-231-31 3.145 62.90 192,474
7 7 595-231-24 4.460 89.20 272,952
8 10 595-231-21 1.634 32.68 100,001
9 16 595-231-15 2.996 59.92 183,355
10 17 595-231-14 3.957 79.14 242,168
11 18 595-231-13 4.251 85.02 260,161
12 19 595-231-12 6.049 120.98 370,199
13 20 595-231-33 5.397 107.94 307,629
14 21 595-231-34 2.267 45.34 138,740
15 22 595-231-09 2.237 44.74 136,904
16 23 595-231-08 2.202 44.04 134,762
17 24 595-231-06 2.528 50.56 154,714
18 25 595-231-05 2.600 52.00 159,120
19 28 595-231-02 1.632 32.64 99,878
20 29 595-231-01 1.853 37.06 105,621
21 33 595-232-05 1.552 31.04 94,982
22 34 595-232-08 2.473 49.46 151,348
23 35 595-232-07 2.098 41.96 128,398
24 38 595-300-01 1. 966 39.32 0
25 39 595-300-02 2.079 41.58 0
26 Note 2 595-232-12 3.886 155.44 475,646
27 Note 2 595-232-13 4.999 199.96 611,878
28 Note 2 595-232-14 4.171 166.84 510,530
29 Note 2 595-070-24 53.640 Note 3 909,097
TOTAL 139.66 1981.44 $6,671,052
Note 1:
Final Map Lot Numbers 2, 5, 20 and 29 were calculated at a DIF Fee rate of $2,850 per EDU,
which was the rate in effect at the time building permits were pulled. All other lots were
calculated at a Fee rate of $3,060 per EDU.
Note 2:
Assessment
Number
26
27
28
29
Final Map
Number
16341
16341
16341
13883
Final Map
Parcel Number
I
2
3
2
Remaining Portion
Note 3:
Additional future DIF to be paid by assessment number 29 at applicable rate. $909,097
is paid as part of Assessment District 88-1 which applies to 297.09 EDU's.
JSSVEROME\36300.RP11May 7. 1991
28
~o-I/tf
Table 3
I ELIGIBLE CHANNEL COSTS I
Total Construction 230,735
Design Engineering Services 22,488
Plan Check, etc. 8,588
Legal Fees (Right-of-Way) 1,720
Special studies Engineer 1,775
Soils Engineer 4,786
Miscellaneous 601
2 % City Administration for Channel 4,616
Subtotal Incidentals 44,574
TOTAL ELIGIBLE COSTS $275,309
JS5IJEROMEI36300.RPTiMay 6, 1991
29
,2 () - JI.5
Table 4
TELEGRAPH CA)\"YO:,\, CIIA:\":\'EL BASI;'I; FEE CREDIT SUMJ\.tARY
Final 88-1 Channel Future
Assessment Map Lot Assessor Str~cl Total Channel Channel DIF Channel
Numher Number Parcel Numhcr Acres Acres Acres ~ DIF Satisfied OfF Pav-
able
595-232-10 4.728 1.229 5.957 0 0 23,364
2 2 595-232-11 1.254 0.326 1.580 0 0 6,197
3 3 595-231-27 2.997 0_779 3.776 3.776 14,809
4 4 595-231-28 2.324 0.604 2.928 2.928 11,484
5 5 595-231-32 4.281 1.1l3 5.394 0 0 21,155
6 6 595-231-31 3.145 0.818 3.963 0 0 15,543
7 7 595-231-24 4.460 1.159 5.619 5.619 22,038
8 10 595-231-21 1.634 0.425 2.059 0 0 8,075
9 16 595-231-15 2.996 0.779 3.775 3.775 14,806
10 17 595-231-14 3.957 1.029 4.986 4.986 19,555
11 18 595-231-13 4.251 1.105 5.356 5.356 21,006
12 19 595.231-12 6.049 1.573 7.622 7.622 29,893
13 20 595-231-33 5.397 1.403 6.800 6.800 26,670
14 21 595-231-34 2.267 0.589 2.856 2.856 11,201
15 22 595-231-09 2.237 0.582 2.819 2.819 11,056
16 23 595-231-08 2.202 0.572 2.774 2.774 10,880
17 24 595-231-06 2.528 0.657 3.185 3.185 12,492
18 25 595-231-05 2.600 0.676 3.276 3.276 12,848
19 28 595-231-02 1.632 0.424 2.056 2.056 8,064
20 29 595-231-01 1.853 0.482 2.335 0 0 9,158
