Loading...
HomeMy WebLinkAboutAgenda Packet 2004/11/23 CITY COUNCIL AGENDA November 23,2004 6:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista ~f~ ~ r__ ___ ___ _ -- -- -~ ~~~~ CllY OF CHUlA VISTA City Council City Manager Patty Davis David D. Rowlands, Jr. John McCann City Attorney Jerry R. Rindone Ann Moore Mary Salas City Clerk Stephen C. Padilla, Mayor Susan Bigelow ********** The City Council meets regularly on the first calendar Tuesday at 4:00 p.m. and on the second, third and fourth calendar Tuesdays at 6:00 p.m. Regular meetings may be viewed at 7:00 p.m. on Wednesdays on Cox Cable Channel 24 or Chula Vista Cable Channel 68. Agendas are available on the City's website at: www.chulavistaca.gov ********** November 23, 2004 , dsclare under penalty of perjury that I am -;:np\oyed by the City of Chula Vista in the . Office of the City Clerk and that I posted this rlocument on the bulletin board according to i3rown Act requirements. ;J. AGENDA ~a~~. ~ r'3~8d /1, f /fur Signed 6:00.r.lVl. CALL TO ORDER ROLL CALL: Councilmembers Davis, McCann, Rindone, Salas, and Mayor Padilla PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATH OF OFFICE: DINA CRA VEZ, HOUSING ADVISORY COMMISSION CONSENT CALENDAR (Items 1 through 14) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. 1. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010, RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS, TO ADD THE POSITION OF HUMAN RESOURCES OPERATIONS MANAGER (SECOND READING) Adoption ofthe ordinance amends the municipal code to add a key managerial position to the Human Resources Department, which will allow staff to conduct day-to-day operations in a more efficient and effective manner. This ordinance was introduced on November 16,2004. (Director of Human Resources) Staff recommendation: Council adopt the ordinance. 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING 181 MADRONA STREET AS A HISTORIC SITE AND PLACING 181 MADRONA STREET, THE ALMOND PICKERING HOUSE, ON THE CITY OF CHULA VISTA LIST OF HISTORIC SITES IN ACCORDANCE WITH MUNICIPAL CODE SECTION 2.32.070(A) The property owners of 181 Madrona Street have requested that their property, the Almond Pickering House, be considered for inclusion on Chula Vista's list of historic sites. The Resource Conservation Commission considered the request at its October 4, 2004 meeting and recommended that the house be placed on Chula Vista's list of historic sites. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. Page 1 - Council Agenda November 23,2004 AGENDA November 23, 2004 6:00 P.M. CALL TO ORDER ROLL CALL: Councilmembers Davis, McCann, Rindone, Salas, and Mayor Padilla PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATH OF OFFICE: DINA CRA VEZ, HOUSING ADVISORY COMMISSION CONSENT CALENDAR (Items 1 through 14) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. 1. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010, RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS, TO ADD THE POSITION OF HUMAN RESOURCES OPERATIONS MANAGER (SECOND READING) Adoption of the ordinance amends the municipal code to add a key managerial position to the Human Resources Department, which will allow staff to conduct day-to-day operations in a more efficient and effective manner. This ordinance was introduced on November 16, 2004. (Director of Human Resources) Staff recommendation: Council adopt the ordinance. 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING 181 MADRONA STREET AS A HISTORIC SITE AND PLACING 181 MADRONA STREET, THE ALMOND PICKERING HOUSE, ON THE CITY OF CHULA VISTA LIST OF HISTORIC SITES IN ACCORDANCE WITH MUNICIPAL CODE SECTION 2.32.070(A) The property owners of 181 Madrona Street have requested that their property, the Ahnond Pickering House, be considered for inclusion on Chula Vista's list of historic sites. The Resource Conservation Commission considered the request at its October 4, 2004 meeting and recommended that the house be placed on Chula Vista's list of historic sites. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. Page 1 - Council Agenda November 23, 2004 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING 186 CYPRESS STREET AS A HISTORIC SITE AND PLACING 186 CYPRESS STREET, THE JAMES WILLIAMS HOUSE, ON THE CITY OF CHULA VISTA LIST OF HISTORIC SITES IN ACCORDANCE WITH MUNICIPAL CODE SECTION 2.32.070(A) The property owners of 186 Cypress Street have requesled that their property, the James Williams House, be considered for inclusion on Chula Vista's list of historic sites. The Resource Conservation Commission considered the request at its October 4, 2004 meeting and recommended that the house be placed on Chula Vista's list of historic sites. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING 20 SECOND A VENUE, THE ROSE BARROWS HOUSE, AS A HISTORIC SITE AND PLACING THE ROSE BARROWS HOUSE ON THE CITY OF CHULA VISTA LIST OF HISTORIC SITES IN ACCORDANCE WITH MUNICIPAL CODE SECTION 2.32.070(A) The property owner of 20 Second A venue, the Rose Barrows House, has requested that this property be considered for inclusion on Chula Vista's list of historic sites. The Resource Conservation Commission considered the request at its October 4, 2004 meeting and recommended that the house be placed on Chula Vista's list of historic sites. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING 238 SECOND A VENUE AS A HISTORIC SITE AND PLACING 238 SECOND A VENUE, THE JOHN M. DAVIDSON HOUSE, ON THE CITY OF CHULA VISTA LIST OF HISTORIC SITES IN ACCORDANCE WITH MUNICIPAL CODE SECTION 2.32.070(A) The property owners of 238 Second Avenue have requested that their property, the John M. Davidson House, be considered for inclusion on Chula Vista's list of historic sites. The Resource Conservation Commission considered the request at its October 4, 2004 meeting and recommended that the house be placed on Chula Vista's list of historic sites. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING 254 FIFTH A VENUE AS A HISTORIC SITE AND PLACING 254 FIFTH A VENUE, THE MARTIN SETTE HOUSE, ON THE CITY OF CHULA VISTA LIST OF HISTORIC SITES IN ACCORDANCE WITH MUNICIPAL CODE SECTION 2.32.070(A) Page 2 - Council Agenda November 23, 2004 The property owner of 254 Fifth A venue has requested that this property, the Martin Sette House, be considered for inclusion on ChuIa Vista's list of historic sites. The Resource Conservation Commission considered the request at its October 4, 2004 meeting and recommended that the house be placed on Chula Vista's list of historic sites. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF CHULA VISTA APROVING THE EXECUTED MILLS ACT CONTRACTS BETWEEN THE CITY OF CHULA VISTA AND THE OWNERS OF THE HISTORIC PROPERTIES LOCATED AT 181 MADRONA STREET, 186 CYPRESS STREET, 254 FIFTH AVENUE, 238 SECOND AVENUE, 20 SECOND A VENUE, AND 62 COOK COURT; AND AUTHORIZING THE MAYOR TO SIGN SAID CONTRACTS Staff has prepared contracts for the each of owners of historic homes who want to participate in the Mills Act program. Upon authorization by the City Council, the City will enter into the contracts which will then be forwarded to the County Assessor's office for recordation, making the properties eligible for tax credit in the next assessed tax year. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ELIMINATION OF ONE SPECIAL PLANNING MANAGER POSITION, WAIVING THE FORMAL CONSULTANT SELECTION PROCESS, APPROVING THE FIRST AMENDMENT TO AN AGREEMENT WITH RBF CONSULTING, AUTHORIZING THE MAYOR TO EXECUTE SAID FIRST AMENDMENT, AND AMENDING THE FISCAL YEAR 2005 BUDGET OF THE PLANNING AND BUILDING DEPARTMENT BY REMOVING THIS POSITION In August 2002, Council approved the creation of a Special Planning Project Manager position to be dedicated to the Eastern Urban Center project to be funded at full-cost recovery by developer, McMillin Otay Ranch, LLC. Mr. Jefftey C. Barfield, Special Planning Project Manager, is leaving the City to return to his former long-time employer, RBF Consulting. To keep the continuity in the project, staff recommends transferring the processing of the project to RBF Consulting by amending an existing two-party agreement and specifYing Mr. Barfield continue as the project manager. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE DEFERRED COMPENSATION PLAN AGREEMENT TO INCLUDE A LOAN PROVISION Page 3 - Council Agenda November 23,2004 The City has offered a Deferred Compensation Plan to employees since 1975. Adoption of the resolution approves an amendment to create a loan provision in the plan, which would allow participants to take loans against their deferred compensation balances, thereby providing greater flexibility and access to these funds. (Director of Finance) Staff recommendation: Council adopt the resolution. 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE DEFERRED COMPENSATION PLAN AGREEMENT WITH ICMA RETIREMENT CORPORATION ICMA Retirement Corporation has been one of the City's Deferred Compensation plan administrators since 1986. Adoption of the resolution approves an amendment to establish a five-year fixed term agreement in exchange for reduced administrative costs, thus yielding higher returns for employees participating in the plan. (Director of Finance) Staff recommendation: Council adopt the resolution. 11 A. URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REPEALING ORDINANCE NO. 2884, RELATING TO THE PUMPED SEWER DEVELOPMENT IMPACT FEE (4/5THS VOTE REQUIRED) B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REPEALING ORDINANCE NO. 2884, RELATING TO THE PUMPED SEWER DEVELOPMENT IMP ACT FEE (FIRST READING) C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING THE UN-APPROPRIATED BALANCE OF FUNDS IN THE PUMPED SEWER DEVELOPMENT IMPACT FEE FUND, TO THE TELEGRAPH CANYON TRUNK SEWER IMPROVEMENT PROJECT (SW224) (4/5THS VOTE REQUIRED) On March 15, 1994, the City Council adopted Ordinance No. 2582, which established the Telegraph Canyon Sewer Basin Pumped Flows Development Impact Fee to fund improvements to the Telegraph Canyon sewer main due to out-of-basin flows ftom the Salt Creek Basin. On October 22, 2002, this fee was amended by Ordinance No. 2884 to rename it to "Pumped Sewer Development Impact Fee," and to allow the use of either Telegraph Canyon Trunk Sewer or the Poggi Canyon Trunk Sewer to convey the out-of- , basin flows. Now that the Salt Creek Trunk Sewer has been constructed, and there is no longer any need to pump flows out of the Salt Creek basin, staff recommends that the fee be repealed. (Director of General Services, Director of Engineering) Staff recommendation: Council adopt the urgency ordinance and the resolution, and place the ordinance on fIrst reading. 12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005 LffiRARY DEPARTMENT BUDGET BY APPROPRIATING UNANTICIPATED EVEN START GRANT AUGMENTATION FUNDS IN THE AMOUNT OF $18,833 FOR EXPENDITURES ASSOCIATED WITH THE CHULA VISTA LITERACY TEAM'S EVEN START FAMILY LITERACY GRANT (4/5THS VOTE REQUIRED) Page 4 - Council Agenda November 23,2004 ---- ,----- The Chula Vista Literacy Team recently received notice ftom the California Department of Education of a one-time augmentation to the Even Start grant in the amount of18,833. (Assistant City Manager Pahner) Staff recommendation: Council adopt the resolution. 13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $454,112 FROM THE OFFICE OF TRAFFIC SAFETY FOR Dill ENFORCEMENT GRANTS, ADDING ONE POLICE AGENT AND ONE PEACE OFFICER, AMENDING THE FISCAL YEAR 2004/2005 POLICE BUDGET, AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) The Police Department received funding ftom the Office of Traffic Safety for the creation of a dedicated Dill Enforcement Team, consisting of one Agent and one Officer, as well as the enforcement of Minor Decoy, Shoulder Tap and Special Events operations. The main goal of these programs is to reduce the incidence of alcohol-related offenses and underage drinking. (Chief of Police) Staff recommendation: Council adopt the resolution. 14 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005 BUDGET BY RECLASSIFYING ONE ASSISTANT CITY MANAGERlDIRECTOR OF BUDGET AND ANALYSIS TO ASSISTANT CITY MANAGER AND DELETING ONE FISCAL AND MANAGEMENT ANALYST POSITION AND REPLACING IT WITH ONE DIRECTOR OF BUDGET AND ANALYSIS B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 2.05.0101 OF THE CHULA VISTA MUNICIPAL CODE, RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD THE POSITION OF DIRECTOR OF BUDGET AND ANALYSIS Since the Assistant City Manager (Administrative Services) position was combined with the Director of Budget and Analysis position in March 2003, the duties associated with both positions have changed and expanded. Given these increases in responsibilities it is recommended that the positions of Assistant City Manager and Director of Budget and Analysis be separated. (Assistant City Manager Fruchter) Staff recommendation: Council adopt the resolution and place the ordinance on first reading. ORAL COMMUNICATIONS Persons speaking during Oral Communications may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. Page 5 - Council Agenda November 23,2004 ,...-- ----- PUBLIC HEARINGS The following items have been advertised as public hearings as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 15. CONSIDERATION OF APPROVAL OF AN APPLICATION FOR THE PROPOSED CONVERSION OF AN EXISTING 48-UNIT APARTMENT COMPLEX TO 48 CONDOMINIUM UNITS FOR INDIVIDUAL OWNERSHIP (APPLICANT: DONIA F AMIL Y LIMITED PARTNERSHIP) The developer, Donia Family Limited Partnership, submitted an application for a tentative subdivision map (one-lot condominium map containing 48 residential units) to convert a 48-unit apartment complex to 48 condominium units for individual ownership. The 3.88-acre project site is located at 321 Rancho Drive. (Director of Planning and Building) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF A TENTATIVE MAP TO SUBDIVIDE 3.88 ACRES AT 321 RANCHO DRIVE INTO A ONE-LOT CONDOMINIUM TENTATIVE SUBDIVISION MAP CONTAINING 48 RESIDENTIAL UNITS 16. CONSIDERATION OF APPROVAL OF AMENDING CHAPTERS X (BUILDING) AND XIV (PLANNING) OF THE CITY'S MASTER FEE SCHEDULE The proposed changes to the Planning Fees (Chapter XIV) are the result of a planning fee study, the first conducted since 1992. The proposed change to the Building Fees (Chapter X) is to clarify that construction valuation is calculated using a valuation table, and to include the valuation table with the Master Fee Schedule. (Director of Planning and Building) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTERS X (BUILDING) AND XIV (pLANNING) OF THE CITY'S MASTER FEE SCHEDULE Page 6 - Council Agenda November 23, 2004 ACTION ITEMS The items listed in this section of the agenda will be considered individually by the Council, and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 17. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROPRIATING $250,000 FOR THE PURCHASE OF BOOK MATERIALS The Chula Vista Public Library has historically been very well used by the community. In Fiscal Year 2003/2004, one million guests checked-out over 1.3 million items. This summer, the Library implemented the new "Marketplace," service model in an effort to better serve our public. This model has proven to be very successful but is also presented some challenges. The community's demands and expectations for books now exceed our available resources. (Assistant City Manager Palmer) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $250,000 TO THE LlliRARY DEPARTMENT BUDGET FOR THE PURCHASE OF BOOK MATERIALS BASED ON UNANTICIPATED ONE-TIME REVENUE FROM THE SDG&E FRANCHISE AGREEMENT (4/5THS VOTE REQUIRED) 18. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING THE ADDITION OF STAFF FOR THE ANIMAL CARE FACILITY, AND APPROPRIATING FUNDS FROM THE AVAILABLE BALANCE OF THE GENERAL FUND With the increase in the physical size of the Animal Care Facility, and the continuing increase in the numbers of animals processed in the facility, there is a need for additional staff. Adoption of the resolution adds the needed staffing and appropriates $150,861 ftom the available balance ofthe general fund. (Chief of Police) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ADDITION OF FOUR ANIMAL CARE ASSISTANTS, TWO OFFICE SPECIALISTS, AND ADDING A NEW POSITION OF .5 VETERINARIAN FOR THE CHULA VISTA ANIMAL CARE FACILITY, AND APPROPRIATING FUNDS FROM THE AVAILABLE BALANCE OF THE GENERAL FUND (4/5 THS VOTE REQUIRED) Page 7 - Council Agenda November 23, 2004 19. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING BUDGET AMENDMENTS FOR THE PLANNING AND BUILDING DEPARTMENT TO ADD A SENIOR PLANNER, AND THE CITY ATTORNEY'S OFFICE TO ADD A DEPUTY CITY ATTORNEY II AND A LEGAL ASSISTANT, AND APPROPRIATING FUNDS FROM THE AVAILABLE BALANCE OF THE GENERAL FUND In 2003, the Council authorized additional staff for the Planning and Building Department to expand the Code Enforcement Program to include proactive enforcement. These expanded programs have resulted in a significant increase in requests for technical support ftom the Planning Division and the City Attorney's Office. Adoption of the resolution authorizes the addition of a Senior Planner in the Planning Division, a Deputy City Attomey II, and a Legal Assistant in the City Attorney's Office to respond to this increased workload. (Director of Planning and Building, City Attorney) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE PLANNING AND BUILDING DEPARTMENT'S FISCAL YEAR 2005 BUDGET TO ADD A SENIOR PLANNER, AND AMENDING THE CITY ATTORNEY'S OFFICE'S FISCAL YEAR 2005 BUDGET TO ADD A DEPUTY CITY ATTORNEY II AND A LEGAL ASSISTANT, AND APPROPRIATING FUNDS THEREFOR FROM THE AVAILABLE BALANCE OF THE GENERAL FUND (4/5THS VOTE REQUIRED) ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 20. CITY MANAGER'S REPORTS 21. MAYOR'S REPORTS 22. COUNCIL COMMENTS ADJOURNMENT to the Regular Meeting of December 7, 2004, at 4:00 p.m. in the Council Chambers. Page 8 - Council Agenda November 23,2004 .- --~.~--- ---- --- ,..-- \ ORDINANCE NO. S>O'?,\O~ ~~~ AN ORDINANCE OF THE CITY OF ~ ISTA AMENDING CHAPTER 2.05.010 OF ~~ LA VISTA MUNICIPAL CODE RELATING T~ STABLlSHMENT OF UNCLASSIFIED POSITIONS T ADD THE POSITION OF HUMAN RESOURCES OPERATIONS MANAGER WHEREAS, Council originally approved the Human Resources Operations Manager position in September 2000 based upon the advice and support of the Assistant City Manager over Human Resources; and WHEREAS, in February 2003, the Human Resources Department experienced a reorganization, which resulted in the elimination of the position; and WHEREAS, the original justification for creating this position still exists toady and is compounded by the growth of the City; and WHEREAS, the Charter Section 500(a) requires that all new unclassified management level positions be adopted by ordinance and a four-fifths vote of the Council. NOW THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION I: That Section 2.05.010 of the Chula Vista Municipal Code is hereby , amended to read as follows: 2.05.010 Unclassified positions established. In addition to those unclassified positions specifically delineated in Section 500 of the Charter of the city, there are established the unclassified positions entitled deputy city manager, administrative services manager, deputy fire chief, assistant fire chief, assistant chief of police, assistant director of finance, assistant director of budget and analysis, fiscal operations manager, funds development strategic planning manager, purchasing agent, treasury manager, assistant director of human resources, director of employee development, risk manager, assistant director of public works and operations, assistant director of building and housing, deputy building official, building services manager, building and park construction manager, parks and open space manager, assistant director of recreation, housing coordinator, real property manager, transit coordinator, assistant director of community development, community relations manager, Western Chula Vista development manager, traffic engineer, deputy director of engineering, assistant library director, chief learning officer, director of communications, police captain, director of conservation and environmental services, J:\AttomeyIOrdinanceIUnclassified Position Ord. 11 16 04.doc Page 1 of 2 1-1 -.-...--..--- deputy director of planning, assistant director of planning, special planning projects manager, gen!;!ral plan project manager, chief of staff, constituent services manager, community liaisòn (assigned to the Office of the Mayor and City Council), human resources operations manager, Califomia border alliance group deputy executive director, California border alliance group budget manager, California border alliance group methamphetamine strike force coordinator, California border alliance group network administrator, California border alliance group ope ration s/i ntell ig e n ce coordinator, California border alliance program manager, California border alliance · group program analyst, California border alliance group management assistant, and California border alliance group network assistant. SECTION II: This ordinance shall take effect and be in full force and effect upon its second reading and adoption. Submitted by: Approved as to form by: · ~~~~}\ Marcia Raskin Ann Moore Director of Human Resources City Attorney J:AtìorneylOrdinances/Unclassified position ord 11 16 04 · · J:\Attorney\Ordinance\Unclassified Position Ord. 11 16 04.doc Page 2 of 2 1-2 · COUNCIL AGENDA STATEMENT Item No.: :;L Meeting Date: 11/23/2004 ITEM TITLE: Consideration of request for designation of 181 Madrona Street as Historic Site #65- the Almond Pickering House. Resolution of the City Council of the City of Chula Vista designating 181 Madrona Street as a Historic site and placing 181 Madrona Street, the Almond Pickering House, on the City of Chula Vista List of Historic Sites in accordance with the Municipal Code Section 2.32.070(A). SUBMITTED BY: Director of Planning and Building ( REVIEWED BY: City Manager ~ (4/Sths Vote: Yes _ No-.X) The property owners, Tony and Celina Garza, have requested that their property at 181 Madrona Street, the Almond Pickering House, be considered for inclusion on the Chula Vista List of Historic Sites. (Attachment 1) The Environmental Review Coordinator has determined that this project is exempt per the California Environmental Quality Act (CEQA), Section 1533, Class 31, Historical Resources Restoration and Rehabilitation. RECOMMENDATION: Staff recommends that the City Council find that 181 Madrona Street meets the local criteria for designation of a site and therefore should designate 181 Madrona Street, the Almond Pickering House, as Historic site #65 on the City of ChuIa Vista List of Historic Sites. BOARDS/COMMISSIONS RECOMMENDATION: The Resource Conservation Commission recommends that the City Council designate 181 Madrona Street, the Almond Pickering House, for inclusion on the Chula Vista List of Historic Sites as it is a home of distinctive architecture within one of the fIrst housing tracts in Chula Vista. (Attachment 2) DISCUSSION: 1. Municipal Code Authority In accordance with Section 2.32.070 of the City Of Chula Vista Municipal Code, the RCC shall recommend to the City Council the designation of any site, which it has found to meet the local criteria as a historical site. 2-1 -~_.. - ..--". ._'_'..._"_n_____ _ __.....__..._. Page 2, Item No.: ;¿ Meeting Date: 11/23/2004 The City has adopted six criteria that are used to determine if a particular property should be included on the Historic Site List. (Attachment 3) A site must be found to meet at least one of the six criteria to be selected for designation. 2. Past History 181 Madrona Street, identified as the Almond Pickering House, was part of the 1985 City of Chula Vista Historic Resources inventory. However, at that time, the home was not included on the Chu1a Vista List of Historic Sites. In 2001, the owners of the property submitted a request for historic designation consideration. On October 15,2001 staff presented the owner's request to the Resource Conservation Commission. At that time, the RCC recommended the house for designation, with the stipulation that the brick façade and carport be removed. (Attachment 4) However, subsequent to the RCC's recommendation, the owners Steve Cooley and Ethel Carter elected to rescind their application and not proceed forward to Council for designation. (Attachment 5) Since that time, those owners have sold the property to the current owners, Tony and Celina Garza. With the knowledge that the house was once recommended for designation, the Garza's decided to pursue designation of the property once again. The brick façade has since been removed and the current owners intend to remove the carport. They have applied to participate in the Mills Act Program, as well. 3 . Architectural Sty Ie This house is classified as a Bungalow. Bungalow style architecture was developed for simplicity, as well as style. Bungalows were meant to counter the excess of previous architectural styles by reverting to an arts and crafts approach. It was to bring style to all people regardless of economic or social status. Features include: · Low-pitched roof · Wide eaves with exposed roof rafters · Decorative braces · Porch with square columns · Built in cabinets, shelves, and seating 4. Historical Context . Around 1908 there was a shift from large orchard homes and mansions to new types of housing. Financial hardships and the growth of the Chula Vista gave way to simpler and less costly homes. This home is located within one of the first tracts of modest housing in Chula Vista, the Gulick Tract. More than likely, named after Henry Gulick an important rancher in early Chula Vista. Smaller compact homes were built along "F" Street and on Cypress Street, which comprise the boundaries of the Gulick Tract. 5. Features of the site According to the Historic Resources Inventory, 181 Madrona is a rectangular, one story house . that features a medium, side facing gable roof with exposed rafter ends and knee braces, built 2-2 Page 3, Item No.: ~ Meeting Date: 11/23/2004 approximately in 1927. The house has horizontal clapboard siding and vents in the gable ends. Windows in the house are double hung. The home is symmetrical in design and the most interesting feature is a hood over the entrance centered on the façade. The gabled hood has a curved underside and is supported by braces. The hood reflects the lines of a small cross gable on the house roof just above it, and adds a hint of the Colonial Revival to this house. (Attachment 6) 6. Significance The significance of this home is that it embodies the distinctive characteristics of a type, period or method of construction of bungalow style architecture. (Attachment 7) 7. Conclusion To qualify for designation based upon distinctive architecture, it must be determined that a home is a true representation of its architectural style and that the property is significant within its determined historic context. As was previously, as well as recently, recommended by the RCC, this house should be considered for designation because it retains the original features that identifY it as a California bungalow. Staff recommends that the City Council designate 181 Madrona Street as Site #65 on the Chula Vista Historic Sites List for being a home of distinctive architectural style constructed within one of the first tracts of modest homes in Chula Vista, meeting Criteria #6, having distinguishing architectural characteristics. It is further recommended that it be required that the carport be removed as part of the Mills Act Program. FISCAL IMPACT: There is no fiscal impact associated with the inclusion of 181 Madrona Street, the Almond Pickering House, on the Chula Vista's List of Historic Sites. Attaclunents: 1.) Application for Designation 2.) Resource Conservation Commission minutes/October 4, 2004 3.) Local Historic Criteria 4.) Resource Conservation Commission minutes/October IS, 2001 5.) Historic Resources Inventory Worksheet 6.) letter of Rescission 7.) Photos of the property 8.) Resolution J:\Planning\Lynnette\historic designation\Council Reports\181 Madrona Agenda Statement. doc 2-3 /' -",. J'~. , ...,. ""f - ~, -- , ~ . -- ..- -II> "- ) / .~. --:.' CITY OF CHULA VISTA PLA"N""NING &: BUILDING DEPARTMEJ-:T Hisl . D. . CI1Y OF 2ï6 Fourrh A\'=nu= onc eSI£natIon CHUL<\ \ÌbL'!" Chula VislZ. CA 919]0 APPLICATION FORM APPLIC\..i"H/OWI\"'ER INFORMA nON Case #: Applicant/Owner Name: . Date Submitted: ";;:l.ð I~·' r.q J ~ ~ ., ¡ ~ . . ,. f\ /' ... ". .-. A pphcant/Owner Address. , y, ,.., 'n . P ¡, ,,10 ~.{ l7 {'ì. M .f r l/:f )('"1. Q l' ~ C'> C·' I· I ';7. .7' N~. Phone: . '-' , . 1- . :j, '. 15'1 17 q. /:ð-flo,"-- ".' 'j-- ( Secondary Owner Name: Cr. I ,II A /, ¡. ft í.J~, . ~.,...._ . 7,"1)' ¡:. . (i. ' .It ., ,"'" ¡'", Owner Adaress: ~,L'-.4-.. l¡ ,,'t' ðflJ.:..c.1 . 'iT /Ij. t_ 1 d¡ ().() (.f. 0'," \""_ . Phone: /10)..... K .. è ì =-.WNERAPPROVAL NAME: NAME: SIGNATIJRE:"' . SIGNATURE: _ DATE: f' I ,~o(1 ,,../ v' DATE:; t. ~, '.'1 .. i II PROPERTY INFOR.i\1...·HION I Property Address: (1) :¡ d / II (Y ('... Common name: J Historic name: A I h (¡ r-' L PI cI\ è... ( ",) Year Built; 19..2 ì Approximate Property size (in ieet) or approximate acreage f6ôil ~,(- Ownershio is: Private~ or Public Present ~se: It ~LI,¡("'/ ,JI..!.f: A,...,l:~ ~.. Original Use: f~i5"; Jrr'o/ 1, ~\ Architectural Style: l' "N -/Cl·"., ... P,ssessor's Parcel Number (Required): :; {, (f· i 42." I $-' Zone: 5;. r. ~ II mSTORIClLANDMARK INFORMATION II Use the reverse side oi this iorm or a separate piece oi paper may be' attached ior questions 1-3. 1. Please describe, in detail, historical aspects oi the site or structure as well as any other signiiicant iactors which may determine the property as a historic site/landmark (Le. special aesthetics; cultural, architectural, or en;¡ineering iactors; and any dates, events, or persons associated with the site or structure).. See attached established criteria for designation. 2. Has the site or structure been altèœd in any way irom its original design? Yes No;< (Ii yes, explain) 3. Briefly describe the present physical condition oi the property include a rating of poor, fair, good, or ovco1iont . ' /'" / /' ,. ~^ -'-'. /,'1. .'J'.. ." D,'.,,- <"-P.'"'-'c.l¡Ji:v.--- .. 7'f--, '''. ''''- 2-4 .71. -----~-_.- DRAFT RCC Minutes -4- October 4. 2004 stipulation that landscaping and other efforts be implemented to distinguish the home from the 6- unit apartment complex on the same lot and recommend for the Mills Act. MSC (JaseklDiaz) to recommend 254 Fifth Avenue for inclusion on the Chula Vista Historical Sites List with staffs recommendation that ¡mdscaping and other efforts are accomplished to distinguish the home from the apartment complex on the same lot. Ms. Georgie Stillman (580 Twin Oaks Avenue, Chula Vista, GA) reported that the landscaping has been improved to separate the apartment façade from the historic house. The apartment tenants are not allowed to park in the front anymore. The porch has almost been completed and is screened with attractive greenery to give the appearance of the flow of that porch around the entire "L". The historic moldings and work that are on the back have been taken back to the original. Vote: (6-0-1-0) with Bensoussan abstaining. 3. 181 Madrona Street, Historic Designation and Mills Act Contract Ms. Tessitore-Lopez reported that the Ree recommended this site far designation on October 15, 2001, with the condition that the brick façade and carport be removed. After the Ree recommendation for inclusion, the previous owners rescinded their application. The current owners have requested re-consideration. The brick façade has been removed, and the current owners intend to remove the carport. The significance of this home is attributable to its architecture as a bungalow and its location within one of the first tracts named after Henry Gulick. The applicants have also applied to participate in the Mills Act Program. ~ n -A ~m DRAFT RCC Minutes - 5 - October 4. 2004 Staff Recommendation: That the RCC reconsider this house for inclusion on the Chula Vista Historic Sites List and recommend for the Milis Act. MSUC (Thomas/Bensoussan) to recommend 181 Madrona Street for inclusion on the Chula - Vista Historical Sites List with the condition that the carport be removed. Discussion Chair Reid stated that, when he drove by the house, it was for sale. It is his understanding that any Mills Act conditions would stay with the land not the ownership. Ms. Tessitore-Lopez responded in the affirmative. The owners just moved into the h0':1le, and they are testing the market, but will probably not sell the home. Vote: (7-0) 4. 238 Second Avenue, Historic Designation and Mills Act Contract . Ms. Tessitore-Lopez presented the staff report for 238 Second Avenue. She noted three corrections in the 'history of the house' document that the applicant had submitted. DRAFT --- ~~~ :~-~ ~§:5~ CIlY OF CHULA VISTA In order to qualify for designation a site must be found to meet at least one of the following six criteria: 1. Bears a relationship to overall heritage on a local, state, or national basis. This Mission of San Diego, for example, is local but is also part of a statewide system that is recognized nationally. 2. Relates to a historic personage who playéd an important role historically, on a local, state, or national basis. However, the individual need not be known nationally, as long as it was someone who made a significant contribution on a local basis. Ideally, this includes a site where the individual lived or where a noteworthy historical contribution or achievement took place. 3. May be a site where an important event took place. This would be an event symbolic of a phase of history that could reach the national level. The site of the signing of a historic document, for example, will satisfY this criterion. 4. The site should have distinguishing architectural characteristics that are identifiable. This includes structures of a particular architectural style recognizable today. 5. The site may be archaeo10gically significant in its association with pre-history of the area. a site demonstrating existence of an ancient community (indians indigenous to the area, for example) could satisfy this criterion. 6: Has integrity. This is where the site continues to have evidence of the original features. Enough of the original structure or the site is intact to be distinguishable as having historical value. 2-7 ---,-,-----,~- RCC Minutes -4- October 15. 2001 Commissioner Bensoussan asked Ms. Lugo if she understood about historic permits. Ms. Lugo responded in the negative. Chair Bull suggested that staff make the historic permit material available to owners. Ms. Lugo was not aware that it was two separate items. She is interested in the Mills Act. She was not aware of the requirements under a permit. Ms. Tessitore-Lopez stated that she would send that information to her. Commissioner Bensoussan stated for the record that the code needs revising. It affords no real direction. Ms. Ponseggi indicated that the General Plan that is being updated needs to have very strong policies regarding historic preselVation in order for staff to have a code that has real teeth in it. All of the land use regulations stem from the General Plan, and if the General Plan is silent on something, it makes it that much more difficult to adopt ordinances because staff does not have a policy direction. The City does not have a historic preselVation code now. What the policy says is: "other duties of the RCG". 4. Request for Designation of the Almond Pickering House, 181 Madrona Street Ms. Tessitore-Lopez reported that this house is part of the Chula Vista Historic Resources Inventory but not included in the official list of historic sites. The house was built in 1929 and is a late version bungalow with a hint of Colonial Revival. The house may meet Criteria #4 and #6. However, the additions of a carport and brick façade are features that are not found in this type of architecture and may compromise the historic integrity of the structure. Staff requests that the Commission specifically address the carport and brick façade to determine the impact of these features with respect to the criteria for designation. Commissioner Bensoussan noted that the staff report under BACKGROUND was incorrect. The house is 'east' of Second Avenue and 'west' of Elm Averiue. She had looked at the house, and the brick seems more ominous in the photograph than it does in person. The carport is actually ¡:¡ design feature that was used in a lot of houses at the beginning of the century except this is a modem version. She would recommend that.theowner make a few changes to give it a more authentic look. Chair Bull stated that the question the RCC has to decide, even if the house did not have the brick work and carport which definitely detracts from its original nature, is to what extent the RCC is going to list California bungalows because there are so many of them. Ms. Ethel M. Carter (Secondary Owner, 181 Madrona Street, Chula Vista, CA 91910) stated that they have already started taking the bricks down. 2-8 "-..- -----~ RCC Minutes - 5- October 15. 2001 Commissioner Bensoussan had an alternate point of view to present since she has lived in the historic core of Chula Vista for a number of years. It is precisely these charming little bungalows that give the neighborhood its integrity. What they do in San Diego is designate a District and ask the owners of all the houses that are contributing to that district be part of what makes it a historic designation. So in that context, this is a wonderful street. The owner has shown in her report that she wants to contribute to the preservation of that street. That is one of those streets in Chula Vista that is really quite well preserved. If you go down other streets in Chula Vista, you see one after another of these bungalows stuccoed over. Commissioner Bensoussan thought it would behoove the RCC to designate as many of these bungalows as possible. She thought it was important not to say: "because there are a lot of them, we don't need to pay any attention to this one". They are rapidly disappearing. Chair Bull stated that Commissioner Bensoussans' point about the district was probably the only bases on which he could support. The RCC needs to know to some extent where those areas are. Ms. Tessitore-Lopez stated that staff is currently working on historic designation and inventory mapping with GIS. In the future, she would be able to show the relationship to other historic homes, ones that were designated and ones that were included in the inventory. Commissioner Burrascano stated that she could not recommend designation with the brick on the house. MSC (Thomas/Bensoussan) to declare this as a historical designation with the understanding that the contemporary bricks are removed prior to it going to City Council for consideration. Vote: (4-0-0-2) with Reid and Diaz absent. ENVIRONMENTAL REVIEW COORDINATOR COMMENTS: None. . CHAIR COMMENTS: None. ,- COMMISSIONER COMMENTS Commissioner Burrascano would like to see the Otay Water District golf course burrowing owl monitoring report. She is having a hard time determining if the mitigations that were required for burrowing owls are successful or not. The cases that she knows of do not work. Ms. Ponseggi suggested that Commissioner Burrascano contact the Otay Water District directly about their burrowing owl relocation program; however, what she has been advised by the City's biological monitor for Rolling Hills Ranch is that the . joint relocation program (Rolling Hills Ranch/Otay Water District) has been successful. Ms. Ponseggi stated that she would follow-up on the latest monitoring report to verify the current condition of the monitoring program. ?-Q State f)f Ca ifcria - The Auourcas Ag.-nc;y Ser. No. DEPARTMENT DF ?ARKS AND RECREATION HABS HAER NR _ SH~ UTM:A 4931~ B 361 74lJ Loc_ HISTORIC RESOURCES INVENTORY C D IDENTIFICATION 1. Common name: 2. Historic name: Almond Pickering House 181 Madrona Street 3. Street or rural address: Chula Vista 92010 San Diego City Z;p County 4. Parcel number: 569-142-15 5. Present Owner: Address: 181 Madrona Street City Chula Vista Zip 92010 Ownership is: Public Private X 6. Present Use: residential Original usa: residential DESCRIPTION 0- 7a. Ard'1itectural style:. Bungalow 7b. Briefly describe the present physical descrjprÎon of the site or structure and describe any major aiteratiof1s from its original condition: Legal: GUlick, Blk 2, Lot 13 This rectangular, one story house features a medium, side-facing gable roof with exposed rafter ends and knee braces. The house has horizontal clapboard siding and vents in the gable ends. Windows in the house are double hung. The home is symmetrical in design and the most interesting feature is a hood over the entrance centered on the facade. The gabled hood has a curved underside and is supported by braces. The hood reflects the lines of a small cross gable on the house roof just above it, and adds a hint of the Colonial Revival style to this house. 8. Construction date: Estimated 1930 Factual 9. Arch it= unknown 10. Builder unknown 11: Approx. proPIJI"t¥ size (in f~t¡ Frontage 66 Deoth128 or approx. acreage 12. Datel,) of endosed photogr"","I,) 1985 -~-~~_._~._~-~-_._---_.. ~. _~~~~__~___~~ _ __ _~~~~______ __,_.._.'"_._" ____ _ ___..__.~ _ __ ~..______~____..M..~.__ ,_,,, '.. 13. Condidon: Excollent _Good -X- Fair _ Deteriorated _ No longer in existena _ 14. Alterations: none apparent . . 15. Surroundings: (01ecl< more than one if necl!ssary) Open land _Scattered buildings _ Densely built·up ~ Residential ~Industria _Commercial_Other: 16. Threats to .site: None knawn~Private development_ Zoning....:-- Vandalism _ Public Works project _ Ot!1er: 17. Is the structUre: On its original site? X Moved? Un known? ia. Related feirt\Jr..: garage, trees SIGNIFICANCE 19. Brieflv state historical and/or ard'1itectUra! importanC3 (include diteS. events. and penons a.s.sociated with the site.) Almond J. Pickering and his wife, Minnie, bought this property on April 16, 1929 and on October 1, 1929 had the water connected. The house was constructed in late 1929 or early 1930. The house retains integrity of design and materials and is a late version of the bungalow with a hint of Colonial Revival. ( Locational sketch maø (draw and label site and surrounding streets. roads, ~nd prominent landmarks): 20. Main theme of the hi~ric resource: (If more than one is ír" checked. number in order of impcrtanC2.) ArchitectUre X Arts & Leisure E~nom ic/lndustrial _ Exploration /Settlement Government Military R .lig;On Soci~/Edw::rtion 21. Sau~ (Un book.s.. documems. surveys, personal interviews , and th..if dates). City directories CV Tax Assessment Rolls Water Records Assessor's Records 22- Dote form prepored 9-10-1985 By (name) K Webster o rganiZ3tio:n Citv of Chula vista Addr...: t> IÎ ~f"'\V 1 nR7 CitY Chula vista Zip 92012 Pt'Ione: 6.91-5101 ,', . 2-11 . To: Resource Conservation Commission -. :~; -7~:-7.,):._ Cy- if~~" Chula YISta, CA. December 05 2001 ; i , , n~(' .' , . I.i ,."." . . . ~v ¿Jlj¡ .' '-. . From Steve G. Cooley/Ethel M. Carter L___-=--TE~;S~=~-1 ..i 181 Madront:l Street Chula Yista. CA. 91910 Letter of Recension We (Steve G. Cooley and Ethel M. Carter) deeply regret having to write this letter of recension. but at this time due to possibk future modijications to the house, for instance an addition of a stažrcase to the side of the house to access the attic. another Window. etc.. it would no longer be kept in it's original state and would not meet the standards of being an historical hOU3e. Wefeel thIlt these 1fl()dijlcations would cbtmge the structure thus changing the character. So at thi3 time we are asking that the PicJcering House located at 181 Madrona Street žn ChuJa Y"lSta, CA. be deletedfrom the list/or designation as an historical site. We also ask that you delete OUl' application that we submittedfor the Milia Act. '. \ ~I -, ~~;&~ Steven G.Cooley Ethel M. Carter , .' 2-12 _ _~_w _...____ ,_..__~.__.__._.~.___________ __________ .__ '_"'.__'_".._' _._._ __________ ...~ ~ "I.., ~ ~ - "."",," ~- If. . .. I" . I ~ . \ ;"1 t. .... ti~ "" '. ','Ii' .',."" If'.~ -~ ,:;;; j ,'.0' 'C' ':Z '2'.'£ }~! ~.1.....-r'_< ~;~ -=-- '1 J X1 . .:.. ; I .._~ ~fC= u_ .~ .. I .¡ ~~__ - - III'! _ <> Þ-~.."'!fi ~ ~ 0 '~~~~~"~~~'--~ F <P'"":" =-- -~ ~ .." - . -~ --:c. " ::.--- ~ .~ ~ \ <11II;:;" \\:. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING 181 MADRONA STREET AS A HISTORIC SITE AND PLACING 181 MADRONA STREET, THE ALMOND PICKERING HOUSE, ON THE CITY OF CHULA . VISTA LIST OF HISTORIC SITES IN ACCORDANCE WITH THE MUNICIPAL CODE SECTION 2.32.070(A). WHEREAS, 181 Madrona Street (APN 569-142-15-00) is a Bungalow constructed around 1930; and, WHEREAS, staff received communication fÌ"om the property owners, Tony and Celina Garza, requesting that their home, 181 Madrona Street, be designated as a historic site on the City of Chula Vista List of Historic Sites; and, WHEREAS, State of California Historic Eligibility Criteria requires that a site be found significant at a local, state, or national level, under one or more of the criteria for designation; and WHEREAS, the Resource Conservation Commission determined that 181 Madrona Street meets one of the local criterion for designation because it is shown that it has distinguishing architectural characteristics as Bungalow style home built in one of the first housing tracts in Chula Vista; and, WHEREAS, the Resource Conservation Commission at their regular meeting on October 4, 2004 voted 7-0-0-0 to recommend that the City Council place 181 Madrona Street, the Almond Pickering House, on the City of Chula Vista List of Historic Sites; and WHEREAS, the Environmental Review Coordinator has determined that this project is exempt per the Califomia Environmental Quality Act (CEQA), Section 15331, Class 31, Historical Resources Restoration and Rehabilitation. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the designation of the 181 Madrona Street, the Almond Pickering House, as a Historic Site and determines that it is hereby placed on the City of Chula Vista List of Historic Sites as Historic Site # 65. Presented by: Approved as to fonn by: Vo.-. 7. t.!c- James D. Sandoval Ann Y. Moore Director of Planning & Building City Attorney 2-14 ,-------- - _._.__.._._-~._.~._----_._--~---~-~- COUNCIL AGENDA STATEMENT Item No.: 3 Meeting Date: 11/23/2004 ITEM TITLE: Consideration of request for designation of 186 Cypress Street as Historic Site #67- the James Williams House. Resolution of the City Council of the City of Chu1a Vista designating 186 Cypress Street as a Historic Site and placing 186 Cypress Street, the James Williams House, on the City of Chula Vista List of Historic Sites in accordance with the Municipal Code Section 2,32.070(A). SUBMITTED BY: DHtt"" of Plnming "'" Buildmf REVIEWED BY: City Manager W (4/Sths Vote: Yes _ No-.X.) The property owners, Olivia Fernandez and Juan Carlos Fernandez, have requested that their property at 186 Cypress Street, the James Williams House, be considered for inclusion on the Chula Vista List of Historic Sites. (Attachment 1) The Environmental Review Coordinator has determined that this project is exempt per the California Environmental Quality Act (CEQA), Section 1533, Class 31, Historical Resources Restoration and Rehabilitation. RECOMMENDATION: Staff recommends that the City Council fmd that 186 Cypress Street meets the local criteria for designation of a site and therefore should designate 186 Cypress Street, the James Williams House, as Historic site #67 on the City of Chula Vista List of Historic Sites. BOARDS/COMMISSIONS RECOMMENDATION: The Resource Conservation Commission recommends that the City Council designate 186 Cypress Street, the James Williams House, for inclusion on the Chu1a Vista List of Historic Sites as it is a home of distinctive architecture within one of the first housing tracts in Chula Vista. (Attachment 2) DISCUSSION: 1. Municipal Code Authority In accordance with Section 2.32.070 of the City Of Chu1a Vista Municipal Code, the RCC shall recommend to the City Council the designation of any site, which it has found to meet the local criteria as a historical site. 3-1 - _...~._._.._._.__..--~- Page 2, Item No.: 5 Meeting Date: 11/23/2004 The City has adopted six criteria that are used to determine if a particular property should be included on the Historic Site List. (Attachment 3) A site must be found to meet at least one of the six criteria to be selected for designation. 2. Past History The City Of Chula Vista Historic Resources Inventory prepared in 1985 states that the home was built approximately in 1922. The house was built for James and Sadie Williams. It is a part of the Gulick Tract, a tract of simpler, less costly homes of the early 1900's. As throughout California, variations of bungalows were the predominant style of homes built in Chula Vista in the 1920's. 3. Architectural Style Bungalow style architecture was developed for simplicity, as well as style. Bungalows were meant to counter the excess of previous architectural styles by reverting to an arts and crafts approach. It was to bring style to all people regardless of economic or social status. Features include: · Low-pitched roof · Wide eaves with exposed roof rafters · Decorative braces · Porch with square columns · Built in cabinets, shelves, and seating 4. Historical Context Around 1908 there was a shift from large orchard homes and mansions to new types of housing. Financial hardships and the growth of the Chula Vista gave way to simpler and less costly homes. This home is located within one of the first tracts of modest housing in Chula Vista, the Guilick Tract. This tract of homes is most likely named after Henry Gulick, an important rancher in early Chula Vista. Smaller compact homes were built along uF" Street and on Cypress Street, which comprise the GuiIick Tract. 5. Features of the site According to the Historic Resources Inventory, 186 Cypress Street has a low cross gable roof with wide eaves, exposed rafter ends, and knee braces with a double gable that faces the street. The lower right side of the house roof has been extended forward to form the right half of a small street facing gable roof that shelters an enclosed entrance porch. The house also includes vents in the gable ends, an exterior corbelled brick chimney that pierces the eave on the right side, and horizontal clapboard siding. At the time of the inventory it was noted that some of the windows have been replaced by aluminum sliding sashes. Subsequent to the inventory, a vinyl window and sliding glass door had been installed on the east side of the house, as well. Staff spoke to the applicant in regard to the windows, and the owner is committed to restore all the windows to their original character and has applied to participate in the Mills Act Program. From all research 3-2 Page 3, Item No.: .3 Meeting Date: 11/23/2004 documentation, including Sanborn Maps and oral communication to the owner ftom an original resident of Cypress A venue, the windows are the only modification to this home. The porch appears to have been enclosed at some point, however it was more than likely done within the period of significance and enclosed porches are consistent with the bungalow style architecture. (Attachment 4) 6. Significance The significance of this home is that it embodies the distinctive characteristics of a type, period or method of construction of bungalow style architecture. (Attachment 7) 7. Conclusion To qualifY for designation based upon distinctive architecture, it must be determined that a home is a true representation of its architectural style and that the property is significant within its determined historic context. As was previously, as well as recently, recommended by the RCC, this house should be considered for designation because it retains the original features that identifY it as a California bungalow. Staffrecommends that the City Council designate 186 Cypress Street as Site #67 on the Chula Vista Historic Sites List for being a home of distinctive architectural style constructed within one of the first tracts of modest homes in Chula Vista, meeting Criteria #6, having distinguishing architectural characteristics. FISCAL IMPACT: There is no fiscal impact associated with the inclusion of 186 Cypress Street on the City of Chula Vista List of Historic Sites. Attachments: 1.) Application for Designation 2.) Resource Conservation Commission minutes/October 4, 2004 3.) Local 'Historic Criteria 4.) Historic Resources Inventory Worksheet 6.) Photos of the property 7.) Resolution 1:\Planning\Lynnette\historic designation\Council Reports\l86 Cypress Agenda Statement.doc 3-3 .__~_.___._~___~_~_._____...__ ..m _.'______ ____ ___._._,______..._.___ _______ ""': #(P-1 ~\f.? CITY OF CHULA VISTA . r PLANNING & BUILDING DEP.....RTMENT Historic De . ti em Of 2ï6 Founh Avonue sIgna on Q-IUIA VISlÄ Chula Vist2. CA 919]0 APPUCATION FORM I APPLICANT/OWNER INFORMATION Applicant/Owner Name. . D t S b ·itt d . r aeume: Applicant/Owner Address: 1f:tP 1~~S$ ~ . Phone:01~ SB5-J Secondary Owner Name: Owner Address:bQJ ~ns 'Qu.~ 10ÞsT¡ P;J-[P¡, ~D D~ '¡'AÇ¡J5N2., ðAfa4(W Phone: fill,) .c;9h-'jÇ1)"1-· . ) ~APPRO NATvŒ: N : SIGNA : SIGN DATE: . . DATE: -=1--1.5= nl/ f I PROPERTY INFOR'lUTION ·'1 propertyAddres~ ~ ~ Common name: t.elLl\Q, :z... L.C56" Historic name: J~ Ji1Jl¡ A.t1'LS . .Year Built_/9 Z 2.- Approximate Property size (in feet) or approximate acreage Ownership is: Priv~te-+-- or Public. . 1 L _ Present uss:fJ!.l ~J.t~ ~. Ori.9inal use:~1 f\.LItLl¡ ~~ Architectural tyle:LA\ n. . ^l~ Assessor's Parcel Number (Required): 51:!i'-It/;) -D3 Zone: I mSTORICILANDM...\.RK INFORMATION II Use the reverse side of t'1is form or a separate piece of paper may be attached for questions 1-3. 1. Please describe, in detail, historical aspects of the site or structure as well as any other signiñcant factors which may determine the property as a historic site/landmark (I.e. special aesthetics;' cultural, architectural, or engineering factors; and any dates, events, or persons associiTd with tt site or structure). See attached established criteria for designation. J¿., c:rJ'!"' c-~o . . 2. Has the site or structure been altered in any way from its original design? Yes U No f. (If yes, explain) 3. BriefJy describe the present ;;~ical condition of the property include a rating of poor, fair, good, or .- excellsnt. (J - . cl...e~ \ . <:>.LILt. q -- - -".._-- - I' ~. l \qrfi 'tf..;.s ~J....J ðit....:s ~ ~~~ . " I' ~~ 'kL ~ j-,tM- I I tA-~ D-VtŒ6~lo·, ,J\ll.~ ' ~ ~~ O-D~ , ~ ~ . s V'--' ÇLUi~ t , . '1iv.s ~~ 10 :1,: ' VJ~ ~ l~ /-=t-. ]D' - ." ~ ~~Li~ ~S..~ . . ,~~-(D 1% ~ SSj ,,~ W' S d ~ Z~::r5ìì ~S j lJ4J- ,C¡ 21 . ~ k . /Lx6~.1;j. :~'W~~lÚ ~ ~, .' ~ ~_t7 ~f W~M:5 .~ ~ _ ~)C¡ZI.~ ,JLktJ¿ 19 2. ~~ ~ "~~ I~~ ~rw ~ &2~ , ,I I " 1/ - : I I ,j 'II 3-5 ,1 . ·~_··__~··_·_··___._._.·__n_··'·.··.__.._._.._·__.~________....______.'_,____ DRAFT RGG Minutes - 6 - October 4. 2004 Staff Recommendation: That the RGG consider this house for inclusion on the Ghula Vista Historic Sites List for being the home of John M. Davidson, a person important to the history of Ghula Vista as one of the first farmers and landowners in Ghula Vista, arid recommend for the Mills Act. MSUC (Thomas/Diaz) that 238 Second Avenue be recommended for historic designation and the Mills Act. Vote: (7-0) 5. 186 Cypress Avenue, Historic Designation and Mills Act Contract Ms. Tessitore-Lopez presented the staff report for 186 Cypress Avenue. Staff Recommendation: That the RCC include it on Chula Vista's list of Historic Sites as a bungalow style home constructed within one of the first tracts of modest homes in Chula Vista with the requirement that any windows that have been changed be restored as part of the Mills Act Program. MSUC (Thomas/Jasek) that the RGC recommend this home for historic designation and also the Mills Act. Discussion Commissioner 8ensoussan thinks this is a really important street. It's a wonderful bungalow street. We should do all we can to encourage people to prèserve that street. Vote: (7-0) DRAFT ~ ~ ft.- :.~_: -:::~--~ -- - - - CllY OF CHULA VISTA In order to qualify for designation a site must be found to meet at least one of the following six criteria: 1. Bears a relationship to overall heritage on a local, state, or national basis. This Mission of San Diego, for example, is local but is also part of a statewide system that is recognized nationally. 2. Relates to a historic personage who played an important role historically, on a local, state, or national basis. However, the individual need not be known nationally, as long as it was someone who made a significant contribution on a local basis. Ideally, this includes a site where the individual lived or where a noteworthy historical contribution or achievement took place. 3. May be a site where an important event took place. This would be an event symbolic of a phase of history that could reach the national level. The site of the signing of a historic document, for example, will satisfY this criterion. 4. The site should have distinguishing architectural characteristics that are identifiable. This includes structures of a particular architectural style recognizable today. 5. The site may be archaeo10gically significant in its association with pre-history of the area. a site demonstrating existence of an ancient community (indians indigenous to the area, for example) could satisfy this criterion. 6. Has integrity. This is where the site continues to have evidence of the original features. Enough of the original structure or the site is intact to be distinguishable as having historical value. 3-7 '"-. --...-.,. ----- --_._-_._------~_..--,_._----------~.__._--_._-- StaU of California - The ResQurcu Agencv Ser. No. OEPARTMENT OF PARKS ANa RECREATION HASS_ HAER_ NR_ SHL _ L UTM: A 4Q10ñn B 3611300 00_ HISTORIC RESOURCES INVENTORY C D -..... IDENTIFICATION - i:,-.':'~:' 1. Common name: 2. Historic name: James Williams Hause 3. Street or rural address: 186 cypress street Citv Chula vista 92010 San Diego Zip CountY 4. Parcel number: 569-142-03 5. Present Owner: ~ Address: 186 cypress Street CitY chula vista Zip 92010 Ownership is: Public Private X 6. Present Us.: residential Origina~ use: residential DESCRIPTION 7a. Architectural StY'e: BungaloW 7b. Briefly describe the pr.sent physical description of tile site or structur. and describe any major alt.~ti ns fr m·· . . 0 0 IU original condition: . Legal: Gulick Tract, Blk 2, Lot 3 This one story house features a low, crosS gable roof with wide eaves, exposed rafter ends and knee braces. A double gable faces the street. The lower right side of the house roof has been extended forward to form the right half of a small street-facing gable roof that shelterS an enclosed entrance porch. other details of this house include vents in the gable ends, an exterior corbelled brick chimney that pierces the eave on the right side, and horizontal clapboard siding. Some windows in the house have been replaced by aluminum sliding sashes. B. Const.ruction date: Estimate<! 1922 Factual _ g. Arch ¡teet unknown .:":' 10. Builder unknown - - ;1. Approx. propertY size (In foet1.- Frontage 6 6 Depth~ or appro". acreage - 12- Dat~~ g~ enclose<! photograPh - ~.", ." .. - -- -~.__. 13. Condition: Excollent .x-Good _ F.ir _ Deteriar.ted _ Na langer in e¡<¡stendl _ 14. Alteratians: enclosure of porch, aluminum frame windows ., --- 15. Surraundings: (CI1eck more man ane if noœssary) Open I.nd _Scattered buildings _ Densely b~ilt.up ~ Resid.ntial _x.....Jndustlial_COmm.n:i.I_Oth.r: 16. Threan ta .ite: No"," known~Private d...topm.nt_ Zaning _ V.ndalism _ Public Warks praject _ Oth.r: 17. Is m. structUr.: On its original site? X Maved? Unknown? 18. R.t.ted featUres: trees, shrubs, fence SIGNIFICANCE 19. Srieflv state histcricat ind/ar architectUral impartanC;8 (include dates, 8vents, and penons associated with the sits.) In 19-17, James F. williams, an auditor, purchased this lot from Edward Melville.. On August 19, 1921 water was connected to the property and by 1922, this house had been constructed for James and Sadie Williams. The Williams family still lived here in 1932. This house is an example of the 1920s bungalows. Although the home has undergone ,some alterations, the original design is still apparent. i.ocatianal .ketth m.p (draw and lab.t .ite .nd surrounding streeu, roads, and' prcminem landmarks): 20. Main theme of the historic resaun:a: (If more than one is ANORTH checked. number in order of importance~) Arc:hitectU~ X Arts II< Leisure ~ E::onam ic/l ndustrial _ ExplaratianlSettlement .:{ Goyernmem: Military R oligion SocW/'Educatian . 21. Sources (Ust bocks, documena. surveys. penonal interviews .nd m.;r ~..I. Water records City directories CV Tax Assessment Rolls 22- Dati! form preop.ared 9-5-1985 ~ By (nam.) 1< W..bst..r Organizatìon ri~y nf Ch111a vista Address: P.O.Bcx 1087 . CitY Chula Vista Zip 92012 Phone: 691-5101 3-\ ~ ~ ~ ~~ ~~ ~ \J\ ~ V\ "00""(1 3-10 -.-^ -- RESOLUTION NO. RESOLUTION of the City Council of the City of Chula Vista designating 186 Cypress Street as a Historic Site and placing 186 Cypress Street, the James Williams House, on the City of Chula Vista List of Historic Sites in accordance with the Municipal Code Section 2.32.070(A). WHEREAS, 186 Cypress Street (APN 568-142-03-00) is a Bungalow constructed around 1930; and, WHEREAS, staff received communication from the property owners, Olivia Fernandez and Juan Carlos Fernandez, requesting that their property, 186 Cypress Street, be designated as a historic site on the City of Chula Vista List of Historic Sites; and, WHEREAS, State of California Historic Eligibility Criteria requires that a site be found significant at a local, state, or national level, under one or more of the criteria for designation; and WHEREAS, the Resource Conservation Commission determined that 186 Cypress Street meets one of the local criterion for designation because it is shown that it has distinguishing architectural characteristics as Bungalow style home built in one of the first housing tracts in Chula Vista; and, WHEREAS, the Resource Conservation Commission at their regular meeting on October 4, 2004 voted 7-0-0-0 to recommend that the City Council place 186 Madrona Street, the James Williams House, on the City ofChula Vista List of Historic Sites; and WHEREAS, the Environmental Review Coordinator has determined that this project is exempt per the California Environmental Quality Act (CEQA), Section 15331, Class 3 I, Historical Resources Restoration and Rehabilitation. NOW, TIIEREFORE, BE IT RESOLVED that the City Council does hereby approve the designation of the 186 Cypress Street, the James Williams House, as a Historic Site and determines that it is hereby placed on the City of Chula Vista List of Historic Sites as Historic Site # 67. Presented by: Approved as to form by: :b:b.- ì. ~- - James D. Sandoval Ann Y. Moore Director of Planning & Building City Attorney 3-11 "_..._+..._."---+._~-- -'--'~~------'--'~------'---"-'-""-'---'------~~--~---. COUNCIL AGENDA STATEMENT Item No.: + Meeting Date: 11/23/2004 ITEM TITLE: Consideration of request for designation of 20 Second A venue as Historic Site #63- the Rose Barrows House. Resolution of the City Council of the City of Chula Vista designating 20 Second Avenue as a Historic site and placing 20 Second Avenue, the Rose Barrows House, on the City of Chu1a Vista List of Historic Sites in accordance with the Municipal Code Section 2.32.070(A). SUBMITTED BY: D""," of P",""", "'" Building f REVIEWED BY: City Manager P (4/Sths Vote: Yes _ No-X) The property owner, Philip Lopez, has requested that his property at 20 Second Avenue, the Rose Barrows House, be considered for inclusion on the Chula Vista List of Historic Sites. (Attachment 1) The Environmental Review Coordinator has determined that this project is exempt per the California Environmental Quality Act (CEQA), Section 1533, Class 31, Historical Resources Restoration and Rehabilitation. RECOMMENDATION: Staff recommends that the City Council find that 20 Second A venue meets the local criteria for designation of the site and therefore should designate 20 Second Avenue, the Rose Barrows House, as Historic site #63 on the City of Chula Vista List of Historic Sites. BOARDS/COMMISSIONS RECOMMENDATION: The Resource Conservation Commission recommends that the City Council designate 20 Second Avenue, the Rose Barrows House, as it is one of the few large Colonial Revival homes remaining in Chula Vista. (Attachment 2) DISCUSSION: 1. Municipal Code Authority In accordance with Section 2.32.070 of the City Of Chula Vista Municipal Code, the RCC shall recommend to the City Council the designation of any site, which it has found to meet the local criteria as a historical site. 4-1 - - _" - _. ____.__._...___u___,,_...,,__. _ -.---- Page 2, Item No.: Li- Meeting Date: 11/23/2004 · The City has adopted six criteria that are used to determine if a particular property should be included on the Historic Site List. (Attachment 3) A site must be found to meet at least one of the six criteria to be selected for designation. 2. Past History 20 Second Avenue, identified as the Rose D. Barrows House, was part of the 1985 City of Chula Vista Historic Resources inventory and is often referred to as the "big yellow house". However, at that time, the home was not included on the Chula Vista List of Historic Sites. The City Of Chula Vista Historic Resources Inventory prepared in 1985 identifies the home as · Colonial Revival. It is assumed that the home was built around 1927. 3. Architectural Style This home is a Colonial Revival. Features of Colonial Revival Architecture are: · Accentuated ftont door, normally with decorative crown supported by pilasters · Most types have a balanced front entryway/door. · Windows with double hung sashes, typically in adjacent pairs · · Rectangular windows with double-hung sashes · Paired windows 4. Historical Context After 1900, changing architectural ideas and the availability of new materials began to influence design in Chula Vista houses. There was a shift ftom homes built for functional purposes, like orchard homes and homes built exclusively for the more wealthy, large Victorians to homes designed from architectural styles of the past. The resurgence of architectural styles of the past became popular throughout California, as well as in Chula · Vista. 5. Features of the Site According to the Historic Resources Inventory, this house is a Colonial Revival home. The main section of this home is symmetrical with wings to either side. It has a medium, side facing gable roof with wide eaves, a boxed cornice and cornice returns. A stepped back two story section with a side facing gable has been added to the left end. At the right end, a one story section houses a two car garage. In the main section, an open portico with a curved underside and Tuscan column at each front corner shelters the entrance. The portico is · centered on the façade. A large brick exterior chimney stands at the right end of the main section. Other details include, double hung windows, wide horizontal shiplap siding, sidelights flanking the front door and a fanlight over it. The street facing windows on the second floor have shutters. Two large picture windows face the street on the ground floor. Building 4-2 Page 3, Item No.: 4- Meeting Date: 11/23/2004 records indicate the right wing section of the home is an addition. The addition was integrated into the existing structure with the use of similar colors and materials. (Attachment 4) 6. Significance This home would be significant for being one of the few original large 1920's Colonial Revival homes stilI remaining in Chu1a Vista. (Attachment 5) 7. Conclusion 20 Second A venue, though modified with the addition of the right wing, appears to retain the distinctive characteristics of a type, period or method of construction of Colonial Revival architecture. Therefore, staff recommends that the City Council consider 20 Second Avenue for inclusion on the Chula Vista Historical Sites List, meeting Criteria #6, having distinguishing architectural characteristics as it is one of the few large Colonial Revival homes stilI remaining in Chula Vista. FISCAL IMPACT: There is no fiscal impact associated with the inclusion of 20 Second Avenue, the Rose Barrows House, on the Chula Vista's List of Historic Sites. Attachments: 1.) Application for Designation 2.) Resource Conservation Commission minutes/October 4, 2004 3.) Local Historic Criteria 4.) Historic Resources Inventory Worksheet 5.) Photos of the property 6.) Resolution J:\Planning\Lynnette\historic designation\Council Reports\20 Second Ave Agenda Statement.doc 4-3 n'... ___ __ ___________ #f3 CITY OF G1ULA VISTA PLANNING & BUILDING DEPARTMENT Historic Designation ern' OF 2ï6 Founh Avenue CHULA. VISI-\ Chula Vist2. CA 91910 APPLlCA nON FORM I ~ I APPLICANT/OWNER INFORMATION r "- + ~ ,- 1; ! " - . . ~ ~ Case #: Applicant/Owner Name: Date Submitted: Applicant/Owner Address: 0 ~oo~~/q.q3~. '~OL Secondary Owner Name: Owner Addr~ss: Phone: OWNER AP.PROV AL IS REQUIRED NAME: NAME: SIGNA SIGNATURE: DATE: DATE: I PROPERTY INFOR..l\1ATION II Property Address: ;)..ö 5e(:~cll£:;;tA..A.. Cj¡ JIÁ ()¡sk-. r:! ~ìJ Gommon name1k ß~ ie[{()'d lJuuse ) Historic name: Ros Wt fhfA~-e .Year Built: (q). 7 Approximate Property size (in feet) or approximate acreageO , '6 (loWS' Ownership is: Private V or Public Present Use: reS;ðfö\Y . Original Use: rcs~J<I\,~ Architectural Style: Colo\'\ìõ1 Reu\v;J '§'~'-ObD- 1:2- Assessor's Parcel Number (Required): p~~ I ~ ~.tI ~t-- lone: . 1If;i;4 , HISTORIC/LANDM.ARK INFORMATION II Use the reverse side of t'l!S form or a separate piece of paper may be attached for questions 1-3. 1. Please describe, in detail, historical aspects of the site or structure as well as any other significant factors which may determine the property as a historic site/landmark (I.e. special aesthetics; cultural, architectural, or engineering factors; and any dates, events, or persons associated with the site or structure). $ee attached established criteria for designation.. ~ 2. Has t'1esite or structure been altered in any way from its original design? {)ick I is' fj ~ ¡";B oé Yes V No (If yes, explain) /7; 7" 3. Briefly describe the present physical condition of the property include a rating of poor, fair, good, or .- excellent. 4-4 DRAFT . ~~-' -- .,,--,- .-90.-~_..-" . MINUTES OF A REGULAR MEETING OF THE -~ .~- RESOURCE CONSERVATION COMMISSION -..J' ;; ~ ',- October 4, 2004 Ken Lee Building Conference Room , _-!ó1--' <'. ," -. 430 "F" Street - .- . '-.. - .- . .__-_,_,~;:tC22::-- .,._~ " -+- . MEETING CALLED TO ORDER by Chair Doug Reid at 6:02 p.m. "'-Ú-;"<__ / ROLL CALUMOTION TO EXCUSE MEMBERS PRESENT: Chair Doug Reid, Vice-Chair John Chávez, Commissioners Teresa Thomas, Juan Diaz, Stanley Jasek, Pamela Bensoussan and Tracy Means STAFF PRESENT: Paul Hellman, Environmental Projects Manager Lynnette Tessitore-Lopez, Associate Planner Linda Bond, Recording Secretary OTHERS PRESENT: Philip Lopez, 20 Second Avenue, Chula Vista Georgie Stillman, 580 Twin Oaks Avenue, Chula Vista Armando & Bahena Ibarra, 646 Del Mar Avenue, Chula Vista DIù1sFT - __.___n____._ ---.- ........-... DRAFT RCC Minutes -2- October 4. 2004 · APPROVAL OF MINUTES: April 19, July 19, August 2 and September 13, 2004 April 19, 2004 Minutes MSC (JaseklBensoussan) to approve the April 19, 2004 minutes as submitted. Vote: (4-0-3-0) with Thomas, Chávez and Means abstaining. · July 19, 2004 Minutes MSC (DiazlThomas) to approve the July 19, 2004 minutes with the following revision: In Attachment 1, second bullet, delete part of the first and second sentence. · Vote: (4-0-3-0) with Jasek, Chávez and Means abstaining. August 2, 2004 Minutes MSC (JaseklThomas) to approve the minutes of August 2, 2004 with clarification of the last paragraph on page 4. Vote: (5-0-2-0) with Diaz and Means abstaining. · September 13,2004 Minutes MSC (DiazlThomas) to approve the minutes of September 13, 2004 as submitted. Vote: (6-0-1- 0) with Means abstaining. ORAL COMMUNICATIONS: None. · DRAFT DRAFT RCC Minutes - 3- October 4. 2004 NEW BUSINESS 1. 20 Second Avenue, Historic Designation and Mills Act Contract Commissioner Teresa Thomas recused herself from this item. w^-/: Ms. Lynnette Tessitore-Lopez (Associate Planner) presented the staff report for 20 Second Avenue. Staff Recommendation: That the RCC consider 20 Second Avenue for inclusion on the Chula Vista Historical Sites List as being one of the few large Colonial Revival homes remaining in Chula Vista and recommend for the Mills Ad. MSC (DiazlMeans) to recommend 20 Second Avenue for inclusion on the Chula Vista Historical Sites List. Vote: (6-0-1-0) with Thomas abstaining. 2. 254 Fifth Avenue, Historic Designation and Mills Act Contract Commissioner Bensoussan recused herself from this item. ¿J/¡ y.7 Ms. Tessitore-Lopez presented the staff report for 254 Fifth Avenue. Staff Recommendation: That the RCC consider 254 Fifth Avenue for inclusion on the Chula Vista Historical Sites List for being one of the last remaining Orchard Homes in Chula Vista, with the D1ù1FT . _._...____~.._.___.._~.__.__.~___... . _ _'___H__~ _. .. __ .._....._..__. DRAFT RGG Minutes -4- October 4. 2004 stipulation that landscaping and other efforts be implemented to distinguish the home from the 6- unit apartment complex on the same lot and recommend for the Mills Act. MSC (JaseklDiaz) to recommend 254 Fifth Avenue for inclusion on the Ghula Vista Historical Sites List with staff's recommendation that landscaping and other efforts are accomplished to distinguish the home from the apartment complex on the same lot. Ms. Georgie Stillman (580 Twin Oaks Avenue, Chula Vista, CAY reported that the landscaping has been improved to separate the apartment façade from the historic house. The apartment tenants . , are not allowed to p.ark in the front anymore. The porch has almost been completed and is screened with attractive greenery to give the appearance of the flow of that porch around the entire "Ln. The historic moldings and work that are on the back have been taken back to the original. Vote: (6-0-1-0) with Bensoussan abstaining. 3. 181 Madrona Street, Historic Designation and Mills Act Contract Ms. Tessitore-Lopez reported that the RGG recommended this site for designation on October 15, 2001, with the condition that the brick façade and carport be removed. After the RGG recommendation for inclusion, the previous owners rescinded their application. The current owners have requested re-consideration. The brick façade has been removed, and the current owners intend to remove the carport. The significance of this home is attributable to its architecture as a bungalow and its location within one of the first tracts named after Henry Gulick. The applicants have also applied to participate in the Mills Act Program. DRAFT DRAFT RCC Minutes -5- October 4, 2004 Staff Recommendation: That the RCC reconsider this house for inclusion on the Chula Vista Historic Sites List and recommend for the Mills Act. MSUC (Thomas/Bensoussan) to recommend 181 Madrona Street for inclusion on the Chuia - Vista Historical Sites List with the condition that the carport be removed. Discussion Chair Reid stated that, when he drove by the house, it was for sale. It is his understanding that any Mills Act conditions would stay with the land not the ownership. Ms. Tessitore-Lopez responded in the affirmative. The owners just moved into the hOl}le, and they are testing the market, but will probably not sell the home. Vote: (7-0) 4. 238 Second Avenue, Historic Designation and Mills Act Contract . Ms. Tessitore-Lopez presented the staff report for 238 Second Avenue. She noted three corrections in the 'history of the house' document that the applicant had submitted. DRAFT .______·_...·_m..·.·__..__ · DRAFT RCC Minutes - 6 - October 4. 2004 Staff Recommendation: That the RCC consider this house for inclusion on the Chula Vista Historic · Sites List for being the home of John M. Davidson, a person important to the history of Chula Vista as one of the first farmers and landowners in Chula Vista, and recommend for the Mills Act. MSUC (ThomaslDiaz) that 238 Second Avenue be recommended for historic designation and the Mills Act. Vote: (7-0) · 5. 186 Cypress Avenue, Historic Designation and Mills Act Contract Ms. Tessitore-Lopez presented the staff report for 186 Cypress Avenue. Staff Recommendation: That the RCC include it on Chula Vista's list of Historic Sites as a bungalow · style home constructed within one of the first tracts of modest homes in Chula Vista with the requirement that any windows that have been changed be restored as part of the Mills Act Program. MSUC (Thomas/Jasek) that the RCC recommend this home for historic designation and also the Mills Act. · Discussion Commissioner Bensoussan thinks this is a really important street. It's a wonderful bungalow street. We should do all we can to encourage people to preserve that street. · Vote: (7-0) DRAFT DRAFT RCC Minutes -7- October 4. 2004 6. Mills Act Contract, 62 Cook Court (Hazel Goes Cook House) Historic Site #20 Ms. Tessitore-Lopez presented the staff report for 62 Cook Court. Staff Recommendation: That the RCC recommend to the City Council to approve this house for the Mills Act Contract. MSUC (Thomas/Diaz) that the RCC recommend this home for the Mills Act. Vote: (7-0) 7. 646 Del Mar Avenue, Historic Designation and Mills Act Contract Commissioner Bensoussan recused herself from this item. Ms. Tessitore-Lopez presented the staff report for 646 Del Mar Avenue. With limited information available on this home, staff was a bit concerned about the roofline differentiation particularly on a Colonial Revival asymmetrical form. The roofline has been altered. Staff Recommendation: With conflicting limited information available and alterations done to the house, including the roofline and vinyl windows, it does not fit into the category needed to recommend it for inclusion based on architecture. And without more information on who potentially owned it, staff believes it probably was a smaller home of the larger home next door. Based upon that, staff recommends against its inclusion on the Chula Vista Historic Sites List. DRAFT .__~"_ ....._·.·_m__·..._ DRAFT RCC Minutes - 8 - October 4. 2004 Discussion Commissioner Thomas discussed with the owners (Armando & Behena Ibarra) what they would be willing to do to qualify for the Mills Act Program. The owners indicated that they plan to expand the house and do not intend to remove the large fountain in the front yard or go to the expense of changing out the vinyl windows. MSC (Jasek/Diaz) that the RCC accept the staff recommendation not to include this home on the Chula Vista Historic Sites List based on architecture or recommend it for the Mills Act Program. Vote: (6-0-1-0) with Bensoussan abstaining. ENVIRONMENTAL REVIEW COORDINATOR COMMENTS: None. CHAIR COMMENTS 8. Consideration of RCC appointment of a Commission member to represent the Commission at public hearings. MSUC (Bensoussanrrhomas) to appoint the Chair, Vice-Chair, their appointee or the Commissions' appointee to represent the Commission at public hearings. Vote: (7-0) COMMISSIONER COMMENTS DRAFT DRAFT RCC Minutes - 9- October 4. 2004 MSUC (ChávezfThomas) that RCC actions, votes and comments on EIRs and Draft EIRs be forwarded in a timely manner by hardcopy and email to the Planning Commission, and, as appropriate, to other Commissions (e.g., Design Review Committee), and that a RCC representative be present at Planning Commission public hearings on EIRs and Draft EIRs. Vote: (7-0) ADJOURNMENT: Chair Reid adjourned the meeting at 7:45 p.m. to a regular meeting on Monday, October 18, 2004, at 6:00 p.m. in the Ken Lee Building Conference Room, 430 "F" Street, Chula Vista, CA 91910. Prepared by: Linda Bond, Recording Secretary (J:\PlanningIRCCl2004\RCC100404Mins.doc) DRAFT ~-_.. --_..,~~-~--.__.~---_._.- ~~f?- ~~~_: ~~--~ - - ~- CllY OF CHULA VISTA In order to qualifY for designation a site must be found to meet at least one of the following six criteria: 1. Bears a relationship to overall heritage on a local, state, or national basis. This Mission of San Diego, for example, is local but is also part of a statewide system that is recognized nationally. 2. Relates to a historic personage who played an important role historically, on a local, state, or national basis. However, the individual need not be known nationally, as long as it was someone who made a significant contribution on a local basis. Ideally, this includes a site where the individual lived or where a noteworthy historical contribution or achievement took place. 3. May be a site where an important event took place. This would be an event symbolic of a phase of history that could reach the national level. The site of the signing of a historic document, for example, will satisfY this criterion. 4. The site should have distinguishing architectural characteristics that are identifiable. This includes structures of a particular architectural style recognizable today. 5. The site may be archaeo10gically significant in its association with pre-history of the area. a site demonstrating existence of an ancient community (indians indigenous to the area, for example) could satisfY this criterion. 6: Has integrity. This is where the site continues to have evidence of the original features. Enough of the original structure or the site is intact to be distinguishable as having historical value. 4-14 __ ___"__..___..._M" Sl2fn: Qf C.tHor~Î.a - The ResoUl'~ A~ _.No. 05!1'-ARTMeNï OF ?AA1<$ AND A"eate.AnON HASS_ HAEi!_ Ni!_ SHl _ LOÇ_ UTM: A 4q?::;;;n a 3612580 HtSTORIC RESOURCES INVENTORY c 0 IDENTIFJCATlCN ~.. 1. Common name: 2. Historic name: Rose Barrows House 3. Street or rurai address: 20 Second Avenue Ci~" Chula Vista ZiQ 92010 Sa.., Diego County 4. Pares! number: 566-060-12 5- ?resent Owner; 20 Second Avenue AGdtess: CJty Chula Vista Zi!> 92010 x OwnenhiQ is: Public Private e. i'ra$em: u.a: residential Original ......: residential DESCRIPTION 7a.. Archiœctural Style: Colonial Revival 7b. Briefly describe the pP-S2nt physicai dest:ripricn of the siu or strtJetUre and desc.-ibe any major altmttions from in original condition: Legal: QS 136, S 1/2 Lot 4 The main section of this large two story home is nearly symmetrical in design and has a mediU!ll, side-facing gable roof wi~~ wide eaves, a boxed cornice ~,d cornice returns. A stepped back two story section wi~~ a side-facing gable has been added to the left end. At ~I;e right end, a one story section houses a two car garage. In " -" the main section, an open portico with a curved underside ~d a Tuscan col~~ at each front corner shelters the entrance. The portico is centered on the facade. A large brick exterior chimney stands at the right end of the main section. Other details include double hung windows, wide horizontal shiplap siding, sidelights flanking the front door and a f~light over it. The street-facing winàows on the second floor have' shutters. 1'-...0 large picture windows face the street on the ground floor. ... .-. f"" 8. Con.suuction date: 1°27 _ Estimated - J l"actUai 9. ArchiteCt unknown 10. 6uíldgl" 1..l.:.J...~nol'y.¡n - 11. A!>prox. µroC~;1... ¡in Mtl 1"- ~3 186 Fronnge _~:J. 0 O~ - ct" aøprox. acreage 12. Dm(s) of enclosed phctograt:it¡sl 1985 13_ Condition: Exc:e¡Jef1t -..25...Good _ Fair _ Deteriorated _ No longer in existence _ 14. Alterations: none aooarent · 15. Surroundinc¡:s: (Chec.l: more than on. if necessary) Open land _SClttered buildings _ Oen..ly built-up ~ Residential ~Industrial _Commercial _Other: 16. Threan to sit!: None known ~?rivate development_ Zoning _ Vandalism _ Public Works project _ Oth.r: 17. Is the struC'ture: an its original site'? X Moved? Unknown I 18. Relate-d feattlres: landscaping SIGNIFICANCe · 19. Briefly state historical and/or architectural importance Ondude dates. events, and persons associated wi"th the site,) The early history of this house is somewhat obscure. In 1912, J. H. McColloch owned the property and there was no house on this lot -. that time. The property included 2 1/2 acres and was known as the o.~ S 1/2 of Lot , QS 136. In 1913, N. F. Hickory bought the lot and "" constructed a small house. He sold the house in 1920 to Harry Collins w-ho lived at 219 Sea Vale Street, just around the corner. In 1921, Edna Collins ow-ned the hcuse and she sold the property on August 30, 1926 to Rose D. Barrow's. .'\bout the time Rose and James Barrows acquired the parcel, the assessed value of the improvements increased ten-fold indicating the construction of a new house or additions to · the old one. James E. Barrows w·as a tax collector. The Barrows family who lived here for a short time sold the house on March 29, 1927 to Jessie A. Claus. Frank Lynch acquired the house by 1930. Jessie Claus and later Frank Lynch also owned the north one-half of lot 4 on which the house at 10 Second Avenue stood. This house is one of the few large Colonial Revival houses in Chula Vista. ¡:I.t least the main section has few .~ 1.,- any alterations. LOCl.ional ,ketch map (draw and label ,ire and surrounding street3. roads. and prominent landmarks): 20. Main theme of the histOric resource: (If more :han one is ÔNORTH c..,eçked. numbE!r in order of importance.) Ard'1 itec:ure X Arts & 'Leisure Ü · E:::JnomicifnduS'ttÍaJ _E.xpJomioniSettlement Government Military R.I!ligion Social/Eduction 21. Sources (Un book.s~ dOCJrnerra. surveys, pe~sonal interviews anci their d,¡tesl. CV Tax Assessment Rolls City. directories 22. Date form Pf'ep.ared 9-10-1985 - 3y (nam.¡ T{ Npbst?r .. · Organiza-cion ("i 7"V ",f' CMU' a '\/'ista Address: "" n ~f""\V 1~~- City í'h 111.:::1 i¡"; c:;-~ Z:p 9 2 o.~ 2 ?hone: ~q 1 -=i 1 (1 i '--- - ...-. - 4-~6 I , I , ~~~ t::rç ~- . - ~=q '.iiil! frord VietJ :~'T;;:':; '-:'.'" < DlC eJlJd OVLR . ~---_._---------~._.__.,----. - -------,.- - R~r II t ,r .-. - ~" "~,,,,,.,,..-... I . ~ RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING 20 SECOND AVENUE, THþ ROSE BARROWS HOUSE AS A HISTORIC SITE AND PLACING THE ROSE BARROWS HOUSE, ON THE CITY OF CHULA VISTA LIST OF HISTORIC SITES IN ACCORDANCE WITH THE MUNICIPAL CODE SECTION 2.32.070(A). WHEREAS, 20 First Avenue (APN 566-060-12-00) is a Colonial Revival Home constructed around 1927; and, WHEREAS, staff received communication fÌ"om the property owner, Philip Lopez, requesting that his home, 20 Second Avenue, be designated as a historic site on the City of Chula Vista List of Historic Sites; and, WHEREAS, State of California Historic Eligibility Criteria requires that a site be found significant at a local, state, or national level, under one or more of the criteria for designation; and WHEREAS, the Resource Conservation Commission determined that 20 Second A venue meets one of the local criterion for designation because it is shown that it has distinguishing architectural characteristics as one of the few large Colonial Revival Homes remaining in Chula Vista; and, WHEREAS, the Resource Conservation Commission at their regular meeting on October 4, 2004 voted 6-0- I -0 (with Commissioner Thomas abstaining) to recommend that the City Council place 20 Second Avenue, the Rose Barrows House, on the City of Chula Vista List of Historic Sites; and WHEREAS, the Environmental Review Coordinator has determined that this project is exempt per the Califomia Environmental Quality Act (CEQA), Section 15331, Class 31, Historical Resources Restoration and Rehabilitation. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the designation of the 20 Second Avenue, the Rose Barrows House, as a Historic Site and detennines that it is hereby placed on the City of Chula Vista List of Historic Sites as Historic Site # 63. Presented by: Approved as to form by: .I:à- 7. ~- James D. Sandoval Ann Y. Moore Director of Planning & Building City Attorney 4-19 -- _._-----_...~.._. COUNCIL AGENDA STATEMENT Item No.: 6 Meeting Date: 11/23/2004 ITEM TITLE: Consideration of request for designation of 238 Second Avenue as Historic Site #66- the John M. Davidson House. Resolution of the City Council of the City of Chula Vista designating 238 Second Avenue as a Historic Site and placing 238 Second Avenue, the John M. Davidson House, on the City of Chula Vista List of Historic Sites in accordance with the Municipal Code Section 2.32.070(A). SUBMITTED BY: Director of Planning and Building r- REVIEWED BY: City ManagerR (4/5ths Vote: Yes _ No ~ The property owners, Stephen Van Wormer and Susan Walter, have requested that their property 238 Second Avenue, the John M. Davidson House, be considered for inclusion on the ChuIa Vista List of Historic Sites. (Attachment 1) The Environmental Review Coordinator has determined that this project is exempt per the California Environmental Quality Act (CEQA), Section 1533, Class 31, Historical Resources Restoration and Rehabilitation. RECOMMENDATION: Staff recommends that the City Council find that 238 Second Avenue meets the local criteria for designation of a site and therefore should designate 238 Second Avenue, the John M. Davidson House, as Historic site #66 on the City of Chula Vista List of Historic Sites. BOARDS/COMMISSIONS RECOMMENDATION: The Resource Conservation Commission recommends that the City Council designate 238 Second Avenue, the John M. Davidson House, as it was the home a prominent person in Chula Vista history. (Attachment 2) DISCUSSION: 1. Municipal Code Authority In accordance with Section 2.32.070 of the City Of Chu1a Vista Municipal Code, the RCC shall recommend to the City Council the designation of any site, which it has found to meet the local criteria as a historical site. 5-1 Page 2, Item No.: 6 Meeting Date: 11/23/2004 The City has adopted six criteria that are used to determine if a particular property should be included on the Historic Site List. (Attachment 3) A site must be found to meet at least one of the six criteria to be selected for designation. 2. Owner Participation The owners, Stephen Van Wormer and Susan Walter were in attendance when their house was considered for designation at the October 4, 2004 Resource Conservation Commission meeting. A letter has been sent to the property owners notifYing them of the current pending City Council action regarding their property . 3. Past History 238 Second Avenue, identified as the John M. Davidson House, was part of the 1985 City of Chula Vista Historic Resources inventory. However, at that time the home was not included on the Chula Vista List of Historic Sites. The City of Chula Vista Historic Resources Inventory prepared in 1985 states that the home, a modified Victorian, was built in 1889 for John M. and Ann Davidson. In addition to the information provided by the Historic Resources Inventory, the current owners did extensive research on the history of the home as well as the previous owners. (Attachment 4) 4. Architectural Style This home is Victorian style, most closely identified as a modified Folk Victorian. Folk Victorian's are typically less ornate than other Victorian styles that were popular during that era. Common Features of Folk Victorian Architecture are: · Symmetrical facades · Gabled roofs · Simple Decorative Detailing · Lack of textured and varied wall surfaces 5. Historical Context In the late 1880's the San Diego Land and Town Company took a new approach to the development of a city. Typically land companies were only interested in selling land for a profit. San Diego Land and Town Company wanted to induce permanent settlement. In order to discourage speculation of land in Chula Vista, the Company required that every house be built "of approved taste and plan to cost not less than $2,000.00." Property owners were also required to construct within six months of the date the lot was purchased. The first tracts were of substantial size with lots typically not less than 5 acres. The predominate architectural style of homes constructed in Chula Vista during the late 1880's and early 1890's was Victorian. 5-2 Page 3, Item No.: :J Meeting Date: 11/23/2004 6. Features of the site 238 Second A venue was one of the fust developed parcels. According to the owner's research, the neighboring Davidson Street was named after John M. Davidson, the first owner of 238 Second A venue. 238 Second has been subsequently modified. The modifications have been integrated into the original structure with use of similar materials but are identifiable by the resulting asymmetrical, imbalanced façade. According to the Historic Resources Inventory, this home is a modified Victorian. The house has a high cross gable roof with carved brackets and modified rake boards. A collar tie and king post with curved struts strengthen the rake boards in the ftont gable end. The feature is graced by a rosette and pendant. Other details include to ornate chimneys, one interior and the other exterior, and double hung windows. Shiplap siding with wide corner boards sheath the exterior. A previous open front porch at the left ftont corner has been modified and enclosed. The porch features a hip roof, full length shutters on each side of the porch entrance door, embedded pillars, and rectangular windows. Other windows in the house may have modified, as well. (Attachment 5). 