HomeMy WebLinkAbout2006/12/19 Agenda Packet
I declare under penalty of perjury that I am
employed by the City of Chula Vista in the
Office of the City Clerk and that I posted thi,
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OlY OF
CHULA VISfA
Cheryl Cox, Mayor
Rudy Ramirez, Council member Jim Thomson, Interim City Manager
John McCann, Councilmember Ann Moore, City Attorney
Jerry R. Rindone, Councilmember Susan Bigelow, City Clerk
Steve Castaneda, Council member
December 19, 2006
6:00 P.M.
Council Chambers
City Hall
276 Fourth Avenue
CALL TO ORDER
ROLL CALL: Councihnembers Castaneda, McCann, Ramirez, Rindone, and Mayor Cox
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
.
PRESENTATION OF THE 35TH ANNUAL BOTTERMAN AWARD TO MR. GARY
SAUER BY THE CHULA VISTA HUMAN RELATIONS COMMISSION
CONSENT CALENDAR
(Items I through 13)
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 immediately following the Consent Calendar.
I. WRITTEN COMMUNICATIONS
Letter of resignation from Matthew Waters, member of the Growth Management
Oversight Commission.
Staff recommendation: Council accept the resignation and direct the City Clerk to post
the vacancy in accordance with Maddy Act requirements.
2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A CONTRACT WITH IRON MOUNTAIN INFORMATION
MANAGEMENT, INC. FOR THE LONG-TERM STORAGE OF CITY RECORDS
Adoption of the resolution approves a contract for the long-term storage and related
records management services related to the City's inactive and permanent records. (City
Clerk)
Staffrecommendation: Council adopt the resolution.
3. ORDINANCE OF THE CITY OF CHULA VISTA INCREASING THE SPEED LIMIT
ON OLYMPIC PARKWAY BETWEEN THE INTERSTATE 805 NORTHBOUND
RAMPS AND BRANDYWINE AVENUE FROM 35 MPH TO 45 MPH (SECOND
READING)
Adoption of the ordinance establishes the speed limit based on the results of a speed
survey and pursuant to the authority under Municipal Code Section 10.48.020. This
ordinance was introduced on December 12, 2006. (City Engineer)
Staff recommendation: Council adopt the ordinance.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE GRANT OF EASEMENTS, LICENSE AND MAINTENANCE
AGREEMENT FOR CHULA VISTA TRACT NO. 02-03, MCMILLIN OTAY RANCH
VILLAGE SIX, NEIGHBORHOOD R-IO AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
Adoption of the resolution approves the perpetual maintenance of the landscaping within
the right-of-way for McMillin Otay Ranch Village Six, Neighborhood R-IO by the
Treviana at Lomas Verdes Homeowner Association. Neighborhood R-lO is a
condominium project consisting of212 residential units located west ofSR-125 and east
of Magdalena Avenue. (City Engineer)
Staffrecommendation: Council adopt the resolution.
5. ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING A CITY COUNCIL
POLICY REGARDING REIMBURSEMENT OF EXPENSES INCURRED BY
LEGISLATIVE BODY MEMBERS (FIRST READING)
California State legislation, effective January I, 2006, required cities to adopt a written
policy regarding expense reimbursements paid to elected and appointed officials. The
legislation provisions specifically apply to charter cities. Adoption of the proposed
ordinance satisfies the requirements of the legislation. (City Attorney)
Staff recommendation: Council place the ordinance on first reading.
Page 2 - Council Agenda
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December 19, 2006
6. REPORT REGARDING THE DEVELOPMENT IMPACT FEE, PARK ACQUISITION
AND DEVELOPMENT FEE, AND TRUNK SEWER CAPITAL RESERVE FUNDS
FOR THE FISCAL YEAR ENDED JUNE 30, 2006
State Government Code Section 66000 requires local agencies assessing Development
Impact Fees and sewer capacity charges to make available specified financial data to the
public each fiscal year. Staff has also included the report on Parkland Acquisition and
Development fees for ease of reference and convenience to the public. (Finance
Director)
Staff recommendation: Council accept the report.
7. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 3.44.120,
UTILITY USERS TAX - REFUNDS, OF THE CHULA VISTA MUNICIPAL CODE
(FIRST READING)
Chula Vista Municipal Code Section 3.44.120 provides for the refunding of Utility Users
Tax that is overpaid, paid more than once, or collected erroneously. The current code
section allows for such refunds but does not provide specific procedures or time frames
for processing refund claims. Adoption of the amendment ordinance establishes a one-
year claims period for refunds and a procedure for filing of refund claims. (Finance
Director)
Staff recommendation: Council place the ordinance on first reading.
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA;
BURKETT & WONG ENGINEERS, CONSULTANT; AND MCMILLIN OTAY
RANCH, LLC FOR THE PREPARATION OF A PUBLIC FACILITIES FINANCING
PLAN FOR THE OTAY RANCH VILLAGE EASTERN URBAN CENTER AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
Adoption of the resolution approves the selection of Burkett and Wong to prepare a
Public Facilities Financing Plan (PFFP) for the Eastern Urban Center (EUC). The Otay
Ranch General Development Plan requires the preparation of a PFFP for all Sectional
Plan (SPA) applications. (Planning and Building Director)
Staffrecommendation: Council adopt the resolution.
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DESIGNATING 220 ELDER A VENUE AS A HISTORIC SITE AND PLACING 220
ELDER A VENUE, THE ANN C. RUTLEDGE HOUSE, ON THE CITY OF CHULA
VISTA LIST OF HISTORIC SITES IN ACCORDANCE WITH MUNICIPAL CODE
SECTION 2.32.070(A)
Adoption of the resolution will designate the property at 220 Elder Avenue, the Ann C.
Rutledge House, as Historic Site #70 on the Chula Vista List of Historic Sites. (Planning
and Building Director).
Staff recommendation: Council adopt the resolution.