21 33 595-232-05 1.552 0.403 1.955 l.955 7_668
22 34 595-232-08 2.473 0.643 3.116 3.116 12.221
23 35 595-232-07 2.098 0.545 2.643 2.643 10,366
24 38 595-300-01 1.966 0.511 2.477 2.477 0 9,715
25 39 595-300-02 2.079 0.540 2.619 2.619 0 10.272
26 Note 1 595-232-12 3.886 1.010 4.896 19,203
27 Note 1 595-232-13 4.999 1.300 6.299 24,703
28 Note 1 595-232-14 4.171 1.084 5.255 20,611
29 Notes 1 595-070-24 53.640 0 0 18,253 192,123
&2
TOTAL 139.66 5275,309 5101,027 566,969
Note 1: Assessment Final Map Final Map
Numher Numher Parcel Numher
26 16341 I
27 16341 2
28 16341 3
29 13883 2 Remaining portion
Note 2: S18,253 is paid as part of Assessment District 88-1. equivalent to 4.654 acres. Remaining DIF ofS192,I23 is based on a DIF
rate of S3,922 per gross acre, exact amount will be calculated at applicable rate at the time of building permit issuance.
JS5VEROME\36300.RP11May 8, 1991
30
~O - '/(,
C. Incidentals
The total of eligible street and channel fee program incidentals $1,111,539 have been
apportioned to those parcels being assessed for those street and channel improve-
ments. In addition, the non-fee program incidentals (bonding related incidental costs
totaling $1,352,005) have been apportioned to those same parcels based upon the
percentage each parcels' assessment related to the total fee program incidentals.
Where parcels will be subdivided at a future date, this same method will be used to
reapportion the incidental costs to the new parcels.
D. Modifications
Subsequent to the adoption of Resolution of Intention No. 16128, modifications to
the method and formula of assessment spread resulted in changes to the assessments
of three parcels. Assessment numbers 24 and 25 have had assessments eliminated;
payments to the development impact fee programs for street and channel improve-
ments will be made at the issuance of building permits. This method is consistent
with the Method and Formula of Assessment Spread as presented herein.
In conclusion, it is my opinion that the assessments for Assessment District No. 88- I
are spread in direct accordance with the benefits that the land within the district
boundary receives from the works of improvements.
Dated: March 27, 1991
WILLDAN ASSOCIATES
By: i?r~
Anthony . Nisich, RCE 28550
License xpiration Date: 3-31- 4
JS5VEROME\36300.RPTlMay 7. 1991
31
;20.,J!:r
PARTlY
ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT NO. 88-1
Reduced copy. Assessment Diagram is on file in the
offices of the City Clerk and the Superintendent of
Streets
Said Assessment Diagram is filed herewith and made a
part hereof.
JS5lJEROMEI36300.RPTlMay 6. 1991
32
;JO-'1(
ASSESSMENT DIAGRAM OF
ASSESSMENT DISTRICT 88~ 1
OF
CITY
SAN
OF
DIEGO,
CHULA VISTA, COUNTY
STATE OF CALIFORNIA
OTAY LAKES ROAD PHASE I AND
TELEGRAPH CANYON CHANNEL SEGMENT I
\KJ
I
N
I
S,y
<"('
'"
_ 1;m.~"
~%~)"
... ... ~~SWELL
r--~ I,
" :9",', I CB
I ~ I @ I
?}1:5 231-!4 I" 23'-13 ! 231-12 I
~~~~~~ _~,i',
m/":/';;~>~~'. /W/f-. " I,
;//0~:/;:'//%' I I (~,
/ /, /' @ ',\ 231-27 "
// '....- ,..// " " "
.. /'. \""00.' " I,.J
0/ @ . ~ "",, .J '~-~=....