7. Significance Though this home has been modified, it is one of the first homes in Chu1a Vista. More significant is that it was the home of John M. Davidson, one of the first residents and property owners in Chula Vista, who a street in Chula Vista is named after. (Attachment 6) 8. Conclusion The architectural modifications to this home may have comprised the integrity of the original architecture. However, it may be determined to be significant for its relationship to a historic personage. Therefore, Staff recommends that the City Council consider 238 Second A venue for inclusion on the Chula Vista Historical Sites List, meeting Criteria #2, relates to a historic personage who played an important role historically on a local level, for being the home of John M. Davidson, one of the first farmers and civically involved landowners in Chula Vista. FISCAL IMPACT: There is no fiscal impact associated with the inclusion of 238 Second Avenue, the John M. Davidson House, on the Chula Vista List of Historic Sites. Attachments: 1.) Application for Designation 2.) Resource Conservation Conunission minutes/October 4, 2004 3.) Local Historic Criteria 4.) Owner Research S.) Historic Resources Inventory Worksheet 6.) Photos of the property J:\Planning\Lynnette\historic designation\Council Reports\238 Second Avenue Agenda Statement.doc 5-3 -~.. --"."~-_.__.._,..-. - --.- -- -- ------ V I - '-t:' CITY OF GruLA VISTA PL"'-}''NING !i:. BUILDING DEPARTMENT Historic Designation CI1Y OF 2ï6 Fourth Avenue Q-IUL~ VlS!A Chula ViS"'- CA 91910 APPUCATION FORJ\1 II APPLICANT/OWNER INFORMATION II~ Case #: Applicant/Owner Name' Date Submitted: Applicant/Owner Address: ~?, R s.e.~ .Pro-e. . Phone: ( Gzi'i ') 4 'J-.{Q.-5' OC\ Secondary Owner Name: f)\.L:) c.: V'\ 1), Lù evl +e.r Owner Address: ;;;l3S $e c...onc\ ~. Phone: ( (" I q) 4bl to - 51 09 NA1v1E: SIGNATURE: DATE: I PROPERTY INFORl\1ATION II Property-Address: .;t,"::¡ ~ Se..Cf)Y\J ~. ì ChN.-/o.... V.'5+0"',; CAe¡ I 9 10 Common nameJ)o....v ìd 50'" t-tO u.S-e.. Historic name1)a..vìd. So n H-CHAS-e. Year BuiltCO-' IgCfO Approximate Prop~rty size (in feet) or approximate ecreage 1/'2... a..c..ï!, ~ Ownership is: Private "j.... or Public b-,'Q\.l.S€.iS @3,oaos"\:¡. é€.T . h t) yy\ -e. Present Use: h t) VV\. e Original Use: Architectural Style: Sa..s+1 GLIL e . Assessor's Parcel Numœr (Required): Sl." R ü'7lj to 00 Zone: 'f. I HISTORICILANDMARK INFORMATION II Use the reVerse side of this fOITTl or a separate piece of paper may be attached for questions 1-3. - 1. Please describe, in detail, historical aspects of the site or structure as well as any ,other significant factors which may detelTTline the property as a historic site/landmark (Le. special aesthetics; cultural, architectural, or engineering factors; and any dates, events, or persons associi¡ted with the site or structure). &ee attached established criteria for designation. 2. Has t'1e site or structure been altered in any way frç¡m its original design? ." ~~ Yes X ,No (If yes, explain) See. o...,-t\-o..+c..Yv..cl , 3. Briefly describe the present physical éondition of the property include a rating of poor, fair, good, or -- excellent -Ço...ì. (' ( . r+ ~ O-i()~a..~ ~ \e.plc...<:.~~, v.:Jo..tl f'~pa..·¡'r.s 'P~ -t-e.r<n ì te +r~a..i VV\.!l..-.,.,:rpf¡~"e.("""'¡ '<Y"\',J V\ i-e" ~V\c.~ ) u..pl<...e-eri ~ ¡ s~GL¡Jì ~. · DRAFT RCC Minutes - 5- October 4. 2004 Staff Recommendation: That the RCC reconsider this house for inclusion on the Chula Vista Historic Sites List and recommend for the Mills Act. · MSUC (Thomas/Bensoussan) to recommend 181 Madrona Street for inclusion on the Chula - ~.... Vista Historical Sites List with the condition that the carport be removed. Discussion · Chair Reid stated that, when he drove by the hoùse, it was for sale. It is his understanding that any Mills Act conditions would stay with the land not the ownership. Ms. Tessitore-Lopez responded in the affirmative. The owners just moved into the hor:ne, and they are testing the market, but will probably not sell the home. · Vote: (7-0) 4. 238 Second Avenue, Historic Designation and Mills Act Contract . Ms. Tessitore-Lopez presented the staff report for 238 Second Avenue. She noted three corrections · in the 'history of the house' document that the applicant had submitted. · DRAFT DRAFT RCC Minutes - 6- October 4. 2004 Staff Recammendatian: That the RCC consider this hause for inclusian on the Chula Vista Historic Sites List far being the home of Jahn M. Davidson, a persan impartant to the history af Chula Vista as ane af the first farmers and landawners in Chula Vista, and recommend far the Mills Act. MSUC (Thamas/Diaz) that 238 Second Avenue be recommended for historic designation and the Mills Act. Vote: (7-0) 5. 186 Cypress Avenue, Historic Designation and Mills Act Contract Ms. Tessitare-Lopez presented the staff repart far 186 Cypress Avenue. Staff Recommendation: That the RCC include it on Chula Vista's list of Histeric Sites as a bungalew style hame constructed within ane of the first tracts of modest homes in Chula Vista with the requirement that any windows that have been changed be restared as part of the Mills Act Program. MSUC (Thamas/Jasek) that the RCC recommend this hame for histeric designatien and also the Mills Act. Discussian Cemmissianer 8ensoussan thinks this is a really impartant street. It's a wenderful bungalow street. We should de all we can to encourage peaple to. preserve that street. Vote: (7-0) DRAFT ~~~ ~~~ ~~-.......... - - --- CllY OF CHULA VISTA In order to qualifY for designation a site must be found to meet at least one of the following six criteria: 1. Bears a relationship to overall heritage on a local, state, or national basis. This Mission of San Diego, for example, is local but is also part of a statewide system that is recognized nationally. 2. Relates to a historic personage who played an important role historically, on a local, state, or national basis. However, the individual need not be known nationally, as long as it was someone who made a significant contribution on a local basis. Ideally, this includes a site where the individual lived or where a noteworthy historical contribution or achievement took place. 3. May be a site where an important event took place. This would be an event symbolic of a phase of history that could reach the national level. The site of the signing of a historic document, for example, will satisfY this criterion. 4. The site should have distinguishing architectural characteristics that are identifiable. This includes structures of a particular architectural style recognizable today. 5. The site may be archaeological1y significant in its association with pre-history of the area. a site demonstrating existence of an ancient community (indians indigenous to the area, for example) could satisfY this criterion. 6. Has integrity. This is where the site continues to have evidence of the original features. Enough of the original structure or the site is intact to be distinguishable as having historical value. 5-7 ·r-'. j , History of Our House at 238: The Davidson House Susan D. Walter Stephen R. Van Wormer 238 Second Avenue Chula Vista, Ca 91910 (619) 426-5109 ( \ . I '.." August 2004 ( 5-8 .-.-- 2 TABLE OF CONTENTS page INTRODUCTION STATEMENT OF SIGNIFICANCE THE 238 HOUSE IN 2004 THE ENVIRONMENT, THE HOUSE, AND ASSOCIATED PEOPLE The San Diego Land and Town Company The Davidson Family The Davidson Family in Chula Vista The Mohnike Family The Wright Family The McCoy Family The DeHaan Family -" The Garrett Family The Van Wormer and Walter Family SUMMARY AND CONCLUSIONS FIGURES (Attached at end of text) Figure # 1 . 2004 View of the Front (East) of 238 Second Avenue. 2 2004 View of the Southern Side of 238 Second Avenue. 3 2004 View of the Back of 238 Second Avenue. 4 2004 View of the Northern Side of 238 Second Avenue. 5 2004 Sketch Map of the Floor Plan of 238 Second Avenue. 6 2004 Streetscape Showing the Palm Trees Planted by the Original Owners of the House at 238. 5-9 --.-._-~.._"_._-~._._- 3 · 7 1888 Topographic Map, Detail Showing the 238 Property. 8 1889-1890 Pages from Monteith's Directory of San Diego and Vicinity, Chula Vista Section. 9 1892 Landscape Photograph Showing 238. 10 2004 Detail View of Victorian Roof Embellishments, Front of 238. · 11 2004 Detail View of Gingerbread Ornamentation, South Side of 238. 12 1894 San Diego Land & Town Company Plat Map of Chula Vista. - 13 1894 San Diego Land & Town Company Plat Map of Chula Vista, Detail Showing the Davidson Properties. 14 1895 Landscape Photograph of 238. 15 1895 Detail of 238 House, Northern Side. · 16 1902 Survey, United States Geological Survey Topographic Map, Published 1904, Showing the Location of 238 in "Chulavista." 17 1903 Landscape Photograph Showing 238 on Extreme Left. 18 1903 Landscape Photograph Showing 238 on Extreme Right. 19 1903 Enlargement of 238 House, Front View (East Side). · 20 1911 Landscape Photograph Showing 238 in the Center. 21 1911 Enlargement of 238 House, Southwest View. 22 1920 San Diego Land Corporation Sales Map Showing 238 Property and Surrounding Area. 23 1924 Southern Trust and Commerce Bank Map Showing Chula Vista Housing Tracts Near 238. · 24 1926 Sanborn Fire Insurance Map of 238 Property. 25 1926 Enlargement of Sanborn Fire Insurance Map Showing Footprint of Structures at 238 in Detail. 26 1927 Portion of Zoning Map of Chula Vista Including the 238 Property. 5-10 · 4 27 1928 Tax Factor Aerial Photograph of 238 Farm and Housé. 28 1930 Chula Vista Chamber of Commerce Map. 29 1937 Enlargement of Aerial Photograph, Showing the 238 Farm and House. 30 1951 Sanborn Fire Insurance Map Showing 238 Property. 31 1951 Enlargement of Sanborn Fire Insurance Map Showing Footprint of Structures at 238 in Detail. 32 1970 Plan View Portion of Residential Building Record. 33 2003 Assessor's Parcel Map Showing the Current Lot Configuration. APPENDIX 1 Deeds APPENDIX 2 Sources of Information > 5-11 .,' _... ________._.__.^'___ ._m'._'......·. .-....--.---..--.-.-..-..-.- 5 INTRODUCTION This research was undertaken to apply for a historic designation number for 238 Second Avenue, commonly referred to as the Davidson House. The purpose of applying for this designation is to qualify for the Mills Act. The Mills Act will allow the current owners to do some essential repairs on the structure. The report that follows is written chronologically, with information from maps, photographs and archival sources included in sequence with the various families that owned or lived in the house. STATEMENT OF SIGNIFICANCE The 238 property is significant for its early construction date, importance of the owners to the development of Chula Vista, and the fact that the house, although altered, still retains most of its exterior original materials, basic appearance, and major landscaping elements that date to 100 or more years ago. The house is a Victorian period, two story structure with Eastlake, Stick, and Colonial revival elements. Changes from the original front of the house, as viewed from the street, include enclosing the front porch from a glassed in area to exterior solid walls (with the original windows in use in those walls), and two windows flanking the original upstairs window. Also, the structure is wider as a result of additions to the northwest end of the house, which included a second chimney. 5-12 - --- --....-- 6 The property at 238 Second Avenue was bought in late 1889. Possibly the house was in place as early as 1889, but was probably built by mid 1890. At any rate, the house was completed and lived in by its first owners at least by May 13, 1891. The first occupants were John M. Davidson, his son, and John's second wife Annie. They were important in the history of Chula Vista as being among the very earlie$t of the pioneering citrus orchardists. On the same day as the purèhaseof the 238 property, Davidson bought a second lot that was strategically located neàr the town site. The Davidsons sold their two properties to another pioneer citrus orchardist family, Charles and Ruth Mohnike. Charles, a successful dealer in real estate as well as a farmer, developed one of the first subdivisions in Chula Vista on the second Davidson property. Important to the history and development of Chula Vista, the first city hall and early city administration facilities were located there. The Mohnikes rented the 238 property to James and Kittie Wright, a third early citrus farming family. The property, although surrounded by neighborhood development, was still being farmed at least into the 1930s. . More details are available on these and subsequent residents and owners of 238 in the report that follows. There is also a more extensive description of the changes that occurred to the house. . 5-13 7 THE 238 HOUSE IN 2004 The house has two stories, is made of wood, and painted white with maroon trim (Figures 1,2,3, and 4). There is attic space, but only in the center is it tall enough to stand upright. The older part of the building does . not have a foundation, but sits on wood and concrete piers.1 A sketch of the floor plan, showing the layout of the rooms as they exist today (2004), will help to understand the changes in the following narrative that have occurred to the house over the decades (Figure 5). Currently the bottom story consists of an entryway located at the eastern side of the building flanked by an enclosed porch segment to the north and a closet to the south, then a living room, next a dining room, followed by the kitchen. From the north wall of the dining room is a sitting room with a bathroom along its western side. Part of the sitting room has a concrete foundation. Other doorways outside from the bottom floor ate located in the western walls of the kitchen and sitting room. Two chimneys rise along the north side of the house. with the fireplaces in the living room and sitting room. The second story is accessed by a staircase at the junction of the living room and dining room. At the top of the staircase landing is a small room. Making a sharp turn, there is a bathroom surrounde~ by three bedrooms. A T shaped hallway connects all three of the bedrooms and there is also access to the master bedroom through the upstairs hallway 1 The original wooden piers were replaced upon the last sale of the house in 1992; now the replacement wooden piers are on top of concrete piers. 5-14 8 bathroom. Attached to the master bedroom, by means of a connecting hallway, is a third bathroom. An exterior staircase exits from the third bathroom to ground level. The house is roofed with maroon asphalt shingles. The garage, located to the north and east of the house, is a separate structure. It sits on a concrete slab foundation, is made of wood, and has a pitched roof. A maid's quarters, with a flat roof, is attached to its northern side, forming a single unit. It is painted to match the house, and also has maroon asphalt shingles on the roof. A third structure is located to the west, in back of the house. It is rectangular, wooden sided, and painted to match the house. There are attached sheds flanking the northern and western ends. The rear of this building sits on the current westernmost property line. The roofing is maroon asphalt sheeting, and there is a chimney in the northern end of the structure. Sliding glass doors access this building. A distinctive feature of this property is the row of 6 palm trees that front the original east boundary of the lot along Second Avenue (3 of these front the 238 parcel of today) and the 5 that still line the driveway. These trees were planted by the original owners over 100 years ago (Figure 6). 5-15 9 THE ENVIRONMENT, THE HOUSE, AND ASSOCIATED PEOPLE San Diego Land and Town Company Chula Vista was developed by the San Diego Land and Town Company (SDL&TC), which was the real estate branch of the California Southern Railroad. They were owned by the Atchison, Topeka & Santa Fe Railroad.2 The California Southern Railroad arrived in San Diego in 1885; a result of that was a "spectacular real estate boom.· In the 18 months that followed, the population in San Diego grew from 5,000 to nearly 50,000.3 The backers of the SDL&TC, Benjamin Kimball and S.W. Reynolds, lived in Boston but locally the San Diego Land and Town Company was headed by W.G. Dickinson, John Baal, and C.E. Heath; they lived in National City.4 In 1888, when the San Diego Land and Town Company began sales of the Chula Vista tracts,5 the main streets had been laid out with a width of 80 feet. Water was supplied from the Sweetwater Dam, in pipes newly laid. The National City and otay Railroad serviced the area, and telephone lines were in.6 Tropical trees were planted along some of the streets.7 And, some properties had houses built and fruit orchards planted by the San Diego Land and Town Company as enticements to buyers. 2 San Diego land and Town Company 6rochure, 1888, San Diego Historical Society Archives. 3 Haven, Robert WeHs, 1963, thesis, San Diego State College, "Thomas Whaley." 4 San Diego land and Town Company Brochure, 1888, San Diego Historical Society Archives. 5 The Chuta Vista Star December 18, 1925. 6 Phillips, Irene 1968, The Chuta Vista Story. 7 San Diego land and Town Company Brochure, 1888, San Diego Historical Society Archives. 5-16 __.m 10 · A brochure the SDL&TC published in 1888, entitled "Guide to San Diego Bay Region California" promised that it contained "Reliable and Valuable Information Concerning the Products and Prospects of the Country. D It included a location map showing the National City grid and the new Chula Vista plat, National Rancho and Otay Rancho, all of which were owned by SDL& TC. They stated that electric lights "will soon follow the · march of improvements." Initial terms were: "one-third cash, one-third in a year, one-third in two years, interest at ten per cent. ,,8 However, according to one person's memory, many of the amenities were less than advertised: · Chula Vista in the early days had no gas or electricity and no paved streets, and if the streets had names and house numbers, they were seldom used. The houses had no running water and no indoor sanitary facilities. There were cisterns which furnished water for domestic use.9 Chula Vista was planned carefully to attract well to do orchardists and · farmers. Different sizes of properties were offered. Ten and twenty acre lots were available on the outer portions of the new plat. Five acre lots were placed along the roads, which were set up in a grid. Initially, most of the new roads were named alphabetically or numerically, with those 8 San Diego land and Town Company Brochure, 1888, San Diego Historical Society Archives. · 9 Chula Vista Historical Society, 1991, Family, Friends, and Homes: 370. The current owners' (2004) are historic archaeologists who specialize in the region of San Diego County. Soil anomalies noted in the lawn - an octagonal shape in the grass about 8 feet in diameter - suggest the cistern at 238 may have been located to the north of the house. After the Van Wormer and Walter family moved in, their son was digging in the yard to the southwest of the kitchen. He discovered the filled in remains of a privy pit there. None of the early maps or photographs clearly show the original privy locations. 5-17 · 11 running north-south designated avenues, and those east-west called streets. One of the most important roadways was National Avenue, which led from National City and continued south through and out of the new community; this road was wider than all others, with a width of 100 feet.1o Features on the northern part of the 1894 Plat Map, published by the SDL& TC, include the neatly gridded roads - each of which surrounded eight 5 acre parcels - two rail lines, and four 5 acre lots, located on F Street and bordered by Second and Third Avenues designated the "Town Site."11 Across from the town site lots, to the east, was a rail station, a church, and school. The SDL&TC built several houses, which on the 1894 map are numbered. Several houses built by private parties are indicated on the map. In the more southern part of the plat was the headquarters for the Horticultural Department at the intersection of Third Street and Third Avenue.12 One of the most successful men in National City was Frank Kimball, the best known of the remarkable Kimball brothers. Frank was responsible for the early attempt to develop the National Ranch, and felt the railroads were the key to success. To sweeten the deal for the railroad, he gave some of the land for the Chula Vista development to the SDL& TC. He tirelessly boosted the agricultural advantages of the area, partaking in numerous experiments to determine the best crops for the region, developing specialized strains, providing encouragement to farmers, horticulturalists and gardeners, and finding markets for their products. He 10 Chula Vista Star December 18,1925. 11 Possibly two additional lots were also planned to be part of this town site, although the designation is not written on those two lots on the map. 12 Plat Map, San Diego Land and Town Company, 1894. 5-18 ~._----- 12 entered local products in the County, State, and also Worlds Fairs, where he won numerous impressive prizes that he used to further his publicity of . the area.13 In 1869 Kimball planted the first citrus orchard in San Diego County at his National City property. It consisted of oranges, lemons and limes.14 He felt that the Chula Vista area was suited for citrus, particularly lemons.15 The first person credited with planting a lemon tree on a Chula Vista property was Professor W.A. Henry. His orchard featured the Eureka variety of lemon. He was among the first of the Chula Vista residents.16 The National City Record regularly included articles boosting the advantages of the region's agriculture. One short piece crowed: The Record is pleased to note that the Riverside papers concede the superiority of the San Diego bay region as a lemon raising country, at the same time maintaining that they lead the world in oranges. That is a square deal and a commendable exhibition of neighborly love. We'll stick to the lemons if they'll stick to the oranges, and we'll all be happy, you bet!17 To a developer of farm properties, there was an advantage to attracting orchardists. People who were able to buy land and set it out to orchards were already well established financially. Unlike grain farmers, who saw a crop in the same year as planting (and therefore producing money), orchardists usually had to start out with the capitol to purchase 13 Phillips, Irene 1968, The Chula Vista Story. 14 Van Wormer, Stephen and Susan D. Walter; Report on the history of the citrus industry in San Bernardino County. Document in possession of Walter Enterprises. 15 Phillips, Irene 1968, The Chula Vista Story. 15 San Diego Union February 26, 19404:2; Directory, 1889-1890, page 366. 5-19 13 trees, and be able to wait for their profits when the trees were established enough to produce fruit. 18 At the same time, citrus farming WaS very attractive to the potential land purchaser, as it was shown that "relatively large profits (could· be made) on comparatively small acreages." And, because the lots were small, the communities based on citrus ranching were able to develop more rapidly that those based on farms of larger acreage. Neighbors, social opportunities, and civic functions were located closer together, generally in walking distance. 19 The San Diego Land and Town Company made some requirements of purchasers of their properties: These five-acre lots are sold ONLY to those who will build thereon a modem style of house, costing not le~s than two thousand dollars, within six months from date of purchase, placing the same 125 feet from the street line.20 (and) ...trees must be set out and the land improved."21 An early purchaser of property in Chula Vista was John M. Davidson; a road bordering the property was named Davidson Street after him.22 17 National City Record December 12, 1889:4. I' Van Wormer, Stephen and Susan D. Walter. Report on the history of the citrus industry in San Bernardino County. Document in possession of Walter Enterprises. l'lbid. 20 San Diego Land and Town Company Brochure, 1888, San Diego Historical Society Archives. Another source said 150 feet. 21 Otay Press, April 4, 1889, page 1. 22 Webster, Kama, Chula Vista Heritage 1911-1986. 5-20 .,. .... --~.~-----_._'''--,~-_.~-_.._-, '. 14 Davidson Family - December 2, 1889 - June 28, 1906 (Appendix 1, Document # 1)23 · In the 1830 census are listed the following heads of households in Clay County, Kentuèky: John Davidson (grandfather [of 238's John M. Davidson] - 8 family members including 238's father), Daniel Davidson, Isaac Davidson, James Davidson, Martin Davidson, Tyre Davidson, Francis Dizam, David McCollum, Daniel McCollum, another Daniel McCollum, and · John Wells. All of these were, or became by marriage, relatives of the John M. Davidson Ounior) who later lived at 238 in Chula Vista. John M. junior was not yet born.24 John M. Davidson Ounior) was born in Kentucky on March 26, 1836.25 His father was also named John M. Davidson,26 and his mother's maiden · 23 Complicating matters in researching John M. Davidson, is that there are two other John Davidsons who lived in Chula Vista at roughly the same time, and were involved in farming, ranching, or horticulture. One John Davidson was bom in Scotland in December of 1855, his wife's name was Martha (Census 1900). He was trained in gardening by Kate Sessions, at the request of John Spreckels. He later became the gardener in residence of Mission Cliffs Gardens. Another John Davidson, middle initial"C," was born in 1864 in Illinois, lived on a home which is now the current site of a Chula Vista school; his wife's name was Mary I May; he · became well known for his fine horses and was one of the founders of the Chula VISta Lemon Growers Assocíation (Chula Vista Historical Society, Stories, Tales, Folk-Lore of Our Community, pg. 30). John C. Davidson is believed to be related to John M. Davidson, according to another researcher who was asking for information at the National City Public Library's Local History Room (Allely, Mary, 2004, Personal Communication to Susan D. Walter). It is really nice when the different John Davidsons included their middle initial. 24 Census 1830. 25 Death Certificate for John M. Davidson. His second wife Annie provided the information. 26 John M. had at least 5 uncles with the surname of Davidson - James, Isaac, Tyre, Martin, and Daniel, that lived in the same neighborhood as his father, John M. Davidson, in Clay County, Kentucky, in 1830. On the same pages of the same census there are also two uncles on his · mother's side, McCollum - Daniel, David, and a grandfather or grand uncle Daniel McCollum as well. Census 1830 (www.ancestry.com). 5-21 15 name was Isabel McColem.27 It is unclear from the 1840 census where this family resided. By the 1850 census, John M.'s father had apparently died, as his mother Isabel had married one of John M.'s uncles, Daniel Davidson, in that year.28 Daniel was a prosperous farmer in Clay County, Kentucky, with a value set to his farm at least of $1 ,000.29 However, John M. was living with yet another uncle named Hiram and aunt Sarah. Hiram was unique in this Davidson family in that he was not a farmer, but a carpenter. John M.'s siblings were named Alfred, Reuben, Elizabeth, Nancy, Tabitha, Emily, and Polly, and many years later they were listed as such on his probate.3o After the death of their father, John and his siblings were distributed through the households of various relatives until they moved away as adults. In 1860, John M. was living in the household of his uncle, Daniel . Davidson. Daniel was a farmer, and 24 year old John M. (listed out of sequence among the children) was working for this man, who was both his step father and uncle, as a farm laborer. Now Daniel's household included a different wife (not John M.'s mother Isabel): Also living in the house was 75 year old Polly McCollum, who was probably related somehow to John M.'s mother (Isabel McCollum Davidson).31 v Census 1840 (www.ancestry.com). Annie, John's second wife, corroborated that these were John M.'s parents' names on his death certificate. ''There is a column in the 1850 census titled "married within the year," and Daniel and Isabel's lines are checked off. 29 There are three zeros in the column, but the entry is smudged. The first number may be larger than 1. Census 1850 (www.ancestry.com). 30 Probate, John M. Davidson. 31 Census 1860 (www.ancestry.com). 5-22 16 Although some of John M.'s neighbors owned small numbers of slaves, most did not, and no one With the surnames of Davidson, · McCollum, Dezarn or Wells did.32 This feeling against slavery was expressed when John M. David$on fought in the Civil War in Company B of the 47th Kentucky Infantry as a private, on the Union side, enlisting in June of 1863. He served With three (perhaps five) of his relatives in the same unit.33 He was discharged in December of 1864. Upon his discharge, John · M. began to speculate in land. He bought property in Illinois and Kentucky, and also purchased property owned by a railroad in Texas.34 In 1870, none of the John Davidsons listed in the census can be positively identified as the man who eventually moved to 238 in Chula Vista.35 · By December 11, 1879, John M. Davidson was considered an invalid, and began receiving veteran's benefits.36 Researching John M. Davidson, again the census record is difficult to understand. There were 1,235 males enumerated in 1880 with the name · "Census 1930 (www.ancestry.com). 33 La Vista Memorial Park tombstone; Web printout in possession of Walter Enterprises. This was a mounted unit. John M. and also Robert Davidson were listed as privates, and James Davidson was a sergeant. Men with the surnames of some of John M.'s married sisters were also in this unit (Web printout in possession of Walter Enterprises). 34 Illinois Public Land Purchase Records (www.ancestry.com); Kentucky Land Grants · (www.ancestry.com); Davidson Probate. 35 However, see the information in the 1880 census below. 36 Certificate #381987, www.ancestrv.com Civil War Pension List. Web printout in possession of Walter Enterprises. 5-23 17 John Davidson, and although one of them is probably our targeted man, so far a pòsitive identification cannot be made.37 It is known that John M. married. His wife was named Eveline, but she commonly went by the name Eva.38 Her father, Albert H. Wells, was born in 1830 in Illinois, and he was a farmer. Eva's mother was named Louisa Walls Wells. She had been born 1830 in Pike County, Ohio. Her occupation was listed as house keeping. She was very busy raising a large family of 13 children. Eva's siblings were: Sarah, (Eva), Ella, Alcinda, Rosa, Janie I Jennie, William, Daniel, Whitney, Emma and Dora (twins), Nettie I Lottie, and Della.39 There were also two of Eva's cousins, Syrius Hudson and Ava Furgason, living in the same household. In 1880 Eva and two of her sisters were school teachers.4O John and Eva were married March 25,1883, in IlIìnois.41 In 1885, while in Kansas, John and Eva had a son they named Joe M.42 John was kept busy with his land dealing, and probably farming as well. When the San Diego Land and Town Company was formed, considerable publicity about the availability of affordable, prime farmland, in California's balmy climate, was circulated to the eastern and midwestem states. This, and 37 In 1880 there were 58 males named John Davidson of all ages born in Kentucky; 9 that were age 44 but only one born in Kentucky; 8 were age 43 but none of them were born in Kentucky, and 20 were age 45 but none born in Kentucky (www.ancestry.com). 38 Census 1870; Census 1880 (www.ancestry.com); La Vista Memorial Park records. 38 Doubled names indicated with a "I" indicate the same person, referred to by different names W different census I:!numerators. Census 1880 (www.ancestry.com). 41 Pedigree on file at Walter Enterprises. None of the John Davidsons enumerated in the 1880 census in Illinois appear to be this man (www.ancestry.com). 42 La Vista Memorial Park records. No record of Joe M.'s birth has yet been located. Kansas did not record births until July 1, 1911 (http://www.kshs.orglgenealogistslvitallbirthsdeaths.htm). 5-24 _._ ___ O' M. _._....____,., IS · both his own and his wife's apparentlyfrail health, are probably the reasons the Davidson family moved out to the Golden State's South Bayarea.43 The Davidson Family in Chula Vista John M. Davidson moved out to California in 1887,44 but the ~arliest · record so far located of the presence of the John M. Davidson family in San Diego County was when the February 7, 1888 edition of the San Diego Union contained the notice, "Mrs. Davidson, of Chula Vista, died suddenly on Sunday last. The funeral took place yesterday."45 Eva was age 37, and their son Joe was only 3 years old.46 She was buried at La Vista Cemetery, and is noted in their records as being the first death in Chula Vista.47 The · second listing of the Davidson family was when John M. registered to vote on February 22, 1888. He was listed as a merchant, and living in "National".48 Note that the Union death notice above listed Eva as of Chula Vista. So far, no records have been located to define where John, Eva, and Joe · Davidson lived when they moved here in 1887. They were not listed in the 43 Webster, Kama, Chula Vista Heritage 1911-1986. There is also the possibility that one of John M.'s uncles, L.P. Davidson, was in San Diego working for prominent real estate dealer F.R. Wetmore; if this is J.M.'suncle, he probably sent letters to his family confirming some of this publicity. The entry is: "Davidson, L.P., with F.R. Wetmore & Co., 6111 bet F and G, res cor 24111 and G." (San Diego Directories 1886-1887). In 1889 there was a notice for "GA Davidson" who had a letter waiting for him at the Otay post office. It is unknown if this is another of John M.'s relatives (Otay Press May 2, 1889:3). · 44 Death Certificate, John M. Davidson. 45 San Diego Union Feb. 7,1888. 46 San Diego Union 2-7-1888,8:7; La Vista Cemetery records. 47 La Vista Cemetery records. There is no grave marker visible for Eva at her gravesite. This cemetery has changed its name from what it was originally called. For simplicity~s sake, throughout this document it will be referred to as La Vista Cemetery. 46 Greàt Register of Voters, Volume 1. 5-25 19 directories in San Diego, National City, or Otay. Using the term "National" referred not to National City, but the township of National which also included Chula Vista and other areas. It is possible they were renting or boarding at another family's home, or residing in a hotel. And John, "merchant, " may either have had his own business or have been working for another person. However, no documentation has yet been found to confirm this.49 Given his lifetime of experience in farming, it is possible, besides being a merchant, that he was also farming for the San Diego Land and Town Company, as in 1888 a map was published showing the 238 property being cultivated to oranges (Figure 7). Going in a circle around the lot, there is only one other property that has its boundaries touching Lot 5 that also is planted at this date: Lot 3, which was located on the northwest diagonal from the 238 parcel. Also drawn on this very early map, although not labeled by name are these roads: E Street, Fourth Avenue, Davidson Street, Twin Oaks, and Del Mar.50 This map does not indicate houses. In 1889-90, the Monteith's Directory of San Diego and Vicinity published its first listing for Chula Vista, with 32 residents, and "Davidson J. M., farmer" appears in it. Clearly, J.M. Davidson was residing somewhere in Chula Vista at least by 1888, as that would have been the year that the directory listings for the following year would have been collected. Another clue that Davidson was one of the earliest residents of the area is that of the 32 names listed, only 6 men have occupations included: two farmers, 49 Tax records would help to explain this, but early San Diego County tax records, where Chula Vista's earliest tax listings are included, are very difficult to get access to. . 50 These roads exist today, although Fourth has changed its name to Second, and Twin Oaks is now through streets 5-26 __~_...."___,_..-..._..._._~~ __ ____ __ ____.__....___n___ 20 one "road master", and three lawyers (Figure 7).51 This is in contrast to the portions of the listings for Carlsbad and Dehesa, in which all of those men's names were followed by an occupation. . At 52 years of age and recently widowed, John was a quiet · participant in the community. He maintained his interest in the Civil War experience; finding himself surrounded by numerous other veterans, he joined the Datus E. Coon Post #172 of the Grand Army of the Republic.52 On October 24, 1889, a controversy erupted when a proposal was made to remove the post office in National City, and the newspaper carried extensive articles about this subject. A large number of people signed a · petition to keep the post office. J.M. Davidson, along with J.J. Baum, Charles Baum, and Dr. T.E. Annis signed it.53 John became engaged shortly after Eva's death. His fiancé was Anne Baum.54 John M. Davidson, wanting a residence in Chula Vista for his bride to be, purchased Lot 5 of Quarter section 137 (then 238 Fourth Avenue) (Appendix 1, Document 1) and also another 5 acre lot across from the area designated as the Chula Vista Town Site at Third and Fon December 2,1889. He paid the amount of $1200 for each plot. It is possible that Annie contributed funds for these real estate purchases as she had recently received money upon the death of her father a few · months previously.55 "San Diego Historical Society Research Archives, Directory 1889-1890:366. 52 Palmer, Barbara, The Civil War Veterans of San Diego, California. 53 National City Record Oct. 24, 1889, pg. 1. 54 Census 1900 (www.ancestry.com). · 5-27 21 Just prior to the purchase of the land, another article had appeared in the Otay Press, which included these details: Over sixty fine houses are now already erected and other improvements are made. A fine, two-story school house is now built on the center of the tract...56 John was undoubtedly pleased with his purchase, and remembering his original reasons to move west, he may have read this little piece published in the National City Record shortly afterwards: Every day there are inquiries...for good lemon land, and in a few years every hillside will be covered with the clustering, golden fruit. The reason for this is that it has been clearly demonstrated that the minimum profit on lemons, after cutting the closest profits in two, are five hundred dollars per year per acre. A sure income of five thousand dollars per year on ten acres and a life spent in the most glorious climate on earth, have their attractions. 57 The purchase of the 238 Fourth Avenue property was for their residence and farmstead. John M. was speculating that the desirable corner location of the Third Avenue property would become more valuable as the town site grew; he expected to make a profit upon selling it. So exactly when was the 238 house built? The Chula Vista Public Library's John Rojas Local History Room has a listing of photographs, with one being "House, Davidson, John 238 Second Avenue - 1889 Art Box 4528." Unfortunately, this photograph is missing. If this photograph did 5S Probate, J.J. Baum. 55 Dtay Press April 4, 1889, page 1. 5-28 ..--..--.--.- -...- · 22 depict the John M. Davidson house, and it existed at 238 in 1889, then the house possibly was constructed elsewhere and moved into place, as it is unlikely that they could have a house built between December 2, their purchase date, and December 31, the last day of the year. It actually was · pretty common for houses to be moved during this period; as just a few of many examples, the Otay Press, in 1889 exclaimed, "Why is it that people are tearing down their houses in adjacent towns and moving them to Otay for rebuilding?,,;58 another orchard house currently nearly aCross the street (221 Second Avenue) from 238 was moved to its place from its former location in Chula Vista;59 and Charles Stein, who lived in Otay in the 1880s · until 1900, when he moved to National City, supplemented his farming income throughout his life as a house mover.eo There are, as yet, no records known that mention building the house at 238. During the building boom of the 1880s it took at least six weeks to construct a house like 238.61 If the Davidson's house was built in its · current location and completed in Jess than 6 weeks, it could have been in place by 1889. If the 6 week time span did take place, and occurred immediately after the land purchase, then 238 could have been done by January of 1890. However, by completing the structure within the 6 month time limit the San Diego Land and Town Company required of land · 57 National City Record December 12, 1889. sa Otay Press, April 4, 1889, page 1. 59 John Parks, personal communiC<ltion to Susan Walter, July 15, 2004. The house was built by one of his grandfathers. 60 Flannigan, Kathleen, The Farm Quarterly, Winter 1994. "House movers...enjoyed regular work in most large cities. Rather than tear down houses, home owners or their realtors had them moved" (Schlereth, Thomas J., 1991, Victorian America, Harper Collins, New York, page 18-19). 61 Bruce Coons, Executive Director of SOHO, personal communication to Susan Walter, July 20, 2004. 5-29 23 purchasers, the completion of 238 would be June 1890. All of these scenarios are possible. Currently, the exact date is still uncertain. Another question is who built 238? San Diego County and National City in particular were going through a tremendous building boom in the 1880s, and there were several builders in the area. A possibility is that one of Annie's relatives, Albert Baum, may have been involved. He was a carpenter.62 Meanwhile, a tragedy occurred in the Baum family when Annie's brother succumbed to heart disease on January 5, 1890. He was 36 years 01d.63 Charles Baum died in National City, unmarried. He had been an important member of the South Bay community, working as a druggist. His death certificate was signed by T.E. Annis, MD. Dr. Annis was Charles', and John M.'s and Annie's brother in law, and had his doctors office located in the Charles Baum Drug Store at 7th Avenue in National City.64 John M. again registered to vote, on February 27, 1890. He was still working as a merchant, and still living in "National."65 On May 13, 1891, John M. Davidson, "age 50: and residing in Chula Vista66 on the wedding certificate, married Annie Baum, aged 40, who was residing in National City. The clergyman was Edward D. Weage, and the 62 Directories 1910. 63 Charles Baum Death Certificate, January 5, 1890. 64 Ibid; San Diego County Directory, 1886-1887. BS Great Register of VoterS, volume 1. BB This means that the house at 238 had been completed, and John was living in it. It had been finished at least by the marriage of John M. to Annie. 5-30 ...-.-----..---.-.---......-..-.-......---.........-. .........- 24 ceremony took place in National City in the Congregational Church, at which the Baum family had been members since they had moved to National City.67 The witnesses were Annie's sister Sarah and her husband, Dr. Thomas E. Annis.68 Thomas gave away the bride because her father, Henry Baum, had recently died (less than one month before John's previous wife, Eva, had died).69 John M. had married into an active family, as Dr. and Mrs. Annis had 4 children whose names (Mary, Charles, Jennie, and Sarah) show up often in the National City Record school notices.7D It is probable that John M. and Annie returned to National City to see the many plays, poetry recitations, and singing recitals of their nieces and nephews. After their marriage John and Annie, along with little Joe, moved into their home together at 238 Fourth Avenue. The first photograph (Figure 9) found showing the 238 home is dated from 1892, and is part of a landscape view taken by a photographer named Judd. The southwestern corner of the house is depicted. It is a two story house with a gabled roof over the kitchen area. A door exits from the center of the kitchen through a small, enclosed porch. No windows show on the western side of the house. On the roof is a white rail trim, and the 67 Annie's family had been members of this church for several years (Congregational Church records, National City). 68 The certificate includes a note: "Davidson was married before to Eva Wells now deceased." Marriage Certificate, 1891; National City Record Jan. 3, 1889. 89 October 26, 1888; La Vista Cemetery records. Henry left a will, but his estate went into probate. His beneficiaries were: Charles Baum, Sarah B. Annis, Charles Herbert, Annie Baum, M. Luther Baum, and Mary Dean (Probate, in possession of Walter Enterprises). 70 For instance, National News Record January 10, 1889:3; December 19, 1889:6; November 23, 1893:6). 5-31 25 only visible chimney is located seemingly coming from the back end of the sitting room. Because of the angle of the photograph, it is difficult to discern the plantings; however it appears that there is open field in front of the house (east) and running to the back of the lot towards the west. The west is planted to citrus with established rows of larger trees running east~west and an area of tiny trees in the southwest corner. On the north· side of the house is a tree that reaches halfway up to the second floor. No barn nor shed is definitely associated with the house, nor is an outhouse visible. On August 2, 1892, John M. again registered to vote. This time, he was listed as living in Chula Vista, and his occupation was farmer. He was described as 6 feet 1 Y:z inches tall, with a dark complexion, brown eyes, and gray hair?1 Three months later, on November 13, 1892, seven year old Joe, John's only child, died. Joe was buried next to his mother Eva, in the La Vista Cemetery.72 John M. registered to vote on August 11, 1894; in this description his hair is called "iron gray."73 Also in 1894, the San Diego Land and Town Company published their plat map, showing the Davidson house at 238 Fourth Avenue, as the road was named originally (Figures 10 and 11). The 238 property is shaded in, indicating it was "planted to either Lemons, Oranges, Grape Fruit or deciduous Fruits.· 71 Great Register of Voters, volume 1. 72 There is no grave marker visible for Joe M. Davidson. His exact age was 7 years, 5 months, 2 days; La Vista Cemetery records. 73 Great Register of Voters, volume 1. 5-32 ____."_n_...____ . ---..------ 26 Going in a circle around the Davidson property, their neighbors were: Smith (Block 137, Lot 4) to the north; across the street of Fourth Avenue (Block 124, Lots 1 & 8), no names are listed; diagonally to the southeast across the street (Block 124, Lot 9) was Mrs. S. Healey; next door to the south was A. Haines (Block 137, Lot 12); diagonally from the southwest was E.W. Dyer (Block 137, Lot 11); to the west was E.J. Elliott (Block 137, Lot 11), and completing the circle to the northwest diagonal was T.M. Eaton (Block 137, Lot 3). Not all of the lots had houses indicated in 1894. The map also depicts the train track that ran down Fourth Avenue to E Street, where it went west to continue on Third Avenue. There was a station across the street of Davidson's northwest diagonal neighbor (T.M. Eaton), at a property owned by R.S. Harris (Plat Map 1894). A major land use change from the previously described 1888 map is that every lot surrounding the Davidson's Lot 5 was now planted to orchard crops. Many of the neighbors who lived on or near Fourth Avenue were, like the Davidsons, already well established financially. Additionally, several of them were involved in professions other than farming; including a number of men employed in law.74 The closest house to the Davidson residence was owned by Judge and prominent lawyer Alfred Haines and his wife , Flora. They were good friends of the Davidsons, and John enjoyed reliving his Civil War experiences with Alfred, who had served as aprivate in the 5-33 27 47th Iowa Infantry, and was also a member of the Grand Army of the Republic.75 In a neighborly act, the Haines family's cistern provided water for the Davidsons when theirs was running low.76 Later, the law firm of Haines & Haines would represent Annie in her defense against John's numerous relatives in their attempt to get more of his estate when he died. The case reached the California Supreme-Court, and was later cited in subsequent cases on homestead law. 77 In 1895 a photograph (Figures 12 and 13), this time showing the 238 house's front (easterri) side, is situated closer to the home. Many more trees and shrubbery are evident, including some trees that may be evergreens, and pampas grass clumps with large plumes. The front of the lot is filled with low growing plants, perhaps crops. There is a single window centered in the wall of the upstairs front bedroom. The front entry is obscured by plantings, but there is a roofed porch in evidence directly below the upstairs bedroom window. There is a short wing extension to the right, and a longer wing extension to the left. The longer one includes a window. The distinctive roof ornament at the apex of the front roof gable is painted a darker color to make it stand out. There appears to be a large hay pile on the extreme right of thè photograph, which explains the lack of trees planted on this side of the 74 Chula Vista home tours web printout in possession of Walter Enterprises, 2004. 75 Palmer, Barbara, 1998, The CiV/7 War Veterans of San Diego, page 158. ,. Bud Krohl, Personal Communication to Susan D. Walter, August 2004. Bud is the current owner of 21 0 Davidson, the former A. Haines residence. He was told this by one of A. Haines' descendants when she visited the house in the 1970s. T7 Probate, John M. Davidson. 5-34 - '_._'.".__._-.._-~----- 28 . farm; it had been planted to grain instead of citrus. Two small structures, one an open fronted shed, possibly with two cows grazing nearby, and a small whitewashed building are located towards the front (northeast) corner of the property. A line of trees (not palms) runs across the property. A double row of small trees borders the front of the field, running alongside the¡ street; there is a small shed there also. There does not seem to be an . obvious driveway onto the property in this photograph. The photograph depicts a typical Victorian era structure, and includes many of these elements as described by Kama Webster: Homes constructed in Chula Vista during the late 1880s or early 1890s reflected the Victorian styles popular in the United States dUring that era. Common features included multi-textured exterior walls, strongly asymmetrical facades and steeply pitched roofs. Exuberant detailing with Carpenter's lace, gingerbread and turned posts or spindles commonly decorated the porches, gable ends, and other areas. The Queen Anne style, one of the Victorian styles popular in this country from 1880 to 1910, often featured a front-facing gable, pattemed shingles, cutaway bay windows, ornate chimneys and a partial or full-width one story porch.78 Kama Webster specifically described the 238 house in her inventory of historic homes of Chula Vista: This two story modified Victorian house has a high cross gable roof with carved brackets and modified rake boards. A collar tie and king post with curved struts strengthen the rake boards in the front gable end. The feature is graced by a 7a Webster, Kama, Chula Vista Heritage 1911-1986:11. 5-35 29 rosette and pendant. Other details include two ornate chimneys, one interior and the other exterior, and double hung windows. Shiplap siding with wide comerboards sheaths the exterior of this charming home. A previous open front porch at the left front comer has been modified and enclosed. The porch features a hip roof, full length shutters on each side of the porch entrance door, embedded pillars, and rectangular windows. Other windows in the house may have been modified. Some elements of Eastlake can be seen in the decorative features and the porch hints of Colonial Revival styte.79 (See Figures 14 and 15.) According to Stephen Van Wormer,80 238 is an Eastlake I Stick style house; Stick slightly predated the Queen Anne style, and followed the Gothic Revival style. It was most popular from 1860 to about 1890. Still present (2004) are these typical features: Gabled roof, usually steeply pitched with cross gables; gables commonly show decorative trusses at apex; overhanging eaves, ... with exposed rafter ends; ... - wooden wall cladding (shingles or boards) interrupted by patterns of horizontal, vertical, or diagonal boards (stickwork) raised from wall surface for emphasis...81 When John M. Davidson's family was enumerated in the 1900 census, while living at 238 Fourth Avenue, they were listed as living in National Township82. John was from Kentucky, and his parents were both born in the Uhited States (father, Virginia; mother, Vermont).83 He was born in March of 1837, and at the time was 63 years old. He was married 79 State of California, Resources Agency, Department of Parks and Recreation Historic Rèsources Inventory, 1985; copy located at Chula Vista Historical Museum. 80 State Historian II for California State Þarks, and co owner of 238 with Susan D. Walter (2004). 81 McAlester, Virginia and Lee McAJester, 1986, A Field Guide to American Houses. New York, Alfred A. Knopf, pages 254-256. 82 Chula Vista is in the National Township. 5-36 30 to Anne B. According to this census, both Anne and her parents had been born in Pennsylvania. In 1900, John and Anne had been married for 10 years, and had no children. The only other person listed in the household was John's nephew, Theodore Dezarn.84 He was born also in Kentucky, on January 1874, making him 26 years old. Theodore was listed as working in "farm labor", doubtless for his uncle John, who was listed as a "fruit farmer."85 The farm schedule number was 105.86 In 1902 the United States Geological Survey conducted a survey that included "Chulavista." This map, which was published two years later (Figure 16), shows the fledgling community with about the same number of houses as in the 1894 San Diego Land and Town Company Plat Map (Figure 1 0). John M. Davidson again voted in 1902. It was his last listing in the \ Great Register of Voters.87 This was also the year that his brother in law, Dr. Thomas Annis, died. Thomas was buried in his family plot at La Vista Cemetery.88 In 1903 two photographs show 238 (Figures 17, 18 and an enlargement of the house, Figure 19). They are both panoramas of the 83 Note how this differs from the earlier censuses, where his father, at least, was listed as born in Kentucky. 84 Theodore's birth name was Theodosius; he changed it to Theodore when he moved to California. His mother had been born in Italy (Census 1880). . B5 Census 1900 (www.ancestry.com). 88 According to Bill Creich, librarian at the National Archives in Washington DC, the US government began destroying the farm and manufacturer's census schedules beginning in 1900. Most of the census records from 1890 were burned up in a fire, and are unavailable. 87 Great Register of Voters, volume 1. 88 La Vista Cemetery records. 5-37 31 houses and orchards depicting several properties on Fourth Avenue. The photographer took one panorama, then moved north I south along the road and photographed from the same angle, with an overlap of the places shown. As a result, 238 is in the far right in one photo, and the far left in the other. In these photographs the front (east) side of the house is shown. The upstairs front bedroom has only a single width window. The other remarkable feature is the presence ofa long row of well established palm trees89, which had replaced the other trees planted there in the 1895-96 photograph. The protocarpus currently still on the property (2004) is one of the two trees now shown planted near the front and south side of the house. There may be a pump house or windmill in the back of the house. There is another structure behind and slightly to the horth of the h,øuse. Unfortunately, it is too indistinct to be able to identify its purpose. As far as crops go, the front of the property is planted to citrus, and there is an open field behind and to the north. So the Davidsons were still raising more than one type of crop. The Davidson farm showed a mixed use of the property. They had part of it planted to grains, which was a quick cash crop, and the rest was planted to citrus, which was expected to return large profits in a few years. In fact, Chula Vista's orchard farming probably could not have succeeded without the water supplied from the Sweetwater Dam, as during seven 89 These Canary Island Date Palms (Phoenix canariensis), are native to North Africa (May, Vonn Marie, historic landscape specialist, 2003, Personal Communication to Susan D. Walter). 5-38 -------"---- 32 years, from 1897 and int01904, the area experienced severe drought conditions.9o Directory listings for the J.M. Davidsons in Chula Vista were gathered from the initial listing in 1889-90 into 1906. Some of the Chula Vista directory listings include the notation that J.M. Davidson was a "farmer" or "rancher.091 In 1906, the Davidsons sold the 238 property and moved to 1604 Grand Avenue in San Diego. John lived only two years after moving from Chula Vista. He died on December 10, 1908 at age 72 of apoplexy,92 (stroke)93 and is buried in La Vista Cemetery in the same plot as his first wife Eva and their son Joe M.94 The family plot, in the Rest Haven section, block 7, lot 87, is marked by a granite stone simpl~ stating "DAVIDSON." John's grave has a white marble military stone, "JM. DAVIDSON / CO. B /47 KT. INFo" Annie filed for widow's benefits on May 26, 1914.95 She lived on, changing residence several times until her death on February 3, 1922.96 John and Annie had no children.97 90 Chula Vista Historical Society, Stories Tales Folk-Lore of Our Communities,Vol.1 (pg 6-7). 9' The information was gathered the year before it was published; therefore the actual listings show up in Directories 1886-1907. 92 Death certificate, John M. Davidson,1908. John's exact age was 72 years, 8 months, 14 days ~La Vista Cemetery records). 3 Sally Waller, nurse, personal communication to Susan Walter, 2003. ... John M., Joe M. and Eva Davidson are all in the same plot. La Vista Cemetery records; La Vista tombstone. 95 Certificate #849205 (www.ancestrv.com Civil War Pension listings). 96 Directories 1907-1919, Census 1920 (www.ancestry.com); neither Anne's death certificate nor her burial plot has been located. A probate assigning a guardian for her shows that she had become physically and mentally unable to care for herself or her property. Financially, she had done well; she was worth $10,056.55 (Probate Case # P6871). 'iTI Probate, John M. Davidson. 5-39 33 When John M. died, he did not leave a will, and his estate went into probate. The probate describes his occupation as real estate, listed his assets, and also shows that he owned 160 acres of railroad land in Texas. The probate for John M. Davidson lists the names of several other people, including Chula Vista residents, with whom John had entered into business negotiations in the form of notes, interest that was collected and included in the probate records. The majority of these transactions were with Charles and Ruth Mohnike. The listings that include the Mohnike name are: ~909 Feb. 15 115.00 June 22 35;00 July 1 1000.00 Aug. 9 80.00 1910 Jan. 4 35.00 Feb. 8 40.00 July 21 75.00 Sept. 13 1015.63 1911 Jan. 13 1042.22 TOTAL 3437.85 The Mohnike's payments of $3437.85 are a significant portion of the receipts credited to John M. Davidson's probate, the total of which was $7,701.83. The reason this is so interesting is that on June 28, 1906, John M. and Annie B. Davidson had sold the Lot 15 across the street from the Chula Vista town site, and their home property at 238 Fourth Avenue, to Charles and Ruth Mohnike. 5-40 34 Mohnike Family - June 28, 1906 - January 5, 1911 (Appendix 1, Document # 2) The second owners of 238 were Charles F. and Ruth A. Mohnike. The Mohnikes were a large and active family. They owned the property for 4 % years. They had lived in National City, and were another of the early purchasers of property in Chula Vista. On the 1894 SDL& TC Plat map they had a home at the corner of Second Street and National Avenue. Later they had a large house built for them on another lot, and moved there.98 · In 1910, when the Mohnikes owned the 238 property, the census included the following information: the Mohnikes resided on Third Avenue, in National Township.99 The family com¡¡lsted of head of household Charles F. Mohnike, his wife Ruth A., and their nine children. At that time, Charles was 44 years old, born in Iowa of German parents, and listed his work as a · fruit farmer. He owned his home and farm, although it was mortgaged. The farm census schedule number was 39. Ruth A., born in Iowa of parents from Kentucky and West Virginia, was 42 years old, and through her 21 year marriage had had nine children, all alive in 1910. The progeny included sons H. Carl (aged 20) and Hillrary (sic)1oo (19), daughter Marie (14), sons Louis (12) and Paul (10), daughters Evangeline (8) and Faith (5), · 98 This house was included in the Mohnike's sale of this lot in 1913 to the Frederick Manor, a retirement home for aged persons. For awhile it was used by the hospital, but eventually was demolished. (Crockett, Laura D., Fredericka Manor: A Brief History, Chula Vista Library, John Rojas Room.) 99 Chula Vista was not yet a town. Note also that the Mohnikes did not reside in 238. The large house they lived in was next to the Fredericka Home for the Aged (Directories 1901-9, Goris 1994). Charles commissioned otto and Sons of San Diego to design a park on their property containing rare trees and semi-tropical shrubs, shaded arbors, and croquet and shuffleboard courts (Goris 1994). · 100 The correct spelling is Hilleary; it was his mother's maiden name. 5-41 35 and sons F. Edward (3) and Sherman (6 months). The oldest son, Carl, was listed as working on his own account, and he was apparently farming, as he was given the farm schedule of 40 by the census enumerator; his farm was also mortgaged. The second son, Hilleary, was notattending school, and probably helped on the farm properties.101 Marie, Louis, Paul, Evangeline, and Faith were attending school. The family also had two servants living with them. Ella Vorhees was an 84 year ol~ divorced woman from Illinois, and George Kitai a single 24 year old man who had arrived from Japan in 1900. Several people remembered stories about the Mohnike family. Charles Mohnike owned one of the first automobiles: The Monikes (Mohnikes) lived in a big house which finally became the first home of Frederika Home for the Aged. Carl Monike was my friend. His father had a Stanley Steamer automobile. To start it operating, they had first to light a fire under the boiler and wait for the steam to be generated. When the steam was up to the required pressure, the car was ready to travel at a gradual acceleration and considerable speed.102 Another story: Mrs. Mohnike was a very kindly person who endeavored to make life more pleasant for her neighbors at the Home in any way she could. She gave them generous amounts of her home-made guava jam, made from the many guava 101 In the 1920 Census, Hilleary was still farming, although at a different location in San Diego (www.ancestry.com). 102 Ward, Martin Luther, in Chula Vista Historical Society Presents Family Friends and Houses, Tecolote Publications, San Diego, page 368. 5-42 _...__""__"._...____m__u___ 36 bushes near the house. She helped with the vesper services in the lounge on Sunday afternoons and even served as mediator when petty differences arose between women. First one would come to the house to present her side of the quarrel, and when she had left the other would come. Somehow Mrs. Mohnike usually managed to resolve the problem and restore peace.103 And: Then there was the episode of the silk worms.... An eleven year old Mohnike boy began raising silk worms in his bedroom as a business venture. As their number increased they took up more and more space in his crowded room.... But the boy found a solution by taking the worms to the trees. The birds had a feast on the fat, juicy worms. But the children who kept watching for cocoons to appear were continually puzzled when they didn't.i04 A search of the deeds on file for the years 1905-1907, when the property transfer took place between the Davidsons and Mohnikes, shows that Charles Mohnike had recorded 24 changes of title during that time.i05 The San Diego Land and Town Company was still advertising its Chula Vista holdings aggressively. In the 1910 January 1st edition of the , . San Diego Union, their description specifically mentioned land they still owned near the former Davidson town lot property, "large city lots located near post office, church, school, etc."i06 103 Crockett, Laura D, Fredericka Manor, A Brief History, nd, 13. . 104 Goris, Earl 1994:30. 105 Index to Deed Books, 1905-1908, San Diego County Recorder's Office. 106San Diego Union, January 1,1910:3. 5-43 37 Charles Mohnike took advantage of the accessibility of the new Chula Vista development, and purchased a large number of parcels, most of which he sold immediately for a profit.107 In fact, one of the early subdivisions in Chula Vista was the Mohnike Subdivision of the former Davidson 5 acre parcel across from the town site. Dated December 1910 on the map,108 the parcels were eventually filled by numerous businesses, including, fronting F Avenue, the People's Bank (the first bank in Chula Vista), a hardware store, and the City Hall. Tax assessment for the lot was $350+ for the land and a structure value of $200.109 The City Hall building was a one stop location for all civic needs: the city clerk, police department, fire department, library reading room, jail, and court room were all within the structure.11O The tax rolls for 1912 are available at the Chula Vista Public Library's John Rojas Local History Room, and show the listings for Mohnike's sales on the Mohnike Subdivision. Block 3 of Mohnike's Subdivision was the first property annexed by the city of Chula Vista. "The purpose: they had to . acquire that land as part of the City so they could purchase the first City Hall.,,111 Charles, like many entrepreneurs of the time, took up agriculture: he listed his occupation in the San Diego City and County Directories as a rancher.112 He was also interested in improving conditions for himself and 107 Tax rolls, Chula Vista Public Library, John Rojas Local History Room. 108 Assessors Map 1284 at San Diego County Recorder. 109 Index to Property, 1912, John Rojas Room, Chula Vista Central Library. 110 Sanbom Fire Insurance Map, 1926. 111 Phillips, Irene, 1968, The Chula Vista Story. 71. 112 Directories 1901-9. 5-44 -- _.__._-~-- 38 the other Chula Vista farmers. He opened the first packing house in the community on his property near F Street; it was a large facility, measuring 50 x 150 feet. 113 By 1910, Mohnike had diversified into real estate, with an office at 1021 4th Street (Directories 1910). The same year he is listed in the Chula Vista directory as working in real estate, insurance, and fruit growing. He was an extremely successful businessman, and in 1910 he purchased the Penasquitos Ranch, located in San Diego's north county. Charles paid $100,000 for it, and it made headlines as the largest amount of money given for any land transaction in the history of San Diego County. He proceeded to build a fine house, and became one of the most progressive agriculturalists in the county. He was one of the first to have a horse drawn combine harvester, which cut the grain and baled the hay. There were about 800 horses and 1200 Hereford cattle on the ranch. He also had a flock of ostriches, which were raised to provide feathers popular for the ladies' hats of the time.114 In 1911, his son Carl was also listed as a salesperson at C.F. Mohnike.115 One mystery was who actually lived in 238 during this four and one half year period of the Mohnike's ownership. The Mohnikes clearly were residing in their large home by Third Avenue. The solution is that 238 was rented out. 113 Phillips, Irene, 1968, The Chula Vista Story: 26. 114 Heisig, interviewed by Wade, Sue A., 1996, Cultural Resource Survey and Monitoring Results for the Rancho Penasquitos Equestrian Center, report prepared for the City of San Diego, page 8. 5-45 39 Wright Family It is not possible to identify Chula Vista residents by their street addresses in the directories in 1910. However, this can be figured out using a different line of reasoning. By comparing the names of the property owners listed on the western side of Fourth Avenue on the SDL&TC 1894 plat map with the same surnames of the people who were enumerated in the census of 1910, several name matches were identified. By following the "number of family, in order of visitation" census column down, it was clear the enumerator stayed on the western side of the street. The .. neighbors to the immediate north of 238 (family number 133, farm schedule 60) were Partus B. Smith, his wife Mary and their son Albert. To the south, was the Haines properties, 116 where John Campbell, his wife Cornelia, and infant son Moris lived (family number 135). Next to them resided the widowed Mary Crocket with her four children (family number 136). On the 238 lot - family number 134 - was, in 1910, James H. Wright, his wife Kittie, and their two young children Helen (aged 2) and John T. (7 months old). James was "working out" as a farm laborer, and no farm schedule number was given. This means that he was living in the 238 farm house, and working at a farm that belonged to someone else, in this case, Charles Mohnike. 115/bid, Wade 1996; Directories 1911. 116 The Haines family was residing in their other house in San Diego at the time. 5-46 40 The exact date of when the Wrights moved into the 238 house is unknown. However, the birth date of August 17, 1909 for their son John T., raises the possibility that they resided there when this baby was born.117 It is interesting that some of James' life history mirrored John Davidson's. Like John M., James was born in Kentucky, and like Davidson's first wife Eva, his wife Kittie was born in Illinois. James, however, was much younger than John M. at this time, listed as age 29. Kittie had been previously married, and was older than her husband, at age 32. A search of the directories finds "Wright, James H, rancher" listed in Chula Vista in 1911 and 1912. In 1911, the Mohnikes sold the 238 property to Rose McCoy. The James Wright family moved to another ranch on F Street. In 1923, his sister in law, Mrs. Annie Wright, was the pr9prietor of the McCoy Hotel, located at 236 F.118 The James Wright family were still living at the ranch in the 1930 census.119 James Wright became the yard foreman of the Chula Vista Lumber Company in 1920, and his brothers Charles H. and Dewey joined that company in 1921. There is a photograph of J.H. Wright in the December 18,1925 "Prosperity Edition" of the Chuta Vista Star. 117 California Birth Index, 1909-1940. 118 Directories, Chula Vista, 1923. 119 Census, 1930 (www.ancestry.com). 5-47 41 McCoy Family - January 5, 1911 - October 26, 1942 (Appendix 1, Document # 3) In Chula Vista, George and Anne McCoy lived with two daughters, Mary and Rose. Rose was born in Toronto, Ohio on December 20, 1870.120 In 1911 Rose was residing in Chula Vista, and worked as a bookkeeper for the San Diego Home Telephone Company.121 She paid taxes on the 238 property that year. The assessed value of the property was $750 for the land, $175 for "houses, barns, etc." and "trees and vines· were worth $60.122 Other members of the McCoy family were quite prominent in Chula Vista. On the 1894 SDL& TC plat map, Mary McCoy owned a 5 acre lot at the corner of Third Avenue and H Street.123 She and her husband, William T. McCoy, ran the McCoy Hotel, which, in the 1910 census, included their three daughters and a nephew in the household, and 17 boarders, mostly men employed in agriculture, in their hotel.124 The McCoy Hotel was located at the northeast corner of F Street and Third Avenue, directly east of the Davidson I Mohnike town 10t.125 The McCoy Hotel offered "BOARD AND ROOMS BY DAY OR WEEK Prices Moderate.· They also advertised their "Livery and Sale Stable. Driving and Saddle Horses. Horses for 120 Death certificate, Rose Adda McCoy. 121 Directories, Chula Vista, 1911. 122 1911-1914 Index to Property Book #1, John Rojas Room, Chula Vista Public Library. 123 The SDl&TC map designates the property as being owned by Mary McCoy, but the 1910 Census lists her husband William as head of household. 124 Census 1910 (www.ancestry.com). 125 Directories, Chula Vista, 1913. 5-48 42 8ale.,,126 This family was related to the McCoys who were the next owners of 238; in fact Rose's sister Mary was named after their aunt Mary. Another photograph of the Chula Vista houses was taken sometime in 1911 (Figures 20 and 21). The view shows 238's southwest angle with the kitchen area and southern wall depicted. The kitchen remains as it appeared in the earlier (1892) photograph. The chimney in the second story roof appears to be more prominent, and the rail decoration is still on the roof crest line. The south part of the now L shaped front porch is visible. The palm trees on the sides of the driveway are now well established, and the citrus trees are also. The formerly open field area is filled with citrus. It seems likely the McCoys (not the Mohnikes) owned the house when this photograph was taken, as they took possession of the property on the 5th day of 1911. The directory listing of 1912 shows Rose's father, George W. McCoy, was residing in Chula Vista, and working as a liveryman,127 probably at the McCoy Hotel, run by his brother William and sister in law Mary. That year, there was an increase in the value of the 238 property, with the land being valued at $1000. The other categories remained as in 1911.128 By 1913 George's work had changed to orchardist, and Rose had begun working for 126 Chula Vista Historical Society, nd, Stories, Tales and Folk-lore, page 30. 127 Directories, Chula Vista, 1912. 5-49 43 the E. Melville Realty Company as a bookkeeper.129 There had been an addition or improvement in the "houses, barns, etc.,· as that column now had raised to $200.130 It is probable that this was when the western upstairs bedroom was converted into a bathroom. George McCoy's move into Rose's farm property was probably a result of the miserable weather conditions of that year. Many orchardists in Chula Vista were hit hard by the big freeze of 1913. On January 8, 1913, the temperatures plummeted, killing trees and destroying the fruit crop. Records state that many of the trees had to be taken out, and others had to be severely pruned back. Unfortunately, the following September, the temperatures reached 110 degrees which had additional disastrous results for the animals and the recovering citrus orchards. 131 California men gave women the right to vote in 1911. It wasn't until several years later, though, that a female living in 238 exercised this option, when both Rose and her mother were listed in the Great Register of Voters in 1916. They arrived together to register, with Mrs. Anna McCoy described as a housewife, and Miss Rose A. McCoy a bookkeeper. The 128 1911-1914 Index to Property Book #1, John Rojas Room, Chula Vista Public Library 128 Directories, Chula Vista, 1913. 130 1911-1914 Index to Property Book #1, John Rojas Room, Chula Vista Public Library 131 Krantz and Read 1961 :61. The drought mentioned earlier, the freeze, and the heat wave, coupled with a disastrous fire that burned down the Mohnike's fine new home in Penasquitos, and an overextension of the Mohnike's land holdings and over confidence in land speculation combined to ruin them. The Mohnikes were reduced to living in what they had planned to be their servant's quarters in Penasquitos, and came back to Chula Vista briefly. The family's fortunes had reversed, and, not liking the rurellife in the smaller house, the family moved to Los Angeles County. 5-50 - "-.- ---..--------..-..---...------- 44 address given on the register was "4th Ave near E.n They were both enrolled in the Republican party.132 From 1915 to 1918, the 238 property was valued at $2500, houses and bams were $175, and trees and vines dropped to $25.133 Part of this drop in crop value may have been caused by one of the most significant weather incidents in the history of San Diego County, which occurred in 1916. Seeking to ease the drought, the city of San Diego hired Charles Hatfield, rainmaker, to make rain. And, apparently, he did. The resulting floods broke dams, washed out roads, railroads tracks, bridges, and several people were killed.134 Significant problems resulted for farmers from this inundation of water. Fields were flooded, with saturation of rootstocks causing root rot, and damage to the trunks of established trees resulting in brown rot. For citrus, particularly lemons, which ripen all year round, over watering causes the skins to burst, ruining the harvest. Extreme dampness also results in an increase in molds and fungus, and pests like slugs, snails, mealy bugs and aphids, which further negatively impact the trees. 135 In 1920 George was listed in the directory as working at and being the householder of "4th 1 n of Davidson," and Rose was now listed as 132 Great Register of Voters, Chula Vista, 1916. 1331915-1918 Index to Property Book #2, John Rojas Room,Chula Vista Public Library 134 Starr, Raymond, 1986, San Diego A Pictorial History, The Donning Company, Norfolk I Virginia Beach. '" Citrus roots are mostly near the surface; primarily within the top 2 feet of the soil. Citrus requires good drainage to flourish (Ray, Richard and Lance Walheim, 1980, Citrus How to Select, Grow and Enjoy, Price, Stem Sloan, Los Angeles, page 118; Sunset Western Garden Book, Sunset Publishing Co., Menlo Park, . California, page 230). 5-51 45 residing and working there.136 The taxes were stilllisteQ under Rose A. McCoy. The values now, from 1919 to 1920, were $2500 for the land, $175 for houses and bams, and nothing is listed in the trees and vines column. Additionally, in 1919, there was a "Paving Assessment Bond" noted. In around 1920 the San Diego Land Corporation published a map showing values of some of the property in Chula Vista (Figure 22). The majority of Chula Vista, including Lot 5 of Section 137 is shaded in and there is no key telling what this means, although it probably indicates land that was not for sale. One thing that is clear is that some nearby numbered orchards are marked, with the values of crops by acres indicated. The closest of these numbered orchards to 238 are Orchard Number 136 of approximately 10 acres, located at the northwest corner of E Street and Fourth Avenue; and Orchard Number 134, consisting of 20 acres, and located on Fifth Avenue from E Street to F Street. Both of these orchards were producing fruit valued at $2000 per acre. This gives an idea of the values of the fruit that may have been produced at 238. In 1921 and 1922, the property was now listed as being the estate of Rose McCoy. The value of the house had risen sharply from the stable $175 it had been for most of Rose's ownership, to $500.137 This may indicate an improvement in the structure. 136 Directory, Chula Vista, 1920. 1371919-1922 Index to Property Book #3, John Rojas Room, Chula Vista Public Library. 5-52 ". - ~..^.__.._.- "","-"'-'- 46 Rose Adda McCoy was 50 years old when she died on February 3, 1921. She had become ill, was diagnosed as having chronic gall bladder disease138 by use of a roentgenogram (x-ray), and an operation was performed in January in an attempt to save her.139 Subsequently, she developed kidney failure.14o She was cared for during her final illness by the nuns at St. Joseph's Hospital in San Diego,141 and buried in the Palm Terrace garden at Greenwood Memorial Park, lot 129, 3/2. Her marker is a flat granite stone, with, in very low relief, "ROSE A McCOY /1870 - 1921" on it.142 Rose realized she was dying, and she made out a will. She designated her boss, E. Melville, as the executor of her estate (Appendix 1, Document # 4). Mr. Melville was a successful businessman. Edward and Lucy Melville lived on a 20 acre lemon orchard on E Street (between Fourth and Fifth Avenues), then moved to a 5 acre lot at the northwest corner of E Street and Fourth Avenue, where they lived for the rest of their lives.143 Mr. Melville became interested in real estate, and built the Melville Building on the corner of F Street and Third Avenue, across from the former Davidson town lot. His office was located on Third between F and Center Streets. Rose's property was passed on to her father, George Willets McCoy, and mother Anna on August 18, 1922 (Appendix 1, Document # 4). A map published in 1924 by a local bank shows the various housing tracts that 138 Sally Waller, nurse, personal communication to Susan Walter, 2003. 139 Death Certificate, Rose Adda McCoy. 140 Sally Wall~r, nurse, personal communication to Susan Walter, 2003. 141 Death Certificate, Rose Adda McCoy. 142 Greenwood Memorial Park. 143 Chula VISta Historical Society, 1991, Family, Friends, and Homes: 228. 5-53 47 had been built in Chula Vista. The neighborhood had changed significantly from its original rural character. The land across the street, on the south side of Davidson Street, was now completely filled in with a small subdivision of houses. Twin Oaks Avenue bisected the new development, stopping at the north at the 238 property line (Figure 23). Two years after inheriting 238, in a move to clear the title, George and Anna granted the property to E. Melville on December 23, 1925, who promptly granted it back to them the same day (Appendix 1, Documents # 5 and 6). Their next legal transaction was to grant a one sixth interest in the 238 property to Maud Edna Francey, with the remaining five sixths going to their daughter Mary Ruth Schertzinger, on April 24, 1929 (Appendix 1, Document # 7). But, George and Anna may have separated, as in the Great Register of Voters list for 1924 only Mrs. Anna McCoy's name appears, and also, in the 1930 census, 82 year old Anna, her daughter Mary and son in law John Schertzinger were the only residents listed in the 238 Fourth Avenue property. In fact, there is no George McCoy listed in San Diego County for 1930.144 Sometime during this period Anne McCoy died, as indicated by the next two deeds for 238 dated 1939 in which the two young women who had title to the property granted it back to George McCoy, a widower (italics mine), These transactions occurred on June 26 for Maud Edna Francy (Appendix 1, Document # 8), and a month later on June 12, Mary Schertzinger did the same thing (Appendix 1, Document # 9). George died on August 4, 1942, at the advanced age of 94 years, in Alpine, where he had been living for a little over a year with his daughter Mary and her husband that had apparently 5-54 48 moved out from the 238 home in Chula Vista. His death certificate describes his 'usual occupation" as an electrical operating engineer.145 However, the 238 property was still being farmed through most of this period. Census information in the 1920s and 1930s shows several concentrations of laborers living in Chula Vista, including men of Chinese, Japanese, and Mexican ancestry. It is possible that Rose or her mother hired a foreman who may have used laborers from these work crew sources. In 1926 the Sanborn Fire Insurance Company produced maps including the Chula Vista areas, showing the 238 property (Figures 24 & 25). The property covers the entire section designated as 242.146 The house faced east to Fourth Avenue. To the south was Davidson Street. To the west was Del Mar Avenue. To the north, the neighbors had another full section showing a small dwelling, a storage building, and a garage. The same two structures are shown on the 238 property: the house, and garage. The house is located in the centerline of the lot, about ~ back from the front of the 4th Avenue entrance. The auto garage was located in a direct line from the northern boundary of the house, and to the north so that the front ofthe house still showed from the street view. The house at 238 is irregularly shaped with three doorways. The. front door was at the extreme southeast corner of the dwelling, and there 144 Census 1930 (www.ancestry.com). 145 Death certificate, George Witten McCoy. 5-55 - 49 was an L shaped open porch in front of it with a doorway located at its extreme southeast comer. The third doorway was at the back of the house at a small open porch that ran evenly with the projection of the kitchen. This back entrance was probably the location of the "mud room," with an outdoor shower for cleaning Off.147 A zoning map for Chula Vista, dated 1927 (Figure 46) shows the eastern portion of Lot 5 zoned to "A or Class I - Single Family dwellings only." All property to the east of Fourth Avenue remained in Class I. The rear of the lot (west) had been designated as "B or Class II - Flats or multiple dwellings, apartments, hotels, schools and public buildings as well as family dwellings.' This meant that much of the former orchard land was now available to be developed. In 1928 the county of San Diego was photographed from the air.148 The section showing 238 has its 5 acres still as a farmstead (Figure 27). There are mature palm trees in front of the entire length of the front (east) of the property; the 6 to the northeast of the entry to the driveway are still present (2004). Also still present on the property are the 5 palms that line the driveway in the 1928 photo. In 1928, various smaller trees surround the house. The house appears cross shaped due to the roof ridge lines. There may be a large tree at the northeast corner of the house; whatever this is, it rather oddly appears rectangular in shape.149 146 This is the Assessor's parcel number; it has nothing to do with the street number. 147 Carole Garrett and Maude Smith both described this to Susan Walter. 148 The originals are at the San Diego County Operations Center, Annex Building, in the Cartographic Department. 149 There are soil indications of a subsurface octagonal shaped object there now (2004); we have speculated it may be a cistern. 5-56 . 50 Excepting the driveway plantings and those immediately surrounding the house, the land from the back (westem) edge of the house to the road . may be planted to low growing crops. Behind (to the west) of the house, the property is planted to apparently 3 different orchard crops. First, there are crops planted in 5 rows running the length of the property from Davidson Street to the former Smith property; secondly, three staggered rows of trees running from the edge of the first planting to nearly the back of the house, dividing the 5 acres in half; and third, more mature orchards planted on either side of this dividing planting. The 238 orchards are lighter in color than most of the surrounding foliage. It is possible they were suffering from neglect or were stressed for water when the photo was taken. The next map (Figure 28) was a product of the Chula Vista Chamber of Commerce, and was published in 1930. This map showed Chula Vista artistically encircled by a magnifying glass. It was used for several years in the directories. 238 was depicted as on "Fourth Avenue;" in fact the street names never did change on this map, although they did in later directories. One datable feature on the 238 property is a telephone pole, located near the southwest corner of the garage. The nail head date is 1931. There is no name listed in the 1931 telephone book for 238, but a listing in 5-57 . 51 the 1932 issue shows, "McCoy, G W Mrs r 248 (sic) - 4th av ... Chula V- 385. n150 Another aerial photograph of the Chula Vista area was taken on October 19, 1937 (Figure 29). The 238 property presented a radically different appearance from the aerial photograph taken nine years previously, as all the orchard trees had been removed. In this view, the house and surrounding landscape are isolated in the five acre area, with the fields planted or plowed in three roughly equal north-south trending sections. Orchards still exist to the north and east, with houses to the south and west. Davidson Street, bordering the 238 property, is considerably wider than its continuation to the west. 151 In 1941 Mary Schertzinger returned once again to the County Recorder's Office to get the 238 property properly assigned to her father. An examination of her previous attempt shows the problem. Mary's 1939 recordation (Appendix 1, Document # 9) directly followed Maud's 1939s legal transaction (Appendix 1, Document # 8). However, the typist, copying the previous entry from Maud's document, included the phrase "one-sixth " ." interest" in Mary's document. This resulted in Mary's needing to return to get her entire properly (which was "five-sixths interest") correctly described, so on June 12, 1941 she returned to grant "all that real property" to her father (Appendix 1, Document # 10). 160 Telephone Directory, Southern California Telephone Company, San Diego and San Diego County, January 1932. 5-58 52 In 1942 George McCoy apparently entered into some sort of agreement with Sytze DeHaan regarding the transfer of ownership of 238 to the DeHaan family. Before it was completed, however, George died. On October 26 Sytze and his wife Geeskie were awarded ownership of 238 by a decision of the court (Appendix 1, Document # #11). They immediately made sure that they equally owned the property by granting to "S. M. De Haan and Geeskie De Haan, husband and wife, as joint tenants with the right of survivorship" (Appendix 1, Document # 12). Two days later, Mary Schertzinger, who was executor of her father's estate, formally deeded the property to the DeHaans. m This feature of Davidson Street still exists in 2004. 5-59 53 DeHaan Family - October 26, 1942 - August 27, 1971 . (Appendix 1, Document # 13) The original purchasers of the 238 property by members of this family were Sytze (father) and Geeskie (mother) DeHaan. The last person to own it was Wilga Beatrice DeHaan Priester (one of their daughters). Two members of the DeHaan family were interviewed. The first was Maud Smith. She came to visit the 238 house on July 3, 1994. Maud lived at 238 Second Avenue from 1941 to 1955, when she moved to Bonita to live with her sister, Wilga. When she was interviewed two of her siblings were still living: Wilga DeHaan and Heyda Fokker. The second person of the DeHaan family to be interviewed was Heyda Fokker of Potrero. Heyda visited 238 on November 1, 2001 accompanied by her nephew Peter DeHaan and his wife Phyllis. Sytze, Geeskie, and their children emigrated from Holland, with Sytze and one son arriving in 1916 and the others in 1918.152 They owned a cattle ranch in Havre, Montana, and their nine children grew up loving to ride horses. When Maud graduated from high school, her first name was misspelled "Maude" on her diploma. Her parents told her they had not named her that; later when she graduated from Montana State College at Billings she made sure her degree had her name spelled right. She taught school for 2 years, and then went to .college at Columbia. 152 Census 1920. 5-60 .._.."._~-_._._--,._._---, ._-~--- 54 Mr. and Mrs. DeHaan had received ownership of the house at 238 Second Avenue in a court ruling after George McCoy's death in 1942. In 1945 Sytze and Geeskie granted the 238 property to their daughter Wilga Beatrice De Haan (Appendix 1, Document # 14). Sytze DeHaan was a retired building contractor when he died, at age 85. He died on March 14, 1948 in his home at 238, after living there for seven years.153 Sytze's first name was regularly misspelled; it shows up, for instance, as Sydney, Setse and Seats in other documents. Geeske Veenstra DeHaan was born August 20, 1865 in the Netherlands. She was a housewife and also worked at home. She was 89 years old when she died November 1, 1954 of cardiovascular disease. Like her husband: she died at home, in 238.154 Mrs. Smith said the palm trees, protocarpus, carob, Brazilian pepper, and locust trees were there when the DeHaans moved there. Mrs. Smith did not remember the eucalyptus in the back.155 Mr. DeHaan installed the gates156 and fence around the yard, and planted the large tree currentliby the living room chimney. The driveway was gravel. Their sister Synthia Priester lived there longer than any of the other siblings. She made several changes and fixed up the place.157 Some of Mrs. Priester's changes included installing the rose garden, building the garage (she replaced an older one that was already in the same location), 153 Sytze DeHaan obituary, San Diego Union March 16, 1948 13:5. 