Page 3 - Council Agenda
http://www.chulavistaca.gov
December 19, 2006
10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DESIGNATING 20 PEPPER TREE ROAD AS A HISTORIC SITE AND PLACING 20
PEPPER TREE ROAD, THE DR. LAURL W. MOFFITT HOUSE, ON THE CITY OF
CHULA VISTA LIST OF HISTORIC SITES IN ACCORDANCE WITH MUNICIPAL
CODE SECTION 2.32.070(A)
Adoption of the resolution will designate the property at 20 Pepper Tree Road, the Dr.
Laurl W. Moffitt House, as Historic Site #71 on the Chula Vista List of Historic Sites.
(Planning and Building Director).
Staff recommendation: Council adopt the resolution.
11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DESIGNATING 654 DEL MAR AVENUE AS A HISTORIC SITE AND PLACING
654 DEL MAR AVENUE, THE HOLLAWAY SUMNER HOUSE, ON THE CITY OF
CHULA VISTA LIST OF HISTORIC SITES IN ACCORDANCE WITH MUNICIPAL
CODE SECTION 2.32.070 (A)
Adoption of the resolution will designate the property at 654 Del Mar Avenue, the
Hollaway Sumner House, as Historic Site #72 on the Chula Vista List of Historic Sites.
(Planning and Building Director).
Staff recommendation: Council adopt the resolution.
12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DESIGNATING 416 THIRD AVENUE AS A HISTORIC SITE AND PLACING 416
THIRD AVENUE, THE EL PRIMERO HOTEL, ON THE CITY OF CHULA VISTA
LIST OF HISTORIC SITES IN ACCORDANCE WITH MUNICIPAL CODE SECTION
2.32.070(A)
Adoption of the resolution will designate the property at 416 Third Avenue, the EI
Primero Hotel, as Historic Site #73 on the Chula Vista List of Historic Sites. (Planning
and Building Director)
Staff recommendation: Council adopt the resolution.
13. 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
220 ELDER AVENUE, 20 PEPPER TREE ROAD, 654 DEL MAR AVENUE, 416
THIRD AVENUE, 44 NORTH SECOND, AND 611 SECOND AVENUE, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACTS
Staff has prepared contracts for each ofthe owners of historic homes who have requested
to participate in the Mills Act Program. Adoption of the resolution will authorize the
City to 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. (Planning and Building Director)
Staff recommendation: Council adopt the resolution.
Page 4 - Council Agenda
htto://www.chulavistaca.gQY:
December 19, 2006
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC COMMENTS
Persons speaking during Public Comments may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law 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.
ACTION ITEMS
The Item listed in this section of the agenda will be considered individually by the
Council and is 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.
14. CONSIDERATION OF THE QUARTERLY FISCAL STATUS REPORT FOR THE
QUARTER ENDED SEPTEMBER 30, 2006
In accordance with Charter Section 504( f), the Fiscal Status Report covering the first
quarter of Fiscal Year 2006/2007 is submitted for approval. (Finance Director)
Staff recommendation: Council accept the report.
OTHER BUSINESS
15. CITY MANAGER'S REPORTS
16. MAYOR'S REPORTS
A. Consideration of City Council regional and committee assigmnents.
B. Continued Council consideration of support staff in the Office of Mayor and Council.
(Council Budget Subcommittee Members Cox and McCann)
17. COUNCIL COMMENTS
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by
noon on Wednesday following the Council Meeting at the City Attorney's office in
accordance with the Ralph M Brown Act (Government Code 54957. 7).
Page 5 - Council Agenda
http://www.chulavistaca.gov
December 19, 2006
18. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE
SECTION 54967(b)
. City Manager
19. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c)
. One Case
20. CONFERENCE WITH LEGAL COUNSEL REGARDING THREATENED
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B)
. Two Cases
ADJOURNMENT the Regular Meeting on January 9, 2007 at 6:00 p.m. in the Council
Chambers.
In compliance with the
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista requests individuals who require special accommodations to access,
attend, and/or participate in a City meeting, activity, or service request such accommodation at
least forty-eight hours in advance for meetings and jive days for scheduled services and
activities. Please contact the City Clerk for specific information at (619) 691-5041 or
Telecommunications Devicesfor the Deaf (TDD) at (619) 585-5655. California Relay Service is
also available for the hearing impaired.
Page 6 - Council Agenda
htt:o://www.chulavistaca.gov
December 19, 2006
.
PROOF OF PUBLICATION
(2015.5 C.C.P)
STATE OF CALIFORNIA,
County of San Diego:
I am a citizen of the United States and a resident
of the county aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above-entitled matter. I am the principle clerk
of the printer of THE STAR-NEWS, a newspaper
of general circulation, published ONCE WEEKLY
in the city of CHULA VISTA and the South Bay
Judicial District, County of San Diego, which
newspaper has been adjudged a newspaper of
general circulation by the Superior Court of the
County of San Diego, State of California, under
the date of January 18, 1973, Case Number
71752; that the notice, of which the annexed is a
printed copy (set in type not smaller than non-
pareil), has been published in each regular and
entire issue of said newspaper and not in any
supplement thereof on the following dates, to-wit:
12/22
all in the year 2006.
I certify (or declare) under penalty of perjury
that the foregoing is true and correct.
Dated at Chula Vista, California 91910
this 22nd day of December 2006.
s.",,"" ~,~ C~
PRINC PA CLERK
.
This space is for the County Clerk's filing stamp.
CV26508
Proof of Publication of
Ordinance
CITY OF CHULA VISTA
IIOTICE OF AOOPTION
OF OROINANCE
Notice is hereby given that
on Tuesday, December
19,2006, the CitY Council
of the City ~lIhula Vista
adopted the following or-
dinance:
OROINANCE NO. 3055,
ORDINANCE OF THE CITY
OF CHULA VISTA IN-
CREASING THE SPEED
LIMIT ON OLYMPIC
PARKVVAY BETVVEEN THE
INTERSTATE 805 NORTH-
BOUND RAMPS AND
BRANDYWINE AVENUE
FROM 35 MPH TO 45
Adoption of the ordin&flce
establishes the, speed limit
based on the results of a
speed survey and pur-
suant to the authority un.
der Municipal Code Soc-
tion 10.48.020.