. .', ,~;, ~~~:__/) r-pS1 ~ /
,//,//\ 2321
r 231 C" -:",o0~\ @ ,~J, \ L.---I
~O ,<~y "\1"~32 OS v/"//) \ ,
-<:l\ 23.'.' \ '- /'i2\~-<l ~\~\ 8/
\\\ ,_~ -' \;j II" //;//01"\ 23210
\. -.---- ___---~ 23208 //2";1,206/' \
, ,/ "' ,/,/ / ~/" \
Y / ~ "00~/ ~ ,
@' ~ 232 C7~ /2~~ ,
"'" ~~// \f~~)\ I, I
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232-12 ~~/",.
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BOSWELL
CT.
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23-32
231-3
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=l_~:~_C2
-'I
SEE
(~)
231-28
NOT TO SCALE
'?-
o
'",
AN A.SSOSSl,l~~ TWAS LoVIED BY THE CITY CO,;~CIL ClF THE CITY Or
CHULA VISTA, STATE OF U,L1FORN ,~, 0\ PA~CEcS O~ LA\C SHOI'f'. ON
TH'S ASSESSI~E~T J'ACRAM MA,~ SAI~ ASSESS'~E~T WAS LE'/:ED CN ~H~
____ DAY OF __________, 199', SAI) ASSESSM[\'T :JIAGRA!.I ~N) THE
ASSESSMENT ROLL WERE RECORDEe Ir, THE OFFICE 0- THE STREET
SUPERI\TEkDEr.;T OF THE C:~y OF CfiJLA V:S.A ')\ T~E ___DAY OF .___.
199' 'lUERENCT IS !.IAOE Hj T~EASSESSMENT ROLL RECORC'EL: 'N THE:
OFFiCE OF THE ST~EET S'JPERI~ TE\C[~ T FOR THE ElAC A'.WL'NT CF EACH
ASSESSMENT LE'tE[:'AGAI\S~ [~CH PARCEL O~ LA'C SH::JW\ ON THiS
ASSESSMENT DIAGRAM
CITy CLERo<, C~Y OF C"wl.A V,SH
F 1 L ED I ., THE OFF ICE OFT H E C i "' Y C L ER K 0 > T.-' E C ~ T Y 0 F O'i L I L A VISTA
THIS JAY GF __________, 199'
LEGEND
DISTRICT BOU';DARY
CI'Y CcER~, C TY OF C~UL,A I/iSTA
REC'JRJEO 1\ T>-IE OFFICE 0> THF S.REET SUPERI\;EN~EW 0- T~E C'TY GF
CH"LA VISTA THIS ____ CAY O' ___ 1991
P",RCEL BOU\JCt,RY
---STR~f~.' S~; iOf::i-t-::-Tt:\CEhT---
O:Y OF C:''''LlA II:S~A
f,OT ::. PART O~ THE DISTRiCT
FILED THIS OF ~___.______, :991 FT ____ C'CCCK ______-'
IN BOC~. _____ ______ OF '#PS OF ASSESSI,'[NT C,STR!C1S, RE'CCRDEF'S
DC:UME~ T ~C. ______ IN ;'-IS om:E 0' Tr!E COU" T. F~~O'!DEF OF THS
CGIJ~T'T OF SA,' DIEGC, STAT~" c.A_FOF\IA
@'
ASSESSME~T NUV6ER
-CC~NTY-RECC'RC1:F:-oTS:-AN-jT~~'-C-:~jLIN~-
23207
",5SESSO~ BLOCK t,f,J
PAR:E,- f,U\-!3CR
NCTE
THS aO~NDA;;:Y AND PARCELS AS SHOWN HE~:SCN ARE
AS Sr!O'N\ IN BOOK SSS 0' ASSESSC" P~R~EL MA~S CF
THE C=UHYJ" SFJ. DIEX', STAT:: OF ~kIFCRrM
~ ~.~~L,~:-~"",,~<~~~~~
\AI ,~,,,,,,,_,,,,,-,,,,,,,,,,,,,,~,,,,",,,,.,,_.."B
,,~ 3630C'
SHEET 1 OF 2
;;J' ''11
ASSESSMENT DIAGRAM OF
ASSESSMENT DISTRICT 88-1
CITY OF CHULA VISTA, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA
OTAY LAKES ROAD PHASE I AND
TELEGRAPH CANYON CHANNEL SEGMENT I
~~~
ft-
Q
It;
;;j/
",
,
Sf:'
f:'
595-300-08-/
,
,
\
,
,
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595-070_24
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,
,
,
,
, ,
\y
~,
/I'Q