154 Death certificate, Geeske Veenstra DeHaan. 155 The eucalyptus in question was a stump with an attached tabletop when she came to be interviewed. 156 The gates were replaced in 2004. 157 Synthia died in September of 1993; gravestone, Glen Abbey. 5-61 55 the guest house, and the building in back. For a while, Mrs. Priester's son and also her brother lived with her in the main house. The DeHaans owned the property to the south with the Victorian house on it,158 and sold it to a family that really liked Maud's horse; they used to come over and play with it often. Davidson Street was a dirt road then. At one time, Maud said, she owned a small house to the west of her parent's house; it faced onto Twin Oaks. Her parents sold the lot to the north of their property, 232 Second Avenue, to the Dutch people who moved there. Maud had a horse, and the stable was located where the house at 244 Second Avenue is now. Mrs. Smith moved the stable and small barn to her current house in Bonita when she moved there. She left because her neighbor, Mr. Lansley, became very unpleasant about the presence of her horse, complaining of flies and dust. He owned a lot of property that he was developing across the street on Second Avenue, and felt the horse's presence caused him a hardship in selling his property. Maud worked at a bank in San Ysidro for some years, then got married while she was working at the Concrete Ship Constructors 159 but the marriage failed. They had no children and she divorced him after a short while.16O 158 Commonly now called the Cordrey House, it was built by A. Haines. 159 in 1943 she was listed as working at Valley Paving & Construction Co., located at 292 F Chula Vista (Directories 1943) 180 Maud died February 27,2001. She had lived in San Diego County 53 years. Her usual employer was listed as the City of National City, where she was employed as a secretary in City Government. She is buried in the family plot at Glen Abbey. (Death certificate, Maude Smith) 5-62 - --------.- 56 When they walked through the interior of 238, both Maud Smith and Heyda Fokker pointed out several changes. The current front door was the original front door, but it had been moved east, as originally there was a glassed in porch along the east wall of the main entrance. Also, there was an outdoor porch along the south wall, with two chairs on it. They remembered the living room as smaller, with a piano in the southwest corner, a telephone in the northwest corner, and the fireplace where it currently still is, except the fireplace was a different, plainer style than what is there now.161 They remembered there was a doorway connecting the living room to the dining room. The dining room was wood paneled, had a stained glass window, and was equipped with dining furniture. The kitchen was smaller, and had fewer counters. The DeHaans installed the butcher block. The family room downstairs was much smaller, and used as a bedroom; it had had two twin beds in it. At that time the doorway that now leads into a bathroom went outside to an outside bathroom, with a "fountain" and a toilet, but no tub. Maud said the stairway closet was never a bathroom, but Heyda disagreed with that. They both remembered the narrow staircase, and how it had been darker then. Upstairs, the hallway bathroom had the toilet in the northeast corner, and a large tub was along the western wall. They both commented on the tub - an "old fashioned one" - as very þig, because, they said, the man their parents bought the house from (Mr. McCoy) was extremely tall, and it was installed especially for him. Both women said this room had been extensively remodeled from how they remembered it, and Maud did 5-63 57 not remember a window in it where the blocked in one is now. The upstairs bedrooms are as they were except for the closets, which weren't there. Heyda stated the linen closet now there did not exist when she lived here, and that wall continued to the connecting wall of the south bedroom. They were interested in the upstairs additions of the art room, master bedroom, and master bathroom, which did not exist when they lived there. Maud mentioned there had been an attic room. They remembered the outside patio as "beautiful", They built the back structure and various family members lived in it. Mrs. Fokker remembered having great barbeques in what is now our office. Marg (Marguerite) and Wayne Parsons were interviewed on November 28, 2003.162 They have lived across the street from 238, at 247 Second Avenue, Chula Vista since December of 1952. The land was sold to them by Mr. Lansley; it had been part of a lemon orchard, and until about 3 years ago still had an original lemon tree on itfrom the Lansley orchard. Marg was a good friend of Maud's. When they met, Maud was working at the Bank of America with Marg's brother, Reynold. Marg remembered Maud, Maud's sister Synthia, and Synthia's son Arthur all living at 238. She said the back building on the 238 property was built by Synthia for Arthur to live in. Marg and Maud both loved horses and rode often together. Maud liked to ride cross country - often on solitary rides, but Marg also competed in various horse competitions, in elaborate 161 The following owners, the Garretts, covered the surround with decorative tile. 162 A tape recording and transcript of the interview are at Walter Enterprises. 5-64 --,'-'" 58 costumes she made herself. One time, she remembered, she persuaded Maud to join her, and they really enjoyed themselves. Marg remembered the horse and horse corral as described by Maud Smith and Heyda Fokker. She said she and her daughter Linda used to go over and pat Maud's horse. Although Maud was a conscientious owner, cleaning up constantly, Mr. Lansley made numerous complaints about Maud's horse, and eventually Maud moved, taking the corral and barn along with her. Wayne never went into 238 during the time the DeHaans lived there. Marg only went into the front room of the lower floor. She remembered that the interior of 238 was furnished simply. Additional information was found at Glen Abbey Cemetery, in the family plot. The DeHaan family plot includes 9 bronze flat plaque markers identical in style. All lettering is in upper case. The markers are all facing towards the south with all surrounding markers facing to the north. They are located near the Sleepy Hollow Mausoleum in block 10, section 110. The grave markers are arranged in the following order, with the information as presented here: north west east JACK M. FOKKER / BELOVED SYNTHIA ANDRE' A. ARTHUR R. DeHAAN / ANTHONY J. / DAUGHTER DeHAAN PRIESTER I LANGFORD I IN MEMORY / 19071992/ AND SISTER I PRIESTER I FELLOW OF THE 1922 2000 I 1895 1967 IN LOVING WILGA BELOVED INSTITUTE I OF BELOVED MEMORY' I DeHAAN I WIFE AND AERONAUTICAL SON AND 5-65 59 5-111-10- BEATRIXI DAUGHTER I SCIENCES I GRANDSON 1911 1994 1891 1971 1891 1955 MAUD DeHAAN SMITH I BELOVED DAUGHTER I 1907 2001 BELOVED BELOVED HUSBAND WIFE AND AND FATHER/ MOTHER I SYTZE M. GEESKE DeHAAN I VEENSTRA I 1862 1948 DeHAAN I . 1865 1954 ... south * Fokker is centered and there is another half 'space reserved for Anthony Fokker's wife Heyda who is still alive (in 2004); 2 burials will be in this plot. -·Cemetery location number. I Indicates the end of the inscription line. On the 1951 Sanborn map, there were several changes in the configuration of the parcel, which is now listed as 242A (Figures 30 and 31). A major change was the addition of Twin Oaks Avenue to the west. Property formerly owned by 238 had been sold to the southwest (address 223 Davidson), to the west (241,237,233,229 Twin Oaks Avenue), and to the north (226 and 232 Second Avenue). The land on the corner of Second Avenue and Davidson still belonged to 238. The two buildings shown on the Sanborn map for 1926 are still the only ones shown, 35 years later. No change was noted for the auto garage. For the house, the only difference is that the front patio has been considerably enlarged and although indicated as open on the front (east) 5-66 60 side, now has a solid wall on its south side, with a doorway placed at the southwest corner. (Currently [2004] there is an old concrete porch at that location.) The enlargement nearly doubled the size of the porch from its earlier L shaped configuration. A Master Property Record for 238 is available at the San Diego County Assessors Office, and covers part of the time the DeHaans owned the parcel. In the table below is the information that is entered on that card: DATE LAND IMPROVEMENTS PERSONAL NET TOTAL SLOGS., ETC PROPERTY 1950 680 850 90 1620 1951 860 950 90 1900 1952 1430 - 210 2590 1953 - 1140 210 2780 1954 - 1260 330 3020 1955 - - 130 - 1957 1170 - - - 1959 1170 1940 190 - 1962 - - - 3300 1963 1640 1510 160 - 1966 - - 150 - 1967 - - 130 - 2500 870 140 - 1969 2600 900 - - 2600 1300 - - 5-67 . 61 The DeHaans were constantly maintaining the property, as can be seen in the column marked "Improvements, Bldgs., etc." However, the greatest changes to the house would occur during the tenure of the next owners. On September 4, 1971, Wilga De Haan sold the property to Harvey N. and Carole S. (sic) Garrett. 5-68 62 Garrett Family - August 27, 1971 - July 10, 1992 (Appendix 1, Document # 15) Carole Garrett was interviewed on the telephone in May 1996.163 She said she and her brother were raised on a ranch in Tyler, Texas. She was very strong; she swam a lot, worked with cattle, and could pick up a bale of hay. She ran 3 miles a day until she got leg problems. She worked as an auditor for GE. She is ambidextrous. Her hobbies include sewing, crafts, piano, and art work. She likes animals, and has had several pets. Harvey was from the Panhandle in Texas. He first came here while in the Navy. They moved to a house in Point Loma, and had five children. A terrible tragedy occurred when one of their sons rode his tricycle out in the street and was killed by a truck. Another baby died of sudden infant death syndrome. They decided they no longer wanted to remain at that house, and were looking for a place to move. They went for a drive at lunch one day and saw 238 for sale. To them, one of the great appealing points of this property was the large, completely fenced and gated yard. Harvey called the realtor. In a couple of days they decided to move, and sold their house in Point Loma. The Assessor's Parcel Map currently available from the San Diego County Assessor's Office (2004) shows the 238 property as measuring 100 feet wide on the front (east) and back (west) boundaries, and 205 feet long on its north and south boundaries. It's number is Lot 10 in Block 074 of 5-69 63 Quarter Section 137 (Figure 33). This is the configuration of the property the Garretts purchased from Wilga De Haan, While living at 238, Harvey's business was: Cost-Less· MOBILE HOME SALES WE BUY AND SELL NEW & USED TRAILERS FREE APPRAISAL PHONE (714) 420-7733 1477 THIRD AVE. CHULA VISTA, CALlF.164 When the Garretts moved to 238, they brought in a trailer that they lived in for 5 months. They used the back building 165 for a living room as it had an electric heater. When they first moved in Carole realized the heat sources for the entire house consisted only of a stove in the dining room alcove, and the living room fireplace. Another reason not to move into the house was that there was a lot of plaster dust as a result of the Garrett's remodeling of the interior. Carole said they burned the building debris in the barbeque in the playroom. Beginning in February of 1972 they made extensive changes and improvements to the house (Figure 32).166 Wanting to keep the original 163 Personal Communication, Carole Garrett to Susan Walter May 1996. 164 Sticker applied to the sliding glass door of the former playroom at 238 Second Avenue. 165 The Garrets later used the back building as a recreation room, and referred to it as the playroom. 166 A building permit was granted to Harvey Garrett on February 7, 1972 to: "add bedroom, den, alter living room, alter kitchen". 5-70 64 style of the house intact, they had all lumber milled to match original size, and like the original lumber of the house, it is redwood.167 They rebuilt the front steps and changed the entryway. She said the current the front door was the original entry door and there was another front door also. Only the family room had carpet; the rest of the house had vinyl flooring. To enlarge the original parlor I living room, they enclosed the L shaped porch, and moved the original exterior wall out fUrther. An original multi pane window from that room was moved into the kitchen area. The result was an entryway flanked by a sunroom to the north, and a coat closet to the south. An interior door leading to the dining room was removed, which resulted in an enlarged passageway. The formerly enclosed stairwell was opened up, and new spindles and a new newel were milled to match the originals upstairs. Mr. Garrett said the newel is about 12 feet long and buried in concrete under the house: "It isn't going anywhere." The kitchen was enlarged about 3 feet to the south, and about the same amount of part of the southwestern wall; originally there was a utility room where the pantry now is. They had the window previously mentioned from the parlor duplicated, so now there are two matching multi paned windows in the south kitchen wall. In the original sitting room, there was a toilet and tiny sink in the under stairs closet, which they removed. There was a porch with a door 167 Harvey Garrett, during conversation with Susan Walter and Stephen Van Wormer at the sale of 238. 5-71 65 leading outside where the downstairs bathroom is now; this would have been the original mudroom. The only working bathroom in the house when they moved in was the one upstairs bathroom in the hallway. They added a large master bedroom over the kitchen; it has an open beamed, cathedral ceiling and two large walk in closets. To match to style of the original parts of the house, they installed double hung windows. In 1978, they did more additions. A deck was added over the family room, and the master bath and art room were built. A landing and exterior fire escape staircase were added from the east wall of the new master bathroom. Carole did all the wallpapering in the entire house. Except in the entryway, bathrooms and kitchen, it was carpeted wall to wall in pink when they were done with all the modifications. On the back of the Residential Building Record is the following remark was made by the building inspector: "...adds blend with old arctitecture {sic)....· In the 1990s the Garretts' children had all moved out, and Harvey and Carole decided to move also. They sold the 238 property on July 10, 1992 to Stephen Van Wormer and his wife Susan D. Walter. 5-72 _~.___..~._~._ __..._____._"_.. ~_._._M.. 66 Van Wormer & Walter Family - July 10, 1992 ~ to the present (2004) (Appendix 1, Document # 16) Stephen R. Van Wormer was born in 1952 in National City, and Susan D. Walter was born in the same year in Wichita Falls, Texas. Both of them were working on an archaeological crew when they first met. After they married, they moved into the 2 bedroom house that Stephen's parents had lived in when he was born, in Lincoln Acres. They had two children, Rachael E. and Aaron W. Van Wormer. The addition of the kids to the family necessitated a move to a larger house. Steve spotted the 238 property for sale, and a few months later, they had bought it, with the assistance of Steve's dad, Frank Van Wormer. The property is ideal for their purposes. It has three buildings on Y:t acre of land. The house is large enough for the family and their ever growing collection of antiques. The building in back was converted into a home office. The living quarters attached to the garage served for awhile as a graphics studio for Susan, but later was put to better use when they welcomed Susan's mother Roselle Walter as a resident there. Susan and Stephen work as consultants, doing history and historical archaeology; their company is called Walter Enterprises. Rachael is an actress, with several stage credits, and has had some plays she has written performed professionally. Aaron is working at the properties he was born at in Lincoln Acres, and another apartment complex in National City that Steve and Susan own. Roselle is retired from her earlier careér as a draftsman. 5-73 67 SUMMARY AND CONCLUSIONS The 238 propèrty is significant to the history of Chula Vista for its early construction date of between 1889 and 1890, importance of the owners to the development of Chula Vista during the beginnings of the orchard period, and the fact that the house, although altered, still retains most of its exterior original materials and basic appearance, and several major landscaping elements that date to 100 or more years ago. The house is a Victorian period, two story structure. Changes from the original 1891 front of the house, as viewed from the street, include enclosing the front porch from a glassed in area to exterior solid walls (with the original windows in use in those walls), and two windows flanking the original upstairs window. Also, the structure is wider as a result of additions to the northwest end of the house, which included a second chimney. - The property at 238 Second Avenue was boughtin late 1889. The house was completed and lived in by its first owners at least by May 13, 1891; possibly it was in place as early as 1889. The first occupants included John M. Davidson and his wife Annie. They were important in the history of Chula Vista as pioneering citrus orchardists of the area. On the same day as the purchase of the 238 property, the Davidsons bought a second lot that was strategically located near the town site. The Davidsons sold their two properties to another pioneer citrus orchardist family, Charles and Ruth Mohnike. Charles, a successful dealer in real estate as well as a farmer, developed one of the first subdivisions in Chula Vista on the second 5-74 ~_..,._ _.,.___w__. 68 Davidson property. Important to the history and development of Chula Vista, the first city hall and early city administration facilities were located there. The Mohnikes rented the 238 property to James and Kittie Wright, a third early citrus farming family. The property, although surrounded on two sides by neighborhood development, was still being farmed at least into the late 1930s. It is interesting to reflect on the impact the various families have had on 238. The Davidsons set the pattern. This small family, consisting only of three, lived there from when the building was completed until 1906. They were responsible for the existence of the structure and its appearance. All succeeding residents have appreciated and maintained 238's basic original feeling and appearance. The Mohnikes, who owned it for 4 Y2 years, and their renters the Wrights did little to change the building. The McCoy family converted an upstairs bedroom into a bathroom. This family, usually of three to four people owned it for about 30 years. The immigrant DeHaans, a very large family of up to 11 persons, and needin~ extra room, replaced the old garage, added a maid's quarters (that was attached to the garage) and an additional building at the rear of the house. They were here for about 30 years. The Garretts' approximately 20 year tenure showed their love and care of 238. They repaired, strengthened, expanded and beautified the old home, and updated much of the interior to more modern standards while carefully preserving the front of the original exterior. Their efforts have resulted in a unique setting for Susan and Stephen to live in, work at, and raise Rachael and Aaron. 5-75 '. ~oitOf"O 'F' IQOf"" TÇ)f Floor ¡.c.i+c..h.,sn e.1.+eriOI" bô.~ c 4tr¢ é~~p~ b£ó' roo...... t~ta.ir~ c. ·.tJ,Ii!iU $",~"'~ . ~J~ I·· b~~ ð.\<\~"'1 rø.w. nil!"" 11:>0;"'''- s: . b.w. "0.1\ (DO,"" r..... c \~'l¡V\' røo't't\ b-eð. roo..... c èntt1 S.UY\ rOo,"" l' Not +v 5 c.<>-lc:... Ft'"D~+ e: n+ro.l\c.e II Pf('oxirAø,.+e.. North. > Figure 5. 2004 Sketch Map of the Floor Plan of 238 Second Avenue. The alcoves along the southern side of the dining room and southern upstairs bedroom are not depicted. Drawn by Susan Walter August 2004. Original located at Walter Enterprises. 5-76 -----..--- -- ~--~----_._.,~..._,.._._- ;.~ r "';,.- ,r-__:. ~ ~'. " > I.;:.!'.!_ -- , ~\.- ~","",,~ <: ~ . ~ II~ - " ,~u ,) . " ,. c' A ~ ~~ß~ ~!I!!m:~!Wo!~ -.',; I , . . ,:I.. , ,1~"'L¡ I~ , h. '.- r ~ - .- r t ~¡;."..;.j ~ _". - ~ ,'. ' .. _ -. o.~' "-<. _._ -~~~ frl!:~~~-~~i''''''~¡¡;;iJ1:~'$~ _.0<"' ..", , "'\., .- -'t;~~r~: ~.~~;\'.- ;tJ-, ~ , -~, ":"7';",.,;C'.¡_y.____-._ ~~ -', ." .,'...,.,.....'- --" "-,' -':'~:_~·::,c::_- ,': ~:....._ -~". -:-:':-'.-:..,.~,,~--.---.--- -~~~"c::---;,~ .-- ---.-c.:- -,-- ....".. - ----C;-' '_'-'~_r-'_- ~_'.,-._._ _. - . . - . . . , . -, - II ' . . . , , ", :-.,:~' '~:""" ~ {a¡. . ·...c '~''\\.', ·;.-s ..... "'~'("'" ~...~ ·x,~"~,:~",~\,;",, . ~n"l>.;\~~ ~'.~.:,' :~. ,....'\. ~.,-... " '252G - , .. - - - - " '- - '- A2J ~1 :'i~~?;. . ~. ~...._.. _ ' .n'·"._~ ¡,. -- .. ,,-r. . ",,,;::,)~ " ~ -:"_¡ ...' ~ ..... '?.¡; ....\.~~\. ,...,..-_..~ ~. :J,.I ._....;......;..., .. ".. . . ~J . ~ ., ' ;æ ,- - 8"7 _c , , - - "., .-, "sTio - -9 10; ,~~ -_........\. ...~ ..-.... ,", 181;1- r- H1115 _ _. _Ii ;:J - I '::~~~.'...;.-~....~-. " ".-- " .. -i91~o Figure 7. 1888 Topographic Map, Detail Showing the 238 Property. Notice how the 238 property, identified above by Lot number 5, is designated with diagonal lines, indicating that the property was planted to oranges. Original located at San Diego Historical Society Research Archives, Map Department. 5-78 'i.~~'f.'...ANDDIÅM()'ND CARRIAGE COo~~ ! Gents' Furnishings-SPEYEB, LESEM&·CO. ,.... LIVERY . BalIk BuildiDc. ..... ... KOJ!tTXIT]['S DmXCTOJtY oz .s.&.lf DIZGO AND VICI:N1TY. . 3~ ::r: (/J 0 ,..d J M ROBINSON ATTORNEY. P=t;œ,inaJIFoI. '"Ì .,' , . I .. er:ù aud State COUI13, Sp'~attm~ q:;; tlon ,,"Veil. tQ defCC!iYe titles of.n kinds bci:n the departmeDtIJ at tI1 .- WaslùnlW~ D. C. . t"""' µ, - Oakes Frank, carpeaW' PeaDen Mrs. AmJa L.. widOW' I:Jj 'o:::t" . Patterson C. H.. Fõnner Rippey C. H., Ja"'YU' þ::! \() Pattonon R. A.. ",",or Sba:ng H. L. tI1 00 Patt.ncn W. A.. ",",or Ste=s]. E. Pm!: 14. C., painter and builder Ward M. L.. lawyer .... _. u ~ af . Smith 5. c., capitalist WhderW. W. UJ ~ SoJander D. B., cupenœr William. aw-ks L. '"Ì U Solanda' Lane, trader William. Ella L. tI1 , 0 Wadsworth Daniel. D", Pres Carlsbad Land and Miu Water Co Wilsou William ,...... Wright .L. C. J:I u I" Chula Vista. I:Jj , : ,...... Dehesa. " cl) Adams D. K. .~.--", ~ I ..... BorioorA..&~ ~ Alba P. M., farmer . Q Battey John Jr. . . ' /. ". , '. Alba J. C., &rmer tI1 :.i" ro Couse]. K, ,road masœr . 1,,_ ' . .." Bixby Rev. A., -micister ..c ~ Davidaou J. M., Danner Brown Henzy, tårmer " Hains A., Jaw:yu Campbell F. L. merchant -6' .... Harris R. S. Carey Geo., fiumer '"0 ~ H...". p",£ W.A. " ., Cad:: W. S.. &rmer "'- Herman CharICII D;.vis E. E.. iårmu Higgw T. D. Dickinson Earnest, lãnaer ::r: H Jennings Mrs. Dr. M. E. Ebert C. F., scl100J teacher . O' U Jobe-c. C. ~ Enright And~. farmer !!.. r!.:" ~ ]OhCSOD J. M. Fùer C. c., fårmer ·5' J ohason Monro Finy Wm., Earmer ~ft ~ J udkiaa J obn Garcia Manuel, Janner .' 1./J ~:; ~ Knapp William Garcia Jna., fumer 0 r·· Lon! c. ]. GarciaJas.,6umer " .; ~' ..,¿ Maude Mrs_ B. K. Gregg A. E. J., millwrigb.t ;r '~'E f· Morley A. J. Gtegg E. E., !ãnner " r~ ," ""1", .M:one Peter GREGG MARTIN 1., Postmaster' " U) Netleton D. c. Gregg R. ]., physician () ~ Palmer M. J. ~ ~ BENSON & RElY ARCHITECTS. N. E. Cor. Dodge.& Bmbecr Booksellers, Stationers ~ ... ~ I Fourth and E Streets. , " COR. FD"TB AND D m. fJ' .... Rooms 44 and 45. "The Lawyer's Block; San Diego, Cal, .:' Todd & Ha.:!ey~,.~e:,.vy Hardware "F.ine Hacks Pacific. Stäblèsu. GODD'" Figure 8. 1889 - 1890 Pages from Monteith's Directory of San Diego and Vicinity, Chula Vista Section. Notice only two farmers are identified, and one of them is J. M. Davidson. Original located at San Diego Historical Society Research Archives. 5-79 ~3~ Figure 9. 1892 Landscape Photograph Showing 238. A landscape view of the houses in Chula Vista along what was then Fourth Avenue. Original located at San Diego Historical Society Research Archives, Photograph Department. S-80 +oU)V'\ ~ \ +E. \0"" ,.', - ~,' r · '. ',,~;;;¡ tfi;¡;" .' f1.f¡"'.,., '~ ' '~~':~:;l~ ",1 ,. .~¡;&. '1' "'r'1J"Eii:, . , ','~", '.. ,. . .::" ! J Jt;1. . .' 'i; ~ \... /fj Û~ .; ,.~ ' '~~~~"....~_.,: ~"i"':('~ '.¡:-.... :- ;,' ...\ ~- ~"~, ;l.~8- '" ,',..... i~.1 ,~.j;~~ nou.$f .,' .,........, - -: '~', ...-.,.~-,'''¡¡¡~;:' . . ' . . :j;'" of- ·lê(+~1 ~,;_..,. ,-'. " '_ " :-,i"_ ;~,~:,,_,. ,: 1__'., .fo.rtn ~¿:Jr.~:, '.~.;. ;"~. . .... ·~a I'¡';f~h . "..-.(,', . .J". . .'!'fi!,,,'IF,'!;;~1J' . ....,... ;t':..'.::':: " -'. "j'~'>;:J: i~f-',' ~'~f~", y,j J~"" . ';~'{ ~ r;,)~~~j·- :~~ ~::; ""'.'¡'~ p-PJ; . f, . r '.' .ðMt .'~.' . - .. .~ tw '¡,,;-~~. . ~ __i,,:j.t-l!i);',. ¡.I4,M . '. ~:r:;~~~~:. . .!¡1"~;:W ,. . ':f" V~jI\#:it ] 'j tInt". ',.).- J l' .; ~ it, ·~~W.... , Figure 11. 1894 San Diego Land & Town Company Plat Map, Detail. The two properties bought by J.M. Davidson on December 2, 1889 are indicated above. Original located at San Diego Historical Society Research Archives, Map Department. 5-81 ~_.._- - ~ - ,;;'::;;;-';'~"' ::~~;;o;.'...-'>'J_~' - '" .- - '~~.,",.,-- 1ft -'"...~ . . - .~ .- c · '-:'~!~H~\J~~~~~~~'" ~y,~t~~ .} . =~-;r =',::~:.~ , ~ ì;"":::~J¡ - ii- e" '" ~ 'A.;æt . · · . . . . -.- . . Figure 13. 1895 Detail of 238 House, Eastern (Front) Side. Notice window (partly obscured by a tree) on the left, and small front porch at main entry of the house. Detail of original located at San Diego Historical Society Research Archives, Photograph Department. 5-83 Figure 14. 2004 Detail View of Victorian Roof Embellishments. This view shows the front of the building, but the same treatment was used on the back and northern apexes of those rooflines as well. Taken by Susan Walter August 2004. Original located at Walter Enterprises. 5-84 .- ._-,~.- ,/ """ >;"-,/-- -",< ...;0/ /~ / ~.. >~¿/~;~:</>" "~" .~"'" ~"'~.".."'-"'.".'''.':.'.-'.'.,...............' ' .. -""-.- "-..... . ..- .- .... - , " I \ I' ,- I ~ ~ II' ".' .~.............. I ,- . . . .~..~ -.- r. :.I..::.~~.... ¡.;,.i rei' _____J L\;~~~~i~;~___ \¿.: -" . .. ./ ~ . - : . . 2~1 " ". " ' ,. .\,'1,: "I. I "." "../,".~ It·" . , ..\ i '¡¡'¡",ili:'¡',,:,· .,.'1., I I 1, ' I,': " '" ik~~;':" , - "....,~\',\I·'~"~\.. ,. \ ! " ~!\,Ì llP!II' t j '". 't;:;¡!"", t, . = \.... ".. ," . ~:,':;~i':'" ' , IIT '. "lfOf'(A.DO " . J...~. , I " " . .. -, ~ }I . ...?~~-; .., 'V. ~. , " ~ ( Figure 16. 1902 Survey, United States Geological Survey Topographic Map, Published 1904, Showing the Location of 238 in "Chulavista," Detail of original located at San Diego Historical Society Research Archives, Map Department. 5-86 _.~.- ;t)'6 Figure 17. 1903 Landscape Photograph Showing 238 on Extreme Left. Original located at San Diego Historical Society Research Archives, Photograph Department 5-87 Figure 18. 1903 Landscape Photograph Showing 238 on Extreme Right. Original located at San Diego Historical Society Research Archives, Photograph Department. S-88 - --..-....--.....--...--,--------- J .,.'" :<* . - . . . . - .- - . . . . . . . · I '1 . ..-- -- --,;,-- n_~' ,~ji~i,'~o¡_ --- ~- I , --$ -,<:1 }~ .k ';;;;;;; ~.'W¿ . .- - . . . . ¡:;:¡ ø ¢ .' '0 --- -- - - -l-};t ~.i>. ""'T'" ~ t ,51 I ' ...;.:. . ~ " e s " . '.~" Figure 22. 1920 San Diego Land Corporation Sales Map. Shaded areas indicate property not for sale. Notice Orchard No. 134 to the east of 238 (indicated as Lot 5), and Orchard No. 136 to the north of 238. Detail of original located at San Diego Historical Sociegy..l9~earch Archives, Map Department. /~~ß __on ___._ .. ... , , . ... t ~ . ....-.--.. .... ... .. ...... ..-. - - ...... . '." .. ... ....-. -- I .~._... ..... ~. _:. ø , _ - ~. ,,,.t·- ~ --? C/1' L,"-""",r-5 t· __4 __ . _ '. fl ";' Ch/</9 ,"" ~H~ .:f:.2!_b:; ;"l~ljf~/f.:¡-.,)!)I"!f =" . . , ,. ,_ I~ ....1"""...,., -- - - '. J I , II" '~'¡" ~".':', lY :t '7 lP; 5, ,"'. ...3 ". - " '14; - p,~.....~ .... " .,. " b: . i. ~ II .'" ., . . ~ , ., ~.' ~ "II. ,.1' S I. j-:4 If:#l ~. ;~ ~ ".;:. -, .. .. .. 7 ',-IU::::U I'Í-'O ~_ . . '. _... ~... ¡.., U ,', . I '.,. = ;: c. _.' 6. '''_'''~'' ..... _'".~~.~~,..: ._..::. __. ~'.,~ _ :J...~ :::=N ~ __ '.!" ~ l~, ;;:~ j ~ - . ;, 2 IS ... 3 , $ ~ ' II· 'r- . . , , . !) ~ .... ,~ ~ If "·.ø H ,.~. II I~ ., .:;: :~"""ÐdilQ~"I'1_ ~ if /3 .¥ I\' ," .~,ç.. Q ~ .., ...... ". " .,-..,.,,~, ....... . a ,,, l ~ S ,. ~, .: ",."" ",. ~ . II =-, ,£', :u AS &t '- ' .., ,.. ::::;J "';;.-",8 .:II".:iI, '" l_t, ;n,,·. . ~BIB'" ,,-- -. .. " I I,. I ~ t' r!i41 I~ J:z.... J JÍ .1 .. I-I :::1 . ;::,. :: : ,:. É: i .: .';::~ ,: ,: .. ' ~" "rmrrt,ti-'; ,;1 .rL~:t~t.fj.t1"~,, .'to:' .'~ k ~ .\~,t;"3 I. '.3 . ~ ~ ~." ~ .z'~ ~iT" '4. - If .".... _~,~J. '17 I'll- ~~ ¡r- ~ ~ JI :::+ u .~,:> iU . .I,. :u .&"11 ..' . 1...' ,. Jð 2.$ illo I 'r' ~. u ;' * u : '.>n. .n... ,.- ., ---"'- :oS; . ð , a ~I .. Z1 ~ 4' .,. c' b ~ .... - I." Ie ;¡ Figure 23. 1924 Southern Trust and Commerce Bank Map Showing Chula Vista Housing Tracts in the Vicinity of 238. Note areas developed to south and northwest of 238 property, designated as Lot 5. Detail of original located at San Diego Historical Society Research Archives, Map Department. 5-93 --- --_._--_..~..._---_._._."._.. - ~,--_._- Bo..ro.. ~ hou.se '. . '. ":, " _I' ..' -, I I ;.' ~ I . , ~ It' ' . r ' ... ". , . .. . t! 1 . , I' .,' ·1,.. '. '\ ..·r " t:-...I' II 'I" ..,: " ¡;.:'~ ~~~, --:-.-~ i..,_"':4!L..,...---it.'~""'''''-AV.~;:-~-;...-:-.-:-.·_...1..··~; I :~~ ja.'I.. .'. "I .. . I ~ I~ ." ". lit· I, . . . J . '_'k. . -.11 I " . . ': . , " ".1 , ~ ". ,I .' .' . II .,. " . ( . " :'.'" I " I· I I' . ! . 'I , . I ' . ". ; ". I :1 I' .\ [3f ' '/": ~'.: ',1:' i.' , I ' . I '. ' I' ,,' ¡ : - '-. l . /. ." II. -. : .. I· . I 1'4, F· , . 'ILl. '., ·1· I I \ _: ! '! ~" ""'.'; :1 I 'II': 'i ·1 '! . I II . .' ,... ", . I ¡ :.-.- . ~ -'=:";. . t ,...., ' . . .-.;'- . I 'il· 5' :..'.... ' - 't'" ,. - I . I! . '. I " I I . ) . ,.. . ' 1.1 "." " I 'i I' ¡. ' .' - -,'. . I~, . r. ,,: ; I : . 1', I r : ¡ II' !. t'" .... I I " '"&' I I \~I' _ , I . J .. -. I I . I ' I'" , .' ~ . I' " 'I I . , . "' .. . . . I . . ! ,231: : t· 4~ : j. ·I!.' ·1; ¡.. ! I -, ! ,I . I ,I. .. I ,1.,/' , .: . , I· , .., ;,1" , ,. I I ' , : < I . 1 ¡ 'I ..... . 'fl' I i LI I·· I. I' ~ '- I 0,.' 1, . .: . . 'I ., I I - .' J I: ·-t . I . ¡ . I ¡ , I' ~ I ','. 'I - I " ,,·I·¡ '·r ' . I ~ ~ , ! ·1 ','[ '.: ¡ " , 'j" I" I·': '. 'J' . I ' . . . I . ,:. . ~ ' "' I' ". A' I J ¡', II' )<ÇP-: , f I ,. . I .' . J', _ . . I" I '. . ·t ' ;. ....., ." ii I I, 1 I 'I ·r· ' r ...' I -. ;: f ' I ' I' . . 'I" :.; .i, .' .j : , . I I· ,. . ,- I : I .'. 1 ~ I I'·! " ! '1 'I I I .., . ¡;I .," ;.c.! ,.1 I,. i I, 1 ..' " I .", ,j ..'~' .1' QÈ:L MÄR . . j . \AV. ¡. .'., . , ! \ ~._. ! I 'i· ~ " Figure 24. 1926 Sanborn Fîre Insurance Map Showing 238 Fourth Avenue on Assessor's Parcel Number 242. 80th 238 and the property to the north, 210 Fourth Avenue, are still farmland. Detail of original located at San Diego Public Library, Central Building, Microform Department. 5-94 '¢'1:.~;Â'- , ~ .. J 11~ I· ,). " '1 "'I" t :'4't " 'I ;*.-. t l.- f shø.ped PO("c.h t t . .. I f t .. . .~ :1 f , Figure 25. 1926 Enlargement of Sanborn Fire Insurance Map Showing Footprint of Structures at 238 in Detail. this is the original footprint of the building. Detail of original located at San Diego Public Library, Central Building, Microform Department. 5-95 "~---,- I MAP C/lV1. A V/$ TA~.ilJ.,r()jfNI/l 5è~le I i~ ~ ¡DoIIJed 19.87 2'3 Figure 26. 1927 Portion of Zoning Map of Chula Vista. Note that the 238 lot has two zones: The white areas are Zone A or Class 1, for single family dwellings only; and the diagonal lines are Zone B or Class 2, for "flats, multiple dwellings, apartments, hotels, schools and public buildings a$ well as single family dwellings." Detail of original located at San Diego ~i&Wfjical Society Research Archives, Map Department. · ~'~ f;' .~~.. ... 'if " ,'-' 'ì ... .. .í;' r f' ... ' ",,~)¡~.r;. .. r ... .,~ ~~-:~'..: ow: , ' ~:,f.~~'. ".,:: ('F.. !>i, ! I f· ,\;. :1- , 'T :,r~ , .~, ,¡~~f if{ -~ ," < ,¡¡,,;. .' Figure 27. 1928 Tax Factor Aerial Photograph of 238. Nòtiée the diffëreiit plant patfernš, ¡iidiéating mUltiple érõpš, and the well established palm trees that line the driveway and front of the property. Detail of original located at San Diego County Operations Center Annex Building, Cartography Department. 5-97 ._ - _._.__..._..__..._u.__.___.. . , .. î ~ · . · . · · .~ · ~ · _n. ........._...~ A"~. - -...-.,.. .' ..' 'PT"~Y .-:,t-;}:¡'. LiI~;--~.... ~ -1It'-"- ._~.---- ;Þ....i.MCrTÝ o '/-A Y ..I'/j~.- 'I -- .;;),. 11#." _.. ......~ .õooiìk,..... or -W-!.... -~ - .--.----.-':'- ó' " - ~ ~.... í.. ;:.\,... _0,," . ':':~ .. ~.;.~... ..-..,-... tii.:...üjj~~·'" tdi"I·.r ....cat CAL1EN'TE '::~. -.......-. Figure 28. 1930 Chula Vista Chamber of Commerce Map. Portion of original map located at San Diego State University, Malcom A. Love Library, Map Department. 5-98 ~ .. .~. .""'~~.~..- . ., .~ .." "" - . . -..-- . J'~W' o..."!i$' 0#' ,_",,7.,c·'/=<' ,<'< ~'~:;""-"""'v rJfJf~" ~ ~__1£-~_~~~¡~-fli~~~~' 'f4f~~~- ' --.~~'~ ;: .=<""'.~ ,< ". r' ~:"-,/l ~ ,_: ~:r; - -'0 ,< - < ....\! ! " -' .,: ' "'<!'~'" -,' ~. ./,..,." , ,"" " ,'......., . .,~ .~ ~þ 1,\"",,, 'C'.:];,): _ -,-:,,;:-' ," "'"'1f' '.":"', "c".,'. , ,I ~ . "__"'91 -~' -~., \ ",, ,. ",-"'" ~,"-"c_,-! ~ð 'h,_ "¡¡II" "" c" ..;.~- .". ..' c' "11-""~' "",,1i!I>¡ii= c . 0 '(_' '-""', ,~,'""- ,'.,", -- "'-~,~\ - , ~' ;.,-'"",. ~'-', ,'...'." ~."~ .-.-, w"~ ~ . - .-" ~- ~ '- .,:< - - .~, ,_ .' .",~.'...,' 1 J,,,,,,' " .~~-:;>.e;r;'!-' '. ,..__~r_ 'I , '~~ ,t,!o ." --.::;~ _,.r~ i"'~ i~:'<t,: -, ~ .,jj!,~ ~~-.'';;; . . . - c . . . . ',1' ,I '; I ¡ r I. . . I l' ,', ' ~ . , ¡ I ) I " ~! "Î ".\. '\ 'I' '. ' I "I, ' , .';" 1"\ '; , "; I' ! If'" .':. ¡ . I I , . . I I - 1'1' , ,'" ~ . ! .." i , 'I' ; " , - , "\' ) ", "',, ..': \ I. I \:J ' ¡a '. , ,. \ ' . I : ..% 'I: I '. . \ I " . ~. .' I AV. . J;I.' , . . \ "!"to' I" = . .M. ¡~. " ,~_. Ii ,pi "'. . , '-'j'~'I.., , ,j - - ',,- 'i~ '~.' 1). A .. "I I "1 I !',- ~ aJ "I,;. . . l' -'[' II ,." " ~' I _I I'· ¡.~. " . ,~"'..,., :. 'I" ,m , . ;.", " '~_~~.nJ . I I', " I ,~ .. , ,I, 'I' I: I 42. "'Gf:~, : 7, . , , " .' , , I "I' . ') '.~ "J ,t. . !'" rr;:-;C-:-~""J . I . . I B' ; .- . 1f1'C''''Ø' . , .". . 1ffiJ .... . . ------' .- ,:. .,' ~ .~. ". " - ~ ' '" > , I'" . I ~. , . I ¡. i?tp ~ ~ or"" ..,.,- J , " ....-.. I . I . .,. I i2 " ì:¡. ' I ' . . ~ - .' .0: ".' , 'I' . _-4át:! ;0-' d .' '1~ \ I ' " .,~ ~ "'., . r ~'. ¡ ¡ . '",À ,.. " . . Figure 30. 1951 Sanborn Fire Insurance Map Showing 238 on Assessor's Parcel Number 242A. The 1951 changes were drawn on the 1926 base map. Note extensive changes in 238's property size, several more neighboring houses, and Twin Oaks Avenue. Detail of original located at San Diego Public Library, Central Building, Microform Department 5-100 -..-.----..---... " " t "" ; ..... ,.i..;. ....t j: . ....'..... ·········'·.·f:·t..' , . . ~'. . ::. ,.: ,~ "f .' .,>, 41 ,r" '* --' 1t -. . -, -'J . .~ -~~ ~ ., ',' . .' ,~:", '" " ) '''', 1< ,;" .~ ! "~ .I·t " 'fr;-' I. 1 '." .": ~ . f', ." ' - ~. " ~ ,..., 4 '. . ' ,,'. . .' '. ...t.. . . _ ~ W f .,..... 1:' r ..' ',.' l·~t ~. ,,' I · ì· .' . .... .' .,. . ,. ',:~ ·'·':c. "'-';',.-",' -'. . '1-- '1 '!if' y t.· . ~, . , I . j ~ " !it Il'. , '.' :' ';' ...-........,.. . :it. . t " '. . . ' J". ~ t ~ ' ~ . . . "., ... . . Figure 31. 1951 Enlargement of Sanborn Fire Insurance Map Showing Footprint of Structures at 238 in Detail. Note change of porch size. Detail of original located at San Diego Public Library¡-Cel1!ral Building, Microform Department. ;¡-1U1 -...--..-.....-.. ,:.'!,.:. I ,. r _ EIH.':'~.!r.!i;P ~~'T II ...-. I :- \.IJo~ -u fXI: II.} r G-.l,õ~4 ~;;~.~' -r-_..~.~:.~",~ ' 1 :>.~ \y.,;,A;.r~'· ¡Ø .. "'l.,~C';';'"'4.ó!.t-;;. :;'¡ -ø;~, ~.l:ì:;'.;'-:.~ ¡, ¡þ ";'1"';;T¡t~ r~~. I~ I 1'\"'3 I - - -r -- -. " ~'!:7 12. U.., ,0; ~~,!"a., r"~) 8 S "11 IjOOI ,..- ) I~ Y. ~: '" I ::;~? ~(:.., ~':r"". I. >I þ"f ,,¡-.,... " _~... J:¡Lt I --' .23 l~ _ .s.1o.C-'I't'''Iio "'-0..... .~ h~·JõIUI~ .'. i/> /t....~':'OI.~-.. (~..~~"~s.r-~ troO+ G- ooÇ (I") l3ù>~,) :J:?,. s+ru..C:N.~ ,- -- Figure 32. 1979 Plan View Portion of Residential Building Record. This is a drawing of the changes that were done by the Garrett family during thêir ownership of 238. Notè "1973 add. high pitChèd o.b. cèlllng master bedroom," and "1973 add den room (deck over) '79 add." Portion of original from the San Diego County Assessor's Office, Chula Vista branch. 5-102 - ..'.--..-'..--- ~f , ~~.~., "'-.; '" ,¡ "'\:1 ....:.1 9_ ¡f,,¡....: . "'1: . f>", l "~ ! , ;,~,;!,;;~G~ ,,".'0-, .",- ._" ';;""," ", .-','.'. . 3.w 'iI,YO' .,....,'; .:;'~ ~. ~, .. .,", ':.",;i", '~ :=;¡." ]E', , ; :.::-, .......... \ 6) .~. r ..: - , · - i · -' '. - ~ - , · r - - - t · .' , - 1"-0" · '."", · .. " :: ~t - .., ',.j "d~;~,,;;ioWv~ _ t~- ~ R -"~f"'''' " . .- ';~:!1~ --i~ 1~'~;' :". -t1!~:.: :~¡ , '(9 c.-- .. . ;t'-~~ " \ . - ~ P~!'U,~N ~b_,,",,' '-."~. ¡' 'I >3~N"¡'¡:> ' :_-~,j.\~ . ~ -- _ "!, <-..¡:r . , "~~ (:¡(V~ ' Figure 33. 2003 Assessor's Parcel Map Showing the Current Lot Configuration. Original located at the San Diego County Assessor's Office, Chula Vista branch. 5-103 -..---.- --------~-,.._'" 1 APPENDIX 1: Chain of Title 238 Second Avenue (formerly 238 Fourth Avenue) Chula Vista, California, 91910 Document # 1 1889 (December 20) Deed from San Diego Land & Town Company to John M. Davidson. 2 1906 (June 28) Deed from John M. and Annie B. Davidson to Charles Mohnike. 3 1911 (January 5) Deed from Charles F. and Ruth A. Mohnike to Rose A. McCoy. 4 1922 (August 10) Decree of Distribution of Rose A. McCoy's Estate to George W. and Anna McCoy. 5 1925 (December 23) George W. and Anna McCoy Grant 238 to E. Melville. 6 1925 (December 23) E. Melville Grants 238 to George W. and Anna McCoy. 7 1929 (April 24) George W. and Anna V. McCoy Grant One Sixth Interest of 238 to Maud Edna Francey and Five Sixths Interest to Mary Ruth Schertzinger. 8 1939 (June 26) Maud Edna Francy Grants One Sixth Interest of 238 to George W. McCoy. 9 1939 (July 12) Mary Ruth Schertzinger Grants Five Sixths Interest of 238 to George W. McCoy. 10 1941 (June 12) Mary Ruth Schertzinger Grants 238 to George W. McCoy. 11 1942 (October 26) George W. McCoy Real Property Conveyed to S. M. De Haan. 12 1942 (October 26) S. M. De Haan and Geeskie De Haan Grant 238 to Each Other With Rights to Survivorship. 13 1942 (October 29) Mary R. Schêrtzinger Grants to S. M. De Haan 238 Property from the Estate of George W. McCoy. 14 1945 (June 3) S. M. De Haan and Geeskie De Haan Grant 238 to Wilga Beatrice De Haan. 15 1971 (September 4) Wilga Beatrice De Haan Grants 238 to Harvey N. and Carole S. (sic) Garrett. 16 1992 (July 10) Harvey N. and Carole R. Garrett Grant 238 to Stephen R. Van Wormer and Susan D. Walter. 5-104 ...-- 2 Document # 1 1889 (December 20) Deed from San Diego Land & Town Company to John M. Davidson. 5-105 . 3 . ¡." ,t' :~,'l;! . ...,' ;\-'i "',' ,:' . . )tj;-" ;o..'i. ;':i;~>;;: ;,,-" ,:..;: ......:.,~- ,¡-, ,"1 .. ',',.;.:., .. "." " , ;,>'.<'r". ,"".,,- :'.'i ,'" '. , '¡., ,1'(~ :.':',-..'<' ". ~: ,'., ::;"¡-, .", . r..;.',.' '.,. ," "\',;' ,e,.;'. r,j- ., 5-106 · 4 · .j '" :>,:;'; ··"ß~·::·:· ,: " , , " .. . 'If ~ i · " .'{ < - .;,' ."\;' " ," " '" " · .', >,' H" '~ ' , ~ ':. '. , , · "~;;;,.èJ: ;',¡;,; ::tß".~';:· ;>,,,,'/":';" · 5-107 5 Document # 2 1906 (June 28) Deed from John M. and Annie B. Davidson to Charles Mohnike. 5-108 - "--. --"------------------.----------- --- "ì 'l , ¡! -. I .~l;..'!-~ \~'; ;'---=>11 -- '~ "".' ". .. ,^,J>:> ~/,':¡'~':'-;~~ -". ... / .-" , , '- - - - . I . Figure 2. 2004 View ofthe Southern Side of 238 Second Avenue. Taken by Susan Walter August 2004. Original located at Walter Enterprises. 5-110 --_.~. "_...."~--_._-_.- __m_ __ ,_..__~_ ____~_,~___,_______ Figure 3a & b. 2004 Views of the Back of 238 Second Avenue. A large tree blocks the view of the right side. Taken by Susan Walter August 2004. Originals located at Walter Enterprises. 5-111 _._m_________···_. '~':~~~-~~ ".'-<~ >~ ::~~ ~~,~ I<::~' -,,' ;"'- , .~. ·1 -=----- .-"' <-",-_.-,-, .~-- - (,' '-.., ~--'---' . . ~~,,'¡;~ . p _.' .,~___ .~..____ I ' ;~~#'"' '!~""~'(~___ .~1~~, ~L: __~,~,_,~. ~.~_~~¡~ ~... I d_,~¡';~0;+>2' }i]~ ¡ . ,,- - Stan af California - ïh. FI.scur~S AgllnCV Ser. No. OEPARTMENT OF PARKS ANO RECReATION HABS_ HAER_ NR_ SHL L UTM: A 4C}2R40 B 3611750 oc_ HISTORIC RESOURCES INVENTORY C 0 OENTIFICATION John Davidson House 1. Common name: Historic name: John Davidson House 2. 3. Street or rural address: 238 Second Avenue City Chula vista 92010 San Diego Zip County 568-074-10 . 4. Parcel number: . 5. Pr..entOwner: ~ Address: 238 Second Avenue City Chula vista Zip 92010 Ownership is: Public Private X 6. Presen't Use: residential Original use: residential OESCRIPTION . 7a. Architectural Style: victorian, Modified 7b. Briefly describe the present physical d_riprion of the site or structure and describe any major alterations from its original condition: . Legal: QS 137, por Lot 5 This two story modified victorian house has a high cross gable roof with carved brackets and molded rake boards. A collar tie and king post with curved struts strengthen the rake boards in the front gable end. The feature is graced by a ~osette and pendant. other details include two ornate brick chimneys1 one interior and the other exterior, and double hung windows. Shiplap siding with wide cornerboards sheathS the exterior of this charming home. A previously open front porch at the left front corner has been modified and enclosed. The porch features a hip roof, full.length shutters on each side of the porch entrance door, embedded pillars, and rectangular windows. Other windows in the house may have been modified. Some elements of Eastlake can be seen in the decorative features and the porch hints of the colonial Revival style. *" ~ ~ tr' 0 j'i ,/0 1'-'" ~ ~ r-(-" I 8. Construction data: Estimated 1889 FactUal 9. Arch itect unknown 10. Builder unknown ApproX. propert>f si.e (in leetl Frontage 100 Oepth 205 or approx. acreage 12. Oate(s) of endosed photograghls) 1985 - -- --.--.- 13. Condi~ion : e,...lIent -.:.Goad _ F¡ir _ Ceterion~ed _ No longer in existen.. _ 14. AI~er1tions: porch altered, window alterations ., 15. Surrounc5ngs: (ChecJc more~." one if neassary) Open land _Scattered buildings _ Censely buil~.up x Residential ~Industrial _Commercial_Other: - _. 16. Threats to site: None known..li....Pri...ate development_ Zoning....:-.- VandaHsm _ Public Works project _ Other: 17. Is the struCture: On its originaJ site? X Moved? Unknown? 18. Related featUres: fence, gazebo from Hotel del Coronado SIGNIFICANCE 19. Briefly state historical ."d/or an:ilitectunl importance (include dates. events. and persons associated with the site.) John M. Davidson purchased Lot 5, Quarter Section 137, from the San Diego Land and Town Co. on Dec. 2, 1889. John and Anne Davidson had this "orchard house" built for them the same year. The home, which was surrounded by a lemon orchard, was constructed entirely of redwood. In 19 0 8 , John Davidson passed away at the age of 72. Other interesting owners of this house include Rose McCoy who bought the property in 1911- She had worked as a bookkeeper for the E. Melville Company. After her death on Feb. 3, 1921, the prope'rty passed to her parents, Anne and George McCoy. George McCoy was a rancher and operated the McCoy Hotel in Chula Vista. Members of the McCoy family lived in this house for a number of years.. The John Davidson House is one of the original orchard homes and an example, although modified, of the Victorian style. r Locational sketch map (draw ."d label site and 20. surrounding streets. roads. and prominent landmarksl: Main theme of the histOric: resaurca: (If more than Qne is ^ NORTH checked. number in order of import3n...¡ Architecture 2 Arts & Leisur. U 5:onomic/l ndustria¡ _ 5xplorationlSettlement 1 Government Military R.ligion Soci~/Educmon 21. Sources (Un bocks. dca.amer1t5. surveys. personal interviews and their dates I. CV Tax Assessment Rolls City directories San Diego County Deeds 22. Oate form prepared 9-10-1985 By (name) K W..h"ter Organization riry nf· Chula Vista Address:. P.O. Box 1087 City Chula Vista Zip 92012 Phone: 691-5101 J 5-1 14 .-.. i.ijÌo.., SiII..~ ~:,,;~:'~,' ;;.,,:>d;è";~"c"':~~··_--"'·~'¡¡¡':'¡;;;;"" .. 'I ,,,. - 11': .,..... ~ 1:" ~~ ¡ ---' , ~ , . \. 2 .d . ·1: J .. '" ,\' , Ii ~.., '.:1. " , .'·I..e····~· .'oi':¿·f~}'".i '" ':. ,:-,,"/ ", .,"; I '._....<.t~L....~ " . ..... ...... '.' ~ .. í"" }~ ..~.......""-"" _.. , , , ' ~, 7i~),'i1~';' ,'~- .. ....""'.. ._:-,"..~ø~'#:i': "~=-~ . - .. ' . . . - - . . . -.- . Figure 2. 2004 View of the Southern Side of 238 Second Avenue. Taken by Susan Walter August 2004. Original located at Walter Enterprises. 5-116 -_.~-_.- Figure 3a & b. 2004 Views of the Back of 238 Second Avenue. A large tree blocks the view of the right side. Taken by Susan Walter August 2004. Originals located at Walter Enterprises. 5-117 -- --_.~-_._-------"~ /:,-( . ...,.M,·· -K'· ~i' ~.' " -. ·:·t 1 ~ _.,~ --.,,- -~~ .:;~~J, .-- ""L~,,!-'~:~~';:I~;- ,~,-~_i ~_·~I¡·~~-~-~¡¡¡¡j>¡¡¡._="'-~.,=~~.~""'~-...-~~~i.~:..-,'~~-~'~~~~":i¡~;::.:ø:·~'~_-,,r,.·:~,I!iJ-'~.·r~~:··~~~""l~'~-~·~'~-¡,:-r·l-t-¡', _;;;:":Ji;:~:~'~:-;;~;:-'-"~::":'-'_:~~'-"S'>;);,~~ .^-- - q_:~" - -f~ - .oJ .ooiI": ~-... . 1,.[' I ~ "" ". . "~-<J ~L'- .. ~~ \ I ,...0 - ' JJ:L·& . ~\"l I " ;~" --,,.;.,,,> '-~';(-:~. I ;,', - . - . . - - .. ' . . : / R , ./" .... ,..;;' Figure 1. 2004 View of Front (East) of 238 Second Avenue. Taken by Susan Walter August 2004. Original located at Walter Enterprises. 5-119 ~.._._._.~_._._-~_.._~....__.._--_._- ······1 .~ ~ < ..·~s...··-~-- '. ,.- ?~~'. .t- \\<' ., t ~l ; -'J _ ',. <'\i t '-'.' ,,~ j , \ .. '.- '.. II' i', ' IWH:',';',.. , .d _~~,i ~ "~ ~ . 'I">"\. I~ &-~ ~ ..' - . I I ,.- "'~ a'~~. ¡ . .~~- ~, :-"':.:--;-~'~...- 1-.·~ ,,/. '; '~lii}E~ ;,;.;,¡¡¡¡¡¡., " y~:.: I , -- . . , .. ' . . . .. . : - - - . . . . # -. . I RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING 238 SECOND AVENUE AS A HISTORIC SITE AND PLACING 238 SECOND A VENUE, THE JOHN M. DAVIDSON HOUSE, ON THE CITY OF CHULA VISTA LIST OF HISTORIC SITES IN ACCORDANCE WITH THE MUNICIPAL CODE SECTION 2.32.070(A). WHEREAS, 238 Second Avenue (APN 568-074-10-00) is a Victorian style home constructed around 1889; and, WHEREAS, staff received communication ITom the owners, Stephen Van Wormer and Susan Walter, requesting that their home, 238 Second Avenue, be designated as a historic site on the City of Chula Vista List of Historic Sites; and, WHEREAS, State of California Historic Eligibility Criteria requires that a site be found significant at a local, state, or national level, under one or more of the criteria for designation; and WHEREAS, the Resource Conservation Connnission determined that 238 Second A venue meets one of the local criterion for designation because it was the home of a prominent person in Chula Vista history; and, WHEREAS, the Resource Conservation Connnission at their regular meeting on October 4, 2004 voted 7-0-0-0 to recommend that the City Council place 238 Second A venue, the John M. Davidson House, on the City of Chula Vista List of Historic Sites; and WHEREAS, the Environmental Review Coordinator has determined that this project is exempt per the California Environmental Quality Act (CEQA), Section 15331, Class 31, Historical Resources Restoration and Rehabilitation. NOW, TIIEREFORE, BE IT RESOLVED that the City Council does hereby approve the designation of the 238 Second Avenue, the John M. Davidson House, as a Historic Site and determines that it is hereby placed on the City of Chula Vista List of Historic Sites as Historic Site # 66. Presented by: Approved as to form by: :ï::b- 7.. r./...-. . James D. Sandoval Ann Y. Moore Director of Planning & Building City Attorney 5-121 ------------------. COUNCIL AGENDA STATEMENT Item No.: (0 Meeting Date: 11/23/2004 ITEM TITLE: Consideration of request for designation of 254 Fifth A venue as Historic Site #64- the Martin Sette House. Resolution of the City Council of the City of Chula Vista designating 254 Fifth Avenue as a Historic Site and placing 254 Fifth Avenue, the Martin Sette House, on the City of Chula Vista List of Historic Sites in accordance with the Municipal Code Section 2.32.070(A). SUBMITTED BY: Di,~to' of PI=iog ""¡¡¡"ilding r fiØ REVIEWED BY: City Manage (4/5ths Vote: Yes No---1O The property owner, David Bensoussan, has requested that his property 254 Fifth Avenue, the Martin Sette House, be considered for inclusion on the Chula Vista List of Historic Sites. (Attachment 1) The Environmental Review Coordinator has determined that this project is exempt per the California Environmental Quality Act (CEQA), Section 1533, Class 31, Historical Resources Restoration and Rehabilitation. RECOMMENDATION: Staff recommends that the City Council fmd that 254 Fifth A venue meets the local criteria for designation of the site and therefore should designate 254 Fifth A venue, the Martin Sette House, as Historic site #64 on the City of Chula Vista List of Historic Sites. BOARDS/COMMISSIONS RECOMMENDATION: The Resource Conservation Commission recommends that the City Council designate 254 Fifth Avenue, the Martin Sette House, as it is one of the last remaining Orchard Homes in Chula Vista. (Attachment 2) DISCUSSION: 1. Municipal Code Authority In accordance with Section 2.32.070 of the City Of Chula Vista Municipal Code, the RCC shall recommend to the City Council the designation of any site, which it has found to meet the local criteria as a historical site. 6-1 ________u____ --._--._.---"_..-. Page 2, Item NO.:-0.- Meeting Date: 11/23/2004 The City has adopted six criteria that are used to determine if a particular property should be included on the Historic Site List. (Attachment 3) A site must be found to meet at least one of the six criteria to be selected for designation. 2. Past History 254 Fifth Avenue, identified as the Martin Sette House, was part of the 1985 City Of Chula Vista Historic Resources inventory and was highlighted in the Historic Chula Vista publication compiled by the Chula Vista Historical Society in the 1980's. (Attachment 4) However, the home was not included on the ChuIa Vista List of Historic Sites. The City Of Chula Vista Historic Resources Inventory prepared in 1985 identifies the home as Neo-classical architecture. Due to construction type and materials it is believed that this home was built in the early 1900's. In 1968, a variance was granted by the City to allow for a reduction in setback in order to construct a 6-unit apartment complex on the same lot. (Attachment 5) Staff informed the applicant that the City of Chula designates entire sites (not individual structures) so it is concerning that the apartment complex, which has no historic value, is on the same parcel only a few feet from the house. However, in an effort to preserve one of the last remaining Orchard Homes in Chula Vista, staff and the applicant agreed to proceed with consideration for designation with the stipulation that the applicant would relocate all parking to the rear of the parcel and implement significant landscape elements that will help differentiate the Orchard Home ftom the apartment complex. Further, the Orchard Home is painted a different color and is not of the same material or design as the apartment complex. The applicant has applied for the Mills Act Program. 3. Architectural Style This home is a Neo-classical Orchard Home. Common Features of the Neo-classical style are: · Porch-support columns · Cornices · Decorative Door Surrounds · Roof-line balustrades 4. Historical Context The citrus industry was extremely significant to the development of Chula Vista. Orchard homes were a predominate feature in Chula Vista's early landscape. Large but often less elaborate than other popular Victorian homes of the time, the true Orchard homes in Chula Vista ranged in architectural styles from "quaint" Queen Anne to neo-classica1 and colonial revival models. 6-2 - Page 3, Item No.: 0 Meeting Date: 11/23/2004 5. Features of the site According to the Historic Resources Inventory, this house is a two story home is "L" shaped in ftont and features a medium, hipped roof. A dominant feature is an open porch at the right front corner that wraps around the corner and fills in the "L" shape. Five square pillars support the flat porch roof, which also serves as the floor of the second story balcony and porch. The pillars rest on rock face concrete block piers. The second story porch is partly covered by a shed roof with two wooden post supports. Stickwork railings grace the balcony and porches on both levels. Other details in this home include boxed cornices, double hung windows that appear individually, and two brick chimneys; one interior and one exterior. There appears to be a room addition in the rear, and protective grill work has been added to one window. (Attachment 6) If there was an addition, it was integrated well and is consistent with the existing architecture. Staff spoke with the applicant, in regard to the windows, and the applicant intends to restore all windows to their original style. 6. Significance This home is significant as one of the few Orchard Homes remaining in Chula Vista. (Attachment 7) 7. Conclusion Staff recommends that the City Council consider 254 Fifth A venue for inclusion on the Chula Vista Historical Sites List, meeting Criteria #6, distinctive architecture, for being the one of the last remaining Orchard Homes in Chula Vista with the stipulation that landscaping and other efforts be done to distinguish the home ftom the apartment complex on the same lot. FISCAL IMPACT: There is no fiscal impact associated with the inclusion of 254 Fifth A venue, the Martin Sette House, on the Chula Vista List of Historic Sites. Attachments: 1.) Application for Designation 2.) Resource Conservation Commission minutes/October 4, 2004 3.) Local Historic Criteria 4.) Historic Chula Vista Publication 5.) Variance Approval 6.) Historic Resources Inventory Worksheet 7.) Photos of the property 8.) Resolution J:\Planning\Lynnette\historic designation\Council Reports\254 Fifth Avenue Agenda Statement.doc 6-3 ---,-- - ------- -- - ---- - --..-^-. ---- Uc:::!'.:::!J~U\:J~·U dJú~ JUN 2 3 2004 CITY OF CHULA VISTA PLANNING <'I; BUILDING DEPARTMENT PLANNING His one Deshmation 01Y OF 276 Fourth Avenue ~ CHUlAVIS1i\ . ChulaViS1'1.CA 91910 APPLICATION FORM It AP!L1CANT/OWNERINFORMATlON II Case #: Applicant/Owner Name: Dale Submitte<l: ApplicanUOwnerAddress: ~ ( &, Se..c...Of\&. o..Ve.. . c "1.41"" \h~ '11C((O Phone: (.,1"1 l{ 2.0 - :1-"+(., S- Secondary Owner Name: Owner Address: Phone: O'VNERAPPROVALISREQUffiED NMIE: SIGNATURE: DATE: II PROPERTY INFORJ\.'IATION II Property Address: ?. '5" ~ 'f\-Ç1"t. A.Ve., Common nameJ"lo¡.~nce wAe<j)Q.,J. -Ho\.l.se.. Historic name: No..¡.TI"r.. ~eite.. H OLlSe....- Year BuiJt: h-e...~ye. I '!OS""Approximate Property size (in feet) or approximate acreage ¡:¡-P/NOx... ¡o,OOO 51- PI t..c....- Ownership is: Private Y-- or Public . Present Use: 't"ecs¡ de" ì, It 1- '),''''1le ~';'I~riginal Use: O'rc..h.Ctl'·J ~Ou.se Architectural Style: /leO-cl~~sl¿a..1 lit c- 'ro rJ-lt1 f.~3 . Assessor's Parcel Number (Required): 5" 1- O~030-o0 Zone: I HISTORIC,LANDMARIONFORJ'\1ATION .. --- II Use the reverse side of this form or a separate piece of paper may be attached for questions 1-3. 1. Please describe, in detail, histoncal aspects of the site Of structure as well as any other significant factors which may determine the property as a histone site/Jandmark (Le. special aesthetics; cullural, architectural, or engineering factors; and any dat~. events, or persons associated with the site or structure). See attached established criteria for designation. 2. Has the site or structure been altered in any way from its original design? ~ c::d h /. Yes~ No (Ifyes,exprain) ba.vK f()rch 05 I I-ef<::"':vee! 3. Briefly describe the present physical condition of the property include a rating of poor, f~r (c e;ccellent.GðOd .Je(),,/ o;f- ONJI'I-o..l ~er(A¡"{s /nÏà.c.T ,/n C./ud,Ir..:J: . .WIZa.rd/( IYtocks¡ S?)c.kW(7¡-k'rtu7InJ) cJa.f.ÞMd Slè{¡y ¡ clouble-~(),.tf~ turl1doW5) II7(e tfoR.. wood wdR-/(/ -fl!ò~s.) DtJ.seboa.wls; pfc-ì/.1.Re ...~-II, ';'7s~ - /nl'.7JAon _~_I_I......J I .......¡-_, __......1 __..._ · DRAFT RCC Minutes - 3 - October 4. 2004 NEW BUSINESS 1. 20 Second Avenue, Historic Designation and Mills Act Contract Commissioner Teresa Thomas recused herself from this item. Ms. Lynnette Tessitore-Lopez (Associate Planner) presented the staff report for 20 Second Avenue. Staff Recommendation: That the RCC consider 20 Second Avenue for inclusion on the Chula Vista Historical Sites List as being one of the few large Colonial Revival homes remaining in Chula Vista and recommend for the Mills Act. MSC (DiazlMeans) to recommend 20 Second Avenue for inclusion on the Chula Vista Historical Sites List. Vote: (6-0-1-0) with Thomas abstaining. 2. 254 Fifth Avenue, Historic Designation and Mills .Act Contract Commissioner Bensoussan recused herself from this item. , ,. ! .' ., , " .I . Ms. Tessitore-Lopez presented the staff report for 254 Fifth Avenue. Staff Recommendation: That the RCC consider 254 Fifth Avenue for inclusion on the Chula Vista Historical Sites List for being one of the last remaining Orchard Homes in Chula Vista, with the DRAFT DRAFT Ree Minutes -4- October 4. 2004 stipulation that landscaping and other efforts be implemented to distinguish the home from the 6- unit apartment complex on the same lot and recommend for the Mills Act. MSC (JaseklDiaz) to recommend 254 Fifth Avenue for inclusion on the Chula Vista . Historical Sites List with staff's recommendation that I¡mdscaping and other efforts are accomplished to distinguish the home from the apartment complex on the same lot. Ms. Georgie Stillman (580 Twin Oaks Avenue, Chula Vista, CAY reported that the landscaping has been improved to separate the apartment façade from the historic house. The apartment tenants are not allowed to park in the front anymore. The porch has almost been completed and is screened with attractive greenery to give the appearance of the flow of that porch around the entire "L". The historic moldihgs and work that are on the back have been taken back to the original. Vote: (6-0-1-0) with Bensoussan abstaining. 3. 181 Madrona Street, Historic Designation and Mills Act Contract Ms. Tessitore-Lopez reported that the RGG recommended this site for designation on October 15, 2001, with the condition that the brick façade and carport be removed. After the RGG recommendation for inclusion, the previous owners rescinded their application. The current owners have requested re-consideration. The brick façade has been removed, and the current owners intend to remove the carport. The significance of this home is attributable to its architecture as a bungalow and its location within one of the first tracts named after Henry Gulick. The applicants have also applied to participate in the Mills Act Program. DRAFT .~~..__....~.- ~~~ Z~-~ ~~--~ ---~- CllY OF CHUlA VISTA In order to qualifY for designation a site must be found to meet at least one ofthe following six criteria: 1. Bears a relationship to overall heritage on a local, state, or national basis. This Mission of San Diego, for example, is local but is also part of a statewide system that is recognized nationally. 2. Relates to a historic personage who played an important role historically, on a local, state, or national basis. However, the individual need not be known nationally, as long as it was someone who made a significant contribution on a local basis. Ideally, this includes a site where the individual lived or where a noteworthy historical contribution or achievement took place. 3. May be a site where an important event took place. This would be an event symbolic of a phase of history that could reach the national level. The site of the signing of a historic document, for example, will satisfY this criterion. 4. The site should have distinguishing architectural characteristics that are identifiable. This includes structures of a particular architectural style recognizable today. 5. The site may be archaeological1y significant in its association with pre-history of the area. a site demonstrating existence of an ancient community (indians indigenous to the area, for example) could satisfy this criterion. 6. Has integrity. This is where the site continues to have evidence of the original features. Enough ofthe original structure or the site is intact to be distinguishable as having historical value. 6-7 ".; , ,;., . - Chula Vista ..... " ,;, .' . ? _. -. ...: . ",.- ,;..- -- . ~ --- ." . !:I'~ . ,- , " ..r-'! / ,~ / \ .1 - ,,\.. .' i-, .. .-' - '..~...'IM""""""'_-"_~_. .- - . ._~ .'.. ...:.'l·'· ',!~'. - -I' .- .-, 6-8 -~~ -- -~-_.- ...---. {S;.·.;· " ~...... ~r. . . ~;:...:. W"·-:... ~~~:; :. . . ,', " '- ~,:,' Martin SetteHotl~e .; - ~>:<.,;. ,,254 Fifth Auenue." !iI. :.- ,.., t' :::: 'Ii"~-'~ ",'" . '. . . ~. . .";" ',:, ,'_. .:._ ..._. "'", . . ~:';::";'THii"~htl~hj~iO!:y ofthis orchard house is unknowil.lff¡adâppi;J.i-e!itiJ¡bêim cbnstructeclbéiote1911, ¡;.. -., _ ,~. - i' ': "',- ':' _ _. _ _ _ '. _ .., . f:":- ,;wMriThèo Schau€!" is shoWì1 as the ownêr. Charles Laubmày€!"wÌis the ownetir¡ 1914, and by 1915, ,..... ":" ,'., ..... .......:. it' ~. 'thè,hò).lsè. had beenputchased by Mariin Sette. From 19~4 tó 1926;'J. Calvin Lauderbàch, the )'.~" . . ··j:itiricipalof the Chula Vista Unior¡ School, lived here )Alith·the.$èìte fari)ily. The Settes resided here f¢", ,".,' .,,' '. " .' .:.. . . ," \,'. . f. "'" tintiJat least 193 ¡. ." ...' V".: , .... ",I k~""i ,;'. ~~::: ¡.'i . ·)t.. .~ ~,t:··, ,'. k.\·.... ~'-.., . r"'" {:.~:-..: 'I', . " t,., !f"" . l f ;' " ~. . ,. w,. i,..,..'.. ~.. . t¥Et',·;· *.¡~ '\ . -\".- f:}" . '<", . ~.. - . . . . ,., ,~ . ". :: . This tWo-story hoose is "L-shaped" in front and features a médium cross hipped roof. ·A dominant *, . '. . fèð:tuteis at:! oþer¡ porch at the right front corner that wraps around the corner and fiJIs in the "L." ¡., . ..' .·fiVè Square piIJari; support the flat porch roofwhich also servesàs thefJóor of a second story balcony ¡\ :.')Md,porch.The pì1Iars r!!si '011rock-face concrel!! bloèk piers.·The second story porch is partly h " .fcjvË!i'ed by à shéd~öÖf with two wooden post supports: Stiçkworki:aiiings grace the balcony and f.::..· . :"pÇrëhes on both I~els;. Other 'details include boxed corliic~s, dòlib1e hung windows, and .two I1rick ~i\:\.~~~!1~s:· <'., , ' . .... , ". ....' . .... .' .} .... this house is significant asari orchard home_ , ". f",- ~'. < . , :".1 ,. 69 Of':'· ~;\., , .,. 6-9 . -"-- -------.. . ~ ~-:,"';-<F-,¡'" ~ <'~ ...-""~_:,'_,,,':;.;~,_ ,.... ''''--'',,,,,,,,'',,.,..,;,, ,.---»!,:..", ',' ,. ......-'7. _--/;1,./?· . . . ~"'''''' " " ,,,...,,,,,~,. h!.!"'·'.·"..··,· '~ .' r L :,þi..-/'\;." ~fJ.è;-r.a¿:;.'-·,.··,-'~\· ,··~m;·":;..,.'.·...-·,-!';,;·, . '.:; tt ~i'.·"J. '.. ..... \:.::.~,;".~;;;~;;.''jf ~s;~. .,'.",,'. h' ., ....- "." .,;:,¡r": ;".\. .;: ã' c~' ~ c:: E'C ":.' .' .,.:." "''-'>-'''0: UCQQ~'- .... ... ~ª ~;2~, <D ~~!:J, ';'.::~ C.', ".' ,:-~'._<_'.' . __..o::s :P.... 0'''' ~.- " ... ....,;.. .'- ""'j ." . _ .?~ g:::: ,; ~·g,f"':>;:~. ·:·._·"'i.'; :'-.. ", ..'»}:~,~~ 'i-· V 4~ «J C O.~r-·"""O""""· ;."/... '.. ...,.. ;.~ ".. 0 O~· ..,......... <œT(::)"":> '. .... "';.' .. '.....' .< .., - ~~ ~~ ~'.li~jj3l .,'~":,: ':., -:;"::):~:-:~~~:::i;-¡~;.:·.:.:,iA':" ..::s. .... 0 ¡.. ôtI....;U.~N _ ". " .,",.µc.., ;...,. ":"'" ~/¡;..-~,." ;:'\~. ~C .Q...,..tø:.:~... 0 ,. '~"'-"""::···"'!_~Lo5::;·;-·~.;,-:'" "\ .. ~ r iI!I ø,.. to ~ !I(t.,¡¡;:) .r-'. ,+, ~. "~'. ,"_0;.., 1-, ",. ~ -' "~'t'j .d;...... ;~.....,t::I.. . . .-,,~~, ~;..':.'.""... .~, ·~~.·'I"'"'·· " ¡"::s O"".at ..er-", r- c;'s;,., C" ,_. .... ,.;'. '.,.:3 ~,., I jÍi.- .~:~~I. !r~~q::::i>};~~~;;~~~~;$'~;ff ~ .3 ,~'o.-.o tn' ,.,.. =: o"1¡:,,¡.,a '-c:,,;i., '.; .,.. ,~..~::':·t:,.¡. '., >-':'".::, <Mol ~'f.~o"l-';;"~(·";":,;¡",··~' ..: "~, .:; ..' ;æ ~ ~ . u ,.;; C4.='_7 .'0.. '=',cr-'~o -;~ <>;:;. ., :::i.:.~',;,,~::.::"?~J" :t,.r.-,;.--:...:<..,,~t..(Î;.~:'~(,.{;··;.;:~' " :¡ . ¡:. O"'a-"":O Q u.,:..C+J',~""'._-r:,f¡.. -. .", ,', ~ : ,.--¡.,.~,. ~,..¡~"~¡ ';~<~?"~~""i!:'-":'¡¿:'1: -;- ,- ~'ø .... ~ f.... "> P ':,/,t": ~ .,...~~:~:S:-:.P:.;:-:· -':.;": ..' j( := <~, ~~~~~.~.~~ ,~.'~ ;¡GJ:.\~:~F?:;·.~~~~1>=,,~}i·"~7:~~~·" ;/ _:" ¡;- ~ "g o~ .Q'~~oÆ~· .~·~·"'·":>f~ic;äl·:~"':;~;~ ~.,,'-;-'::'. ~';~~';:;"/~ >~<P~'-h¡¿;~~;~'-,"~~~'~~:<;~~ ··v· ,,~ -= 0= 0';0 ':,.,_-.¡;. - ,: . -~ ~:~"--~':",:~:.":?'::,:s': . N~','~'~;-~'u~' .,'~Í·;~;:'~:~:~:":;'~;":r.:~'·,~~·,~2¢.,,d-~'P, i~~i;" ,""" ___ _ C,;"".-CJr. .....".41...,.... .-_.._.,_ '--,'t.n...' .._...,~_,..J'_~'('<.'! '....."'...,..~'"".-:.:._',·."";~....iik:.;,.. "Jr _ __._ ...,,_ _ »~_~...r __"'I'"!:'Õ-¡;::_' -~ -, -"~' ~ J .~.,. .......~'"'~.... " ..' '" ~ 'it..> >...... 5::..E' 0 thO ,~r .o:r..:::Ca·-"-,,Y): ?:-".>t #~<JØ"~ :~,;:;\--: ~"" _.,~J:;r.~¡%~~~.....~w.ÄL!·t~..> .;:, -.. ,.,; .~ ~ ;." i'~ ~~ e.,gg.~~::.;~ ~::~,;,,·'æ·.:-.y: "':~f~~',¿:fg::~~!t~1í~~~%~\~i/";~;: 'N, f E.~3 ' ·æ ;::::;~ CI:2 'c::I ~""'·-42 ._.-..-::.;.¡.'.,...~' : ........~'¡ 'cÞ. ";. ...., ~ ,"'0'"", - ',·:-,,-·~-"'l·..~""-...r),"'- .' '~/...,.22;.~ . ~~-;~':: .·~~·~~:~iZi;gi.:~-~~, .~,'~~',;~~ifá1f{'~;:;~N~'~,~z~;~~;í.i~;Ef;C: I" ~- " · -f·- ,_"._o..u.~<'~<'E~-'·'>""--' .... . . ." ~ ..~ :& ,. ...... i~" c. .:;"" .- -5- 10/21/68 - PUBLIC HEARING: Variance - 254 Fifth Avenue - Request for reduction of setback along Davidson Street from 25' to IS' - F. Wheyland Director of Planning Warren submitted a plot plan noting the area requested for the setback reduction. He noted the property is on the southwest corner of Fifth Avenue and Davidson Street and has ISO' of frontage on Davidson and 104' of frontage on Fifth Avenue. There is a single-family dwelling on the lot which will be retained; the applicant is proposing to construct a 6-unit apartment building within 19' of Davidson Street. He discussed the proposed layout of the building on the property and felt the ·applicant was making a mistake in locating his. building in this way; the old home on the lot will eventually have to be replaced at some time. However, the variance cannot be judged on this. This was pointed out to the applicant. The staff recol!l11ends approval subject to four conditions which the Director outlined. This being the time and place as advertised, the public hearing was opened. A representative of the applicant stated he had nothing to add. There being no further comment, either for or against, the hearing was declared closed. The Commission felt this was a typical variance situation and should be approved. MSUC (Stewart-G~er) Approval of the variance request subject to the following conditions: 1. The northerly 4 feet of this property shall be dedicated for the construction of a sidewalk monolithic with the curg. 2. A 2-1/2 foot wide utility easement and a 10 foot wide tree planting easement located 4 feet from the existing property line shall be offered to the city. 3. A minimum of four street trees (6' high) shall be provided along Davidson Street and a complete landscaping plan for the Davidson Street frontage shall be approved by the Planning staff prior to issuance of any building permits. 4. Any signs to be placed in the setback area shall be submitted for staff approval. Fi ndings be as follows: ~_.-.. ,-. a. That the strict application of the zoning regulations or requirements would result in particular difficulties or unnecessary hardships inconsistent with the general purpose and. intent of the regulations. The north side of Davidson already enjoys a 15' setback as well as the south side from Broadway east to this parcel. b. That there are exceptional circumstances or conditions applicable to the property involved or to the intended use or development of the property that do not apply generally to other property in the same zone or neighborhood. The adjoining lot was given a variance identical to this request less than one year ago. 6-11 · -6- 10/21/68 c. That the granting of a variance will not be materially detrimental to the public welfare or injurious to property or improvements in such zone or neighbor- hood in which the property is located. The building setback of 15 feet is in keeping with other properties in the area. d. That the granting of a variance will not be contrary to the objectives of the · General Plan. The General Plan will not be affected. Request for approval of buildinq plans for Richfield Oil Station at southwest corner of Boni ta Road and Ota\l Lakes Road A plot plan was submitted by the Director of Planning noting the area proposed for the service station site, the location of the pump islands and the building. The station shows a rock roof but they have agreed to alter this to a shake roof. The color of the sign will be yellow and tan. Since there are no buildings · immediately adjacent to this in the vicinity, it is a little diffi-cult to determine its compatibility to the adjacent area; however, the changes discussed will be· compatible with the shopping center. The staff recommends approval subject to two conditions: the white exterior be revised to light brown and the planter areas to be a minimum of four courses high and of used brick. Colored photos of the proposed building were submitted to the Commission. Member Adams stated he was not in accord with this plan since it is the very same building they use in their general commercial areas with the same facilities. He felt the station with the large canopy was too much for this neighborhood shopping center. Mr. Adams cited an example of a good looking station as that on Telegraph Canyon Road and L Street. He opposes the use of the canopy on this service station, · as well as on any service stations--they should be done away with. Member York felt they served a purpose such as during the rainy weather or the hot spells; this is when·the canopìes are needed. Director Warren remarked that he disagrees with Member Adams as to the architecture of the s tati on. The canopies are useful; they tend to cover up the lights and the outdoor acti vi ty. He did agree that the oil companies are defeating their purpose in putting this ranch-type station in the commercial areas when they should be reserved strictly for the.residential areas. MSC (York-Stewart) Approval of the site and building plans for the service station subject to the following conditions: 1. White exterior shown òn photo be revised to light brown or tan. 2. Planter areas to be a minimum of four courses high and of used brick. The motion passed by the following vote, to-wit: AYES: Members York. Stewart. Hyde, Rice, and Guyer NOES: Member Adams ABSENT: None Member Adams voted "no" because he felt the building is incompatible, particularly with the canopy. 6-12 $_ ., Ça ¡"'.... _ Tho _ ~ S..No. OI!'ART!oII!HT 01' ''''IIIJ(S AllIe AtcAUTIQH HJI8S_ HAER_ IIIR _ SHL _ Loc_ ; VTM: A '+'I1"7:t.o S ?'.I(?1.C HISTORIC héSOURCES INVENTORY c c -... IDENTIFICATION - 1. CommOn nad'le: 2 HiftOnC _: Martin Sette House 3. Stun or "'... óIddraI: 254 Fifth Avenue City Chula Vista ZlII 92010 San Diego CoIIntY 4. !'a1'Ql1 number: 567-080-20 5. PrtMnt e>wn.r: ~: 254 Fifth Avenue City Chula Vista lip 92010 Own.nhl . - Pub! )( p II: II: Pr,_ 8- ~u.: residential ~...:. residential OESCFIII'TION Neoclassical 7a. Ard'IilleNnl ftYll: 7b. Bri-'l.., dllllCribe 1M _.ø/l1 t~' d_ oi>1ft¡,J of 1!Mt liD 0; ftrueQ nt tñd cMM:ribe ..., .... alfInti_ from its origin.. CQndItlon; Legal: CV Sub, QS 149, por in E 1/2 Lot 3 This two story house is "L" shaped in front and features a medium, cfil1ss hipped roof ~ A dominant feature i.s an open porch at the right front corner that wraps around the corner and fUb in the ---. ilL. .. Five square pillars support the flat pOrch roof which also serves as the floor of a second story balcony and porch. The pillars rest on rock-face concrete block piers. The second story porch is partly covered by a shed roof with two wooden post supports. Stickwork railings grace the balcony and porches on both levels. Other details in this home include boxed cornices, double hung windows that appear indi vidua11y, and two bric::Jt chimneys: one interior and the other exterior. There is a roOlll addition in the rear, and protective grillwork has been added to one window. -'- "-10) MInI L eon.m..aIDn dab: Em,..,.. 1905 F_aI , . unknown ~ 9- AIdII1Kt In. SuiklM' unknown 11. -~ 1'1-0 FrQftIIIgt . ar_. -.. . 12. o.ls of onC I ftCKOgrWIII's¡ 1985 Df'R 523 m-. .cnst "/*11,1 Î'I..c/"J/ø,,?..;c 6-13 - --~-_.._.._------ . 13- CoMmon; ex<:aiJaot .2:.G<>od _ Fair _ Debrior_ _ No I~ in"";_ _ . room' additions in rear, qr~llwor~ on one window 14. Alwm:íor= _ -- 15- Surroundn:¡s: !a;ä............. "'" if ncaratY) Op;>n I~o;d _$QnerM ÞlJildingr _ C..,.¡y bujlt~ -2i- Flaidtfttiel ~h".SIriI:I _CQrn.,.......ial __0tIw: IS, Thnaa tò !it!<, ,..... ",-2.~d_Q.,."..,t_ ZOO'Ii'''J _ Vow:\eIi.m _ Puolie Woritt ¡;<".:>kø _ ~': 17. Is tn. nr'U~':rm'''õ:~ CiI Ït1 criginal wl X Mooed7 Unkno_l _ . 18. FltlUecI f,.,n._: _ landscõ>ping SIGNIFICANC-e 19- B,¡orf\y ~ I't~ .-.dIf# 1Id\~ imr.crunco Undu. da-. -.n. and ___ -.odic.! widlltle siu.1 The e¡¡¡;:ly history of t.his orchard house is unknown. The 1894 map of C~u¡a Vista sho~s that the eastern one-half of Lot 3 was a citrus orchard pwned by Otto Baird, but no house is shown at that location. This house probably was constructed after 1900, since the type of eonc~ete ÞlQck used on the porch was not invented until then. (The porch coulü have been reconstructed later, however, sometime after the original cc,nst.ruction of the house.) By 1911, Theo Schauer owned the pr01~e~ty, and this house apparently had been constructed. Charles Laubmayer we.s th,;,J owner in 1914, and by 1915, the house had been purche!;c"d by Mart.in Sr.1;te. In 1923, the tax assessment rolls show a large increas~ i~ th~ aÐ~~~sed value of improvements on this property, pos~ibly inàic~tin9 some alterations or additions. From 1924 to 1926. J. Calvin LauGerbach, the principal of the Chula Vista Union Setioel lived here with the Sette family. The Settes resided - in this house until at least 1931. This house is significant as an orchard home. 1,Dcatjo '" sUfICh mep {draw .-I I" sitIIand ..rraundllII __ rQedI. _ proIJIw-t 1.ndm1l'b1: 20. lit... ~ of u-.a r.is;«ic_ !It.-!NII QIIO il û-~ ~ n~ in order of !I.......""_¡ ArdliœQ1n .. ......." ...... .. Eo:o¡;cmicJlnduouiaI L.~_ Go""-(·...t MIliary A....... ~ 21. Sou~ {tilt~.A, c$Mo.... _~~ ~~ Øl'JONI inarvi..... w~~ City directo:f!,.u¡ CV· ;r.::~, As¡-¡;¡¡..tli: P.o11;¡; .:-- n. Oet"~IX;h ~~.cI_9-1-·1985 By (n=r...¡ K t-l~hS't.A"'t' O'9Il"~~~~~~Ula Vh-ta ~..,.. ;, . n ..__ Ie!."? Ck; 4';'~~~~~ I..., »t.,,- ZIp q'LO I.... Phone: _~~]fì .... <S 10' ~ 6-14 o t ~ê: :;1 . . './I=;=;;!, '\» .' .;:;::::..-J,':::' ": ....~,.. ____-J._ ." '. . -: ,-- ..t:.;;·.......~_.....:..*'....,r. '_,.,r -lri--:: --:C-.......:~f..;i~ e' I ._\ _.._ ,;.'-_~~'. ;....L~_...,.__ .-- 'fa~·¡:;;p:;;i~>~ .-~...r:-..i\-~¡,..~~~ -<:_'ij·7..~¡fr;:""i '''~4~: ~Y,"""':i::t}: :t;H'·' -'î.....:~~: ~-- I ~f'i.~ >"j;%.i~:è:.·~>:.: il ~--:..tJfJ~ .. ~ - .. -~'.",.. --:;4"'( [..: ",t " F, - - i I. , 1 'j -...:& i ,- - "1 - \. L.:.J -- -f'~ " .. ~-:~';:,~ , 1 , p. d;~ ---:-.,' .,.<J¡ti.~~..· V'!. ' ..-'" "-, ','.. ---"".......----..- ~"- -;,:..-<;:.,-. .--- ',.-', ...,'--....'.. ·-::";;Eë..':·- "^J,,;¡;Y(;i< -.>........=-- '--...- en. ~ ~~ _.~.- ~ a",.. '- __--:é'"--"'- .__ -<' .. -':~.C· .. ,:.... .. . ~i ~iI'~f ~¡! .I! ¡œEJI If ".1); """~' "I ,,-; ., '''"''''f --..;-j':¡;'" Î .. . -:-::;:¡'''~-: ffi'l . ,. , "-~J,~ ! y:-¡ __ 1!1- -;'-., i ~I~, -" <J -~~¡ - Q "--"'- '-- \ I ! I I \ ] í i ,-~- -¡ i ~-~"~ - ---.. ". . -. .: . . .. I. 0 . RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING 254 FIFTH AVENUE AS A HISTORIC SITE AND PLACING 254 FIFTH A VENUE, THE MARTIN SETTE HOUSE, ON THE CITY OF CHULA VISTA LIST OF HISTORIC SITES IN ACCORDANCE WITH THE MUNICIPAL CODE SECTION 2.32.070(A) WHEREAS, 254 Fifth Avenue (APN 567-080-30-00) is a Neo-Classical Orchard Home constructed in the early 1900's; and, WHEREAS, staff received communication ITom the property owner, David Bensoussan, requesting that his property, 254 Fifth A venue, be designated as a historic site on the City of Chula Vista List of Historic Sites; and, WHEREAS, State of California Historic Eligibility Criteria requires that a site be found significant at a local, state, or national level, under one or more of the criteria for designation; and WHEREAS, the Resource Conservation Commission determined that 254 Fifth A venue meets one of the local criterion for designation because it shown to have distinguishing architectural characteristics as one of the last remaining Orchard Homes in Chula Vista; and, WHEREAS, the Resource Conservation Commission at their regular meeting on October 4, 2004 voted 6-0-1-0 (with commissioner Bensoussan abstaining) to recommend that the City Council place 254 Fifth Avenue, the Martin Sette House, on the City ofChula Vista List of Historic Sites; and WHEREAS, the Environmental Review Coordinator has determined that this project is exempt per the Califomia Environmental Quality Act (CEQA), Section 15331, Class 31, Historical Resources Restoration and Rehabilitation. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the designation of254 Fifth Avenue, the Martin Sette House, as a Historic Site and detemrines that it is hereby placed on the City of Chula Vista List of Historic Sites as Historic Site #64. Presented by: Approved as to form by: :Do- "7. 1-1-- James D. Sandoval Ann Y. Moore Director of Planning & Building City Attorney 6-17 -------------..-.---------..-.-.--..-- COUNC~AGENDASTATEMENT Item No.: 1 Meeting Date: 11/23/2004 ITEM TITLE: Resolution of the City Council of the City of Chula Vista approving the executed Mills Act contracts between the City of Chula Vista and the owners of the historic sites located at 181 Madrona Street, 186 Cypress Street, 254 Fifth Avenue, 238 Second Avenue, 20 Second Avenue, and 62 Cook Court and authorizing the Mayor to sign said contracts. SUBMlITIJ:D BY: ""'"oc of P- "'" BWI"""f REVIEWED BY: City Manager cz;iJ (4/Sths Vote: Yes_NolO Staff, in accordance with Policy #454-0 I, has prepared contracts for six owners of historic homes who want to participate in the Mills Act program. Upon authorization by the City Council, the City will enter into the contracts, which will then be forwarded to the County Assessor's office for recordation, making the properties eligible for tax credit in the next assessed tax year. RECOMMENDATION: That the City Council approve the executed contracts for those property owners who have elected to participate in the Mills Act Program at this time. BOARDS/COMMISSIONS RECOMMENDATION: The Resource Conservation Commission reviewed these contracts on October 4, 2004 and recommends that the City Council approve each of the contracts that are being considered at this time and authorize the Mayor to sign said contracts . DISCUSSION: On May 29,2001 Council adopted a policy (Policy #454-01) that allows the City of Chula Vista to enter into Mills Act Agreements with owners of historic properties. These agreements will help provide the property owners financial assistance in the form of property tax relief. Staff, with the approval of the City Attorney has prepared contracts that have been entered into by the owners of historic homes who want to participate in the Mills Act Program Staff has met with those homeowners that have applied to participate in the Mills Act Program and together with each homeowner has determined a list of potential improvements to the property to be completed over the next ten (10) years. Some of the potential improvements include: painting the homes with historic colors, new roofs, and general maintenance and repairs that will help retain the property's historic character. Subsequent to this each property owner signed the contract thus showing their agreement to the provisions of the contract. Each contract 7-1 -"-...-- --_.---- --"- - _.~-_.._----_.- Page 2, Item No.: 1 Meeting Date: 11/23/2004 was considered by the RCC who recommended that Council approve said contracts. Review and approval by the City Council of the executed Mills Act contracts is necessary for the City to enter into each of the Mills Act Agreements. Upon approval by the City Council and signature by the Mayor, the City will enter into the contracts, which will be forwarded to the County Assessor's office for recordation. FISCAL IMPACT: Implementation of the Mills Act contracts will have a nominal fiscal impact on the City. The City only receives $0.147 of each property tax dollar, therefore there will be minimal fiscal impact associated with the reduction in property taxes as a result of the Mills Act Program. · Attachments 1. RCC Minutes 3. Mills Act Conttacts 4. Photos of the properties J :\Planning\Lynnette\council\mills act contracts agenda statement 2004.doc · · · 7-2 DRAFT MINUTES OF A REGULAR MEETING OF THE RESOURCE CONSERVATION COMMISSION October 4, 2004 Ken Lee Building Conference Room 430 "F" Street 'MEETING CALLED TO ORDER by Chair Doug Reid at 6:02 p.m. ROLL CALUMOTION TO EXCUSE MEMBERS PRESENT: Chair Doug Reid, Vice-Chair John Chávez, Commissioners Teresa Thomas, Juan Diaz, Stanley Jasek, Pamela Bensoussan and Tracy Means STAFF PRESENT: Paul Hellman, Environmental Projects Manager Lynnette Tessitore-Lopez, Associate Planner Linda Bond, Recording Secretary OTHERS PRESENT: Philip Lopez, 20 Second Avenue, Chula Vista Georgie Stillman, 580 Twin Oaks Avenue, Chula Vista Armando & Bahena Ibarra, 646 Del Mar Avenue, Chula Vista DRA~T ---,------~------..- -- ~--- ---- --.... ""-"~""~"--"-'--'--_._~-,_.-..,,--- DRAFT RCC Minutes - 2 - October 4. 2004 APPROVAL OF MINUTES: April 19, July 19, August 2 and September 13,2004 April 19, 2004 Minutes MSC (Jas ek/Ben so us san) to approve the April 19, 2004 minutes as submitted. Vote: (4-0-3-0) with Thomas, Chávez and Means abstaining. · July 19, 2004 Minutes MSC (DiazfThomas) to approve the July 19,.2004 minutes with the following revision: In Attachment 1, second bullet, delete part of the first and second sentence. . Vote: (4-0-3-0) with Jasek, Chávez and Means abstaining. · August 2, 2004 Minutes MSC (Jasek/Thomas) to approve the minutes of August 2, 2004 with clarification of the last paragraph on page 4. Vote: (5-0-2-0) with Diaz and Means abstaining. · September 13, 2004 Minutes MSC (DiazfThomas) to approve the minutes of September 13,2004 as submitted. Vote: (6-0-1- 0) with Means abstaining. ORAL COMMUNICATIONS: None. · DRAFT DRAFT RCC Minutes -3- October 4. 2004 NEW BUSINESS 1. 20 Second Avenue, Historic Designation and Mills Act Contract commissioner Teresa Thomas recused herself from this item. Ms. Lynnette Tessitore-Lopez (Associate Planner) presented the staff report for 20 Second Avenue. Staff Recommendation: That the RCC consider 20 Second Avenue for inclusion on the Chula Vista Historical Sites List as being one of the few large Colonial Revival homes remaining in Chula Vista and recommend for the Mills ACt. MSC (DiazlMeans) to recommend 20 Second Avenue for inclusion on the Chula Vista Historical Sites List. Vote: (6-0-1-0) with Thomas abstaining. 2. 254 Fifth Avenue, Historic Designation and Mills Act Contract Commissioner Bensoussan recused herself from this item. Ms. Tessitore-Lopez presented the staff report for 254 Fifth Avenue. Staff Recommendation: That the RCC consider 254 Fifth Avenue for inclusion on the Chula Vista Historical Sites List for being one of the last remaining Orchard Homes in Chula Vista, with the DlUFT DRAFT RGG Minutes -4- October 4. 2004 stipulation that landscaping and other efforts be implemented to distinguish the home from the 6- unit apartment complex on the same lot and recommend for the Mills Act. MSC (JaseklDiaz) to recommend 254 Fifth Avenue for inclusion on the Chula Vista Historical Sites List with staff's recommendation that landscaping and other efforts are accomplished to distinguish the home from the apartment complex on the same lot. Ms. Georgie Stillman (580 Twin Oaks Avenue, Chula Vista, CAY reported that the landscaping has been improved to separate the apartment façade from the historic house. The apartment tenants are not allowed to p,ark in the front anymore. The porch has almost been completed and is screened with attractive greenery to give the appearance of the flow of that porch around the entire "L". The historic moldings and work that are on the back have been taken back to the original. Vote: (6-0-1-0) with Bensoussan abstaining. 3. 181 Madrona Street, Historic Designation and Mills Act Contract Ms. Tessitore-Lopez reported that the RGG recommended this site for designation on October 15, 2001, with the condition that the brick façade and carport be removed. After the RGG recommendation for inclusion, the previous owners rescinded their application. The current owners have requested re-consideration. The brick façade has been removed, and the current owners intend to remove the carport. The significance of this home is attributable to its architecture as 'a bungalow and its location within one of the first tracts named after Henry Gulick. The applicants have also applied to participate in the Mills Act Program. DRAFT DRAFT RCC Minutes - 5 - October 4. 2004 Staff Recommendation: That the RCC reconsider this house for inclusion on the Chula Vista Historic Sites List and recommend for the Mills Act. MSUC (Thomas/Bensoussan) to recommend 181 Madrona Street for inclusion on the Chula - Vista Historical Sites List with the condition that the carport be removed. Discussion Chair Reid stated that, when he drove by the house, it was for sale. It is his understanding that any Mills Act conditions would stay with the land not the ownership. Ms. Tessitore-Lopez responded in the affirmative. The owners just moved into the home, and they are testing the market, but will probably not sell the home. Vote: (7-0) 4. 238 Second Avenue, Historic Designation and Mills Act Contract . Ms. Tessitore-Lopez presented the staff report for 238 Second Avenue. She noted three corrections in the 'history of the house' document that the applicant had submitted. DRAFT ---.-.- DRAFT RCC Minutes -6- October 4. 2004 Staff Recommendation: That the RCC consider this house for inclusion on the Chula Vista Historic Sites List for being the home of John M. Davidson, a person important to the history of Chula Vista as one of the first farmers and landowners in Chula Vista, and recommend for the Mills Act. MSUC (Thomas/Diaz) that 238 Second Avenue be recommended for historic designation and the Mills Act. Vote: (7-0) 5. 186 Cypress Avenue, Historic Designation and Mills Act Contract Ms. Tessitore-Lopez presented the staff report for 186 Cypress Avenue. Staff Recommendation: That the RCC include it on Chula Vista's list of Historic Sites as a bungalow style home constructed within one of the first tracts of modest homes in Chula Vista with the requirement that any windows that have been changed be restored as part of the Mills Act Program. MSUC (Thomas/Jasek) that the RCC recommend this home for historic designation and also the Mills Act. Discussion Commissioner Bensoussan thinks this is a really important street. It's a wonderful bungalow street. We should do all we can to encourage people to preserve that street. Vote: (7-0) DRAaFT DRAFT RGG Minutes -7- October 4. 2004 6. Mills Act Contract, 62 Cook Court (Hazel Goes Cook House) Historic Site #20 Ms. Tessitore-Lopez presented the staff report for 62 Cook Court. Staff Recommendation: That the RCG recommend to the City Council to approve this house for the Mills Act Contract. MSUC (Thomas/Diaz) that the RCC recommend this home for the Mills Act. Vote: (7-0) 7. 646 Del Mar Avenue, Historic Designation and Mills Act Contract Commissioner Bensoussan recused herself from this item. Ms. Tessitore-Lopez presented the staff report for 646 Del Mar Avenue. With limited information available on this home, staff was a bit concerned about the roofline differentiation particularly on a Colonial Revival asymmetrical form. The roofline has been altered. Staff Recommendation: With conflicting limited information available and alterations done to the house, including the roofline and vinyl windows, it does not fit into the category needed to recommend it for inclusion based on architecture. And without more information on who potentially owned it, staff believes it probably was a smaller home of the larger home next door. Based upon that, staff recommends against its inclusion on the Ghuia Vista Historic Sites List. DIù111T _....-.-,.__.._---~-- DRAFT Ree Minutes - 8- October 4. 2004 Discussion Commissioner Thomas discussed with the owners (Armando & Behena Ibarra) what they would be willing to do to qualify for the Mills Act Program. The owners indicated that they plan to expand the house and do not intend to remove the large fountain in the front yard or go to the expense of changing out the vinyl windows. MSC (JaseklDiaz) that the Rec accept the staff recommendation not to include this home on the Chula Vista Historic Sites List based on architecture or recommend it for the Mills Act Program. Vote: (6-0-1-0) with Bensoussan abstaining. ENVIRONMENTAL REVIEW COORDINATOR COMMENTS: None. CHAIR COMMENTS 8. Consideration of RCC appointment of a Commission member to represent the Commission at public hearings. MSUC (BensoussanfThomas) to appoint the Chair, Vice-Chair, their appointee or the Commissions' appointee to represent the Commission at public hearings. Vote: (7-0) COMMISSIONER COMMENTS DRAFT DRAFT RCC Minutes - 9- October 4. 2004 MSUC (ChávezlThomas) that RCC actions, votes and comments on EIRs and Draft EIRs be forwarded in a timely manner by hardcopy and email to the Planning Commission, and, as appropriate, to other Commissions (e.g., Design Review Committee), and that a RCC representative be present at Planning Commission public hearings on EIRs and Draft EIRs. Vote: (7-0) ADJOURNMENT: Chair Reid adjourned the meeting at 7:45 p.m. to a regular meeting on Monday, October 18, 2004, at 6:00 p.m. in the Ken Lee Building Conference Room, 430 "F" Street, Chula Vista, CA 91910. Prepared by: Linda Bond, Recording Secretary (J:\PlanningIRCC\2004IRCC100404Mins.doc) DRAFT ----~. _._~~._-".. ...~ ~ I. '# .~ ~ .. ~- -~-~~ ~,j . ..~ ~ I . I ! I , -'. . ~'~ ..-- ~ ··~fil~._. - - f .- .. ~ Q r",..~ ~ 0 "_i~~,-~~'t'¿".:i.c.,-,_, F ~ =---- -. \ -""'" IF*" . ~ --:'C . :.=..- ~. .~~ , C;;."~ *~\ \' " ~ ~ ~~ ~~ ~~ ~ V\ . ~. ."'.' 7-13 ] I I , I ~, ¡ I -,. ',==- ~.,'- '[1;1 :', '!;.-. .a.: .=-., .U_,__ _ ,_ __;... I ".___-~_- ---- .._-..>--- ., ~~",,;;~?j;iir~» _ i .~ f' , ~..- ~oIt_~ '~~4 {:_ .~:--~J5:-IJ~··~~~!··'_- ?:~--¡-. --. --, j' .~.",.' ¡...~~ ,~.4"'_._....., f ¡ ~?'·t :;!'I ~,:~17: . ' '~..., . I ~_..",.,_. ',.' . ~.~."..;= ::';'"'¡r: -!~-"- . ~, -~f~· ~..: - ~-~~ . I ;-- \ Ii !.. I ¡ I__~ : , Î7:¡ - L..' i i; '~ ::=:.~- !PC.1? ª'";....~: ~Il .~¡;~~ d->" ·<~:.:~~.:t:~:·..~~~ .." ... , ....-,~ . -, .~""';:"::. .. - ,,,.....--... - ¿-'(';'~'.f·, r~e_ .1 ~, ,~~ -- ~~ ~ .-- ~,'; ~ ~' --:~ .~~. II .-.~ J,-....., ~~.~:;"f:):':}':;~;~~ -~ t. , '. . , " . , - ~., , >.'~ ",." - ! -- j \ J \ \- .1 ~ \ ,~r'~ " - .. .: -. . .. .. . . · ./ ~ , ~.- Figure 1. 2004 View of Front (East) of 238 Second Avenue. Taken by Susan Walter August 2004. Original located at Walter Enterprises. 1-16 ..........cl~·~ ....,-+. " "'.... .~ ~ ~ . ~{~:~ . t ..... ". .', \>'; / -, ·t 1- ¡ . '. ~ . .' . .' ".' .\ \._'a.:;' ,,-. """V' .~1t .... ^ .~.. .<.'~~ l\~1 ~ .~ - .. r-'- ....... ~ ..... .., '. '.0- "".:,:,_.. '._- -."'.. .-~ - ~-;;:;-.-";~ -;.{...:..- ~ 'ii"""":- 1......-; . . - . - . . . -. -- .. .. -. ~""~ $:::Ii; :, I - r:g '·-11 Fronf yic:tJ -- -- - ~ ~- - - . -- "" --- -"- -- '".. ,.,< ;:; () Ij G'>{"()f)d ()u.Ji . -~"'--_."-'--'--"""--~-'-'--~--'-'--'-"--" ~... - - ~. .--.---- , ..... - . "-II . .", __ . !!!I . ........ tffi·. ~~ ~lidlnl1 ŒDiij~.~~~. KWtt ..... ..- . I r ...;;';;,,,",,;0-<'1 , .~_. - ---------_._._~~..__._..._--_._..- ~ :..-; ~~ ~ ~ "" '.. ':'C; ß .~ .~., ~ ~'l. ''''''.' \~ ~ À' ¡¡c ~. .~!J ...~ ;§\ ----, . ,,' ~ - ".~ . _~r-;'- . - ,-'-"-' '-~---::~'! .' ' . ,~" ~_!~:': ,.,ç" . ,- ~--~: --"'f' ,~~~. ~ ; ~ _ 1-'T:1=?,..;,: of t:~"~... . ,I ....;' ,~~ .~: \ ,'ó_ ~ '. ,r,'··' . ',"f'.; ~~'':::' . ...~~". .~,', ._,,,..__'F . . ~' d" '. '- :. _". ,. ' "::;'::::fi~: ' ,~ " _.~ _.._...-_ ._......__.~, __~~......'_.__-~~ "F'~~.-.-.;"'-.--:-"~-.:--' ,-..., ,- ,......--- '-,-"",,- " I Hr' ·········U···········' ~ !-~ t;:"I-~'~\ __~ '""b:!,:;þ:¿;CF' \r\ - ::;;-- . "T"'_'" ' :~i~~~~r!!.;..:-.ift~t i11 - '^;".