The ordinance was intro-
duced at the Regular
Meeting on December 12.
2006, and adopted at the
Regular Meeting of De-
cember 19, 2006 by the
following vote to-wit:
AYES: Castaneda,
McCann, Ramirez, Rin-'
done and Cox; ABSENT:
NONE; NOES: None.
The full text of this ordi-
nance is available in the
Office of the City Clerk at
276 Fourth Avenue, Chula
Vista, Galifornia.
IS/lori Anne- Peoples,
MMC
Senior Deputy City Glerk
Dated: December 20,
2006
CV26508 12/22/06
-----Original Message-----
From: Matthew Waters [mailto:sandiegowaters@sbcglobal.netj
Sent: Friday, December 08, 2006 10:02 AM
To: Rabbia Phillip
Subject: GMOC
Rabbia,
Please accept this e-mail as notification of my resignation from the GMOC. I will be moving out of the area in
the next few months.
I would to thank you and my fellow commissioners for a very enjoyable experience on the GMOC.
Sincerely ,
Matthew Waters
12/8/2006
-1-
COUNCIL AGEND A ST ATEMENT
Item
Meeting Date:
'\
~
12/19/06
ITEM TITLE:
SUBMITTED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A CONTRACT WITH IRON MOUNTAIN
INFORMATION MANAGEMENT, ~c. FOR THE LONG-TERM
STORAGE I!)ITY RECORDS
Susan Bigelow, MMC, City Clerk ~
Jim Thomson, Interim City Manager II (4/5ths Vote: Yes_No-X.)
REVIEWED BY:
Adoption of the resolution approves a contract for the long-term storage and related records
management services for the City's inactive and permanent records.
RECOMMENDATION:
COlTIlcil adopt the resolution.
DISCUSSION:
The City Clerk's Office manages the storage and retrieval of permanent and inactive records for
all departments. We also oversee the annual destruction of inactive records that have met their
retention requirements. Currently, there are approximately 6,000 cartons of stored records of
various types, including paper files, microfiche, maps, plans, and so forth. Due to the City's
rapid growth, the number of records generated, and, thus, the number ofrecords stored, continues
to grow, from approximately 1,500 cartons in 2000 to the current number. There is a need for a
viable long-term records storage solution, as well as an immediate solution to accommodate
departments that are reviewing and sending records to storage in light of the moves to different
offices.
Originally, the Civic Center renovation was to include a permanent records storage center in the
basement of the former police facility. A temporary "warehouse" facility for the records was
provided at the Corporation Yard, and City Clerk staff made daily trips to the Corporation Yard
delivering and retrieving cartons. The Corporation Yard facility, however, was not suitable for
long-term storage; and as the Civic Center plans developed, it became clear that there would not
be space for a permanent records center. A permanent, City-operated records center would have
been ideal since the City's records would have been located in close proximity to City Hall,
facilitating storage and retrieval, and would have given complete control over the handling and
protection of those records. However, since that could not occur, the alternative was to send the
records to a company providing records storage and related records management services, such as
retrieval, delivery and destruction.
In 2003, the records were transferred from the Corporation Yard to such a company, one of only
two in San Diego COlTIlty. Over the course of the past two years, serious concerns have arisen
about the handling of the City's records and it is now necessary to transfer to records to the other
2-1
records storage company, Iron Mountain Information Management, Inc. A formal bid procedure
was not followed because there are only two local, viable alternatives. Iron Mountain has agreed
to coordinate the pickup, indexing and transfer of the records from the current storage provider to
its own facility at no cost to the City. The City Clerk and City Attorney are negotiating the cost
to permanently withdraw the City's records from the current storage provider, and the cost could
potentially be as high as $20,000. Depending on the results of the negotiations, Staff may need
to return with a request for an appropriation from the general fi.rr1d in a few months.
DECISION MAKER CONFLICTS
Staff has reviewed the decision contemplated by this action and has determined that it is not site
specific and, consequently, the 500-foot rule found in California Code of Regulations Section
I 8704.2(a)(I) is not applicable to this decision.
FISCAL IMPACT
The armual cost for storage and related records management services is between $20,000 and
$25,000 armually. Funds for the ongoing storage of records is currently included in the City
Clerk's operating budget. A future appropriation may be required for the permanent withdrawal
of records from the current storage provider.
2-2
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A CONTRACT WITH IRON
MOUNTAIN INFORMATION MAc""lAGEMENT, INe. FOR
THE LONG-TERM STORAGE OF CITY RECOfillS
WHEREAS, the City Council wishes to provide safe and long-term storage for the City's
permanent and inactive records; and
WHEREAS, Iron Mountain InCumation Management, Inc. has agreed to safely store and
protect the City's important records, as well as provide other records management services, such
as retrieval and timely delivery ofrecocjs upon the City's request.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve a contract \dh Iron Mountain Information Management, Inc. for such
servIces.
Presented by
Approved as to form by
- ~ ~llfJ ;V ~~-----
Susan Bigelow, City Clerk
~~~\l.\\
Ann Moore, City ttorney .
2-3
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
~('Y'~\'\<;;).Y~\l
Ann Moore
City Attorney
Dated:D~<- \ 2. ) "'2..aa~
Agreement between
City of Chula Vista
and
Iron Mountain Information Management System
For
Records Storage and Management Services
2-4
PARTIES AND RECITAL PAGE(S)
AGREEMENT BETWEEN
CITY OF CHULA VISTA
AND ,
IRON MOUNTAIN INFORJVlATTON iVlAi"iAGEiVIENT SYSTEM
FOR
RECORDS STORAGE AND MANAGEMENT SERVICES
This agreement ("Agreement"), dated , for the purposes of
reference only, and effective as of the date last executed unless another date is otherwise
specified in E~~ibit A, Paragraph 1 is between the City of Chula Vista (City), and Iron Mountain
Information Management Systems (Iron Mountain), and is made witb reference to d1e following
facts:
RECITALS
Whereas, City is required by law to preserve documents that involve tbe business ofthe
Ciie) and,
Whereas, these documents require a significant amount of storage space and such space
is no longer available on City property and the documents require special handling to ensure
documents are not lost or destroyed; and,
Whereas, stored documents must be readily available and retrievable when requests for
documents are made; and
Wbereas, Iron Mountain warrants and represents that they are experienced and staffed in
a manner such that they are and can prepare and deliver the services required of Iron Mountain
to City within the time frames provided in tbis Agreement and in accordance with the terms arld
conditions of this Agreement;
OBLIGATORY PROVISIONS PAGES
NOW, THEREFORE, BE IT RESOLVED that the City and Iron Mountain do hereby
mutually agree as follows:
I, Iron MountaiB's Duties.