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LEGEND
_ _ _ _ DISTRICT BOF'olDARY
------------- PARCEL BOU~CARY
r;;:---~;~ -;;:~ ~OT A PART OF THE DISTRICT
NOT TO SCALE
(~ ASSESSME~T NUWRER
232-07
ASSESSOR 8~CCK AN:
P::'RCEL ~lj!v~8::Fi
NOTE
THE BCU.DARv ANe, PARCELS AS $>-'011"< HEREON ARE
AS S"CWN IN BOOK 59~ OF ASSESSOR PAR':EL MA~S CF
THEe au \ TY OF S II " [): [ C C, S T PE 0; C A_ ~ F::J R ~, i A
~ WILLDAN ASSOCIATES
\AI .,;,:::.;.:-,::-:~[~";~:::~ ~.';.,;-~:::>:,~
.., ~OQ~'
SHEET 2 OF 2
;)D ,SO
PART V
DESCRIPTION OF WORK
ASSESSMENT DISTRICT NO. 88-1
I. Full improvement of Otay Lakes Road to the ultimate 6 lane facility west of Rutgers
Avenue east approximately 4,400 feet to the western boundary of the EastLake
Business Center.
1. Acquiring additional right-of-way, removal of existing pavement, grading to the
ultimate right-of-way width of 134 feet, the installation of two 44 foot wide
pavement sections, a 24 foot wide raised, landscaped and irrigated median,
curb, gutter, sidewalk, and street lights.
2. Installing local drainage facilities consisting of closed conduit storm drains and
drainage ditches necessary to drain the street and associated slopes and runoff
areas.
3. Realigning existing 16, 18, 20, and 24 inch water lines and valves in Otay
Lakes Road.
4. Implementing temporary construction detours consisting of paving, retaining
walls, guardrails, and drainpipes.
5. Installing, converting, or relocation of electric, gas, telephone, and cable TV
conduit systems.
II. Half-width improvements of Otay Lakes Road to complete the ultimate six lane
facility from the western boundary of the EastLake Business Center, east to Lane
Avenue.
1. Grading to ultimate right-of-way width of 134 feet, the installation of one 44-
foot wide pavement section, curb, gutter, sidewalk, and streetlight.
2. Installing local drainage facilities consisting of closed conduit storm drains
necessary to drain the street and associated slopes and runoff areas.
3. Implementing temporary construction detours consisting of paving, retaining
walls, guardrails, and drainpipes.
4. Installing, converting, or relocation of electricity, gas, telephone, and cable TV
conduit systems as necessary.
JS5VEROME\36300.RPTiMay 6. 1991
35
po --6/
III. The construction of a vegetated drainage channel with rip rap drop structures that
runs parallel to Gtay Lakes Road from Rutgers A venue east approximately 4,450 feet
to the western boundary of the EastLake Business Center.
1. Grading and construction of the channel, including inlet and outlet structures,
rip rap aprons, lined drainage ditches, two access ramps, and landscaped sides.