__,;>,~,~,.;_>,.. 'x to' .' -" .", ~~~r;)~:ffb " -~. '., ...\ ,>'" >;-.,¡'_~.. .>,',~. - Ji",..=-8I' '~'i-'A\~;';¡'IIi' - ,,.... -' ". ~{; .";1' Jic"C"C.: ;,~. '~T"-"~ ", ..,'~ ._,.." .__.... ~~~:t:,_.. ,"",. ;&'~~..-:....,. '. , ; ',.. ,'i·:i';~~~t3,'~4~~""''''?'''-~'"~ ..*y-;·,i<'~:;:f~;~-~-'~~~,~2:;~-I1-:::(-~·.!!:.:;;-~~:..,_~~'~--.".~,._.,~1!"'!':~~, I RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE EXECUTED MILLS ACT CONTRACTS BETWEEN THE CITY OF CHULA VISTA AND THE OWNERS OF HISTORIC PROPERTIES LOCATED AT 181 MADRONA STREET, 186 CYPRESS STREET, 254 FIFTH AVENUE, 238 SECOND AVENUE, 20 SECOND A VENUE, AND 62 COOK COURT AND AUTHORIZING THE MAYOR TO SIGN SAID CONTRACTS. WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills_Act, authorized cities to enter into contracts with the owners of qualified historical properties to provide for the use, maintenance, and restoration of such historical properties so as to retain their characteristics as properties of historical significance, and; WHEREAS, following Council's Policy Number 454-01, adopted May 29,2001, upon approval by City Council the City ofChula Vista will be able to enter into said Mills Act Agreements with property owners of qualified historic properties, and; WHEREAS, City and Owner(s), for their mutual benefit, now desire to enter into this Agreement both to protect and preserve the characteristics of historical significance of the Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the provisions of Article 1.9, (commencing with Section 439) of Chapter 3 of Part 2 of Division I of the California Revenue and Taxation Code (and as amended ftom time to time), and; WHEREAS, the Owner(s) are detennined to be the owners of: 181 Madrona Street, 186 Cypress Street, 254 Fifth Avenue, 238 Second Avenue, 20 Second Avenue, and, 62 Cook Court, and; WHEREAS, State legislation defines a qualified historic property as any property that is listed on a national, state or local historic register, and; WHEREAS, all said properties are all listed on Chula Vista's List of Historic Sites, and therefore are all deemed as "qualified historic properties", and; WHEREAS, the Resource Conservation Commission at their regular meeting held on October 4, 2004 reviewed each contract in its entirety and made the recommendation to City Council to approve the City ofChula Vista to enter into said contracts, and; WHEREAS, the Environmental Review Coordinator has detennined that this project is exempt per the California Environmental Quality Act (CEQA), Section 1533 I, Class 3 I, Historical Resources Restoration and Rehabilitation, and; NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the executed Mills Act contracts between the City OfChula Vista and the owners of the following historic properties: 181 Madrona Street, 186 Cypress Street, 254 Fifth Avenue, 238 Second Avenue, 20 Second Avenue, and 62 Cook Court, all located in the City of Chula Vista. Presented by: Approved as to fonn by: D~(·~ James D. Sandoval Ann Moore r¡-JJ Director of Planning & Building City Attorney -----.---"--"-" THE ATTACHED AGREEMENTS HAVE BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL DCl- ì. H---.. Ann Moore City Attorney Dated: November 17, 2004 MILLS ACT CONTRACTS BETWEEN THE CITY OF CHULA VISTA AND THE OWNERS OF THE mSTORIC SITES/PROPERTIES LOCATED AT 181 MADRONA STREET, 186 CYPRESS STREET, 254 FIFTH AVENUE, 238 SECOND AVENUE, 20 SECOND A VENUE, AND 62 COOK COURT 7-22 Recording Requested by and Plea¡¡e Return to: City Clerk City of Chul. Vista P.O. Box 1087 Chul. Vist., CA 91912 1J This Space for Recorder.'s Use Only 1J APN(s) 569-142-15-00 MILLS ACT AGREEMENT For property located at 181 Madrona Street, Chula Vista, CA 91910 THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a municipal corporation ("City") and Anthony Garza and Celina Garza ("Owners"), RECITALS WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills Act, authorized cities to enter into contracts with the owners of qualified historical properties to provide for the use, maintenance, and restoration of such historical properties so as to retain their characteristics as properties of historical significance. WHEREAS, Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, Assessor Parcel No. 567-080-30-00, and generally located at the street address 181 Madrona Street, Chula Vista, California, 91910, (Historic Site #65). WHEREAS, the Chula Vista City Council declared and designated the above property as Historical Site Number 65, pursuant to Chula Vista Municipal Code Section 2.32.070. A-F. WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this Agreement both to protect and preserve the characteristics of historical significance of the Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the provisions of Article 1.9, (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code (and as amended from time to time). NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner agree as follows: 1. Compliance with Council Policy. Owner shall comply with Council Policy Number 454- o I incorporated herein by this reference. 7-23 Page 2 of6 Mills Act Contract . 2. Standards for Historical Site. During the te= of this Agreement, the Historic Site shall be subject to the following conditions, requirements, and restrictions: a. Owner should preserve and maintain the regulated characteristics of historical significance of the Historic Site, and, where necessary and feasible, restore and rehabilitate the property, in accordance with the rules and regulations published by the Secretary of the Interior and as amended from time to time (Attachment A). Work should be done in accordance with the attached schedule of potential home improvements, drafted by the Owner (Attachment B). b. Owner should maintain all buildings, structures, yards and other improvements in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited: 1. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows; 11. Scrap lumber, junk, trash or debris. iii. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items; iv. Stagnant water or excavations, including pools or spas; v. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition, or its inappropriate location. s¿, Owner shall allow reasonable periodic examination of the Historic Site, by prior appointment, if a request is made by representatives of the City of Chula Vista Planning Department, County Assessor, State Department of Parks and Recreation or the State Board of Equalization. d. The owner shall allow visibility of the exterior of the structure from the public right-of-way. ~ Should owner apply to the City for a permit for demolition, substantial exterior alteration or removal of the Historic Site, Owner shall attend and participate in a scheduled hearing regarding such application before the board or commission designated by the City Council to oversee the City's historic resources prior to the issuance of such pe=it, so long as such hearing is completed no longer than three (3) weeks after owner submits such application to the City. f Notwithstanding the foregoing subparagraph 2.e, should Owner apply to the City for a permit for the demolition, substantial exterior alteration or removal of the Historic Site, Owner shall comply with all City and State of California environmental regulations, policies and requirements prior to City issuance of the requested permit. 3. Information of Compliance. Owner hereby agrees to furnish City with any and all information requested by the City which the City deems necessary or advisable to determine compliance with the t=s and provisions of this Agreement. 4. Cancellation. City, following a duly noticed public hearing as set forth in California Government Code Sections 50280, et seq., may cancel this Agreement if it determines that Owner has breached any of the conditions of this Agreement or has allowed the property to deteriorate to the point that it no longer meets the City's or State's standards 7-24 Page 3 of6 Mills Act Contract for a qualified historic property. In addition, City may cancel this Agreement if it determines that the Owner has failed to restore or rehabilitate the property in the manner specified in subparagraph 2(a) of this Agreement, or has demolished, substantially altered or removed the historic site. In the event of cancellation, Owner maybe subject to payment of those cancellation fees set forth in California Govemment Code Section 50280, et seq. 5. Enforcement of Agreement. In lieu of and/or in addition to any provisions related to cancellation of the Agreement as referenced herein, City may specifically enforce or enj oin the breach of the terms of this Agreement. In the event of a default under the provisions of this Agreement by Owner, City will give written notice to Owner by . registered or certified mail addressed to the address stated in this Agreement, and if such a violation is not corrected to the reasonable satisfaction of the City within thirty (30) days (provided that acts to cure the breach or default must be commenced within thirty (30) days and must thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of terms of this Agreement, apply to any court, state or federal for injunctive relief against any violation by Owner or apply for such other relief as may be appropriate. City does not waive any claim of default by Owner if City does not enforce or cancel this Agreement. All other remedies of law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic sites are available to the City to pUrsue in the event there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 6. Binding Effects of Agreement. The Owner hereby subjects the Historic Site to the covenants, reservations and restrictions as set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Site. Each and every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Site, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Agreement regardless of whether such covenants, reservations, and restriction are set forth in such contract, deed, or other instrument. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein, touch and concern the land, in that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions, touch and concern the land by enhancing and maintaining the historical characteristics and significance ofthe Historic Site for the benefit of City, the public, and Owner. 7. Effective Date and Term of Agreement. This Agreement shall be effective and commence on November 23, 2004 (but no earlier than approval of the agreement by the 7-25 _~..__._.__..,._M'..___·______·_ Page 4 of6 Mills Act Contract City Council), and shall remain in effect for a term often (10) years thereafter. Each year upon the anniversary ofthe effective date, such initial term will automatically be extended as provided in paragraph 8 below. 8. Renewal. Each year on the anniversary of the effective date ofthis Agreement (the "renewal date"), a year shall automatically be added to the initial term of this Agreement unless notice of non-renewal is mailed as provided herein. If either Owner or City desires in any year not to renew this Agreement, Owner or City shall serve written notice of non-renewal on the other party in advance of the annual renewal date of the Agreement. Unless such notice is served by Owner to City a1 least ninety (90) days prior to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. Upon receipt by Owner ora notice of non-renewal ftom City, Owner may make a written protest of the notice. City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice of non-renewal. If either City or Owner serves notice to the other of non-renewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either ftom its original execution or ftom the last renewal of the Agreement, whichever may apply. 9. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by either party. To City: City of Chula Vista Attention: Director of Planning & Building 276 Fourth Avenue Chula Vista, CA 91910 To Owner(s): Anthony and Celina Garza 181 Madrona Street ChuIa Vista, CA 91910 7-26 Page 5 of6 Mills Act Con1ract 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. Owner agrees to and shall hold City and its elected officials, officers, agents, and employees harmless ftom liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise ftom the direct or indirect use of operations of Owner or those of his or her contractor, subcontractor, agent, employee or other person acting on his or her behalfwhich relate to the use, operation, and maintenance of the Historic Site. Owner hereby agrees to and shall defend the City and its elected Officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reasons of Owner's activities in connection with the Historic Site. This hold harmless provision apþlies to all damages and claims for damages suffered, or alleged to have been suffered, by reason ofthe operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications, or other documents for the Historic Site. c. All of the agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historical Site, whether by operation of law or in any manner whatsoever. d. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. e. This Agreement shall not take effect unless and until Owner's signature is notarized by a notary public. Furthermore, if an agent or representative of Owner signs this Agreement on behalf of Owner, the agent or representative must furnish proof, to the satisfaction of City, that the agent or representative has authority to act on Owner's behalf. f. This Agreement shall be construed and governed in accordance with the laws of the State of California. 1.1. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of San Diego. 1b Amendments. This Agreement may be amended only by a written and recorded instrument executed by the parties hereto 7-27 --_._._.^-_..~_."--'---'-"-- ATTACHMENT "A" SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND REHABILITATION OF HISTORIC STRUCTURES 1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. 2. The historic character of a property shall be retained and preserved. The removal of historic materials or alterations of features and spaces that characterize a property shall be avoided. 3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conj ectural features or architectural elements ftom other buildings, shall not be undertaken. 4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. 5. Distinctive features, fmishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. 6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. 7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. 8. Significant archaeological resources affected by a proj ect shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. 9. New additions, exterior alterations, or related new construction shall not destroy historic materials tliat characterize the property. The new work shall be differentiated ftom the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. 10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. 7-28 ATTACHMENT "B" MULLS ACT AGREEMENT SUPPLEMENTAL (To be completed by the Owner) "- Please list, to the best of your knowledge, the improvements that have been made over ihe.p.¡¡st 10 years to maintain or rehabilitate this property. YEAR . J IMPROVEMENT ,J J. "'N L :~ J.()():$ ~\.,'-' S" C.'NO_'"1L PH,,, ~.tA;"';IV) "Il\l F... (~~.: _., Þ>. \ j J h fP."-'+ . V~¡I." ~ ~t." \I..<'f~'1., . \I vÄ \.1' .. ';c ;<vjS j¡Vl"¡ L .~f,- ' I ~ S'jO<:¡µiJvt rjf!..,., i^J ~,(ý-J YII(. Please list the improvements and restorations that you intend to make over the next 10 years. List them in order of your priority based upon anticipated need for proper maintenance. PRIORITY IMPROVEMENTIRESTORATlONS ¡Vr..w s-j,'Y ,,,) (J,,-I¡;Je. fó fI'!~fÛ) tJ/J f'v,¡J Go,..;c'.!-.1t d(¡'ve..wfi.Y G"xl"rJC{vv MfJ).r-C-¡:¡jJ /rv /JfJ(.-1;: ywd fVl..-l.j ¡Ç<d-. µ1.'1J ¡;/lO~)<' jtJI/) fAkt- dt;#~ CAr fert- ,vc+ I r".-,¡) Ntt I , v"c r IA¡å r fIr h"-.>p-,,/ c rJ Sr{(..t.:t". r;x Ç'..I"'<-<-- Cìru....r-IJ f.,/.!JL- OWNER CERTIFICATION: I certify that I am presently the legal owner of the subject property. Further, I acknowledge the supplemental information on this form will be used as an exhibit attached to the Mills' Act Agreement. Date: /Ò'/ L¡ . 0 '-1 s¡on.tnre'~r â_/jj,,~ 7-29 - __________u_ _..~__.__,~~_,. Page 6 of6 Mills Act Contract SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR 181 Madrona Street, Chula Vista, CA 91910 CITY OF CHULA VISTA OWNER(S) OF RECORD Date: Date: j(J'j ý. tJ t.j Approved: By~JJ~ Stephen C. Padilla, Mayor otari e Signature) Date: Date: 10 - IL/- 0:1 Attest: B~ I¿~ &P Susan Bigelow, City Clerk (N otari:6eâ'Signatur . Date: Approved as to form: Ann Y. Moore, City Attorney OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF NOTARY PAGE WITH SIGNATURE AND SEAL. ,."~"",=..,,,.,...~,,.- ". (if;\. !~ ,(e '; ; ~;', . ¡.". .-~'~ , i)"- ¡ ¡ . ~:¡:-,!' OCT 2 8 2004 · U; (JL~~'''m . . _-' 7-30 r: . ~\¡;'J~r~C . ..'--......- .~ ALL PURPOSE ACKNOWLEDGEMENT State of ca~~ia ) County of . n J)'¡,pj0. ) On ~ (Date) before me, A ~)OQEA ~ ); (J)I..J (Name and title "Notary Public"), personally appeared Gny~¿:,' rZ£L ~ (I r:; ( i ¡::,A !!f v'U<...- (Name of Signer(s»), persBllall, læ9'1'1'R t9 !Be (or proved to me on the basis of satisfactory evidence) to be the personG) whose nam~ ~ubSCribed to the within instrument and acknowledged to me that lie.'slutl G1xecuted the same in ftisfIte~ authorized capacity~ and that by 1H5Ate@ signatur@ on . the instrument the person@ or the entity upon behalf of which the perso@ acted executed the instrument. @ . ~:.c.;.s. . \ ... . -. COUll. #1438252 ~ Ii . IIOTAR'I PìIBUC . c.wFORlllA -. SAN DIEGO COUNlY Witness my hand and official seal. ~ c....~j I :",~AI.~rs:r~~ f - ~ . . . . ~d~ ~ Notary's Signature Seal Copyright 2002 North Ameriœn Notary AssociatioD Fonn 1005 CA .. Recording Requested by and Please Relurn to: City Clerk City of Chula Vista P.O. Box] 087 , Chula Vista, CA 91912 i ! ì I ! This Space for Recorder's U:U! Only i D D APN(s) 569-142-03-00 MILLS ACT AGREEMENT For property located at 186 Cypress Street, Chula Vista, CA 91910 THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a municipal corporation ("City") and Olivia Fernandez and Juan Carlos Fernandez ("Owners"). RECITALS WHEREAS, California Government Code Sectjon 50280, et seq., referred to as the Mills Act, authorized cities to enter into contracts with the owners of qualified historical properties to provide for the use, maintenance, and restoratjon of such historical properties so as to retain their characteristics as properties of historical significance. WHEREAS, Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, Assessor Parcel No. 567-080-30-00, and generally located at the street address 186 Cypress Street, ChulaVista, California, 91910, (Historic Site #67). WHEREAS, the Chula Vista City Council declared and designated the above property as Historical Site Number 67, pursuant to ~ula Vista Municipal Code Section 2.32.070. A-F. WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this Agreement both to protect and preserve the characteristjcs of historical significance of the Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the provisions of Article 1.9, (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code (and as amended ITom time to time). NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner agree as follows: 1. ComDliance with Council Policv. Owner shall comply with Council Policy Number 454- 01 incorporated herein by this reference. I I I I I ! i 7-32 I Page 2 of 6, Mills Act Contract 2. Standards for Historical Site. During the term of this Agreement, the Historic Site shall be subject to the following conditions, requirements, and restrictions: a. Owner should preserve and maintain the regulated characteristics of historical significance of the Historic Site, and, where necessary and feasibJe, restore and rehabilitate the property, in accordance with the rules and reguJations published by the Secretary of the Interior and as amended ftom time to time (Attachment A). Work should be done in accordance with the attached schedule of potential home improvements, drafted by the Owner (Attachment B). b. Owner should maintain all buildings, structures, yards and other improvements in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited: 1. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows; 11. Scrap lumber, junk, trash or debris. Ill. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, reftigerators, cans, containers, or similar items; IV. Stagnant water or excavations, including pools or spas; v. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition, or its inappropriate location. c. Owner shall allow reasonable periodic examination of the Historic Site, by prior appointment, if a request is made by representatives of the City ofChula Vista Planning Department, County Assessor, State Department of Parks and Recreation or the State Board of Equalization. d. The owner shall allow visibility of the exterior of the structure ftom the public right-of-way. e. Should owner apply to the City for a pernlit for demolition. substantial exterior alteration or removal of the Historic Site, Owner shall attend and participate in a scheduled hearing regarding such application before the board or commission designated by the City Council to oversee the City's historic resources prior to the issuance of such permit, so long as such hearing is completed no longer than three (3) weeks after owner submits such application to the City. f Notwithstanding the foregoing subparagraph 2.e, should Owner apply to the City for a permit for the demolition, substantial exterior aJteration or removal of the Historic Site, Owner shall comply with all City and State of California environmental regulations, policies and requirements prior to City issuance of the requested permit. 3. Information of Compliance. Owner hereby agrees to furnish City with any and aJ I information requested by the City which the City deems necessary or advisable to determine compliance with the terms and provisions ofthis Agreement. 4. Cancellation. City, following a duly noticed public hearing as set forth in California Government Code Sections 50280, et seq.,.may cancel this Agreement ifit detemlines that Owner has breached any of the conditions of this Agreement or has allowed the property to deteriorate to the point that it no longer meets the City's or State's standards I I ! I Page 3 of6 Mills Act Contract for a qualified historic property. In addition, City may cancel this Agreement if it determines that the Owner has failed to restore or rehabilitate the property in the manner specified in subparagraph 2(a) of this Agreement, or has demolished, substantially altered or removed the historic site. In the event of cancellation, Owner maybe subject to payment of those cancellation fees set forth in California Government Code Section 50280, et seq. 5. Enforcement of Agreement. In lieu of and/or in addition to any provisions related to cancellation of the Agreement as referenced herein, City may specifically enforce or enjoin the breach of the terms of this Agreement. In the event of a default under the provisions of this Agreement by Owner, City will give written notice to Owner by registered or certified mail addressed to the address stated in this Agreement, and if such a violation is not corrected to the reasonable satisfaction of the City within thirty (30) days (provided that acts to cure the breach or default must be commenced within thirty (30) days and must thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out ofterms of this Agreement, apply to any court, state or federal for injunctive relief against any violation by Owner or apply for such other relief as may be appropriate. City does not waive any claim of default by Owner if City does not enforce or cancel this Agreement. All other remedies of law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic sites are available to the City to pursue in the event there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 6. Binding Effects of Agreement. The Owner hereby subjects the Historic Site to the covenants, reservations and restrictions as set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Site. Each and every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Site, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subj ect to the covenants, reservations, and restrictions expressed in this Agreement regardless of whether such covenants, reservations, and restriction are set forth in such contract, deed, or other instrument. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein, touch and concern the land, in that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions, touch and concern the land by enhancing and maintaining the historical characteristics and significance of the Historic Site for the benefit of City, the public, and Owner. 7. Effective Date and Term of Agreement. This Agreement shall be effective and commence on November 23, 2004 (but no earlier than approval of the agreement by the 7-34 - ~~---~..~------_._--_.- Page 4 of6 Mills Act Contract City Council), and shall remain in effect for a tenn often (10) years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 8 below. 8. Renewal. Each year on the anniversary of the effective date of this Agreement (the "renewal date"), a year shall automatically be added to the initial term of this Agreement unless notice of non-renewal is mailed as provided herein. If either Owner or City desires in any year not to renew this Agreement, Owner or City shall serve written notice of non-renewal on the other party in advance of the annual renewal date of the Agreement. Unless such notice is served by Owner to City at least ninety (90) days prior to the 8lmua1 renewal date, or served by City to Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. Upon receipt by Owner of a notice of non-renewal from City, Owner may malœ a written protest of the notice. City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice of non-renewal. If either City or Owner serves notice to the other of non-renewal in any year, the Agreement shall remain in effect for the balance of the teml then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 9. Notice. Any notice required to be given by the tenns of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by either party. To City: City ofChula Vista Attention: Director ofPla¡ming & Building 276 Fourth Avenue Chula Vista, CA 91910 To Owner(s): Olivia Femandez and Juan Carlos Femandez 186 Cypress Street Chula Vista, CA 91910 7-35 Page50f6. Mills Act Contract 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. Owner agrees to and shall hold City and its elected officials, officers, agents, and employees hannless ftom liability for damage or claims for damage for personal injuries, inc1uding death, and c1aims for property damage which may arise from the direct or indirect use of operations of Owner or those of his or her contractor, subcontractor, agent, employee or other person acting on his or her behalf which re1ate to the use, operation, and maintenance of the Historic Site. Owner hereby agrees to and shan defend the City and its ejected Officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reasons of Owner's activities in connection with the Historic Site. This h01d harmless provision applies to an dm11ages and c1aims for damages suffered, or alleged to have been suffered, by reason of the operations referred to in this Agreement regard1ess of whether or not the City prepared, suppJied, or approved the p1ans, specifications, or other documents for the Historic Site. c. All of the agreements, rights, covenants, reservations, and restrictions contained in tillS Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of tl1e Historical Site, whether by operation of law or in any manner whatsoever. d. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or· by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shallnot be effected thereby. e. This Agreement shall not take effect unless and w1til Owner's signature is notarized by a notary public. Furthermore, if an agent or representative of Owner signs this Agreement on behalf of Owner, the agent or representative must fUl11ish proof, to the satisfaction of City, that the agent or representative has authority to act on Owner's behalf. f. TIllS Agreement shall be construed and governed in accordance with the laws of the State of California. l1. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, City shall cause this Agreement to be recorded in tl1e office of the County Recorder of the County of San Diego. 12. Amendments. This Agreement may be amended only by a written and recorded instrument executed by the parties hereto I 7-36 I .~..._--~---- ---..---- ATTACHMENT "A" SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND REHABILITATION OF mSTORIC STRUCTURES 1. A property shall be used for its historic purpose or be placed in a new use that requires minima] change to the defining characteristics ofthe building and its site and environment. 2. The histOlic character of a property shall be retained and preserved. TIle removal of historic materials or alterations of features and spaces that characterize a property shall bc avoided. 3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. 4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. 5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. 6. Deteriorated historic features shall be repaired rather than replaced. Where the sevelity of deterioration requires replacement of a distinctive feature, the new feature shall match tbe old in design, color, texture, and other visual qualities and, where possible, materials. 7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. 8. Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation m'easures shall be undertaken. 9. New addÜions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. 10. New additions and adjacent or related new constmction shall be undertaken in such a manner tl1at ifremoved in the future, the essential fom1 and integrity of the historic property and its environment would be unimpaired. 7-37 ATTACHlVIENT "B" MILLS ACT AGREEMENT SUPPLEMENTAL (To be completed by the Owner) Please list, to the best of your knowledge, the improvements that have been made over the past 1 0 years to maintain or rehabilitate this property. YEAR IMPROVEMENT . h I q~ ~ \ (D. U/4.~ ~ cµcc¿ i1~S l-t- . . þ1-V-¡ o...^","~~ o.-.-,...J,': fl5'f'-Ct.....· . @ l2a.sfD]f..C.;· ~ &<-fk.~ . ~ _ ~ I.fX:Jt lQsfod;-.'---> 0 Msf 'd tOe=D {lco<:.S lA.- 'fuJ~, ~ deü4 )/ ~ f>~J rvu1-L.~<k..J -10 ~-k-k ~k' 'U..L v--~'. Ci.-c." Please list the improvements and restorations that you intend to make over the next 1 0 ~~ ~ years. List them in order of your priority based upon anticipated need for proper ~ .;k maintenance. --¿ PRIORITY . IMPROVEMENTIRESTORATIONS ~ ¡ ~~~~~~fk~~~ . . Z. ;lo.JD ~ÚV:::r ~ ~~ -to ~ ~~ '¡L.<--- tl{~~ ~~ 3. £ei~ cJ-º-- I.L ""'.S CÅ-...o . ~ ~ K Uh--~S~~~&õ-N.~ ~l'--''kJ~ õð ~~ ~ S ~ . . [,. · . Q~.. . ~~t .O~CE~TŒ1CTIO'· ~ ~'t~ g, ~C?J2.......'D~ 01- ~~ :s~ I certify that I am presently the legal owner of the subject property. Further, I acknowledge the supplemental information on this fonn will be used as an exhibit attached to the Mills Act Agreement. - Date: Si natur , ,k Qe¡:Q ;1;1 ~ (jJ{ ~J . Ie- LVL&-~ ~\'-ftv~~qd- 4~~~ ~ G~ ~ U(2~' Page 6 of6 Mil1s Act Contract SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR 186 Cypress Street, Chula Vista, CA 91910 CITY OF CHULA VISTA OWNER(S) OF RECORD Date: I Date: J (- I - :!){)() V Approved: / B Stephen C. Padilla, Mayor Date: Date: Attest: By: Susan Bigelow, City ClerIc (Notarized Signature) Date: Approved as to form: AIm Y. Moore, City Attorney 4J OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF NOTARY PAGE WITH SIGNATURE AND SEAL. PLEASE SEE NOTARIZED ATTACHMENT 7-39 .. .. .. '" . NOTARY ACKNOWLEDGEMENT Attention Notary - The information requested below is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. This certificate must be attached to the document described below. Title or Type of document a cJrItL[/,YYL{../]IL:C Number of pages f.t; QØte of document / ! - () 1- c200 + Signer(s) other than named below ~ Individual STATE OF a;fu~ZcÀ...-' } COUNTY OF ~/nJ ~<2 /~ S8. / ] / . On this /A.J:. day of h 0 V¿.-1'Vt.b..v.- in the year ¿ZOO;""/- , Before me L-fì &1-i1n {.-L.-- (7 tL1,:L¿u // ð--vVAJ ,a Notary Public, duly commissioned and qualified in \. I ,lii '~ ~ above said County and State, personally appeared lI,.. "/.U.....tcJ, µ ..y¡ t2At- ¿" . . iJil personally known to me or o proved to me on this basis of satisfactory evidence consisting of an identifying document or o the oath of to be the personJ.s) whose name(s) is~ubscribed to the within instrument and acknowledged to me that):lé7Shelti;téÇ executed the same inÞrnÎherltþéJi authorized capacit~ and that by þiš!herltþð!f signatureJ.s)ón the instrument the person;s(or the entity upon behalf of which the perso¥acted, executed the same. I ~.. NOAMMA CORDERO TORRES I - CO M. #1499025 n ¡¡¡. NOTARY PlJ8UCoCAUFORMA III (J . 'AN CI!GO CO!JNTY n '. My cotrim(Jjlõn l:Xpires ..... WITNESS my hand and official seal. J '1'1 T . JUL~ 51 ~ ( 1l(J.?-7ZcZ. ~U~ c:J.~ (Seal) AUTOGRAPH I =~;:;. F~:~~~U~r ~~~:~~, a: t~g~~~s f~~:S n~ rt:sre~:~a~~;~~; e2004IIIIIIWlloIILlcloITTIIIIISIFllollR MIIS\'III\NC. specific use or purpose. If you have any question, it is always best to consult a qualified attomey before using this or any legal document. 7 4 0 - 7 67775 63237 B CLASS 01 #63237 REV. 3-04 Recording Requested by and Please Return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 Ü" This Space for Recorder's Use Only 1J APN(s) 567-080-30-00 M~LSACTAGREEMENT For property located at 252 and 254 Fifth Avenue, Chula Vista, CA 91910 THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a municipal corporation ("City") and David Bensoussan ("Owner"). RECITALS // WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills Act, authorized cities to enter into contracts with the owners of qualified historical properties to provide for the use, maintenance, and restoration of such historical properties so as to retain their characteristics as properties of mstorical significance. WHEREAS, Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, Assessor Parcel No. 567-080-30-00, and generally located at the street address 252 and 254 Fifth Avenue, Chula Vista, California, 91910, (Historic Site #64). WHEREAS, the Chula Vista City Council declared and designated the above property as Historical Site Number 64, pursuant to Chula Vista Municipal Code Section 2.32.070. A-F. WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this Agreement both to protect and preserve the characteristics of historical significance of the Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the provisions of Article 1.9, (commencing with Section 439) of Chapter 3 of Part 2 of Division I of the California Revenue and Taxation Code (and as amended from time to time). NOW TIIEREFORE, in consideration of the mutual benefits and covenants, City and Owner agree as follows: 1. Compliance with Council Policy. Owner shall comply with Council Policy Number 454- 01 incorporated herein by this reference. 7-41 Page 2 of6 Mills Act Contract 2. Standards for Historical Site. During the term of this Agreement, the Historic Site shan be subject to the fonowing conditions, requirements, and restrictions: a. Owner should preserve and maintain the regulated characteristics of historical significance of the Historic Site, and, where necessary and feasible, restore and rehabilitate the property, in accordance with the rules and regulations published by the Secretary of the Interior and as amended ftom time to time (Attachment A). Work should be done in accordance with the attached schedule of potential home improvements, drafted by the Owner (Attachment B). b. Owner should maintain an buildings, structures, yards and other improvements in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited: 1. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows; 11. Scrap lumber, junk, trash or debris. iii. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, reftigerators, cans, containers, or similar items; IV. Stagnant water or excavations, including pools or spas; v. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition, or its inappropriate location. ~ Owner shall allow reasonable periodic examination of the Historic Site, by prior appointment, if a request is made by representatives of the City of Chula Vista Planning Department, County Assessor, State Department of Parks and Recreation or the State Board of Equalization. d. The owner shall allow visibility of the exterior of the structure ftom the public right-of-way. ~ Should owner apply to the City for a permit for demolition, substantial exterior alteration or removal of the Historic Site, Owner shall attend and participate in a scheduled hearing regarding such application before the board or commission designated by the City Council to oversee the City's historic resources prior to the issuance of such permit, so long as such hearing is completed no longer than three (3) weeks after owner submits such application to the City. f. Notwithstanding the foregoing subparagraph 2.e, should Owner apply to the City for a permit for the demolition, substantial exterior alteration or removal of the Historic Site, Owner shall comply with all City and State of California environmental regulations, policies and requirements prior to City issuance of the requested permit. 3. Information of Compliance. Owner hereby agrees to furnish City with any and all information requested by the City which the City deems necessary or advisable to determine compliance with the terms and provisions of this Agreement. 4. Cancellation. City, followrng a duly noticed public hearing as set forth in California Govemment Code Sections 50280, et seq., may cancel this Agreement if it determines that Owner has breached any of the conditions of this Agreement or has anowed the property to deteriorate to the point that it no longer meets the City's or State's standards 7-42 Page 3 of6 Mills Act Contract for a qualified historic property. In addition, City may cancel this Agreement if it determines that the Owner has failed to restore or rehabilitate the property in the manner specified in subparagraph 2(a) of this Agreement, or has demolished, substantially altered or removed the historic site. In the event of cancellation, Owner maybe subject to payment of those cancellation fees set forth in California Government Code Section 50280, et seq. 5. Enforcement of Agreement. In lieu of and/or in addition to any provisions related to cancellation of the Agreement as referenced,herein, City may specifically enforce or enjoin the breach of the terms of this Agreement. In the event of a default under the provisions of this Agreement by Owner, City will give written notice to Owner by registered or certified mail addressed to the address stated in this Agreement, and if such a vio1àtion is not corrected to the reasonable satisfaction of the City within thirty (30) days (provided that acts to cure the breach or default must be commenced within thirty (30) days and must thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of terms of this Agreement, apply to any court, state or federal for injunctive relief against any violation by Owner or apply for such other relief as may be appropriate. City does not waive any claim of default by Owner if City does not enforce or cancel this Agreement. All other remedies ofIaw or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic sites are available to the City to pursue in the event there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 6. Binding Effects of Agreement. The Owner hereby subjects the Historic Site to the covenants, reservations and restrictions as set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Site. Each and every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Site, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Agreement regardless of whether such covenants, reservations, and restriction are set forth in such contract, deed, or other instrument. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein, touch and concern the land, in that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions, touch and concern the land by enhancing and maintaining the historical characteristics and significance of the Historic Site for the benefit of City, the public, and Owner. 7. Effective Date and Term of Agreement. This Agreement shall be effective and commence on November 23,2004 (but no earlier than approval of the agreement by the 7-43 .._.,--~_._-~,..-.-.-~--'--- Page 4 of6 Mills Act Contract City Council), and shall remain in effect for a term often (10) years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 8 below. 8. Renewal. Each year on the anniversary of the effective date of this Agreement (the "renewal date"), a year shall automatically be added to the initial term of this Agreement unless notice of non-renewal is mailed as provided herein. If either Owner or City desires in any year not to renew this Agreement, Owner or City shall serve written notice of non-renewal on the other party in advance of the annual renewal date of the Agreement. Unless such notice is served by Owner to City at least ninety (90) days prior to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. Upon receipt by Owner of a notice of non-renewal ftom City, Owner may make a written protest of the notice. City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice of non-renewal. If either City or Owner serves notice to the other of non-renewal in any year, the Agreement shall remain in effect for"the balance of the term then remaining, either ftom its original execution or ftom the last renewal of the Agreement, whichever may apply. 9. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by either party. To City: City of Chula Vista Attention: Director of Planning & Building 276 Fourth Avenue Chula Vista, CA 91910 To Owner(s): David Bensoussan 616 Second Avenue ChuIa Vista, CA 91910 7-44 Page 5 of6 Mills Act Contract 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to· create a partnership between the parties and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. Owner agrees to and shall hold City and its elected officials, officers, agents, aD.d employees harmless ftom liabi1ityfor damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use of operations of Owner or those of his or her contractor, subcontractor, agent, employee or other person acting on his or her behalf which relate to the use, operation, and maintenance of the Historic Site. Owner hereby agrees to and shall defend the City and its elected Officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reasons of Owner's activities in connection with the . Historic Site. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications, or other documents for the Historic Site. c. All ofthe agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historical Site, whether by operation of law or in any manner whatsoever. d. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. e. This Agreement shall not take effect unless and until Owner's signature is notarized by a notary public. Furthermore, if an agent or representative of Owner signs this Agreement on behalf of Owner, the agent or representative must furnish proof, to the satisfaction of City, that the agent or representative has authority to act on Owner's behalf. f. This Agreement shall be construed and governed in accordance with the laws of the State of California. "II. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of San Diego. 12. Amendments. This Agreement may be amended only by a written and recorded instrument executed by the parties hereto 7-45 -- -----_._._..~, . ---~----- Page 6 of6 Mills Act Contract SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR 252 and 254 Fifth Avenue, ChuIa Vista, CA 91910 CITY OF CHULA VISTA OWNER(S) OF RECORD Date: Date: \.) /f<; /04 , -,. Approved: QJ ~~~ By: Stephen C. Padilla, Mayor (Notarized Signature) Date: Date: Attest: By: Susan Bigelow, City Clerk (Notarized Signature) Date: Approved as to form: Ann Y. Moore, City Attorney OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF NOTARY PAGE WITH SIGNATURE AND SEAL. 7-46 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - , ,I State of California } ss. County of Ò r <71'7 ~ 1 On IS (I., o.c1Ï>W2Oð.7'"before me, AN\l R. SANADE ,/t/ 0 1:" ~,q t~; : , " Date Name and Title of Officer (e.g., 'Jane Doe, Notary Public") personally appeared Qçv,"d ß"'I?'Çù¿.¡'S:S 0, ý) " - Name(s) ofSigner(s) " I o personally known to me " l&l proved to me on the basis of satisfactory " , " I evidence " " to be the person(t) whose name(t) is/aRE! " [, subscribed to the within instrument and " " " acknowiedged to me that he!~~glt~9ò' executed , [, I @ All" R. SANADE t the same in histR-sl,'llloir authorized " " capacity()e-S"), and that by hislfrt:õl/U,O;'¡ , " (I) COMM...1486774 0 signatur~) on the instrument the person(JIj, or " I. b NOTARY PUBLICoCAlIFORNIA -i the entity upon behaif of which the person~ " , II) . ORANGE COUNiY úJ I I- " My Te.. Exp. AprU :¡o, 2008 I acted, executed the instrument. " -, " ,- , (, Place Notary Seal Above Signature of Notary u " ,- " , OPTIONAL ,( " ,( " Though the information below is not required by law, it may prove valuable to persons relying on the document 'I and could prevent fraudulent removal and reattachment of this form to another document. -, I- " Description of Attached DOCUmen}/ /Vc/Æ7Ú He.......~:r " " Title or Type of Document: j/V , S " ¿ , " Document Date: Number of Pages: " " 1 Signer(s) Other Than Named Above: " '1 , Capacity(ies) Claimed by Signer , " Signer's Name: RIGHT THUMBPRINT " o individual OF SIGNER Top of thumb here , ,. o Corporate Officer - Title(s): " " o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: , Signer Is Representing: " , [, " '" . ~ . ~ - - ,., - ~ '. -~ ~- ~~ C '989 Naticl'lBl Notary Associatlcn' 9~50 De Sole Aw., P.O. 6cx 2402 . Chatswcr1h. CA 91313-2402' www.nalíonalnctary.crg Prod. Nc. S907 Recrdar. Call Tcl "Frn 1-eOO·e76-6827 7-47 ------_.-- ------..-.-.--... ---- .-..- ATTACHlVIENT"A" SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND REHABILITATION OF HISTORIC STRUCTURES 1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. 2. The historic character of a property shall be retained and preserved. The removal of historic materials or alterations of features and spaces that characterize a property shall be avoided. 3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements ftom other buildings, shall not be undertaken. 4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. 5. Distinctive features, fInishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. 6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. 7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. S. Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. 9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated ftom the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity oftheproperty and its environment. 10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. 7-48 ATTACHMENT "B" MILLS ACT AGREEMENT SUPPLEMENTAL (To be completed by the Owner) Please list, to the best of your knowledge, the improvements that have been made over the past 1 0 years to maintain or rehabilitate this property. YEAR IMPROVEMENT '1..000 ¡te£A.? {'otÁ.ndt:t 7'1'" 11 ' Z. IJ 0'2-. C ø..(lPI'C'f.) rle...u ctre.¿;rr- bre4€/l5 I e(e.J',. "':<If I w04.k. 1..~ ,n.. f'a.,'".:l,:''::! . 7.-00'-( TeN";"'''~ re.¡04//1:.. etl1J ..çUW l~ct 't,0';, "Z-ooLt -fe.^c.'LI'\~ .. '"2. 001.( t.tPSl'ctÄS .ç(r>oR.S, .b&A.Th~""", I k,ìc.Aefl/ Please list the improvements and restorations that you intend to make over the next 10 years. List them in order of your priority based upon anticipated need for proper maintenance. PRIORITY IMPROVEMENTIRESTORATIONS I. Re- r-~fYf /"or.,¡se... . ... 2. . R € P /0.. '- e. Át!.A-'Vi/lr3 /,vl IÌ'.. . 6.. ~. P-.eflt(.c.e Á,A.rJ.W~~~ w('¡-~ f?Q;-to~!tef?IICOl) . ~ Re. -fa.. '-",,1 h\'S~tJR..Ic..-a..II) Ð..fJptop'rIt1.te.. coloR..S ~)(TE..vl/)12 i J(e. - b ú'! J WI' tJ.f" eo, y"()f,(n~ pORC J... I a.J.d./;;'~ II1IS~ I"'~ see. '1-/ on 3, '". R.e - la.J"..d 5 ~fe... 8111/~e --GOI'\'1 ~"'rd/ ~f~"¡gÃ~/~t:;:z.. =t. 1?€sìofl..€ CAIfY\V\'"€.-'..1'JS a.~ {I-Roe ¡l)J'u...~r.. ~ ~j:~~. OWNER CERTIFICATION~ I certifY that I am presently the legal owner of the subject property. Further, I acknowledge the supplemental information on this form will be used as an exhibit attached to the Mills Act Agreement. Date: \Ùl\ç leI/I- Si!!nature: ~l I 7-49 - -- - -~.....'.---"---- _.~_._._-_.,,-,- RlXording Requested by and Pleœe Return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 D" This Space for Recorder's Use Only D" APN(s) 568-074-10-00 MILLS ACT AGREEMENT For property located at 238 Second Avenue, Chula Vista, CA 91910 TIllS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a municipal corporation ("City") and Stephen R. Van Wormer and Susan D. Walter ("Owners"). RECITALS WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills Act, authorized cities to enter into contracts with the owners of qualified historical properties to provide for the use, maintenance, and restoration of such historical properties so as to retain their characteristics as properties of historical significance. wf.æREAS, Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, Assessor Parcel No. 567-080-30-00, and generally located at the street address 238 Second Avenue, Chu1a Vista, California, 9191 0, (Historic Site #66). WHEREAS, the Chula Vista City Council declared and designated the above property as Historical Site Number 66, pursuant to Chula Vista Municipal Code Section 2.32.070. A-F. WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this Agreement both to protect and preserve the characteristics of historical significance of the Historical Site and to qualifY the Historical Site for an assessment of valuation pursuant to the provisions of Article 1.9, (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code (and as amended fÌ"Om time to time). NOW THEREFORE, in consideration of the mutual bene:(íts and covenants, City and Owner agree as follows: 1. Compliance with Council Policy. Owner shall comply with Council Policy Number 454- 01 incorporated herein by this reference. 7-50 - . - -"--_. .-.- .------"---..------ Page 2 of6 Mills Act Contract 2. Standards for Historical Site. During the term of this Agreement, the Historic Site shall be subject to the following conditions, requirements, and restrictions: a. Owner should preserve and maintain the regulated characteristics of historical significance of the Historic Site, and, where necessary and feasible, restore and rehabilitate the property, in accordance with the rules and regulations published by the Secretary of the Interior and as amended ftom time to time (Attachment A). Work should be done in accordance with the attached schedule of potential home improvements, drafted by the Owner (Attachment B). b. Owner should maintain all buildings, structures, yards and other improvements in a manner which does not detract ftom the appearance of the immediate neighborhood. The following conditions are prohibited: 1. Dil<lpidsted, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows; 11. Scrap lumber, junk, trash or debris. iii. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, reftigerators, cans, containers, or similar items; IV. Stagnant water or excavations, including pools or spas; v. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition, or its inappropriate location. £., Owner shall allow reasonable periodic examination of the Historic Site, by prior appointment, if a request is made by representatives of the City of Chula Vista Planning Department, County Assessor, State Department of Parks and Recreation or the State Board of Equalization. d. The owner shall allow visibility of the exterior of the structure ftom the public right-of-way. e. Should owner apply to the City for a permit for demolition, substantial exterior alteration or removal of the Historic Site, Owner shall attend and participate in a scheduled hearing regarding such application before the board or commission designated by the City Council to oversee the City's historic resources prior to the issuance of such permit, so long as such hearing is completed no longer than three (3) weeks after owner submits such application to the City. [. Notwithstanding the foregoing subparagraph 2.e, should Owner apply to the City for a permit for the demolition, substantial exterior alteration or removal of the Historic Site, Owner shall comply with all City and State of California environmental regulations, policies and requirements prior to City issuance of the requested permit. 3. Information of ComDliance. Owner hereby agrees to furnish City with any and all information requested by the City which the City deems necessary or advisable to determine compliance with the terms and provisions of this Agreement. 4. Cancellation. City, following a duly noticed public hearing as set forth in California Government Code Sections 50280, et seq., may cancel this Agreement if it determines that Owner has breached any of the conditions of this Agreement or has allowed the property to deteriorate to the point that it no longer meets the City's or State's standards 7-51 Page 3 of6 Mills Act Contract for a qualified historic property. In addition, City may cancel this Agreement if it determines that the Owner has failed to restore or rehabilitate the property in the manner specified in subparagraph 2(a) of this Agreement, or has demolished, substantially altered or removed the historic site. In the event of cancellation, Owner maybe subject to payment of those cancellation fees set forth in California Government Code Section 50280, et seq. 5. Enforcement of Agreement. In lieu of and/or in addition to any provisions related to cancellation of the Agreement as referenced herein, City may specifically enforce or enjoin the breach ofthe terms of this Agreement. In the event of a default under the provisions of this Agreement by Owner, City will give written notice to Owner by registered or certified mail addressed to the address stated in this Agreement, and if such a violation is not corrected to the reasonable satisfaction of the City within thirty (30) days (provided that acts to cure the breach or default must be commenced within thirty (30) days and must thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of terms of this Agreement, apply to any court, state or federal for injunctive relief against any violation by Owner or apply for such other relief as may be appropriate. City does not waive any claim of default by Owner if City does not enforce or cancel this Agreement. All other remedies of law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic sites are available to the City to pursue in the event there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 6. Binding Effects of Agreement. The Owner hereby subj ects the Historic Site to the covenants, reservations and restrictions as set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Site. Each and every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Site, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subj ect to the covenants, reservations, and restrictions expressed in this Agreement regardless of whether such covenants, reservations, and restriction are set forth in such contract, deed, or other instrument. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein, touch and concern the land, in that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions, touch and concern the land by enhancing and maintaining the historical characteristics and significance of the Historic Site for the benefit of City, the public, and Owner. 7. Effective Date and Term of Agreement. This Agreement shall be effective and commence on November 23,2004 (but no earlier than approval of the agreement by the 7-52 - ----------.."----,.".-- _.___n_ Page 4 of6 Mills Act Contract City Council), and shall remain in effect for a term often (IO) years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 8 below. 8. Renewal. Each year on the anniversary of the effective date of this Agreement (the "renewal date"), a year shall automatically be added to the initial term of this Agreement unless notice of non-renewal is mailed as provided herein. If either Owner or City desires in any year not to renew this Agreement, Owner or City shall serve written notice of non-renewal on the other party in advance of the annual renewal date of the Agreement. Unless such notice is served by Owner to City at least ninety (90) days prior to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the annual renewal date, one (I) year shall automatically be added to the term of the Agreement as provided herein. Upon receipt by Owner of a notice of non-renewal ftom City, Owner may make a written protest of the notice. City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice of non-renewal. If either City or Owner serves notice to the other of non-renewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either ftom its original execution or ftom the last renewal of the Agreement, whichever may apply. 9. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by either party. To City: City of Chula Vista Attention: Director of Planning & Building 276 Fourth Avenue Chula Vista, CA 91910. To Owner(s): Stephen R. Van Wormer and Susan D. Walter 238 Second Avenue Chula Vista, CA 91910 7-53 Page5 of 6 Mills Act Contract 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. Owner agrees to and shall hold City and its elected officials, officers, agents, and employees harmless ftom liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise ftom the direct or indirect use of operations of Owner or those of his or her contractor, subcontractor, agent, employee or other person acting on his or her behalf which relate to the use, operation, and maintenance of the Historic Site. Owner hereby agrees to and shall defend the City and its elected Officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reasons of Owner's activities in connection with the Historic Site. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications, or other documents for the Historic Site. c. All of the agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acqniring any part or portion of the Historical Site, whether by operation of law or in any manner whatsoever. d. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. e. This Agreement shall not take effect unless and until Owner's signature is notarized by a notary public. Furthermore, if an agent or representative of Owner signs this Agreement on behalf of Owner, the agent or representative must furnish proof, to the satisfaction of City, that the agent or representative has authority to act on Owner's beha1£ f. This Agreement shall be construed and governed in accordance with the laws of the State of California. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of San Diego. 12. Amendments. This Agreement may be amended only by a written and recorded instrument executed by the parties hereto 7-54 "'"'~""-'--------"'--'--'-- Page 6 of6 Mills Act Contract SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR . 238 Second Avenue, Chula Vista, CA 91910 CITY OF CHULA VISTA OWNER(S) OF RECORD Date: Date:1\.N". II ~O ~ Approved: B~Á).W~ Stephen C. Padilla, Mayor (Notarized Signature) Date: Date:Jk} ~ J. çp¡ Attest: By: Susan Bigelow, City Clerk Date: r- ..-.. I @ J. D.HILL Approved as to form: .,. . COMM. #1456671 ~.; . NOTARY PUBUC-CAUFORNIA J; U SAN DIEGO COUNlY (' i My Commission Expires .... Ann Y. Moore, City Attorney ." DEÇEMBER 16. 2007 ,uó-h117~ J tJ /<. OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF NOTARY PAGE WITH SIGNATURE AND SEAL. 7-55 ALL PURPOSE ACKNOWLEDGMENT State of California V (rvr } ss. r County of ~ Ie . On TwoV 2.dO"l befo~ me-s.7é..vv;l;. Æ. - /) """, #<~',a Notary Public, personally appeared, )fedf/e,.J 1<. ,J ¡)""øy,.,. ,I... f'¡"~Jf'~ ,. ~pe¡'sonally 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 within 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 the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Seal Signature (/VUP J ø J.'~"- I / .. -" COMM. #1456671 n CJ. . NOTARY PUBUC-CAUFORNIA (IS en SAN DIEGO COUN1Y n CJ My Commission Expires I I DEÇEMBER 16, 2007 . , ... COMPLETING THE FOLLOWING INFORMATION IS NOT LEGALLY MANDATED ... The information set forth below is an effort to protect members of the public, the Notal)' Public, or other officer from unauthorized use of tlùs form. Please note: tile capacity(ies) of tile signers are NOT certified by the Notal)' Public or other officer and have not and will not be verified in any way by the Notal)' Public or other officer. ATIENTlON: THE IDENTIFIABLE ATIRIBUTES OF THE ATTACHED DOCUMENT ARE As LISTED BELOW Type or Title of Document: Date of Document: Number of pages (including attached erhibits) Name(s) of Creditable Witness(es), ifany: , The Signer(s) claimed the following capacity(ies) Signatory's Name: Signatory's Name: o Individual o Individual o Corporate Officer: (Position) o Corporate Officer: (Position) o Partner: (Limited) (General) o Partner: (Limited) (General) o L.L.C.: (position) o L.L.C.: (position) o Trustee o Trustee o Attorney in Fact o Attorney in Fact o Conservator o Conservator o Guardian o Guardian OOtl,er: o Other: THUMBPRINT: Identify below only if the print ;s OTHER THAN THUMBPRINT: Identifý below only if the print is OTHER THAN RiGHT thumbprint of the signer: RIGHT thumbprint afthe signer: @2000AMERIcANNOTARYlNS'l1TTJ'Œ.711 South Brca. Boulcvard. Brea. CA 92 21. (714)671~2889 · ATTACHMENT "A" SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND REHABILITATION OF mSTORIC STRUCTURES 1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. 2. The historic character of a property shall be retained and preserved. The removal of historic materials or alterations of features and spaces that characterize a property shall be avoided. 3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectilral featilres or architectilral elements ftom other buildings, shall not be undertaken. 4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. 5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. 6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires rep1ac¡;ment of a distinctive featilre, the new featilre shall match the old in design, color, texture, and other visual qualities and, where possible, materials. 7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. 8. Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be distilrbed, mitigation measures shall be undertaken. 9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated ftom the old and shall be compatible with the massing, size, scale, and architectilral featilres to protect the historic integrity of the property and.ïts environment. 10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the futilre, the essential form and integrity of the historic property and its environment would be unimpaired. 7-57 ATTACHMENT "B" . MILLS ACT AGREEMENT SUPPLEMENTAL (To be completed by the Owner) Please list, to the best of your lmow1edge, the improvements that have been made over the past 10 years to maintain or rehabilitate this property. YEAR IMPROVEMENT ?~ vY\... a.À,^, +€.VI. e.N\.C.:€ ~t~ ~~ ~r~-' ,e~l~ ~~ _ \:Id-ßec:\ r-e£1~%-avvì -ter~ O\~ Please list the improvements and rest ations that you intend to make over the next 10 years. List them in order of your priority based upon anticipated need for proper maintenance. PRIORITY IMPROVEMENTIRESTORATIONS ( ~t~ ~-ha-o t€a.lL..~ 11'\ ~eve("'Ovlpla..L€S ;2.f'e.tPo..¡vct- ~ 3 \Y\:>-t-o.J.( ~~ t.-{ ~~~~ +erÄ7Q., cl~ ~~ ChìYY\n~\cS c..f'Q.t!Lec\; ~ ~ e-\:e.-<:..-I.-ri c. \wc,.-..\L "p \ l)..¡yyVc r~ r <Lop <À ¡ r 5 +\0 () r ~ pa.ì v ('€...{d I<^.L€ yY\ e V\..,.+ (g c.ej \kÝ\~ - \rì \) Ie r e pC\.í r¡ 'Po pC-eN""" r. r e ,yU:> \I '-'-I OWNER CERTIF1CATIO : I certifY that I am presently the legal owner of the subject property. Further, I aclmow1edge the supplemental information on this form will be used as an exlu'bit attached to the Mills Act Agreement. q . ;;. 1.{ ;).DO \ Date: 7-58 ..- --------------- .------- ._--~.._-- -~- Recording Requested by and Please Return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 Û This Space for Recorder's Use Only Û APN(s) 566-060-12-00 MILLS ACT AGREEMENT For property located at 20 Second Avenue, Chula Vista, CA 91910 THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a municipal corporation ("City") and Philip Lopez ("Owner"). RECITALS WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills Act, authorized cities to enter into contracts with the owners of qualified historical properties to provide for the use, maintenance, and restoration of such historical properties so as to retain their characteristics as properties of historical significance. WHEREAS, Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, Assessor Parcel No. 566-060-12-00, and generally located at the street address 20 Second Avenue, Chula Vista, California, 91910, (Historic Site #63). WHEREAS, the Chula Vista City Council declared and designated the above property as Historical Site Number 63, pursuant to Chula Vista Municipal Code Section 2.32.070. A-F. WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this Agreement both to protect and preserve the characteristics of historical significance of the Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the provisions of Article 1.9, (co=encing with Section 439) ofChapter3 of Part 2 of Division 1 of the California Revenue and Taxation Code (and as amended from time to time). NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner agree as follows: 1. Compliance with Council Policv. Owner shall comply with Council Policy Number 454- 01 incorporated herein by this reference. " 7-59 ." -..-...- --- --- ------_.~---_._--- Page 2 of6 Mills Act Contract 2. Standards for Historical Site. During the tenn of this Agreement, the Historic Site shall be subject to the following conditions, requirements, and restrictions: a. Owner should preserve and maintain the regulated characteristics of historical significance of the Historic Site, and, where necessary and feasible, restore and rehabilitate the property, in accordance with the rules and regulations published by the Secretary of the Interior and as amended fi:om time to time (Attachment A). Work should be done in accordance with the attached schedule of potential home improvements, drafted by the Owner (Attachment B). b. Owner should maintain all buildings, structures, yards and other improvements in a manner which does not detract fi:om the appearance of the immediate neighborhood. The following conditions are prohibited: 1. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows; 11. Scrap lumber, junk, trash or debris. üi. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items; IV. Stagnant water or excavations, including pools or'spas; v. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition, or its inappropriate location. c. Owner shall allow reasonable periodic exaruination of the Historic Site, by prior appointment, if a request is made by representatives of the City of Chula Vista Planning Department, County Assessor, State Department of Parks and Recreation or the State Board of Equalization. d. The owner shall allow visibility of the exterior of the structure from the public right-of-way. e. Should owner apply to the City for a permit for demolition, substantial exterior alteration or removal of the Historic Site, Owner shall attend and participate in a scheduled hearing regarding such application before the board or commission designated by the City Council to oversee the City's historic resources prior to the issuance of such permit, so long as such hearing is completed no longer than three (3) weeks after owner submits such application to the City. f Notwithstanding the foregoing subparagraph 2.e, should Owner apply to the City for a pennit for the demolition, substantial exterior alteration or r=oval of the Historic Site, Owner shall comply with all City and State of California environmental regulations, policies and requirements prior to City issuance of the requested permit. 3. Infonnation of Compliance. Owner hereby agrees to furnish City with any and all infonnation requested by the City which the City deems necessary or advisable to determine compliance with the tenns and provisions of this Agreement. 4. Cancellation. City, following a duly noticed public hearing as set forth in California Government Code Sections 50280, et seq., may cancel this Agreement if it determines that Owner has breached any of the conditions of this Agreement or has allowed the property to deteriorate to the point that it no longer meets the City's or State's standards 7-60 Page 3 of6 Mills Act Contract for a qualified historic property. In addition, City may cancel this Agreement if it determines that the Owner has failed to restore or rehabilitate the property in the manner specified in subparagraph 2(a) of this Agreement, or has demolished, substantially altered or removed the historic site. In the event of cancellation, Owner maybe subj ect to payment of those cancellation fees set forth in California Government Code Section 50280, et seq. 5. Enforcement of Agreement. In lieu of and/or in addition to any provisions related to cancellation of the Agreement as referenced herein, City may specifically enforce or enjoin the breach of the terms of this Agreement. In the event of a default under the provisions of this Agreement by Owner, City will give written notice to Owner by registered or certified mail addressed to the address stated in this Agreement, and if such a violation is not corrected to the reasonable satisfaction of the City within thirty (30) days (provided that acts to cure the breach or default must be commenced within thirty (30) days and,must thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of terms of this Agreement, apply to any court, state or federal for injunctive relief against any violation by Owner or apply for such other relief as may be appropriate. City does not waive any claim of default by Owner if City does not enforce or cancel this Agreement. All other remedies of law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic sites are available to the City to pursue in the event there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 6. Binding Effects of Agreement. The Owner hereby subjects the Historic Site to the covenants, reservations and restrictions' as set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Site. Each and every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Site, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Agreement regardless of whether such covenants, reservations, and restriction are set forth in such contract, deed, or other instrument. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein, touch and concem the land, in that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions, touch and concern the land by enhancing and maintaining the historical characteristics and significance of the Historic Site for the benefit of City, the public, and Owner. 7. Effective Date and Term of Agreement. This Agreement shall be effective and commence on November 23,2004 (but no earlier than approval of the agreement by the 7-61 - ~_._.~ ~- --~~._--_.._._. Page 4 of6 Mills Act Contract City Council), and shall remain in effect for a term often (10) years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 8 below. 8. Renewal. Each year on the anniversary of the effective date of this Agreement (the "renewal date"), a year shall automatically be added to the initial term of this Agreement unless notice of non-renewal is mailed as provided herein. If either Owner or City desires in any year not to renew this Agreement, Owner or City shall serve written notice of non-renewal on the other party in advance of the annual renewal date of the Agreement. Unless such notice is served by Owner to City at least ninety (90) days prior to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. Upon receipt by Owner of a notice of non-renewal ftom City, Owner may make a written protest of the notice. City may, at any time prior to the annual renewal datI:: of the Agreement, withdraw its notice of non-renewal. If either City or Owner serves notice to the other of non-renewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either ftom its original execution or ftom the last renewal of the Agreement, whichever may apply. 9. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by either party. To City: City of Chula Vista Attention: Director of Planning & Building 276 Fourth Avenue Chula Vista, CA 91910 To Owner(s): Philip Lopez 20 Second Avenue Chula Vista, CA 91910 7-62 Page 5 of6 Mills Act Contract 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. Owner agrees to and shall hold City and its elected officials, officers, agents, and employees harmless ftom liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise ftom the direct or indirect use of operations of Owner or those of his or her contractor, subcontractor, agent, employee or other person acting on his or her behalf which relate to the use, operation, and maintenance of the Historic Site. Owner hereby agrees to and shall defend the City and its elected Officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reasons of Owner's activities in connection with the Historic Site. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications, or other documents for the Historic Site. c. All of the agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historical Site, whether by operation of law or in any manner whatsoever. d. In the event that any ofthe provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. e. This Agreement shall not take effect unless and until Owner's signature is notarized by a notary public. Furthermore, if an agent or representative of Owner signs this Agreement on behalf of Owner, the agent or representative must furnish proof, to the satisfaction of City, that the agent or representative has authority to act on Owner's behalf. f. This Agreement shall be construed and governed in accordance with the laws of the State of California. lL Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of San Diego. 12. Amendments. This Agreement may be amended only by a written and recorded instrument executed by the parties hereto 7-63 ---...--.-. _ __ __ ._U.'.",'·'·'__'___ Page 6 of6 Mills Act Contract SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR 20 Second Avenue, Chula Vista, CA 91910 · CITY OF CHULA VISTA OWNER(S) OF RECORD Date: Date: Approved: l By: Stephen C. Padilla, Mayor . zed Signature) · Date: Date: Attest: By: Susan Bigelow, City Clerk (Notarized Signature) Date: PLEASE SEE AlTACHED Approved as to form: CAUFORNIA ACKNOWLEDGMENT · Ann Y. Moore, City Attorney OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF NOTARY PAGE WITH SIGNATURE AND SEAL. 7-64 ALL-PURPOSE ACKNOWLEDGEMENT - Sture of CaJifornia } S D" M . County of an ~ego On t\C::XOOS~ 'Æ.-b , t.~ before me, W Pires personally appear~:'~~\\..\~ \11.ߣR.' \..o"¡;1=- "m,,'" , Sltj:"ER¡SI o personally known to me - OR - IE} proved to me on the basis of satisfactory evidence [0 be the person(1) whose name(0' &care subscribed to the within instrument and acknowledged to me Ihal@shc/they executed u_u uU_ ..--) the same in ~her¡their authorized ~ OFFICIAL SEAL " . " f ...... W PIRES '" capacily().ê-S), and that by @Dher/thcIr ;;;, NOTARY PUBUC.CAUFORNIA~ siO"nature~ on the instrument the pcrson(.¡;.} i!!! 'COMM. NO. 1391676 -" , l . SANDIEGOCOUNTY~ j or the entity upon behalf of which the MY COMM. EXP. DEC 24, 'v~ _ n___ - person(s.} acted, executed the instrument. WITNESS my hand and {)fficial seal. , ~'~e-..~ :-.oT.\RY·S SIG:'\I·\rL"RE OPTIOl'iAL INFORMAnON The information below is not required by law. Howe-ver. it could prevent fraudulent aUJchment of this acknowl- edgement to an ummtft9riz-ed document. '\.: CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT o INDIVIDUAL o CORPORATE OFFICER TtTLE OR TYPE OF DOCUIENT rrru;,s, o PARTNERtS) o ATTORNEY-IN-FACT \, NUMBER OF PAGES o TRU~EE(S) o GUARDIAN/CONSERVATOR DATE OF DOCUME:'iT o OTHER:' OTHER . . SIGNER IS REPRESENTING: RIGHT THUMBPRINT ~ :-.'A!}ŒOF PERSOf'llSI OR E."ITrTYiIES¡ OF ~ , SIGNER ~ ~ ~ ) AP.~ 5,'1'1 VALLEY.S1ERR..q «5-§,:!·J369 r ATTACHMENT "A" · SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND REHABILITATION OF mSTORIC STRUCTURES 1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. 2. The historic character of a property shall be retained and preserved. The removal of historic materials or alterations of features and spaces that characterize a property shall be · avoided. 3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements ftom other buildings, shall not be undertaken. 4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. 5. Distinctive features, finishes, and construction techniques or examples of craftsmanship · that characterize a property shall be preserved. 6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. 7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. 8. Significant archaeological resources affected by a project shall be protected and preserved. · If such resources must be disturbed, mitigation measures shall be undertaken. 9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated ftom the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. 10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity ofthe historic property and its environment would be unimpaired. 7-66 A TT ACHMENT "B" MITLLS ACT AGREEMENT SUPPLEMENTAL (To be completed by the Owner) Please list, to the best of your knowledge, the improvements that have been made over the past 10 years to maintain or rehabilitate this property. YEAR IMPROVEMENT ;¿ O(J 4- ¡Le-~ ~ o.dJdTfY'- ;Löð+ ;.J4:/M ltuftU..:{ ~ dlJ1 j ~~'- J-ò ó3- ~ If~¡;...f' fdtJ d<d ~ Æ(O/L, Please list the improvements and .restorations that you intend to make over the next 10 years. List them in order of your priority based upon anticipated need for proper maintenance. PRIORITY IMPROVEMENTIRESTORATlONS I ,~!~/~A/~~ ~ kAiJ-¡ ~ ~... -tþc1 dfillJ (Cl,,", ...Jw.:J /1ðf, ) ~l'llfa"J ~ ~ (/:£tfl) ~ 3, Ct{¡i.. s~) M -M( fr1:¡.ir\ ~ i. ·Mfc;h ~ 5, ~ f. ~ ~ïJi.;- ~ c,46f-f, ¿" ~ ~ .-..J í~' OWNER CERTIFICATION: I certifY that I am presently the legal owner of the subject property. Further, I acknowledge the supplemental information on this form will be used as an exhibit attached to the Mills Act Agreement. ( 7-67 .-....-. Recording Requested by and Please Return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 Ü" This Space for Recorder's Use Only Ü" APN(s) 574-010-78-00 MILLS ACT AGREEMENT For property located at 62 Cook Court, Chula Vista, CA 91910 THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a municipal corporation ("City'') and Victor Manuel Garcia and Marta Garcia ("Owners"). RECITALS WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills Act, authorized cities to enter into contracts with the owners of qualified historical properties to provide for the use, maintenance, and restoration of such historical properties so as to retain their characteristics as properties of historical significance. WHEREAS, Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, Assessor Parcel No. 574-010-78-00, and generally located at the street address 62 Cook Court, Chula Vista, California, 91910, (the "Historic Site''). WHEREAS, after a public hearing, the Chula Vista City Council declared and designated the above property as Historical Site Number 20, pursuant to Chula Vista Municipal Code Section 2.32.070. A-F. WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this Agreement both to protect and preserve the characteristics of historical significance of the Historical Site and to qualifY the Historical Site for an assessment of valuation pursuant to the provisions of Article 1.9, (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code (and as amended from time to time). NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner agree as follows: I.Compliance with Council Policy. Owner shall comply with Council Policy Number 454- 01 incorporated herein by this reference. 7-68 Page 2 of6 Mills Act Contract 2. Standards for Historical Site. During the term of this Agreement, the Historic Site shall be subject to the following conditions, requirements, and restrictions: a. Owner should preserve and maintain the regulated characteristics of historical significance of the Historic Site, and, where necessary and feasible, restore and rehabilitate the property, in accordance with the rules and regulations published by the Secretary of the Interior and as amended ftom time to time (Attachment A). Work should be done in accordance with the attached schedule of potential home improvements, drafted by the Owner (Attachment B). b. Owner should maintain all buildings, structures, yards and other improvements in a manner which does not detract ftom the appearance of the immediate neighborhood. The following conditions are prohibited: 1. Dilapidated, deteriorating, or umepaired structures, such as: fences, roofs, doors, walls and windows; 11. Scrap lumber, junk, trash or debris. lll. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, reftigerators, cans, containers, or similar items; IV. Stagnant water or excavations, including pools or spas; v. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition, or its inappropriate location. c. Owner shall allow reasonable periodic examination of the Historic Site, by prior appointment, if a request is made by representatives of the City of Chu1a Vista Planning Department, County Assessor, State Depártment of Parks and Recreation or the State Board of Equalization. d. The owner shall allow visibility of the exterior of the structure ftom the public right-of-way. "'- Should owner apply to the City for a permit for demolition, substantial exterior alteration or removal of the Historic Site, Owner shall attend and participate in a scheduled hearing regarding such application before the board or commission designated by the City Council to oversee the City's historic resources prior to the issuance of such permit, so long as such hearing is completed no longer than three (3) weeks after owner submits such application to the City. f. Notwithstanding the foregoing subparagraph 2.e, should Owner apply to the City for a permit for the demolition, substantial exterior alteration or removal of the Historic Site, Owner shall comply with all City and State of California environmental regulations, policies and requirements prior to City issuance of the requested permit. 1. Information of Compliance. Owner hereby agrees to furnish City with any and all information requested by the City which the City deems necessary or advisable to determine compliance with the terms and provisions of this Agreement. 4. Cancellation. City, following a duly noticed public hearing as set forth in California Gove=ent Code Sections 50280, et seq., may cancel this Agreement if it determines that Owner has breached any of the conditions of this Agreement or has allowed the property to deteriorate to the point that it no longer meets the City's or State's standards for a qualified historic property. In addition, City may cancel this Agreement if it determines that the Owner has failed to restore or rehabilitate the property in the manner 7-1\ !=I Page 3 of6 Mills Act Contract specified in subparagraph 2(a) of this Agreement, or has demolished, substantially altered or removed the historic site. In the event of cancellation, Owner maybe subject to payment of those cancellation fees set forth in California Government Code Section 50280, et seq. l,. Enforcement of Agreement. In lieu of and/or in addition to any provisions related to cancellation of the Agreement as referenced herein, City may specifically enforce or enj oin the breach of the terms of this Agreement. In the event of a default under the provisions of this Agreement by Owner, City will give written notice to Owner by registered or certified mail addressed to the address stated in this Agreement, and if such a violation is not corrected to the reasonable satisfaction of the City within tþirty (30) days (provided that acts to cure the breach or default must be commenced within thirty (30) days and must thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of terms of this Agreement, apply to any court, state or federal for injunctive relief against any violation by Owner or apply for such other relief as may be appropriate. City does not waive any claim of default by Owner if City does not enforce or cancel this Agreement. All other remedies of law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic sites are available to the City to pursue in the event there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 6. Binding Effects of Agreement. The Owner hereby subjects the Historic Site to the covenants, reservations and restrictions as set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Site. Each and every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Site, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Agreement regardless of whether such covenants, reservations, and restriction are set forth in such contract, deed, or other instrument. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein, touch and concern the land, in that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions, touch and concern the land by enhancing and maintaining the historical characteristics and significance of the Historic Site for the benefit of City, the public, and Owner. 'L. Effective Date and Term of Agreement. This Agreement shall be effective and commence on November 23,2004 (but no earlier than approval of the agreement by the 7-70 --_.,---------~._._.,.,_..._-_._-_.__.~-_.__.._._-- Page 3 of6 Mills Act Contract specified in subparagraph 2(a) of this Agreement, or has demolished, substantially altered or removed the historic site. In the event of cancellation, Owner maybe subject to payment of those cancellation fees set forth in California Government Code Section 50280, et seq. .2.., Enforcement of Agreement. In lieu of and/or in addition to any provisions related to cancellation of the Agreement as referenced herein, City may specifically enforce or e~oin the breach of the terms of this Agreement. In the event of a default under the provisions of this Agreement by Owner, City will give written notice to Owner by registered or certified mail addressed to the address stated in this Agreement, and if such a violation is not corrected to the reasonable satisfaction of the City within thirty (30) days (provided that acts to cure the breach or default must be commenced within thirty (30) days and must thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of terms of this Agreement, apply to any court, state or federal for injunctive relief against any violation by Owner or apply for such other relief as may be appropriate. City does not waive any claim of default by Owner if City does not enforce or cancel this Agreement. All other remedies oflaw or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic sites are available to the City to pursue in the event there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. §., Binding Effects of Agreement. The Owner hereby subjects the Historic Site to the covenants, reservations and restrictions as set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Site. Each and every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Site, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Agreement regardless of whether such covenants, reservations, and restriction are set forth in such contract, deed, or other instrument. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein, touch and concern the land, in that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions, touch and concern the land by enhancing and maintaining the historical characteristics and significance of the Historic Site for the benefit of City, the public, and Owner. 7. Effective Date and Term of Agreement. This Agreement shall be effective and commence on November 23,2004 (but no earlier than approval of the agreement by the 7-71 Page 4 of6 Mills Act Contract City Council), and shall remain in effect for a term often (10) years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 8 below. 8. Renewal. Each year on the anniversary of the effective date of this Agreement (the "renewal date"), a year shall automatically be added to the initial term of this Agreement unless notice of non-renewal is mailed as provided herein. If either Owner or City desires in any year not to renew this Agreement, Owner or City shall serve written notice of non-renewal on the other party in advance of the annual renewal date of the Agreement. Unless such notice is served by Owner to City at least ninety (90) days prior to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. Upon receipt by Owner of a notice of non-renewal from City, Owner may make a written protest of the notice. City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice of non-renewal. If either City or Owner serves notice to the other of non-renewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either ftom its original execution or ftom the last renewal of the Agreement, whichever may apply. 9. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by either party. To City: City of Chula Vista Attention: Director of Planning & Building 276 Fourth Avenue Chula Vista, CA 91910 To Owner(s): Victor and Marta Garcia 62 Cook Court Chu1a Vista, CA 91910 7-72 ----_._--~_."._.__._--"...._---_._~~-----,-- Page 5 of6 Mills Act Contract 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. Owner agrees to and shall hold City and its elected officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise ftom the direct or indirect use of operations of Owner or those of his or her contractor, subcontractor, agent, employee or other person acting on his or her behalf which relate to the use, operation, and maintenance of the Historic Site. Owner hereby agrees to and shall defend the City and its elected Officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reasons of Owner's activities in connection with the Historic Site. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications, or other documents for the Historic Site. c. All of the agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historical Site, whether by operation of law or in any manner whatsoever. d. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. e. This Agreement shall not take effect unless and until Owner's signature is notarized by a notary public. Furthermore, if an agent or representative of Owner signs this Agreement on behalf of Owner, the agent or representative must furnish proof, to the satisfaction of City, that the agent or representative has authority to act on Owner's behalf. f. This Agreement shall be construed and governed in accordance with the laws of the State of California. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of San Diego. 12. Amendments. This Agreement may be amended only by a written and recorded instrument executed by the parties hereto 7-73 Page 6 of6 Mill. Act Contract SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR 62 Cook Court, Chula Vista, CA 91910 CITY OF CHULA VISTA OWNER(S) OF RECORD Date: Date: /D-I.2-VLJ Approved: By: n1IM+ILc. ~tt'l~ Stephen C. Padilla, Mayor (Notarized Signature) Date: Date: I'D - } 2- vLf Attest: BY:V~~~- Susan Bigelow, City Clerk (Notarized Signature) Date: Approved as to form: Ann Y. Moore, City Attorney OWNERS PLEASE HA VB NOTARY PUBLIC ATTACH A SEPARATE PROOF OF NOTARY PAGE WITH SIGNATURE AND SEAL. 7-74 -------" CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT State of California } ss. County of S"...., DL'E:C<:> 0 On Oe:..t I;) , 'd-= 1./ before me,0Ù,L,,,,,-<- C. ~kwd?-( I.X{.¡.i.ç; 7>vU, ~ Date' Namø and TItle 01 Qfficar (lI.g., "Jane Doe, NDtaryPubl1cj personally appeared MI'>RTM. c::.A¡¡:'~ll'\. 111<:..+01 ri\. ~"=\I'r Namø(s)ofSlgner(s) o personally known to me B-proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ~re subscribed to the within instrument and ".~-~......,!<~.,. '-,,:.... .~.:¡ - acknowledged to me that ~they executed OFFICIAL SEAL ~ . WilLIAM G. BAKA¡\¡OFF the same in I"IisLW>r/their authorized NOTARY PU8L1C-CALlFORNIA~ capacity(les), and that by hWAt>r/their , COMM. NO. 1422348 _ signature(s) on the instrument the person(s), or SAN OISQO GQUNTY the entity upon behalf of which the person(s) MY COMM, SXP. JÛN~ 5; ~OO7 acted, executed the instrument. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 1'1'\\ 1...