A. General Duties.
Iron Mountain shan perform all of the services described on the attached Exhibit A,
Paragraph 7, entitled "General Duties"; and,
Page 1
2-5
B. Scope of Work and Schedule.
In the process of performing and delivering said "Genera! Duties", Iron Mountain shall
also perform all of the services described in Exhibit A, Paragraph 8, .entitled" Scope of Work
and Schedule", not inconsistent with the General Duties, according .lD, and within the time
frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified
in Exhibit A, Paragrapb 8, within the time frames set forth in exhibit A, Paragraph 8, time being
of the essence of this Agreement. The General Duties and the work and del iverables required in
the Scope of Work and Schedule sha11 be referred to in this Agreement as the "Detined
Services". Failure to complete the Defmed Services hy 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 Iron Mountain, from time to time reduce
the Defined Services to be performed by the Iron Mountain under this Agreement. Upon doing
so, City and Iron Mountain agree to meet in good faith and confer for the purpose of negotiating
a cOlTesponding reduction in the compensation associated with the reduction in services.
D. Additional Services.
In addition to perfol111ing the Defined Services set forth in this Agreement, City may
require Iron Mountain to perfonn additional services related to the Defined Services
("Additional Services"), and upon doing so in writing, if they are within the scope of services
offered by Iron Mountain, Iron Mountain shall perf 01111 the additional services 011 a time and
materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph] I (C),
unless a separate fixed fee is otherwise agreed upon. A11 compensation for Additional Services
shall be paid monthly as bi11ed.
In the event that City issues a purchase order to Iron Mountain covering the services
provided under this Agreement, any terms and conditions set forth in this purchase order which
constitute terms and conditions which are in addition to those set forth in this Agreement or
which establish conflicting terms and conditions to those set forth in this Agreement are
expressly rejected by Iron Mountain.
E. Standard of Care.
Iron Mountain, in performing any Services under tbis Agreement, whether Defined
Services or Additional Services, shall perform in a manner consistent with that level of care and
skill ordinarily exercised hy members of its profession currently practicing under similar
conditions and in similar locations.
Page 2
2-6
F. Insurance.
Iron IY10untain must procure insurance against c!ajms for injuries to persons or damages
to property that may arise from or in connection with tile products aJ1<i materials supplied to the
City of Chula Vista. The insurance must be maintained for the duration of the contract. The cost
of such insurance sban be borne by Iron Mountain.
(1) Minimum Scope of Insurance.
Coverage must be at least as broad as:
a. Insurance Services Oftlce Commercial General Liability coverage
(occurrence Form CGOOOl).
(2) Minimum Limits of Insurance..
Iron MOlmtain must maintain limits no less than:
I. General Liability:
(Including operations,
products and completed
operations, as applicable.)
$1,000,000 per occurrence for bodily injury, personal injury and
property damage. IfConunercial General Liability insurance with a
general aggregate limit is used, the general aggregate limit must be
twice the required OCCUlTence limit.
Deductibles and Self-Insured Retentions.
j\ny deductibles or self-insured retentions must be declared to and approved by
the City. AI the option of the City, either the insurer will reduce or eli..'Ilinate such deductibles or
self-insured retentions as they pertain to the City, its officers, officials, employees and
volunteers; or Iron Mountain will provide a financial guarantee satisfactory to tile City
guaranteeing payment of losses and related investigations, claim administration, and defense
expenses.
Other Insurance Provision.s.
The general liability policy shall contain, or be endorsed to contain, the following
provisions:
a. The City of Chula Vista, its officers, officials, employees, agents,
and volunteers are to be named as additional insureds with respect
to liability arising out of products or materials of Iron Mountain.
The general liability additional insured coverage must be provided
in the form of an endorsement to the contractor's insurance using
ISO CG 2010 (1 I/8S) or its equivalent. Specifically, the
endorsement must not exclude Products / Completed Operations
coverage, and must not be contingent upon "contract".
Page 3
2-7
b. For any claims related to a product, Iron Mountain's insurance
coverage must be primary insurance as it pertains to the City, its
officers, officials, employees, agents, and volunteers. Any
insurance or self-insurance maintained ~y the City, its officers,
officials, employees, or volunteers is Wholly separate from the
insurance of the contractor and in no way relieves Iron Mountain
from its responsibility to provide insurance.
c. Each insurance policy required by this clause must be endorsed to
state that coverage will not be canceled by either party, except
after thirty (30) days' prior written notice to the City by certified
mail, return receipt requested.
(3) Acceptability ofInsurers.
Insurance is to be placed with licensed insurers adrnitted to transact business in
the State of California with a CUlTent A.M. Best's rating of no less than A V. If insurance is
placed with a Surplus Lines insurer, insurer must be listed on the State of California List of
Eligible Surplus Lines Insurers (LESLJ) with a CUlTent A.M. Best's rating of no less than B+ X.
Exception may be made for the State Compensation Fund when not specifically rated.
(4) Verification of Coverage.
Iron Mountain must fumish the City with original certificates and amendatory
endorsements effecting coverage required by this clause. The endorsements should be on
insurance industry forms, provided those forms conform to the contract requirements. All
certificates and endorsements are to be received and approved by the City before work
commences. The City reserves the right to require, at any time, complete, certified copies of all
required insurance policies, including endorsements evidencing the coverage required by these
specifications.