2. A reinforced double box culvert under Gtay Lakes Road.
3. Acquisition of approximately 16 acres of drainage easement.
JS5VEROME\36300.RPnMay 6, 1991
36
;l 0-52-
PART VI
RIGHT-OF-WAY CERTIFICATE
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
The undersigned, ANTHONY J. NISICH, hereby CERTIFIES UNDER PENALTY OF PERJURY that the
following is all true and correct.
At all times herein mentioned, the undersigned was, and now is the authorized representative of Willdan
Associates, the duly appointed ASSESSMENT ENGINEER of the CITY OF CHULA VISTA, CALIFOR-
NIA.
That there have now been instituted proceedings under the provisions of the "Municipal Improvement Act
of 1913", being Division 12 of the Streets and Highways Code of the State of California for the construction
and acquisition of certain public improvements in a special assessment district known and designated as
ASSESSMENT DISTRICT NO. 88-1
(hereinafter referred to as the" Assessment District").
THE UNDERSIGNED STATES AND CERTIFIES AS FOLLOWS:
(check one)
Ill!
a.
That all easements, rights-of-way. or land necessary for the accomplishment of the works of
improvement for the above referenced Assessment District have been obtained and are in the
possession of the City.
o
b.
That all easements, rights-of-way or land necessary for the accomplishment of the works of
improvement for the above referenced Assessment District have been obtained and are in the
possession of the City, EXCEPT FOR THOSE DESCRIBED IN EXHIBIT "A" attached
hereto, showing maps of rights-of-way and easements not yet obtained at this time.
WILLDAN ASSOCIATES
,,~ d---
ASSESSMEN ENGINEER
CITY OF C LA VISTA
STATE OF CALIFORNIA
lS5l/EROMEI36300.RPTWay 6, ]99]
37
J. 0 ..53
APPENDIX A
ACQUISITION AGREEMENT
Original on file at the office of the City Clerk
JS5VEROME\36300.RPT.May 6. 1991
~D ,,5~
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ACQUISITION/FINANCING AGREEMENT
THIS AGREEMENT is made and entered into thi~ q #- day of t,.~~ \
1991, by and between the CITY OF CHULA VISTA, a public agency of the State of
California (hereinafter referred to aa "Ci~y"), and EASTLAKE DEVELOPMENT CO., (here-
inafter referred to as "Property Owner").
WHEREAS, the City is considering the formation of a special assessment district
under the terms and conditions of the "Municipal Improvement Act of 1913", being
Division 12 of the Streets and Highways Code of the State of California, for the
construction of certain public improvements, together with appurtenances and appurte-
nant work within the jurisdictional limits of said City, said special assessment
district known and designated as ASSESSMENT DISTRICT NO. 88-1 (OTAY LAKES ROAD,
PHASE I) (hereinafter referred to as the "Assessment District"); and,
WHEREAS, Section 66462 of the Government Code of the State of California ("Subdivi-
sion Map Act") expressly authorizes financing and completion of public improvements
under an appropriate special assessment act, and Section 10102 of the streets and
Highways Code ("Municipal Improvement Act of 1913") expressly authorizes the acquisi-
tion of any improvements authorized to be constructed under said law; and,
WHEREAS, Property Owner, in order to proceed in a timely way with its development,
desires to construct and has constructed certain public works of improvement that
are proposed to be included with the works of improvement for the Assessment
District, namely, the improvements as set forth and described in the attached,
referenced and incorporated Exhibit "A"; and,
WHEREAS, the City and Property Owner are in agreement that the determined eligible
works of improvement may be included within the Assessment District financing at
prices determined by said City to be reasonable; and,
WHEREAS, it is the intent of this Agreement to provide that Property Owner shall,
upon a successful confirmation of assessment and sale of bonds for the Assessment
District, be paid for the works of improvement which are integral and a part of the
Assessment District, as the prices as determined by the City; and,
WHEREAS, the properties within the boundaries of the Assessment District will be
assessed only for those portions of the works of improvement that benefit the proper-
ties within the boundaries of the Assessment District, and this Acquisition/
Financing Agreement and payment for the works of improvement will apply to and only
cover those portions of said works of improvement; and,
WHEREAS, in performing under this Agreement, it is mutually understood that Property
Owner is acting as an independent contractor and not an agent of the City, and City
shall have no responsibility for payment to any contractor, subcontractor or
supplier of the Property Owner; and,
WHEREAS, Property Owner shall be the owner of and retain title to all of the works
of improvement constructed pursuant to this Agreement until such time as the City,
acting pursuant to the provisions of the "Municipal Improvement Act of 1913", shall
acquire such works of improvement. Upon such transfer, such improvements shall
become the property of the public agency and/or regulated utility authorized to
provide the service to the Assessment District; and,
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WHEREAS, the city has no objection to purchasing the improvements from said Property
owner, and Property Owner is desirous that the city purchase said improvements, and
at this time said improvements are owned by Property owner; and,
WHEREAS, Property OWner hereby further agrees to indemnify and hold harmless the
city of any challenge involving the validity or enforceability of this Agreement and
Property OWner further agrees to defend or provide the monies in advances for any
defense as it relates to a challenge to this Agreement; and,
WHEREAS, City may, at its option, terminate this Agreement at any time if any legal
challenge is filed relating to the validity or enforceability of this Agreement for
these assessment district proceedings.