\..~ KT f'>.<ó<;!.~w.€¡}T - tTT'~ s74-olb-7'S- ·DD Document Date: (!)c.-f 1:;2/~ Number of Pages: ~ . Signer(s) Other Than Named Above: --- Capacity(ies) Claimed by Signer Signer's Name: _. 8-1ñdividual Top of thumb here o Corporate Officer - Title(s}: o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee D Guardian or Conservator o Other: Signer Is Representing: II:' 1999 NaUonal NOlaryAs$oelallon' 9350 DB SotoAve., P.O. Sox 2402' Chalswcrth, CA 91313-2402' www.na1ìonBlnotary.or¡¡ Proa.No.S907 RIfOrc:lBr: Call Tojl-Frn 1-BOO-87&-6B27 7-75 ATTACHMENT "A" SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND REHABILITATION OF mSTORIC STRUCTURES 1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defming characteristics ofthe building and its site and environment. 2. The historic character of a property shall be retained and preserved. The removal of historic materials or alterations of features and spaces that characterize a property shall be avoided. 3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements ftom other buildings, shall not be undertaken. 4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. 5. Distinctive features, fInishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. 6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. 7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. 8. Significant archaeological resources affected by a proj ect shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. 9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated ftom the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. 10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. 7-76 ----_.__.~..._._--~ · ATTACHMENT "B" MILLS ACT AGREEMENT SUPPLEMENTAL (To be completed by the Owner) Please list, to the best of your knowledge, the improvements that have been made over · the past I 0 years to maintain or rehabilitate this property. YEAR IMPROVEMENT 1<'-e..YhQ'ioU 0\-- 0..!;¡\'\.-\.>C\ of' "'-C,J,e.·vJ:s . , :'<0"'+ - Ne..;{"ea-P J ne..w 5\.Á.; Tt-e:r s ) ~e.s+<.:J'Íed damCLt)e..d pod- ~ D L?Ve.'-~~. 'ÎéôfLO-L=Å dCt..Y>"1.t.\..Oþ.d vv.;\':;-,de. \J"ÐDcter. .shl.V"l..q)Le.-s (I:JY\. "S,des D-\- h'\)l.'-~ /Y"<:::..SWYe..d se>rY1e. w~V\..Át)i,v..51 dÐu...ble. pc:Lnd S"<£'e...-coJ \ e.o..cl",-cI v-:>t"~vws 4,- ..,e.c.u.......- >~ 'ý~ é'nS (J1õ>OÕoe_) J .~ ""j?Y C \! Q.c{ vJCJ\:::"'JCl:,/S -to k;A-v,",e..n and kv'Yî.~ rot>YY"I, ,c:::nt--rCt..,:t.eS", ' ~CLrd.e.Y\3 L..þ\:;dd",-c\ f,la.Y1.t-J :;; p-rt r'\J::..I.e.n <+ VL"'-W. +'rY1e.'<")} \""-~'-Ðve,d k,~""Y\ h'''T-W,C '~-eY\ :.ç¡t",,,,,, 1'~~\LeclJ. ye.s--t-C)-ce4 S"n"'€. --\'leE-nn¡ . a.."(\- wcv\.cl.E>W~ sh.~-\ò;i"P ¡1/,ð.."\.-I-"'-d ()I)..t-àìde. ~ h.~\.Ue.¡Q.jtb¡ncl.:; ....e..S-+O-C<2..Ó- . Please lIst the lffiprovements and restoratIons lliat you mten to m e over the next 10 · years. List them in order of your priority based upon anticipated need for proper maintenance. PRIORITY IMPROVEMENTIRESTORATIONS . . ~>-\-t:>,..oJ.;'\7"""K Cc.$ Yl-e.e.c\.e.d Ye...s-t-cYe.. hlJ.:fd.Wa. -ce... and \. R-e....ç:o...t.t c. m..+hr-oDms - -r eptpe.. ·h \e..s ¡ :1...., Ele..t..htQ....¡J - -(e..y.J~"¡e.. O-S Yl~<2..cI 3· C:-eiY"-ec* d;'foJn£l,£'ys vyvblem..J \'Y\. sa..deY\ Qnd o....y!)\,l~ hfli..WE'.. · q ,Ke..~-\-t¡;e Qná. ---r-e.r(Á...~' -Ç..\ÐfJY"tYî.Cj lvJÐVcl"&h") 5. K-e..ýCù-{ CL~ y-e.....~1-vl"e vJtY'ð.ews o.....Y1..A W(v0.ÐvJ S C.....'c e..e ÝÕ. £ 10. f'...-e...ç'cu..... da..Yn~ wa..\.\ e~~e. $k~\-e....S CU Yte.ed..d -¡. Rf-9íU"î l),",,~di-tu n !oed Y" ~Ð m \No...Ù_s a...Y1CÌ CA.. +ì-tc- IN Cli.\. s "3. ~i-e"""(e. \üvs-e... E>~(c\€ b"îècJc...s. , q. -K..-eÇ'o..J...' dy-~"e... w c~ ID. -Pc:u.r"\...-\- Yt'iiI.L.>e.. ~ Y"\.S' ¡ c\.-e q... vv....+s,'de.. CL£ Yl =c\~ OWNER CERTIFICATIO : · I certify that I am presently the legal owner of the subject property. Further, I acknowledge the supplemental information on this form will be used as an exhibit attached to the Mills Act Agreement. Date: Sign.''''' ~~ ~r ,......... · 7-77 COUNCIL AGENDA STATEMENT Item No.: <l Meeting Date: 11/23/04 ITEM TITLE: Resolution of the City Council of the City ofChula Vista approving the elimination of one Special Planning Manager position, waiving the formal consultant selection process, approving the First Amendment to an Agreement with RBF Consulting, authorizing the Mayor to execute said First Amendment, and amending the FY 05 budget of the Planning & Building Department by removing this position SUBMITTED BY: Director of Planning and Bui1ding~ REVIEWED BY: City Manager ß (4/5ths Vote: Yes X N~ In August 2002, Council approved Resolution 2002-331 creating a Special Planning Project Manager position to be dedicated to the Eastern Urban Center project and funded at full-cost recovery by developer McMillin Otay Ranch, LLC. Mr. Jeffrey C. Barfield, the Special Planning Proj ect Manager in question, is leaving the City to return to his former long time employer RBF Consulting. To keep the continuity in the project, staff recommends transferring· the processing of the project to RBF Consulting, by amending an existing two-party agreement and specifying Mr. Barfield continue as the project manager. RECOMMENDATION: That City Council approve the resolution approving the elimination of one Special Planning Manager position, waiving the formal consultant selection process, approving the First Amendment to an Agreement with RBF Consulting, authorizing the Mayor to execute said First Amendment, and amending the FY 05 budget of the Planning & Building Department by removing this position. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: Background In August 2002, City Council approved Resolution 2002-331 creating a new Special Planning Project Manager position to be dedicated to processing the Eastern Urban Center project for developer McMillin Otay Ranch, LLC. This position was requested and dedicated because the Planning Division did not have staff available for this proj ect, and the developer agreed to fund the position 100 percent at full-cost recovery. On September 20, 2002, Planning & Building Department hired Mr. James Hare ftom the City of San Clemente for the position. Mr. Hare was dedicated to the project until he accepted a position with the 8-1 --------- ._._--_._--_..__._-----~--- Page 2, Item No.: ~ Meeting Date: lI/23/04 City's Community Development Department. On April 16, 2004, the Planning & Building Department hired Mr. Jefftey C. Barfield ftom RBF Consulting for the position. Mr. Barfield has submitted his resignation to the City to return to his former long time employer RBF Consulting, but has agreed to continue working on the project if the City is agreeable to this situation. Retention of RBF and Mr. Barfield as project manager would be beneficial to the developer by the continuity it would provide. The City would benefit with the same continuity, and would also be able to reduce City staff by one position. RBF Consulting has agreed to have Mr. Barfield's time billed to the developer at the same rate he billed while being employed at the City. The City has an existing contract with RBF Consulting that was approved by Council on April 27, 2004 with Resolution 2004-132, for planning services to be used as an extension of staff. Since Mr. Barfield will be functioning as an extension of staff, we recommend amending the existing contract to include an added scope of work which would include planning services for the Eastern Urban Center as well as other areas of Otay Ranch and amending the purchase order to include the estimated cost. Consultant Selection Process In the original contract, a Selection Committee (Committee) comprised ofrepresentatives ftom Planning and Building reviewed the responses to the RFP #2-03/04 advertised in February, 2004. Staff received fifteen requests for the proposal package, but only one responsive and responsible proposal was received by the deadline established in the RFP. That respondent was RBF Consulting. The committee evaluated the proposal using the criteria set forth in the RFP, and compared the cost of the consultant's services to the cost the City would incur providing the same services and found them to be comparable. Such a favorable comparison ensures the developer pays the same for the services, whether City staff provides the services or the consultant provides the services. The Committee recommended award of the contract to RBF Consulting. In effect, there is no consultant selection process for the amended scope of work proposed in the . First Amendment. The work for this position would follow the person and the developer would continue to bear all costs associated with processing this application. Since the future costs for processing this project will exceed $50,000, Council must waive the formal consultant selection process in order to select RBF Consulting as the consultant. The City will pay the consultant, and receive reimbursement for all services, and the Consultant will continue to provide the services to the City at the same or at a lower rate than if Mr. Barfield was on City staff. FISCAL IMPACT: In future budget years, the elimination of the Special Planning Proj ect Manager position will result in a reduction of$127,700 in salary and benefits and a reduction of$127,700 in related developer reimbursements. If these planning services continue to be provided by a consultant, there will be no impact to the General Fund since developers will cover the costs. 8-2 Page 3, Item No.: g Meeting Date: 11/23/04 Attachments 1. Three-party agreement with RBF Consulting and McMillin Otay Ranch, LLC H;\Planning\BobMc\Barfield Al13 IO-26-04.doc 8-3 --~--- --,,---...--. r--' ~.} \, ì Parties and Recital Page(s) Agreement between City of Chula Vista and RBF Consulting for Municipal Planning Services This agreement ("Agreement"), dated 4/15/04 for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City") , whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attache d Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant") , and is made with reference to the following fact~ --.. - - - Recitals Whereas, the Director of Planning and Building was advised of the increasing activity in planning projects west of the I-80S and the need to keep staff workload to manageable levels; and Whereas, the Director of Planning and Building directed staff to seek professional municipal planning services for the project workload overflow; and Whereas, in February 2004, City advertised a Request for Proposals (RFP)in accordance with City Ordinance 2766 Section 2.56.070 Purchasing System; and, Whereas, Consultant submitted the most responsible and responsive proposal for said services; and Whereas, Consultant has performed satisfactorily in providing other planning services for the City in the past and present; and, Whereas, Consultant's billing rates are fair and enable the City to offer the services to customers at the same cost they would pay ifthé' City provided the services with City staff; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can 2ptyRBFPlanrtingServices.doc - 1 - April 15, 2004 8-4 C2,., __ , " -,? '\ .__n.,,_..___ .__________wm_ _~_.____ _~__ -" , prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; (End of Recitals. Next Page starts Obligatory Provisions.) - - 2ptyRBFPlanningServices.doc - 2 - April 15, 2004 8-5 . .-, - ') Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: L Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties" , Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled " Scope of Work and Schedule" ,.. not inconsistent with the General D~ties, accQrding to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure, to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting' services related to the Defined Services ("Additional Services") , and upon doing so in writing, if ·they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the 2ptyRBFPlanningServices.doc - 3 - April 15, 2004 8-6 _m'·_._ _________.__._' · "Rate Schedule" in Exhibit A, Paragraph 11 (C) , unless a separate fixed fee is otherwise agreed upon.. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily · exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categor- ies, and to the limits specified, policies of_which are jssued by Insurance Companies that have a Best's Rating of flA, Class V" or · better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City as an Additional Insured, and which is primary to any · policy which the City may otherwise carry ( "Primary Coverage") , and which treats the employees of the City in the same manner as members of the general public ("Cross-liability Coverage") . Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. · Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance 2ptyRBFPlanningServices.doc - 4 - April 15, 2004 · 8-7 demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30 ) days written notice to the Additional Insured. (2 ) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performan~e Bond (indiçated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorneyl which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibi t A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which l. The City Attorney's Office prefers that you obtain approval of the surety or bank, the form of the security and the amount of the security fr?m the Risk Manager in the first instance and not the City Attorney. The City Attorney's office would be available on such risk issues as an alternate only if the Risk Manager is unavailable and the matter can't wait. 2ptyRBFPlanningServices.doc - 5 - April 15, 2004 8-8 _._."'·_~._.'··"~m·_..,'_______,_ - --. amount is indicated in the space adjacent to the term, "Letter of Credi tit, in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. I. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. - 2. Duties_ of the City - - A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consult- ant accordiñg to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 2ptyRBFPlanningServices.doc - 6 - April 15, 2004 8-9 '! -.-. 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ( "Contract Administrators" ) indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This_Agreement shall termináte when the ~arties hav_e__. complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in per- formance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate") . Time extensions for delays beyond the consultant's control, other than-delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when. granted, will be based upon the effect of delays to the work 2ptyRBFPlanningServices.doc - 7 - April 15, 2004 8-10 ----_....~~._._--_. .-...-,,------- · .' and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6 . Financial Interests of Consultant · Consultant is Designated as an FPPC Filer. A. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. · B. Decline to Participate. -- - Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. · Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. · Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of-thiS Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. 2ptyRBFPlanningServices.doc - 8 - April 15, 2004 · 8-11 Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2- radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in - Exhibit A.. Paragraph 15. - - Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all-claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Consultant, 2ptyRBFPlanningServices.doc - 9 - April 15, 2004 8-12 --~-~------ -...----...--.--.-.-.-....---..- ---, and Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is legally responsible in connection with the execution of the work covered by this Agreement, except only for those claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant , its employees, agents or officers, or any third party. With respect to losses arising from Consultant's professional errors or omissions, Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability,. cost and expense (including withouL limitation.._ attorneys fees) except for those claims arising from the negligence or willful misconduct of City, its officers or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Consultant's obligations under this Section shall not be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations under this Section shall survive the termination of this Agreement. 8 . Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies,· sÜrveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work 2ptyRBFPlanningServices.doc - 10 - April 15, 2004 8-13 satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9 . Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City - City..may terminate this Agreement at any _time and for-ªny reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least. thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation) , without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". - - 12. Ownership, Publication, Reproduction and Use of Material 2ptyRBFPlanningServices.doc - 11 - April 15, 2004 8-14 ...,_.,-_.._-~.. --....-..- , ~ ) All reports, studies, information, data, statistics, forms, des igns, plans, procedures, systems and any other materials or · properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act) , distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. · 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole - control of. the manner and means of performing ~he services___ required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant.' s agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them · shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this · agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. .- Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. · 2ptyRBFPlanningServices.doc - 12 - April 15, 2004 8-15 - -, \ I 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. - ..- 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consult- ant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in' the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. 2ptyRBFPlanningServices.doc - 13 - April 15, 2004 8-16 _"_ _'0'_'.__--'-'-.'.'--..'--'. - _A_. ) D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. - - - F. Governing Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. [end of page. next page is signature page.] . -. 2ptyRBFPlanningServices.doc - 14 - April 15, 2004 8-17 -.. Signature Page to Agreement between City of Chula Vista and RBF Consulting for Municipal Planning Services IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated~711~/' , 2004 by: Stephen Approved as to form: ~L ~L(~ Ann Mo , ity Attorney Dated: RBF Consulting By: ~L--.,/Á LL:. Richárd A. Rubin ' Senior Vice President Exhibit List to Agreement (X ) Exhibit A. - - 2ptyRBFPlanningServices.doc - 15 - April 15, 2004 8-18 . ---.-.... '---'-'-"'-~--"-'-'-- - ~- I · Exhibit A to Agreement between City of Chula Vista and RBF Consulting For Municipal Planning Services · l. Effective Date of Agreement:4/15/04 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California ( ) Redevelopment Agency of the City of Chula Vista, a .political subdivision of the State of California_ ( ) Industrial Development Authority of the City of Chula · Vista, a ( ) Other: , a [insert business form] ("City") 3 . Place of Business for City: City of Chula Vista, 276 Fourth Avenue, · Chula Vista, CA 91910 4. Consultant: RBF Consulting 5 . Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership ( X) Corporation · 6 . Place of Business, Telephone and Fax Number of Consultant: 9755 Clairemont Mesa Boulevard, Suite 100 2ptyRBFPlanningServices.doc - 16 - April 15, 2004 8-19 · San Diego, CA 92124-1324 Voice Phone (858)614-5000 Fax Phone (858) 614-5001 7. General Duties: The Consultant shall provide profes sional municipal land-use planning services. As directed by City staff, consultant shall, perform professional planning work on complex projects; research, analyze, and prepare recommendations, and coordinate the work of other professional and technical staff on such assigned projects; and to do related work as required, all to the satisfaction of the Director of Planning and Building. 8. Scope of Work and Schedule: A. Detailed Scope of Work: l. Task 1 - Conduct independent review and detailed analysis of simple to complex development proposals, involving Design Review, Conditional Use Permit, Variances, Tentative Subdivision Map, Rezones, Specific Plans, and other similar development applications. 2 . Task 2 - Coordinate input from city departments and state and federal agencies. Also, conduct field surveys, construction inspections and other related tasks as necessary and as directed by city staff. Attend all meetings with applicants, applicant's consultants and city staff as City determines to be necessary to complete the project. 3. Task 3 - Prepare staff reports, resolutions, ordinances and other related documents for the Design Review Committee, Planning Commission, City Council and other decision making bodies. Also, prepare Power Point presentations and present the project to committees, commissions, city council, citizen planning groups and other organizations. 4. Task 4 - Prepare detailed processing schedules - -- using Microsoft Project to establish major and minor milestones, required planning process and target completion of projects. After completion 2ptyRBFPlanningServices.doc - 17 - April 15, 2004 8-20 - _.~~_._._~--_.._~-- ... ì ~ of projects, and close files as directed by City staff. B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Delivery No1 - Initial Evaluation Report Consultant will conduct an initial evaluation of the assigned project proposal, including, but not limited to: 1) preparation of planning comments, visit to project site to verify accuracy of drawings and surroundings context; 2) when necessary, conduct research to establish conditions and/or development recommendations; and 3) meet and confer with other City staff to coordinate. resolution of issues. After the Initial Evaluation, Consultant will also compile comments from other individuals and Departments and prepares a written report and project processing schedule (including tentative public hearing dates) in adopted City format to be reviewed by Development Service supervisor and delivered to applicant within three (3 ) weeks from initial submittal, or the time frame agreed upon by the City and the applicant. Deliverable No. 2 - Re-submittal Evaluation report After receiving revised project re-submittal, consultant reviews the revised project and prepares comments on the revised plans, if deemed necessary by City staff. If revisions are complete and the project is ready for public hearings, consultant commences preparation of project condition of approval. Conditions of approval will be submitted to City's Development Services supervisor for review prior to discussing them with the applicant. If project requires additional modifications, consultant prepares a second evaluation report within the time frame specified in a previously prepared processing schedule Deliverable No.3 - Mailing and Graphics Preparation Consultant prepares and delivers the following items within the time frames_prescribed by the City's standard processing schedule: 1) notices of public hearing (Spanish and English); 3 ) reviews mailing list and determines if the mailing list is accurate for the project; and 4) orders graphics and exhibits to be included in the reports resolutions, ordinances, to the 2ptyRBFPlanningServices.doc - 18 - April 15, 2004 8-21 -- ) Advance Planning Section of the Planning and Building Department. Deliverable No. 4 - Staff Report, Resolution and Ordinances Consultant prepares and delivers the following written documents in the time frame specified in the City's standard processing time frames: 1) for administrative items, consultant prepares a zoning administrator letter; 2) for public hearing items, consultant prepares a summary staff report, including report graphics and support documentation; 3 ) prepares pertinent resolutions, ordinances, including exhibits and other attachments; 4) prepare a power point presentation for Planning Commission, DRC and/or City Council; 5) prepares public hearing presentation to corresponding decision making body. Deliverable No. 5 - Approval Letters and Closing File After the public hearing, consultant will prepare a standard approval/denial letter to the applicant stating the results of - the public hearing(s). Also, have the file ready to be cloaed after the appeal period expires. D. Date for completion of all Consultant services: April 15, 2007. Should City and Consultant mutually agree, the term of this agreement may be extended by City Council approval for an additional three year term. 9. Insurance Requirements: Within 30 days of City Council approval of this agreement Consultant shall provide proof of no less than the following insurance and the accompanying Additional Insured Endorsement naming the City of Chula Vista: General Liability: $1,000,000 per occurrence with the City named as an additional insured. If Commercial General Liability Insurance with a general aggregate limit is used, the general aggregate limit must be $2,000,000. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. - __ 0" u Workers' Compensation: Statutory Employer's Liability: $1,000,000 each accident; $1,000,000 2ptyRBFPlanningServices.doc - 19 - April 15, 2004 8-22 ,-_._-----_._~-_."--_._~--- -- ~ ì · disease-policy limit; $1,000,000 disease - each employee. Professional Liability or Errors & Omissions Liability: $500,000 each occurrence; $1,000,000 policy aggregate. Acceptability of Insurers: insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A-V. If insurance placed with. a surplus lines insurer, · insurer must be listed on the State of California Lis~ of Eligible Surplus Lines Insurers (LESLI) with a current A.M Best's rating of no less than A-X. Such insurance shall remain in full force and effect for so long as Consultant has executory obligations under this agreement. 10. Materials Required to be Supplied by City to Consultant: A. Provide those items supplied by the applicant, to allow planning services to be completed. This may include complete plans, designated contact person, and any · items unique to a particular project. B. Provide Consultant with copies of or refer Consultant to any City ordinances modifying the regulations adopted by the State of California. C. Provide access to City's office facilities, files and records as City deems applicable to projects assigned to Consultant. 11. Compensation: A. ( ) Single Fixed Fee Arrangement. · For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: , payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee - - · B. ( ) Phased Fixed Fee Arrangement. Phase Fee for Said Phase 2ptyRBFPlanningServices.doc - 20 - April 15, 2004 8-23 · - l. $ 2. $ 3 . $ C. (X) Hourly Rate Arrangement For performance of the defined services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following rate schedule: Rate Schedule - Category of Employee -- Hourly- - of Consultant Name Rate Principal $185 Project Director 164 Project Manager 126 Senior planner 126 Landscape Architect 116 Project Planner 115 Environmental Specialist 115 Designer/Planner 95 Engineering Aid/Planning Aid 57 ( X) Hourly rates may increase by up to 5% for services rendered after April, 2005 if City determines in its sole discretion that anyone of j;:he following conditions has been met: 1) Manufacturer or supplier price increases in the service provided; or 2ptyRBFPlanningServices.doc - 21 - April 15, 2004 8-24 ~ ~.._---_._--_.- ."-..-... _._._.._.._.,.--._-~ - -.--.. -- .I 2 ) Governmental or regulatory agency increases to the trade; or 3) Regional Consumer Price Index (CPI) increases to the industry. Any request for a price increase shall be substantiated with documentation from a manufacturer, supplier, or governmental agency and must be submitted in writing at least thirty (30) days prior to the effective date of the increase. Overall increases of greater than 5% from prior year prices will not be allowed. 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (X) None, the compensation includes all costs. -- - Cost or Rate ( ) Reports, not to exceed $ : ( ) Copies, not to exceed $ : ( ) Mileage, not to exceed $ : e ( ) Printing, not to exceed $ : ( ) Postage, not to exceed $ : ( ) Delivery, not to exceed $ : ( ) Long Distance Telephone Charges, not to exceed $ ( ) Other Actual Identifiable Direct Costs: , not to exceed $ : , not to exceed $ : 13 . Contract Administrators: City: John Schmitz, Principal Planner, Planning & Building Department, 276 Fourth Avenue, Chula Vista, Ca 91910, 619-476- 5367, FAX 619-409-5861. Consultant: . -. Stephen Wragg, Senior Associate, Planning, RBF Consulting, 9755 Clairemont Mesa Blvd., Suite 100, San Diego, CA 92124-1324, 858-614-5000, FAX 858-614-5001. 2ptyRBFPlanningServices.doc - 22 - April 15, 2004 8-25 . 14. Liquidated Damages Rate: ( ) $ per day. ( ) Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: ( X) Not Applicable. Not an FPPC Filer. 16. ( ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: None. 18. Bill Processing: A. Consultant's Billing to be submitted-~or the follewing period of time: ( X) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing: ( X) First of the Month ( ) 15th Day of each Month ( ) End of the Month ( X) Other: . - 2ptyRBFPlanningServices.doc - 23 - April 15, 2004 8-26 -- -'.. . .._.,.,._~,----_._---_. option, ei ther the following "Retention Percentage" or · "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: ( ) Retention Percentage: % - ( ) Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services to the satisfaction of the City's Director of Planning and Building. · ( ) Other: C:\Word\Contracts\2PtyRBFPlanningServices.doc -- - · · -- - -- · 2ptyRBFPlanningServices.doc - 24 - April 15, 2004 8-27 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ELIMINATION OF ONE SPECIAL PLANNING MANAGER POSITION, WANING OF THE FORMAL CONSULTANT SELECTION PROCESS, APPROVING THE FIRST AMENDMENT TO AN AGREEMENT WITH RBF CONSULTING, AUTHORIZING THE MAYOR TO EXECUTE SAID FIRST AMENDMENT, AND AMENDING THE FY 05 BUDGET OF THE PLANNING & BUILDING DEPARTMENT BY REMOVING THIS POSITION WHEREAS, in August 2002, Council approved Resolution 2002-331 creating a Special Planning Project Manager position to be dedicated to the Eastern Urban Center Project and fully funded by developer deposits; and WHEREAS, the first employee to fill the position accepted a position with the City's Community Development Department; and WHEREAS, the second employee to fill the position, Mr. Barfield, has resigned ftom the City to return to his former long-time employer RBF Consulting; and WHEREAS, the City will benefit ftom the retention of Mr. Barfield as Project Manager due to his extensive involvement with the Project in his capacity as Project Manager; and WHEREAS, RBF Consulting agrees to keep the Eastern Urban Center, as well as other areas of Otay Ranch, as Mr. Barfield's top priorities and also agrees to bill the developer at the same rate the City billed the developer for Mr. Barfield's services; and WHEREAS, after a competitive consultant selection process, RBF Consulting and the City entered into an Original Agreement for Municipal Planning Services, approved by Council Resolution 2004-132; and WHEREAS, the Special Planning Project Manager position would be eliminated ftom the Planning & Building Department FY 05 budget since the intended role of the position will be assigned to RBF Consulting with the developer's agreement. NOW, THEREFORE BE IT RESOLVED THAT the City Council of the City of Chula Vista does hereby waive the formal consultant selection process, and approve the First Amendment to the Original Agreement with RBF Consulting. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said First Amendment on behalf of the City of Chula Vista. 8-28 -~-- ---~--------._- BE IT FURTHER RESOLVED that the City Council of the City of ChuIa Vista does hereby amend the FY05 budget of the Planning and Building Department by eliminating one Special Planning Proj ect Manager position. Presented by Approved as to form ~l,~~ J.D. Sandoval Moore Planning and Building Director City Attorney H:\P1anningIBobMclBarfield Reso 11-10-04  8-29 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ,,£.., ~ Ann Moore City Attorney Dated: November 18, 2004 First Amendment to the Agreement with RBF Consulting 8-30 - --~-_. FIRST AMENDMENT to the Agreement between the City of Chula Vista and RBF Consulting for Municipal Planning Services Recitals This First Amendment is entered into effective as of October 1. 2004 by and between the City of Chula Vista ("City") and RBF Consulting ("Consultant"), with reference to the following facts: WHEREAS, City and Consultant previously entered into an agreement on April 15,2004 whereby Consultant was to provide municipal land-use planning services ("Original Agreement"); and WHEREAS, former City employee Jefftey C. Barfield has resumed his former position as Project Director with Consultant and City desires Mr. Barfield continue to work on previous assignments as detailed in this First Amendment; and WHEREAS, Consultant is uniquely qualified due to previous work on this project. NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the parties set forth herein, City and Consultant agree as follows: 1. Exhibit A, Section 7, entitled General Scope of Work, is hereby amended to read as follows: B. Property (Commonly known or general description) of project to be handled by Project Director Barfield: The Application covers that property generally known as The Eastern University District, which includes the Eastern Urban Center, which is located in the central portion of the Otay Valley Parcel of the Otay Ranch General Development Plan area. The proposed Eastern University District is composed ofapproxirnate1y 1,500 acres of which approximately 283 acres is identified for the Eastern Urban Center. The District is generally located along SR-125 in the area of the proposed alignments of Birch Road, Hunte Parkway, EastJake Parkway, and Otay Valley Road. C. Project Description of project to be handled by Project Director Barfield: a) Reviewing and processing application by McMillin Otay Ranch, LLC (Applicant) for a Sectional Planning Area (SPA) and one or more Tentative Map applications for the Eastern Urban Center, and other related discretionary entitJements as may be identified during the course of such processmg. b) Managing the preparation of a "Framework Strategy" for the area identified in the proposed General Plan Update as the University study Area which is composed of several different land ownerships. 8-31 10f4 ---_._...~_. c) Provide miscellaneous planning services relating to the University Study Area as shown on the proposed General Plan Update. D. Entitlements applied for in proj ect handled by Proj ect Director Barfield: · a) Sectional Planning Area (SPA) Plan and associated regulatory documents, including but not limited to the following: 1) Eastern Urban Center design plan; 2) Planned Community District Regulations; 3) Air Quality Improvement Plan; 4) Water Conservation Plan; 5) Non-renewable Energy Conservation Plan; 6) Public Facilities Financing Plan; 7) Affordable Housing Plan b) Site Utilization Plan c) Second Tier Environmental Impact Report(s) and supporting technical studies · d) Tentative subdivision maps E. General Nature of consulting services to be provided by Project Director Barfield: a.) Process, under City's procedures, the necessary planning and environmental planning applications for the entitlements listed in paragraph 3, for the property known as the Eastern Urban Center described in paragraph 1. Consultant to provide services to Applicant for this project as an extension of City staff, under the direction of the Director of Planning & Building. · b.) Manage the City's efforts to complete a Framework Strategy as described in paragraph 2 which is intended to 1) identifY important planning concepts and relationships between the planning areas and land ownerships of the University Study Area; 2) protect critical land use, circulation and inftastructure elements necessary for successful development of a university campus; and 3) expedite preparation and approval of subsequent SPA plans. c.) Assist in the preparation of the General Plan Update and revisions to Otay Ranch General Development Plan as this relates to the proposed development of the EUC and other planning areas within the University · Study Area. d.) Provide other miscellaneous planning services as assigned by the Planning Director. 2. Exhibit A, Section 8A, entitled Detailed Scope of Work, is hereby amended to read as follows: 5. Task 5 - Preliminary Research - Project Director Barfield shall gather and review all available data including, but not limited to the annexation and pre-zoning files. Project Director Barfield shall · review the Otay Ranch General Development Plan (GDP) and related documents; related City resolutions, development agreements 20f4 8-32 and environmental impact reports (EIR) with all supporting technical reports; and any other environmental documentation including subsequent and prior EIRs; review the City of Chula Vista General Plan and Zoning Ordinance, particularly Chapters 19.22, 19.48; review the City's report and resolution format for Planning Commission and City Council presentations. 6. Task 6 - Project Management - Project Director Barfield shall prepare and maintain schedules, and organize meetings with City staff, other City consultants, Applicant and Applicant's consultants as determined necessary by City's Planning & Building Director, to coordinate the different aspects of the overall entitlement process for the EUC and for the preparation of the Framew0rk Strategy. 7. Task 7 - Independent Evaluation - Project Director Barfield shall conduct an independent evaluation of the project compliance with the City's General Plan, and a detailed assessment of the adequacy of the proposed zone change with the surrounding land uses, particularly adjacent planned communities, and provide written findings and recommendations to the Planning Commission and City Council. 8. Task 8 - Project Director Barfield shall, with respect to Reports, Owner-Participant Meetings, Workshops, and Public Hearing Presentations: a. Prepare Planning Commission and City Council agenda statements, including resolutions and ordinances, and attend public hearings as deemed necessary by the City's contract administrator. After completion of the project, purge and close file per City's format and procedure. b. Coordinate/assist City Staff and City Consultants.in the preparation of a Framework Strategy for the University Study Area as described in paragraph 4. c. Organize, schedule, and attend a series of owner - participant meetings, field trips, and workshops to identifY and resolve . issues and formulate planning concepts and strategies to be incorporated in the Framework Strategy. d. Prepare, in association with the other City consultants, a draft Framework Strategy and final Framework Strategy for review and acceptance by the City Council. 3. Except as herein provided, all other provisions of the original Agreement shall remain in full force and effect. 8-33 30f4 -..-.-..----- SIGNATURE PAGE TO FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RBF CONSULTING FOR MUNICIPAL PLANNING SERVICES IN WITNESS WHEREOF, City and Consultant have executed this First Amendment to the Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: ,2004 City of Chula Vista by: Stephen C. Padilla, Mayor Approved as to form: Ann Moore, City Attorney Dated: RBF Consulting BY:,~~? ¡::¡; L~ Richard A. Rubin / Senior Vice President Dated: 1)- I r-ð1- C:\Word\Contracts\2ptyRBF Services First Amendment.doc 8-34 40f4 COUNCIL AGENDA STATEMENT Item q Meeting Date 11/23/04 ITEM TITLE: Resolution No. Approving Amendment to the Deferred Compensation Plan Agreement to Include a Loan Provision SUBMITTED BY: Director of FinancefTreasurer' \~ REVIEWED BY: tIt.- . City Manager . ....... (415ths Vote: Yes No ) ~0 - - SUMMARY: The City has offered a Deferred Compensation Plan to employees since 1975. Since then, the Plan has been amended several times in order to conform with changing Internal Revenue SeNice regulations. This amendment would create a loan provision in the Plan which would allow participants to take loans against their deferred compensation balances. This added benefit would allow more flexibility and access to these funds which may encourage greater participation from younger employees and assist older employees in preparing for their upcoming retirements. RECOMMENDATION: That the Council adopt Resolution approving the amendment to the Deferred Compensation Plan Agreement to include a loan provision. DISCUSSION: In 1975, the City Council approved a Deferred Compensation Plan, and since then, several amendments have been made mainly to conform with federal regulations. The most recent amendment was approved by City Council in 1998, but regulations surrounding the loan provision were unclear at that time. Regulations released in 2002 have since clarified that loans are an optional provision for 457(b) and 401(a) D.eferred Compensation Plans. The City currently contracts with two Plan Administrators, Nationwide Retirement Solutions (NRS) and International City Manager's Association (ICMA) Retirement Corporation and both have provided information regarding their loan programs. The proposed modifications in this new Section 16.1 delegate certain administrative duties regarding loans from the Plan to the Administrators and establish certain requirements regarding eligibility, repayment, amount, fees and other terms and conditions necessary to comply with Internal Revenue Codes and regulations. A summary of these requirements are as follows: . Loans would be available to any active employee with a deferred compensation balance of at least $2,000. . The minimum loan amount is $1,000 and the maximum is 50% of the participant's account balance Q[ $50,000. 9-1 Page 2, Item c:¡ Meeting Date · . The maximum term over which a loan may be repaid is five years or fifteen years if the loan is for the purchase of the Participant's principal residence. · The Administrator shall determine the interest rate which is generally established at prime plus 1 %. · The repayments (principle and interest) shall be invested based on the Participant's current investment selections. · A participant may only have one loan outstanding at any given time. · Fees and repayments are paid by the applicant with after-tax monies directly to the Administrator as established in the loan documents. Loan applications would be approved by the Director of Finance and then be forwarded to the Plan Administrator for processing. Other than the initial approval of the loan application, the City has no involvement in the processing and administration of the loan. The Plan Administrator would deal directly with the applicant on the terms and conditions of the loan and administer the loan accordingly. FISCAL IMPACT: This added benefit to the City's Deferred Compensation Plan will have no fiscal impact on the City as the administration of the loan program is funded through charges to the participants using the loan option. 9-2 RESOLUTION NO. 2004-_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENT TO THE DEFERRED COMPENSATION PLAN AGREEMENT TO INCLUDE A LOAN PROVISION WHEREAS, in 1975, the City Council approved a Deferred Compensation Plan, and since then, several amendments have been made; and WHEREAS, the most recent amendment was approved by City Council in 1998, but regulations surrounding the loan provision were unclear at that time. Regulations released in 2002 have since clarified that loans are an optional provision for 457(b) and 401(a) Deferred Compensation Plans; and WHEREAS, this amendment would create a loan provision in the Plan which would allow participants to take loans against their deferred compensation balances; and WHEREAS, this added benefit would allow more flexibility and access to these funds which may encourage greater participation ftom younger employees and assist older employees in preparing for their upcoming retirements; and NOW, THEREFORE, BE IT RESOLVED the City Council of the City of ChuIa Vista does hereby approve the amendment to the Deferred Compensation Plan Agreement to include a loan provision. BE IT FURTHER RESOLVED that Director Finance of the City of Chula Vista is hereby authorized and directed to execute said agreement on behalf of the City. Presented by Approved as to form by ~\'(Ç{\\\ Ç\\J~~Q.\,\ Maria Kachadoorian Ann Moore Director of Finance City Attorney J:\Attorney\Reso\Benefits\Deferred Comp loan provision 9-3 THE A TT ACHED AGREEMENT HAS BEEN REVIEWED, AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL '<Ii~<)('N' f\ ~À~~~~ City Attorney Dated:~>\)<¿>I"f\\'rRx \1 z.üC'>"\ I Amendment of the Deferred Compensation Plan Agreement to permit Loans 9-4 CITY OF CHULA VISTA RESTATED AND AMENDED DEFERRED COMPENSATION PLAN AND TRUST/CUSTODIAL DOCUMENT FOR PUBLIC EMPLOYEES LOAN PROVISION AMENDMENT TO PLAN DOCUMENT 16.1 Loans to Participants (a) Employer has elected to make loans available to Participants and has delegated certain administrative duties regarding loans ftom the Plan to the Administrator. (b) Any loan by the Plan to a Participant under this Section shall be subject to the loan administrative procedures established by the Administrator as well as the following requirements: (i) Loan Eligibility. Any actively employed Participant may apply for a loan ftom the Plan. A Participant who has defaulted on a previous loan ftom the Plan shall not be eligible for another loan ftom the Plan until all defaulted loans are repaid in full, including accrued interest and fees. (ii) Loan Application and Loan Agreement. A Participant must submit a completed loan application to the Employer for approval. The approved application will be forwarded to the Administrator for processing. A non-refundable application fee established by Administrator will be deducted ftom the Participant's Account(s) at the time of loan origination. Before a loan is issued, the Participant must enter into a legally enforceable loan agreement as proVided for by the Administrator. (iii) Loan Repayment. The Participant receiving a loan shall be required to furnish to Administrator any information and authorization necessary to effectuate repayment of the loan prior to the commencement of a loan. Loan repayments will be made through Automatic Clearing House with after-tax income. If such payments are made through Automatic Clearing House, in the event that a payment cannot be processed because of lack of sufficient funds, the Administrator shall assess an insufficient funds charge, which will be deducted from the Participant's Account(s). (iv) The repayments will be invested based on the Participant's current investment selections. (v) Loan Term and Interest Rate. The maximum term over which a loan may be repaid is five (5) years or fifteen (15) years if the loan is for the 9~5 ---..-..--...--."- "-".-.'-..--" · purchase of a Participant's principal residence. Each loan shall be amortized in substantially equal payments consisting of principal and interest during the term of the loan, except that the amount of the final payment may be higher or lower. The Adnllnistrator shall establish the interest rate for any loan. (vi) Loan Frequency. Each Participant may have only one (1) Plan loan outstanding at any given time. A Plan loan which is in default, even if the defaulted loan was treated as a "deemed distribution" under federal regulations, shall be treated as an outstanding loan until such · Participant's account balance is offset by the amount of principal and accrued interest under the loan. A Participant will be granted a loan no more ftequently than one (1) time in any twelve (12) month period. (vii) Default. The Participant must pay the full amount of each loan payment (principal and interest) on the date that it is due. Failure to make such a payment by the due date, or within any cure period established by the Administrator, shall cause the Participant to be in default for the entire amount of the loan, including any accrued interest. A loan will also be in default if the Participant either refuses · to execute, revoke, or rescind any agreement necessary to comply with the provisions of this Section or the loan adnllnistrative procedures established by the Adnllnistrator, commences or has commenced against Participant a bankruptcy case, upon the Participant's severance ftom employment, or upon the death of the Participant. (viii) Loan Security. By accepting a loan, the Participant is giving a security interest in their vested Plan balance as of the loan process date, together with all additions thereof, to the Plan that shall at all times be equal to one hundred percent (100%) of the unpaid principal balance · of the loan together with accrued interest. (ix) Loan Amount. The maximum amount of any loan permitted under the Plan is the lesser of (i) fifty percent (50%) of the Participant's vested account balance less any outstanding loan balances under the Plan or (ii) $50,000.00 less the highest outstanding loan balance during the preceding one-year period. The minimum loan amount is $1000.00. The Participant and not the Adnllnistrator shall at all times remain responsible for ensuring that any loan received under the Plan is in accordance with these limits with regard to any other loans received by · the Participant under any other plans of the Participant's employer. (x) Loan Maintenance Fee. Until a loan is repaid in full, an annual loan maintenance fee established by Administrator will be deducted ftom the Participant's Account(s). 9~6 · (xi) Loan Default Fee. At the time when a default occurs, an annual loan default fee established by Administrator will be deducted ftom the Participant's Account(s). (c) The Administrator shall fix such other terms and conditions necessary to the administrative maintenance of the provisions of this Section and as necessary to comply with the IRe and regulations there under. 93.7 111-' COUNCIL AGENDA STATEMENT ló Item 11/23/04 Meeting Date ITEM TITLE: Resolution No. Approving Amendment of Deferred Compensation Plan Agreement with ICMA Retirement Corporation SUBMITTED BY: Director of FinanCefTreasurer--l'1k::: REVIEWED BY: City Manager D (4/5ths Vote: Yes _No...JL) SUMMARY: ICMA Retirement Corporation has been one of the City's Deferred Compensation plan administrators since 1986. This amendment to their plan would establish a five year fixed term agreement in exchange for reduced administrative costs thus yielding higher returns to employees participating in the plan. RECOMMENDATION: That the Council adopt Resolution approving the amendment to the Deferred Compensation Plan Agreement with ICMA Retirement Corporation. DISCUSSION: The City has offered a Deferred Compensation Plan through Great Western Savings (now known as Nationwide Retirement Solutions) to employees since 1975. In 1986, ICMA Retirement Corporation was added as a second plan administrator for maximum flexibility. At that time, the contract with ICMA Retirement Corporation was established with an initial term of five years with an automatic renewal for. each succeeding year unless there is a 60 day written notice provided by either party. The original Plan Administration Fee was set at 0.90% of the plan assets and over the years has been reduced to 0.29% due to the increasing size of the City's plan assets. This proposed amendment would establish a five year fixed term agreement with automatic renewals for two succeeding years. In exchange, the Plan Administration Fee would be reduced to 0.0%. As the City has been satisfied with ICMA Retirement Corporation's performance in the past, staff is comfortable with establishing another five year fixed term agreement. FISCAL IMPACT: This action will have no fiscal impact on the City, but plan participants will receive higher returns on their investments due to the reduction of Plan Administration Fees. /D -/ RESOLUTION NO. 2004- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENT OF DEFERRED COMPENSATION PLAN AGREEMENT WITH ICMA RETIREMENT CORPORATION WHEREAS, in 1986 ICMA Retirement Corporation was added as a second plan administrator for maximum flexibility for employees; and WHEREAS, the contract with ICMA Retirement Corporation was established with an initial term of five years with an automatic renewal for each succeeding year unless there is a 60 day written notice provided by either party; and WHEREAS, this proposed amendment would establish a five-year fixed term agreement with automatic renewals to two succeeding years. In exchange, the Plan Administration Fee would be reduced to 0%; and WHEREAS, the City has been satisfied with ICMA Retirement Corporation's performance in the past, staff is comfortable with establishing another five year fixed term agreement. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the amendment of Deferred Compensation Plan Agreement with ICMA Retirement Corporation. BE IT FURTHER RESOLVED that Director Finance ofthe City of Chula Vista is hereby authorized and directed to execute said agreement on behalf of the City. Presented by Approved as to form by ~ \I'V(\\\ \1Cì~\I} \\ Maria Kachadoorian \ Ann Moore Director of Finance City Attorney J:\Attomey\Reso\Deferred Comp ICMA amendment /~"'J- -------~~ -...._-- THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~'"(=fI~ \,"\~~. Ann Moore City Attorney Dated:~d'W\'X~X ì"\ ¡ '2..öcA- Approving Amendment to Deferred Compensation Plan Agreement with ICMA Retirement Corporation /D"3 . - -.-.--.- , ^ AMENDMENT TO THE Administrative Services Agreement for Plan Number 302438 This Amendment to the Administrative Services Agreement ("Agreement") for Plan number 30438 (the "Plan") is entered by and between City ofChula Vista ("Employer") and ICMA Retirement Corporation ("RC"), effective as of the date of execution by the Employer below ("Execution Date"). WHEREAS, the Employer sponsors the Plan on behalf of its eligible employees and retirees; and WHEREAS, the Employer entered the Agreement to engage RC to provide administrative services and investments for the Plan under the terms specified in the Agreement; and WHEREAS, the parties wish to amend the Agreement to provide for an elimination of the Plan Administration fee and Mutual Funds Fee under the Agreement for the Plan over the term of the Agreement contingent on the Employer's use of EZLink for enrollment and contribution processing over the term of the Agreement; and WHEREAS, Section 10(a) ofthe Agreement provides that the Agreement may be amended pursuant to a written instrument signed by the parties; NOW, THEREFORE, the Agreement is hereby amended as follows: FIRST Section 6 of the Agreement, titled "Compensation and Payment" is amended by replacing subsections (a) and (d) with the following: (a) Plan Administration Fee. The amount to be paid for plan administration services under this Agreement shall be 0.0% of the amount of Plan assets invested in the Trust. Such fee shall be computed based on average daily net Plan assets in the Trust. (d) Mutual Fund Services Fee. There is an annual charge of 0.0% assessed against average daily net Plan assets invested in the Trust's Mutual Fund Series. The compensation and payment set forth in this Section 6 is contingent upon Employer's continued use of EZLink for enrollment and contribution processing over the term of the Agreement. /0-'1 - . SECOND · Section 9 of the Agreement, titled "Term" is amended to provide as follows: This Agreement shall be in effect for an initial term beginning on the Execution Date and ending 5 years after the Execution Date. This Agreement will be renewed automatically for two succeeding years at Employer's discretion unless written notice of termination is provided by either party to the other no less than 60 days before the end of such Agreement year. The fee amendment specified in section 6 of the Agreement will take effect in the calendar quarter following the Retirement Corporation's receipt of one fully- · executed copy of this Amendment based upon the following schedule: - Received by February 20: Effective April Received by May 20: Effective July Received by August 20: Effective October - Received by November 20: Effective January In all other respects, the Agreement is hereby ratified and affirmed. IN WITNESS WHEREOF, Employer has caused this Amendment to be executed by its duly authorized officer this 23RD day of NOVEMBER ,2004. · CITY OF CHULA VISTA By: MARIA KACHADOORIAN Title: DIRECTOR OF FINANCE/TREASURER · ICMA RETIREMENT CORPORATION by: f} /;fJ ¿1+ .. 1"'..,./ .. < .... ,i '-'\ · Paul Gallagher Corporate Secretary IO~5 COUNCIL AGENDA STATEMENT Item~ Meeting Date 11/23/04 ITEM TITLE: Urgency Ordinance Repealing Ordinance 2884 relating to the Pumped Sewer Development Impact Fee. Ordinance Repealing Ordinance No. 2884, relating to the Pumped Sewer Development Impact Fee. Resolution Appropriating the un-appropriated balance of funds in the Pumped Sewer DIF fund, to the Telegraph Canyon Trunk Sewer Improvement Project (SW224) SUBMITTED BY: Director of General Services/City Engineer * t) REVIEWED BY: City Manager ,/ (4/5ths Vote: Yes --X- No--> On March 15, 1994, the City Council adopted Ordinance No. 2582, which established the Telegraph Canyon Sewer Basin Pumped Flows Development Impact Fee to fund improvements to the Telegraph Canyon sewer main due to out-of-basin flows ftom the Salt Creek Basin. On October 22, 2002, this fee was amended by Ordinance No. 2884 to rename it the Pumped Sewer Development Impact Fee (Pumped Sewer DIP) and to allow the use of either Telegraph Canyon Trunk Sewer or the Poggi Canyon Trunk Sewer to convey the out-of-basin flows. Now that the Salt Creek Trunk Sewer has been constructed, and there is no longer any need to pump flows out of the Salt Creek basin, staff recommends that the fee be repealed. It is necessary that the repeal of the Pumped Sewer Development Impact Fee go into effect immediately because all of the facilities identified in Section 2 of Ordinance 2884 have been constructed. The purpose of the Urgency Ordinance is to make the repeal of the Pumped Sewer DIP effective immediately. This will ensure that developers within the area of benefit pay only for their fair share for the costs of inftastructure improvements serving their development and will be effective for a period of 30 days. RECOMMENDATION: That Council adopt the urgency ordinance, ordinance, and resolution. BOARDS/COMMISSION: Not applicable. DISCUSSION: . Back!!round In the early 90's, to facilitate the development of certain portions of the Eastern Territories (primarily EastLake and Rolling Hills Ranch) that were naturally tributary to the Salt Creek Basin, the City allowed the use of Olympic Parkway and Otay Lakes Road pump stations to pump the sewage flows generated by these developments, into the Telegraph Canyon Trunk Sewer. These developments were designed to be ultimately served by the Salt Creek Tnmk Sewer line; however, since the planning and design effort for that facility had not commenced at that time, the City allowed the temporary diversion of the pumped flows to the Telegraph Canyon Trunk Sewer. In 1993, the City retained the services of 11-1 ....---.-,...---.-. .'.--.- Page 2, Item ~ Meeting Date 11/23/04 WiIIdan & Associates to analyze the Telegraph Canyon Trunk Sewer and determine the improvements that would be required to accommodate these pumped flows. On March 15, 1994, based on the findings of the Willdan Study titled "Telegraph Canyon Sewer Basin Improvement and Financing Plan Amendment Incorporating Pumped Flows," dated June 9, 1993, Council adopted Ordinance No. 2582 (copy attached). That Ordinance established the Telegraph Canyon Sewer Basin Pumped Flows Development Impact Fee (DIF). This DIF was established as a mechanism to fund required improvements to the Telegraph Canyon Sewer to accommodate the pumped flows. The fee was initially set at $560 per Equivalent Dwelling Unit (EDU). On October 22, 2002, in recognition of the capacity constraints in the Telegraph Canyon Trunk Sewer, Council amended by Ordinance No. 2884 (copy attached) to rename it the Pumped Sewer Development Impact Fee (Pumped Sewer DIF). This amendment modified the Pumped DIF to allow the use of either the Telegraph Canyon Trunk Sewer or the Poggi Canyon Trunk Sewer line to provide sewer service to those projects within the defined area of benefit. The Pumped DIF was re-caIculated using the cost of required improvements to the Poggi Canyon line as the basis of the DIP since it was more cost-effective than any future improvements to the Telegraph Canyon line. This approach served to reduce the fee ftom $560 to $ I 80 per EDU. Since then, several projects that would have relied upon the completion of Salt Creek Trunk Sewer have been approved and constructed (i.e. portions of EastLake Greens, EastLake Trails, EastLake Vistas, EastLake Woods, Rolling Hills Ranch and the Olympic Training Center). Throughout these years, these proj ects were served using various pump stations which pumped the sewage flows from these projects into the Telegraph Canyon Trunk Sewer and the Poggi Canyon Trunk Sewer. The City has now completed the construction of the Salt Creek Trunk Sewer and is now in the process of decommissioning these pump stations and diverting the flows currently being pumped into the Telegraph Canyon Trunk Sewer to the Salt Creek Sewer. Therefore, with the completion of the Salt Creek Trunk Sewer, it is no longer necessary to continue collecting fees ftom new developments in the Salt Creek Basin. Tele!!raph Canvon Trunk Sewer Improvements To mitigate capacity constraints within certain reaches of Telegraph Canyon Trunk Sewer, the City entered into a reimbursement agreement with The EastLake Co. to construct the required improvements. These improvements have been completed, however, there are still some outstanding project related expenditures that have not been fully compensated. Staff is recommending that Council authorize the appropriation of the un-appropriated balance of funds in the Pumped Sewer DIP fund, to the Telegraph Canyon Trunk Sewer Improvement Project (SW224) for the following reasons: a. The portions of the Telegraph Canyon Trunk Sewer that were upsized were the same reaches that were earlier identified in the Willdan Study, which formed the basis of the original Telegraph Canyon Pumped DIF as defined in Section 2 of Ordinance No. 2884 (See Exhibits 1 &2). 11-2 Page 3, Item ~ Meeting Date 11/23/04 b. The flows generated ftom the Pumped DIF area of benefit significantly impacted the Telegraph Canyon Trunk Sewer line and caused the flow in the line to exceed threshold capacity hence necessitating the improvements to the Telegraph Canyon Trunk Sewer sooner. If the pumped flows had not been present in the line, the City could have continued to develop in the Telegraph Canyon sewer basin for a significant length of time before the improvements would have become necessary. c. Due to the timing ofproject, the improvements were built at a time when the Telegraph Canyon Road was the primary roadway that served a significant portion of the Eastern territories. To mitigate the significant traffic impacts that would have arisen ftom the completion of the improvements using open trench methods, the project was completed using "Pipe Bursting Method" which is a more expensive process. That process caused the City to spend significantly more than what it would have taken had the project been constructed using the standard open trench method. DIF Accountine: The Pumped Sewer DIF Ordinance allowed developers to post letters of credit in lieu of paying the fee. These letters of credit will be released if Council adopts tonight's Ordinance. The fund currently has a remaining balance of approximately $314,000. Staff recommends that these funds be appropriated to the Telegraph Canyon Trunk Sewer Improvement Project (SW224) and utilized for outstanding related project expenditures. Developer Notification Staff has notified developers of the intent to recommend that Council repeal the Pumped Sewer DIP and there has been no opposition. FISCAL IMPACT: There is no impact to the General Fund. Repealing the Pumped Sewer DIP will discontinue the collection of fees and authorize the use of· the remaining funds for expenditures associated with the Telegraph Canyon Trunk Sewer Improvement project. Attachments: 1. Ordinance No. 2582 2. Ordinance No. 2884 Exhibits: I. Excerpt from the Improvement Plans for the Telegraph Canyon Sewer Project SW224 - showing limits of work 2. Excerpts (Page 24 and Plates 1 through 14) of the 1993 Wi1ldan Study J:\EngineerIAGENDAIAI13 Repeal Pumped Sewer DIF.ac.doc 11/18/200411:16 AM 11-3 ATTACHMENT. -I ORDINANCE NO. 2582 AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA ESTABLISHING THE TELEGRAPH CANYON SEWER PUMpED FLOWS DEVELOPMENT IMPACT FEE TO PROVIDE FOR THE CONTINGENT CONSTRUCTION OF SEWER IMPROVEMENTS WITHIN THE TELEGRAPH CANYON SEWER BASIN IF SEWAGE IS DIVERTED FROM SALT CREEK AND POGGI CANYONS AS A CONDITION OF ISSUANCE OF BUILDING PERMITS FOR CONSTRUCTION INTHETELEGRAPH CANYON SEWER PUMPED FLDWS BASIN WHEREAS, developers of land within the City should be required to mitigate the burden creeted by development through the construction or improvement of sewer facilities within the boundaries of the development and either the construction or improvement of sewer facili- ties outside the boundaries of the development which are needed to provide service to the development in accordance with City standards or the payment of a fee to finance a development's appropriate portion of the total cost of the sewer facilities: and, WHEREAS, all development within the City contributes to the cumulative burden on various sewer facilities in direct relationship to the amount of population generated by the development or the gross acreage of the commercial or industrial land in the development; and, WHEREAS, the Telegraph Canyon Sewer Pumped Flows Basin ("Pumped Flows Basin") is that area of land shown on the map attached hereto as Exhibit "2" (Exhibit 1 omitted}"< which map is generally comprised of those portions of Poggi Canyon and Salt Creek drainage basin within the City of Chula Vista, or its sphere of influence. from which wastewater will be collected and pumped into the Telegraph Canyon Sewer Basin ("Grairity Basin"); and, WHEREAS, the City desires and desired to oversize the Gravity Basin sewer facilities as a backup plan in order to accommodate sewage flow from the Pumped Flows Basin in the event that flows from the Pumped Flows Basin, in combination with the Gravity Sasin flows, exceed the capacity of the Gravity Basin sewage system before adequate alternate sewage facilities (gravity drainage, treatment plants, reclamation plants, etc.) are available in the Salt Creek and Poggi Canyon drainage basins to handle the Pumped Flows; and, WHEREAS, this was and is inte.nded to be a "backup plan" inasmuch as the City expects that the flows in the Pumped Flows Basin will, with the construction of the necessary sewer facilities("Poggi Canyon/Salt Creek Facilities"}, eventually drain by gravity flow into the Poggi Canyon and Salt Creek Sewer Basins ("Poggi Canyon/Salt Creek Sewer Gravity Basins"), and then into the Otay Valley; and, WHEREAS, at such time as it appears, in the sole discretion of the City Council, that such Poggi Canyon/Salt Creek Facilities are imminent of construction, it is the intention of the City Council to terminate the imposition of this Development Impact Fee, and further. at such time and in such manner as the City Council, in its sole discretion, determines to be fair and 11-4 --..---.- Ordinance No. 2582 Page 2 - equitable return any unused funds to the property owners eXisting at that time of the properties for which the fee was collected initially; and, WHEREAS, on February 25, 1992 the City Council passed Resolution No. 16518 approving an amendment to the agreement between the City of Chula Vista and Wjlfdan Associates for preparation of said Backup Plan. therein referred to as the" Amended Plan"; and. WHEREAS, on February 25, 1992 the City Council passed Resolution No. 16519 approving the First Amendment to the Telegraph Canyon Basin Sewer Monitoring and Gravity Basin Usage Agreement to provide that EastLake should pay for the preparation of the "Telegraph Canyon Sewer Basin Improvement and Financing Plan Amendment Incorporating Pumped Flows' ("Backup Plan'). WHEREAS, pursuant to said agreement with Willdan, Willdan Associetes have prepared a proposed Backup Plan dated June 9, '993 for approval by the City Council (herewith done): and, WHEREAS, on September 21, 1993 a public meeting WaS held between Staff and the developers of developments located within the Pumped Flows Basin to discuss the final Backup Plan and City Staff recommendations for establishing the Telegraph Canyon Sewer Pumped Flows Basin Development Impact Fee; and, - WHEREAS, on December 7, 1993 a Public Hearing was opened but not completed before the City Council to provide an opportunity for interested persons to be heard on the approval of the Backup Plan and establishment of the Telegraph Canyon Sewer Pumped Flows Fee; and, WHEREAS, said hearing was continued various times the final one of which was to February 15, 1994 (hereinafter referred to as the "Public Hearing"); and, WHEREAS, the proposed Backup Plan determines that new development within the Pumped Flows Basin will create adverse impacts on the City's existing sewer faciJities within the Gravity Basin (to wit, that the sewage expected to be generated from new development within the Pumped Flows Basin, when combined with the sewage flows from the Gravity Basin, will .exceed the capacity of the current sewer system in the Gravity Basin). These impacts must be mitigated by the financing and construction of certain sewer facilities identified in this ordinance; end, WHEREAS, said prop.osed Backup Plan (1) includes an estimate of ultimate sewerflows anticipated from the Pumped Rows Basin; (2) recommends improvements to handle the combined incremental increases of sewage flow anticipeted from the Pumped Flows Basin and from the Gravity Besin; and (3) establishes a fee payable by persons obteining building permits for developments within the Pumped Flows Basin benefiting from Gravity Basin trunk sewer improvemants; and, 11-5 Ordinance No. 2582 Page 3 WHEREAS, sewer improvements and a fee to be levied on new development in the Pumped Flows Basin have been justified in the proposed Backup Plan; and. WHEREAS, the City Council determined, based upon the evidence presented at the Public Hearing, including, but not limited to, the Backup Plan end the various reports and other information received by the City Councjl in the course of its business, that imposition of the sewer facilities development impact fee on all developments within the Telegraph Canyon Sewer Pumped Flows Basin in the City of Chula Vista for which building permits have not yet been issued is necessary in order to protect the public safety and welfare and to ensure effective implementation of the City's General Plan; and, WHEREAS, the City Council has determined that the amount of the fee levied by this ordinance does not exceed the estimated cost of providing the public facilities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION 1. Approval of Backup Plan. The City Council has independently reviewed the proposed Backup Plan herewith presented, finds that it is fair, reasonable and equitable to all parties, and herewith adopts same in the form on file with the City Clerk. and on file in the Office of the City Engineer. SECTION 2. "Facilities u. The facilities which are the subject matter of the fee herein established are fully described in the Backup Plan at page 24 thereof, and the locations at which they will be constructed are more fully described on Plates 1 through 14 under the section thereof entitled "Improvement Locations", all of which facjlities may be modified by the City Council from time to time by resolution ("Facilities"). The City Council may modify or amend the list of projects herein considered to be part of the Facilities by written resolution in order to maintain compliance with the City's Capital Improvement Program or to reflect changes in land development and estimated and actual wastewater flow. SECTION 3. Territory to Which Fee Is Applicable. The area of the City of Chula Vista to which the Fee herein established shall be applicable is set forth as an Exhibit to the Backup Plan, entitled "Developments Subject to Pumping (Pumped Flows Basin). Telegraph Canyon Sewer Basin. Improvement and Financing Plan Amendment, Incorporating Pumped Flows: shown as being "Prepared: June 23,1993" not yet revised, shall be referred to.herein as the "Territory" or alternatively 11-6 ~-_. -"- - --~_....... ._--_._-----~- Ordinance No. 2582 Page 4 "Pumped Flows Basin" and is generally described as that area to the East . of the Telegraph Canyon Sewer Basin, within the Salt Creek and Poggi Canyon Basins. SECTION 4. Purpose. By Ordinance No. 2533, the City Council approved e plan ("Gravity Basin Plan") for the financing and construction of the sewer-related facilities necessary to serve only the sewage transmission demands for the EDU's in the Gravity Basin. The purpose of this ordinance is to provide the necessary financing to oversize such sewer-related facilities in the Telegraph Canyon Sewer Gravity Basin, as defined in Ordinance No. 2533, Section 2, Territory ("Gravity Basin"). to accommodate sewage flows pumped into the Gravity Basin from the Pumped Flows Basin. SECTION 5. Establishment of Fee. A development impact fee ("Fee"). to be expressed on a per Equivalent Dwelling Unit '"EDU" basis, and payable prior to the issuance of a building permit unless security therefore by Letter of Credit, es herein permitted, is - on deposit with the City, for a development project within the Territory, is hereby established. SECTION 6. Due on Issuance of Building Permit: Exception for Letters of Credit Procedure. A. When Payable. The Fee shall be paid in cash upon (early payment is not . permitted) the issuance of a building permit. except as provided in subparagraph B. B. Letter of Credit. A building permit may issue without the payment of the Fee in cash if (use of the following procedure shall herein be referred to as the "Letter of Credit Procedure") the Property owner of the property for which the building permit is sought, or herlhis predecessor in interest. has placed on deposit with the City Engineer at or prior to the time a final subdivision map is approved by the City for the units which would otherwise be subject to the Fee on the issuance of a building permit. a letter of credit in a form acceptable to the City Attorney and which, at a minimum, provides for the following: (n The Letter of Credit shall be irrevocable until released in writing by the City in the manner herein provided. It shall also specifically provide that a change of ownership of the property for which the Fee is payable shall not be a basis for releasing or 11-7 Ordinance No. 2582 Page 5 cancelling the Letter of Credit. (2) The Letter of Credit shall be for a term not less than 3 years unless 8 shorter term is allowed by the City Attorney in conjunction with the City Engineer. (3) The Letter of Credit shall provide that at the expiration of the . Term, the bank issuing the Letter of Credit shall pay the full amount over to the City unless the Term thereof is extended or the obligation excused by written direction of the City Attorney and City Engineer. (4) The Letter of Credit shall provide that the City may unconditionally draw on all or part of the Amount on demand by the City by written notice thereof and without offering any other justification or documentation (Authority for draws on the Letter of Credit as between the City and the Beneficiary is hereinbelow provided). (5) The letter of Credit shall initially be in a minimum amount as determined by applying the rate of the Fee times the number of Equivalent Dwelling Units ("EDUs") within the territory of the Final Map. Such amount shall be increased or decreased from time to time as the rate of the Fee is adjusted by the City Council. C. Right of City to Draw on the Letter of Credit. The City may exercise its right to draw on the letter of credit in any of the following circumstances. (1 ) The property owner who would otherwise be responsible for paying the Fee hereunder fails to maintain the Letter of Credit in the minimum amount required by this Ordinance, in which case the full amount of the Letter of Credit may be drawn upon by the City. (2) The City determines, in its sole discretion, that all or a portion of the Letter of Credit is necessary to plan. design or construct, or otherwise assist in the planning, design or construction of, all or a portion of the Facilities, in which case the City is authorized to draw, for each such Facility, or portion thereof. from time to time as planning, design and construction proceeds, an amount which represents the entire actual cost of the Facility, including extra work and overruns, times a fraction, the numerator of which equals the estimated costs of the Facility to be borne by the Pumped Sewer Flows, as set forth in the latest Engineer's Report updating the DIF, and the denominator of which represents the 11-8 -------~_..._---~ Ordinance No. 2582 Page 6 · total cost of the Fecility as estimated in the latest Engineer's Report updating the DIF. (3) The property owner otherwise responsible for the payment of the Fee takes any act or suffers any act. or the bank on which the Letter of Credit is drawn takes any act or suffers any act, which, in the sole opinion and discretion of the City, creates. a reasonable risk that the Letter of Credit may not be honored on demand by the City, in which case the City is euthorized to draw · on the Letter of Credit in such an amount as the City determines is necessary to avoid the risk of loss. D. Release of the letter of Credit by City. The City shall issue to the Bank written release of the Letter of Credit. or such appropriate portion thereof, in any of the following circumstances: (1) The beneficiary has constructed, or caused to be constructed, to the satisfaction of the City, the Facilities or portion thereof agreed to by the City in accordance with the procedures for developer construction hereinbelow set forth in Sections 12 and · 13. (2) The City Council has determined, in its sole discretion, that such Poggi Cenyon/Salt Creek Facilities are imminent of construction. E·. Remedies of City if Letter of Credit procedure violated. In the event that a draw on the Letter of Credit is not honored on demand as herein provided, the beneficiary (e.g., the Developer) of the letter of Credit shall immediately deposit with the City the full amount thereof in cash, which shall be deemed to be a debt immediately due and payable of the beneficiary, and upon the failure to do so, the City is authorized among · other remedies, to institute litigation and to withhold approval of any additional permits or other entitlements. SECTION 7. Determination of Equivalent Development Units. Eech single family detached dwel/tng or single family attached dwelling shall be considered one EDU for purposes of this Fee. Each unit within a multi- family dwelling shall be considered. 75 EDU. Every other commercial, industrial, non-profit, public or quasi-public, or other usage shall be charged at a rate calculated in accordance with Figure 5, Page 9 of the Backup Plan. · SECTION 8. Time to Determine Amount Due; Advance Payment Prohibited. Unless the Letter of Credit Procedure is used, the Fee for each development 11-9 . Ordinance No. 2582 Page 7 shall be calculated at the time of building permit issuance and shall be the amount as indicated at that time and not when the tentative map or final map was granted or applied lor, or when the building permit plan check was conducted, or when application was made for the building permit. If the Letter of Credit Procedure is used, the amount of the Letter of Credit shall be determined at the time the Final Map is approved and shall be adjusted from time to time as the City determines appropriate. SECTION 9. Purpose and Use of Fee. The purpose of the Fee is to pay for the planning (including preparation of the Backup Plan), design, construction, repair, maintenance, and/or financing (including the cost of interest and other financing costs as appropriate) of the Facilities,' or reimbursement to the City or, at the discretion of the City if approved in advance in writing, other third parties for advancing costs actually incurred for planning, designing, constructing, or financing the Facilities. SECTION 10. Amount of Fee: Amendment of Master Fee Schedule. The Fee shall be calculated at the rate of $560 per EDU. Chapter XV of the Master Fee Schedule is hereby amended to add Section B, which shall read as follows: "B. Telegraph Canyon Sewer Pumped Flows Development Impact Fee. This section is intended to memorialize the key provisions of Ordinance No. 2547, but said Ordinance governs over the provisions of the Master Fee Schedule. For example, in the event of a conflict in interpretation between the Master Fee Schedule and the Ordinance, or in the event that additional rules applicable to the imposition of the Fee, the language of the Ordinance governs. a. Territory to which Fee applicable. The area of the City 01 Chula Vista to which the Fee herein established shall be applicable is set forth as an Exhibit to the Backup Plan, entitled "Developments Subject to Pumping (Pumped Flows Basin), Telegraph Canyon Sewer Basin, Improvement and Financing Plan Amendment, Incorporating Pumped Flows," shown as being "Prepared: June 23,1993" not yet revised, shall be referred to herein as the "Territory" or alternatively "Pumped Flows Basin" and is generally described as that area to the East 01 the Telegraph Canyon Sewer Basin, within the Salt Creek and Poggi Canyon Basins. 11-10 ---.- ,,-..__.,.._...~~- Ordinance No. 2582 Page 8 - b. Rate per EDU. The Fee shall be calculated at the rate of $560 per EDU, which rate shall be adjusted from time to time by the City Council. c. EDU calculation. Each single family detached dwelling or single family attached dwelling shall be considered one EDU for purposes of this Fee. Each unit within a multi-famity dwelling shall be considered. 75 EDU. Every other commercial, industrial, non-profit, public or quasi-public, or other usage shall be charged at a rate calculated in accordance with Figure 5, Page 9 of the Backup Plan. d. When Payable. The Fee shall be paid in cash not later than immediately prior to the issuance of a building permit, except that a Letter of Credit Procedure is permitted for this Fee in the adopting Ordinance, as same may. from time to time, be amended." The City Council intends to review the amount of the Fee annually or from - time to time. The City Council may, at such reviews, adjust the amount of this Fee as necessary to assure construction and operation of the Facilities, the reasons for which adjustments may include. but are limited to. the following: changes in the costs of the Facilities as may be reflected by such index as the Council deems appropriate, such as the Engineering-News Record Construction Index; changes in the type. size, location or cost of the Facilities to be financed by the Fee; changes in land use on approved tentative maps or Specific Plan Amendments; other sound engineering. financing and planning information. Adjustments to the above Fee may be made by resolution amending the Master Fee Schedule. SECTION 11. Authority for Accounting and Expenditures. The proceeds collected from the imposition of the Fee shall be deposited into a public facility financing fund ("Telegraph Canyon Sewer Basin Pumped Flows Development Impact Fee Fund", or alternatively herein "Fund" or "TCSBPF DIF Fund") which is hereby created and such proceeds shall be expended only for the purposes set forth in this ordinance. The Director of Finance is authQrized to establish various accounts within the Fund for the Facilities identified in this ordinance and to periodically make expenditures from the Fund for the purposes set forth herein in accordance with the facilities phasing plan or capital improvement plan - adopted by the City Council. 11-11 Ordinance No. 2582 Page 9 SECTION 12. Revision and Refund of Fees. A. Suspension. At such time ("Gravity Access Point in Time") as a parcel of property within the Territory is, in the opinion of the City Engineer, able to obtain sewer service by virtue of gravity sewer service available in the Salt Creek or the Poggi Canyon Basins, the Fee for such parcel shall be suspended. B. Refund. If the Fee has already been paid in cash for the parcel, the Fee shall be returned to the owner or owners of the property at the time the Council passes a written resolution certifying the completion of the entire planned Poggi/Salt Creek Facilities for the Poggi/Salt Creek Sewer Gravity Basin system, and then to each owner in a manner deemed fair and equitable by the City Council. In the absence of an alternative determination of fairness by the City Council. a refund which divides the remaining unused balance by the EDU's which contributed to the Fund shall be deemed a fair method. C. Release of Letters of Credit. If the cash payment of the Fee has been avoided by a developer by the deposit of a Letter of Credit pursuant to the Letter of Credit Procedure herein authorized, the Letter of Credit shall be released either (1) at such time that the City Council certifies by written resolution that the entire Poggi/Salt Creek Sewer Gravity Basin Facilities exists for all parts of the Salt Creek and Poggi Canyons or (2) at such sooner time as the City Council determines that the total balance of the letters of credit is not necessary to complete the planning, design and construction of the Facilities (i.e.. in Telegraph Canyon Sewer Basin), certifies the amount needed to complete construction of the Facilities. and authorizes the release of 75% of the remainder by written resolution. specifying the recipients of such released Letters of Credit in a fair and equitable manner. SECTION 13. Findings. The City Council finds that collection of the Fees established by this ordinance at the time of the building permit is necessary to ensure that funds will be available for the construction of facilities concurrent with the need for these facilities and to ensure certainty in the capital facilities budgeting for growth impacted public facilities. SECTION 14. Fee Additional to other Fees and Charges. The Fee established by this section is in addition to the requirements imposed by other City laws. policies or regulations relating to the 11-12 ----".------.. _ ___________.u. . Ordinance No. 2582 Pag e 10 - construction or the financing of the construction of public improvements within subdivisions or developments. and is specifically intended to be in addition to a development impact fee for the construction of the Poggi . Canyon and/or Salt Creek Sewer Gravity Basin Facilities, such that a payor of this fee may also be required to pay any development impact fee charged for such facilities. SECTION 15. Mandatory Oversizing of Facility: Duty to Tender Reimbursement Offer. Whenever a developer of a development project in the Territory of the Pumped Flows Basin is required 8S 8 condition of approval of an entitlement (a.g., General Plan Amendment. Pre-zoning, General Development Plan, SPA Plan, etc.) to cause a portion of the sewer system which is the subject matter of a Facilities enhancement planned for improvement under the Gravity Basin Plan to be oversized under the Beckup Plan, the City may require the developer to install the Facilities according to design specifications approved by the City. that being with the supplemental size or capacity in order to accommodate estimated u1timate flow as indicated in the Basin Plan and subsequent amendments. If such a requirement is imposed, the City shall first grant credits against the developer's obligation to pay the Fee, and, as to any excess. offer to reimburse the developer from the Fund either in cash or over time as Fees are collected. at the option of the City, for costs incurred by the developer for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Fee, and in an amount agreed to in advance of their expenditure in writing by the City. The City may update the Fee calculation as City deems appropriate prior to making such offer. This duty to extend credits or offer reimbursement shall be independent of the developer's obligation to pay the Fee. SECTION 17. Voluntary Construction of a Portion of the Facilities; Duty of City to Tender Reimbursement Offer. If a developer is willing and agrees in writing to design and construct a por- tion of the Facilities in conjunction with the prosecution of a development project within the Territory ("Work"). the City may, as part of the written agreement. grant credits against the Developer's obligation to pay the Fee, and may thereaher, use the proceeds of the Fund to reimburse the developer from the Fund either at the time the expenditures are incurred or over time as Fees are collected, at the option of the City, for costs incurred by the developer for the design and construction of the Facility not to exceed the est;mated cost of that par1icular Facility as included in the calculation and updating of the Fee, and in an amount agreed to in advance of their expenditure in writing by the City. The City may update the Fee calculation as City deems appropriate prior to making such offer. This duty 11-13 Ordinance No. 2582 Page 11 to extend credits or offer reimbursement shall be independent of the developer's obligation to pay the Fee. SECTION 18. Procedure for Entitlement to Reimbursement Offer. The City's extension of a credit or a reimbursement offer to a developer pursuant to Section 15 or 16 above shall be conditioned on the developer complying with the terms and conditions of this section: A. Written authorization shall be requested by the developer from the City and issued by the City Council by written resolution before developer may incur any costs eligible for reimbursement ralating to the Work. B. The request for authorization shall contain the following information, and such other information as may from time to time be requested by the City: (1) Detailed descriptions of the Work with the preliminary cost estimate. C. If the Council grants authorization, it shall be by written agreement with the Developer, and on the following conditions among such other conditions as the Council may from time to time impose: (1) Developer shall prepare all plans and specifications and submit same to the City for approval; (2) Developer shall secure and dedicate eny right-of-way required for the Work; (3) Developer shall secure all required permits and environmental clearances necessary for construction of the project; (4) Developer shall provide performance bonds in a form and amount, and with a surety satisfactory to the City; (5) Developer shall pay all City fees and costs. (6) The City shall be held harmless and indemnified, and upon demand by the City. defended by the developer for any of the costs and liabilities associated with the construction of the project. (7) The developer shall advance all necessary funds to design and construct the project. 11-14 ~...._---_.__._..