G. Proof of Insurance Coverage.
(1) Certificates ofInsurance.
Iron Mountain shall demonstrate proof of coverage required by this Agreement,
prior to the commencement of services required by this Agreement, by delivery of Certificates of
bsurance demonstrating proof of coverage, and further indicating that the policies may not be
canceled without at least thirty (30) days written notice to the Additional bsured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary Coverage and
Cross-liability Coverage required under Iron Mountain's Commercial General Liability
Insurance Policy, Iron Mountain shall deliver a policy endorsement to the City demonstrating
coverage, which shall be reviewed and approved by the Risk Manager.
Page 4
2-8
H. Business License.
lIon Mountain 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 l">e City.
A. Consultation and Coopemtion.
City shall regularly consult Iron Mountain for the purpose of reviewing the progress of
the Defined Services and Schedule contained in this Agreement, and to provide direction and
guidance to achieve the objectives of this Agreement. The City shall permit access tD its office
facilities, files and records by Iron Mountain throughout the telm of the Agreement.
Additionally, City agrees to provide the information, data, items and materials set forth on
Exhibit A, Paragraph 10 with the understanding that delay in the provision of these materials
beyond thirty (30) days after authorization to proceed shall constitute a basis for the justifiable
celay in Iron Mountain's performance of this Agreement.
B. Compensation.
All billings submitted by Iron Mountain shall contain sufficient information as to the
propriety of the billing to permit the City to evaluate that the amount due and payable is proper,
and shall specifically contain tbe 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 ll:te individuals ("Contract Administrators") indicated on Exhibit A,
Paragraph 12, as that party's contract administrator who is authorized by the party to represent
them in :he routine administration oft'1is Agreement.
4. Term.
This Agreement shall terminate when the parties have complied with all executory
provisions contained in this Agreement.
S. Financiallnterests of Iron Mountain.
lIon Mountain is not designated as an FPPC Filer. Nevertheless, Iron Mountain agrees it
shall not make, or participate in making or in any way attempt to use Iron Mountain's position to
int1uence a governmental decision in which Iron Mountain knows or has reason to know Iron
Mountain has a financial ir:terest other than tile compensation promised by this Agreement.
Page 5
2-9
6. Hold Harmless.
Iron Mountain shall defend, indemnify, protect and hold hannless 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 oui of or alleged by d1ird
parties to be the result of the negligent acts, errors or omissions or dle willful misconduct of the
Iron Mountain, and Iron Mountain's employees, subcontractors or other persons, agencies or
firms for whom Iron Mountain 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 Iimi1ations, attorneys fees) arising from the sole negligence or sole
willful misconduct of the City, its officers and employees. Also covered is liability arising B:om,
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 Iron Mountain, its employees, agents or
officers, or any third party.
Iron Mountain's indemnification shall include any and all costs, expenses, attorneys fees
and liability incurred by the City, its ofticers, agents or employees in defending against such
claims, whether the same proceed to judgment or not. Iron Mountain's obligations under this
Section shall not be limited by any prior or subsequent declaration by the Iron Mountain. Iron
Mountain's obligations under this Section shall survive the termination of this Agreement.
The foregoing indemnification shall not affect or limit the limitation on Iron Mountain's
liability in the event of loss or destruction of, or damage to, Stored Materials as set forth in this
Agreement.
7. Termination of Agreement for Cause.
If, through any cause, Iron Mountain fails to fulfill in a timely and proper manner Iron
Mountain's obligations under this Agreement, or if Iron Mountain violates any of the covenants,
agreements or stipulations of this Agreement, City shall have the right to terminate this
Agreement by giving written notice to Iron Mountain of such termination and specifying the
effective date of the termination at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents and other materials prepared by
Iron Mountain shall, at the option of the City, become the property of the City, and Iron
Mountain shall be entitled to receive just and equitable compensation for any work satisfactorily
completed on such documents and other materials up to the effective date of Notice of
Termination, not to exceed the amounts payable pursuant to this Agreement, and less any
damages caused Clty by Iron Mountain's breach.
Page 6
2-10
8. EITors a.'1d Omissions.
In the event that the City Administrator determines that the Iron Mountains' negligence,
errors, or omissions in the performance of work under this Agreeme)'lt has resulted in expense to
City greater than would have resulted if there were no such negligetice, errors, omissions, Iron
Mountain shaH reimburse City for any additional expenses incurred by the City. Nothing in this
Agreement is intended to limit City's rights under other provisions of this Agreement.
9. Telmination of Agreement for Convenience of City.
City may terminate this Agreement at any time and for any reason, by giving specific
written notice to Iron Mountain of such termination and specifying the effective date of the
termination, at least thirty (30) days before the effective date of such termination. In that event,
all finished and unfinished documents and other materials described in this Agreement 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, Iron Mountain 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 tel111ination. Iron Mountain expressly waives any and al!
claims for damages or compensation arising under this Agreement except as set forth in this
Agreement.
10. Assignability.
The services ofIron Mountain are personal to the City, and Iron Mountain shal! not
assign any interest in this Agreement, and shal! not transfer any interest in this Agreement
(whether by assignment or novation), without prior written consent of City.
11, Independent Contractor.
City is interested only in the results obtained and Iron Mountain shall perfoffi1 as an
independent contractor wit.l, sole control of the manner and means of performing the services
required under this Agreement. Cir-j maintains the right only to reject or accept Iron Mountain's
work products. Iron Mountain and any of the Iron Mountain'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 Iron
Mountain shall be solely responsible for the payment of same and shall hold the City harmless
with regard thereto.
Page 7
2-11
12. 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 Gity and acted upon by the
City in accordance with the procedures set forth In Chapter 1.34 of the Chula Vista Municipal
Code, as it may from time to time be amended, the provisions of which are incorporated by this
reference as if fully set forth in this Agreement, and such policies and procedures used by the
City in the implementation of same.
Upon request by City, Iron Mountain shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
13. Attorney's Fees.
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shan be entitled to a judgment against the other for an amount equal to
reasonab Ie attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be
the party who is awarded substantially the relief sought.