NOW, THEREFORE, IT IS MUTUALLY AGREED between the respective parties as follows:
SECTION 1.
SECTION 2.
SECTION 3.
SECTION 4.
SECTION 5.
SECTION 6.
That the above recitals are all true and correct.
The City has no financial obligation to construct the improvements, and
all expense for said improvements, including all incidentals thereto,
shall be borne by owners of property within the Assessment District.
That said City does intend to proceed with the adoption of a Resolution
of Intention and the formation of a special Assessment District for the
improvements above described; however, the City reserves the right to
determine those facilities which are eligible for final funding.
That the City agrees to acquire and finance through the use of special
assessment proceedings, and Property Owner agrees to convey all
completed improvements to the City, those improvements being all as set
forth in the previously referenced Exhibit "A". Property OWner agrees
to post with the City the required bonds to guarantee the performance
of the work and payment of all labor and materials, said bonds to be in
the amounts as determined by the City.
Property Owner shall be responsible for the maintenance and shall
maintain said improvements in a satisfactory condition prior to any
final transfer and acceptance.
No acquisition monies shall be paid until the described improvements
to be acquired have been transferred free and clear of all liens,
claims and encumbrances, and Property OWner does hereby indemnify the
City against any liens, claims or encumbrances relating to said
acquired improvements.
The final facilities and actual prices to be paid for said improvements
are those that the City believes to be integral and reasonable and to
confer special benefit on properties within the Assessment District.
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The estimated prices for the improvements are set forth in the
attached, referenced and incorporated Exhibit "B". Final prices shall
be based upon unit prices and quantities as determined by the City to
be reasonable, and no other co~ts and expenses shall be allowed unless
expressly authorized by the legislative body of the City. The Property
OWner shall provide all substantiating documentation and certifications
of authenticity as requested by the City in the determination of either
the quantities of work constructed or the prices to be paid for such
improvements.
SECTION 7.
The estimated quantities set forth in the previously referenced Exhibit
"B" shall be revised to reflect the actual quantities of works of
improvement actually constructed at prices as determined by the City.
Any final determination shall be made by the City as to the prices and
quantities to be paid.
SECTION B.
The costs of acquisition shall also include the necessary engineering
and related incidental expenses, including, but not limited to, the
preparation of plans, specifications, bidding and all related documenta-
tion. Said final costs and expenses are to be determined upon the
completion of the works of improvement and certified by the City.
SECTION 9.
The cost for said works of
with the benefits received,
for the Assessment District.
improvement shall be spread in accordance
as determined by the Assessment Engineer
SECTION 10. All plans and specifications shall be submitted by the Property OWner,
and all improvements shall be bid and constructed in full compliance
with all applicable local rules and laws. Property OWner agrees to
keep records and to allow the City to review said records for all bids
and contracts let for any of the improvements. City shall have the
right to inspect all works of improvement as if said works of improve-
ment were being constructed as a public works contract let by the City.