- Ordinance No. 2582 Page 12 - (8) The developer shall secure at least three (3) Qualified bids for work to be done. The construction contract shall be granted to the lowest qualified bidder. Any claims for additional payment for extra work or charges during construction shall be justified and shall be documented to the satisfaction of the Director of Public Works. (9) The developer shall provide a detailed cost estimate which itemizes those costs of the construction attributable to the Work. The estimate is preliminary and subject to final determination by the Director of Public Works upon completion of the Public Facility Project. (10) The agreement may provide that upon determination of satisfactory incremental completion of a Facility, as approved and certified by the Director of Public Works, the City may pay the developer progress payments, or grant incremental credits, in an amount not to exceed 75 percent of the estimated cost of the construction completed to the time of the progress payment but shall provide in such case for the retention of 25% of such .. costs until issuance by the City of a Notice of Completion. (11 ) The agreement may provide that any funds owed to the developer as reimbursements may be applied to the developer's obligations to pay the Fee for building permits to be applied for in the future. (12) When all work has been completed to the satisfaction of the City, the dEweloper shall submit verification of payments made for the construction of the project to the City. The Director of Public Works shall make the final determination on expenditures which are eligible for reimbursement. (13) After final determination of expenditures eligible for reimbursement has been made by the Public Works Director, the parties may agree to offset the developer's duty to pay Fees required by this ordinance against the City's duty to reimburse the developer. (14) If, after offset if any. funds are due the developer under this section, the City shall reimburse the developer from the Fund either at the time the expenditures are incurred or over time as Fees are collectad, at the option of the City, for eligible costs incurred by the developer for the design and construction of the Facility not to exceed the estimated cost of thet particular Facility as included in the calculation and updating of the Fee; or - the developer may waive reimbursement and use the amount due 11-15 Ordinance No. 2582 Page 13 them as credit against future Development Impact Fee obligations. SECTION 18. Procedure for Fee Modification Any developer who, because of the nature or type of uses proposed for a development prDject, contends that application of the Fee imposed by this ordinance is unconstitutional or unrelated to mitigation of the burdens of the development, may apply to the City Council for a modification of the Fee and the manner in which it is calculated. The application shall be made in writing and filed with the City Clerk not later than ten (10) days after notice is given of the public hearing on the development permit application for the project. or if no development permit is required, at the time of the filing of the building permit applicetion. The application shall state in detail the factual basis for the claim of modification, and shall provide an engineering and accounting report showing the overall impact on the DlF and the ability of the City to complete construction of the Facilities by making the modification requested by the applicant. The City Council shall make reasonable efforts to consider the application within sixty (60) days after its filing. The decision of the City Council shall be final. The procedure provided by this section is additional to any other procedure authorized by law for protection or challenging the Fee imposed by this ordinance. SECTION 19. Fee Applicable to Public Agencies. Development projects by public agencies. including schools, shall not be exempt from the provisions of the Fee. SECTION 20. Assessment District. If any assessment or special taxing district is established to design. construct and pay for any or all of the Facilities ("Work Alternatively Financed"). the owner or developer of a project may apply to the City Council for reimbursement from the Fund in an amount equal to that portion of the cost included in the calculation of the Fee attributable to the Work Alternatively Financed. In this regard. the amount of the reimbursement shall be based on the costs included in the Backup Plan, as amended from time to time, and therefore, will not include any portion of the financing costs associated with the formation of the assessment or other special taxing district. 11-16 __m··____~_·___,·___ Ordinance No. 2582 Page 14 SECTION 21. Expiration of this Ordinance. This ordinance shall be of no further force and effect when the City Council determines that the amount of Fees which have been collected reaches an amount equal to the cost of the Facilities. SECTION 22. Time Limit for Judicial Action. Any judicial action or proceeding to attack, review, set aside, void or annul this ordinance shall be brought within the time period as established by Government Code Section 54995 after the effective date of this ordinance. SECTION 23. CECA Findings for Statutory Exemption. The City Council does hereby find that the Fee herein imposed is for the purposa of obtaining funds for capital projects necessary to majntain service within existing service areas. The Council finds. that the proposed Facilities are in existing rights of way parallel to or replacing existing sewer lines. Therefore, the City finds that the adoption of this Ordinance is statutorily exempt under the provisions of Public Resources Code Section 21080 (bl (8) and CECA Guidelines Section 15273. - SECTION 24. Other Not Previously Defined Terms. For the purposes of this ordinance. the following words or phrases shall be construed as defined in this Section, unless from the context it appears that a different meaning is intended. A. "Building Permit" means a permit required by and issued pursuant to the Uniform Building Code as adopted by reference by this City. B. "Developer" means the owner or developer of e development. C. "Development Permit" means any discretionary permit, entitlement or approval for a development project issued under any zoning or subdivision ordinance of the City, D. "Development Project" or "Development" means any activity described in Section 65927 and 65928 of thé State Government Code. E. "Single Family Attached· Dwelling" means a single family dwelling attached to another single family dwelling; each on their own lot. 11,...17 Ordinance No. 2582 Page 15 SECTION 25. Effective Date. This ordinance shall become effective sixty (60) days after its second reading and adoption. Presented by as to form r , . ~/t I I) I Bruce M. Boogaar ohn P. Lippitt Director of Public Works City Attorney 11-18 _ -.--.--...-.-.--..- Ordinance No. 2582 Page 16 - PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 15th day March, 1994, by the following vote: AYES: Councilmembers: Fox, Horton, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: CounciJmembers: None ,.-: /ht, - Tim Nader, Mayor ATTEST: ,,:( . '.' :/<; t-' I ;:'~:itl , j .U L;.(, L' Beverly A/ Authelet, City Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA) I, Beverly A. Authelet. City Clerk of the City of Chula Vista. California, do hereby certify that the foregoing Ordinance No. 2582 had its first reading on March B, 1994, and its second reading and adoption at a regular meeting of said City Council on the 15th day of March, 1994. Executed this 15th dáy of March. 1994. .·1 .- " ." \A ¡ . '- /' /- I(:.r . . ( «(.¿.(j,(~ [¿£~ . ..L ""-¿L;. ~ " Beverly A/ Authelet, City Clerk - 11-19 ATTACHMENT ¿, ORDINANCE NO. 2884 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING ORDINANCE 2582 TO ADD THE POGGI CANYON BASIN SEWER INTERCEPTOR AS ONE OF THE FACILITIES FINANCED BY THE TELEGRAPH CANYON SEWER PUMPED FLOWS DEVELOPMENT IMPACT FEE AND TO CHANGE THE NAME TO PUMPED SEWER DEVELOPMENT IMPACT FEE WHEREAS, developers of land within the City should be required to mitigate the burden created by development through the construction or improvement of sewer facilities within the boundaries of the development and either the construction or improvement of sewer facilities outside the boundaries of the development which are needed to provide service to the deve]opment in accordance with City standards or the payment of a fee to fInance a development's appropriate portion of the total cost of the sewer facilities; and WHEREAS, all development within the City contributes to the cumulative burden on various sewer facilities in direct relationship to the amount of population generated by the development or the gross acreage of the commercial or industrial land in the development; and WHEREAS, the Telegraph Canyon Sewer Pumped Flows Basin ("Pumped Flows . Basin") is that area of land shown on the map attached hereto as Exhibit "A" which map is generally comprised of those portions of Poggi Canyon and Sa]t Creek drainage basin within the City of Chula Vista, or its sphere of influence, from which wastewater will be collected and pumped into the Telegraph Canyon Sewer Basin ("Gravity Basin"); and WHEREAS, the City desires and desired to oversize the Gravity Basin sewer facilities as a backup plan in order to accommodate sewage flow from the Pumped Flows Basin in the event that flows from the Pumped Flows Basin, in combination with the Gravity Basin flows, exceed the capacity of the Gravity Basin sewage system before adequate alternate sewage facilities (gravity drainage, treatment plants, reclamation plants, etc.) are available in the Salt Creek and Poggi Canyon drainage basins to handle the pumped flows; and WHEREAS, this was and is intended to be a "backup plan" inasmuch as the City expects that the flows in the Pumped Flows Basin will, with the construction of the necessary sewer facilities ("Poggi Canyon/Salt Creek Facilities"), eventually drain by gravity flow into the Poggi Canyon and Salt Creek Sewer Basins ("Poggi Canyon/Salt Creek Sewer Gravity Basins"); and WHEREAS, at such time as it appears, at the sole discretion of the City Council, that such Poggi Canyon/Salt Creek Facilities are imminent of construction, it is the intention of the City Council to terminate the imposition of this Development Impact Fee, and further, at such time and in such manner as the City Council, in its sole discretion, detennines to be fair and equitable return any unused funds to the property owners existing at that time of the properties for which the fee was collected initially; and . WHEREAS, on February 25, 1992 the City Council passed Resolution No. 16518 approving an amendment to the agreement between the City of Chula Vista and Willdan Associates for preparation of said backup plan, therein referred to as the "amended plan"; and 11-20 ----- --.-- _..~-- · Ordinance 2884 Page 2 WHEREAS, on February 25, 1992 the City Council passed Resolution No. 16519 approving the first amendment to the Telegraph Canyon Basin Sewer Monitoring and Gravity Basin Usage Agreement which obligates EastLake to pay for the preparation of the 'íelegraph Canyon Sewer Basin Improvement and Financing Plan Amendment Incorporating Pumped Flows ("Backup Plan")". · WHEREAS, pursuant to said agreement with Wil1dan, Willdan Associates have prepared a proposed Backup Plan dated June 9, 1993 for approval by the City Council (herewith done); and WHEREAS, on September 2002, Post, Buckley, Schuh & Jerigan, Inc. (pBS&1) revised the abovementioned "Backup Plan" and prepared the report, titled "Pumped Sewer Development Impact Fee Engineering Study". In this engineering report, PBS&J recommended the continuation of the monitoring on the Telegraph Canyon Trunk Sewer and the use of the Poggi Canyon Basin Sewer Interceptor as an alternative to the Telegraph Canyon Sewer, since the Telegraph Canyon Trunk Sewer line was approaching threshold capacity; and · WHEREAS, the 2002, "Pumped Sewer Development Impact Fee Engineering Study" determined that new development within the Pumped Flows Basin will create adverse impacts on the City's existing sewer facilities within the Gravity Basin (to wit, that the sewage expected to be generated from new development within the Pumped Flows Basin, when combined with the sewage flows from the Gravity Basin, will exceed the capacity of the current sewer system in the Gravity Basin). These impacts must be mitigated by the financing and construction of certain sewer facilities identified in this ordinance; and WHEREAS, said 2002, "Pwnped Sewer Development Impact Fee Engineering Study" (1) includes an estimate of ultimate sewer flows anticipated from the Pumped Flows Basin; (2) recommends improvements to handle the combined incremental increases of sewage flow anticipated from the Pumped Flows Basin and from the Gravity Basin; and (3) establishes a fee · payable by persons obtaining building permits for developments within the Pumped Flows Basin benefiting from Gravity Basin trunk sewer improvements; and WHEREAS, sewer improvements and a fee to be levied on new developments in the Pumped Flows Basin have been justified in the proposed 2002, "Pumped Sewer Development Impact Fee Engineering Study"; and WHEREAS, the City Council determined, based upon the evidence presented at the Public Hearing, including, but not limited to, the 1993, ''Backup Plan", the 2002, "Pwnped Sewer Development Impact Fee Engineering Study" and the various reports and other information received by the City Council in the course of its business, that imposition of the sewer facilities development impact fee on all developments within the Pumped Flows Basin in · the City of ChuJa Vista for which building permits have not yet been issued is necessary in order to protect the public safety and welfare and to ensure effective implementation of the City's General Plan; and WHEREAS, the City Council has determined that the amount of the fee levied by this ordinance does not exceed the estimated cost of providing the public facilities. NOW, TIlEREFORE, TIlE CITY COUNCIL OF TIlE CITY OF CHUIA VISTA DOES ORDAIN AS FOLLOWS: · 11-21 Ordinance 2884 Page 3 SECTION I: That the Approval of Backup Plan set forth in Section 1 of Ordinance 2582 shall be amended to read as follows: "SECTION 1: Approval of Backup Plan. The City Council has independently reviewed the proposed Backup Plan herewith presented, finds that it is fair, reasonable and equitable to all parties, and herewith adopts same in the form on file with the City Clerk, and on file in the Office of the City Engineer. AJso, the City Council has independently reviewed the "2002, Pumped Sewer Development Impact Fee Engineering Study", herewith presented, finds that it is fair, reasonable and equitable to all parties, and herewith adopts same in the form on file with the City Clerk and on file in the Office of the City Engineer. " SECTION 2: That the list of Facilities set forth in Section 2 of Ordinance 2582, shall be amended to read as follows: "SECTION 2: Facilities Thefacilities which are the subject matter of the fee herein established are fully described in the 1993, ''Backup Plan" at page 24 thereof, and the locations at which they will be constructed are more fully described on Plates 1 through 14 under the section thereof entitled "Improvement Locations"; and in the 2002, "Pumped Sewer Development Impact Fee Engineering Study", Figure 6 Poggi Canyon Interceptor Improvements and Table 4, Poggi Canyon Interceptor Improvements - Required Due to Year 2005 Area of Benefit Pumped Flows, all of which facilities may be modified by the City Council from time to time by resolution ("Facilities"). The City Council may modify or amend the list of projects herein considered to be part of the facilities by written resolution in order to maintain compliance with the City's Capital Improvement Program or to reflect changes in land development and estimated and actual wastewater flow." SECTION 3: Tbat the Territory to Which Fee Is Applicable set forth in Section 3 of Ordinance 2582, shall be amended to read as follows: "SECTION 3; Territory to Which Fee Is Applicable Tbe area of the City of ChuIa Vista to which the fee herein established shall be applicable is set forth as an Exhibit to the Backup Plan, entitled "Developments Subject to Pumping (Pumped Flows Basin), Telegraph Canyon Sewer Basin, Improvement and Financing Plan Amendment, Incorporating Pumped Flows, shown as being "Prepared: June 23, 1993" not yet revised, shall be referred to herein as the 'Territory" or alternatively "Pumped Flows Basin" and is generally described as that area to the east of the Telegraph Canyon Sewer Basin, within the Salt Creek and Poggi Canyon Basins. This same area is also shown in the 2002, "Pumped Sewer Development Impact Fee Engineering Study"." SECTION 4: That the Purpose set forth in Section 4 of Ordinance 2582, shall be amended to read as follows: "SECTION 4: Purpose. 11-22 ------" ...__._-~--- .............-...---- Ordinance 2884 Page 4 By Ordinance No. 2533, the City Council approved a plan ("Gravity Basin Plan'') for the financing and construction of the sewer-related facilities necessary to serve only the sewage transmission demands for the Equivalent Dwelling Units (EDU's) in the Gravity Basin. The purpose of Ordinance No. 2582 and this ordinance is to provide the necessary financing to oversize, study and monitor such sewer-related facilities in the Telegraph Canyon Sewer Gravity Basin, as defined in Ordinance No. 2533, Section 2, Territory ("Gravity Basin"); and in the Poggi Canyon Sewer Basin, as defined in the 2002, "Pumped Sewer Development Impact Fee Engineering Study", to accommodate sewage flows pumped into the Telegraph and Poggi Canyon Gravity Basins from the Pumped Flows Basin." SECTION 5: That the Determination of Equivalent Dwelling Units set forth in Section 7 of Ordinance 2582, shall be amended to read as follows: "SECTION 7: Determination of Equivalent Development Units. Each single-family detached dwelIing or single-family attached dwelling shall be considered one EDU for purposes of this fee. Each unit within a multi- family dwelling shall be considered 0.75 EDU. Every other commercial, industrial, non-profit, public or quasi-public, or other usage shall be charged at a rate calculated in accordance with Table 1 of the 2002, "Pumped Sewer Development Impact Fee Engineering Study." SECTION 6: That the Purpose and Use of Fee set forth in Section 9 of Ordinance 2582, shall be amended to read as follows: "SECTION 9: Purpose and Use of Fee. The purpose of the fee is to pay for the planning (including preparation of the 1993, "Backup Plan" and the 2002, "Pumped Sewer Development hnpact Fee Engineering Study"), design, study, construction, repair, maintenance, and/or fmancing (including the cost of interest and other financing costs as appropriate) of the Facilities, or reimbursement to the City or, at the discretion of the City if approved in advance in writing, other third parties for advancing costs actually incurred for planning, designing, constructing, or financing the Facilities." SECTION 7: That the Amount of Fee; Amendment of Master Fee Schedule set forth in Section 10 of Ordinance 2582, shall be amended to read as follows: "SECTION 10: Amount of Fee; Amendment of Master Fee Schedule. The fee shall be calculated at the rate of $180 per EDU. Chapter XV of the Master Fee Schedule is hereby amended to add Section B, which shall read as follows: B. Pumped Sewer Development Impact Fee. This section is intended to memorialize the key provisions of Ordinance No. 2547, but said ordinance governs over the provisions of the Master Fee Schedule. For example, in the event of a conflict in interpretation between the Master Fee Schedule and the ordinance, or in the event those additional rules applicable to the imposition of the fee, the language of the ordinance governs. a. Territory to which Fee applicable. 11-23 Ordinance 2884 Page 5 The area of the City of Chula Vista to which the fee herein established shall be applicable is set forth as an Exhibit to the 1993, "Backup Plan", entitled "Developments Subject to j'umping Pumped Flows Basin", Telegraph Canyon Sewer Basin, Improvement and Financing Plan Amendment, Incorporating Pumped Flows", shown as being "Prepared: June 23, 1993" not yet revised, shall be referred to herein as the ''Territory or alternatively "Pumped Flows Basin" and is general] y described as that area to the east of the Telegraph Canyon Sewer Basin, within the Salt Creek and Poggi Canyon Basins. This same area is also shown in the 2002, "Pumped Sewer Development Impact Fee Engineering Study". b. Rate per EDU. The fee shall be calculated at the rate of $180 per EDU, which rate shall be adjusted from time to time by the City Council. c. EDU calculation. Each single-family detached dwelling or single-family attached dwelling shall be considered one EDU for purposes of this fee. Each unit within a multi-family dwelling shall be considered 0.75 EDU. Every other commercial, industrial, non-profit, public or quasi-public, or other usage shall be charged at a rate calculated in accordance with Table 1 of the 2002, "Pumped Sewer Development Impact Fee Engineering Study". d. When Payable. The fee shall be paid in cash not later than immediately prior to the issuance of a building permit, except that a Letter of Credit Procedure is permitted for this fee in the adopting ordinance, as same may, from time to time, be amended. The City Council intends to review the amount of the fee annually or from time to time. The City Council may, at such reviews, adjust the amount of this fee as necessary to assure construction and operation of the facilities, the reasons for which adjustments may include, but are limited to, the following: changes in the costs of the facilities as may be reflected by such index as the Council deems appropriate, such as the Engineering-News Record Construction Index; changes in the type, size, location or cost of the facilities to be financed by tlie fee; changes in land use on approved tentative maps or specific plan amendments; other sound engineering, financing and planning information. Adjustments to the above fee may be made by resolution amending the Master Fee Schedule. " SECTION 8: That the Authority for Accounting and Expenditures set forth in Section 11 of Ordinance 2582, shall be amended to read as follows: "SECTION 11: Authority for Accounting and Expenditures. The Telegraph Canyon Sewer Basin Pumped Flows Development Impact Fee Fund (TCSBPF DIF) will henceforth be referred to as Pumped Sewer Development Impact Fee (pS DIF). The proceeds collected from the imposition of the Fee (pS DIF) shall be deposited into a public facility fmancing fund ("Pumped Sewer Development Impact Fee 11-24 Ordinance 2884 Page 6 Fund", or alternatively herein "Fund" or "PS DIF Fund") and such proceeds shall be expended only for the purposes set forth in this ordinance. The Director of Finance is authorized to establish various accounts within the fund for the facilities identified in this ordinance and to periodically make expenditures from the fund for the purposes set forth herein in accordance with the facilities phasing plan or capital improvement plan adopted by the City Council. " SECTION 9: That the Findings set forth in Section 13 of Ordinance 2582, shall be amended to read as follows: "SECTION 13: Findings. The City Council fmds that collection of the fees established by this ordinance at the time of the building permit is necessary to ensure that funds will be available for the construction of facilities concurrent with the need for these facilities and to ensure certainty in the capital facilities budgeting for growth impacted public facilities. The City Council finds that developers of land within the City should be required to mitigate the burden created by development through the construction or improvement of sewer facilities within the boundaries of the development and either the construction or improvement of sewer facilities outside the boundaries of the development which are needed to provide service to the development in accordance with City standards or the payment of a fee to finance a development's appropriate portion of the total cost of the sewer facilities; and - The City Council finds that the legislative findings and determinations set forth in Ordinance 2582 continue to be true and correct; and The City Council finds, after consideration of the evidence presented to it, including the 2002, Pumped Sewer Development Impact Fee Engineering Study, prepared by PBS&J, that the inclusion of the Poggi Canyon Basin Sewer Interceptor as one of the facilities to be financed by the development impact fee and the change of the Telegraph Canyon Sewer Pwnped Flows Development Impact Fee to Pumped Sewer Development Impact Fee are necessary in order to assure adequate sewer service to the Pumped Flow Basin; and The City Council finds, based on the evidence presented at the meeting and the various reports and information received by the City Council in the ordinary course of its business, that the imposition of the Pumped Sewer Development Impact Fee on all development in the Pumped Flow Basin for which building permits have not been issued is neçessary in order to protect the public health, safety and welfare; and The City Council finds that the amount of the amended fees levied by this ordinance does not exceed the estimated cost of providing the sewer service to the developments within the Pumped Flow Basin; and The City Council fmds that it is appropriate to re-evaluate the development impact fee to reflect the findings of the 2002, Pumped Sewer Development Impact Fee Engineering Study and the inclusion of the Poggi Canyon Basin Sewer Interceptor as another alternative to diversion of the pwnped flows from the Pumped Flow Basin; and 11-25 ---- - ---~_.. --- . Ordinance 2884 Page 7 The City Council finds it is necessary to ensure the option to pumped flows to the Poggi Canyon Basin Sewer Interceptor before the threshold capacity limits are exceeded in the Telegraph Canyon Trunk Sewer and to ensure the timely payment to adequately fund ongoing and future sewer improvements, flow monitoring and studies required in the Telegraph Canyon Trunk Sewer and Poggi Canyon Basin Sewer Interceptor triggered by the pumped sewer flows." SECTION 10: That the Mandatory Oversizing of Facility; Duty to Tender Reimbursement Offer set forth in Section 15 of Ordinance 2582, shall be amended to read as follows: "SECTION 15: Mandatory Oversizing of Facility; Duty to Tender Reimbursement Offer. Whenever a developer of a development project in the territory of the Pumped Flows Basin is required as a condition of approval of an entitlement (e.g., General Plan Amendment, Pre-zoning, General Development Plan, SPA Plan, etc.) to cause a portion of the sewer system which is the subject matter of a facilities enhancement planned for improvement under the Gravity Basin Plan to be oversized under the 2002 "Pumped Sewer Development Impact Fee Engineering Study", the City may require the developer to install the facilities according to design specifications approved by the City, that being with the supplemental size or capacity in order to accommodate estimated ultimate flow as indicated in the Basin Plan and subsequent amendments. If such a requirement is imposed, the City shall first grant credits against the developer's obligation to pay the fee, and, as to any excess, offer to reimburse the developer from the fund either in cash or over time as fees are collected, at the option of the City, for costs incurred by the developer for the design and construction of the facility not to exceed the estimated cost of that particular facility as included in the calculation and updating of the fee, and in an amount agreed to in advance of their expenditure in writing by the City. The City may update the fee calculation, as City deems appropriate prior to making such offer. This duty to extend credits or offer reimbursement shall be independent of the developer's obligation to pay the fee." SECTION 11: That the Assessment District set forth in Section 20 of Ordinance 2582, shall be amended to read as follows: "SECTION 20: Assessment District. If any assessment or special taxing district is established to design, construct and pay for any or all of the facilities ("Work Altematively Financed"), the owner or developer of a project may apply to the City Council for reimbursement from the fund in an amount equal to that portion of the cost included in the calculation of the fee attributable to the Work Alternatively Financed. In this regard, the amount of the reimbursement shall be based on the costs included in the 2002, "Pwnped Sewer Development Impact Fee Engineering Study", as amended from time to time, and therefore, will not include any portion of the financing costs associated with the formation of the assessment or other special taxing district. " SECTION 12: That the Time Umit for Judicial Action set forth in Section 22 of Ordinance 2582, shall be amended to read as follows: "SECTION 22: Time Limit for Judicial Action. 11-26 .___.__ __"__ _ _~~__m··m · Ordinance 2884 Page 8 Any judicial action or proceeding to attack, review, set aside, void or anmù this ordinance shall be brought within the time period as established by law after the effective date of this ordinance. In accordance with Government Code Section 66020 (d) (1), the ninety-day approval period to which parties may protest begins upon the effective date of this ordinance." SECTION 13: That the CEQA Findings for Statutory Exemption set forth in Section 23 of Ordinance 2582, shall be amended to read as follows: · "SECTION 23: CEQA Findings for Statutory Exemption. The City Council does hereby find that the fee herein imposed is for the purpose of obtaining funds for capital projects necessary to maintain service within existing service areas. The Council finds that the proposed facilities are in existing rights-of-way parallel to Dr replacing existing sewer Jines. Therefore, the City finds that the adoption of this ordinance is statutorily exempt under the provisions of CEQA Guidelines Section 15282 (I)." SECTION 14: Effective Date. This ordinance shall become effective sixty (60) days after its secOnd reading and adoption. · Presented by Approved as to fonn by Of:?~~ ~. Kaheny Û Attomey 11-27 Ordinance 2884 Page 9 PASSED, APPROVED, and ADOPTED by the City Council of the City of ChuIa Vista, California, this 5th day of November, 2002, by the following vote: AYES: Councilrnembers: Davis, Padilla, Rindone, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None £1~gJ,{)kLf}G Shirley Horto , Mayor u A TrEST: ~ 6-U--:3. -g~ Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certifY that the foregoing Ordinance No. 2884 had its first reading at a regular meeting held on the 22nd day of October, 2002 and its second reading and adoption at a regular meeting of said City Council held on the 5th day of November, 2002. Executed this 5th day of November, 2002. ~JA..t3.~ Susan Bigelow, City Clerk ...- 11-:-28. .,.,~.- - ---- -----..--..--...-.--...- ! 19 ' Ii !:i nEXHIBIT / Ii:: !!ZII~~~~!tZ!11ZZîI!II!!tf!11 z 'm ' 0 - -~ !r- :i!!!!!!~~!!!!!!!~~aª!!!a~!~ ~ Ir- e ¡¡q;~;¡¡¡u¡¡¡¡!'IIIII~! li 1IllIlIPunlll' iuf' ;; =; n BIB UB I ¡ p. nnIB!¡;;;¡¡¡¡1 H!! I ¡¡ii¡¡iiHlllïlll " " II lit I!I " II 1/1 ëI ¡: ¡ <I ¡¡ a ¡ ¡ § I 11111111;;111111 U!!HH!l111I1I HUlin Q Hillin -I . JJ ~ I D' ~ . ' m ' · ~ I : !i!!!i l¡i¡¡~1 ¡ I!¡¡ !i!liilj ~ c ~ -.- ~ -I ~ ~ I I ' · ~ i~11 ~II~" II!! ill'l, I j ~ I ~ t ~ ;;IIÎ ¡¡IIII § ¡1¡¡!I!¡i~I!1 : . m> I enr~;gO " I; ~i~ :!J I ~'! .10' 0 I' ~ I~!, il; j! ~ il¡!¡li¡¡liii ~ mm"ll~~ PI ~ ~ I 'il I I' I J"W! :eG)o¡:¡ ~ ~ '11111: II! !! !ol ¡iln JJ:I:I ~ ¡: ~ 0 II ¡ Irl ' It . ¡'I' I' "i· I' m»i~() ~ 111:1, Ilii . ilfillll¡li! Ii i! ~ dl 21 r- JJ "'U m :1:1 0 -:t (") ~ ~ (") r II ¡¡IIi ~ ! . Ulllil :I!¡ ~ g š: ~cc: ¡ . ! '" ~ 'I II '¡I r; z "'U (') Cf ~ II! !a ~ i i!¡dil ~ :c JJ»ê~~ II" o· I ~ r ¡ 0 )0 Ii ; ! !I!.!;' z "0 Oz (") -I > I.:! 0 ~ 'IP, r 1 ~ < -I, 3: II!: ~ ~¡ ~II ~¡I ~ -< - m ° z i; I II!! Iii ¡¡~i ~ mo Z -1-< ~Zo ! II ~ ' I Iii ¡;; . ;' ¡,... m "II ~ I ,,,.1 ,:! 11'1 '" ii!~ 'i I. ~ Z rn '" -I ~ '" en > ~~- 9 , I!~I ~ 0 I ' 1" ' . n H II . -.- ~> ~ ~ ! ¿ p~ Ii! ~ìH I, ~!iil ~ I ~ hi! ~ ~ H P ¡ <¡ ¡Ii ~ ! ìll . 'il" ~".' ! .¡ ~ h' II. .. ~ ~ ~ ~ ~ .. ,:1 r ~ J ,.;>;".; ~4 , -< I' 11< ; ~ i'.!. ~ ~ ii 11-29 ... ~ . ~ ',.. . .----.- ----~-- --- --- n EXHI8iT 2- IMPLEMENTATION FIGURE 17 SEWER SEGMENTS AND COSTS FOR PuMPING IMPROVEMENTS ONLY MH MH Add'l Improvement Length Unit Total Phase Down Up Size Type (Feet) Cost ($) ($) (Inches) Diff. Al 55 65 5 Pardl1el 4.400 82.00 360,800 ¡ A2 65 78 3 Paral1el 6,900 12.00 82,800 A3 78 80 5 Parrtllel 1,200 22.00 26,400 A4 i 80 81 15 ParrtlJel 600 82.00 49,200 AS 81 84 5 Parallel 1,800 22.00 39,600 A6 84 95 15 Parallel 6,320 82.00 518,240 B 107A 109 15 Parallel 600 82.00 49,200 Cl 46 52 6 Parallel 1,770 26.00 46,020 C2 52 55 6 Pardl1el 280 26.00 7,280 Dl 31 32 27 Replace 430 160.00 68,800 D2 32 34 3 RepJace 900 16.00 14,400 D3 34 41 9 Parrtllel 2,440 40.00 97.600 E 1 4 27 Replace 970 160.00 155,200 F 95 103 12 Parrtllel 3,000 ·70.00 210,000 G1 8 11 21 Replace 590 130.00 76,700 G2 12 31 21 Replace 6,620 130.00 860,600 H 41 46 12 Parallel 1,490 70.00 104,300 1 4 6 24 Replace 260 144.00 37,440 CONSTRUCflON TOTAL 40,570 2,804,580 Engineering, Inspection, Surveying @ IS % 420,687 Contingencies @ 25 % 806,317 SUBTOTAL 4,031,584 Monitoring @ $3,000 each MH Up-Down: 6-8 and 105-107 6,000 Fee Report and Analysis 31,000 TOTAL 4,068,584 City Administration @ 2 % 81,372 GRAND TOTAL 4,149,956 Telegraph Canyon Sewer Basin Improvemen! and Financing Plan 'f4 -30 Incorporaring Pumped Rows _._.."--~ · · · IMPROVEMENT LOCATIONS (GRAVITY + PUMPED) · Plates I - 14 on the folJowing pages identify the location of recommended · replacement or relief sewers for bOTh the gravity and pumped conditions. · Replacement/Relief Sewer Between Manholes See Plate No. · 107A & 109 13 95 & 103 12 & 13 · 55 & 95 5,6,7,8,9, 10, II, & 12 46 & 55 5 · 41 & 46 4&5 · 34 & 41 4 31 & 34 3 & 4 · 12 & 31 1,2, & 3 8 & 11 I · 4&6 ] 1 & 4 1 II .. II .. II II Tdt'graph Canyon SeWN B(L\'in ImprcH't'nU'nr and Financing Plan · 11-31 InC(Jrporaring Pumped Flows · I ë u ~zZ E u I > VI 0'" e ->--' > 0. ... 0 .§ Z - 0 <t:~a: IJ.. N u "' --' W 0 ::>II- ~ ~ ~ " ~ I (L (f) - I z-!... u U",'" ~ c lL. a::E ~ Q) ®~ u ~ UJ E OC>a:: « -' E Ww -' (j) '" 0 >- -' 0. U 0 I-W~ I ...., vo ~ _I-W ë U VI u c .. ~ I . I ~ ~ ~ ! ~. i! I ;::¡ Q =;! ~, ::) ~ þ.o,J'é.. ~ n g! §! u¡ þ.O\~ ... is è is 8 ~ W " I - ~~ ~ e1œ©oo "" N J'é.rr'é.\>.SOl"l co ~! I _<r.: ;::¡ ::) u¡ "" I ~ .~ § ò: + · ;::¡ > ::) ~ u¡ Õ '" · '" '" ;::¡ N ::) u¡ '" · ;::> r- þ.o,J'é.. ::) r- u¡ :"': '" ~ · "" ;::¡ N ::) u¡ '" '" · r- '" N ;::> ::) u¡ 0- '" · \C ') r- "" \t>\C~S~ N I ;::¡ ::) u¡ · '2 - ;:; 11-32 . 0 \t\\<'ce\'\O' SaS' ~\e¡; - - , ë ;:ZZ ::0 · E 0 · "'0" u¡ > s:>-ä: V " E '" ~ z - '" 0 <{ ~ Q; La.. ~ N .- " ...J '" ° ~ ~Z-." ..2 =>",1- N 0 ~ x a.. VI N '" · U .. - ~ lL.~~ W c W · I- ...J E O~a:: <: .. g ...J lLJ .J' u >-w3. a.. vo 0 !::I-W ~ U vo · ë Š " ~ · þ.\j'é.. . ~ ~ ~ i ~ ~ i! o = d ªi m P: i ~ i " .!..¡¡8 oo~ ~ 81 ~@OO~ !I. ; " . .' .~ ::0 ::0 0 0 u¡ u¡ ~ '" ~ <:> '" ö; N + ';;: ~ "ð> õ Q) ~ :::J (f) 0 u¡ -"? 00 '" '" 00 - 11-33 ë '" z · >-z'" E t/) 0 -I V · >fD.. > e ~ '" 0: "- ® Ò .5 «uw 0 -' >- a :JrV) f"") OJ '" :r:c..", " .., uc:t~ w ~z-,- · 0: >- .., ~oa: <{ c · 4J 4J -' E 4J E r...J::. 0.. -' >-4J4J '" 0 · ül-tJ') U ~ V> · ë u E ~ · · -~~ . =1 ! š ~ I ~1 . -' u r. '" ~ C i! .,. '" ¡ ~ ~ i 4J OOg o = ã i i if .,. >- ~I '" .Ii: ~ ~ ~ -' ! ~. ~ ~~è; h . '" . \6!& ~ 01 ~ @ 00 =>1 -, l.:.;i ~j ~~ .~ => Q 5 3 '" ~ E ö: + ; -;; ¡: 0 OO~ :J ~ ~ Q ,<á ..," '" 0 0 v - r- ~ - ~ 6") ~. 1>," . N :::; v (f co .-0') ~ =>1 ~, ~j ~~ N .,. 's w N I~ ~ ~I ~g 0'. ~ Š v 11-34 c' __on --- - «z ~ ~Z:<I ...J E VI O...J ... ~ ~ >;;:"-- w e «0:"- t- '" ê" juw 0 « 0 .- :::> t- ... ...J N ..2 I¡¡:~ '" " ~ u«:;:¡ ~ ~ u 0: Z-!... -g I.&..Oa: c::( 11,I 0WlLJ...J I.&J E >-...J~ Q.. ;i g t:~w o g (,) (J) VI . " 1! b u to ... ~ o ~ ~ CC ~ . c; '" ~ ~ ~ ~ I (,j ~~~! ..c; 25 i~.! Ii ~ '" O=ã~~¡H ~ r- :~u. e~ &, ¡;::: z ~iè~h ;l "~e1~@~ ';;, .~ ;::¡ ...J 0 « '" 0: ." ~. ~ ~ ~~« :: ...J _ "" ~ 0... ® ! ~ :., + ,;: ~ c5 ;::¡ o '" o ~ o r- oo,! ¡ .. .. '"' '" '" '"' N ;::¡ ...J o « OJ 0: ; w - I- « ...J :., ~ ( ) :;:¡ (J) ....., 11-35 .. . .. E ~Z:z .. u E ",0« u >>-~ V " > E z - 0 c. 4;3 a:: ~ N § ~z-~ 5 ~ 0 .. '" :r:rV'l It} -0 u"-« u ~~::E þ: -0 W c o~a: <I: ...J ë I ~ « E )-...JlLJ ....J .. U 0 t- w 3: a.. In u _>-w e u In · « E a:: u « w E a:: " II >- u w « · >- . « ...J ...J ;, . II <C :J ~ 0 . ! OJ- · 0 ~j ~.: s :I'" I ~ '"' Q ~;! m' .. '" '" ~ H q j! .,. =~~~¡¡~ II ~ ~ 81 ~© ~ .. ~ ¡..'i'<-' _:,I; ~ :J 0 ~ H ~ 5 E ~ ö: + to "f5I ~ ~ õ $- ... ® :J ~j 0 '" ~ '"' 0 !::: ...J « a:: w >- « ...J :0 sl " ;:zz " 0 r- ¡; ",0« > _>--J v ~1 0 > zo. - Ò :;. .ê <f<trr u.. ° -,uw 0 N · ~J:t;; \D ,£ ~ " u"-« oo~ " z-=- " «::;: w " u. c: I- 0 ~ : w " o CI a: <I: --' E Ww --' ~ '. E >-d3: a.. . « 0 U " =t-W '" ~ u '" DR. · " " ~ :::0 0 ¡¡, a ~ L!.J :::0 n · a 00 '" - · , r::¡ N ~ N v", C'íl . I Ni 0 · " · " ~... !! 0 ;;! ~I z H8i ~I "0 w ~ " ~!~ s~ & ~ e1~@OO c: 0 2 <J .~ ~ :::0 .s::: a ª" L!.J 5> ~ = ~ ~ c:; ~ + > ~ ;21 ~ 0 "';, :::0 ~ ~j a L!.J '" '" '""' ~ :::1 ~ '" :::0 ~ a L!.J r-I žJ ~ ~ Ç08 <J~B1SJ<JWI l 11-37 . . ------ --....- ------- ë <[ z Ë ~ð<{ · _ >-...J V ~I > >zc... - Ò e <t<[a::: I.J.. ~ 0 E ...Juw 0 N .- ::>:I:~ t-- " "' ~ " .2 iJa..« I ~j z-!... "0 <[::¡; w · "- a: >- "0 oOer <:( w = 0 · "'W ...J .;-~-<' ...J E rd:: c... <[ E ~;¡ <.> 0 t:rw '" " <.> '" )¡,,;¡ ~ ...J · <[ ~O~Jý ë a: · w E >- ~ <[ g ...J . :" ~ ~ ! ~ . ¡;.; 0 -' E ~ i! ~, ~1 0 ~:i ~I b z d" j ~ ~ ~ a g en ~ . !. ~ " 0 oo~ 0: 0 ~ 81 ~ @ 00 c: r- S : ~ " c: (j ~:JJ ~ ...c::: 0 ê- ...J u.¡ <[ 5, a: J:i w >- " C1) <[ ¿; - ...J ,!E . + IX> > E Q ~ 0 ~~ u.¡ r- ~ = co N " ::: ...J <[ ~~ a: w >- ã : <[ . ;:¡ ...J ~ 0 u.¡ ~I ~. .... i ;::;1 '" ...J - <[ - a: OJ'":! '" >- -, <[ N ...J :" ~ ~' ! ~ . 11-38 .-~~....--._.-- « 2: ¡¡ 1--2:« E ",0-, ... u ->-0.. > >2: - e <t<ra:: lI.. 0 "- .§ Uw 0 0 -' I-- N , ~:Z:::V'I II) " I 0..« ~:z-~ ." Uq:~ W u ,,-0:: I-- -g o C) a:: <t u Ww -' W E >-..,.J3 a.. -' E « 0 I--w", U u U~IJ) '" ~ . ë 0 c Õo ~ · ~ ~ I ~;: 15 l!i "- !§f ~ : · J "' Q · P i ~ .... Z fi t S · "ì! ª ~ W ~ .I!i w ~ !i ~ 81 rn 00 !> "U .v. :oJ ~ a 0 ;;,,¡ a: ~ c: ~ '" 0 ¿ .... >. c: + ~ c:...> ~ ..c: c. 0 OO~ f!! 0'1 ::J ! ~ Q) a Ñ ~ ~ '" '" PAS 0 ~ ~ I ::J a '" I ~ c~ ~. '" " , I i I 11-39 . '-'-'''-''-'~'-'-'''-- ._~_. I « z .. ~Z<t I: 1I)0.-J E >->-Il. v ~ z- . e <[ « a::: lI... o c.. ...Juw 0 I ~ .§ ::::¡:r;t;; 0' ... Ic..<t ~ II S: u<C:;:E lLJ Z-~ "0 LLC:: ~ - ~ Ol:'c:t: <t I.LJ ~ WW-1 I ....J E r...J3; a. oCt e .....~w t; g ü C/) ~ . " I ~ ~ . ~ I ~j ~ i " " ! I i ~ ! u Q ~~~i ~-~ Z 15 ~ 3 t- . . . ~ ..J ~~~" ª. I ê ~ 81 ~: © 00 - . I! - N ~ ..J _ I ~ ~ => I : . ..() E ~ 0: 1\: 7: e 1%0 ~ 6 to '" I ~ ~ - % ~ Y" I I I . ~ => ,;:, '" '" r-, I 11-4 0 ~l ::-v___ ._mm I E ~Z:z I " ",0" E -)oo....J V · >zo.. - 0 ~ J <t <{ cr lL. ° ...Juw 0 N ::> >- I " I J: IJ) 0 ~ " '" Uo.<{ - z-!... " "::¡ W " ... a: >- w 2! 000: <l ..J " lUlU ..J " E >-~3 c.. I E u 0 t:I-W '" 0 u V> ~ · ë " · I ¡¡, ~ . I ~ ~ ! !¡ " i' !! I 0 ~ : ~ u Z d8~ if ~ ~~~ ~~ I ,ö~ ~ e1~@OO ~ ~o I ~ ~:r. ::¡ ~ 0 '" ý~ ~ · ~ 0: ~ ~ ~ · ~j ~ õ · ::¡ 0 '" '" '" '" · N - I I I · · · 11-41 I E '" z ....z'" Ë ",0-, " >~c.. ~ > ò e <t ex: a:. ~ ~ I ° .5 .JUlLJ 0 N " ::>I~ = "' J:o..", ~z-~ ~ u<t:¡: I.J,J " ,,-'" .... ~ oC>cr. <r c w " Ww -' -' E >- ~ ~ Q.. '" E t=l-lIJ () c " () '" '" ~ . E " E " ~ . ~ "; !! ~ ~ ! 0 ;;Š I- ,Ó6! z H d ~I ~ w H H ~~ CJ Vo ~ 81 ~©OO ~@. V ý~ ~ .v: ~6I ::> ~ 0 L:J ~ 0:: + e 0 ::> 0 L:J r, 0 N N ::>1 0, í.:J1 r ~j r - r 11 -42 I I I ¡; ;:zz · "'o<{ E I · »~ v ò > z - e ~ « a:: I.&... 0 ~ N E -suw 0 -- ~:x::;; N ~ " - Z-. .!! UQ..<{ - .. u. ~::e ~ I · w ] o C> Q: c: --' · Ww --' <t E ,...~~ Q.. <> § '" t::¡-w 0 <> '" I ~ UTGERS AVE. · ë o..--;?" ~ X- I ® . ~ I -' ; ~ i ~ i:s !! ~, Q = Z i !~ I ~I ~ m E Š u i äl ~1 ~ c¡.!~~~H ~ '" ~ 81 œ @ 00 a ~, % :> ~ J ß -~ :0 0 ""' I '"" ~ E ~ 0.. i + ~ 0 , :0 0 ""' ~ '" ... :01 -:: I C:! c; I ~j I ~ I ~ I <6 ~ ß I ~ i:.O 'e' I ~ ,I $- , , -43 ë' ~J .' " ~z:¡ V) O..J v u ->-CI.. _ e >z "'- .. > <t~f5 0 Ò e ~ 5J:t;) ~ I 0 .5 OJ " IQ.<t .. .E u« ~ I.U 0:: .... ~z-,- " I.L. C) D: <t @ .. 1! °WIJJ ..J '" ~ >- ...J 3: CI.. .' ..J ...."'"' <t E ül-V) U 0 - u V> ~ . " I .. E .. x ® ~ +; ~ I - %- .~ . I ~ 0 ." I B I ¡ ~ ~ Ii ®\ ~ Q = q ! ~ ~ ~ !; u ~ i1j H ~ h I ~ ~ 01 œ@oo Q '" I '"' 0 ~ N N ;:, - Q '" · ~ § 0:: I ~® + ~ .;: ~ ~ Sl-Á- Õ · -> ""Á- "0 ~ ŒJ ß · '" ~ 0 ~ '" , ® , · ~ Q '" , ~ -I · · 11-44 · ~ '" z · ,...z'" I E V'l0....J "d" · >~a.. - > ~ Ò 2 <{cfa: L&.. 0 E . -Iuw 0 N ._ ~ t- o. ::r:J:(f) 'It ~z-~ ..s u a..<{ - -0 « ~ LIJ u ~ 0: t- og 0 ~a: <{ LÞ. o\E.Þ.'i~ w · W ..J ..J e >...J:: a. '" S !::~LIJ ® U VI ~ (..) (f1 · ~ · E " ~ ~ . ~ I ~ . ! 0 I ( ') · " ~ ~ i! ~ ¡ 0 . I o = H II - 00 5 zoS¡ä ~ ~ n ã ; ~ ~ ~ ~ e1 ~ © ~ - I .~ ::0 ¡:¡ II< '"0 I ~ I ¡>.....-¡¡Þ-i ";; ~ I E.'i'þ.~ ~ ...\..þ..... 0 I <.þ.S ::0 I ¡:¡ II< .,. I ;;; N I - "" .,. ::: , - * - - 11-45 ORDINANCE NO. URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REPEALING ORDINANCE 2884 RELATING TO THE PUMPED SEWER DEVELOPMENT IMP ACT FEE. WHEREAS, the City's General Plan requires adequate, safe sewerage facilities to be available to accommodate the increase flow created by new development; and, WHEREAS, the City Council determined that potential delays in the construction of the Salt Creek Sewer interceptor would adversely impact the City's ability to accommodate said increased flows; and, WHEREAS, the City Council allowed the temporary diversion of pumped flows ftom the Salt Creek Basin to the Telegraph Canyon Hasin and later to the Poggi Basin: and, WHEREAS, Ordinance 2884 established a Development Impact Fee which recognized the importance of enhanced facilities within the gravity sewer basins of Poggi and Telegraph Canyon and levied a fee on new development within the Salt Creek Basin to pay for enhanced facilities within the gravity basins; and, WHEREAS, the Salt Creek sewer interceptor is complete and collecting the fees ftOll the Pumped Sewer Development Impact Fee is no longer needed to protect the public's health, safety and welfare or to assume effective implementation of the City's General Plan. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION 1. Ordinance 2884, is hereby repealed in its entirety SECTION 2. Findings of Urgency. That the City Council of the City of Chula Vista finds that it is necessary that the repeal of the Pumped Sewer Development Impact Fee go into effect immediately because all of the facilities identified in Section 2 of Ordinance 2884 have been constructed. The repeal of Ordinance 2884 must become effective immediately to ensure that developers within the area of benefit pay only for their fair share for the costs of inftastructure improvements serving their development. Section 3. This ordinance shall talœ effect immediately upon 4/5ths vote of the City Council. Section 4. This ordinance shall be effective for a period of thirty days. 11 -46 Ordinance . Page 2 Presented by Approved as to form by {}A" r~ Jack Griffin Ann Moore Director of General Services City Attorney . 11 -47 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REPEALING ORDINANCE 2884 RELATING TO THE PUMPED SEWER DEVELOPMENT IMP ACT FEE. WHEREAS, the City's General Plan requires adequate, safe sewerage facilities to be available to accommodate the increase flow created by new development; and, WHEREAS, the City Council determined that potential delays in the construction of the Salt Creek Sewer interceptor would adversely impact the City's ability to accommodate said increased flows; and, WHEREAS, the City Council allowed the temporary diversion of pumped flows ftom the Salt Creek Basin to the Telegraph Canyon Basin and later to the Poggi Basin: and, WHEREAS, Ordinance 2884 established a Development Impact Fee which recognized the importance of enhanced facilities within the gravity sewer basins of Poggi and Telegraph Canyon and levied a fee on new development within the Salt Creek Basin to pay for enhanced facilities within the gravity basins; and, WHEREAS, the Salt Creek sewer interceptor is complete and collecting the fees ftom the Pumped Sewer Development Impact Fee is no longer needed to protect the public's health, safety and welfare or to assume effective implementation of the City's General Plan. NOW, THEREFORE, the City Council of the City ofChula Vista does ordain as follows: SECTION 1. Ordinance 2884, is hereby repealed in its entirety SECTION 2. This ordinance shall take effect and be in full force 30 days after its adoption Presented by Approved as to form by Jack Griffin J,h" f ¡'II¡µ~- Moore Director of General Services City Attorney 11-48 "_11 U RESOLUTION NO. 2004- RESOLUTION APPROPRIATING THE UN-APPROPRIATED BALANCE OF FUNDS IN THE PUMPED SEWER DIP FUND TO THE TELEGRAPH CANYON TRUNK SEWER IMPROVEMENT PROJECT (SW224) WHEREAS, on March 15, 1994, the City Council adopted Ordinance No. 2582, which established the Telegraph Canyon Sewer Basin Pumped Flows Development Impact Fee to fund improvements to the Telegraph Canyon sewer main due to out-of-basin flows fiom the Salt Creek Basin; and, WHEREAS, on October 22, 2002, this fee was amended by Ordinance No. 2884 to rename it the Pumped Sewer Development Impact Fee (Pumped Sewer DIP) and to allow the use of either Telegraph Canyon Trunk Sewer or the Poggi Canyon Trunk Sewer to convey the out-of-basin flows; and, WHEREAS, due to the presence of pumped flows in the Telegraph Canyon Trunk Sewer, the City was required to build certain improvements to that trunk sewer in order to continue to accommodate pumped flows, pending the completion of the Salt Creek Trunk Sewer; and WHEREAS, there are available funds in the Pumped Sewer DIP that were collected for the purpose of constructing improvements to the Telegraph Canyon Trunk Sewer to accommodate pumped flows. NOW, THERFORE BE IT RESOLVED, that the City Council of the City Chula Vista does hereby approve the resolution appropriating the un-appropriated balance of funds in the Pumped Sewer DIP fund to the Telegraph Canyon Trunk Sewer Improvement Project (SW224). Presented by Approved as to form by fl¿i. f> 4& Jack Griffm Moore Director of General Services CIty Attorney 11-49 COUNCIL AGENDA STATEMENT Item: };< Meeting Date:11123/04 ITEM TITLE: Resolution amending the FY05 Library Department budget by appropriating unanticipated Even Start grant augmentation funds in the amount of $18,833 for expenditures associated with the Chula Vista Literacy Team's Even Start Family Literacy grø SUBMITTED BY: Assistant City Manager/Library Direct fr REVIEWED BY: City Manager. r' j) (4I5ths Vote: YES X NO-> The Chula Vista Literacy Team recently received notice from the California Department of Education of a one-time augmentation to the Even Start grant in the amount of $18,833. STAFF RECOMMENDATION: That Council adopt the resolution amending the FY05 Library Department budget by appropriating unanticipated Even Start grant augmentation funds in the amount of $18,833 for expenditures associated with the Chula Vista Literacy Team's Even Start Family Literacy grant. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: In September 2003, the Chula Vista Public Library, in collaboration with the Chula Vista Elementary School District, was awarded a four-year California Department of Education Even Start Familv Literacv Proaram grant. Even Start is a federally funded, intergenerational family literacy program. It is designed to provide intensive in-home and center-based services to parents and their young children considered at high risk for future academic failure and continuing cycles of poverty. The Library partners with the Chula Vista Elementary School District, which is the primary agency providing Even Start family literacy services. As the fiscal agent, the Library is required to pass $17,333 in grant augmentation funds through to the District to pay for program activities and supplies. The remaining $1,500 will be used to purchase instructional materials for the Literacy Team Center. FISCAL IMPACT: The one-time grant augmentation, in the amount of $18,833, will be appropriated into the current year Library budget. 12-1 RESOLUTION NO. 2004- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 05 LIBRARY DEPARTMENT BUDGET BY APPROPRIATING UNANTICIPATED EVEN START GRANT AUGMENTATION FUNDS IN THE AMOUNT OF $18,833 FOR EXPENDITRUES ASSOCIATED WITH THE CHULA VISTA LITERACY TEAM'S EVEN START FAMILY LITERACY GRANT WHEREAS, in September 2003, the Chula Vista Public Library, in collaboration with the Chula Vista Elementary School District, was awarded a four-year California Department of Education Even Start Family Literacy Program grant; and WHEREAS, the grant is designed to provide intensive in-home and center-based services to parents and their young children considered high risk for future academic failure and continuing cycles of poverty; and WHEREAS, as the fiscal agent, the Library is required to pass $17,333 in grant augmentation funds through to the District to pay for program activities and supplies. The remaining $1,500 will be used to purchase instructional materials for the Literacy Team Center. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend the fiscal year 2005 Library Department by appropriating unanticipated Even Start grant augmentation funds in the amount of $18,833 for expenditures associated with the Chula Vista Literacy Team's Even Start Family Literacy grant. Presented by Approved as to form by ~{OJ\ \f\\)L~\\ David Palmer , Ann Moore Assistant City Manager/Library Director City Attorney J:\attorney\reso\finance\Amend FY 05 Library Dept Even Start 12-2 .... .. COUNCIL AGENDA STATEMENT Item: /.3 Meeting Date: 11/23/04 ITEM TITLE: RESOLUTION ACCEPTING $454,112 FROM THE OFFICE OF TRAFFIC SAFETY FOR DUI ENFORCEMENT GRANTS, ADDING ONE POLICE AGENT AND ONE PEACE OFFICER, AMENDING THE FY 2004/2005 POLICE BUDGET, AND APPROPRIATING FUNDS THEREFOR. %- SUBMITTED BY: Chief of Polic REVIEWED BY: City Manager (4/5ths Vote: Yes]LNo -> The Police Department has received funding from the Office of Traffic Safety for the creation of a dedicated DUI Enforcement Team consisting of one Agent and one Officer, as well as the enforcement of Minor Decoy, Shoulder Tap and Special Events operations. The main goal of these programs is to reduce the incidence of alcohol-related offenses and underage drinking. RECOMMENDATION: That Council adopt the resolution accepting $454,112 from the Office of Traffic Safety for DUI enforcement grants, adding one Police Agent and one Peace Officer, amending the FY 2004/2005 Police budget by appropriating $134,350 in Personnel Services, $10,000 in Supplies and Services, and $39,747 for Capital Equipment. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: The Police Department has determined through an analysis of its traffic records that driving under the influence (DUI) is increasing as a major cause of traffic- related injuries and fatalities. On average, the blood alcohol content of those arrested for DUI has been more than double the legal limit. The percentage of fatal and injury collisions in which DUI was the primary factor has been at least 7% during the past four years. In 2003, 33% of DUI arrests within the City of Chula Vista resulted from collisions. In order to improve these statistics and address this issue, the Department proposes creating a dedicated DUI Enforcement Team consisting of one Police 13-1 - --" _u_"'_' _____ ,. Page 2,ltem: 13 Meeting Date: 11/23/04 Agent and one Peace Officer, with the primary goal of reducing alcohol-involved collisions. The DUI Team will develop and implement a program focusing on enforcement and educational efforts. For the enforcement component of the program, monthly DUI checkpoints and saturation patrols will be conducted along with enhanced traffic safety enforcement. our arrest records and collision statistics will determine locations and timing of enforcement activities. As part of an educational initiative, the our Enforcement Team will develop a strong community awareness campaign informing the public of our efforts of creating a safer traffic environment in our city. Signs and promotional materials will be utilized to educate the public to the dangers of driving under the influence of alcohol. Additionally, the DUI Enforcement Team will establish and implement a "Life Interrupted" program for high school and community college students, as well as supplement those programs already in place at the junior high/middle school level. To further enhance the DUI enforcement efforts, the Department will participate in the DUI Pace Car Grant, which is also funded through the Office of Traffic Safety and administered by the San Diego Police Department (SDPD). SDPD will reimburse the Chula Vista Police Department for overtime worked by its officers in support of the DUr Pace Car Grant, which involves the enforcement of Minor Decoy, Shoulder Tap, DUI and Special Events operations. rt is estimated that Chula Vista's cost to participate in this project will be $4,000. The Police Department believes that its DUr enforcement efforts will provide invaluable benefits to the Chula Vista community. A team dedicated to this vital issue will reduce alcohol-related offenses and increase awareness of the dangers of driving under the influence. Because driving under the influence will continue to be an issue within our City, it is the Department's intention to continue this program beyond the life of the grant. FISCAL IMPACT: The grant funding from the Office of Traffic Safety (OTS) in the amount of $450,112 will offset the cost of implementing the DUI Enforcement program, and the $4,000 reimbursed by the San Diego Police Department will offset the overtime costs of participating in the DUI Pace Car Grant. The OTS funds will partially pay for the personnel expense of the new Agent and Officer. State funds from the Supplemental Law Enforcement Services Fund (SLESF) will meet the remaining personnel costs in FY 2005/2006 to minimize the impact to the General Fund. Program costs fully funded by the OTS grant include attendance of the annual OTS Summit and Police Traffic Services Seminar as well as purchases of Preliminary Alcohol Screening (PAS) devices to aid in the detection of drivers under the influence, laser LlDAR (Light Detection and Ranging) units to 13-2 Page 3,ltem: /3 Meeting Date: 11/23/04 conduct speed enforcement and a large electronic message board to remind residents not to drink and drive or .speed. The City will absorb the costs to continue the program after the grant expires in December 2006, creating an ongoing net impact to the General Fund as detailed in the table below. , , , , FY04-05 FY05-06 FY06-07 FY07-08, Program Costs $184,097 $277,130 $277,816 $288,925 OTS Funding $184,097 $199,075 $70,940 $0 SLESF Funding $0 $78.055 $0 $0 Net Impact to General Fund $0 $0 $206,876 $288,925 The only ongoing costs for this program would be the salaries of the 2 new positions plus the overtime expenditures to continue to operate the DUI checkpoints. State SLESF grant funding beyond FY 2006 will not be available to supplement this program due to supplanting restrictions in State grants. " , , , , , 'FY'04-0S FYOS-06 FY06-07 FY07-08 On-Going Personnel Cost $134,350 $267,130 $277,816 $288,925 One Time Supplies/Equipment Cos $49,747 $10,000 $0 $0 13-3 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $454,112 FROM THE OFFICE OF TRAFFIC SAFETY FOR DUI ENFORCEMENT GRANTS, ADDING ONE POLICE AGENT AND ONE PEACE OFFICER, AMENDING THE FY 2004/2005 POLICE BUDGET, AND APPROPRIATING FUNDS THEREFOR. WHEREAS, the Police Department was awarded a grant from the Office of Traffic Safety for the creation of a dedicated DUI Enforcement Team consisting of one Police Agent and one Peace Officer; and WHEREAS, the grant funds will partially pay for the personnel expense of the new Agent and Officer; and WHEREAS, state funds from the Supplemental Law Enforcement Services Fund will meet the remaining personnel costs in FY 2005/2006 to minimize the impact to the General Fund; and WHEREAS, the grant funds will also be used to purchase equipment and materials for the program; and WHEREAS, the Police Department will also participate in the our Pace Car Grant administered by the San Diego Police Department; and WHEREAS, the San Diego Police Department will reimburse the Chula Vista Police Department for overtime worked by its officers in support of the DUI Pace Car Grant. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept $454,112 from the Office of Traffic Safety for DUI enforcement grants, add one Police Agent and one Peace Officer, amend the FY 2004/2005 Police Budget, and appropriate funds therefor. Approved as to form by: Ri hard P. Emerson Police Chief 13-4 COUNCIL AGENDA STATEMENT Item: If Meeting Date: 11/23/2004 ITEM TITLE: Resolution of the City Council of the City of Chula Vista amending the FY 2005 budget by reclassifying one Assistant City Manager/Director of Budget and Analysis to Assistant City Manager and deleting one Fiscal and Management Analyst position and replacing it with one Director of Budget and Analysis Ordinance of the City Council of the City of Chula Vista amending the Chula Vista Municipal Code Section 2.05.0101 adding the Director of Budget and Analysis as an unclassified at-will position SUBMITTED BY: Assistant City Manager Fruchter-Hinds ~ REVIEWED BY: City ManagerV (4/5ths Vote: Yes X. No -> Since the Assistant City Manager (Administrative Services) position was combined with the Director of Budget and Analysis position in March 2003, the duties associated with both positions have changed and expanded. Given these increases in responsibilities, it is recommended that the· positions of Assistant City Manager and Director of Budget and Analysis be separated. This split will provide the managerial guidance necessary to address the Assistant City Manager's evolving responsibilities in the area of inter-departmental coordination among the support departments, especially in the area of information systems and employee benefits, as well as, labor relations which will require a large time- commitment as all four bargaining units' contracts expire at the end of the current fiscal year. In addition to the changing role of the Assistant City Manager, there has been an expansion in the role of the Office of Budget and Analysis (OBA) primarily due to: the Engineering Department shifting responsibility for annual Public Facility Development Impact Fee (PFDIF) updates to OBA; the Library Department shifting responsibility for coordination of strategic planning City-wide to OBA, the expanding level of sophistication and need for complex fiscal analysis city-wide especially in the areas of assessing development proposals to ensure development pays for itself, and in the area of securing contracts to provide 14-1 . ._-~-~--- ..---- -". ---- services to other jurisdictions (e.g., dispatch, billing, animal control) thus reducing Chula Vista's fixed costs thereby reducing costs for providing services to our · citizens. These duties can be absorbed without additional staff but do require high-level staff to provide knowledgeable guidance to consultants and departmental managers. This separation can be accomplished within the Office of Budget and Analysis' existing budget by changing the title of the Assistant City Manager and deleting one Fiscal and Management Analyst position and substituting it for a Director of Budget and Analysis. RECOMMENDATION That the City Council amend the FY 2005 Administration department budget, 1) · Changing the title of Assistant City ManagerlDirector of Budget and Analysis to Assistant City Manager, and 2) deleting a Fiscal and Management Analyst and adding a Director of Budget and Analysis effective December 24, 2004. That the City Council place the ordinance on first reading designating the Director of Budget and Analysis as an unclassified, at will position BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION · Since March 2003 when the Director of Budget and Analysis became Assistant City Manager, the role of the Assistant City Manager has changed significantly, especially in the are of labor relations, and the responsibilities and work load of the Office of Budget and Analysis has changed and increased significantly. Therefore, it is recommended that Director position be split from the Assistant City Manager, providing existing staff with full growth potential and challenges while expanding the ability of OBA to meet its expanding responsibilities and work load. This split will result in the Assistant City Manager being able to focus more on departmental guidance, city-wide labor relations and coordination of · support services to improve customer service to citizens, employees, and direct service departments. The Director of Budget and Analysis would report to the Assistant City Manager consistent with other support departments, including, Finance, Management and Information Services, Human Resources, and General Services. The $21,000 cost of this split for the remainder of this fiscal year can be absorbed in Administration's current budget. The ongoing annual cost of $39,800 can be covered in future years through a shift in OBA's budget from supplies and services to personnel services. Role of Assistant Citv Manaqer · In addition to managing the city's administrative support departments, the Assistant City Manager is responsible for labor negotiations with all four bargaining units, whose contracts will all be expiring the end of this fiscal year. In 14-2 addition to spending a significant amount of time on labor relations, separating the positions will allow the Assistant City Manager to enhance coordination between the support departments to improve customer service to the direct service departments, provision of employee benefits, strategic planning, etc. Chanqes in the Office of Budqet and Analysis (OBA) As Chula Vista moves from being a medium-sized city to a leader in the South Bay and entire region there have been new opportunities that have required significant work and analysis from OBA. In keeping with City Council direction to more closely tie budget to results for citizens there has been continuous improvements and expansions to the budget and budget process. In addition, over the past year OBA's responsibilities have increased significantly due to changes in staffing and assignments in other departments. While there is not a need for more staff, there is a need for high level staff to review the work of departmental managers and consultants and provide guidance in critical areas such as development impact fees, securing contracts for services with other jurisdictions to lower fixed costs, thereby reducing costs for providing services to our citizens. Opportunities will include dispatch, animal services, billing and collection functions, and automation, among others. OBA will continue to put major effort into integrating resource allocation more thoroughly. In taking on strategic planning OBA intends to take Council's vision a - step further by ensuring departments each have operational plans based on Council's strategic objectives and that resource allocation is based on these objectives and achieving specific results for Chula Vista residents, businesses and visitors. The next budget will also feature improvements in the areas of performance measurement and cost accounting. Fiscal Impact There is no net increase in positions and there is no impact on the General Fund for splitting these positions. The cost of separating the positions comes primarily from the difference in benefit costs for adding an executive manager versus deleting a mid-manager. The additional cost for this action comes to $21,000 in the current fiscal year and $39,800 annually on an ongoing basis. This cost can be absorbed during the current year within Administration's budget. During the next budget OBA will reduce supply and services accounts for an amount equivalent to the increase (less increased revenues) to ensure these additional costs have no ongoing impact on the General Fund budget. 14-3 RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 2005 BUDGET BY RECLASSIFYING ONE ASSISTANT CITY MANAGERlDIRECTOR OF BUDGET AND ANALYSIS TO ASSISTANT CITY MANAGER AND DELETING ONE FISCAL AND MANAGEMENT ANALYST POSITION AND REPLACING IT WITH ONE DIRECTOR OF BUDGET AND ANALYSIS WHEREAS, the Assistant City Manager position was combined with the Director of Budget and Analysis position in March 2003, the duties associated with both positions have changed and expanded; and WHEREAS, given the increases in responsibilities it is reco=ended that the positions of Assistant City Manager and Director of Budget and Analysis be separated; and WHEREAS, there has been an expansion in the role of the Office of Budget and Analysis primarily due to: shifting responsibility for annual Public Facility Development Impact Fee (PFDIF) updates to OBA; shifting responsibility for coordination of strategic planning City-wide to OBA; and WHEREAS, the expanding level of sophistication and need for complex fiscal analysis city-wide, especially in the areas of assessing development proposals to ensure development pays for itself and that policy makers have accurate information in a timely manner and in the area of securing contacts to provide services to other jurisdictions (e.g., dispatch, billing, animal control) thus reducing Chula Vista's fixed costs for providing services to our citizens; and WHEREAS, this separation can be accomplished within the Office of Budget and Analysis' existing budget by changing the title of the Assistant City Manger and deleting one Fiscal and Management Analyst position and substituting it for a Director of Budget and Analysis. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City Of Chula Vista amend the FY 2005 Administration department budget by, 1) changing the title of Assistant City Manager/Director of Budget and Analysis to Assistant City Manager, and 2) deleting a Fiscal and Management Analyst and adding a Director of Budget and Analysis effective December 24, 2004. Also that the City Council place the ordinance on the first reading designating the Director of Budget and Analysis as an unclassified, at will position. 14-4 --....-.-.- Resolution 2004- Page 2 Presented by Approved as to form by ~C\ ~G(\\\ ~~r~~ PASSED, APPROVED, AND ADOPTED by the City Council of the City Of Chula Vista, California, this day of 2004, by the following vote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: Stephen C. Padilla, Mayor ATTEST: Susan Bigelow, MMC, City Clerk J:I Attomey/Resol Ass! City Mgr - Dir Budge! Analysis 14-5 ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 2.05.010 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD THE POSITION OF DIRECTOR OF BUDGET AND ANALYSIS WHEREAS, the Assistant City Manager position was combined with the Director of Budget and Analysis position in March 2003; and WHEREAS, the duties associated with both positions have changed and expanded, it is recommended that the positions of Assistant City Manager and Director of Budget and Analysis be separated; and WHEREAS, the Charter Section 500(a) requires that all new unclassified management level positions be adopted by ordinance and a four-fifths vote of the Council. NOW THEREFORE, the City Council of the City OfChula Vista does ordain as follows: SECTION I: That Section 2.05.010 of the Chula Vista Municipal Code is hereby amended to read as follows: 2.05.10 Unclassified positions established: In addition to those unclassified positions specifically delineated in Section 500 of the Charter of the City, there are established the unclassified positions entitled deputy city manager, administrative services manager, deputy fire chief, assistant fire chief, assistant chief of police, assistant director of finance, assistant director of budget and analysis, fiscal operations manager, funds development strategic planning manager, purchasing agent, treasury manager, assistant director of human resources, director of employee development, risk manager, assistant director of public works and operations, assistant director of building and housing, deputy building official, building services manager, building and park construction manager, parks and open space manager, assistant director of recreation, housing coordinator, real property manager, transit coordinator, assistant director of community development, community relations manager, Western Chu1a Vista development manager, traffic engineer, deputy director of engineering, assistant library director, chief learning officer, director of communications, police captain, director of conservation and environmental services, deputy director of planning, assistant director of planning, special planning projects manager, general plan project manager, chief of staff, constituent services manager, community liaison (assigned to the Office of the Mayor and City Council), human resources operations manager, director of budget and 14-6 ---. -- -_..._-----~------~--------_.__._- · analvsis. California border alliance group deputy executive director, California alliance group budget manager, California border alliance group methamphetamine strike force coordinator, California border alliance group network administrator, California border alliance group operations/intelligence coordinator, California border alliance program manager, California border alliance group program analyst, California border alliance group management assistant, and California border alliance group network assistant. SECTION II: This ordinance shall take effect and be in full force and effect upon the second reading and adoption. · Submitted by: Approved as to form by: ~m:",,~~~~~ . Ann Moore City Attorney · J:/ Attomey/Ordinance/Dir OHA Ordinance · · 14-7 · CITY COUNCIL AGENDA STATEMENT Item: 15 Meeting Date: 11/23/04 ITEM TITLE: PUBLIC HEARING: Consideration of application PCS 05-11; for the proposed conversion of an existing 48-unit apartment complex to 48 condominium units for individual ownership - Donia Family Limited Partnership. RESOLUTION: Resolution of the City Council approving and establishing conditions for a tentative map to subdivide 3.88 acres at 321 Rancho Drive into a one-lot condominium Tentative Subdivision Map containing 48 residential units. SUBMITTED BY: _of PI",","" md BIDJrli~ REVIEWED BY: City Manager ~ (4/5 Vote: Yes_No...xJ The Developer, Donia Family Limited Partnership, has submitted an application for a Tentative Subdivision Map (one-lot condominium map containing 48 residential units) to convert a 48-unit apartment complex to 48 condominium units for individual ownership. The 3.88-acre project site is located at 321 Rancho Drive (see Attachment 1, Locator Map). The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project qualifies for a Class 1 (Existing Facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. RECOMMENDATION: That the City Council adopt Resolution PCS-05-11; approving the Tentative Subdivision Map for a one-lot condominium map for 48-units subject to the findings and conditions contained in the attached draft City Council Resolution. BOARDS AND COMMISSION RECOMMENDATION: On November 10,2004, the Planning Commission considered the proposed project. Following staff's presentation and public testimony, the Planning Commission voted 4-0 recommending that the City CounCil approve the Tentative Map application. 15-1 Page No.2, Item: 15 Meetin2 Date: 11123/04 DISCUSSION: 1. Project Background The City has been besieged with many inquiries for processing condominium conversions. This project is the first of several similar applications currently being processed. Staffhas prepared a procedural guide and requirements for condominium conversions that is available to the public to use when preparing an application. Condominium conversion projects in ChuIa Vista require both Design Review and a Tentative Subdivision Map. The existing apartment complex has been functioning as an apartment complex since 1977. The tentative map is required to create the one-lot 48-unit condominium map, which requires final approval by the City Council. The project was presented before the Planning Commission during the November 10th public hearing where several tenants of the apartment complex were present. During public testimony, two tenants expressed concern that they would need to relocate and may not find an apartment they could afford to rent. The Applicant's representative, stated that the Applicant would return the deposit and waive the last month's rent, and that his firm (Westone Management) will offer assistance with relocating tenants if they choose not to purchase a unit. Another tenant raised the issue of mold in her apartment among other defects. The Applicant's representative stated that although he was not aware of this issue, he would investigate this issue the next day and attempt to have the mold problem fixed. . The Planning Commission acknowledged the tenant's concerns for the potential need to relocate and has asked the Applicant to make a concerted effort to help where he can, and directed staff to follow-up with the Housing Department to research affordable housing programs to assist tenants. On November 17,2004, the Zoning Administrator approved the Notice of Decision for site and building upgrades for the proposed condominium conversion. The upgrades include repairing and re-painting exterior surfaces, replacing windows and window trimming, and add storage space adjacent to the balcony of each unit. 2. Project Site Setting , The site is a long and narrow 3.88-acre lot situated among other multi-family residential developments, west of the 805 Freeway and south of Main Street (see Attachment 1, Locator Map). The existing uses adjacent to the site are listed in the table below. . 15-2 / Page No.3, Item: /) Meeting Date: 11/23/04 3. General Plan Land Use and Zoning General Plan Zoning Current Land Use Site: Medium Residential R-3P13 Apartment complex North: Visitor Commercial R-3P13 Holiday Inn Express South: Open Space N/A Otay River (City of San Diego) East: N/A N/A Interstate 805 West: Medium Residential R2 Multi-Family 4. Project Description The Project will convert an existing 48-unit apartment complex into one-lot condominium containing 48 units. The proj ect site is developed with one single-story and seven two-story buildings, a swimming pool, 73 one-car garages, 52 open parking spaces and extensive landscaping (48 percent ofIand area) and an interior access drive that loops within the site. No significant exterior structural changes are proposed. The Applicant proposes to provide storage space in the one-car garages and adjacent to the balcony of each unit. The service utilities, including water and sewer will be the responsibility of the Homeowners Association. 5. Project Data Table Assessor's Parcel Numbers: 624-060-55 Current Zoning: R-3P13 (Medium Residential, Precise Plan) Land Use Designation: Medium High Residential Lot Area: 3.88 acres REQUIRED: PROVIDED: Parking: Standard: 122 2/2 bedroom = 96 spaces Disabled: 3 Total: 125 Lot Coverage: 50 uercent 23 uercent Setback: (All existing setbacks) Front: 15 feet 23.5 ft. Side: 5 feet 72 ft. Rear: 15 feet 52 ft. Storage: 200 cU.ft./2 bedroom unit 200 cu. ft. Common Open Space: 19,200 sq.ft. (400 80,780 sq. ft. Sq .ft./unit: 400 x 48) Building Height: 28 feet or 2.5-stories 23 ft. 15-3 / Page No.3, Item: /) Meetin~ Date: 11/23/04 3. General Plan Land Use and Zoning General Plan Zoning Current Land Use Site: Medium Residential R-3P13 Apartment complex North: Visitor Co=ercial R-3P13 Holiday hID Express South: Open Space N/A Otay River (City of San Diego) East: N/A N/A Interstate 805 West: Medium Residential R2 Multi-Family 4. Project Description The Project will convert an existing 48-unit apartment complex into one-lot condominium containing 48 units. The proj ect site is developed with one single-story and seven two-story buildings, a swimming pool, 73 one-car garages, 52 open parking spaces and extensive landscaping (48 percent ofland area) and an interior access drive that loops within the site. No significant exterior structural changes are proposed. The Applicant proposes to provide storage space in the one-car garages and adjacent to the balcony of each unit. The service utilities, including water and sewer will be the responsibility of the Homeowners Association. 5. Project Data Table Assessor's Parcel Numbers: 624-060-55 Current Zoning: R-3P13 (Medium Residential, Precise Plan) Land Use Designation: Medium High Residential Lot Area: 3.88 acres REQUIRED: PROVIDED: Parking: Standard: 122 2/2 bedroom = 96 spaces Disabled: 3 Total: 125 Lot Coverage: 50 percent 23 percent -c- Setback: (All existing setbacks) Front: 15 feet 23.5 ft. Side: 5 feet 72 ft. Rear: 15 feet 52 ft. Storage: 200 cu.ft./2 bedroom unit 200 cu. ft. Co=on Open Space: 19,200 sq. ft. (400 80,780 sq.ft. Sq .ft./unit: 400 x 48) Building Height: 28 feet or 2.5-stories 23 ft. 15-3 Page No.4, Item: /š Meetin2 Date: 11/23/04 6. Staff Analysis The proposed conversion to condominium units will not change the existing residential use. The only difference is that the units will be for individual ownership. The Applicant provided a "Property Condition Assessment ,Report", which lists recommendations that will upgrade the property and units (see Attachment 3, "Property Condition Assessment Report"). Staff has incorporated the recommendations as conditions of approval. Table 1 below lists the existing services utilities within the project. Table 1: Existing Utilities Air conditioning Not provided Heating Electric wall heater Water heater in buildings A,B,C,D,E Central gas heater located in building F Water heater in buildings G and H Individual "as water heaters Gas Individual "as meters Electric meter Individual meters - central wiring sYStem Water HOA Sewer HOA *Cable Individual unit I· *T elephone Individual unit 'Not covered in the HOA The maintenance and monthly payment of the utilities would be addressed in the project's. CC&Rs. Staff is recommending that the space heating be changed to a more energy efficient heating unit. Staff is also recommending that the smoke detectors and fire extinguishers be changed and that the location, number and type be reviewed and approved by the Building Division and Fire Department. Depending on the age of the water heaters (individual and central units), staff recommends that units older than 10 years be replaced with energy efficient units, and properly secured with metal straps. A condominium conversion proj ect must satisfY certain City requirements including current R3 (Apartment Residential) development regulation standards, which include off-street parking and open space and condominium conversion regulations per City ordinance. The following sections discuss how the project complies with these requirements. R-3 Apartment Residential Zone Development Standards (Chapter 19.28) Off-street parking: 2 spaces per two-bedroom unit per Section 19.62.050(13): Each of the 48 units contains two bedrooms. The project requires a minimum of96 off-street parking spaces. The existing off-street parking count is 125, which consists of73 one-car garages and 52 open parking spaces. 15-4 /' Page No.5, Item: IS Meetin2 Date: 11/23/04 Open Space: Common Open Space: Section 19.28.090 requires 400 square feet of common usable open space per unit; therefore, the proj ect must provide a minimum of19 ,200 square feet of open space. The existing open space includes a swimming pool and approximate 80,780 square feet ofIandscaped area. In addition, each unit has a 60 square foot private balcony. Conversion ofDweIIing Units to Independent Ownership (CVMC Chapter 15.56) Pursuant to Chapter 15.56, Conversion of Dwelling Units to Independent Ownership, apartments converted to condominiums for sale require certain amenities including adequate parking, adequate storage for each unit, and open space areas, and must satisfY fire and Uniform Building Code standards before occupancy. A. Fire Protection: The Fire Marshall has determined that the project is in substantial conformance with fire protection standards. The project is conditioned to comply with current fire protection requirements. B. Uniform Building Code: The Building Department reviewed the "Property Condition Assessment Report" prepared by JCEPlHuang Consulting Engineers, Inc., and found that the Project will satisfY the Building Code requirements if the recommended improvements set forth in the report are constructed or put in place. C. Storage: Section 15.56.020 requires storage area for each unit. Each unit contains two bedrooms, which requires 200 cubic feet of storage area for each unit. The Applicant proposes to provide approximately 200 cubic feet of combined storage space in the existing one-car garages located along the north and east property lines, and immediately adjacent to the balconies of each unit (see Attachment 4, Proposed Storage). While the location of the proposed storage does not meet the standards found in CVMC Section 15.56.020 (C), Section 15.56.070 allows a deviation ftom those requirements if good cause can be shown and the merits of the project, as a whole, make such an exception worthwhile. Staffbelieves that the proj ect is meritorious because it is of good quality and will increase the supply of low and medium priced homes in the area. Furthermore, incorporating 200 cubic feet of adjacent storage space into all 48 units would require extensive structural changes to the existing building and could significantly reduce each unit's habitable space. D. Housing Code: . The Project is required to pass a housing inspection prior to Final Map approval. E. Protective Lighting Standards: The Project will maintain the existing protective lighting standards. 15-5 · Page No.6, Item: I{" Meetin2 Date: 11123/04 F. Off-street parking: Section 19.62.050(13) requires two parking spaces for each two- · bedroom unit. Each of the 48 units contains two bedrooms. The Project provides 125 off- street parking spaces for resident use. G. Design Guidelines: Generally, the design of the building and its surrounding area are adequate. The Applicant does not propose significant exterior structural changes to the existing buildings, but shall be required to upgrade the building's appearance by repairing and re-painting exterior surfaces and replacing windows and window trimming, and add storage space adjacent to the balcony of each unit. H. Separate Service Meters: A Homeowners Association will be responsible for the water and · sewer service utility meters. The Applicant shall provide written evidence how this will be satisfied. I. Housing Department Compliance Survey: The Applicant is required to obtain a Housing and Building Department compliance survey and make any required repairs prior to Final Map approval. J. The applicant submitted a "Property Condition Assessment Report" for review by the City's Building Official. The report concludes that the existing apartment complex is in good condition, structurally and cosmetically. However, the assessment identifies · immediate repaIrs and short-term intermediate repaIrs. After reviewing the recommendations, staff recommends that the report recommendations be incorporated into the remodel program. Staff has included the report recommendations as conditions of approval 'in the draft City Council Resolution. Staff discovered an inconsistency in the condition assessment report regarding the parking count, which states that there are 66 on-site parking spaces. The site plan shows a total parking count of 125. Staff did a field count and confIrms that there are 125 spaces. The report also stated that no swimming pool exists. There is a pool on site as mentioned in the Proj ect Description section. · K. CC&Rs: The Project is conditioned to provide evidence of declarations of covenants, conditions and restrictions in conjunction with approval ofthe Final Map. Noticing Documentation Pursuant to Section 66452 of the Subdivision Map Act, condominium conversion projects must satisfY certain noticing requirements for specified time periods. The Table 2 below identifies the noticing requirements and when existing and prospective tenants should receive them. The tenants have been made aware ofthe condominium conversion project proposal since January · 15-6 Page No.7, Item: IS Meeting Date: 11/23/04 2003, and will be given notice of having the first option to purchase a unit. The Table also shows when the Applicant met these requirements. Sample notices provided by the Applicant are attached (see Attachment 5, Noticing Documentation). Table 2: Noticing Documentation NOTICE REOUIREMENT HOW LONG & WHEN COMPLIANCE 60-day notice to all existing tenants of 60 days prior to filing a Design 60-day notices were sent intent to convert - "Farm A" Review and Tentative Map certified mail to existing application with the City tenants on January 2, 2003* Notice to all prospective tenants of Prior to acceptance of any rent Applicant has submitted a intent to convert - "FoTIn B" or deposit from the prospective current tenant list with copies tenant of signed forms for all new tenants* 1 O-day notice to all existing tenants of 10 days before or after submittal To be determined/prior to an application of a Public Report - of the Public Report to the Final Map "Form C" Department of Real Estate IO-day Notice to all existing tenants Within 10 days of approval of To be determined/prior to of Final Map approval- "Fonn D" the Final Map by the City Final Map Notice to all prospective tenants of Prior to acceptance of any rent To be determined/prior to option to purchase/termination of or deposit from the prospective Final Map tenancy- "Fonn E" tenant 90-day Notice to all existing tenants For a period of 90 days after To be determined/prior to of option to purchase/termination of issuance of the Public Report Final Map tenancy - "Form F" from the Department of Real Estate 180-day notice to all existing tenants 180 days prior to termination of Submitted to the City on of intent to convert/termination of tenancy September 16, 2004 tenancy - "Form G" . Attachment 5 - Noticing Documentation The City Council only needs to [md that the Applicant has submitted Forms "A" and "Boo prior to the approval of the Final Map. The remaining notices are required prior to acceptance of the Final Map; however, the Developer has already submitted Form "Goo. Conclusion Based on the preceding information, staff is of the opinion that the project meets the requirements for a condominium conversion and that the City Council can approve the Tentative Map subject to the conditions listed in the attached City Council Resolution. 15-7 ..--_._...._-_._..-..,..~--_._.- Page No.8, Item: ,G' MeetiD¡: Date: 11/23/04 Attachments: 1. Locator Map 2. PC Resolution 3. Property Condition Assessment Report 4. Proposed Storage Space 5. Noticing Documentation 6. Tentative Map 7. Disclosure Statement J:\PlanningIMichaeIICity CouncHlPCS-05-11 321 Rancho Drive 11-23 CC Report.doc 15-8 . - - -- _ "- Attachment 1 . Locator Map 15-9 ,-. -.,.... . .-..... .._"_.~..._._.__._,---...__..~.,-_._- - ,. , ' ~ l.-!---I . J CJ \ - z II ; -1 m ;;;J I . '" MdnSt -1 :Þ , -1 (1 J- m ro co I '- .~ 0 : ! o OJ ClI ~E ¡ >§ I u L - I .. ~ PßOJECI lOCATION I . "-"-1 city of San Diego.. - - , ~..:.- . + I . Open Space , 'I' w.._. , " , .. ~ '-CHULA VISTA PLANNING AND BUILDING DEPARTMENT -- Lë)R PROJECT" . Donia l TO Partnership PROJECT CESCRIFTION: APPWCMrn SUEDIVISIQN PROJE'::T 32~ Rancho Drive Request'Proposal fcrTentative Subdivision Map Ie ADDRESS: convert existing apartment complex into condominiums SCAU:: FILE NUMBER: NORTH No Scale FCS-05-11 Related cases: None J:\planning\ClriosUoCltcrs\pcs0511.a1r 10.11.04 ~""59..1 0 . --.----.--....-. - -"" - Attachment 2 - PC Resolution 15-11 ~~~---~---' -- ---- ----.-.--.- ------.-.----- - RESOLUTION NO. PCS-05-11 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL APPROVE AND IMPOSE CONDITIONS OF A TENTATIVE MAP TO SUBDIVIDE 3.88 ACRES A,T 321 RANCHO DRIVE INTO A ONE-LOT CONDOMINIUM TENTATIVE SUBDMSION MAP CONTAINING 48 RESIDENTIAL UNITS - DONIA FAMILY LIMITED PARTNERSHIP. WHEREAS, a duly verified application for a Tentative Subdivision Map was filed on September 9, 2004, with the City of Chula Vista Planning Department and Building Department by the Donia Family Limited Partnership "Applicant" requesting approval of a Tentative Subdivision Map to convert 48 apartment units into individually own condominium; and WHEREAS, the area of land, which is the subject of this Resolution, consists of 3.88 acres commonly known as Glenview Apartments, and located at 321 Rancho Drive ("Project Site"); and WHEREAS, The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project qualifies for a Class 1 (Existing Facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines; and WHEREAS, the Planning and Building Director set the time and place for a hearing on said Tentative Subdivision Map and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to current tenants of the complex, and property owners and residents within 500 feet of the exterior boundaries of the property and the current tenants at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely November 10, 2004, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, after considering all reports, evidence, and testimony presented at said public hearing with respect to the Tentative Subdivision Map application, the Planning Commission voted 4-0 recommending adoption of Resolution PCS-05-11 approving Tentative Subdivision Map; and NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION does hereby recommend that the City Council approve the proposed Tentative Subdivision Map and adopt the attached Resolution PCS-05-11 in accordance with the findings and subject to the conditions contained therein. 15-12 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the City Council and the Applicant. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 10th day of November 2004, by the following vote, to wit: AYES: NOES: ABSTAIN: Marco P. Cortez, Chair ATTEST: Diana Vargas, Secretary J\Planning\Michael\PCS-Q5-11 321 Rancho Dr · · · 15-13 -. - Attachment 3 - Property Condition Assessment Report 15-14 -- - -- -_.._.._~----_._._.._.~ - JCEP/HUANG CONSULTING ENGINEERS, INC. 217 Via Lara Dos Vientos Ranch, CA 91320 _'. Tel: (805) 375-6292 Fax: (805) 375-8292 February 28, 2003 .. . .- . DONIA Ltd Partnership C/o Westone Management Consultants 294 Chamber Street Suite 44 E1 Cajon, California 92020 Attn: Mr. Joseph Scarlatti Re: Transmittal of PCA Report 321 Rancho Drive Chula Vista, San Diego County, California 91911 - .- Dear Joe: _. Attached is one copy of the referenced report. Your receipt of this report completes our scope of work under this contract. This PCA report is based on a walk through observation of the subject propertY on February 12, 2003 and the review of certain property related documents that you . provided us. We appreciate the opportunity of providing this engineering service to you and look forward to a continuing working relationship in the future. Should there be any questions regarding this - .-- . project, pleaSe contact HuaÌ1g at 805-375-6292. ". . '. " '. . . .' '. '.' '. '. . - ,.- Sincerely, J~E. ",_u' . . PrinCIpal '. .. . " .' " .- .' , \ 2 ~,2'5 --.--..- - - --~ - -~_.._.._._-,- - · TABLE OF CONTENTS .' . .- . SECTION PAGE · 1.0 EXECUTIVE SUMMARY 4 1.1 General Description 4 1.2 General Physical Codition 4 -- 1.3 Recommended Immediate Repairs 4 1.4 Recommended Short T e= &. Intermediate Term Repairs 5 · 2.0 SCOPE OFWORK 7 3.0 SALIENT INFÖRMA TION 8 - ." -- .. -..- 4.0 """SYSTEM DESCRIPTION AND OBSERVATION 9 -- A · Buildings.............:.................................................:................... ....9 B Common Area.........:..;........................................................... ."..... .12 1.0 EXECUTIVE SUMMARY · 1.1 General Description f5" .3.p6 . .--- - JCEPlHuang completed a property condition assessment (PCA) of a multi- dwelling complex located at 321 Rancho Drive, Chula Vista, San Diego County, California 91911 at the request of Joseph Scarlatti of West one Management Consultants. As part of the PCA, an on-site walk through observations was made on February 12,2003 with Joseph Scarlatti and Lindsay Erickson. The subject property contains 48 two-bedroom and one-bathroom apartment units scattered in 8 two-story garden type apartment buildings. Additiqnally, the subject dwelling complex also provides garage parking for 50 vehicles 'arid 10 àsphalt surfaced parking spaces, a laundry room, and associated hardscape and landscape. , Construction drawings were not available for JCEPlHuang's review. Reportedly, the subject property was developed in 1978 on an approximated 3.89 acres of urban lot in the City ofChula Vista, San' Diego County, Califoinia. Due to its mild climate in the project area, and like most multi-dwelling complexes in coastal San Diego County, air conditioning for cooling is not provided for the subject apartments. Heating is supplied by electricity-powered wall heaters. Domestic hot water for each apartment in BuildingsA. B. C, D, E and F is provided by a centralized gas-fired hot water heater contained in the utility closet of Building A. Individual gas-fired hot water heater is proVided for - ,-- each dwelling unit in Buildings G and H. Gas main and individual gas meters are hung on the exterior wall of the buildings, while the electric distribution panels and individual electric meters are housed in the utility closet of the building. Smoke detectors are available for the apartments, and the public areas of the buildings are fitted with fire extinguishers. Additionally, fire hydrants are located along the city street sidewalk by the property and on-site as required by the current fire code. 1.2 General 'Physic~1 Condition , ,~. The subject propërty appears adequately maintained and in overall gooa: condi- - ._- _. ..