14. Statement of Costs.
In the event that Iron Mountain prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, Iron Mountain 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.
15. Miscellaneous.
A. Iron Mountain Not AuthOlized to Represent City.
Unless specifically authorized in writing by City, Iron Mountain shall have no authority
to act as City's agent to bind City to any contractual agreements whatsoever.
B. 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 in this Agreement as the places of business for each of the
designated parties.
Page 8
2-12
C. Entire Agreement.
This Agreement, together with any other written document referred to or contemplated in
this Agreement, embody the entire Agreement and understanding be,tween the parties relating to
the subject matter of the Agreement. Neither this Agreement nor an;,' provision of this
Agreement may be amended, modified, waived or discharged except by an instrument ill writing
executed by the party against which enforcement of such amendment, wai ver or discharge is
sought.
D. Capacity of Parties.
Each signatory and party to the Agreement warrants and represents to the other party that
it has legal authority and capacity and direction from its principal to enter into this Agreement,
a..,d that all resolutions or other actions have been taken so as to enahle it to enter into this
Agreement.
E. Governing LawNenue.
This Agreement shall be governed by and construed in accordance with the laws of the
State ofCaJifornia. 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 Cali fomi a, and ifapplicable,
the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and
performance under tl1is Agreement, shall be the City ofChula Vista.
Page 9
2-13
SIGNATURE PAGE
TO
AGREEMENT BETWEEN
CITY OF CHULA VISTA
AND
IRON MOUNTAIN INFORMATION MAl'lAGEMENT SYSTEM
FOR
RECORDS STORAGE AND MANAGEIVIENT SERVICES
IN WITNESS WHEREOF, City and Iron Mow1tain have executed this Agreement
thereby indicating that they have read and understand this Agreement, and indicate their full and
complete consent to its terms:
Dated:
,200_
City ofChula Vista
Attest:
By:
Stephen Padilla, Mayor
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, City Attorney
Dated:
,200_
[Nam.e o.fIr on Mou.ntai.n~f-.
: ill /
v'(- /:fJ'//b'1I~/( , .
B".I~~A ,
name of pers6n, title] _ /, _ I.
/j;,~([(- vfctE-hEcf:;';t:JPVF fJj;' /tJ,6'
Bv'
"
[name of person, title]
Exhibit List to Agreement
() Exhibit A.
2-14,
Page 10
EXHlBlT A
TO
AGREEMENT BETWEEN
CITY OF CHULA VISTA
A...ND
IRON MOUNTAIN Il'<'"FOR'VIATION MA..."iAGEMENT SYSTEM
1. Effective Date of Agreement:
2. City-Related Entity:
(X) City ofChula Vista, a municipal chartered corporation of the State of California
() Redevelopment Agency of the City ofChula Vista, a political subdivision of the
State of California
( ) Industri.al Development Authority ofthe City of Chula Vista, a
()
Other:
form]
, a [insert business
("City")
3. Place of Business for City:
City of Chula Vista
276 F aurtb A venue
Chula Vista, CA 91910
Tel: (619) 691-5041
4. Iron Mountain:
5. Business Form ofIron Mountain:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6. Place afBusiness, Telephone and Fax Number ofIron Mountain:
6935 Flanders Drive
San Diego, California 92121
Vaice Phone (858) 404-1607
Fax Phone (858) 455-7125
Page 11
2-15
7. General Duties:
Iron MOlmtain will provide removal, storage, shredding and retrieval services tor City
documents prepared in the normal course of business and retained p\lrsuant to the Public Records
Act (Government Code section 6250, et seq.) and other applicable laws.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
Iron Mountain Duties:
(1) Iron Mountain agrees that it will retrieve all Stored Matelia! from City's
current storage provider's facilities at no cost to City. Iron Mountain will replace damaged boxes
of any matelial remeved from the City's current provider. City win reimburse Iron Mountain tor
the actual costs of replacement boxes at the Rate set forth in Schedule A.
(2) SERVICES TO BE PROVIDED BY IRON MOUNTAIN.
a. Pick-up and Delivery of Stored Material;
b. Provides Barcodes, Pick-up and Delivery service and shelving of
containers;
c. Safe and secure storage for City records at Iron Mountain's
facilities;
l. From and at1er the date of this Agreement for a period
of five years, unless modified or terminated, Iron
Mountain shall store and service City's records
identified on the attached Schedules ("Stored
Material"). City and Iron Mountain may modify or add
to the record materials included in the Schedule of
Stored Materials by written agreement. Such additional
materials shall, unless otherwise indicated in writing,
be deemed to be held under the same terms and
conditions as the Stored Materials.
11. Stored Matelial and information contained in Stored
Matelial shall be delivered only to City's Authorized
Representative(s) identified on the signature card. City
represents that the Autholized Representative(s)
has/have full authority to order any service for or
removal of the Stored Material and to deliver and
receive such materials. Such order may be given by fax
or e-mail.
Page 12
2-16
1Il. When Stored Materials are ordered out, Iron Mountain
shall be given a reasonable time to carry out the
instructions of the City, and if it is unable to do so (or
to provide other services c?ntemplated by this
Agreement) because of act~ of God or public enemy,
seizure or legal process, natural disasters, stl;kes,
lockouts, riots and civil commotions, or other reasons
beyond Iron Mountain's control or because of loss or
destruction of goods for which Iron Mountain is not
liable, or because of any other excuse provided by law,
Iron Mountain shall not be liable for failure to carry out
such instructions or services.
iv. Authorized representatives of City shall have the right,
at reasonable times and upon reasonable notice, to
examine the media andlor records and compilations 0 f
Iron Mountain, which pertain to the performance of the
provisions of the Agreement.
v. Iron Mountain agrees it will replace or restore damaged
cartons at no cost.
d. Retrieval of records upon the City's request with retrieval delivery
to City's offices next business day;
e. Upon request, expedited retrieval delivery to the designated City
office. A Rush Service Fee will be charged for this service. See
Schedule A.