SECTION 11. Upon execution of this Agreement and completion of the improvements,
the City shall have the right to use said improvements as determined
necessary and integral for the works of improvement within the Assess-
ment District.
SECTION 12. The acquisition monies, upon the sale of bonds, shall be distributed
pursuant to written instructions executed by all persons having an
interest in the property, as disclosed by a current title report.
"Interested partiestl shall consist of property owners as shown on the
last equalized assessment roll for property taxes, as well as any
beneficiaries under any existing deeds of trust. No cash distribution
shall be made until all parties have executed the appropriate written
instructions.
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SECTION 13. Acquisition monies may be withheld until all improvements required to
be installed by the Property OWner have been completed, and a reason-
able amount of monies due under this Agreement may be subsequently with-
held to cover final possible. corrections and/or adjustments in the
work, said work to be accomplished subsequent to the confirmation of
the assessment and sale of bonds.
SECTION 14. This Agreement is contingent upon the confirmation of assessments and
successful sale of bonds, and it shall be null and void if said bonds
are not sold within a three (3) year period following the date of this
Agreement, or any mutually Agreed extension; however, this time can be
extended by request of the Property OWner and concurrence of the
legislative body.
SECTION 15. Property OWner hereby agrees to provide written notice to any potential
purchasers of lots in a form satisfactory to City so advising the
potential owner of the fact of the proposed or confirmed Assessment
District, with said document being executed by the potential owner.
Such notice shall be provided to the potential owner a reasonable time
before the potential owner becomes contractually committed to purchase
the lot so that the potential owner may knowingly consider the impact
of the assessment in the decision to purchase the lot, A copy of all
such notices executed by actual purchasers shall be sent to the City.
SECTION 16. Property OWner agrees to and shall assume the defense of, indemnify and
hold harmless the City, its officers and agents, from any action,
damages, claims or losses of any type resulting from this Agreement,
including without limitation the design, engineering, construction
bidding, award of the contract contract and construction of the improve-
ments. No provision as contained herein shall in any way limit the
extent of the responsibility of said Property OWner for payment of
damages resulting from the construction of the improvements and/or any
contractual relationships between Property OWner and contractor and/or
subcontractors.
SECTION 17. This Agreement is binding upon heirs, assigns, and successors-in-
interest.
SECTION 18. This Agreement, by its execution, amends and supercedes any terms and
conditions that may be inconsistent in any previous agreement, includ-
ing any subdivision improvement agreement, relating to the construc-
tion, installation or financing of said improvements,
SECTION 19. The prevailing party in any litigation relating to, interpreting or
enforcing this Agreement, shall be entitled to reasonable attorney's
fees as determined by the Court.
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SECTION 20. This Agreement and the construction of the improvements shall be
subject to all local laws and ordinances relating to the requirement of
improvement agreements, land division, improvement security or other
applicable development requirements.
SECTION 21. Property OWner agrees to pay' origination charges pursuant to Council
policy.
EXECUTED by and between the parties hereto on the day and year first hereinabove
written.
"CITY"
CITY OF CHULA VISTA
~1I..t~Jttht
MAYOR -
CITY OF CHULA VISTA
STATE OF CALIFORNIA
ATTEST:
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CITY CLE
CITY OF CHULA VISTA
STATE OF CAIFORNIA
FORM~
"PROPERTY OWNER"
EASTLAKE DEVELOPMENT CO.
By:
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State of California
County of San Diego
On Jlpri 1 2. 1991 before me, Denise M. Smith ' personally appeared
Graham Jones ' personally known to me (or proved to me on the basis
of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the
",ithin instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument on the person(s), or the entity upon behalf of which tbe person(s) acted,
executed the instrument.
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. NOTARY P\A1C-CALIFClIIlIA
SNI DlE&O ctUITY
"" ....IIISSKIH EIlP. NJ6. 20.1991
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WITNESS my hand and official seal.