- tion without significant defects noted. Original components of the buildings are composed of durable materials and sturdy construction. It is JCEPlHuang's opinion that the subject property is comparable to other similar properties of similar age in this area and, subject to a continued program of sustained pre- ventative maintenance, the remaining economic life of the subject apartments should exceed 35 years. i, ','" '.: 1.3 Recommended Immediate Repairs , Deferred maintenance and physic;al deficiencies far which actions are recom- mended represent potentially unsafe conditions, material code violations, and ' , items that require corrective works on a higher priority than routine work. '. Based upon observations conducted during the property vi~it, no objectionable property conditions that require immediate cOITective works were identified, except the following: 2r!ß.~ 7 .-- -- ..-------.--.----.--. -- Ouantitv Unit Immediate Item Cost Cost Properly strap the gas-fired hot water heaters for seismic safe¡;". . 9 SIOO S 900' A Separated joint between the stUcco and the · wood member was noted on the rear wall of Building H (see photo 16). This condition allows Lwnp water entry behind the stucco that wi)1 eventually - Swn . Sl,OOO lead to wall leakage. The separated joint should be sealed by dense mortar that matches the color .. ofthe stucco. . .' .- . Examine and check irrigation system, and make Lwnp necess"'" reoairs and adjustments. - Swn $ 500 Fill in the bare spots in various areas that are olanted with 1IT0und covers - S600 . $ 600 Add access marking and ramp to sidewalk at the handicao oarkin~ mace. I S400 $ 400 · Total $3,400 · Property manager is aware of this condition and indicated that all hot water heaters will be properly strapped within one week. · Subsequently, JCEPlHuang was info=ed that this work was completed on - - 2/14/03. 1.4 Recommended Short Term and Intermediate Term Repairs · The following objectionable property conditions need to be corrected within the next five (5) years before they evolve into more costly repair/replacement items: · Replace all existing heating units with new energy-efficient models within the next three years. = ESTIMATED COST: 96 units @ $300 each $28,800.00 .. ,~ · Replace 30 Window units within the next two years. . . · . ESTIMATED COST: 30 units @ $400 each $12,000.00 '-'{ .... .,.... .. . Repair, seal-coat and restripe the asphalt paved driveway and parking lot within one year. . , , . ESTIMATED COST: $16,300.00 .', · Paint building exteriors within the next two years, including exterior walls, · stairs, railings, balcony enclosures, light posts and garages. ESTINlATED COST: 8 buildings @ $13,000 each $104,000.00 · Reroof the buildings with a fire-pr~i~phalt impregnated roofing shingle - .. . . - . - .- --_.". - - - . .. ~ .~ 2.0 SCOPE OF WORK Scope ofW~rk for this peA is bàsed upon the requirements asoutIinedby Joseph Scarlatti of West one Management C:0nsu1~~, and included the following: .. . - .-.. .. "~..... ,. . . '.-" A. Búildings ". _. .--- o. ) Roofs . . 2) Foundations' . ·3) WaIls, Windows and Doors .-," , 4) Exterior Paint and Woodwork 5) Plumbing· - 6) Mechanical 7) Water Heaters o. 8) Electrical , ~"53.~9 T....C -ø, -.-.---- - B. CommonAxea I) Pavement 2) Walkways 3) Landscaping/Plantings 4) Irrigation System 5) Swimming Pools/Spas/Saunas 6) Common Recreation Rooms ,. . 7) Trash Axeas 8) Mechanical 9) Electrical 10) Exterior Co=on Axea Lighting II) Walls and Fences 12) Drainage Facilities -. 3.0 SALIENT INFORMATION - . - ..... . ~ Proj ect 02-C-01740 Property Name N.A. . ' 321 Rancho Drive Property Address ., , Chula Vista, California 91911 Year Built 1978 Year Renovated .' N.A. , Zoning R3, Multiple Dwelling Occupancy Group B-2 Construction Type V-I, Not fire-sprinklered . Number ofBuildings 8 Number of Apartments 48, 2-bedroomlone bath ~'5a~O Occupancy Rate 100% Number of Stories 2-story Basement None Size of Apartment 2-Bedroomll V,-Bath .. Approximately 825 s.f. each Total Building AIea Approximately 39,600 square feet, rentable Site Area Approximately 3.89 acres Number of Parking Spaces . Detached Garages: 50 Open Surface: .l§., (includíng one handicap) , Total: 66 snaces Property Visit Date February 12, 2003 Property Visit Conducted by Johnny Huang, P .E. . .. . . Joseph Scarlatti and Lindsay Erickson of Accompanied By Westone Management Consultants, and - . Sean Shiposki, the Property Manager Weather Cloudy and raining, mid 50's 4.0 SYSTEM DESCRIPTION AND OBSERVATION ___ A. Buildinas....; .. _...- --:.. .'. b. -_ "C". . 1) Roofs . . .. .'. ". .. . ",.-," ,', . .". ." . . ' ' ~: . ,.., -, '... . . - '. .' ~ .' .. ' : DeScription: The eight (8) apartment bÚildings are weatherproofed . ~ . witl1 a'c~nventiona1 pitched roofing systeIIl·· . '. ',' . . "'" ~.;..::..' _'-'. .:"1. .',--, , .. . ", f:. ,.."":"', .:..~; ::.. ',-< ," Design dràwingsof thé ApartIDents were notavailable for our review. It is likely that the roofing systemS are òver plywood roof sheathing support~d on wood frame composed of rafters, joists and studs. The pitched roofing !jJstem is composed of treated cedar shingles over heavy felts supported on plywood roof sheathing. Pitched roofing is a proven waterproofing product with a long 8.nd impressive performance : record. A well constructed system of the project type with proper maintenance effort can easily last 20 to 25 years, provided that the felts , are well shielded from the ultra-violet rays from the !!un. Roofing cement, metal flashing and counterflashing, roof jacks, and other waterproofing materials and devices are implemented at joints of the roof and penetration locations. ~5ª-~1 -,-- - ---~._. --- - - during JCEPlHuang's on-site visit. The roofing systems appeared adequately maintained and in good to fair condition. Due to aging, it is recommended that the roofmg systems be replaced with a fire-proofing asphalt impregnated roofmg shingle systems within the next five years. No immediate repairs are recommended at this time. .. . 2) Foundations Description: Original plans and specifications were not provided for JCEPlHuang's review. The apartment complex is likely to be founded on cast-in-place reinforced concrete perimeter footings, column footings, and interior grade beams with concrete slabs-on-grade. Observations/Comments: Visible portions of the foundations-were observed to be in good condition. No signs of cracking, settIing, or distress were observed. - No repairs are recommended at this time. 3) Walls, Windows and Doors Description: Exterior walls of the apartment buildings are observed to be constructed of painted wood trims and stucco. Typically, the stucco is over lath on plywood backing supported on wood studs. Window and doòr openings are likely to have been reinforced with additional wood members. - Apartment unit entry doors are of solid core fire-rated type with twist- - .. - action door knob and dead bolt hardware. Detached garages are provided with painted wood garage doors, some of which are controlled by electronic devices. Interior doors are typically of hollow cored units. Windows are of aluminum ftamed glass sliding units. Aluminum framed sliding glass doors are provided for all patios and balconies. Painted wood enclosures that match the paint of the stucco and wood trim are provided for the patios and balconies. .'. " Observations/Comments: No structural distresses were noted on the walls. The walls remain to be straight, in line and plumb. , Generally, exterior wa11s appeared adequately maintained and in good to fair condition. However, watermarks were observed along the lower portion of the exterior walls at several buildings. They appear to be caused by irrigation. JCEPlHuang recommends that irrigation system be thoroughly examined and make necessary repairs and adjustment. ~I\ .3~? Furthe=ore; ajoint separation between the wood member and stucco was also noted. This condition will allow water entry behind the stucco. JCEPlHuang recommends that the joint separation be sealed watertight immediately. Windows and doors appeared adequately maintained and in good to fair condition. However, it was estimated that about 30 window units need to be replaced within the next two years. ... . .. - 4) Exterior Paint and Woodwork Description: Woodwork is typically covered by painted stucco. Exterior paint includes the stairs, balconies, patios, light posts, stucco and wood trims. Observations/Comments: It is recommended that all building exteriors be painted within the next two years. 5) Plumbing and Hot Water Heaters - Description: Plumbing system includes necessary hot and coid water - supplies, drainage, waste, and vents. Water supply, waste, drainage ãnd vent lines consist of copper water piping, cast iron and ABS waste and vent piping, and steel natural gas piping. Sanitary sewers and sto= - wastes are discharged to'the respective public infrastructures. No sewage lift stations were observed during the property visit. Domestic hot water for the apartments in Buildings A, B, C, D, E and F is supplied by one centralized gas-fired hot water heater located in the utility closet. Individual hot water heaters are provided for the. 8 -.. apartment units contained in Buildings G and H. Apartment bathroom - -- - fixtures consist of floor supported lavatories with wood càbmets, floor - mounted toilets and white fiberglass bathtubs with showers. _. Observations/Comments: Plumbing system of the subject property - _ ~observedin good condition, ~d appeared adequately.maintained. .-.-; --'Ho~¿veÎ,thegas-fu~dhot~àte~heaterS ~è ñòtp~operl;;supported to prevent possible tuinbling during a IIÏöderáte to major scale earthquake. ',It is recommended that Iù¡ nine (9) hot water heaters be strapped to the adjacent walls 'for seismic safety. Property Manager of the apartments is - -aware of the condition. And indicated that all hot water heaters will be __ properly strapped \VÏthin one week. .. No other repairs are rec.ommended at this time. : 6) Mechanical I . ~5ª-23 . ...-.---'---.'-- .----....--------..- Description: Due to the mild climate condition of the project area, no air concijtioning for cooling is considered needed, and none is provided. Heating of each apartment is provided by individual waU heaters powered by electricity. Bathrooms and kitchens are equipped with waU switches controUed exhaust fans. Exhausts are ducted through the roof. Ventilation of the apartments is by gravity and natural breeze. Observations/Comments: Mechanical system of the subject property appeared adequately maintained and in good operative 'condition. Equipment capacities also appear adequate for the intended usages. No repairs are recommended at this time. Due to aging, it is estimated that 96 wall heaters need to be replaced with energy efficient units within the next three (3) years. '7) Electrical' Description: Electrical service for the property is through an underground installation ftom San Diego Gas and Electricity owned - - and concrete pad supported transfo=ers to the buildings' distribution panels. Tenants are individually metered for electric services. Power to the building is provided at 120/208-volts. Each apartment is provided with Ii 120-volt, 50-ampere single-phase service. Circuit breakers are provided for overload protection: Observed conductors and wiring appeared to be copper enclosed in metallic and plastic conduits. Observations/Comments: Electric system of the property appeared in good condition. No repairs are necessary for the electrical system. -::B. Common Are:r - .--- - " 1) Pavement and Walkways , Description: Poured concrete curb and sidewalk parallel to Rancho Drive are provided as' part of the City's sidewalk system. Driveways , and parking lots are typically paved with asphalt concrete, while the . curbs and sidewalks along the borders of the asphalt pavement are . constIUcted of reinforced ~oncrete slabs-on-grade. WalkWays in courtyard areas 'and the entry way to the ground floor apartments are composed of cast-in-place reinforced concrete slabs-on-grade also. Observations/Comments: Reinforced concrete slabs-on-grade were observed in a good state of repair. No cracking nor significant displacement of the concrete flat work was noted. Generally, asphalt paved driveways and parking lots appeared f5' .3~4 .. ..---- -, adequately maintained and in good condition. However, the asphalt pavement needs localized repairs, a new seal-coating and the parking spaces need to be restriped within one year. 2) Landscaping/Plantings Description: Adequate landscaping of matured evergreen and deciduous trees, flowers, bushes, and grass is provided along the sidewalk parallel to the city streets and inside the pro"iJèrty." - Observations/Comments: Landscaping and plantings appeared to be adequately maintained and in good condition. Except some bare spots that should be filled with matching ground covers. This work should be done immediately. No other repairs are recommended at this time. 3) Irrigation System Descriptions: Automatic irrigation system is provided for all, - -. landscaped areas of the property. Sprinkler lines appear to be PVC with 2" main and 0/.," branches, sprinkler heads appear to be brass. Observations/Comments: The irrigation system appears to be able to ..' provide adequate coverage for the landscaping and planting. Landscaping and irrigation are serviced and maintained weeklyby gardening services. Irrigation system of the property appeared adequately maintained and in -- good condition. It is noted that watermarks inducted by irrigation are evideñt along the lower area of the exterior walls near thè ground -- - ~ covers at several building locations. JCEPlHuang reco=ends that the irrigation system be thoroughly examined. Make necessary repairs and adjustments to assure, the proper spraying of irrigation water. 4) Swimming pooI/Spa ,': Th~r~ areÏlo swimIDingpool imd spa on the SUbject property. 5) Common Recréation Rooins . There are no common recreation rooms in the subject property. " (i) Trash Areas \ Description: Reinforced concrete blocks fenced trash enclosures are provided for the property. It is conveniently located for garbage , f5'~~5 .- ---.-- ----- -- disposal and truck collection. A trash bin is placed inside the enclosure · for dumping and collection by the garbage trucks. Trash is collected twice weekly by Pacific Waste Service. Observations/Comments: Trash area appeared clean and without objectionable odor. The area appeared adequately maintained and in good condition: 7) Mechanical .. .' .- . There are no mechanical units provided for the common area. See A6 for mechanical system for the dwelling units. · 8) Electrical See A7 for details. 9) Exterior Common Area Lighting Description: Lighting for these areas is provided by building wall - mounted and metal pole supported lighting fixtures. The city lights . somehow help illuminate thesite. · Observations/Comments: The property was .not observed at night, but it appears that lighting is provided for proper illumination of the site at night. New exterior lights can be considered to enhance the overall . appearance of the property. .. . . . . =" -10) Walls alld:Fences - .- -- - · There are no fences p~ovided for the property. For d~scriptions of building walls, please see. Section A3 and A4 of the. Report. , 11) Drainage Facilities "'.~-' . . Description:. On-site drainage is primarily surface controlled. Building ·påds are raised above grac!ient for proper draiIiagè. Rainwater from the roofs is splashed down to the site drainage system which, in turn, is cODIlected to the public storm. drainage infrastrllcture~ ,'" . . . .~:;; ,-' . ". ~:-" :.:, :' " .... .", - . ..... .:' '. .. ,., . . . " "','. .-,' . · Asphà1t paved driveways are'i:onstructed with 'noticeable slopes that are , away fl:om the building structures and converge to the center swales of the pavements for proper drainage. It rained during the on-site observations, no significant ponding was noted. Rainwater appeared to flow freely off the site and onto the. municipal storm. drainage system. i'5126 .". .....- · Observations/Comments: Drainage systems of the property appear to have positive slopes that lead water away ftom the building structures and towards the collection devices. No significant ponding areas were noted during the property visit. No repairs are reco=ended at this time. ." ." .- . - - -- -- .. - .-- -" - . . l ~5!h .. --- .------ __ _..__.._.__..__~__~.__n._~ _. - Attachment 4 - Proposed Storage 15-28 UC1:. cOt ëOO'l '1:45PM HP LASERJET FAX p.2 - . - ~ ct:" '- (.) > . < (.) ('t ..z::: ..... - en Q) .- E> : o.£E c: ::J ~ B. .Y ~ ëã ";:: EC W 0 - .-- ...c: .c: ~ (,) (,) en c:: ct,. We:: E- roN ø('l) B tI:I IS ID II) "C CI rc ê .; CD g, CI) .' ii;t eII'1;; u: ŒI c.. . ~ In (J) ?c .... IN 8 en ..-' eD ~1; : C rarj!) t ·~N:[J.1C1SND~Ž9 ZOS:OBtzau XVII 8t:gl tOlL%lOI -- _____ _.·____.__.w·_~^_ - 1 ~ -,.,,1. . I _.~ ."..Þ ~ ~ , · l " ~ II ; . II l" ''1 , 1.( , , . , I '. . . ~ H !~ .... "- '" ... , (, . I "-¡ . ~ 1 ~ . , \, \ ..... I ~ -.¡ " "\ . ... · , 'I: , .. . , ~ , '. : , " Z ¿ , - " :) ,- ' . "'1, ~L 'I ., .;, -\ ~ .~ c.. . · '"q )... 0:: , j ~¡ 0 " 0 ..J -j LL , . . . -_.~J.-:"....\ " 1-. , ...--- , . '"'r''' ..>¡" "". ~. '.of en. . .,-: ".. . "... ~.It -,.1 ~ ! 0::, ~..u '~!l..~ ~ ii: . ".. .'"., Ww l"'" C)u -+.~. ;;;~~".~ - -' ~< c, _ OD.. l,,~.j.{,.~; ¡ -0 0 q - -'..-}, r··,',.",,_ '. '<V:;\l "..l .... . ·_;£!;1~:".: 1.~ íq 2J?\~!;+ \ . ."~' .;,',.'. f ' ,~ . ~.- \ ' I, ""'" .. c ~' ~ " , " . · 'I : . " , \ ~ "\ ~ ,!" ; ~ · i -- -~ . "" ..np . 15-30 - - -- - -- Attachment 5 - Noticing Documentation 15-31 ~ -- , . , ~, . .... - - ~ ,. ,-, ,-'-".... I 1-:'.. <'II g.....,g -- ~.__... , " 12.:0.;:".,," I I 'LL I ....' ~.g a..,2;; :: . I --L-....L. ---I..;.....--~-I _I - I I 13..~..""~. --. +- --- I I ' I ' ., "".õ:;; ~". ~ Ie:;; I' I i'\i-il I I I i ··L...L.. I [----L-J~JH~]:, - 0:.., I I --..-----+- " 'a;s..o!!!! ..~ !---'-'---;--- '--~I- I ' I ~ ' ¡'.' I' ~ª ~ ."~;"I ~ 1_'1Þ' I I I I I I, I ..<::I;oo=,=>: -. '- ~. 0_. 1"'"-1' ,I, --!----,---.,--.,- . I' I l.!i::~~ .:!~I ~---i--.j---'----'-I\T I· , , §'~=1:~:1 'U', ,¡ '" I I '-..L.'--e~_s~z~ r ~ . I I I I , -L-----r-----r----;- "I"' "... . ~ <II "1 ' , I I' , . ~ ~~..;!! <>"Os;... . --------------,.- I '~ ' , , I.'';~!", '., , ' I I ' I I , " .'0. _~ Ig.::, I I I ; L: " "~¡-: ,;::~ .~~;:!! ,...---- , I I I ' I I I r I I " "''';.a-~' '" I' I I' '"5.-.~.. ';!!!, 'I [ " 1 ;."g:a'_~1 !~§, 'I i : I I ¡ 'I I, I 1 : 1-g~lH:~~~ JUJu' ~ , I I I! 'I .:!~c....~cc: : , , , ", ....0-0. ~-:;, ' " I I I 1._1-__...:-._....!...._.--:.__7__,Q=~=.!t;.;; '''', -~---- - '" r '_.,~. I----+-----'--·-r----, -, 1 I I I I ' I ' '::;,,::¡..s I I I I I I '__'. 1 I..~u...>. :~.' : : ¡ : I I I' :"', /.';_''''0'' I' . ªg~;:'~31 '! = " ' , , I I 1 'I -¡'" 1__ I'. ~. -" ....- = ~ '=.: '" , r' -. -'I ", .~_~a.5- I~::>,,: i ¡ I I I,: "J.,_, '-"'----'.2..~=~ :-:: 'I __Ln_-"--__" -:-=¡-'-~t-'.;--¡ 1;;'''"]=:1 '----'-- ----'--------,---1 --,-- I I' " "~I,' "",''''':", " Ii : ; 'ã. _ ::. =~ ..~, 1 I' , _' '\:""), .,,=.... !ffit] I ! ¡ , i i I \ .'¡' ~~.'.! i~,:¡~].i~" '::-ð': 'I" 1 . . ,_"._ ,'".-<'"1-...: :e"~a-=~'¡¡, i~Q ' 1 I I ' , : I 1 ":.... ._1.. , '.g~ð:"'Eo=1 "5/r' : 'L' ., ' ¡-...... 'c --, ;-.~-~"'_4.!!~ª¡ I~-, "I --"-----....-,-___u_.."..... """"0-' !-.~:Ir.--~.)-.--_._~..___I______¡.---,--- -'J : " .....1·....___ ¡ I ,§;¡-::I :S~: J " 'I, I : I 'I I _.0: ",'~"_ , I ê'", . i Ii; : 1 I , I ,''''\, I i I~ = g ¡';,g ~ - S:' ~ , , " '" ," I ,_ g~;'E ...CI:II . ''g., . , : ' ¡ , r , I ' '.... I, '¡h . OQ", ~ 0> -'. ii , , ' : , , , 1 , : ,-...; ; I ' ! ."" ~:: .. :; ~ "" ",--, : . : ' 1 ' : ' '-.-i.--------.---.--I.:¡¡,e-._~.I - ~-- "'-.- , 'L --- --~----·t--.-;-: :,: 'o;e,'Ô;¡:;;. -<IIíS~~I:~¡-'!'"----'!-.--.Jh_--¡---I·-::! i, I 1"1 I !,=õ==Õ"c:I1: ê' ~ 'õ H .: ~ : : . i I : I ¡ ,¡ J I......~ I :.! r j ~ ~ ~~, · ~ - ~" I" "I I "~ ., _, -e, i!!.~-::: Qg!'"¿¡,..., ., r . 1 . 1 ILl: " : I'<::~~!..Q~~J en :;,,~ '" -= . ... " f., 1 I' I I, , _ <:I C .",... ~~,.-.,"-. . , , " , , " ~.._-=."'-o . -0_ ~- , , " " ,,_ '00.. o. = ~~"a Q~ , ' , , 1 , I , , !_...L____.____'-___ '-.'~-'='3J' ~- ,0..""" '. r , , í..·-----r·----~-. I' I' '.....=_ c:::: .- <::::.. Q·..·'7'-··~-···-¡.--·-,-_·-____··_·_r·-- I' ", ~ ¡<%~'"'......._ .--¥.---- r I '! ¡ I I .: I' ¡: '~~õi:.æ~~,.5 = , .., I " ":, ,~. "=,,. 0 a lit Ie' . , I I" I , II I J. ::!~ "'0 =- ~ Co. 0:::: >6 II:! ; : .: . , : I r , I ;: ¡.. --=11.I=.::; <>_ oS .<:: ,¡¡. 'ì ~'I' 1 c I 'I 1 ....c ~::o:J .<::~.:¡ "a: 'ii · . ,0, , ' , 1 , . , I. " , __ _'-'=-"-"-,__ _ '" E -5 ,,-, '.J', I, _ __.__._____..____ , '\ ~ ~ 5 ;- -'-..d--......~--~~--;__---,..----c::;_r---,---I',; i ! I' I í?: ~ - ,,=, . S -=-- '~ .ð ' - r.... I d .'" ~ I.....,. ;,l ;; a ~: f.¡;; ~ ~ so 1-_1 í"1 ... 'G";, ':;.,¡ . -' 0 · =... I ,¡;J...J -- = ::!. -.: <J1 ,,;; I IJ ~ or: I _, .r '_ _ ~'C~8 :=~::'J-:ç¡ ~':;;.:!'~~ ~f.¿__~~:§l~¡ i~ ~~â "Fi\ i ]!,!!! : ~ .<1~"" S . ,'- C)'" qJ ~,,~ "" d 90.. ~:::I$ J.¡¡<= ª'''''-h .gs \ . ¡i~II~~"'~~, Ó!§>~.~$çq-~~J~.'þ£~~g I ~lâ·~<"'1·G'~ ! rrrrrr", . ~ ,::;...>i ~ --O:'s'=""ù<:!: r-¡:: I .... 1"""p.¡H ,~-I~ J::. i1' ~ ¡,; '_"-J":, ! .. is:;-''.g;.¡,,. -1'=5 .;:¡ I c'~~: JI5 l'g 1 [--;;> jllj is:: ~ -; .¡¡ I ~ :u~, ,. ~I "" S:,I -, _I 01 ~r.P ~ -0' c¡) C-!.j<;.) I ,_ ¡ ~ ~ ¡ ~ ~ ì~~.¡- /1 "'¡:II -;¡ti¡ #/ *'1 ~ ~I ~ ~ ~I ~ ~~ I' = .;; '''14..~ ~ I ¡I, I """I I '1- ~ 5:¡¡ 'I !, ... ~~ é- ¡ , i I I, ! I I ,~_ "ë u~ : C _ I 'I , , I. ~~o~~!!!ji1J},.:::JI ::/---I:::¡ - =1 ::1 = -:=:1 =1/-==1 =: ~:Ii ~ <! 13:!! ~ s! 1.;:. ...,-.. I - I : - I I . if. :¡ -- -'" "~ ! ,"'!:: . -' - '---.. , 1(1 I - I \PI .,pI ~ I . ~ I :S: -9 ~, -9. ~ i 10 0 'iJ ~I <)1.01°, {) {)'¡ "::J C ~I <:> QIOIB,§ i J I /I 'I I J ~ J .!..: :../ .!. I I ': I I \ \ I I j~ "'D . I I Ii! I - -, I I - I - _, _ _ ,. ' 3:\ ::1- -¡- - - - -1- -1- - =¡=:__ I:¡¡ Ii I ¡ j I II! I ¡ \ I I \ I \ I I C 11 I j i lij I ~ 'I § J _I _! -I -! - 'I I _I _: _1"3 ~ 0 ! Z - I -' - i -, -' '. - - . _/ _i -I~c: c '''' ·1 - : J 1 ! -I -¡ - I -I - _ _, j ~,___._. c: - Ii! Q " I' "I -, _ " _'I '" ! I:' ¡ I I! Ii! I; I :1' r I' Ii I I I I 'I J j \ I , OJ ':0 "I' I \ I t I ' \.,.~_ ë : I'" -, _: _, _' _, _I _ _ _I _, _ =, _: :=;.;¡ . ~ "I:.:.¡ -, -¡ -i -: -¡ -, _I _ _'I -, _ I _'I :~. ::¡ '''( , " ,I , I , '0 "" ~ ! I. ¡ I ¡ JI' ,I ,¡ I ¡ ,i I! 1 I \ ·1 \ I 1 \; \ liÆ '" - ", \\ ¡ " -, _I , - - _I _ I _ e:>. e ~ , " -'" - .j - -" ,- - - 'C ·ð -' -' _I, -' -, _I - _ _. _, _I..::¡_ . c æ ¡ ¡<J' -! -¡ ,...1 -I -¡ ; I ! L i___.L__!:æ¡f u. ' ,- ;, 1 , , , _n --- '---'-, -,:;;~ _ , ,~ ._::¡ OJ m ., " ...._.___u.__ ~ "" '""'.',._ E ¡~l1"1L ,'- T-"T-'--I-;;;-'i-~ ¡ r-- , '" i en r;: ~ I ~ I ~ ~ 1 ~ ,...._ .. ! : ~ , ,.... : C\ I ~ r oq- i , , ' . . '''"'':~-.. .---~.-.~;...,.,~.., ..i":...--'-/~"--iê""''i~o..~1f_~.~..-....-.-~-. ."--,,,. ---'. f· -' . '~ü " ,," "CCOO'"":, "" ,:",':: 1\ "" " " , ',,-, , " ~ ,: , '1. ,1..' ~ c¡ ;~;~L" :;',;; ",:: '~~ !a:~ I ,! ! 1\ I "'->'" '0- "":.~ , ¡"""""" ",;1 L.; , I I ' '.-L-, "" , "'''c' : ' "'r.¡'1 10., , l ""~I 1 """ ", 1'_ '""L-"" ,'__ '"" '''' ,'" ~ , , I, ,-',,, ", '"'''' ''', '.. " u 'I "'C, ", <,~ I",~l-+---'r I I, "", "" ,,' --r 'I 1, '. __I " . , " , '" u_ , , " ,.., 1",-= I-'d--¡---'T I'i I Iii 1 'ëHg~""! L_+---1 +----+-1 \ I ' --I: .1 "., 1 i;¡ ~".:::.~I ., "', , '. .0. ". 10. I, "'j'-I I I I I"' '['I ' I~~~~..o" ,c~l, ".... , ,_ _~~ '''T.~ '-I I' .! .t,',. .....~., -..--ICI>_......'3~<I - , '" , , "'''0'' I~ '[ 'I I I 'I I I "'"''-""'':1]' t, , .;¡~~-::'";;~, ,., "" ,,',,~ e, " '"'''' , IJig I i \ i I, ~. -\- I 'IJ r-.~." i I: I :g~u,,~~ ''':1 L '-:----; 1 I 'À' i" ~J"";""I' , '';'''-~o.1 '~ë_.._ "'1' I 'I , 'I " 'I "]' '1'I'·'''",j.·. ¡ -:-"~-;:".n;:~ " , I I ", w. _,...,-, " . . _ Q_ ", " " ~",....", ¡lãi~I, I , I '\ 'I '.-LL-N; -"1 '. I' ·.!':::'I.... I I I~,-k[]n~ ¡¡". ; i -'T' I I ,'t-. , ! '~.;;Q.;~": :.5::>1 I' --.-;- , , '¡ '1::;~õ~5~=i ' , " , -, ",. L_ ..:-1 -OIl 1 'I I Ii' I I I ~,-~.'.'.'i '" , ; I , " " 'T' . i ',¡,,,,, !$fA' l ;1 , , I ; ',L+_, 1 , 1 . I,,,,,,,, '-õ I 1 L-,- I ' '''t ' . ; ,,,".g~'¡;2.., ! . I, "- I, 'I I I I ' I.. .. J! oS ~... .E' I·, , , ~ .--, . , " "-"""-'1 <-, -._-, . 'I, I' '..,_ _.=-""=. '- I ' " , ~' ..~ ~ I '-'r' I '¡'" L.-,-, --:- : i ...gll~g],g '-. , , " , , "'" ., lli..' 'I I 'I 'I ¡ '-'-',- _I I , ! I 1 ;~;;-;;~".;;;¡ ~.. , '''-I , 'j'='=-e..ca__, . ,C,c¡ I . 'I "'---, '" ¡ ',. :C.=.::I: ,.SI.å\C. - ". -, , ". '. t.~ -g~~-;-.. ï --¡--'I . :1 i - ¡ il ·1 ¡ Ij LL 4--IH~~!~-~] . , o. ...., I , . I _ I I _ I . ,. = ,.. -., <:I -õ,ªii",o: I I ;, --1-'-' "I ¡;;;¡.¡¡'=~~o. iJi~H~, æ ill ;__L_I .-.i-· r - I .[ 'I : I IH~iåi~ ~ ." . '" ~ . I , I_I , ¡ I', I"~~" ~;¡':::8"~_._. _ " . 'I ': I ' I '___', 5 -~'!.... -, , I!, I' I -- - I~ I W or -;;:. I g,! , 1 1 I 1 1 _1_ ....L._ I" 'I ·1 ~ I I 5 ;; . ,,,. , 'I " -'-: I I~~, I",' .: '.. ,. ".- , '. .~ ~ '- . ! I, 1~'''H+,~ n Jl 1..- 1 J? '''' ~¡¡~~~ j !'~f I ' · ¡! Þ- ~- ,¡¡ < '" 0' '.g~ < ~...~:§ "__ "-'. ~ "., , "''''0: 1!' K> ,__ 1 "'I I ~ _ _, _ _ ~ _ ''-', 0, _ ~'",~; _ _ _ " '~ ~, .~, "'.'_1- ,~f~: ~ ~: wi ~I :JI'~ ~:I ~: ~I ~ 'I "*"1 ~¡I :;"'1 ~ I~ ~ '~I':' I I I +.:. 1+, I I I :::. -=:.' ~ ",~ , " '- - -, - . ~'i ¡ æ I ~! . ¡. :::: -==ì -=-1 ::; = ='t-I~-I 1 -I _', -LL_ ,,'" , ~ I a"_ - 'I I ' ---1-_ , 11 ¡¡ Ii i ~ ell ~ I -: , i __ -'-I' I ""'; '. , "'hi '"' -'- , " '" <'1 ::".:C'CJ~t_I~J__ ..11 ,..,Sf r:' Jd~1 ~ "'I \5 ., ~ I ié r ~ c - I~! ~ -loQl ¡.Q ::r' tn (?1~¡iPlçC roo r¡ ~.. ' 'I 2:l¡ £: r 1 r r- r S 0 ~ I C>' ~ ! <:> <::> I ,; : ' 0' Q ", a 0, . I, 1 1 , ,.. I ! ~I J ~ '- .!. ~ I c. :.' ':'1 .: .:L ::: :::'::: I¡¡ __ ·1; '-$1 ~ I ~..:. I :1 ~ i "; I -;1 711 I, ~ II I' -=-, ~ I ~ ~__ , ~, - 'I -I - - - -, - = _ _, '1' I I 1, la ,>, '. - - - I 1 , _ "".. ¡ ~ I 2J' I 1 \ [ I I I: I I I ,I,; 2.1 _I =" '0, _I \ i~i 1<, ::!, _I ':::"1 -, -, 1 I I I \ _1-.. ' . - -, -, - -, -, - . " - - -" ' I 0, " -,-, -, -I -, , · 'I =' =, _1-1 Il~ I ~ 'I I I' I' 'I ='::::, I I ! --1.,,"i . . "- - " '- ..., I 81 I I,): -! -; _ _, ,I-' ! .....l..._..,._, ~ '~::: ! '-'-[='1-'1- , I '-'r-';"-;-I"'I~I-, : ' - , - '-. c ~ : I n' I ' I .1_ i,'_''':'I_;';'_1 <:: I ~ ~, ' "_.,-, I,... [ . ! . ,-. "' ,"', cc , -" ;-:;-;- C"J ¡ C") ! -.:r I , 5, , ~~ ."'."''=~-~,,""~'':-~:~~~+-.., , - -'1"!E1="~,",, f ~§3 _ ""'::.::-':::."=~="".,.,,...o-:,.:" :"""";;"@''''''''~'''''C''''=~' ,'::~~"".".,."=,, ".. 5 _ p-.ë: .~""~.. ~ ~ I I 1()~~...!.1= ---- 1 I ~'~-;-§~'='';¡E..2I I I _._ I_'''~"~~ I I I I --I I i ,18gj~; . \' ~ . ~ \. '~'." "- l -~-_. I ; . .. , .. ~~ > . ~ ~ ~ä:~ I_-I_-_~~I- -. 'I ·1'" í i '__.L---¡_. I I I.i~';,;;~~ f-I-':- -,1 I -t\1 ---,! I ,.. I "":¡P8'~:;;i o::g I . I.. 1 ,---' Ii;" I '_.1 i --:'_--I-TŠ:~~~;~I 'r:-"~t--"----r ,.1. I +-, ". . .......0 - I I I ' - . '. I " __' ê ~ ! S j ~ ~ -. . '--- I ' " _ 1.0_.... -. n _, .....,. ~"'~ --1_.._._ , I 1\ I I' --1-'--:--1' :.~'11'~;¡1 I I 1 '. '-'. '1'''~l!;~<i o' , , '__ "',.,. I"',:: -, I, 1 1 I I I 1 f I 'I ~,¡.,,~.;; "I ----I I I 1 1 . I I 1 ,~~ '.._" , , , ....... 'g~1 ' 1_--.-__, i \ I I' I I I 1 11]~~~~'~il '-- . I I· 1 \ I ¡ I' , . 0 ~ ~_" '" I I'" I, ~L_"""'I ¡I§i I ·1 :1 I 1 I-~~! II -1-.¡ 7':·I----(:·,-¡ IHHn~ .~ . - I \' . - I· ~. O~'-'" I;:::,: "-', I I . '; . \ 1....~j¡"'''!~Cii · -- . '''. '. .".''" 1_- 1- - -, I I I I I j. I ' __ I ",J. " ' I ,~~ .., , . .. ' . , , ,,' .~,., -"'n" I~~I 'I I ·1 i I I I \T' j::-7~ .*'~ -J" " i 'Ig i¡:,¡.~ tFi ~g r .11__ f-·_·-;- i , \, 1',-__1"'.->._., ~J:~l~ã:;¡ . ~" , . <, ,e'"..., ¡-~~: -'¡-- t ¡ ~ I I ¡I!, I k 12. '._ 'j!HHt .>. , I 'I '[ I I I "'-_ ---c, .;¡;."~~ IU! I , ! i..._J r- -;--~- _I -'1"'- I ¡ , I ,HihB <~I .L- '. "--I I, ¡ I "\ I ¡¡~"53=" - -,' '. '" - -""'" 1°" : . 1 [ I 1 I : '.-L______¡ 1';41I''Š"~~ .50. I· 1 . I ___I ~' . ~..=~..~ - ':1g 1 '. I --- r:-¡ "1 ;::¡f-ªi=i.: "g' "~'-'" I .~- ,.- 'I . I . .:;!'';:~3 . . . - , -. . ""., '" .. n~¡¡~,_______[ -! I I I . ¡ I I IL j I ! J¡¡-';;;~i-:~:. õ.:'òq;:~ I ¡ I ': I I " . ' ;-_ '';:;¡~~i=._ E._''''_Q ~- .' I . I' I_~ -- H "~"=u="..E .. '.. '. - -. .... .-0 ~hH h: ~; 1__1... L ~-I" -L_¡ -'I I I I 'I I I !~-U~H!i~ <~aà8~+_ "':"'-¡ ¡I ¡ " I ¡ \1' I I¡:~~~::::_Q£Q -'::" I . 'I : I ! I " ¡ _ _: I _ ,.- s ;¡¡ III I CI, I . I ~_ ""--'. I . c:: ~ æ: I '¡ _¡ 11 I ': ~ . - '. . , ~- ". ., ~ , I i a !.~ 'I-::;J...~_ I'~I -~i I~ I ~ I;; ! fr~.J "'~ ,~ U; ;1 :¡ ~ :;", -<, 'I 1 '"' ".,., £:~ I ~ '...... <:j ~ 1'£ l';:¡ ,-. I'" ~ -; š.§ " I ~ '¡ß i·'B 'î ¡ ~~- i.~ QJ '>! <:: .o:.l~ =s;: ~ 1[1.;:. : -if ... ~ l :§. ~ ]<5..= I.,i, .: r1 u1. \.I ~ ~e j.).. ~ ~ ~~ N 'i: ,. ~ .:;, ~ ' , ,- . ; I ~ " "¿ · =, ~ , ". >! ,,~ , ",-.L .~ . ~ - . d '. " _ ~._. ~ .. ",._ _ . _ ~J§~ ¡:lI¿ !ð8t-.~ €~-11.s i~ ¡~~~;;: 1__ 1'.2!~ l-t i¿; I~.. i ~.." E . a: 1',:- ';","cr~ ~ .. ~. ¡.s:: S~! ~ ,g Q I ., .[ ':;" c- 0<" ,_ ~ ~'. .. . "" _ ~'. ¡; '::J":u I ~-'.g~ 3š1 § 1'~ç:¡3 1 "~~'Ig J d ~ ~! ~¡ ~'~~ c3 ~ :.¡j I þ'-;.~ ~ J'I U/ ~ M ri c::-¡ !;;¡ r?-i ~i ~ r~../ ~ ! I J !..:~-~ Ii5I ~ ~, ..p. ~ -= "# 'j ~I :ïT I 'itt..'1 ~ ~i I Uj~? ~ ~- :¡~-t~-:;;¡-=:¡:'I :ìti4 ,¡¡. . i ¡ _, _:~. E a..: æ !~" I ; I _I ! -- ~ - - -t::::-I _ '¡ 'i! - CJ" 1 . I - - 1, ~I _ _, 'Q. '. ..,. ~, -' ~. ~.- ~ L.11 ë ~I ~ I - - [ = - " ::;- =: I rrl -- 1_, _ I <:- "-" Q.. -, -, - .- . .,.'" -"I . '..L' _. .~ "", ~ ~,w~.--;cj.-¡'%+-"'f·--LI· 1- +--'1 r i >(, ~'11Õ1 ~i ~: r-I ..- . I" I "':T I" ,n _ "I ,¡ ~ '" "'"I "'"I ~,., .! I ~ ~:I ~. ¡p../ ~¿b¡ ~I ~ ~I ~I ~. ~ ~ ~i ~¡~¡ I () ~I <)'1 C) 0 CJ, a, I 1 I, 1 I I 11. !I ~ \ I' ¡ I III I 1 ~ .~ I l 'I 11::: :: ¡ ::: I ;:: ::: '~~ 1 s< I - -I - -'I - - I 1 I 1.r< ~ '~I ï -1-,::: - _1- I -, I I ì. 'i _I -:--1~ Ii it '! I II , I I - ~I "" "i "I -i.~!.~~ ,. , ,- -, - - """" ~ ~I ~ ::-f -='1/.:::1 = _I i 7/" 'I ,I 'i ~I _ ;..1. -::!~" .~ <: "I I 1 _ _I -J _, _, '0"'0 = ßj !, c:> ); I J _ 'I _ == =1 , _ ,I \. 'I I ¡ I! ~ :Ii '" '~ - - - . "" õ I II "~ - -i=:; -, I ! \ 11 'I 11_1_ ::..::;§~ ~ ; - - , " 'i ~ -1 _" _ _ "" ~ ;;¡ I. I ði I. I J 1 ~ I :: 1 -=' _I --hï J .1_ L,;.-, ¡¡;-!~ ~ a. ' . I 0' , _ "', -, . I _ . ., _ , . , = , _ , _ , 'E :, <01 = - I.....L_ ~_ ToO" 0 _ I ~ , ~ , - " r' , -. ,.~ 1 r- , . I' --"- -~ - - - . 'or. _ , ~ !ïl--:' I '" I "" ""'"! " . ~ ~ I ~._--. '. ~.~ ~_"'~"..:~~~_ .....~C"·" - CONDOMINIUM CONVERSION-FORi VI A - 60-DAY , NOTICE TO EXISTING TENANT . .. OF INTENT TO CONVERT To the oCI:1Ipant(s) of: -- - 1 321 Rancho Drive 'I , Chula Vista.. CA 91911 1B (addnss) (apartment If) , " The owner(s) oftliìs building, at 321 Rancho Drive. Cbu!a Vista. CA. 91911 (address), plans to file a Design Review and TenþtivelParce! Map application willi the City of ChlÙa VJ:lta to convert this building to a condominium proÍ!!ct. Y 011 shaH be given notice of each hearing for which notice is required p1U'311ant to Sections 66451.3 anit 66452.5 of the Government Code, ud you have the right to appear and the right -- to be he:1ro at any such hearing. The OWDer or OWDer's agent shall provide a tota] of five (5) different notices throughout the approval process to each tenant prior to the tenant vac::: . "the premises due to the conve1'3ion. The City of Chula VISta will notify eacñ tenant of all . ree (3) public hearings (Design Review Committee, Planning Commission, and City C01llllcil) for th ¿;;/ZJj , (signature of owner or owner's agent) - ..- - Semember )31b. 20M ...... .. ~- (date) - '. -- .... (Section 66427.1(0) &: 66452.9 of the Government Code) : 1"54.§S · 60 Day Tenant Notification that the Owner Intends to File an Application with the City of Chula Vista to Convert the Existing Apartments to Condominiums Henry Martinez . 321 Rancho Drive Suite# 18 Chula Vista, CA 91911 .. .- . The Owner(s) of the buildings located at, 321 Rancho Drive, Chula Vis'"..a, CA · 91911, Intends to file an application with the City of Chula Vista to convert the building to a condominium. You shall be given notice of éach public 'hearing for which notice is required pursuant to sections 66451.3 and 66452.5 of the Government Code, and you have the" right ~o appear and the right to be heard at any such hearing. . / - '£ ; p .- · /~i'j¡'" ~ }/ tI ~ V}-""j' ¿-ll./-.., - 09-13-04 Westone Management Consultants, LLC Date AuthoriZed Agent for .the Owners of the Pro~rty - . . _ ...4 _.- - - .. - · .' " · Westone Management Consultants 1640 Broadway, Suite A San Diego, CA 92101 PH 619.645-9071 FAX 619.645-9075 '. I' ':..1, ~ :. Rent Roll pag'1 SMCLARCE 321 .321 Rancho Drive 9/112004 G':O PM Unit Tenanl T~nant Unll Marko' Adua' ..Y.!!L _.J.la- Cade Ham!., !Clft R.eJ1L_ R.", t!~osl~ Moyg..," ...F.!o~ CUI! NSF.!:!!! I!iIIrir.a 28R 18A 321·IA~ X . 'Jull" Mora'.. ond Carmen ViII 820.0 975.00 97.5.00 000.00 11/08/03 975.00 1 0 2,.,8 28R18A 321"8 Henry Martlnaz., 820.0 925.00 975.00 500.00 05/04/0' 975.00 0 0 _ 28R1SA 321·IC Resie 5. Riea Gogue 820,0 950.00 950.00 , ,000.00 01/11/03. 950.00 0 0 2,·10··26R16A 32'-10 ._.. Oen,en San Nicolas Jcaeph L. 820.0 975.00 975.00 975.00 03120/04 975.00 0 0 =- 2BR,BA 321-18 Ca.;les 8. Athena Garcia 820.0 925.00 950.00 500.00 05/01/02 1,425.00 1 0 . 2BR,BA 321-1F'- Ma"'ne 8. Lma cardena. 820.0 955.00 975.00 750.00 09120/01 975.00 1 0 II 28R18A 3:l1-1G Ana Gomoz 820.0 955.00 975.00 300.00 04/02/96 975.00 0 0 28R18A 321.1H .Femande Ambriz 5. Rebec"" 820.0 970.00 975.00 500.00 02128/04 97'-00 0 0 28R18A 321·2A Joh" & Mana Zlonla",~y 820.0 950.00 950.00 500.00 01/09/03 1.05(1.00 0 0 ·2'-28 28R18A 321-28 LOS'ie 8. Toblan 9radlc!< 820.0 880.00 925.00 300.00." 07l16/ot 925.00 0 0 Il!.~ 28R18A 321·2C AnTando & Diane 8arno. 820.0 925.00 925.00 0.00 0'101/03' 875.00 0 0 ·21-20 28R18A 321oZo lUa '>am ond O.""r Aguilar 820.0 920.00 950.00 1,30000 06130/00 950.00 0 0 I 28R18A 321·28 Jano. Wallar.;..L 820.0 920.00 920.00 1.000.00 03/10/01 840.00 0 0 28R'8A 321·2F.. ,.6 ~nma Wllllems Jamie On'9 82a.o 610.00 975.00 975.00 07/01/04.- .975.00 0 0 28R,8A 321-2G - C:~rsUna San!:;n. - 820.0 92S.00 925.00 920.00 0411B102 1.390.00 e . 0 .SR18A ·.321·2H ';",·""J05'\u"8' aal'Ow, and Ivan Dura 820.0 925.00 925.00 , ,000.00 03/02103" 925.00 0 0 .'28R18A·· 321-AJ .': Vlclor On.ga & Monica Osorio, 820.0 955,00 975.00 975.00 07/24/04 - 942.50· 0 0 121-38 28R18A 321-38 80c~y & 80nnie CM.pm;n 820.0 925.00 925.00 500,00 C6/1S102 1.354,00 0 0 2IIIIIÞ 28R18A 32'·3C E.plnoza Obdulio 620.0 975.00 975.00 300.00 02111/95 925,00 0 0 '2'-30 28R1SA 321-30 Ev;rlste &cV1r9inia Gon:.lo. 620.0 955.00 955.0e 200.00 11/06197 955.00 0 0 ~ 28R1BA 32'-3E Edv'ard 5. Evila Ca.uo 620.0 925.00 925.00 500.00 05f1B102 925.00 1 0 __ .8R18A 321-3G Jo,", & Claudia Gonzaloz 820.0 955.00 975.00 1,000.00 0'f2Sl0, '.975.00 1 0 12,-3H 28R,8A 321-3H¡ P.çgy Simcn Terry Suoufferhe 820.0 975.00 975.00 500.00 11/16/02 975.00 0 0 12'04^ 26R18A 321-4.1i Mlit~n Li.arraga & Angela Lop 820.0 955.00 976.00 975.00 03lJJ3I04 9.25.00 0 0 121.'S 2SR18^ 321-48 Nor". Goff 820.0 920.00 920.00 200.00 06/01/61 346.00 0 0 . II .SR,SA 32'-4C . Mi.:y CerllY & David Sanda 820.0 0.00 975.00 915.00 07115103,- '.950.00 1 0 '28R1SA . 321-40 ".'~ Taylor Artis .nd Elizabeth Mor: 820.0 925.00 975.00 500.00 10127/03 950.00 0 0 28R1SA 321-4E - - Ch ,lC~C & Kevin Sawyers 020.0 875.00 675.00 600.00 05l2J/01 875.00 0 0 .: 121..04F~elUB.L.321"F . .".'., Chri.tina a. Vol.nd; Sllrra' 620.0 875.00 975.00 975.00 08/13104.. 552.50 0 0 ~~. 321~H',.~:~~~['¡;;~~J,¡~~'¡È!~~S' m:~ ~~~:~~ 925.00 1,000,00 05/011031- 925.00 2 0 1:21.5B ....28R18A 32HI8 'c. '··:·C~rlsllriõï:êñë..w'kl . 620.0 925.00 925.00 500.00 01124/0~ 925.00 0 0 1:21·5C 28R18A 321-50 Gu¡¡d;lupe U~;. 620.0 1,006.00 976.00 500.00 09125103 975.00 3 0 12U.!L 2BR18A 321-50 Alvu,o & Georgina Roman 620.0 925.00 975.00 250.00 09101/03, . 970.00 0 0 - IIIIIIII!II!I" 28R1BA 321-ðE - Molan'. Holahan 620.0 925.00 925,00 300.00 09110/98 925.00 0 0 iPì·,.'28R18A ,32':6B .,,,,,..,Re,,a oola Flor.s & Ro.à Den 820.0 925.00 975.00 500.00 06/02104 1.008.00 0 0 28R18A 321-0<;; '.'" Fo"ando Arellano 620.0 950.00 975.00 975.00 12/11/03 942.50 0 a . -aD. 28R18A 321-60 . Sel91e ouÕk' . . 820.0 950.00 975.00 500.00 09/0il/03 975.00 0 0 12'-Se ""2BR16A ··32,.ee)(:''''''',lonJcò Garibay Va;auez 820.0 925.00 975.00 975.00 06/17/Ò4 - 975.00 0 0 ~1-7B ,,,,,-2BR1B"-:J321,78 """'.c,liacll. Galindo & Ra'ael Nlebla 820.0 925.00 975.00 500.00 10101103. 950.00 0 0 121-7C 2BR1SA 321.7C RUlh & Ramen Horn.nde. 820.0 1.025.00 975.00 975.00 07109/04. 975.00 0 0 121'70 ""2BR1BA "321070 ","=R.· )ue.. 620.0 925.00 925.00 500.00 06101103' .925.00 a 0 121-7e 2BR18A 321·7E· OIl,.la Jone. 820.0 920.00 975.00 300,00 '0107/97 292.00 0 0 12'::68 ,,4BR1SA...32',sS ","""'Mllellna FlorIS 620.0 920.00 920.00 300,00 04130103 .376.00 0 0 12H!C 28R1BA 321.sC-.. )(alier E.p.,.a and Olga Esp. 820.0 955.00 975.00 saO.OO 12/21/03.. 975.00 0 0_ 121-aC 28 321,s1L;;:~ LizlI Gray Nophtall & Carmen 620.0 950.00 SSO,OO 1,000.00 04130103 950.00 0 0 - .., 12,-6 ..".·2BR'8A -"''''''.,' ,--".,,,... 820.0 1.005.00 . . 121·GOI AR 321oG01 Javie, GuUerro: 0.0 0.00 0.00 100.00 03/02102 .200.00 0 0 121-G02 GAR 3210G02 $ol'~ e Bowick 0.0 0.00 0.00 100.00 0&29/00 .100.00 0 0 121-G03 GAR 321-G03 e.':I<)I & eonnl. Chapman 0.0 0.00 0.00 0.00 08/15102 0.00 0 a 121-G04 GAR 321.GQ4 NOlme Goft 0.0 0.00 0.00 0.00 0&07181 0.00 0 0 121-G05 GAR 321-G05 Ma1inoz Hanry . 0.0 0.00 0.00 100.00 05104/04 0.00 0 0 121-GOO GAR 321,€06 ~!la 00110 Floras/Rasa Delia 0.0 0.00 0.00 0,00 06102104 0.00 0 0 121-G07 GAR 321.",07 Millon Uz.;m¡g. 0.0 0.00 0.00 0,00 03104104 0.00 0 0 121·G08 GAR 32'.G06 Rle...n:I Mo..I.r 0.0 0.00 0.00 100;00 05111102 .100.00 0 0 121-G09 GAR 321.G09 T'I'o, a. EJl:abolh Tayler Arti. 0.0 0.00 0.00 . O.CO 101::!SI03 0.00 O' 0 121-G10 GAR 321oG10 VIe:., & Monica Vleler Onega 0.0 0.00 0.00 0.00 07124/0~ 0.00 0 0 121·G11 GAR 321-G1 I OJayten Whit. 0.0 0.00 0.00 100.00 02101/01 .100.00 00 121.G12 GAR 321-<112 Sh""", 8ecleo. 0.0 0.00 0.00 100.00 Oil/01J99 .100.00 0 0 121·G'3 GAR VA:ANT 0.0 0.00 121.G14 GAR VA:ANT 0.0 0.00 121.GI5 GAR 32'-G15 EIIJ.abeth 8un~ar 0.0 0.00 0.00 0.00 03120103 100.00' 0 0 121.G15 GAR ~1-g16 Rufh a. Ramon Hemande: 0.0 0.00 0.00 0.00 06130/04 0.00 0 0 121oG17 GAR 3:l1-G17' $..111I Wobb 0.0 0.00 0.00 100.00 04122198 ,100.00 0 0 12'.G18 G.A,R 32,-G18 5..111I WebÞ 0.0 0.00 0.00 0.00 04/22198 .100.00 0 0 121-G19 GAR 32'-GI9 Calmen Vlllaruel 0.0 0.00 0.00 0.00 11/07/03 0.00 0 0 12,-G20 GAR 32'-G20 Ricardo a. Ros'e Cogue 0.0 0,00 0.00 0.00 01/11/03 .0.00 0 00 12'·G21 GAR 321-G21. Va"auez Monica 0.0 0,00 0.00 0.00 08117/0' ·100.00 0 121.G22 GAR 321-G22 SenUAllan 0,0 0.00 0.00 100,00 02101/01 .200.00 0 0 121.G24 GAR 32'-G24 Sl¡nloy Sv"",,on 0.0 0.00 0.00 100.00 Oel011'J8 .sOO.DD 0 0 121-G2' GAR 321·G2S Julo Mo:a 0.0 0,00 0.00 100.00 11/01199 -100.00 0 0 121.G26 GAR 321-G25 St,nley S'e~en 0.0 0.00 0.00 '00.00 01/2210' .JOO,OO 0 0 fs§97 - ________ _--"_'0'_- - " . .' RentRoJl Pig. 2 SMCLARG¡;; 321 - 321 Rancho Drive 9/~12004 05:03 PM Unit T'II"..nl TI"3n( Unit Marlc.t Ac:tu:11 ~ -Ill!!- Code __ _........_.. _. Nlme Sqft Rlnt ~..!._- lIeoos!t Ma",,-In PlOt Due NSF Lat, ---- I-G2B GAR ~21·G2B Ch2rllo Tlsdal. 0.0 0.00 0.00 '00.00 04/201;6 -200.00 '0 0 I-G29 GAR 32'·G29 Jah, &. Marta Zi.nt.",y 0.0 0.00 0.00 0.00 03/06/03 0.00 0 0 I.G30 GAR 321·(;30 emna P. WOllam, WiUiems 0.0 0.00 0.00 0.00 07/0'/04 0,00 0 0 J·G31 GAR ~21·G31 RuUI &. Ramen Rut!> &. Ramen 0.0 0.00 0.00 0.00 07109104 0.00 0 0 1-G32 GAR 32'·G32 Ne>hlaJi &. Carmen Lisa 0.0 0.00 0.00 0.00 04/30/03 0.00 0 0 '-G33 GAR 32'·G33 Vlet:l' VIctor Gloria 0.0 0.00 '00.00 0.00 04/19/04 .300.00 0 0 I-G34 GAR 321·G34 Sa" 'ador Escamilla 0.0 0.00 0.00 '00.00 '0107/02 0.00 0 0 1-G35 GAR 321·G39 Jeh, &. Marla Zionlars,y 0.0 0.00 0.00 0.00 01/0;/03 0,00 0 0 1-G36 GAR 32' ·G36 E.plnQza Obdulle 0.0 0.00 0.00 0.00 02l1'IBS 0.00 0 0 I-G37 GAR 321·G37 Th.eim.r Bewens 0.0 0.00 0.00 0.00 01121/03 0.00 0 0 I-G38 GAR 321 ·G38 Me! Jnie Holahan 0.0 0.00 0.00 0.00 09/10196 0,00 0 0 I-G39 GAR 321 ·G39 L... Ie & Tobi.. 6radici< 0.0 0.00 0.00 P.iJO 071.16101 0.00 0 0 1-G40 GAR 321·G40 MOllica VSSQUI!4 0.0 0.00 . O.CO 0.00 06/0eJ02 0.00 0 0 1-G41 GAR 321-G41 JQ=.! & Claudia Go,,%;,18% 0,0 0.00 0.00 0.00 04/2Bi01 0.00 0 0 I·G43 GAR 32'-G43 JanIe! Srewer 0.0 0.00 0.00 200.00 05J'5J98 '00.00 0 0 I.G44 GAR 32' ·G44 An¥tJina Floras 0.0 0.00 0.00 0.00 04/30/03 0.00 0 0 I -G45 GAR 321·G45 Chrsune L.enc:ewskl 0.0 0.00 0.00 0.00 01/24/03 0.00 0 0 I·G46 GAR 321·G45 Joe ~u;n Ale.;raz 0.0 0.00 0.00 100.00 05/1S/98 '00.00 0 0 I-G47 GAR 321·G47 Olivia Jones 0.0 0.00 0.00 0.00 '0/01/91 0.00 . 0 0 I ·G4ð GAR 321·G4B Car os & Athena Garcia 0.0 0.00 0.00 0.00 0~101/02 0.00 0 0 1-G49 GAR 32' ·G49 Rc~ al1na L=:donna 0.0 0.00 0.00 100.00 0'119/02 ·100.00 0 0 '-GSO GAR 3:;'-G50 KhilhQr & >:Ion:;r; Cï:lCQnJ$ 0.0 0.00 0.00 0.00 09101/99 0.00 0 0 I-GS, GAR 32'-G51 Marla S¡ndov~ 0.0 0.00 0.00 0.00 06125/01 0.00 0 0 I-GS2 GAR 32'-GS2 Mai,1 Shep 0.0 0.00 0.00 0.00 04130103 0.00 0 0 1-G53 GAR 321·G53 B,;r] ;3, Jo;quln S¡nb.r'Ja. Chr 0.0 0.00 0.00 0..00 0.4116/02 0.00 0 0 14G54 GAR 321·G54 Sa" G.,cla . 0.0 0..00 0..00 0.0.0 04130/03 0.00 0 0 1-G55 GAR 321 ·G55 JU31 & Carolina Villa:senor 0.0 0.00 0..00 0.00 04130/03 0..00. 0 0 I-GS5 GAR 321·G56 Enr q ue Cortez: 0.0 0.00 0.00 0.00 04J30/03 ·100..00. 0 0 1-G57 GAR 321·G57 EVE rieto & Virginia Gonzale: 0.0 0.00 0..00 0.00 01/06/97 0.00 0 0 I-GU GAR 32' ·GS8 Vlder C~erniak 0.0 0..00 0.00 '00.00. 051' "01 20000 0 0 I-GS9 GAR VAI:ANT 0.0 0..00 .. I·G60 GAR 321-G60 Edv¡;ud &. Evil, C..~e 0.0 0.00 0.00 0..00. 051'8/02 '0.0..0.0 1 0 I-GS1 GAR 321-G81 Edt Ie Eddie C¡¡~tro 0..0 0.00 0.00 0.00. 05118/02 0.00. 0 0 '·Ga2 GAR 321-G62 Se; n & Ttn¡; Poore 0.0. 0.00 0.00 0.00 0.7105102 0..00 0. 0 I-GS3 GAR 32'·G63 Sar, ilia 0..0 0.00 0.00 0.00 06/30100 0.0.0 0 0 1-G64 GAR 3;¡'-G64 CEltNelllr, DustIn Barrows. J08 0.0 0.00 0.00 0.00 04130/03 0.0.0 0 0 - I·GS5 GAR 321-G5S J;nlBs BrGwer 0..0. 0.00 0.,00 0.00. 05l'S/96 100.0.0 0. 0 I-GS6 GAR. 321·G5S MOl "'no & Ulla Cardena. 0.0 0.00 0.00 O. DC 09120/0' 0.0.0 0 0 I-GS7 GAR 321·Ge1. Jan,.. Wallo's 0.0. 0.00 0.00 0.00. 0.3/'0/01 0.00 0 0 I·G68 GAR 321-GS6 Mik t Chonsy 0.0 0.00' 0.00 100..0.0. 04130./03 100.00 0. 0 1-G69 GAR 32'-GB; Sy~~a & Arr¡ Malena 0.0 0..00 0.00 0.00 04130/03 0.00 0. 0. ·G7C GAR VAI~ANT 0.0 0.00 -G71 GAR 321·G71 MnichowfC:r Johiilnna SImon, 0.0 0.00 0.00 0.00 11/1SJ02 0.00 0. 0. ·G72 GAR 321-G72 A..,¡ Geme.: 0.0 0.00 0.00 0, DO 0210.4/96 0.00 0 0 -G73 GAR 32'·(;73 Fenande & Rebecca Fsmand 0.0 0.00 0..00. 0..00. 02128/04 0.00 0 0 --"__"._"4' ...., ., 0__- --- ...-- .- --. To'" -- 38.S40.0 42.5S9.76 43,0.65.00 30.S9S.0C 41,416.50 18 õ_ "" _. Tot" Occupied 36.900 .40.965.00 43.06S.00 \7 % Occupied 95.74 9M1 100.46 Tot~ Vacant 1.640 . UB3.70 .- - \ %\'ac:ant 4.26 4.39 2-51 15-38 - . . Tenant Notification that tbe Owner intends to me an appUcation with the City of Chula Vista to çonvert the apartments to condominiums <DáUJL}y 6ú-n:?u(!,C~ .'" Prospective Te'!Iar.t Name ' 321 Rancho Drive. Suite ":D - , Chula Vista, CA 9ì91l.6557;~ ;- Th~ Òwner(s) Oftbi3 buildmg. at 321 Rancho Drive, Chula Vista., C11ifomia, iDtends to file an app.lieanol1 ~'ith' the City ofChlll¡ Vida to eonvc¡1 the builcüng(s) EO a , çondominium: ' . .. . - . You shall bt given notice of each hearing for which notice is r~ pursuant to S~o!lS 1i1i4S 1.3 a:!1d 66452.2 of the Govemmcnt Code, and you have the right to app=- and the rigbt to be h~ at any such hearing. _ ~ . ~I .~~ ')!tFOI.>-,:~if¿"ìJb\c).. "3/;(~ 6. .. ,s ¡eMan~. 0 Date. . Authorized Agent f~r the Owners of the Property , ~¡('"aP..CKJ.. __:_. T~l),ts Name -, " Tenants Name . .:' 311¡~i . , Date '. ~Š§99 -..-.- . . - ----- ~-~._----~ - . - - 180 Day Notice To Tenants . Of Intention To Convert the Apartments To Condominiums And Termination Of Tenancy Government Code Section 66427.1 The following written 180 day Notice to Tenants of Intention to Convert to Condominiums and Termination of Tenancy in accordance. with _ Government Code sectIon 66427.1 is provided to each tenant as follows: 1 'f Henry I\'lartinez , 321 Rancho Drive 'Suite# 18 Chula Vista, California 91911 . _ '. ~ - The Owoer(s) of the following described real property in the City of Chula Vista, State of talifolJ:1ia: .....;.. I··J' . See Attaché'ti.. Exhibit '~" - - (commonly known as 321 Rancho Drive, Chula Vista, CA 91911) Hereby provides 180 days written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion to condominiums of the real property described herein. . . .. . / .~ ¿4:"~'" ~ ¿I:' @ - - - - -- 09-13-04 . , Westcne Management Consultants, LLC Dëite·. . . -; Authorized Agent for the OWners of the Property . . Westone Management Consultants, LLC 1640 Broac!way, Sulta A San Diego, California 92101 Phone 619.645.9071 Fax 619.545.9075 ~Š§.~O ., -.. - .. Attachment 6 - Tentative Map 15-41 - ----~~._"._..~"_.~-----_.. - ! ~. . -- II - v~ !~ ~. -! . · · · .~ I 1""1 . i l' , '¡r-,I, 'I -!>... , II . ~. ,. ¡ , . ';r ;.¡¡ 11 ~"!o díj' ¡ I fhi; I III. Ii I~; ¡~'I . ff -! I' ~ ¡ "'i" . I~~,! ¡i¡ I 'hi 1;111 I! ii! 1M II f¡!¡ I: I' II , 'I I¡" Ii 1-1- §~ , 1;1 I I ~~I Î Illi If; Ii !: ·1, I I, If " IF I' Ii I¡~ I¡i I'll 1'1 i§!1 !q! - ;, .'~ q !II! Ipi ¡~! ¡it!!! i:~ ¡~!; ¡~ ¡~¡, ! . I'll !I~ !í! ¡I! Iii !ì!!¡ !I! ,iRI! .I e €I e e.. E:I 01 ¡di .- . . ¡'i' i -¡III"II - ; 0 - 2: ,~§¡ 1!~lf¡i'!II~i'l¡ì' , .¡" I' , · i . l- I - .I~¡ l!b'IMI,:Iii ;I: . : 0 ¡~II 111~~¡;-li¡i!I¡* 1 i · I ~~ . I... :;¡ì iI¡~I;!!.~¡!;!¡:,! ! H· ! I ¡....: - . \ I I~=~ III_ßI.I(.I!' Iii I II j II: - ._- ct: ~. - ...~ ~ i ~U ¡ !m¡¡li!!m!~n! ~ 11 ¡IIII - .. . . ~a :-"\ ¡....:: 0 ~ C/) - s:r: -=:co ---- I! -J2: il. ~~ I!~ ~ ¡k ¡I"j! :r:~ la.' i ¡Ii ¡lllii OC\ . !l.e! I('t) I id a.. \ \ ~ 4 . ¥.I -; f . I . \ 1 0 \\1 ---¡--..... ,. I .... ~ \ " .... " , .... I \ .~ I \ ~ \ ¡:: I þ\ - .1_" ..-.I IV I ~ .~ \ I .' \ I \ I 2: , " .... " ~ .... ,. .....----- ¡ -- , ~~< \> .':"; . '. . , . "·;~C-:'. . -- ·1' . ;:.--:....~..:--~-----:-._..._;-...._...._..-._.,~" , . · ¡ " .'t .~. , ~.;' \ ,. \, .. .' .' . "" - .. . \ . 1.' J I' C '. t ~ ~ . .~ ...:" I "'" .. ~ f' -¡~'\) ~~ :.;1 \1\ , ... \ . ~ . . ?; :. "-:\ . ~ ! . }¡, r:. ",1'1 __ to t ;' J....." .~"> --'1 ~ ...., I I ...... "" ,( .,,' .. ~" .\' q " . 'b . ,';' ~ ~ .. " "" ' . · , ..... . a Ÿ..' . . =", -.I: ~ ~ "'\ . . . . ~. ~ .'. "" . ;. ~ i );: 1.' 't'ho,! .' . I .' . '·.1 > " . " . ~ " ,f II, I· .. '. ~ .: ;i~: t· " . . t'Ii'!' ' ¡" ," 'boo -1. 1'- 1:,): r L . . .' '.. I:\- I .. ~ ¡ roo '¡-' .:E.±E :~:\ . l III ' : .. f . ... ., ~'il " I ' . ~~. . . ~ I: . I '. ' (' I-¡Ir:.:~k .... ,. . "',,; ';'..' ~I!I;' :'11 '. I: I - t. ~I' .:' . I :¡ ;'r - ¡. ',' 11". I.. . , " ~. I I' . '1111 . IL . .'. ! I ¡. ~, :1\ ~l.¡¡¡'.'. 1 ., dr' f'¡' :..... C1J[L~. ,. iV ...? r: !r,j¡ I I' ~ , L ;1" '/' \: 'I l r .- . . : ~ . J' " ~ ) I' '.'-" . ì J I:' t' ~ ,~ f' ~. '~rJl!¡ J'~..¡ 0'1· rLI. ::jl ~.. r-,i.. ',~ ; . 1··! !. ~., : ' :., j! 1 I .' ~.,. :""'" ," ·1 ' Pl'" . . ,.~.... td "1 . . , ! I· ~ . ..; 'I,' -~¡ ¡II', ,'" I 'II" "- ~I..· - .~ ' ¡--¡- ~' "" (, "., : , . ,I· .... 'I' :.) .. "'1.' ': I -- ~ i ~ ""J ' I ' I'- .\'1. ~,>".. ". .~ ~ ~~;.~¡ '1'1 'I ,L, II' -. i ", t.: . . :''1'1, L '. ;" ... .J 1 ~. -, ., ... eV' .. \ ~ I '-" " ", ,," . .,~. c': .'. ~'.....' .. ). . .....1'1. '~J , il,(..· .r.. ,....-..l, ~~.. >', . . ,., '"... ~ I .... . . 111l/"" . ,I ...' '. './ '. ¡ I .'. . ~~., 'i f~· :.. . :<¡ . ~." I"r ". t·¡,!\> r>, . ., j..: '. :, .' ~ .... .. --Ii : .. ~ .r '. !,. .. .. I·.. h. ~ 1--: I' \ . I """- ~ J . ' ": ... ..., ",. . I' .' I, 1\';; '. ,," ~.11:!11 .~'~ . f ·¡\,r " ,'.... f';; I ~ >-,>-~.¡"...". '., "'- ~... _..,..: . :t¡' '.' f')... ~' Ø l.¡.,' i ~ Ie:."... . " ~~ ... . :.... .' '>:. .., ,., iF' ~I " ',: -: .-~-., .,.. ·11 J ' [;r ".'.' ..... I· '-~'"';I rl" . ,,-; - - ./; ¡ '. ..... .. ....~ ' \.1, . )'~ ~ :~,1~ .. .,. .... I .' ¡,,", .. ..'. I' ~ . !~ . "'" ·1':': ,; I' .'. . 10.:,' .. t ·¡.ill'l 1 '. 1,II·f .... -=. . - '-.. '" -' : r!¡'J···.'~· ~ '1 . r . I .~~.. . ( "\. '. . : :: ",:, .. '. '"I" \ . 'I " ~ ... -.. '\.. .'.. I" .,..... '~t ...~ ... I.. b ' ..' ... ' I 1!" .10. I , ~ ".. . ~ , i'. t '. . ~ . . I" r '·r ~ I:), t: ¡ . . I. ,.... " . . ". .' ~ ..,;i. I.bl ¡., \.: I. 'I,·. !,..., ¡ 1 ¡ ., .-,.>: " ...., . J ¡" .... ~ ~\ ~'r ·1 (., . I···· -. ·i" .!':~ '. ~ :,¡.. ~....," .- ~ ,: I"·· ., ;', :-.... ..' ,. ~.. ,- ',I· II .', ~ ¡"':: ' . ..., '. -. . " - ,. . ...... ,', ~ ~.iI"'-;. ~;"" ·[ft.T¡1 " . "':.~'..':-._._ .' --,.. if" "1' .. '. . " 1-,\ "! .'. . '. . ~ ....... ,- " \" , . '. .' -. , ...,' . II': ,':\ .... ", , ," ..' :: ..;- ~ . ... ~...... .' . .' ...., '.. , , " . ,ÞI. ¡ ,. . ., /.... . .... . .".' -;"; ." ~ .~ ... .'. ~. . 1,/" : .' '. · - I""'·,. . . t .., .,.. \". ., · I' 'I' .. . . '. .' .- .... :", " ..., . ... . ~ . ' "'." ',:...' ...., .' Ì'o... .....:: .' ~'.I'.. .._I : I ~ . .' , . ., \ '. . ,'. .', ,, . ".0:-;:: t~t.~#t~~~:~4.i¡~t.: ,;~~~·:;;..~t;E;~~~·;:...-;'.$_':~~i"''';!.~r~ :§:~;::".::.t;;:"L~;,;~~.~~r~;~J~1i4~~k":~-i=d~~~ .....::,....' "'..--""'*....- "..,.. ...... . ,-_. ;po '.' , '.' . -"" .. , -i:-r. .-. . .,'. . ".' '. _ , . '. 2-56 15-43 , ~~:':~.:~':"-'-.: ..' "','.- -~:. . .." '-.' ,'.",. ';.<" ^," ...~..~ '''.:~::~;:~:':':~;~~ 'r";::': , ì·· . " ", ~ . · . '0 ~ ~ , .~: . ¡ ¡,," ", . ;i; r " . ~ :. ':' ;:... ¡. ," ~, <;' ¡. ./r t' ~ '" .':. ,,::,., .... ;'-'1 r. I.., , ' ;. I I ~ .' '" " .. \~ ~ · . , " I' ~ ~." .... .' " 1 '1 ~ ".. . . ~.. ") . J I ;.;: ;..~H :": :':~:;. ::. 1f):::¡'IR ì 1818 ..., .....'...:'. ," :.. .,' ,,'.. j~ lid ~ I : ~ '}'~.:'::.' ~- , . I ¡ ''rj' I " ." '. .,";'.:-.'. '" : . " .: . ~. ,", II.. '~~. . . ~ · . .. 1"1.. I· J [. 'I' .. ....... ", ..: ., 1..... ¡ .: ", ' "" .... '.:. .. 'j': ~. I' µ!/~. . .... .' ..." ...... .. . , . 01 '1/ . ,_ _. .'.. ¡~. '. ~ I..!, " ¡ ")t ..":".: : :. ~~~ ,,' ¡. ¡""'I -( ¡ --- " ~- f ,~;:/:;:.:'~'». i~:· t!" '1 ~:' J.,. I E¡ B ~ ".. ..' ...... ...;¡..;,:i.,;;: '.I£' ::... ~1. ? .~ :'! :. ....... ...:; i/:..:,.'." .:~ t~ ~'~., '1 I II'" II ¡. n..¡. ,", r.I..,..... ..~. '. ',~:', ~: fi: . ¡" io! l\ ... ..~. lì(¡. >."~".'. ::y k· . ~ ,~r.., I~, µ ~ ~ ~'. ¡~~! ~ .:"":-.' ,,': ~.!.~: ¡~;: ..~ ~'" / .. ~ 1 /" ".' "':. ¡-I' ::Ù~y> 1~~ ~.\."' , -" ...... ..... . " "'à. . I .It. r ""J . ',' :..~j~'(.o(- .. ',' .'~ ~.. ~ . . I ~ ..... . :';'" ':. .: ....~!~!. ~~ø':~"" :.;-. .~',' 't' þ ~_. ., I I ~ . ,', ~ ,,:,>......':.:.:1'... ~1J.· ~ ... ~.: - . ,-', I !: '. ~. , '" ,", " 1« ::1Z::~f.; ~"~~:/~ ~ ./ il.:. ":" ~. "r ".~ )0 1;'10 81 B .\ 0" '. 1·".:::;.;:-...·1·:~.-.:-, .:., ~ , ~, I' '.":"-"" ~';' -- r;! " ) '1" . ," ~',,;.~._ ... ,'" ...... . ft-'\", '''', '\¡ ~ ~. -I·;' . .. ". 0 ~:~;:~~.~::~.~ :;::. ~:..._ :'i; ¡,. f t>, I', ¡'" : ~: '. ~ ~,~. ::i.:-.. ...~.: ~;. ',,'.~ :', . I: " )"~ .~. 1-, l:t::':'-:t-':)':: :;':: ii,.. "" I>;j \ . ,I ~ ,I., . 1/1 . ." __.' . <" ~.~~.. .~,:.,. ~.., . ..... ~'. I. ~/~ ~ ì. ".. .i: :~~~~~i~~.:~. ~(.'. ..>,. '.'~. '. ',' 1../ .¡,...( ¡. . ~... .,."., ..,-' ~ :-:. ,,' .~ ~: .~ : . t.· " " : '~<r':' :.,._.....: ~..:~:~;;.~ ~~.; ...... ." --.... 11818 '., . . <........' >......, k~' I'. ~ , ~. :" :'..,. .:: '.; ..~ :·:~~/¡::~~·f;~fâ:.; ~i;:: ~ .' ,. þ ., I· ~ "¡;-"" ..~ ",..'" ~ , k· ;". " r' B· )".;"., "'.' !::-1' ~ ',. ¡ '" ~ ~.. ....~ ..-. '.. z;. . I¡:¡... :. ". ~ h:r I" ':: . 1':''' '::'-£' .,~ ":S. r:-:'¡;" ¡'¿'''. '" \ 'I i ~ f: . . '. . . ·".:.:·J..I:'::'''~~'; ::.,-;: ;-j... .. ....~ .... ~r ·'4 ' I ., .1 ~ ,. " . J;':'_'':'';:,'i''',..!' .,,,. ~! "', \ r:: ,". '. I. . ..... .'. :,<' :t;~~?;, &: ." ',..' ". , ".. . .:., S . ~ I~I ~.··.·,'·.i. ',:', f "'- ~ . , "::. ., . " .: :""":"';' ',. .~""..: "",' ~. , . ¡:\? . ~ a. , I)' '.' ;·¿:··\'f" .i!~ :.~ .)¡,. .... 1 ~ l ; ~. .' "". .;·,··;:.f·':"';;; 'J:,.~.' ::::r. ,..".. ,. i ~ ~:.' ~ ~.:. :~..., ;,1'. ;:.::.~ .- . ,. ' I i). .,~ ... -. .......!'.;; ",.. .. .... ~ ~ ... '.' .::...,':;'.:\ ~~ 'I.' of:a . I" " .,.... ...... ...~..... . .. :->~":..:' : . , '. , . . :~. :i~~.~:~: .~;: ~~~: . \J¡!ì' . \ ' . .,. '-'.' ',. " . . . . . .. '.' .. . ; ,,:..... ¡ :rJ. . . "'.1 ,.,.. .' .' ". ":\:....."1 f": \ t'.~'. .' '''It ' /1 -' . . , ... .... ...... ¡!:r .. .. to' ,., . .' ,. ,...-_.....,... '.' ,- ':oIT ç" ". , t' ,. .:. '" . . ,,,. -. " ,'" 1';' "I" , .[ ..J' . ,~ . ~.. .....,. "":": .~.: \i:: ,'" ¡.:' > . I.. ~ ··..'·:J':i:..··.: ..".:;, jIi: ':1¡ :.', "," ;00.. \ I ~ ..' :..;:-;.¿.,-.' ~~.... ... '.' .)./ fi· r1 Ii' . ¡ I ~ 1 '. :....,;..~,. '<" ~JI.:" ':\ '::- ~.. (~ .... . .'i.. ~"':¡._';.: .-: ':.~.~ ~ ~~ ..",).'t} aJ'. _ .......... .....:' ~... .. ': r ~~ ~ I~ t~ ,\ . . . . . .. ~ \.:'i-. .~...¡"¡:,,::. ~.: i ... . . .. .~..'" .. ," ~I;' ~ ,~~ t~1 ;:'." j,ll' .,.., ..... " ~:~:...;.~';::;:~'I.~..J. .i...... r::t:. " . }..~ '. '. :.' ". ...·l.·{....-:~ t·:~..··.......~· ':'¡:..!: /'" r· ,":' Þ···" .1· r" ..... :... .'~ ...... .,.. ,....'. . ~..:¡ '="'..~.,..~..¥t~J:.....,!. ~r=,:;:, p .. . '. . ,- , . ...~ " ~",_.. ...... t...s:; 1. ". ,....: '.~ I~" ..:,~~. ....... p..,~~,.~.~:JL,~.~~_I...... ...¡¡,... : _r~. ...... ~ ";,.... ~. .... ~'._',":".". ....~...~.~..... .....,~.¡:..\.:':'~.!'_~110~~_?'~:.;:: ~__.~ ~'i, .1 !t,,, ....:.. I '.. .,.... .'.'..; . I· ...:-:;'.,:¡ÞO~,:1·. ~'.:"...... :.)~.." ~:"::-""¡"\.:'",, ?.:o:.,~~:;,.:.."f~~-: '~'f?r ~~~~f,~~~~;,~j'(;?i~/·,···.:.,~~::t~.'~~~:~~~;i"l~t;~:'~~~::~~~~~~:~~~~;~"~;i~:~~~~i~;~~~;~¡J~ , I ; 2-57 15-44 ....--- .__._----~--- 'if,! . '" , .'~ .'. . f,jiJ·· ", ~. ... ~,::'., " ~ ~. . ~;~. ~ " ",. 1 u'·- f ~:. .- _.- I' .~.' ;':[I~. : ~ .. ~ .J: _~".... r.( ~ , I _"'-..........._.~ }._._ I. J fl'! - -- ... \. . I.."~ 'i ' .. :;::.:'; :. - ~ Co·..· ~ ~ ,)' " ~ . ~;:. r-.. " "'\ ~. ~ "'-"J "" . ':'" ~ , .~ ~~~. ',,' ... - ~, .. ''':.' .. - !" .. . ~:¡.. ~ t~i~' :!.,.., \' " ; rt¡ :r· 'I ~... ~ \ "'~ > ! :; ... . ~ 11- ~ :" ~ '. '1 ~ [I' , I,d ,. S ," I ~.:. .' I ~ :;; ,¡!.: ~ t 1; ¡ ~ iÞ" .:. I ~ .. f ," ,~., , . ~ I! . .,.... ,,' .. .. '!-,' . tI:i, r~ e!I" . " _. ,. ~~ , ~. I """, 1'" ft~: b' :; ~ t~ ,,-~~~ ~ :: n .. ~. r-1 , ~ I ~. .. , . . ,. . ~ - r:;:'.:. _ .:,.." . ~ ó.;". .,~ ~_ ..._ t:.. ... .... ~I" . ~?i . : ~'l ),~ ,..~.. -- '\\ . .' ¡.. ¡:; ~ s:. ~ ... ~ ~ ~ ".I.' ~; ¿;;"-,. .:." ~ H' .~. ",.- '., :'~.. '.,' õ ....;..... ; '0' ." . , ...... 1.r. -....·...7 \1 .' . I'. . \, ~~.~.. ,'" --- --.....--- : '-~. . . : ro' . .... , ~. .~ . "" .. [ " ,~ . , " , ,. 1~~ ~ ~. d.' ~',. ~., ~ ~ '. 't", ,..,. r '.,' ....... î" ' . ~..;. Q . ! :~:. 1'\ ~ "-" r"" L' ;:. ~ ' ~ ./ t~ .....fI, .. 4; ': ., r¡'..... 01:1o ¿'. _ . ~. ..' "'. Co' . .... .. \....-: ..... ';I. ;.. ~. "'1 I '~. ... ::::t~t·. ~ ' . ... -- - ~ . __;:I,'J" L. . ¡., .".... '. (. .- . . ~ .. .~ "'. : I" . 1. ..., ¡ t t ~ . ¡,.-i_ '\.. ~ ~ t .1 ;ç \.. .; "'!') , . ("<' ,'} ~ " 1 . . ; r~' 1"-. ;, . . . f~~" t\ } L ..¡j'._ ~~ í .' j ~. . \.....~ ... ; .~; :" ì' . i . , . ~ , ~ Q ¡ ~. ¡, ¡- .. I ~ ~ . ~~" ...). . r" \, . ·fl~ ~.~ ~.- . J ". .,~ \ ". ". . - - . ~} ~_.. . .., . 1 ~ ~.. . '.' . .' .... . ";,, .....; ... . : .''; ...~..:~ ,.,ZI'i........ ~.. . '. I ..' .... !. . ...' .. .~ '. . . . .~ .4;:..,,;... ~··..r· ..:\.......... ..,,~_', . .... . : .... -.::.. ,.r,: .t".,,~..t..... .~. .;:.:, \."" ,"';~J~ ..;.~,:... " _." : ~. . ~ ~:"..::"'- ~...h'!'::.~C....\:'~~.~L-_'i'..._""I,.. '"':"'~:''' ..,-"." _h·... ,,_,._ _.~..~~> '.: " J ..:t_.,,,,, ..t......._.....~ ............ ..( \_1>., _.. 2-58 15-45 _ ·__..~_.·_'.w__n , . ~:. '.;~.?;;(;;;~:::.;.:.~(.~_:." (::: ,;y..:..r,::..~ ~;.:.,::.:<.,¡. .::;. .,:::~~~:~~:: -~.' -- ::;: -,,,:::~,....--..,.... '-"-T-- "-.' -..- f ....... .. . 1~1' 'N- 1 I' ...- ~~ . .. . . 1 .,.. .1_....._.#-.;.,. ~~:.. . 1_....___... ~ I I .,.' f .. ~ iJ ~ t .. ~,... . \. i ~ " ". ; :'". :: to ~ .' .- r :r .... i '1'i ',.. ..... .. :.:... - ~ <!' t¡ -.', ." " '.. .... '" .. ..... . c . ~ r ft. -, ..~.,' :., ... ~ ' !;~~ . I .... ~ t'¡ ~ ., . ., ~ , f ..~ d. ~¡' " . ~ ~ ~~;;;... ..~ ,". :.: . ;:.. I. '\ - --i- ~ r .:' \ tro" . ~ . 0' ~1: ~: ;;,.:.. ~ ¡ II? " . J:. f ~ "" I, , ~ . -' ~ : ~ ì .. '. ~'.. . ':. :.1 _ b.:a.. 1 ~ f ~ :t. .¡ M .. fo .. ~...~ .. 1;:',,- d'_I'~," "\. ~ '. 1 ~ .. .' .... * ,¡~ I . ¡~~ ~:. ',." .. . . f{. ". ,.... I ..' :,r. ... ,- . .' , . ¡:;- .... .¡ '. .' . ',',' .; \ ~.". "-.' ..,...-....-.. rl - - ", :.~ g :; j' -. [" ~ ¡": I' \ r,~ ,-.~.", r : f t;··.:~·-- .~. ~.- f .~~. " .).. f.~ :~r<:< ... - :.. ~'.. " .;. ,~='-:. ..,: ',... .- . ..Y"::: ~!'" :..-,. ,.... _ ,#'1.". . ~~ ~~.::~:.~:.y., -' ",' .;..~ .n':_;.:~=4·.~" I I , ,", .~. ...{.~ ,-. '.-...... F . ,. .... ../ ~ '. :. I ,;' ')~...-" '. .. . '" .. ..... - " . : ..' ; ," ~ - ,. ".. '. . . " '.' . ~ ~.; ~ ,'~. ( . ...:.. ~ . . . . ':. '. ~:~ ." ""c:' .~ .. . .. -'" . .r·. ~!' < ...:.. ~. ,. ., .. .' ...:..~ ' ¡¡,: .: u ~..' 0" .... . ·r.t. ~ ~. :.:.:..~. t:.~" ~ . '.~-. '. ::~.:~:~:- '1:.;.... ~ " ,-" '. . ." ,.. .. ~ ~ ~:.~.:..~... i. : "..~. , .......!.~.~~:.:-'-.......~.:. $j: .),.." ,. ~ ..;.'.. ,. . -=- -i 1. .r<:;,;>:;~' ~ ¡ ~... .' ~: . , '..' .;:~;,:;.:::.~ ..:.'. , _.~ r: {".';\ ~:..' . '\. ." -.-;: . ::~.C::'~.:·0·.:..: . .111, . ~..'; '" ':.. "' f '. ." ;":"~" ..;:. ';. ~~ < ò:!..". t' . ". ......,::,.,...... . .. .. v~... '".:. . . . . :,;' I . " .. . ," ",. .,.11I;'\ -,.. ....... ~ 'S \'. :,: .,.£... ..:.: ·'.c ~ ;; !i~'''.'''.,.. . ~ I ..... ' ,~...," .... j... .~: '.~: ~~ ~~:'~~.~:,.:: '. t ~.. ~~.,;.:~~~~..!\~.. ,...... '- iiJ!...:.. '. ," ". .... .,.1"w...~ _I.!', ~ 4~~Z:",' ..~.~. ~ \: -.' :.;:.~~'::~;~'~\:;'" 'ti..,...".... .. ... " "',,' ", .:. ,':::-:î=~:;"" . - " .... .': :';.! ",,-: : 'J . :r"~~"" ,~. ~ . . . .fl r.. .:~. " ~" ~·r.~·""·'· . :. ._...;.~....../:, .. '1;)."..".... . . . ,., ~ . - .... . . .. . Co ~ :;. ~" ','.., .. " . . . .".. . 0', . " ~~::z.:. ..' " .. ." . . ,', . ~'. .' t '.. . .-.-.": 1/ "'''<\ih<-''',;., ,: " f':: I' :,,' " :~ . \<" ,";"',' ~k. ..rt":=. ~1'~"~:,¡,, _.. I. .... ~," '". '. ,_.... ",,".~" .. ,', . ß',<, ~.~..I·;..:,;·~··'_""· II. ,.. .... -,'.. .:..' ...... ...... :......:.:.~............. J ~~......"I ',:0.' ....\. , .. J.,.ì" . ',' .... ! ..' " . .....':T ..... 0' ,: r\ ~\:.... j....:~¡.. '-:,. .-' ' .. ,'.. " . I . ',' . J .. '. ..:........ ,'..;:.;',T .-:.. ,..- ·t "']<. ,-. '''~'''''.'''' .,-, f .::,.-.- ~...... . ^.... . /" -. ., ~ ~~~...".5 ~:;~~~~~~~~>f;:·;:·:·::;~:··;:::·.::::·~~1~:tj:.:~· '. ~.~.;¡~'~:;:;; ~~·~·'~',:····;:i ir;;<~';::<- ~.: ~~~:~~~:::. ..:~~·,:;t~·~:~1 ~~ ~t.,..'<J;¡o;.,..)':;¿.\~...... .:~r ........ ~.::-., ~"';J- ,'" \"" .......,.... ..~-J"\"~ .~....~:..~ ~ ',h.-=-" .... '," . ·,¡....w.. " . -, . '.. .' .. . ",,""" ", ,~~~.:o-:i'...::i'~.;.,.c.~-....4\.¥". ~ ..... ..:e....~-~,,:.. \:.·~.~.....~:<.'!-~.i~;.~,"Z""'Ã,...: ~,. ...;....:,...i!'4 ..... :','. ........ .','-.. ãti:~~~~~~~~~~~1i~;~~~~~Q~~~~~;~:;;~~:~~~.iI;·~~:~~~)~1:.~,~·.¡:·,i;~~ 2-59 15-46 - - Attachment 7 - Disclosure Statement 15-47 - - ,'- -~ ( ; . . ~\~. -T- - . p I an n i n g & Building Department - " CITY OF Planning Division I Development Processing CHULA VISTA .. , " APPLICATION APPENDIX B Disclosure Statement Pursu~nt to Cou.nc!1 Policy 101-01, prio~ to an~ action upon matters that will r~quire discretionary action by the Councii, Planning Commission and all other officIal bodies of the City, a statement of disclosure of certain ownership or financial Interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following Informaticn must be disclosed: ' ,. " , 1. List the names of all persons having a financial interest in the property ,that is the subject of the application or ¡he contract, e.g., owner, applicant, contractor, subcontractor, materiai supplier. ' . fJl f - ..' ft.';:;- . ~ : ..!.':., 2. If any person' Id~~tified pursuant to (1) above Is a corporation or partnership, list the names of all individuals with a $2000 i~vestmè~t in the b,-!siness (corporation/partnership) entity. dW-c¡ . -' ~ 3. If any person' identifi pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. IJ/Pr, . 4. Please identify every person, Including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City In this matter. , ~~~I1~-.rCYJ5#/lø,nffl _ n_ : " 5. Has any person' associated with this contract had any financial dealing~n officlal~' of the City of Chula Vista as It relates to this contract within the past 12 months. Yes_ No .' . ' ' . . '. ..- .:.. ".. . .: ~ .. If Yes, briefly describe the'nature of the fin~ndallnterest the official" may have In this contract. . , '. " -' '" .~ .' e.. Have' you made a COntribut~ore ¡rn;n $250 within the past twelve (12) months to a current member of the Chuta Vista City Council'? N Yes _If yes, which Council memb~r'? ' , . \ 27& Fourth Avenue I Chula Vista I California I glglU I (ó,g) ó91-51Ul ~5~~8 '- - ,,- . - - . ~!~. . , -t- -. I p: - Planning & Building Department CItY OF Planning Division I Development Processing CHULA V1srA " APPLICATION APPENDIX 8 Disclosure Statement - Page 2 7. Have you provided more than'$340 (or an item of equivalent value) to an official'" of t!]e City of Chula Vista in the past twelve (~onths? (This Includes being a source of Income, money to retire ¡¡ legar debt, gift, loan, etc.) ~-~ ' If Yes, which official"" and what was the nature of item provided? ,~ '. ~/1°~ ", ~?~ ;}f- .-- ," Date: Signature 0 ontractor/AppilcaQt ,;,1 c¡, t ~St( /~(S 0 ,( , type name of Cont or/Applica ClOJJ2fh Sccië1cdfi " Person Is defined as: any Individual, firm, co-partnership, joint venture, association, social club, fraternal - - organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other' group or combination acting as a unit, - Official Includes, but Is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. --. - - "..- -" - .- , - . ~ :.. - ' - . ....... .. " --' ".---. ~. ,. '- ~. ......: .. .... . 27& Fourth Avenue I Chul.1 Vista I C¡IHornia I 91910 I (&19) &91-5\01 f5' ..6.t9 RESOLUTION NO. 2004- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF A TENTATIVE MAP TO SUBDIVIDE 3.88 ACRES AT 321 RANCHO DRIVE INTO A ONE-LOT CONDOMINIUM TENTATIVE SUBDIVISION MAP CONTAINING 48 RESIDENTIAL UNITS - DONIA FAMILY LIMITED PARTNERSHIP I. RECITALS WHEREAS, a duly verified application for a Tentative Subdivision Map was filed on September 9, 2004, with the City of Chula Vista Planning Department and Building Department by the Donia Family Limited Partnership ("Applicant") requesting approval of a Tentative Subdivision Map to convert 48 apartment units into individually own condominiums ("Project"); and A. Project Site WHEREAS, the area of land which is the subject matter of this Resolution is diagrammatically represented in Exhibit "A", copies of which are on file in the Office of the City Clerk, incorporated herein by reference, and commonly known as Chula Vista Track No. 05-11, Tentative Subdivision Map, 321 Rancho Drive and for the purpose of general description herein consists of 3.88 acres, located at 321 Rancho Drive ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, on September 9, 2004, the Applicant filed a Tentative Subdivision Map with the City of Chula Vista Planning and Building Department requesting approval of the Tentative Subdivision Map to convert an existing 48-unit apartment complex to 48 condominium units for individual ownership; and C. Prior Discretionary Approval and Recommendations WHEREAS, the development of the Project Site has received the following discretionary approvals and recommendations: 1) Planning Commission recommendation of approval of PCS-05-11, Tentative Subdivision Map for a 48-unit condominium conversion on November 10,2004; and 2) Zoning Administrator approval ofDRC-04-62 on November 17, 2004; and D. Planning Commission Record of Applications WHEREAS, the Planning Commission held an advertised public hearing on the Project on November 10,2004, and after hearing staffs presentation and public testimony voted 4-0 to recommend that the City Council approve the Project, in accordance with the findings and subj ect to the conditions listed below; and 15-50 .-_.~_.._-_.._----- Resolution No. 2004- Page 2 of11 E. Council Record of Applications WHEREAS, the City Clerk set the time and place for the public hearing on the Project's tentative subdivision map application; and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, its mailing to property owners within 500 feet of the exterior boundary of the project and its mailing to the current tenants residing at 321 Rancho Drive, at least 10 days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on November 23, 2004, in the Council Chambers, 276 Fourth Avenue, at 6:00 p.m. to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same. NOW THEREFORE BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project held on November 10, 2004, and the minutes and Resolution resulting thereftom, are hereby incorporated into the record of this proceeding. III.COMPLIANCE WITH CEQA The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project qualifies for a Class 1 (Existing Facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. Thus no further environmental review or documentation is necessary. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council has exercised their independent review and judgment and concurs with the Environmental Review Coordinator's determination that the Project qualifies for a Class 1 (Existing Facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. v. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map, as conditioned herein for 321 Rancho Drive, is in conformance with the elements of the City's General Plan, based on the following: a. Land Use It is the City's goal to accommodate diversified housing types. The site is designated Medium-High density consistent with the General Plan. Thus, the Project, as conditioned, is in substantial compliance with the adopted General Plan. 15-51 Resolution No. 2004- Page 3 of 11 b. Circulation All on-site and off-site public streets required to serve the subdivision currently exist. No street improvements are required. c. Housing The Project is consistent with the density prescribed within the General Plan and provides attached condominium units for individual ownership. The conversion of 48 apartment units to 48 condominium units creates additional opportunities for residential ownership. d. Open Space The Project includes adequate, existing on-site open space areas as well as a swimming pool for resident use. e. Safetv The Fire Department and other emergency service agencies have reviewed the proposed subdivision for conformance with City safety policies and have determined that the proposal meets the City Threshold Standards for emergency services. B. The configuration, orientation and topography of the site allows for a feasible setting for passive or natural heating and cooling opportunities as required by Government Code Section 66473.1. C. The site is physically suited for residential development and the proposal conforms to all standards established by the City for such project. D. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extend to the impact created by the proposed development. VI. FINDINGS OF COMPLIANCE WITH CONDOMINUM CONVERSION REQUIREMENTS PURSUANT TO CHAPTER 15.56 AND APARTMENT RESIDENTIAL ZONE REQUIREMENTS PURSUANT TO CHAPTER 19.28 OF THE CHULA VISTA MUICIPAL CODE Pursuant to Chapter 15.56, Conversion of Dwelling Units to Independent Ownership, the City Council finds that the project meets the following: A. Fire Protection: The Fire Marshall has determined that the project is in substantial conformance with fire protection standards. The project is conditioned comply with current fire protection requirements. B. Uniform Building Code: The Building Department reviewed the "Property Condition Assessment Report" prepared by JCEPlHuang Consulting Engineers, Inc., and found that the Project will satisfY the Building Code requirements if the recommended improvements set forth in the report are constructed or put in place. C. Storage: Section 15.56.020 requires storage area for each unit. Each unit contains two bedrooms, which requires 200 cubic feet of storage area for each unit. The Applicant proposes to provide approximately 200 cubic feet of combined storage space in the 15-52 ......~,-----...~---- -----. Resolution No. 2004- Page 4 of 11 existing one-car garages located along the north and east property lines, and immediately adjacent to the balconies of each unit. While the amount and location of the proposed storage does not meet the standards found in CVMC Section 15.56.020 (C), Section 15.56.070 allows a deviation ftom those · requirements if good cause can be shown and the merits of the proj ect, as a whole, make such and exception worthwhile. Staff believes that the project is meritorious because it is of good quality and will increase the supply ofIow and medium priced homes in the area. Furthermore, incorporating 200 cubic feet of adjacent storage space into all 48 units would require extensive structural changes to the existing building and significantly reduce each unit's habitable space. D. Housing Code: The Project is required to pass a housing inspection prior to Final Map approval. E. Protective Lighting Standards: The Project will maintain the existing protective lighting standards. · F. Off-street parking: Section 19.62.050(13) requires two parking spaces for each two- bedroom unit. Each of the 48 units contains two bedrooms. The Project provides 125 off-street parking spaces for resident use. G. Design Guidelines: Generally, the design of the building and its surrounding area are adequate. The Applicant does not propose significant exterior structural changes to the existing buildings, but shall be required to upgrade the building's appearance by repairing and re-painting exterior surfaces and replacing windows and window trimming, and add storage space adjacent to the balcony of each unit. · H. Separate Service Meters: A Homeowners Association will be responsible for the water and sewer service utility meters. The Applicant shall provide written evidence how this will be satisfied. I. Housing Department Compliance Survey: The Project is required to pass a housing inspection prior to Final Map approval, and perform all corrections listed in the Apartment Inspection Report prior to occupancy. J. CC&Rs: The Project is conditioned to provide evidence of declarations of covenants, conditions and restrictions in conjunction with the Final Map. · K. Open Space: Common Open Space: Section 19.28.090 requires 400 square feet of common usable open space per unit; therefore, the project must provide a minimum of 19,200 square feet of open space. The existing open space includes a swimming pool and approximate 80,780 square feet ofIandscaped area. VII. COMPLIANCE WITH GOVERNMENT CODE SECTIONS 66451.3 AND 66452.5 Noticing Documentation Government Code Sections 66451.3 and 66452.5 requires notification of a tenant's right to a public hearing. The City Of Chula Vista provided notices to tenants and surrounding property · owners of all required public hearing for the Project, and the Applicant has satisfied the following noticing requirements at the time of submittal of the Tentative Map, which includes a 15-53 Resolution No. 2004- Page 5 of 11 60-day "Notice of Intent to Convert", a "Notice to Prospective Tenants of Intent to Convert", and a 180-day notice for "Notice to Tenants of Intention to Convert and Termination of Tenancy". BE IT FURTHER RESOLVED that the City Council does hereby approve Tentative Subdivision Map, Chula Vista Tract No. 05-11 as represented in Exhibit ''B'' subject to the general and special conditions set forth below. VIII. GENERAL CONDITIONS OF APPROVAL A. Project Site is Improved with Project The Applicant, or their successors in interest, shall improve the Project Site with the Project as described in the Tentative Subdivision Map, Chula Vista Tract No. 05-11, 321 Rancho Drive. B. Design Consistency The Applicant shall develop the condominium units in accordance with the City of Chula Vista Design Guidelines and in accordance with DRC 04-62 approved by the Zoning Administrator on November 17,2004. IX. SPECIAL CONDITIONS OF APPROVAL The conditions herein imposed on the tentative map approval or other entitlement herein contained is approximately proportional both to nature and extent of impact created by the proposed development. Unless otherwise specified, all conditions and code requirements listed below shall be fully completed to the City's satisfaction prior to approval of the Final Map. GENERAL / PLANNING AND BUILDING 1. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Applicant as to any or all of the property. 2. Applicant shall, comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the property which is the subject matter of this Tentative Subdivision Map and as recommended for approval by the Planning Commission on November 10, 2004, and DRC 04-62 as approved by the Zoning Administrator on November 17,2004. The Applicant shall enter into an agreement with the City, providing the City with such security (including recordation of covenants running with the land) and implementation procedures as the City may require compliance with the above regulatory documents. Said Agreement shall also ensure that, after approval of the final map, the Applicant will continue to comply, remain in compliance, and implement such Plans. 3. Applicant shall coordinate with the City of Chula Vista Planning and Housing Division to schedule a meeting with the current and prospective tenants to present housing program opportunities and relocation assistance programs prior to Final Map approval. 4. Prior to recordation ofthe Final Map, the Applicant shall submit evidence that the following City Of Chula Vista noticing forms have been delivered to the existing and prospective tenants: 15-54 ~. ... -.--------..--.--.. · Resolution No. 2004- Page 6 of 11 a. 10-day notice to all existing tenants of an application of a Public Report - "Form C" b. 1 O-day Notice to all existing tenants of Final Map approval - "Form D" c. Notice to all prospective tenaiÜs of option to purchase/termination of tenancy - "Form E" d. 90-day Notice to all existing tenants of option to purchase/termination of tenancy - up onn P" · e. 180-day notice to all existing tenants of intent to convert/termination of tenancy - "Form G" 5. Prior to Final Map approval, incorporate the recommended improvements specified in the "Property Condition Assessment Report" prepared by JCEPlHuang, which include the following: a. Replace all existing heating units with new energy-efficient heating units. b. Replace windows with e-glaze dual pane, energy efficient windows. c. Repair, seal -coat and re-stripe the asphalt paved driveway and parking lot within one year. · d. Paint building exteriors, including walls, stairs, railing, balcony enclosures, light posts, garages, etc. e. Re-roofthe buildings with a fire-rated roofing material. f. Replace wooden garage doors with aluminum roll-up doors and install electric or automatic openers. g. Replace water heaters more than 10 years old with new energy efficient water heater units. These units shall be properly secured with metal straps. 6. The following items shall be submitted for approval by the Director of Planning and Building and/or the City Landscape Planner: · a. Provide a conceptual landscape and irrigation plan to refurbish the existing landscaped areas for review and approval by the Landscape Planner. Upon approval of the conceptual plan, submit detailed landscape planting and irrigation plans. b. Provide a tot-lot and picnic area that is easily accessible to project residents. c. A water management plan and a perimeter fencing plan in conjunction with the planting and irrigation plan. 7. The project shall meet current fire protection standards and shall maintain all existing fire protection facilities. 8. Walls, which meet the current Uniform Building Code standards, shall be installed between · airspaces of the condominium units. In addition, Applicant shall install I-hour rated party walls on the upper unit ceilings. 9. Prior to Final Map approval, the Applicant shall add a trash enclosure in an acceptable location near the parking area near the south end of the site. All trash enclosures shall be constructed as a 20' x 10" enclosure to accommodate trash and mixed paper recycling bins. The enclosure shall allow access without the need to move other containers out of the way. Furthermore, all trash container areas shall be paved with an impervious surface, designed to not allow run-on ftom adjoining areas, screened or walled to prevent off-site transport of trash, and provide attached lids on all trash containers that exclude rain or provide a roof or awning to minimize direct precipitation. The Applicant shall develop and submit a · 15-55 Resolution No. 2004- Page 7 of 11 "Recycling and Solid Waste Management Plan" to the Conservation Coordinator for review and approval as a part of the permit process. The plan shall demonstrate those steps the applicant will take to comply with Municipal Code, including but not limited to Sections 8.24 and 8.25, and meet the State mandate to reduce or divert at least 50 percent of the waste generated by all residential, commercial and industrial developments. The applicant shall contract with the City's franchise hauler throughout the construction and occupancy phase of the proj ect. 10. Applicant shall install a minimum of 200 cubic feet of storage area for each unit. Storage space must be easily accessible and can be placed in the garages. A portion of the required storage space shall be located immediately adj acent to each unit. 11. All lighting shall meet the protective current lighting standards of the current Uniform Building Code. 12. The Project's exterior upgrades shall be in accordance with the approved DRC-04-62 design review permit including but not limited to, repairing and re-painting exterior surfaces, replacing existing windows with noise and energy efficient windows, add window trimming, add storage units adjacent to the balcony of each unit, etc. 13. The Homeowners Association shall be responsible for service utilities including water and sewer, and the billing and payment of these utility costs. 14. Prior to Final Map approval, the Applicant shall submit an application to the Housing and Building Department for a compliance survey. If the survey identifies any deficiencies, the Applicant shall correct them prior to issuance of the occupancy certificate. 15. All utilities serving the subject property and existing utilities located within or adjacent to and serving the subject property shall be placed underground in accordance with the Chula Vista Municipal Code. Further, all new utilities serving the subject property shall be placed underground prior to the issuance of building permits. 16. Any and all agreements that the Applicant is required to enter into hereunder shall be in a form approved by the City Attorney. DRAINAGEINPDES 17. Fully implement NPDES best management practices ("BMPs'') to reduce the amount of pollutants entering the city's storm water conveyance system, including but not limited to: The erection of signs near storm drain inlets and public access point along channels and creeks; installation of efficient irrigation systems and landscape design; employment of integrated pest management principles; and the creation and implementation of inspection and maintenance programs for structural treatment control BMPs and private sewer lines. a. Providing storm drain system stenciling and signage; more specifically: 1. Provide and maintain stenciling or labeling near all storm drain inlets and catch basins. 15-56 Resolution No. 2004- Page 8 of 11 11. Post and maintain City-approved signs with language and/or graphical icons that prohibit illegal dumping at public access points along channels and creeks. b. Installing and using efficient irrigation systems and landscape design; more specifically: 1. Employ rain shutoff devices to prevent irrigation after precipitation. 11. Adjust irrigation systems to each landscape area's specific water requirements. lll. Using flow reducers or shutoff valves triggered by a pressure drop to control water loss in the event of broken sprinkler heads or lines. IV. Employing other comparable, equally effective, methods to reduce irrigation water runoff. c. Employing integrated pest management principles. More specifically, eliminate and/or reduce the need for pesticide use by implementing Integrated Pest Management (IPM), including: (1) planting pest-resistant or well-adapted plant varieties such as native plants; (2) discouraging pests in the landscaping design; (3) distributing IPM educational materials to homeownerslresidents. Minimally, educational materials must address the following topics: keeping pests out of buildings and landscaping using barriers, screens, and caulking; physical pest elimination techniques, such as, weeding, squashing, trapping, washing, or pruning out pests; relying on natural enemies to eat pests; and, proper use of pesticides as a last line of defense. d. Educate the Public. More specifically, the Homeowners Association, through Property Management, etc., shall inform residents about the City's non-storm water and pollutant discharge prohibitions. This goal can be achieved by distributing informative brochures (some available ftee ftom the City of Chula Vista) to new home buyers and dedicating sections of newsletters to storm water quality issues, as applicable. e. NPDES Codes, Covenants, and Restrictions provisions. The Codes, Covenants, and Restrictions ("CC&Rs") shall include provIsIons for the perpetual and routine maintenance of structural BMPs, private sewer and storm drain facilities for the purpose of preventing and in such a manner as to prevent the discharge of non-storm water pollutants to the public storm water conveyance system. The CC&Rs shall include the requirement to maintain records for the past 10 years of BMP implementation, inspections, and maintenance activities. SEWER 18. The onsite sewer system shall be private. All sewer laterals shall be privately maintained ftom each building and/or condo unit to the City maintained public sewer main within Rancho Drive. 19. Establish a Homeowners Association to fund and oversee a contract for the maintenance of the onsite private sewer system. The ftequency of maintenance of the sewer system shall be contained in the provisions of the Codes, Covenants and Restrictions. The City Engineer 15-57 Resolution No. 2004- Page 9 of 11 and Director of Public Works shall approve the provisions of the CC&Rs regarding the onsite private sewer system. STREETS 20. The street within the development shall be private. 21. Remove and replace both existing driveways along the project ftontage for compliance with ADA pedestrian access route requirements. Said work shall be done under a Chula Vista construction permit using Chula Vista Construction Standard CVCS-1 for driveways. Driveway replacement shall be guaranteed prior to recordation of the final map. CC&RS 22. Submit CC&Rs to the City Engineer, Director of Planning and Building and City Attorney for approval prior to approval of the Final Map. Said CC&Rs shall include the following: a. The creation of a Homeowner's Association ("HOA"), which shall, among other things, be responsible for maintaining all common facilities within the Project inclu<Iing, but not limited to: walls, fences, water fountains, lightning structures, paths, trails, access roads, drainage structures, water treatment facilities, landscaping, trees, streets, parking lots, driveways, and private sewage and storm drain systems. b. Language stating that the landscaping shall be maintained by the HOA in a healthy and thriving condition at all times. c. Language that indemnifies and holds harmless the City ftom any claims, demands, causes of action liability or loss, including claims arising ftom the maintenance activities. of the HOA. d. The City's right to enforce CC&Rs. e. An insurance provision requiring the HOA to maintain a policy of comprehensive general liability insurance written on a per-occurrence basis in an amount not less than one million dollars ($1,000,000.00) combined single limit. The policy shall be acceptable to the City and name the City as additional insured. f. Any revisions to provisions of the CC&Rs that may particularly affect the City must be approved by the City. Furthermore, the HOA shall not seek approval ftom the City of said revisions without the prior consent of 100 percent of the holders of first mortgages and property owners - unless, the Director of Planning and Building waives this requirement. g. The HOA shall not seek to be released by the City of any maintenance obligations without the prior consent of the City and 100 percent of the holders of first mortgages and property owners - unless, the Director of Planning and Building waives this requirement. h. Implement education and enforcement program to prevent the discharge of pollutants ftom all on-site sources into the storm water conveyance system. i. The HOA shall maintain, in perpetuity, membership in an advance notice service/system such as the USA Dig Alert Service and shall cause any private facilities of the property owners or HOA to be marked out whenever work is performed in the area. 15-58 . __.____.M"__._ · Resolution No. 2004- Page 10 of 11 Said CC&Rs shall be consistent with Chapter 18.44 of the Subdivision Ordinance, and shall be recorded concurrently with the final map. 23. Submit a Homeowners Association budget for review and approval by the City Engineer for the maintenance of private streets, storm drains and sewage systems. Said budget shall include the following maintenance activities: · a. Streets must be sealed every 7 years and overlaid every 20 years b. Sewers must be cleaned once a year with the contingency for emergencies c. Red curbs/striping must be painted once every three years EASEMENTS 24. All existing easements and irrevocable offers of dedication shall be shown on the final map. A title report dated within 60 days of submittal of the final map shall be submitted together with backing documents for all existing public utility easements and offers of dedication. Applicant shall submit evidence of noticing to all existing public utility easement holders · within the project boundaries as required by the Section 66436 of the Subdivision Map Act. AGREEMENTS 26. Applicant shall and does agree to defend, indemnifY and hold harmless the City and its agents, officers, and employees, ftom any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. · 27. The Applicant shall and does agree to hold the City harmless ftom any liability for erosion, siltation or increase flow of drainage resulting ftom this project. Signature of Property Owner Date Signature of Representative Date MISCELLANEOUS · 28. The Applicant shall permit all ftanchised cable television companies ("Cable Company") equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Restrict access to the conduit to only those ftanchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the ftanchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may ftom time to time be issued by the City of Chula Vista. · 15-59 Resolution No. 2004- Page 11 of 11 29 Tie the boundary of the subdivision to the California System-Zone VI (NAD '83). 30 Submit copies of the Final Map in a digital format such as (DXF) graphic file prior to approval of the Final Map. Provide computer aided Design (CAD) copy of the Final Map based on accurate coordinate geometry calculations and submit the information in accordance with the City Guidelines for Digital Submittal in duplicate prior to the approval of the Final Map. 31 Submit a conformed copy of a recorded tax certificate covering the property prior to approval of the Final Map. X. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their. terms, the City shall have the right to revoke or modifY all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Applicant shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable and diligent time ftame. XI. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provision, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by: Approved as to form by: .D~ ( . t-/-~- - Jim Sandoval Ann Moore Director of Planning & Building City Attorney Attomeylresolmapsltentative sub\321 Rancho Dr - TM Condo Conver.doc 15-60 ------- . .......------- COUNCIL AGENDA STATEMENT Item No.: Ib Meeting Date: 11/23/04 ITEM TITLE: Resolution of the City of Chula Vista, California, amending Chapters X (Building) and XIV (Planning) of the City's Master Fee Schedule SUBMITTED BY: Director of Planning and BUildin~ REVIEWED BY: City Manager ¡;;J (4/5ths Vote: Yes _ No-.K) The proposed changes to the Planning Fees (Chapter XIV) are the result of a planning fee study, the first conducted since 1992. It is anticipated these fee changes will generate an additional $250,000 annually to cover planning operations, funding previously provided from the general fund. The proposed change to the Building Fees (Chapter X) is to clarify in Paragraph D that construction valuation is calculated using a valuation table, and to include the valuation table as Appendix G to the Master Fee Schedule. RECOMMENDATION: That the City Council adopt the resolution amending Chapters X (Building) and XIV (Planning) of the City's Master Fee Schedule. BOARDS AND COMMISSIONS: None. ENVIRONMENTAL REVIEW: The Environmental Review Coordinator has reviewed the proposed action for compliance with the California Environmental Quality Act and has determined that the action qualifies for a statutory exemption pursuant to Section 15273 of the State CEQA Guidelines. Thus, no further environmental review is necessary. DISCUSSION: Planning Fees (Chapter XIV) This report and its recommendations are the culmination of a comprehensive review of all fees related to planning application services (Chapter XIV) provided by the City. This review was undertaken due to changes in staff compensation, consultant costs and procedural changes in operations and automation since the last planning fee study was completed in 1992. Other factors exerting upward pressure on processing costs include inflation, work scope and increase in complexity. This review has resulted in proposed fee changes for planning applications and /0 -I - - -~~~~---~._.._------- Page 2, Item No.: I~ Meeting Date: lIl23/04 related activities. The proposed fee schedule has been developed based on current operations, development volume and service provision costs spread equitably to those receiving these City services. City staff presented the methodology and results of the Planning Fee study to the Chula Vista Chamber of Commerce on October 13, 2004, and received their endorsement. The draft Council Agenda statement was FAXed to the Building Industry Association (BIA) on October 14, 2004 for comment, two follow-up phone calls were made a week later, both without response. The first step in the process of analyzing the costs of providing planning-related services and the fees charged for these services was to identify the total costs (both direct and indirect) of providing the services. As each planning application is received, a project account number is assigned for tracking, whether the project has a flat fee or a deposit account. When staff works on each project, they record the time spent on each project in the project accounting system, which tracks the time at the full -cost -recovery rate. This rate covers direct and indirect expenses for processing each application. In this way, we were able to compile the average actual costs of a variety of existing planning applications using the most recent two years of data. Many fees remained unchanged in this study, either because they are developer deposits or because we lacked recent activity data. When possible, the planning fee schedule was simplified for ease of use by the public and staff. The fee schedule modifications are summarized in the two following tables, accompanied by explanation. Table A addresses proposed changes to existing fees, and Table B addresses proposed new fees. Proposed Changes to Existing Planning Fees Table A shows proposed changes to existing planning fees. Administrative Conditional Uses and Variances provided the most data for fixed fee projects over the last two years, and the proposed increase in fees will help ensure those applying for the services pay for those services. A survey of five other San Diego County municipalities with such fixed fees (see table I) showed an average fee of $ I ,600, therefore the proposed fees are below the average of comparable local agencies. Table 1 - Comparable Municipalities - Conditional Use Permit Fees Carls bad S D County Encinitas Oceanside Nat'l City CUP Fee $2,950 $1,350 $ 570 $1,828 $1,325 The increase in Administrative Conditional Use Permit fees will affect approximately 130 large and small businesses each year, or about I percent of the current active business licenses in the City. Conditional Use Permits are the City's means of controlling the activities of businesses having potential impacts on surrounding neighborhoods or areas. We are not proposing any changes to Conditional Use Permit Fees or Variance Fees requiring public hearing. Conditional Use Permits and Variances which require Public hearings usually take more staff time to review and prepare, so deposits are proposed to ensure full cost recovery. The deposit amounts shown reflect the average of these cases, but these amounts may be adjusted if our future experience is /~/~ Page 3, Item No.: 16 Meeting Date: 1I/23/04 significantly different. Whenever any deposit is taken by the City to process an application, the unused balance is returned to the applicant upon completion of the application process. Table A - Proposed Planning Fee Changes Plannina Application Type Current Fee Proposed Fee Appeals and Hearings Appeal of front-vard parkino 25 eliminate Conditional UsesNariances Administrative: CUP 350 1,175 Variance 350 1,430 Modifications 185 1,175 Public Hearinqs: Satellite dish variance 50 eliminate Variance mod/ext 380 deposit CUP mod/ext 380 deposit Design Review Administrative $200-deposit deposit Admin extlmod 100 deposit Public Hearinqs $390-deposit deposit Pub Hearinq extlmod 280 deposit Environmental Review Use of previous docs 600 deposit Qualifications review 35 100 Sians Siqn Proqram Modification 150 deposit The data for all design review applications is limited over the last two years, and there is not a clear relationship between the size of the project as reflected in the current fee schedule, and the time involved to process the application. We propose to simplifY the fee schedule for design reviews (both administrative and those requiring public hearing) by requiring a deposit to ensure the applicant pays for the actual cost of the service. The deposit amounts shown are averages using the limited recent data we have. These deposit amounts may be adjusted (up or down) if our future experience is significantly different. Environmental review has expanded a great deal since 1992 due to changes in California Environmental Quality Act requirements. Given the variables involved in environmental review and the change in complexity during this period, we recommend a deposit for the review of environmental documents to ensure the applicant pays the actual cost of processing the application. We also recommend increasing the fee for environmental consultant qualification review to cover the City's cost. Sign program modifications are often times as time-consuming for staff as initial program applications. We recommend that modifications be handled on a deposit basis. /1£;--3 .