1. City will provide Iron Mountain with written requests
for Rush orders by fax or emai!. The wri tten
notification will indicate the date and time of the Rush
request. IfJron Mountain fails to deliver the Stored
Material in the time frame set forth in Schedule A, any
applicable Rush fees will be waived.
f. Additional bar codes for future containers and a printout of
containers in storage upon request;
g. Upon advance notice, an onsite viewing room at Iron Mountain's
facility where access to copiers and fax will be provided; and,
h. Certified confidential destruction services, upon receiving written
authorization tom City.
Page 13
2-17
I. In the event that Stored Materials are inadvertently removed Ii.om
boxes, either due to damage to the boxes or spillage and/or mixed
with materials belonging to another Agency or business, Iron
Mountain will notify City and the other. party so that the City may
be present when Stored Materials are reviewed and repacked to
prevent disclosure of any confidential information to third parties.
(3) DESTRUCTION OF RECORDS.
Iron Mountain may destroy Stored MateliaJ upon written instruction from the
City or its Authorized Representative. Destruction of Stored Materials shall be at the City's cost
and expense. The City releases lron Mountain from any and al I liability by reason of the
destruction of such Stored Material pursuant to such authority.
Iron Mountain understands and agrees that Stored Materials are public records
pursuant to the California Public Records Act. As such, the Stored Materials may be required to
be produced pursuant to a public records request or a civil or criminal subpoena. Should Stored
Material be lost or destroyed due to the conduct or actions of Iron Mountain, whether purposeful,
negligent or willful, Iron Mountain agrees to:
a. Reimburse City for any costs related to recreating, to the extent
possible, the records. Such costs include, but are not limited to,
reconstruction or reproducing lost or destroyed records.
b. Provide a declaration, signed under penalty of perjury, indicating
that the loss of subpoenaed records occurred while the Stored
Material was in the custody and control of Iron Mountain.
c. Be available to testify as to the authenticity and accuracy of the
declaration prepared pursuant to section 3, if required by a court of
competent jurisdiction.
Limitation of Liability (Shredding Services). Iron Mountain shall be responsible
or liable for the release or loss of any materials deposited in bins or otherwise delivered to it for
shredding if the release or loss is due to Iron Mountain's negligence or willful misconduct.
Destruction of Deposits. City releases Iron Mountain from all liability that may
arise by reason of the destruction of Stored Materials when the destruction is performed pursuant
to the City's written direction. Except for those Deposits that City specifically identifies in
writing as not containing consumer information (as defined in 16 CFR S 682.1) or personal data,
all other Stored Material will be destroyed by shredding, except for media that may be destroyed
by pulverizing or incineration. Each such destruction shall be at the rates set forth in Schedule A.
Page 14
2-18
(4) RESTRICTIONS ON STORED MATERIAL; CUSTOMER PREMISES. .
City shall not store with Iron Mountain nor deliver to Iron Mountain for secure
shredding any material that is highly flammable, explosive, toxic, ra\lioactive, medical waste,
organic material which may attract vermin or insects1 or other.vise dangerous or unsafe to store
or handle, or any material which is regulated under any federal or state law or regulation relating
to the environment or hazardous materials. City shall not store negotiable instruments, jewelry,
check stock or other items that have intrinsic value. All City's premises where Iron Mountain's
employees perforn1 services or make deliveries hereunder shall be free of hazardous substances
and any other hazardous or dangerous conditions.
(5) SIGNATURE CARD.
Iron Mountain shall provide City with a signature card to be signed by all persons
authorized to access City's records. Only those persons named on the signature card will be
authorized to access City's records. It is City's sole responsibility to have the signature card
signed by all authorized persons and returned to Iron Mountain. It is City's sole responsibility to
notify Iron Mountain, in wTiting, of any changes to the list of persons authorized to access City's
records.
(6) GOYERt'lMENTAL ORDERS.
Iron Mountain is authorized to comply with any subpoena or similar order related
to the Stored Materials provided that Iron Mountain notifies City promptly upon receipt of any
subpoena or order, unless such notice is prohibited by law. City shall pay Iron Mountain's
applicable charges set forth in a Schedule(s) for such compliance. Iron Mountain will cooperate
with Cit';'s efforts to quash or limit any subpoena, at City's expense.
B. Date for Commencement oflron Mountain Services:
(X) Same as Effective Date of Agreement
() Other:
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurarce
(X) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
10. Materials Required to be Supplied by City to Iron Mountain:
None. Boxes are to be stored as required.
Page] 5
2-19
11. Compensation:
A. (X) Hourly Rate Arrangement:
For performance of the Defined Services by Iron Mountain required by this Agreement,
City shan pay Iron Mountain for the productive hours of time spent by Iron Mountain in the
performance of the Defined Services, at the rates or amounts set forth in the Rate Schedule
attached as Exhibit B. Prices shall be firm for five years from the effective date of the
Agreement. Subsequent price increases shall be hy mutual consent of the parties.
12. Bill Processing:
A. Iron Mountain's Billing to be submitted for the following period of time:
(X) Monthly
( ) Quarter! y
( ) Other:
B. Day of the Period for suhmission of Iron Mountain's Billing:
(X) First of the Month
( ) 15th Day of each Month
( ) End of the Month
( ) Other:
C. City's Account Numher:
13. Contract Administrators:
City: Susan Bigelow, City Clerk
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Tel: (619) 691-5041
Iron Mountain: Don Sonck
Iron Mountain Information Management, Inc.
6935 Flanders Drive
San Diego, CA 92121
Tel: (858) 404-1600
Exhibit A
Page I 6
2-20
Schedule A for Secure Shredding
This Schedule A is made part of the Customer Agreement ("Agreement") Iron Mountain Infonnation
Management, Inc. (Iron Mountain) and City ofChuJa Vista (City).
Ejfective Dale
Customer Name
Customer Number
City of Chula Vista
526]6
SECURE SHREDDING
Secure Shredding Initial Setup
The initial delivery and placement of secure shredding containers at a
Customer's site.