Signature ~ '711. ~
Denise M. Smith
(Seal)
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EXHIBIT A
DESCRIPTION OF WORK
ASSESSMENT DISTRICT NO. 88-1
1. Full improvement of Otay Lakes Road to the ultimate 6 lane facility west of Rutgers
Avenue east approximately 4,400 feet to the western boundary of the EastLake
Business Center.
1. Acquiring additional right-of-way, removal of existing pavement, grading to the
ultimate right-of-way width of 134 feet, the installation of two 44 foot wide
pavement sections, a 24 foot wide raised, landscaped and irrigated median,
curb, gutter, sidewalk, and street lights.
2. Installing local drainage facilities consisting of closed conduit storm drains and
drainage ditches necessary to drain the street and associated slopes and runoff
areas.
3. Realigning existing 16, 18, 20, and 24 inch water lines and valves in Otay
Lakes Road.
4. Implementing temporary construction detours consisting of paving, retaining
walls, guardrails, and drainpipes.
5. Installing, converting, or relocation of electric, gas, telephone, and cable TV
conduit systems.
II. Half-width improvements of Otay Lakes Road to complete the ultimate six lane
facility from the western boundary of the EastLake Business Center, east to Lane
Avenue.
1. Grading to ultimate right-of-way width of 134 feet, the installation of one 44-
foot wide pavement section, curb, gutter, sidewalk, and streetlight.
2. Installing local drainage facilities consisting of closed conduit storm drains
necessary to drain the street and associated slopes and runoff areas.
3. Implementing temporary construction detours consisting of paving, retaining
walls, guardrails, and drainpipes.
4. Installing, converting, or relocation of electricity, gas, telephone, and cable TV
conduit systems as necessary.
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III. The construction of a vegetated drainage channel with rip rap drop structures that
runs parallel to Otay Lakes Road from Rutgers Avenue east approximately 4,450 feet
to the western boundary of the EastLake Business Center.
1. Grading and construction of the channel, including inlet and outlet structures,
rip rap aprons, lined drainage ditches, two access ramps, and landscaped sides.
2. A reinforced double box culvert under Otay Lakes Road.
3. Acquisition of approximately 16 acres of drainage easement.
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EXHIBIT B
ACQUISITION COSTS
A. Construction Costs
SUBTOTAL CONSTRUCTION
Contingency at 2 %
TOTAL CONSTRUCTION:
$ 230,735
4,940,250
833.176
$ 6,004,161
120.083
$ 6,124,244
Telegraph Canyon Drainage Channel
Otay Lakes Road
(Rutgers to Eastlake Boundary)
Otay Lakes Road
(North Portion near Business Center)
B. Incidental Expenses
Project Management
Design Engineering, Survey & Staking
Construction Management
Landscape Design
Utility Engineering
Plan Check & Inspection Fees
Legal Fees (right-of-way)
Special Studies Engineering
Soils Engineering
Miscellaneous
$ 20,000
547,091
11 ,925
62,083
14,101
206,979
41,852
43,184
116,440
14.622
Subtotal Incidentals
$ 1,078,277
TOTAL COST
$7,202,521
C) 0 ....(,3
PROPOSED BOUNDARY MAP
ASSESSMENT DISTRICT 88-1
CITY OF CHULA VISTA, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA
OT A Y LAKES ROAD PHASE I AND
TELEGRAPH CANYON CHANNEL SEGMENT I
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LEGEND
____ DISTRICT BOUNDARY
PARCEL BOUNDARY
NO'TE:
tHE BOUNDARY A.ND PARCELS "'S SHOWN HOlEON AAE
AS SHOWN ON THE ASSESSOR'S PARco. W""5 Of Tl-!E
COUNTY OF SAt' DiEGO, STATE or CA.UFORHI....
~ NOT A PART OF THE DISTRICT
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'AI OlIl'OU.,....~.UCI~
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JS5I1EROMEI36300.RP7\May 6, 1991
APPENDIX B
ACTUAL COST INFORMATION
(Bound Separately)
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