---------..-- . ---.. . ----_._-~-- Page 4, Item No.: tb Meeting Date: 11/23/04 Proposed New Planning Fees Conditional use permit code compliance inspection will now be performed by Code Enforcement. The fee for this service, to be charged on all new conditional use permits and permit modifications, will ensure the applicant is adhering to the conditions specified in the permit. The fee covers the cost of a City code enforcement officer providing an initial inspection after approval of the permit, and then a retum inspection after 12 months to ensure continued compliance. The $300 fee is derived from the estimated staff time involved in preparing for the inspection, and in visiting the property two times, and is based on the level of this permit activity over the last 12 months. When this inspection fee is combined with the increased conditional use permit fee, the total of $1,475 is still below the average of our survey of five other San Diego County municipalities with such fixed fees that showed an average fee of $ I ,600. Table B shows the proposed new planning fees One of the results of the Chula Vista Multiple Species Conservation Plan (MSCP) adoption by the U.S. Fish & Wildlife Service will be the authority for the City to issue habitat-take permits. Although the City does not yet have take authority, we would like to include this new permit in our fee schedule in anticipation of its adoption, which will grant the City authority to issue these permits. Heretofore, planning applicants have had to apply directly to the U.S. Fish & Wildlife Service for this permit, ensuring adequate protection of wildlife habitat while allowing development. The comprehensive nature of the MSCP will give the City this authority with the understanding the City will monitor habitat conservation efforts according to the plan. The City will not take deposits or collect these processing fees until we receive federal authority to issue these permits. Table B - Proposed New Planning Fees Plannina Aoolication Type Current Fee Prooosed Fee Conditional UsesNariances CU P Comoliance I nsoection none 300 Environmental Review Habitat Loss Incidental Take Permit none - N/A deposit Sians Sian Proaram Permit (oer sian) none 25 Non-Sian Proaram Permit (oer sian) none 100 Temoorarv Sian Permit none 100 Other Fees Historic Preservation: Application for Historic Desiç¡nation none 500 Application for Mills Act status none 240 Historic Sian Fee none 150 Zoninp Letter / Property Research Official Zoninn Letter none $ 85/letter Property Research !after 1" Y, hour) none $100/hr Records Manaoement none 3%, $10 min I (p-'f Page 5, Item No.: 10 Meeting Date: 11/23/04 In 1985 the City established a list of historic buildings in Chula Vista. Since that time, we have received applications from property owners to have their buildings added to this list for a variety of reasons. We have not charged applicants for these services, yet there are staff and material costs. We propose a $500 flat fee for applications to get on the historic building list, which covers the full cost of four hours of a planner's time dedicated to processing the application, the average amount of time we have experienced over the last year Once on the list, the property owner has the option of purchasing a standard City historic site sign, at the City's cost of $150. Also once on the list, some owners will benefit from the tax savings afforded by the Mills Act, and if they apply, a $240 fee covers two hours of staff time to process this application. The Planning division receives frequent requests for zoning letters on properties within the City, usually properties going on the market for sale. The letter is on City letterhead and describes the zoning requirements for the property in question. The property research and letter preparation takes on average about an hour per letter. We propose including this fee on the schedule to cover the full cost. Planning staff also provides research services for the public, and will charge after the first free half hour. We propose adding this to the fee schedule. As with other City departments, Planning Division has a legal requirement to retain and permanently store planning records. These permanent records may be archived offsite with a third party vendor, scanned into digital format by a third party vendor for access on the City's Laserfiche® database, or scanned into digital format by City staff. We propose a 3% fee on all planning applications, with a $10 minimum to cover these expenses. At our current planning permit activity level, this will raise the annual $45,000 needed to cover the expenses incurred digitizing and storing these records. Activities exempted from this fee are the environmental qualifications review, zoning permits on business licenses, zoning letter/property research and historic signs. Administrative Clean-up In assembling data for this fee study, we found in some instances we were charging fees for activities as allowed by ordinance but not expressly identified in the Planning Fee Schedule Chapter XIV. These items are discussed below, and although they are not new fees, should be expressed in the revised fee schedule. Substantial conformance review is not a new activity in planning. Currently, these applications are classified based on the application type (e.g. conditional use, design review, tentative map), but we would like to track the data by creating a separate deposit account. When various planning services are provided for applications that do not fit clearly into the existing fee schedule, they are placed in a miscellaneous category. In order to better track data and provide notice to customers that planning approval is necessary for certain activities, we are adding some new permits to thecfee schedule. These permits include new planning permits for signage. Also included are large family daycare permits, special event permits and mobile home lot line adjustment applications according to Title 25 ofthe State code. 1~-5 ---- ---_._.__..,.,_._._._---,--_..._.~ Page 6, Item No.: 10 Meeting Date: 11/23/04 Wireless transmiSSIOn facilities on City property or in the public right-of-way have been processed as conditional use permits, but should be tracked separately since the procedures and standards are different. We propose adding a specific permit for these applications in the miscellaneous category of the planning fee schedule and requiring a deposit to cover the City's full cost to process the application. Building (Chapter X) No changes are proposed for Building Fees at this time, but a clarification in the text is recommended. In Paragraph D, Determination of Value, we have clarified that building valuation is determined using a building valuation table, and attached the current valuation table, dated July 26, 2000, as Appendix G to the Master Fee Schedule. This gives full disclosure as to how valuation is determined for a building permit. We also recommend adding text to allow the Building Official to make minor modifications to valuation on a case-by-case basis. FISCAL IMP ACT: The proposed increase in planning fees will have a positive effect on the General Fund, estimated at $250,000 over a one-year period. The records management fee is estimated to generate another $44,300 to cover these services. Attachments I. Master Fee Schedule Chapter XIV - Planning (italics and line-outs denote changes). 2. Master Fee Schedule Chapter X - Building (italics and line-outs denote changes). 3. San Diego Chapter ICBO Building Valuation Table dated July 26, 2000. J:\planning\diana\2004 Fee Study r6.OOc It~(¡; CHAPTER XIV .A 7ï4c J.iM17A/ì I Planninl! A. ANNEXATION 1. Annexation Deposit The fee for petitioning the annexation ofterritory to the City shall be determined by the actual staff time needed to process the application, calculated at the City's full-cost recovery rate and initiated with a deposit. a àefJÐsit 18 seW/far the City' s full east iBeh:u:liag ew/eraeaè. B. APPEALS AND HEARINGS h1. Appeals and Requested Actions requiring public hearing Barere the Plar.ning I Cemmissien anà Zoning .^.àministrater a,For all appeals ftom actions of the Planning Commission, City COIlHeil Design Review Committee or a request for reconsideration of an action by City Council any appeal fileà pursuant to Chapter 19.12 or 19.14 ofthe Chula Vista Municipal Code, the fee to the applicant shall be determined by the actual staff time needed to process the application, calculated at the City's fùll-cost recovery rate and initiated with a deposit. a àepesit to eeyer the City's full eest inelliàiHg eyerheaà. B.Miseellaneelis ref liest fer aetien BY the PlæmiHg Cemmission2. Administrative Appeals - Applicant $350 3. Non-Applicant Appeals - Administrative/Public Hearing $350 . 1 )If a pll8lie hearing is net ref liireà: $350 2)If a pll8lie hearing ifref Uireà a àepesit ta sever the City's full eest inelliàing e'/erheaà. e.ReereatieHal Vehiele Regalatiens .^.ppeal ef Zening .^.àministfator' s àeeisiell all frent )"Ðfà pæ-king $25 appeal fee C. CONDITIONAL USES / VARIANCES I 1. Administrative Conditional Use Permits /and Variances / Modifications / I Extensions (minor use) Master Pee Schedule /~ -1 Page 8 Part II - Development Chapter XIV - Planning · a. Conditional Use Permits $1,175 Varianee or COHditisnal Use PelHli t Zoniag f.àmiaistmter b. Variance $1,430 c. Modifications $1.175 d. Extensions $ 185 · Fer sSflditional ase 3elHlits and varianees whieh de not ret¡aire a 3Hàlie heariag, the fees shall be: 1)$350 filing fee for a ssnditisaal ase 381IRit 2)$25 filing fee fer a satellite dish antenna 'iarianee 3)$350 filiag fee for any ether 'iaFianee Jr.2. Conditional Use Permit / Variance / Modification - Public Hearing (major I use) · The fee to the City shall be determined by the actual staff time needed to process the application, calculated at the City's full-cost recovery rate and initiated with a deposit. f4! 3lieatisas for eonditioaal ase 3eFlRits shall be made ts the PlarJ'lÌag Csmmissiea in ?iRting Of! a f-eFIR 3reseribed by the Plæmiag C8II1missiof! and shall be aeesfllJ3anisd by 3laf!s ami àata suffieiel!t ts show the dstail efthe 3ro 3osed Hse or bHilding. The 8J3 3lieatiea shall be aeesm 3anieà by a àe 3ssit te so','er the City's full eest if!eIaàiag Ðverheatl. The Dirsetsr sfPlæmif!g shall saHSS the matter ts be set fer hearing in the same mar.asr as ret¡Hired fer ssttiag zsaif!g matters · fer hearing. The Direeter sfPlæming sr the Plar.aiag Commissisf! shall have the diseretiea to iaslade if! the astiee sfthe heariag sa saeh 8J3 3lieatisa f!otiee that the Plæmif!g Cemmissief! will eeasider classifieatisa sf ether thaIl that fer whieh ap 3lisatiea is maàe and/er additisaal 3rsperties and/sr Hses. lR thsse eases where the ap 3lieatisas esnfeFIRs te the rst¡llireæsats efSeetiea 19.1 ~.030A efthe MHHieipal Cede, the 8J3 3lieatioa shall be àireetsd ts the zsHÍng aàmiaistratsF. 3. Conditional Use Permit Code Enforcement Inspection $300 · Fee required on all conditional use permits and pays for an initial inspection and a follow-up inspection at 12 months to assess code compliance. c.\'ariaflce PHàlie Heariag 1 )$50 nemefuRdable filiag fee fsr satellite dish antelllla varianee Master Fee Schedule Page 9 Part Il- Development /~-f Chapter XIV - Planning · 2)The filing fee fer an)' ether varianee requiring a poolie hearing shall be a àe gesit te eever the City's full eost inelliding overheaà. à.Conditienal Use Permit I\1eàifieation/EJltension The fee for meàifieatienle¡ttenoion of a eonàitional \lse peffilit shall be as fellews: l)If a poolie hearing is net ref liir-eà, $1&5.00 2)If a poolie hearing is refj:ær-eà, $3&0.00 e.Varianee MoàifieatieR'EJltension The fee fer meàiHeatienleJltenoien ef a ",arianee shall be as follows: I)If a poolie hearing is net refJ:tiireà, $1&5.00 2)If a poolie hearing is reqllired, $3&9.00 D. DESIGN REVIEW PLL"l REVIEW ...."'D INSPECTION I 1. Administrative Design Review - The fee to the City shall be determined by the actual staff time needed to process the application, calculated at the City's full-cost recovery rate and initiated with a deposit. a.Pr-oj eets sl!bj eet te poolie hearing by the Design Review Committee shall be soojeet to proeessing fees as fellows: 1 )$399 fer 1 te 111ßits $599 for 5 te 15 IHÈts $799 for 16 te 25 lIHits $ I ,999 for 26 to 190 IlßÌts Fer o'¡er 109 lIflits er for eemmereial er inàllstrial prej eets, the fee shall be a dCfJosit te eewr the Cit:i's full eest inel\làing e'lerhead. 2)$2&0 proeessing fee for a fefj:\lest for eJltensien er modifieatiens te the plan b.I\1iner projeets soojeet te review by the Zening .^.dministrater Master Fee Schedule Page 10 Part Il- Development /~-c¡ Chapter XIV - Planning -- - --- ---------- 1)$200 pres6asing fee for single family resiàential $300 fer 2 te 1 Hnits For over 1 HHÎts tHe fee sHall Be a deposit to sover the City's full cost inslüàing overHeaà. 2)$ I 00 pTes6ssing foe for a reEJ.¡¡est for eJ(tension er meàifieations to tHe plaR 2. Other Residential/Commercial Design Review / Public Hearing - The fee to the City shall be determined by the actual staff time needed to process the application, calculated at the City's fùll-cost recovery rate and initiated with a deposit. Master Fee Schedule Page 11 Part II - Development /IÞ~/() Chapter XIV - Planning :];'E. ENVIRONMENTAL REVIEWBm'irenmeßtaJ Review Prøeesses 1. Environmental Impact Report (EIR) application and candidate California Environmental Quality Act (CEQA) findings - The fee to the City shall be determined by the actual staff time needed to process the application, calculated at the City's full-cost recovery rate and initiated with a deposit. 2. Use and review of previously prepared environmental documents - The fee to the City shall be determined by the actual staff time needed to process the application, calculated at the City's full-cost recovery rate and initiated with a deposit. 3. Processing application for an initial study - The fee to the City shall be determined by the actual staff time needed to process the application, calculated at the City's full-cost recovery rate and initiated with a deposit. 4. Habitat Loss and Incidental Take permit (HLIT) - The fee to the City shall be determined by the actual staff time needed to process the application, calculated at the City's fUll-cost recovery rate and initiated with a deposit. [Note: this permit will only be in effect upon U.S. Department ofFish & Game approval of City's Multiple Species Conservation Plan (MSCP)] 5. Review of consultant qualifications for placement on City's list of environmental consultants - $100 a.A .e< Hest to initiate the ~re~aratioB of aB EIR and .aBdiàate CEQÞ. fmàiHgs shall ae I . I L. . ..L f",~ , .1:..11 . . a.P"ar to the sigrnHg of an agreemellt far the preparatiaB of an EIR aBd CEQA !ffiàiBg, the ~.eje.t pfO~aHellt shall àe~asit witk the De~_1It afFiRtm.e the amaHHt Beoessary . ,.: . "', . L' .. Fee Soked"'e I ..Sele.tiaH of .anstlltallt and ~fO.e.sing of aB EIR Þ. àepa.it to eaver the City's full I ... . d.CansultaHt prepaFatiaH of an EIR ""d eaHEliàate f. àepasit to eaver the City's full I ....n.... . e.City staff pFepaFatiaH and pre.e.siBg of"" Bm. OBd 1\ àepesit 18 Gaver the City's full I :, .--: . f.PraeessiBg applieatiaH for"" Irntial StlJày aBd Þ. àepasit to ea','er!fte City's full I .~. . -,' . g.Re'''¡eo¡¡ ""d H.e of ~re'/;aHsly prepared Em. aHd the Þ. depa.it to eaver the City's full I .. . k.Re','ieo¡¡ afpray;a". IBitial StlJày aHd tha Hse of $@() I . .~ i.Appeal afPlaHIIiBg Cammis.iaH re< He.t far m...e $l# I infeRnStiSB j.Ro,Jio·l,' of eaHsultaHts E HllIiH.atians for plaeemellt ~ I 8ft the list of e&~1ifÐnmeBtal eSRsHlmnts k.Pla.emellt aB list to re.eive all eH'''¡raBHlOHtal $W I Master Pee Schedule Page 12 Part 11 - Development liP ~II Chapter XIV - Planoing --",---.--.-.. ~~=~ I II I ~ I l.èop~· eftRecE::=='::,'~;~:" Prosed....s and J.F. MAJOR PLANNING APPLICATIONS 1. General Plan Amendment - The fee to the City shall be determined by the actual staff time needed to process the application, calculated at the City's full-cost recovery rate and initiated with a deposit. The fee fer pr06essiHg CeRamI Plaa ameRèmeHt IIjJplieatieHs shall be a àel'JÐsit to eO'ier the City's full eest inelüàiHg o'ierheaà. 1.LaaàselljJe Plan Review/Laaàs6l1jJe lRspeetioH a.The roe ferre'iÏew ofa l8flàseape plaa shall be $150.00 plüs $35 per sheet iH eJ¡eess sf 1 sheets. b.The fee for iHSfJeetisH oflaaàseaping iHstallatisH shaIl be $190 per inSfJeetisH 'iisit. ~2. PC Zone General Development Plan and Modifications - The fee to the City shall be determined by the actual staff time needed to process the application, calculated at the City's full-cost recovery rate and initiated with a deposit. The fees shaIl be àeposits to eO'ier the City's full eost inelüàing oyerheaà. 6,3. Planned Unit Developments and Modifications - The fee to the City shall be determined by the actual staff time needed to process the application, calculated at the City's full-cost recovery rate and initiated with a deposit. The fee for plam¡eà _it àevelepments sr moàifieatien thereof sflaIl be the I City's fuIl esst inelüàing s'ierheaà. 7.P18fI Re'iÏevi CsnstruetisH Chaages a.$15 No site visit re( üir-eà $90 Site visit re( üireà &4. Precise Plan Approval and Modifications - The fee to the City shall be determined by the actual staff time needed to process the application, calculated at the City's full-cost recovery rate and initiated with a deposit. a.The IIjJplieation shaIl iHeIllàe: I Master Fee Schedule Page 13 Part II - Development 16-/;)- Chapter XIV - Planning Tile Rarne and adàress eftfie applieæH amI ef all pefSeRS eV:IÚRg any er all efthe prepeH)' prepesed to be used. The applieatieR must be sigHed by tile e',vRer/ofltioR lIeltler, er '.vritteR pemJ.ÍssioR HHlst be giveR autheFÌziag an agefÎt te sigH the applieatioR. b.AII data anti maps as s¡¡eei:li.eà iR the M\lßÍeipal Cetle. e.The fee for pFoeessiag a preeise plan or a meElifieatieR thereof sllall be a deposit te ee'¡er tile City's full eost iReladiag eyerllelld. 1),5. Sectional Planning Area Plan and Modifications - The fee to the City shall be determined by the actual staff time needed to process the application. calculated at the City's fUll-cost recovery rate and initiated with a deposit. Tile fees shall be deflesits te ee'¡er the City's full eest iaeludiRg e'¡erfiead. I -J.{k6. Specific Plan Development Proposal and Modifications - The fee to the City shall be determined by the actual staff time needed to process the application, calculated at the City's fUll-cost recovery rate and initiated with a deposit. a. The fee fer a speeifie plan prepesal er metli:li.eatieH shall be a depesit te eever the City's full eost iaeludiag eveffieaà. b..'\t the diseretieR eftlle ZSHiRg .^.àæiRistmter, t\ús deposit may be waived fer small prejeets in faver ef a $139 Rat fee. .J-J-c7. Tentative and Vesting Tentative Map Fees - The fee to the City shall be determined by the actual staff time needed to process the application, calculated at the City's fUll-cost recovery rate and initiated with a deposit. Prier te the submissioH ef a teatllti'¡e map, an e¡¡teasieH reE Hest, sr a vestiag teHtative map te the Planning DepartmeHt for preeessing, the preperty eWller or subdi'¡ider shall àepesit witll tile City tile ame\lHt te ee'.'Ðr the City's full eost iaeladiag e'¡effiellà, iHeefFed iR eeHj\iHetieH with review anti preeessiRg ef said map. E.G. SIGNS 1. Signing Program Application and Modifications - The fee to the City shall be determined by the actual staff time needed to process the application, calculated at the City's fUll-cost recovery rate and initiated with a deposit. Master Fee Schedule Page 14 Part 11 - Development /~~/?; Chapter XIV - Planning a.The Plar.neà SigHiag Pregram IIfJplieatisa fee shall Be a àeposit to eO'ler Hie City's full eost iaeIudiRg everheaà. B.The fee fer a moàifieatioa to an IIfJpr-eveà sigH pFegram shall Be $150. 2. Sign Permit: a. Sign Program $ 25 per sign b. Non-Sign Program $100 per sign 3. Temporary Sign Permit $100 per sign F.H. ZONING 1. RezoneffigApplications - The fee to the City shall be determined by the actual staff time needed to process the application, calculated at the City's full-cost recovery rate and initiated with a deposit. f<pplieatioHs fur aRY ehaRge ia zoae BOllllàaries, elassifieatioH or reelassifieatioR of zeHes mOOe BY OHe or more OWHers or parties ef iaterest ia Hie preperty wiHiiH the area to Be affceted BY the proposed aetioa sàall Be filed wiHi tile Direetor of Plar.aiag, aeeompanieà BY sueh àata anà iafeffilatioa wlliell '.yould iasure a mIl presSHtatioa of tile faets aRà eiFOIURDtaReeS to justif)' tile reaseaoolen.ess of tile proposed aetioH. Said IIfJplieatioa sllan Be ia a f-e_ as appfo'leà BY tile Plar.niag Commission and sllall Be affiæ¡ed BY Hie applieant. Eaeh IIfJplieatioH shall be aesolHfJanied by a deposit to eover Hie City's full eest iaeludiag oyerfleaà. 2.ZoRiag Code .'\pplieatieas SUBse( ueHt To A Vielatioa Tile fee re( lIired fer IIfJplieatioas subse( lIeffi te a yiolatioa ofTitIe 19 of Hie MllIlieipal Cede sllall Be deuble Hie Rmellat tllat wOllld ao_ally Be re( lIired. SHeil double fee shall HOt Be eoastmed as a p8llalty, Bill shall Be eeastmed as an OOded fee re( lIired to deffay Hie additieaal e¡¡p8llse of iITysstigatiea and eafereeIH8Ilt BY the City as a reslllt of failllfe to eOlHfJly with the preyisioHs efthe title. h2. Zoning Permit I Permits for which applications are submitted prior to establishment of a new or changed use of any land or building $30 Permits for which applications are not submitted prior to establishment of a new or changed use of any land or building $45 [Resolution 18356, effective 8/8/96J I Master Fee Schedule Page 15 Part II - Development /ip,/L/ Chapter XIV - Planning I. OTHER PERMITS 1. Large Family Daycare permits / extensions $175 2. Temporary Outside Sales $ 75 3. Special Events on private property $100 4. Mobile Home lot line adjustments (Title 25) $200 5. Zoning Letter / Property Research a. Official Zoning Letter $85 per letter b. Property Research exceeding one-half (1/2) hour - the fee to the City shall be $100 per hour and is initiated with a deposit 6. Historic Designation a. Application for Historic Designation $500 b. Application for Mills Act status $240 c. Historic Sign fee $150 7. Records Management Fee 3% on every application, $10 minimum 8. Substantial Conformance Review - Thefee to the City shall be determined by the actual staff time needed to process the application, calculated at the City's full-cost recovery rate and initiated with a deposit. 9. Violations / After-the-fact submittals - The fee required for applications subsequent to a violation of Title 19 of the Municipal Code shall be double the amount that would normally be required. Such double fee shall not be construed as a penalty, but shall be construed as an added fee required to defray the additional expense of investigation and enforcement by the City as a result of failure to comply with the provisions of the title. If the normal application requires a deposit, the normal deposit is also doubled. 10. Wireless Transmission Facilities on City property or in the public right-of- way - The fee to the City shall be determined by the actual staff time needed to process the application, calculated at the City's jùll-cost recovery rate and initiated with a deposit. 11. Public notice mailing list $50 Master Fee Schedule Page 16 Part II - Development /{P~/S Chapter XIV - Planning ,--,-----..--------.--,,---- CHAPTER X ,4 r-r4C HMEJJ T L. Buildill!! A. APPEALS I. Board of Appeals and Advisors, Hearing Application The filing fee for a hearing before the Board of Appeals and Advisors shall be a deposit to cover the city's full cost including overhead. 2. Building Move, Relocation, or Demolition Appeal The fee for filing an appeal of a finding or recommendation of the Building and Housing Department on a building move, relocation or demolition shall be one-half of the original application fee. B. CODE ENFORCEMENT 1. Nuisance Abatement: Appeal Fee The amount ofthe appeal fee shall be determined periodically by the City Council based upon the costs incurred by the City in processing an appeal pursuant to this chapter. The calculation shall include all costs of the City Abatement Officer, City Clerk, and the City Council but shall exclude actual costs for any work of abatement calculated pursuant to Section 9.9. 2. Nuisance Abatement: Noncompliance with order to abate The fee authorized in case of noncompliance with an order to abate shall be the City's full costs including overhead for nuisance abatement. 3. Sign Structures - Charges for moving, removal, correction or other work performed by the city The fee for moving, removing, correcting, storing or doing work on a sign or sign structure shall be the city's full cost including overhead. Master Pee Schedule / ~ -lip Page I Part II - Development Chapter X - Building C. COMBINATION BUILDING, PLUMBING, MECHANICAL, AND ELECTRICAL PERMIT FEE I. With the exception of those permits specifically listed in Sections E through I of this chapter, all fees for processing and inspecting building, plumbing, mechanical, and electrical permits shall be collected in accordance with the fee schedule below. TOTAL VALUATION FEE $1.00 to $2,000.00 $76.00 $2,001.00 to $100,000.00 $76.00 for the first $2,000.00 plus $7.00 for each additional $1,000.00 or ftaction thereof, to and including $100,000.00 $100,001.00 to $300,000.00 $762.00 for the first $100,000.00 plus $4.25 for each additional $1,000.00 or ftaction thereof, to and including $300,000.00 $300,001.00 to $500,000.00 $1,612.00 for the first $300,000.00 plus $3.75 for each additional $1,000.00 or fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00 $2,362.00 for the first $500,000.00 plus $2.75 for each additional $1,000.00 or ftaction thereof, to and including $1,000,000.00 $1,000,001.00 and up $3,737.00 for the first $1,000,000.00 plus $1.85 for each additional $1,000.00 or ftaction thereof 2. Combination Plan Review Fee a.) A flat fee of $92.25 shall be collected for the review of city standard plans. b.) A flat fee of $36.50 shall be collected for each repetitive plan review. c.) Fees for non-repetitive plan review shall be collected in accordance with the following fee schedule. [Ordinance 2831. effective 04/03/01J SEE ALSO TABLES ON FOLLOWING PAGES Master Fee Schedule Page 2 Part II - Development /~-11 Chapter X - Building -- ------.. -,-,,-,,"-_._._'-~~-- · Other Inspections and Fees: I. Inspections outside of Donnal business hours Full cost recovery 2. Reinspection fees assessed under provisions of Full cost recovery Section 305(g) 3. Inspection for which no fee is specifically Full cost recovery indicated (minimum charge - one half hour) 4. Compliance Survey Inspections (minimum charge Full cost recovery one hour) 5. Additional plan review required by changes, Full cost recovery additions or revisions to approved plans (minimum · one-half hour) 6. Strong Motion Instrumentation Program fees per Per State requirements California Health and Safety Code Residential SMIP Fee ~ Project Valuation x .0001 Commercial SMIP Fee ~ Project Valuation x .0021 7. Foundation only pennits (not credited toward 25% of building pennit fee or as building pennit) otherwise detennined following request for Building Official review 8. Application for hearing before Board of Appeals Full cost recovery and Advisors · 9. Application for Administrative Hearing to evaluate Full cost recovery alternate methods and materials 10. Temporary Certificate of Occupancy issuance $70 II. Pennits for mobile home installations and Per State requirements accessory buildings and structures TOTAL VALUATION NON-REPETITIVE PLAN REVIEW FEE $1 TO $2,000 $196.50 $2,000 TO $100,000 $196.50 for the first $2,000 plus $10.50 for each · additional $1,000 or ftaction thereof, to and including $100,000. $100,001 to $300,000 $1,225.50 for the first $100,000 plus $5.25 for each additional $1,000 or ftaction thereof, to and including $300,000 $300,001 to $500,000 $2,275.50 for the first $300,000 plus $4.25 for each additional $1,000 or ftaction thereof, to and including $500,000 $500,001 to $1,000,000 $3,125.50 for the first $500,000 plus $3.50 for each additional $1,000 or ftaction thereof, to and including · $1,000,000 $1,000,001 and up $4,875.50 for the first $1,000,000 plus $2.25 for each additional $ I ,000 or ftaction thereof Master Fee Schedule /~-/'¡ Page 3 Part II - Development I Chapter X - Building · [Ordinance 2831. effective 04/03/01] D. DETERMINATION OF VALUE The determination of value or valuation under any of the provisions of this master fee schedule shall be set forth in Appendix G.er efthe Bllildiag eede has Been I mOOe BY tile Building effieiaI. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, hearing, air conditioning, elevators, fire-extinguishing systems and any other permanent equipment. The building officiql shall be authorized to make minor adjustments to the valuation calculation on a case-by- case basis as the situation warrants. A. ELECTRICAL PERMIT FEES Fees for processing and inspecting electrical permits shall be as follows: TYPE OF PERMIT FEE For the installation, relocation, r lacement, or alteration of each: Tem or ower ole $117.25 Temporary or permanent service edestal $101.75 Tem orary Ii tin system $101.75 Tem orary Power on a ermanent base $ 66.00 CATV electrical meter enclosure with or without $110.50 New electric meter (see below for resetting fee $135.00 Upgrade of existin electrical service $110.00 For each resettin of an electric meter* $ 86.00 For each overhead to under ound conversion $ 86.00 Miscellaneous wirin conduit (includin mechanical apparatus) $ 86.00 * The fee for residential repairs or replacements shall be 50% of the stated fee. These electrical permit fees only apply to individual permits. They do not apply when a combination permit fee has been collected under Section C of this chapter. [Ordinance 2831, effective 04/03/01] B. HOUSING PERMIT FEES The fee for a housing permit as authorized by Section 15.20.040 of the Municipal Code shall be as follows: Master Fee Schedule Page 4 Part 11- Development / ~ - /1 Chapter X - Building ..__._.._._~_..~._._"... For each apartment house, lodging house, boarding house, group residence, hotel · and motel containing - Not more than six (6) units 78.00 Not less than seven (7) units but not more than ten (10) units 106.00 Not less than eleven (11) units but no more than fifteen (IS) 127.00 units More than fifteen (IS) units *127.00 * plus $2.90 for each unit in excess of 15 units For failure to pay a housing permit fee on or before the delinquency date, the · penalty shall be computed on the same basis as the penalty to be paid for failure to pay a business license tax on or before the delinquency date as outlined in Section 5.04.080 ofthe Municipal Code. C. MECHANICAL PERMIT FEES Fees for processing and inspecting mechanical permits shall be as follows: TYPE OF PERMIT FEE · For the installation, relocation, replacement, or alteration of each: Forced air or gravity type furnacelbumer (F AU) including $83.75 ducts and vents* Floor furnace including vent* $83.75 Suspended heater $83.75 Recessed wall heater* $83.75 Floor mounted heater* $83.75 Appliance vent $83.75 Commercial boiler $83.75 Commercial reftigeration compressor $83.75 · Commercial absorption system $83.75 Commercial air handling unit including ducts $83.75 Commercial evaporative cooler (other than the portable type) $83.75 Commercial ventilation system that is not a portion of any $83.75 heating or air conditioning system Hood that is served by mechanical exhaust including ducts $83.75 Commercial incinerator $83.75 Cooling or air conditioning unit $104.00 For each repair, alteration, or addition to an existing heating, $83.75 appliance, reftigeration unit, cooling or air conditioning unit, · absorption unit, or evaporative cooling system Master Fee Schedule Page 5 Part 11 - Development liR,;..O Chapter X - Building * The fee for residential repairs or replacements shall be 50% of the stated fee. {Ordinance 2831. effective 04/03/0I} These mechanical permit fees only apply to individual permits. They do not apply when a combination permit fee has been collected under Section C of this chapter. D. PLUMBING PERMIT FEES Fees for processing and inspecting plumbing permits shall be as follows: TYPE OF PERMIT FEE For the installation, re lacement, relocation, or alteration of each: Water heater and/or vent* $68.25 Water i ing system $106.00 Sewer lateral $61.50 Tra , drain, and/or vent $72.50 Buildin sewer or trailer ark sewer $72.50 Commercial rainwater system $72.50 Private sewa e dis osal system $72.50 Gas i in s stem* $72.50 New Gas meter (see below for resettin fee) $72.50 Commercial waste pretreatment interceptor including its trap $72.50 and vent, excepting kitchen type grease interceptors functioning as fixture traps Water treatin e ui ment $72.50 For each resetting of a gas meter* $72.50 * The fee for residential repairs or replacements shall be 50% of the stated fee. These plumbing permit fees only apply to individual permits. They do not apply when a combination permit fee has been collected under Section C of this chapter. {Ordinance 2831. effective 04/03/0I} E. PHOTO VOL T AlC SYSTEMS The building permit fee for the installation of photovoItaic systems in residential occupancies shall be a flat fee of $45 as an incentive to promote the continued research and development of this new technology. {Resolution 2001-396. effective lI/20/0I} Master Fee Schedule It -d-I Page 6 Part 11 - Development Chapter X - Building , , , San Diego Area Chapter 4r-r.4-C f-/Mé NT .3 International Conference of Building Officials Proposed BuildIng Valuation Multipliers for 2000-2001 Effective Date - .uly 1, 2000 Present Value Proposed Value " '. Occupancy and Type Per Sq Ft Per Sq FI Percent 1999-2000 2000-2001 Change Apartment Houses . Type lor II-F.R $101.00 $102.00 1.0% Type V or III (Masonry) $82.00 $83.00 12% Type V Wood Frame $76.00 $77.00 1.3% Type I Basement Garage $35.00 $35.00 o.!)% Banks . Type lorll-FH $137.00 $138.00 0.7% Type 111+1our -- - $101.00 $102.00 1.0% Type II-N $98.00 $99.00 1.0% Type 1111-Hour $111.00 $113.00 1.8% Type III-N $107.00 $108.00 0.9% -- Type V 1-Hour $101.00 $102.00 1.0% Type V·N $97.00 $..-"8.00 1.0% Car Washes Type 1111-Hour . $65.00 $65.00 0.0% Type III-N $82.00 $62.00 O.cJ% Type V 1-Hour $55.00 $56.00 1.8% TypeV-N $5t.oo $52.00 2.0% Churches Type I or II-F.R. $92.00 $93.00 1.1% Type 111+1our $69.00 $70.00 1.4% Type II-N $66.00 $66.00 O.!)% Type 1111-Hour $75.00 $76.00 1.3% Type III-N $72.00 $72.00 0.0% Type V 1-Hour $70.00 $71.00 1.4% Type V-N $66.00 $67.00 1.5% Convalescent Hospitals . Typelorll-F.R. $129.00 $130.00 0.8% Type 111-Hour $89.00 $90.00 1.1% Type 1111-Hour $92.00 $93.00 1.1% Type V 1-Hour $66.00 $67.00 1.2% , -1- I (; "dì;;;' July 26. 2000 . . Present Value Proposed Value Occupancy and Type Per Sq Ft Per Sq Ft Percent 1999-2000 2000-2001 Change Dwellings ... Type V PdJbe $113.00 $114.00 0.9% Type V Masonry $90.00 $91.00 1.1% Type V Wood Frame $86.00 $86.00 0.0% " '. Basements (semi-finished) $22.00 $22.00 0.0% Adåoons - Wood Frame $103.00 $103.00 0.0% Solafums . $86.00 $86.00 0.0% Cabaña - Pool house - Type V-N $79.00 $79.00 0.0% Fire Stations Type I or II-F.R. $106.00 $107.00 0.9% Type 111-Hour $70.00 $70.00 0.0% Typell-N $66.00 $66.00 0.0% Type 1111-1-bur $76.00 $77.00 1.3% Type III-N -- $73.00 $74.00 1.4% Type V 1-Hour $71.00 $72.00 1.4% Type V-N $68.00 $69.00 1.5% - Fitness Centers . Type I or II-F.R. $99.00 $100.00 1.0% Type 111-Hour $66.00 $87.00 1.5% Type II-N $63.00 $64.00 1.6% Type 1111-Hour $71.00 $72.00 1.4% Type III-N $68.00 $69.00 1.5% Type V 1-Hour $67.00 $68.00 1.5% Type V-N $63.00 $64.00 1.6% Homes for the Elderly Type I or II-F.R. $96.00 $97.00 1.0% Type 111-Hour $78.00 $79.00 1.3% Type II-N $75.00 $75.00 0.0% Type 1111-1-bur $81.00 $82.00 1.2% Type III-N $78.00 $79.00 1.3% Type V 1-Hour $79.00 $79.00 O.C)"!. TypeV-N $76.00 $76.00 0.0"10 Hospitals . Type lorll-F.R $151.00 $153.00 1.3% Type 1111-1-bur $125.00 $126.00 0.8% Type V 1-Hour $119.00 $120.00 0.8% -2- I (¿, -~3 July 26. 2000 .----- - ~-~~----- . Present Value Proposed Value Occupancy and Type Per Sq Ft Per Sq Ft Percent 1999-2000 2000-2001 Change Hotels & Motels . T¡.pe I or II-F.R $94.00 $94.00 0.0% - T¡.pe 1111+bJr - $81.00 $82.00 12% T ¡.pe III-N $77.00 $78.00 1.3% -, , T ¡.pe V 1-Hoor $70.00 $71.00 1.4% T¡.pe V-N $69.00 $70.00 1.4% Industrial Plants T¡.pe I or II-F.R $53.00 $53.00 0.0% T¡.pe 111-Hour $37.00 $37.00 0.0% T¡.pe II (Stock) $34.00 $34.00 OJ)% T¡.pe 1111+bJr $40.00 $41.00 2.5% T ¡.pe III-N $38.00 $38.00 0.0% U-up $28.00 $28.00 0.0% T¡.pe V 1-Hoor -- $38.00 $38.00 0.0% -- T¡.pe V-N $35.00 $35.00 0.0% Medical Offices . T¡.pe I or II-F.R $111.00 $112.00 0.9% T¡.pe 111-Hour $85.00 $86.00 1.2% T¡.pe II-N $81.00 $82.00 1.2% T¡.pe 1111-Hour $90.00 $91.00 1.1% T ¡.pe III-N $86.00 $87.00 1.2% T¡.pe V 1-Hoor $83.00 $84.00 1.2% T¡.pe V-N $81.00 $81.00 0.0% Offices . T¡.pelorll-F.R. $99.00 $100.00 1.0% T¡.pe 111-Hour $86.00 $67.00 1.5% T¡.pe II-N $63.00 $84.00 1.6% T¡.pe 1111+bJr $71.00 $72.00 1.4% T ¡.pe III-N $68.00 $69.00 1.5% T¡.pe V 1-Hcur $67.00 $68.00 1.5% T¡.pe V-N $63.00 $64.00 1.6% Private Garages Wood Frame - FlIlished $24.00 $24.00 0.0% Wood Frame - Unfinished $23.00 $23.00 0.0% Masonry $25.00 $26.00 4.0% Open Carpcrts $15.00 $16.00 6.7% -3- / (p;"';'-/ July 26. 2000 Present Value Proposed Value Occupancy and Type Per Sq FI Per sq Ft Percent 1999-2000 2000-2001 Change Public Buildings . Type I or II-F.R. $114.00 $115.00 0.9% Type 111+bur $92.00 $93.00 1.1% " Type II-N $68.00 $89.00 1.1% , Type 1111-Hour $..."6.00 $97.00 1.0% Type III-N $93.00 $94.00 1.1% Type V 1-Hour $68.00 $89.00 1.1% Type V-N $85.00 $86.00 1.2% Public Garages . Type I or II-F.R. $45.00 $4ô.00 2.2% . Type I or II O¡::€n Parl<irg $34.00 $34.00 0.0% Type II-N $27.00 $26.00 -3.7% Type 1111-Hour $34.00 $35.00 2.9% Type III-N -- $31.00 $31.00 0.0% Type V 1-Hour $31.00 $32.00 3.2% Restaurants - Type 1111-Hour $90.00 $91.00 1.1% Type III-N $87.00 $68.00 1.1% Type V 1-Hour $83.00 $83.00 0.0% Type V-N $79.00 $80.00 1.3% Schools Type I or II-F.R. $103.00 $104.00 1.0% Type 111-Hour $70.00 $71.00 1.4% Type 1II1-Hour $75.00 $76.00 1.3% Type III-N $72.00 $73.00 1.4% Type V 1-Hour $70.00 $71.00 1.4% Type V-N $87.00 $68.00 1.5% Service Stations Type II-N $62.00 $63.00 1.6% Type 1111-Hour $65.00 $65.00 0.0% Type V 1-Hour $55.00 $56.00 1.8% Cano¡:;ies $26.00 . $26.00 0.0% Stores . Type I or II-F.R. - $76.00 $77.00 1.3% Type 111-Hour $47.00 $47.00 0.0% Type II-N $46.00 $4ô.00 0.0% Type 1111-Hour $57.00 $57.00 0.0% Type III-N $53.00 $54.00 1.9% Type V 1-Hour $48.00 $48.00 0.0% TypeV-N $44.00 $45.00 2.3% Retail Garden Center - Type V-N $36.00 $37.00 2.8% -4- I!Þ';;'S July 26, 2000 ----- ~._-----"'_._._-- Present Value Proposed Value Occupancy and Type Per Sq Ft Per Sq Ft Percent 1999-2000 2000-2001 Change Theatres Type I or II-F.R. $102.00 $103.00 1.0"10 Type 1111-Ha.Jr $74.00 $75.00 1.4"10 '. Type III-N $70.00 $71.00 1.4"10 '. Type V 1-Hcur $70.00 $70.00 0.0"10 Type V-N $66.00 $67.00 1.5% Warehouses .. Type I or II-F.R. $45.00 $45.00 0.0"10 Ty¡:e 111-Hour $27.00 $27.00 0.0"10 Ty¡:e II-N $26.00 $26.00 0.0"10 Ty¡:e 1111-Ha.J~ $31.00 $31.00 0.0"10 Ty¡:e III-N $29.00 $30.00 3.4"10 T y¡:e V Hicur $27.00 $27.00 0.0"10 Ty¡:e V-N -- $26.00 $26.00 0.0"10 EquIpment Air Concm:ming (CommerciaQ $3.80 $3:90 2.6"10 - Air Cord~ioning (Residential) $3.20 $3.30 3.1"10 Spr'rl<Ier Systerrs $2.40 $2.45 2.1"10 Building Valuation Data The valuations shown were formulated by taking the unit cost per square foot and muttiplying n by a regional modifier (1.00) and rounding off to the nearest dollar. This building valuation data is contained in the March-April 2000 issue of the Building Standards Magazine, published by the Intemational Conference of Building Officials. . Add 0.5 percent to the total cost for each story over three. .. Deduct 11 percent for mini-warehouses. ... For subdivisions w~h 10 or more single-family dwellings which have plancheck and building perm~ issuances in groups of 10 or more, the valuation or the plancheck ard building permn fees may be decreased by 10 percent. -5- I (, ,.)~ July 26. 2000 Miscellaneous The following items do not appear in the Standards. The proposed 2000-2001 values increased 1.0% above the previous 1999-2000 values. The values shown are round~d to the nearest $~25, $.50, $1.00, $25.00 or $50.00 where appropriate. ~UTHORITY TO DETERMINE VALUE -1998 Califomia Building Code Section 107.2 The determination of value or valuation under any of the provisions of this code shall be made by the building official. The value to be used in ccmputing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, Present Value Proposed Value Percent 1999-2000 2000-2001 Change ADDmO'JS Additions to any building or 'structure shall be valued at 120% of the value for a new building of the same occupancy and type of.construction. AGRICUL ruRAL BUILDING $17.00 ¡sq.tt. $17.00 ¡sq.tt. 0.00% , .. - . ALUMINUM SIDING $5.00 ¡sq.tt. $5.00 ¡sq.tt. 0.00% ANTENNAS Radio, over 30ft. in height $3,100.00 each $3,125.00 each 0.81% Dish, 1 Oft. dia. w¡deccder $3,750.00 each $3,800.00 each 1.33% AWNING OR CANOPY (supported by building) AUrrirum $18.25 ¡sq.tt. $18.50 ¡sq.ft. 1.37% Canvas $7.75 ¡sq.tt. $7.75 /sq.ft. 0.00% BALCCNY $12.75 ¡sq.tt. $12.75 Isq.ft. 0.00% CLOSE EXTERIOR WALL OPENING $t2.75 ¡sq.tt. $12.75 ¡sq.ft. 0.00% DECKS IY'/ocd¡ $12.75 Isq.tt. $12.75 Isq.ft. 0.00% DEMOLfTlON OF BUILDING $3.50 ¡sq.tt. $3.50 ¡sq.ft. 0.00% FENCE OR FREESTANDING WALL WOOO or Chain Urn $1.75 ¡sq.tt. $1.75 Isq.ft. 0.00% WoOO Frame with Stucco $5.00 ¡sq.tt. $5.00 ¡sq.ft. 0.00% Wre $1.75 ¡sq.tt. $1.75 Isq.ft. 0.00% Masonry $7.75 ¡sq.tt. $7.75 Isq.ft. 0.00% Wrooght Iron $5.00 ¡sq.tt. $5.00 Isq·ft. 0.00% FIREPLACES Concrete or Masonry $3,100.00 each $3,125.00 each 0.81% Prefabricated Metal $2,100.00 each $2,125.00 each 1.19~{' ·6· /~';)1 July 26, 2000 Present Value Proposed Value Percent 1999·2000 2000-2001 Change FOUNDATION ONLY A foundation only permit for a ~tructure shall be valued at 25% of the value of the whole building. The permit for the remainder of the building shall be based upon a value of 75% of the building. · " GREENHOUSE $5.00 Isq.ft. $5.00 Isq.ft. 0.00% INTERIOR PARTITION $43.00 /lin.ft. $43.25 Ilin.ft. 0.58% INSTALL WINDOW OR SUDING GlASS DOOR $13.25 Isq.ft. $13.50 Isq.ft. 1.89% MANUFACTURED HOUSING (25% of value of "s~e-buift" house) $21.50 Isq.ft. $21.50 Isq.ft. 0.00% · PATIO WrxxJ Framew~h Cover -- $7.75 Isq.ft. $7.75 Isq.ft. 0.00"10 Metal Frame with Cover $9.75 Isq.ft. $10.00 Isq.ft. 2.56% WrxxJ Frame - Cover and Walls $11.25 Isq.ft. $11.25 Isq.ft. 0.00"/. Metal Frame - Cover and Walls $12.75 Isq.ft. $12.75 Isq.ft. O.OO"fo- Screen or Plastic Walls $2.75 Isq.ft. $2.75 Isq.ft. 0.00"/. PILE FOUNDATIONS Cast-in-Place Concrete $19.00 Ilin.ft. $19.25 IUn.ft. 1.32% Steel $45.75 Ilin.ft. $46.25 IUn.ft. 1.09% · PlASTERING Inside $2.50 Isq.ft. $2.50 Isq.ft. 0.00"/. OJtside $2.50 Isq.ft. $2.50 Isq.ft. 0.00"/. RELOCATED BUILDINGS (Fee same as for new buildings) RETAINING WALL Concrete or Mason¡y $15.50 Isq.ft. $15.75 Isq.ft. 1.61% · REROOFING (1 square = 100 square feet) Buil-up $118.00 /sq. $119.00 Isq. 0.85% Composition Shingles $110.00 Isq. $111.00 Isq. 0.91% Fœrglass Shingles $110.00 Isq. $111.00 Isq. 0.91% Asbestos-Cement Shingles $260.00 Isq. $263.00 Isq. 1.15% WrxxJ Shingles $260.00 Isq. $263.00 Isq. 1.15"(. WrxxJ Shakes $260.00 Isq. $263.00 Isq. 1.15% Aluminum Shingles $393.00 Isq. $397:00 Isq. 1.02% Clay Tie $329.00 Isq. $333.00 Isq. 1.22% Concrete Tie $279.00 Isq. $281.00 Isq. 0.72% · ROOF STRUCTURE REPLACEMENT $12.75 Isq.ft. $12.75 Isq.ft. 0.00"/. - 7 . jr,...;;;E July 26. 2000 Present Value Proposed Value Percent 1999-2000 2000-2001 Change SAUNAS (Steam) $7,740.00 each $7,800.00 each 0.78% - - SHB.L BUILDINGS .} shell building is defined as a building for which HV AC, lighting, suspended ceilings, plumbing ånd electrical systems, partition layouts and interior finish are not shown on the plans and for which separate tenant improvement plans will be submitted for plan check at a later date showing these items. Warehouses and industrial buildings shall not be considered shell buildings. The valuation for shell buildings shall be taken as 80 percent of the valuation for the completed building. SIGNS AND BILlBOARDS Non-Illuminated Signs and Billboards ROOF SIGN 1 Face $22.75 Isq.ft. $23.00 Isq.ft. 1.10% 2 Face $32.25 Isq.ft. $32.75 . Isq.ft. 1.55% -- WALL SIGN 1 Face $15.50 Isq.ft. $15.75 Isq.ft. 1.61% . - PROJECTING SIGN 1 Face $22.00 Isq.ft. $22.25 Isq.ft. 1.14% 2 Face $32.25 Isq.ft. $32.75 Isq.ft. 1.55% POLE SIGN (Values plus supporting structure) 1 Face $22.75 Isq.ft. $23.00 Isq.ft. 1.10% 2 Face $32.25 Isq.ft. $32.75 Isq.ft. 1.55% BILLBOARDS (Values plus supporting structures) 1 Face $22.75 Isq.ft. $23.00 Isq.ft. 1.10% 2 Face $32.25 Isq.ft. $32.75 Isq.ft. 1.55% Illuminated Signs and Billboards ROOF SIGN 1 Face $3725 Isq.ft. $37.75 Isq.ft. 1.34% 2 Face $52.75 Isq.ft. $53.25 Isq.ft. -0.95% WALL SIGN 1 Face $32.25 Isq.ft. $32.75 Isq.ft. 1.55% PROJECTlNG SIGN - 1 Face $45.50 Isq.ft. $46.00 Isq.ft. 1.10% 2 Face $52.75 Isq.ft. _ $53.25 /sq.ft. 0.95% POLE SIGN (Values plus supporting structure) 1 Face $37.25 Isq.ft. $37.75 Isq.ft. 1.34%-- 2 Face $52.75 Isq.ft. $53.25 Isq.ft. 0.95% -8- /&~.;21 July 26. 2000 - ----.-....-.. ---,,~---- Present Value Proposed Value Percent 1999-2000 2000-2001 Change BILLBOARDS (Values plus supporting structures) 1 Face $37.25 Isq.ft. $37.75 Isq.ft. 1.34% 2 Face $52.75 Isq.ft. $53.25 Isq.ft. 0.95% SUPPORTING STRUCTURE $52.75 /In.ft. $53.25 /In.ft. 0.95% sa..AR Value plus plumbing, electrical, water ard heating $1,400.00 each $1,425.00 each 1.79% -OR- Plan Check Fee One Euilcfing $35.25 each $35.50 each 0.71% Additional building at same location $14.00 each $14.25 each 1.79% -- Building Permit Fee (Per gross floor area of collector) Rrst 100 square feet $0.56 Isq.ft. $0.57 Isq.ft. 1.79% Collector area over 100 sq ft $0.07 /sq.ft. -$0.07 Isq.ft. -0.00% Reinspection Fee $21.00 each $21.25 each 1.19% SPA OR JACUZZI $6,300.00 each $6,400.00 each 1.59% STAIRS $12.75 Isq.ft. $12.75 Isq.ft. 0.00% STONE AND BRICK VENEER $7.75 Isq.ft. $7.75 Isq.ft. 0.00% STORAGE RACKS (per cubic foot) $1.00 /cu.ft. $1.00 Icu.ft. 0.00% SWIMMING POOL (per sq.ft. of surface area) Vinyl Lined $29.50 /sq.ft. $29.75 Isq.ft. 0.85% GAde $32.25 Isq.ft. $32.75 Isq.ft. 1.55%', Fi:Jerglass $35.25 Isq.ft. $35.50 /sq.ft. 0.71% TENANT IMPROVEMENTS (Other) $29.00 Isq.ft. $30.00 Isq.ft. - 3.45% TENANT IMPROVEMENTS (Higher) $41.00 Isq.ft. $41.00 Isq.ft. 0.00% The valuation of tenant improvements shall be based on one of the following: 1. $41.00 for banks, churches, medical offices, restaurants and hazardous "H" occupancies. 2. $30.00 for other Tenant Improvements such as stores and offices. 3. An actual construction cost estimate (See attached form). - 9 - July 26, 2000 I ~ -30 ComparIson The following 4 pages show the comparison of the 1985-1986 valuations to the 2000-2001 valuations and the associated_percent increase for comparison to the 42.2% increase. Base Value Proposed Value Percent " 1965-1966 2000-2001 Change AGRICUL1URAL BUILDING $12.00 Isq.ft. $17.00 Isq.ft. 41.67% ALUMINUM SIDING $3.50 Isq.ft. $5.00 Isq.ft. 42.86% ANTENNAS Radio, over 30ft. in height $2,200.00 each $3,125.00 each 42.05% Dish, 10ft. dia. w/deccder $2,670.00 each $3,800.00 each 42.32% AWNING OR CANOPY (supported-by building) AlJrnrum $13.00 Isq.ft. $18.50 Isq.ft. 42.31% Canvas $5.50 Isq.ft. $7.75 Isq.ft. 40.91% - BALCONY $9.00 Isq.ft. $12.75 Isq.ft. 41.67% CLOSE EXTERIOR WALL OPENING $9.00 Isq.ft. $12.75 /sq.ft. 41.67% DECKS ~cxxf¡ $9.00 Isq.ft. $12.75 Isq.ft. 41.67% DEMOU1l0N OF BUILDING $2.50 Isq.ft. $3.50 Isq.ft. 40.00% FENCE OR FREESTANDING WALL Wood or Chain Lirk $125 Isq.ft. $1.75 Isq.ft. 40.00% Wood Frame with Stu= $3.50 Isq.ft. $5.00 Isq.ft. 42.86% Wife $1.25 Isq.ft. $1.75 Isq.ft. 40.00% Mascnry $5.50 Isq.ft. $7.75 Isq.ft. 40.91% " Wrought Iron $3.50 Isq.ft. $5.00 Isq.ft. 42.86% AREPlACES "- Concrete or Mascnry $2,200.00 each $3,125.00 each 42.05% Prefabricated Metal $1,500.00 each $2,125.00 each 41.67% GREENHOUSE $3.50 Isq.ft. $5.00 Isq.tt. 42.86% INTERIOR PARTmON $30.50 llin.ft. $43.25 Ilin.ft. 41.80% INSTALL WINDOW OR SliDING GLASS DOOR $9.50 Isq.ft. $13.50 Isq.ft. 42.11% '.- MANUFACTURED HOUSING (25% of value of "site-buih" house) $14.50 Isq.ft. $21.50 Isq.ft. 48.28% - 10 - 1~~31 July 26, 2000 .---- .. ----- - ------ --------" Base Value Proposed Value Percent 1985-1986 2000-2001 Change PATlO Woo;j Frame w~h Cover $5.50 Isq.ft. $7.75 Isq.ft. 40.91% - - $7.00 Isq.ft. $10.00 Isq.ft. 42.86% Metal Frame with Cover Wood Frame - Cover and Walls $8.00 Isq.ft. $11.25 Isq.ft. 40.62% " Metal Frame - Cover and Walls $9.00 Isq.ft. $12.75 Isq.ft. 41.67% Screen or Plastic Walls $2.00 Isq.ft. $2.75 Isq.ft. 37.50% PILE FOUNDATIONS Cast-irrPlace Concrete $13.50 /lin.ft. $19.25 l1in.ft. 42.59% Steel $32.50 l\in.ft. $46.25 l\in.ft. 42.31% PLASTERING InSde $1.75 Isq.ft. $2.50 Isq.ft. 42.86% OJtside $1.75 Isq.ft. $2.50 Isq.ft. 42.86% -- RELOCATED BUILDINGS (Fee same as for new buildings) RETAINING WAll.. - Concrete or Masonry $11.00 Isq.ft. $15.75 Isq.ft. 43.18% REROOFING (1 square = 100 square feet) Buil-up $84.00 Isq. $119.00 Isq. 41.67% Compos~ion Shingles $78.00 Isq. $111.00 Isq. 42.31% Fiberglass Shingles $78.00 Isq. $111.00 Isq. 42.31% Asbestos-Gement Shingles $185.00 Isq. $263.00 Isq. 42.16% Woo;j Shingles $185.00 Isq. $263.00 Isq. 42.16% Woo;j Shakes $185.00 Isq. $263.00 Isq. 42.16% Aluminum Shingles $279.00 Isq. $397.00 Isq. 42.29% Clay Tile $234.00 Isq. $333.00 Isq. 42.31% Concrete Tile $198.00 Isq. $281.00 Isq. 41.92% ROOF STRUCTURE REPLACEMENT $9.00 Isq.ft. $12.75 Isq.ft. 41.67% SAUNAS (Steam) $5,500.00 each $7,800.00 éach ,41.82% - 11 - July 26, 2000 / /p - 3;;.. Base Value Proposed Value Percent 1985-1986 2000-2001 Change SIGNS AND BILLBOARDS Non-Illuminated Signs ard Bmboaros ROOF SIGN 1 Face - $16.25 Isq.ft. $23.00 Isq.ft. 41.54% - 2 Face $23.00 Isq.ft. $32.75 Isq.ft. 42.39% " '. WAlL SIGN 1 Face $11.00 Isq.ft. $15.75 Isq.ft. 43.18% PROJECTING SIGN 1 Face $15.60 Isq.ft. $22.25 Isq.ft. 42.63% 2 Face $23.00 Isq.ft. $32.75 Isq.ft. 42.39% POLE SIGN (Values plus supporting structure) 1 Face $16.25 Isq.ft. $23.00 Isq.ft. 41.54% 2 Face 0- $23.00 Isq.ft. $32.75 /sq.ft. 42.39% "- BILLBOARDS (Values plus supporting structures) 1 Face $16.25 Isq.ft. $23.00 Isq.ft. _41.54% 2 Face $23.00 Isq.ft. $32.75 Isq.ft. 42.39% Illuminated Signs and Billboards ROOF SIGN 1 Face $26.50 Isq.ft. $37.75 Isq.ft. 42.45% 2 Face $37.50 Isq.ft. $53.25 Isq.ft. 42.00% WAlL SIGN 1 Face $23.00 Isq.ft. $32.75 Isq.ft. 42.39% PROJECTING SIGN 1 Face $32.35 Isq.ft. $46.00 /sq.ft. 42.19% 2 Face $37.50 Isq.ft. $53.25 Isq.ft. 42.00% POLE SIGN (Values plus supporting structure) 1 Face $26.50 Isq.ft. $37.75 Isq.ft. . 42.45% 2 Face $37.50 Isq.ft. $53.25 Isq.ft. 42.00% BILLBOARDS (Values plus supporting structures) 1 Face $26.50 Isq.ft. $37.75 /sq.ft. 42.45% 2 Face $37.50 /sq.ft. $53.25 /sq.ft. 42.00% SUPPORTING STRUCTURE $37.50 An.ft. $53.25 /1n.ft. 42.00% " . 12 - /~-33 July 26. 2000 " Base Value Proposed Value percent 1985-1986 2000-2001 Change saAR Value plus plumbirg. electrical,_ . water ard healing $1,000.00 each $1,425.00 each 42.50% " '. -OR- PlanCI"eck Fee OneBuildirg $25.00 each $35.50 each 42.00% Additional buildirg at Same loCation $10.00 each $14.25 each 42.50% Building Permit Fee (Per gross floor area of collector) FIISt 100 square feet $0.40 Isq.lt. $0.57 Isq.lt. 42.50% Collector area over 100 sq It $0.05 Isq.lt. $0.07 Isq.lt. 40.00% Reinspeclion Fee $15.00 each $21.25 each 41.67% SPA OR JACUZZi .. . $4,500.00 each $6,400.00 each 42.22% STAIRS $9.00 Isq.lt. $12.75 /sq.lt. 41.67% - STONE AND BRICKVENEER $5.50 Isq.lt. $7.75 Isq.ft. 40.91% STORAGE RACKS (per cubic foot) $0.73 Icu.lt. $1.00 Icu.ft. 36.99% SWIMMiNG POOL (per sq.lt. of surface area) Vinyl Ü1ed $21.00 Isq.lt. $29.75 Isq.lt. 41.67% G.Jn1e $23.00 Isq.lt. $32.75 Isq.ft. 42.39% Fberglass $25.00 Isq.lt. $35.50 Isq.lt. 42.00% TENANT IMPROVEMENTS (Othe0 $20.78 Isq.lt. $30.00 Isq.ft. 44.37% TENANT IMPROVEMENTS (Highe0 $29.09 Isq.lt. $41.00 Isq.ft. 40.94% . - 13 - / {p - 3'1 July 26. 2000 -....---.--.--. Resolution No. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTERS X (BUILDING) AND XIV (PLANNING) OF THE CITY'S MASTER FEE SCHEDULE WHEREAS, the Planning Fees (Chapter XIV) of the City's Master Fee Schedule have remained unchanged since adopted in 1992; and WHEREAS, many factors have increased the cost of providing planning related services in the past twelve years, including expanding development volume and work scope, increases to City staffing, inflation, and higher staff and consultant costs; and WHEREAS, a comprehensive Planning Fee study was recently conducted resulting in recommended fee changes to help the City achieve full cost recovery for planning services provided; and WHEREAS, the amendments to the Chapter XIV of the City's Master Fee Schedule will ensure that applicants pay for the estimated reasonable costs of providing planning services; and WHEREAS, in April 2001, the City Council approved a Building Fee Schedule adjustment but, at that time, staff did not include a copy of the Building Valuation Table to be used as an appendix to the Master Fee Schedule; and WHEREAS, no modifications to the Building Fee Schedule 0 the Building Valuation are proposed at this time; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby adopt amendments to Chapters X and XIV of the City's Master Fee Schedule on file with the City Clerk; BE IT FURTHER RESOLVED, that pursuant to California Government Code section 66017(a), the modifications to Chapters X and XIV of the City's Master Fee Schedule shall become effective sixty days after adoption of this resolution Presented by Approved as to fonn by J. D. Sandoval Director of Planning & Building /?-35 ------ COUNCIL AGENDA STATEMENT ITEM /1 MEETING DATE November 23."2004 ITEM TITLE: Resolution Appropriating $250,000 to the Library Department budget for the purchase of book materials based on unanticipated one-time revenue ftom the SDG&E ftanchise agreement. SUBMITTED BY: Assistant City Manager Palme~ REVIEWED BY: City Managþ (4/5thsVote: Yes~No--> The Chula Vista Public Library has historically been very well used by the community. In FY 2003/04, one million guests checked-out over 1.3 million items. This summer, the Library implemented the new "Marketplace," service model in an effort to better serve our public. This model has proven to be very successful but is also presented some challenges. The community's demands and expectations for books now exceed our available resources. RECOMMENDATION: That the City Council appropriate $250,000 to the Library's services and supplies budget for the purchase of book materials based on unanticipated one-time revenue ftom the SDG&E ftanchise agreement. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: Recently, the Library implemented the new "Marketplace" model at the Civic Center branch, designed to enhance customer service by offering more copies of the most popular books and more current titles. The Marketplace has allowed library guests to browse newer and popular materials, while staff on the floor answers questions and provides enhanced customer service. Our guests have responded enthusiastically, with an outstanding 14% increase in circulation in the first week of implementation. Although, the public has loved the new service model, they have commented on the age and condition of the books in the Library's collection. Budget constraints over the past three years have prevented the Library ftom replacing old and out dated materials. Therefore, the Library intends to use the vast majority of this augmentation for retrospective collection development. In other words we will be buying the titles we missed over the past few years because we could not afford purchasing them, replacing missing and worn out volumes, and filling in the subject and genre gaps. The remainder of this augmentation will be used to ensure successful implementation of the marketplace service model at South Chula Vista, which we intend to implement by early spring. FISCAL IMP ACT: This one-time expenditure for Library book materials in the amount of $250,000 will be offset ftom the unanticipated one-time revenue ftom the SDG&E ftanchise agreement. /7-1 .-.-------'..-.-..--- --"-'-"--- RESOLUTION NO. 2004- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $250,000 TO THE LIBRARY DEPARTMENT BUDGET FOR THE PURCHASE OF BOOK MATERIALS BASED ON UNANTICIPATED ONE- TIME REVENUE FROM THE SDG&E FRANCHISE AGREEMENT WHEREAS, the Chula Vista Public Library has historically been very well used by the community; and WHEREAS, recently, the Library has implemented the new "Marketplace" model at the Civic Center branch designed to enhance customer service by offering more copies of the most popular books and more current titles; and WHEREAS, the community's demands and expectations for books now exceed our available resources; and WHEREAS, budget constraints over the past three years have prevented the Library ftom replacing old and outdated materials. The Library intends to use the vast majority of this augmentation for retrospective collection development; and WHEREAS, the remainder of this augmentation will be used to ensure successful implementation of the marketplace service model at South Chula Vista by early spring. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby adopt the resolution appropriating $250,000 to the Library Department budget for the purchase of book materials based on unanticipated one-time revenue ftom the SDG&E Franchise Agreement. Presented by Approved as to form by . i~~x C'í\~ \í\Ç\.{~\~ '- , David Pahner Ann Moore Assistant City Manager City Attorney J:Attorney/Reso/Financelone-time budget augmentation J Î 'd- o __..__..__.".__.,..,.___._.._~__ Item: 16 Meeting Date: 11/23/2004 COUNCIL AGENDA STATEMENT ITEM TITLE: RESOLUTION Approving the addition of 4 Animal Care Assistants, 2 Office Specialists, and adding a new position of .5 Veterinarian for the Chula Vista Animal Care Facility and appropriating funds from the available balance of the general fund. SUBMITTED BY: Chief of POIiC~ REVIEWED BY: City ManagerQ (415ths Vote: Yes.JL No _ ) Council's approval of tonight's agenda will add needed staffing for the Animal Care Facility. With the increase in the physical size of the facility, and the continuing increase in the numbers of animals processed in the facility, staff recommends additional staff to deal with this growth. This resolution will establish the new position of Veterinarian, add 4 Animal Care Assistants and 2 Office Specialists and amend the FY 2005 Police Department budget by appropriating $150,861 from the available balance of the general fund. RECOMMENDATION: That Council approves the resolution adding 4 Animal Care Assistants, 2 Office Specialists, and adding a new position of .5 Veterinarian for the Chula Vista Animal Care Facility and appropriating funds from the available balance of the general fund. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: Backaround In July of 1997, the City Council approved several resolutions authorizing additional staffing and construction of a new animal care facility. Due to the growth of the City and the age of the old facility, there was considerable discussion about the City's ability to maintain appropriate animal care services to the citizens of Chula Vista. With Council's approval, the City was able to vastly improve the animal care services for its citizens. The new animal care facility is a significant improvement over the old facility. At nearly twice the size, the facility is able to house a steadily growing population of animals in Chula Vista. /g-/ ------ ..-._---_._-~-~_... Item: /S Meeting Date: 11/23/2004 FORMER FACILITY CURRENT ANIMAL CARE FACILITY 690 Main Street 130 Beyer Way Prior to October 2002 October 2002 to Present Chanqe CITY POPULATION 156,000 (Jan. 1997) 209,000 (Jan. 2004) +34% ESTIMATED ANIMAL 76,090 (Jan. 1997) 96,482 (Jan. 2004) +27% POPULATION' FACILITY SIZE .9 acres 1.7 acres +88% The CVACF was expanded in anticipation of the future growth of Chula Vista. With a 34% change in population to date, this expansion of the facility came at the right time. The estimated animal population also kept pace with the city's population. It is estimated that at build out, the city will have a pet population of well over 147,000 pets. This will represent an approximate 93% increase in pet population from when the new CVACF was constructed. FORMER FACILITY CURRENT ANIMAL CARE Prior to October 2002 FACILITY October 2002 to Present Chan e FACILITY CAPACITY 121 animals 275+ animals +127% 71 112 +58% ....?~_________________ 71:..___________~_ _._....__+E?~o 12 18 +50% 6 18 +200% 6 15 +150% The capacity of the new facility for animals has grown significantly as well. With this growth in size, the facility has seen a significant increase in the average daily inventory of animals and has been able to hold animals longer. There are now also specialized cages for a variety of animals that couldn't be held in the previous facility including medical isolation, cages for animals that are first brought in (receiving cages), reptiles and other livestock. These cages were not present in the old facility due to space limitations. These additional cages not only add to the total number of animals that can be housed at the CVACF, but they also add to the complexity of care, especially the reptile room and livestock 1 Animal Populations based upon the Humane Society of the United States calculations as published in "Animal Control Management" by Geoffrey L. Handy, ICMA publications 2001. These calculations are based upon national pet ownership averages per househoid. Chula Vista household figures based upon California Department of Finance estimates. / g-;Þ Item: if; Meeting Date: 11/23/2004 barn. The reptile room houses various snakes, lizards and other reptiles that require very specialized care and feeding. The livestock barn can house a variety of animals like sheep, goats, pigs and other small to medium livestock. FORMER FACILITY CURRENT ANIMAL CARE Prior to October 2002 FACILITY October 2002 to Present Change AVERAGE DAILY ANIMAL 98 300 +206% INVENTORY KENNEL STAFF to 1/30 1/100 +233% ANIMAL RATIO ANIMAL IMPOUNDS 2001: 6,136 annual total FY 2004: 7,553 annual +23% 511 monthly average 629 monthly average +23% HOLDING PERIOD - Dogs: 9 days Dogs: 31 days IMPOUNDED +245% ANIMALS Cats: 8 days Cats: 41 days +413% With the increase in capacity, the average daily animal inventory rose significantly. The impound rate rose in proportion with the increase in animal population, but due to the increased efforts to adopt animals rather than euthanize, the average daily inventory grew significantly. This increased effort at adoption meant that animals were held in inventory much longer than in the past. This has had a significant impact on the staffing of the facility as the staffing size was based upon old holding period times and animal inventories. FORMER FACILITY CURRENT ANIMAL CARE Prior to October 2002 FACILITY October 2002 to Present ChanQe EUTHANASIA RATE Dogs: 48% Dogs: 21% -56% Cats: 72% Cats: 50% -31% ADOPTIONI Dogs: 46% Dogs: 61% 33% REDEMPTION RATE Cats: 21% Cats: 14% -50% Due to the increased facility size, the CVACF was able to concentrate on the adoptions of animals since the facility was able to hold more animals for longer periods of time. Because the CV ACF can hold more animals for longer periods of time, this has had a significant impact on the euthanasia rate and adoption/reclamation rates. The increased efforts at adoption netted a 56% decrease in the number of dogs euthanized and a 31 % decrease in the number of cats euthanized. The percentages above do not add up to 100% due to deaths of animals while in care or for animals moved to other locations for adoption. 1'0 - '3 Item: 18 Meeting Date: 11/23/2004 Dog Disposition 70 60 50 Percentage of 40 Animals 30 20 10 0 Adopt Other Disposition of Animal 11II New Facility II Old Facility Cat Disposition 80 60 Percentage of 40 Animals Adopt Other 11II New Facility Disposition of Animal II Old Facility Both charts above show the significant reductions in the numbers of euthanasia's performed at the CVACF. The "Other" column represents the number of animals that either died while in the facility or that were transferred out of the facility to private animal shelters. The number of animals that die while in the CVACF is negligible, hence most of the "other" column are animals that have been transferred to other facilities. /8-tf Item: IS Meeting Date: 11/23/2004 CURRENT VOLUME The monthly incoming animal average is 629 for fiscal year 2004. This reflects a 23% increase in the monthly incoming rate compared to the average monthly rate of incoming animals processed at the former facility (from 511 to 629 intakes per month). For calendar year 2003, the CVACF received 7,765 animals into the facility. The projected number of incoming animals for calendar year 2004 is 8,343. This would represent a 7.5% increase in animals received. The disposition of incoming dogs/cats in the new facility for calendar year 2003 indicate that on average, 61% of incoming dogs are either reclaimed by their owners or adopted. The euthanasia rate for dogs is 21%. For the same period, 14% of incoming cats were either reclaimed by their owners, or adopted. The euthanasia rate for cats is 50% (which is down from 1997's rate of 72%). The overall euthanasia rate for dogs and cats has decreased from 61.5% (over a 5 year period) in the former facility to just 36% in the new facility. STAFFING Since building the new facility, no new kennel staff has been added to handle the significant increase in the number of animals being processed in the new facility. In 2002, the task of animal licensing was transferred from the Finance Department to the CVACF. As a result, one Sr. Office Specialist was transferred to the CVACF to process the licensing program. A part-time Animal Services Specialist was added in FY 2004 because of the significant increase in the number of adoptions from the CVACF. As a result of animal care contract negotiations, one Animal Control Officer was added in FY 2000 and a .25 Animal Care Assistant was added in FY 2001. These positions were added to handle the contract cities' animal volume and not to supplement Chula Vista's animal volume. The facility is currently staffed as detailed below. The highlighted areas reflect where proposed changes are needed at this time to deal with the growth of the facility and the number of animals processed. /g-5 -----..------..---. ....,,"-_._-- ,-------.------ Item: 1& Meeting Date: 11/23"/2004 CHULA VISTA ANIMAL CARE FACILITY CURRENT AUTHORIZED STAFFING · I Animal Care Mgr (1.0) I I I Animal Control Officer (6.0) I Senior Office Specialist (1.0) Animal Care Assistants (3.5) Office Specialist (2.43) (Full Time Benefited 2) (Temporary, No Benefits .43) · Registered Vet. Tech. (1.0) I Animal Services Specialist (0.5) The current staffing for the CV ACF is one of the lowest in the county for comparable shelters. The graph below details staffing levels vs. yearly animal impounds at animal care facilities countywide. · SAN DIEGO COUNTY COMPARATIVE STAFFING, JAN 2003 80 10,000 _Total Staff 70 -+-Vearly Impounds 9,000 8,000 60 '" 7,000 -g :t:: :;¡ 19 50 0 · en 6,000 ~ - 0 5,000 ~ Q) 40 .0 "i:: E 4,000 « :;¡ 30 Z >. 3,000 t;¡ 20 Q) >- 2,000 10 1,000 0 0 -'¡\"'~ i\o<:< >.\<:<~ >.\<:<~ >.\<:<~ "'~~ c¿,o"· c¿,o"· · ,8.?> 0° cP cP cp CP'z,: ., ., c,'Ç< c¿,0' ~è ~o· 'r'o0 ~?><:< ~?><:< c,.,<:< ~?><lP ~ y..Y> Ò y..Y> '" ,,¡?>~ ~ooG y.."\"<:< /~~~ Item: 19; Meeting Date: 11/23/2004 Of particular note in the previous graph are the County of San Diego staffing levels among their three shelters (South, Central and North County facilities). They are comparative in terms of size and numbers of animals impounded per year. Yet they maintain staffing levels between 3 to 7 times that of CVACF. San Diego Humane Society and Helen Woodward Humane Society are private shelters with significant funding levels. The City of Coronado's shelter is not listed, as they do not provide any public service other than intake of animals. Their animals are sent to a private organization for adoption. For the CVACF, the ratio of animals impounded to the number of Animal Care Assistants is the highest in the County. Animal I"rype of rt'early !care Impounds per Facilitv Name !facilitv impounds IAsst. Kennel staff CHULA VISTA MUN 7,765 5.5 1411.81 EL CAJON MUN 2,589 3 863.00 S. COUNTY MUN 9,417 12 784.75 CENT. COUNTY MUN 9,417 13 724.38 N. COUNTY MUN 9,417 13 724.38 RANCHO COASTAL Hu.Soc 1 ,439 9 159.89 SD HUMANE Hu.Soc 4,665 12.5 373.20 HEL. WOOD Hu. Soc 1,528 13 117.54 These ratios demonstrate the volume of animals that are handled at each agency and the numbers of animals handled per kennel staff. KENNEL STAFFING Since the opening of the new CVACF, the number of animals that are being processed through the facility has increased 23%. This increase has put a significant strain on staff's ability to provide adequate day-to-day cleaning and care of the animals. On average, it takes 10 minutes to do a basic cleaning/feeding of each of the dog kennels and 5 minutes to do a basic cleaning/feeding of each cat cage. Under this assumption, it takes Animal Care Assistants (in the current staffing) 6 hours to clean the dog kennels and 5 hours to clean the cattery. 2 Includes 4 part-time temporary staff recently hired. / '6 ~1 ~"~'-~'..._.._..- _."'.~'._~ Item: 111 Meeting Date: 11/23/2004 Along with the cleaning of the kennels and cattery, the Animal Care Assistants are also responsible for interactions between the animals and the public looking to adopt an animal. This interaction time can last from 20 minutes up to a full hour. It is important that the Animal Care Assistants supeNise this interaction in case there is a problem between the customer and the animal. This interaction cannot go unsupeNised in case of an animal becoming aggressive. The significant workload on the Animal Care Assistants has been partially mitigated through the hiring of temporary staff to assist with the cleaning and care of the animals and the use of volunteers. However, temporary staff and volunteers only provide very short-term solutions to the staffing problem when they are available to work. Although volunteers provide a valuable seNice and do excellent work for the CVACF, they do not function at the same level as a full- time employee nor is there sufficient continuity in work schedules. This staffing level makes it difficult to perform a once a week full disinfectant cleaning of all the cages to control diseases such as Canine Distemper and Feline Panleukopenia which pose significant threats to the animal population in a animal care facility. These full disinfectant cleanings take significantly more time to accomplish, as they require applying disinfectant and steam cleaning of the cages. As it stands now, the CVACF only performs these cleanings once or twice a month (as staffing levels permit). The San Diego Human Society recommends that this level of cleaning be performed at least once a week in order to control disease. Animal Care Assistants also assist in the front office when taking in animals that are relinquished to the CVACF and with the adoption process. They also assist the veterinarian in administering medicine to sick or injured animals. The current staffing is further strained if a staff member calls in sick or goes on vacation. It is not uncommon for Animal Control Officers or office staff to assist with the care and feeding of the animals. The Humane Society of the United States recommends a kennel staff of between 11 and 14 Animal Care Assistants to perform all the duties required for an animal care facility of the size of CVACF. Because of the design of the facility and the operating procedures that have been implemented, it is feasible to perform these duties with 7 full-time Animal Care Assistants. Due to the number of animals processed at the CVACF, and the time required to feed, care and clean the animals, it is recommended that 4 full-time benefited Animal Care Assistants be added. This increase in kennel staffing will provide adequate staffing to tend to the basic care/feeding of the animals, the proper supeNision of public interactions with the animals and the enhanced disease control for the facility. /?~y Item: IS Meeting Date: 11/23/2004 FRONT OFFICE OPERATIONS Currently, the front office of the CVACF is responsible for answering inquiries both at the front counter and over the telephone. They are responsible for the input of dog licensing information. In addition, the front counter staff processes animals for adoption and animals that are brought to the CVACF for relinquishment. LicensinQ A Sr. Office Specialist currently processes the dog licensing which includes receiving dog license applications, insuring that the application is completed correctly, contacting the dog owner if the application is not filled out correctly, sending out renewal notices, inputting renewal information into the computer, stuffing and sealing envelopes, and tracking incoming license fee's. Currently, the Sr. Office Specialist is responsible for the processing of more than 12,000 active dog licenses in Chula Vista. This processing takes approximately 75% of the Sr. Office Specialist's time each week. And with the added duty of covering the front counter during operating hours, this leaves very little time for this position to offer support for the Animal Control Manager. Public Contact Positive public contact at the CVACF is of paramount importance. Currently the office staff of 2.43 FTE Office Specialists3 shares in the various duties of staffing the front counter. It is estimated that the CVACF receives on average 50 front counter contacts per day. The average counter contact lasts 20 minutes on average (including processing of adoptions). This equates to 6 hours of public contact per office specialist each day. Phones Staff answers phone calls that are not handled by the automated attendant featu re of the City's phone system. This automated attendant features information regarding frequently asked questions such as direction, hours of operation, fees, and other frequently asked questions. Those calls that cannot be answered via this system are forwarded to the front counter. Through an analysis of phone records, staff answers upwards of 150 incoming calls per day. In addition, staff averages about 100 outgoing calls per day. This equates to nearly 4 hours of phone work per day for each Office Specialist. Overall, the amount of time required to minimally address the workload issues of the front counter equate to 10 hours a day per Office Specialist. This is partially mitigated by the Sr. Office Specialist and Animal Care Assistant's help at the 32 full time benefited position and.43 temporary non-benefited positions. /l--1 _ _____"____._________~___'__m"_.__ Item: 15 Meeting Date: 11/23/2004 front counter. This workload per Office Specialist is further strained when one is on vacation or calls in sick. As a result of the significant workload, Staff recommends the addition of 2 full- time benefited Office Specialists to handle the current and future work-load of the front counter and licensing operations. SHELTER MEDICINE Shelter medicine is a recognized veterinary specialty. The "herd health" concept applied to animal shelters is the only approach to enhance the physical condition of the entire population of the shelter. This concept looks at the health of the entire animal population within the facility and seeks to immediately identify diseases that could spread to the entire animal population of the facility. Population medicine (epidemiology) is the assessment of the host, agent and environment in the animal disease process. This is only possible with an on-site Veterinarian assessing ongoing sanitation, management, and preventive medicine programs. In the past, the CVACF contracted with a local veterinarian to provide medical treatment of the animals. However, this contractual relationship does not provide the necessary level of medical care to a modern animal care facility. The contract veterinarian would only occasionally be on sight to do individual assessments, and animals were sent to the veterinarian for treatment. This does not meet the need for a modern animal care facility and the "herd health" concept of veterinary medicine. As part of the construction of the new facility, a $20,000 veterinary medical suite was built in anticipation of performing medical surgeries on site. Since the current CVACF Manager is a licensed veterinarian, the CVACF Manager provides most of the basic veterinary medicine, spay and neuters and basic surgeries for the facility with assistance from a Registered Veterinary Technician and Animal Care Assistants. On average, this takes on average about 25 hours per week to perform, not including any emergencies. This results in a significant impact on the CVACF Managers ability to supervise the rest of the facilities operation. The CV ACF Manager consistently works nights and weekends to "catch up" with workload that could not be addressed during the course of a routine day. An on-site Veterinarian is critically needed at the CVACF in order to quickly diagnose disease among the animal population that is always a serious threat. Moreover, the addition of a Veterinarian would allow the CVACF Manager to redirect the time previously spent on veterinarian duties to that of full supervision of the CVACF. Having an on sight veterinarian should reduce the cost of care to the animals because of the availability of the on sight surgical suite plus the enhanced ability I~ ~/O Item: 10 Meeting Date: 11/23/2004 to isolate and treat communicable diseases before they spread to the rest of the animal population. Staff recommends the addition of a .5 Veterinarian to provide consistent and quality veterinary services. The salary for the Veterinarian will be $80,000 per year4 and this position will belong in the mid-management bargaining group. The effective starting date for this position will be 1/07/2005. The cost of this position will be partially offset by $19,000 savings from the cost to contract out these services. SUMMARY The CVACF has undergone significant changes over the last 7 years since the last full report to Council. With the additional size of the new facility, the rapid growth of the City and the increase in animals processed through the facility, the CVACF requires additional staffing to maintain safe and healthy operations. FISCAL IMPACT The fiscal impact of adding these positions is as follows: FY06 Personnel Services $373,694 S ecialized Services -$19,000 Total General Fund 1m act $354,694 From FY 2002 to FY 2003, the CVACF revenues had been increased by 32% which is attributable to the increased numbers of animals processed through the shelter. It was again increased in FY2004 another 10% and again in FY 2005 another 13%. These revenues included contract increases and new revenues, but were mostly growth oriented. The cost of these positions will be funded from the unappropriated balance of the general fund. 4 This salary is based upon a full-time position. Salary will be prorated based upon hours worked. /1 -II ---,----~ ...,-..--.".. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ADDITION OF 4 ANIMAL CARE ASSISTANTS, 2 OFFICE SPECIALISTS, AND ADDING A NEW POSITION OF .5 VETERINARIAN FOR THE CHULA VISTA ANIMAL CARE FACILITY AND APPROPRIATING FUNDS FROM THE AVAILABLE BALANCE OF THE GENERAL FUND. WHEREAS, a new modern Animal Care Facility was completed in Chula Vista in October 2002; and WHEREAS, the Chula Vista Animal Care Facility has experienced significant growth in the numbers of animals processed through the facility; and WHEREAS, this increase in animal numbers has created workload issues for kennel care staff and the Animal Care Manager; and WHEREAS, the addition of 4 Animal Care Assistants, 2 Office Specialists and 1 part-time on-staff veterinarian will properly address the increased workload at the Chula Vista Animal Care Facility; NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby adopt the resolution to establish the new position of Veterinarian, add 4 Animal Care Assistants and 2 Office Specialists and amend the FY 2005 Police Department budget by appropriating $150,861 from the available balance of the general fund. Presented by: Approved as to form by: Richard P. Emerson 7:;::;~ Police Chief City Attorney IF -/;3- -._-_._~._-'"'--- COUNCIL AGENDA STATEMENT Item: f4 Meeting Date: 11-23-04 ITEM TITLE: Resolution of the City Council of the City of Chula Vista amending the Planning and Building Department's FY05 Budget to add a Senior Planner and amending the City Attorney's Office FY05 Budget to add a Deputy City Attorney II and a Legal Assistant, and appropriating funds therefore ftom the available balance of the general fund. SUBMITTED BY: Director of Planning and Building;J~ . City Attorne~ REVIEWED BY: City Manage(JJ (4/Sths Vote: Yes x.. No--> SUMMARY: In 2003 City Council authorized additional staff for the Planning and Building Department to expand the Code Enforcement Program to include proactive enforcement. The Code Enforcement Program was subsequently expanded to include inspections of apartments, motels, mobilehome parks and proactive inspections of designated commercial areas. These expanded programs have resulted in a significant increase in requests for technical support ftom the Planning Division and the City Attorney's Office. This action will authorize the addition of a Senior Planner in the Planning Division and a Deputy City Attorney II and Legal Assistant in the City Attorney's Office to respond to the increased workload. RECOMMENDATION: It is recommended that the City Council; (a) adopt the resolution adding one new Deputy City Attorney II to prosecute Code Enforcement cases and serve as legal advisor to the Code Enforcement Section and one Legal Assistant to support the increased workload, and amend the Fiscal Year 2005 budget of the City Attomey by appropriating $ 92,293 to the personnel services budget $9,213 to the supplies and services budget, and $6,000 to the capital budget of the City Attorney's office ftom the available balance of the General Fund and, (b) adopt the resolution adding one Senior Planner to advise the Code Enforcement Section in Planning and Zoning issues and assist in program development and community outreach and amend the Fiscal Year 2005 budget of the Planning and Building Department by appropriating $44,400 to the personnel services budget of the Planning and Building department, $4,125 to the services and supplies budget, and $6,000 to the capital budget ftom the available balance of the General Fund. jq-I ~._m ,~____.___,,_...._______'__ ---..............--- · BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: A successful Code Enforcement program is critical to the long-term interests of the City and its citizens. Effective code enforcement activities can improve our quality of life, · prevent or limit neighborhood deterioration, or even act as an agent of change in promoting "private redevelopment". In October of 2003, the Planning and Building Department hired additional Code Enforcement staff to embark upon an enhanced code enforcement program utilizing proactive enforcement techniques. While the Code Enforcement Section continues to respond to individual citizen complaints, major emphasis IS now placed on identifying specific enforcement needs III entire neighborhoods and then addressing those needs on a neighborhood level. Over the past 18 months the Code Enforcement Section has implemented three major proactive programs, the Community Improvement Program, the Motel and Apartment inspection program and the Mobilehome Park Inspection Program. These programs have made an · immediate positive impact in many of our western neighborhoods. The early success is encouraging, however, it has also identified additional program needs that are critical to the long-term success of code enforcement in the City of Chula Vista. In the process of conducting these programs Code Enforcement staff has generated hundreds of new cases, many with complex planning issues involving the continuation or expansion of nonconforming uses and structures. While Code Enforcement staff will resolve most of these cases through voluntary compliance, traditionally, 10 percent of all code enforcement cases cannot be resolved via voluntary compliance. This tough ten percent typically require the use of complex administrative remedies, civil injunctions, or criminal prosecution to obtain compliance. Currently, there are approximately 20 of these cases being held by Code Enforcement. We expect this number to increase and remain constant as the Community Improvement Program and the Motel and Apartment Inspection Programs progress and new complaint cases are added to our workload. In addition, State law limits the remedies available to cities conducting code enforcement within Mobilehome parks. In most of these cases, any enforcement action beyond a standard Notice of Violation must be pursued through the civil courts, instead of being prosecuted and adjudicated administratively. In other words, the Deputy City Attomey assigned to code enforcement will have to spend many more hours preparing for and appearing in court - which, in turn, would pull the deputy off other important City projects. Currently the City Attorney's Office allocates part of a Deputy City Attorney II position to work on Code Enforcement cases. This level of support was adequate for traditional complaint based code enforcement activities but was easily overwhelmed once the proactive programs began. In conjunction with these new code enforcement initiatives, the City's continued rapid growth has also contributed to a significant increase in the ¡q#'). overall workload of this Deputy City Attorney position. A dedicated full-time Deputy City Attorney position is needed in order to maintain an efficient and effective Code Enforcement program. A legal assistant will be required to provide clerical support for the new attorney position. Currently, the office has 3 legal assistants and 1 executive secretary. Each assistant provides support for 2 attorneys. Two members of the support staff are also certified paralegals. However, they are unable to provide paralegal assistance due to their current workloads. The addition of another legal assistant will allow the office to reorganize support staff duties to maintain the current level of clerical support, but also allow the paralegals to provide valuable legal research and writing support. In addition to the need for a full-time Deputy City Attorney, these new programs have also revealed the need for an experienced planning professional to assist Code Enforcement with code interpretations, especially in relation to the historic application of zoning codes in western Chula Vista. Many of the targeted properties in western Chula Vista have been developed over many years, under several different zoning designations. Determining which uses have vested nonconforming rights has become a complex investigative process. For instance, many of the businesses with code violations in southwestern Chula Vista were established when the area was under the County's jurisdiction. Researching the zoning ordinance changes of two different jurisdictions over the course of many decades can be a very time consuming process. Code Enforcement staff needs a Senior Planner, with expertise in zoning and historic development patterns, to assist in making determinations concerning nonconforming rights. The Senior Planner will also assist in developing a policy outlining which regulations to apply to properties developed under prior zones or prior jurisdictions and be an integral part of the Code Enforcement Program's community outreach program. FISCAL IMPACT: Approval of this resolution will add a Deputy City Attorney II, a Legal Assistant, and a Senior Planner to support the expanded Code Enforcement Program. Approval will necessitate amending the City Attorney's Office budget by appropriating $65,946 ftom the personnel services for the Deputy City Attorney II position and $26,347 for the Legal Assistant position for a total cost of $92,293 for FY 05. Approval of the resolution will include an appropriation for a one-time start up cost of $9,213 for the City Attorney's supplies and services budget, and an appropriation ftom the capital budget of $6,000. The ongoing cost of the Deputy City Attorney II position is $195,841 for the personnel services budget and $5,088 for supplies and services. The ongoing cost of the Legal Assistant position is $57,963 for the personnel services budget. Additionally, approval of this resolution will necessitate amending the Planning and Building Department budget by appropriating $44,000 for personnel services, $4,125 for supplies and services, and $6,000 for capital. The ongoing cost for the Senior Planner position is $88,000. Both of these appropriations would come ftom the available balance of the General Fund. J:\Attomey\SharonM\Council Action\Code Enforcement Deputy Agenda Statement /q,,3 --... · RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF · CHULA VISTA AMENDING THE PLANNING AND BUILDING DEPARTMENT'S FY05 BUDGET TO ADD A SENIOR PLANNER AND AMENDING THE CITY ATTORNEY'S OFFICE FY05 BUDGET TO ADD A DEPUTY CITY ATTORNEY II AND A LEGAL ASSISTANT, AND APPROPRIATING FUNDS THEREFORE FROM THE AVAILABLE BALANCE OF THE GENERAL FUND. · WHEREAS, City Council authorized additional staff for the Planning and Building Department's Building Division to expand the Code Enforcement Program to include proactive code enforcement; and WHEREAS, the Code Enforcement Program was subsequently expanded to include inspections of apartments, motels, mobile home parks and proactive inspections of commercial areas; and WHEREAS, the Code Enforcement Program expansion has resulted in a significant increase in requests for technical support ftom the Planning Division and the City Attorney's Office; and · WHEREAS, staff recommends the addition of one Senior Planner position to the Planning & Building Department FY05 budget, Deputy City Attorney II position and one Legal Assistant position to the City Attomey's Office FY05 budget to respond to this increased workload; and. NOW, THEREFORE BE IT RESOLVED THAT the City Council of the City of ChuIa Vista does hereby amend the Planning and Building Department's FY05 budget by adding a senior planner position and adding $54,125 ftom the available balance of the General Fund. · /Cj.,'-/ BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby amend the City Attorney Office's FY05 budget by adding a Deputy City Attorney II position and a Legal Assistant position adding $107,506 ftom the available balance of the General Fund. Presented by Approved as to form ~"C""S\ ~\~\\ J.D. Sandoval Ann Moore Acting Planning and Building Director City Attomey J:\AttorneylReso DCA & SP ¡q-s "."------------