Description
Initial Setup - No Charge
Price Per
OD-Site Shredding
Pricing is based on a per container" per transaction service.
All confident;al material is picked up fi'om your location in locked
containers and shredded in our mobile secure shredding unit.
Shredding Schedule
Ever; 4 weeks
Description
Qty Price Per
12 $21.16 console
$25.00 additional servlC::: fee
per unscheduled
transportation visit
$75.00 shredding seIV'ice
Security Consoles
Unscheduled Transportation Vlsits
Shredding S~rvice Minimum
Off-Site Shredding
Pricing is based on a per container per transaction service.
AJJ confidential materia] is picked up from your location in locked
containers and transported in secure trucks to our shredding plant.
Shredding Sched "Ie
Every 4 weeks
Page 17
2-21
Description
Qty
Price Per
Security Consoles
Unscheduled Transportation Visits
12
$21.16
$25.00 additional service fee
per unscheduled
transportation Ylsit
$75.00 shredding service
Shredding Service Minimum
Secure Shredding Miscellaneous Ser'lices
Description
Labor
Shredding Service Minimum
Price Per'
$45.00 hour
575,00 shredding service
Transportation 'lis its include one Iron Mountain employee. Additional
employees are charged per labor hour.
Sef'/ices during nom1a! business hours, Monday through Friday 8:00 AM
to 5:00 PM, excluding holidays.
Unless specified in this Agreement, shredding pricing is for paper
shredding sef'/ices only. Shredding of other media types will be quoted
on a per project basis.
Schedule A for Records Management Services
This Schedule A is made part ofthis Agreement ("Agreement") between Iron Mountain Information
Management, Inc. ("Iron Mountain") and City ofChula Vista ("City").
Effective Date
District Name/Number
Customer Name
Customer Number
STORAGE
San Diego
City of Chu!a Vista.
SZ6l6
Secure space for the storage of deposits.
Description
Carton Storage
Price Per
$0.137 cubic foot
Storage Minimum
$75.00 month
Storage charges wil1 be billed monthly in ad'lance.
Page 18
2-22
MANAGEMENT SERVICES
Services during normal business hours, Mpnday through Friday 8:00 AM
to 5:00 PM, excluding holidays.
New deposits (receiving and entry) - The receipt ofadditional
Customer deposits resulting in an increase to the City storage balance.
Descriptioll
Cartan
Price Per
$LOO cubic fooe
Retrievals/Refiles - The temporary reDieval of deposits from, or return
to, storage (Rush applies to retrievals only).
Descrip tion Price Per
Standard Carton $2.66 cubic foot
Standard File from Carton $3.89 file
Rush Carton $4.32 cubic foot
Rush File from Carton $5.98 tile
Destruction - The preparation, documentation. and physical destruction
of deposits that are stored at Iron Mountain.
Description
Destruction by Shredding
Destruc:ion by Recycling
Price
Per
$3.11
$3.] 1
cubic foot pillS retrieval
cubic foot plus retrieval
Permanent Wilhdrawal- Tbe preparation, documentation, and
pemlanent withdrawal of deposits that are stored at fran Mountain.
Description
Pennanent Withdrawal
Price Per
54.39 cubic foot plus retrieval
Waive fee [fCity stays with Iron MOLmtain for tr..ree years or more.
Individual List - Data entry of file descriptions.
Description
Individual List
Price Per
$.30 file
Miscellaneous Services
Description
Service Minimum
Price Per
$5.00 hour
All other services, not specifically listed, will be cbarged at Iron
Mountain'5 then current rates.
Page 19
2-23
TRANSPORTATION
Delivery
Next Day
$10.20 per transportation visit, $1.27 per [cubic foot].
Call by 3:00 PM for delivery next day by 5:00 PM
Half Day
$20AOper transportation visit, $ 1.27 per [cubic foot]
Call by 10:00 AM for delivery same day by 5:00 PM. Call by
3:00 PM for delivery next day by 12:00 PM.
Emergency Visit (Rush)
$40.80 per transportation visit, $1.27per [cubic foot]
Delivery witilin 3 hours of request.
After HourslWeekellds/Holidays
$81.60per transportation visit, 1.27 per [cubic foot]
Delivery within 4 hours of request.
Pickup
Pickup/Oil Demand
$10.20 per transportation visit, $1.27per [cubic foot]
On Demand Pickup must be scheduled within 48 hours of
request.
COMPUTER AND REpORTING CHARGES
Included in the City's storage rate 8l'e the Monthly Supplemental Reports.
All other reports (including special sorting and special file listings) are
subject to the computer listing charge andlor initial setup, reporting, or
down load fees, quoted by job scope.
Page 20
2-24
INITIAL TRANSFERlRECElVING AND ENTRY
(ONE TIME CHARGE)
initial Transfer/Receiving and Entry"""':The pickup, transport and
receipt of City deposits establishing the initial storage balance. Initial
transfer/receiving and entry costs apply to the estimated initial volume
indicated below, transferred within (3) months of program
implemenration.
Description
Carton Transfer ~ No Charge
Initial
VoJume
Price Per
1-8000 boxes
cubic root
Individual List-Initial data entry of liie descriptions:
Description
Individual List
Initial
Volume
Price Per
$.30 tile
Labor-Initial Jabor to replace damaged cartons or tiles.
Description
Labor
Initial
Volume
Price Per
$45.00 hour
Supplies/Cartons-Initial new supplies
Description
#2000 LetterlLegal
lnitial
Volume
Price Per
$2.10 each
Schedule A for Records Management Services
Tbis Schedule A is made part oft"e Customer Agreement ("Agreement") between Iron Mountain
Information Management, Inc. ("Iron Mountain") and City ofChuia Vista ("City").
E/fective Date
District lVamelNumber
Customer Name
Customer Number
San Diego
City of Chula Vista.
SV334
Page 21
2-25
V AUt T STORAGE
Climate Control Secure space for the storage of vital deposits.
Description
Carton Storage
Price Per
$1.00 cubic foot
Storage MinimLlm
$85.00 month
Storage charges will be billed monthly in advance.
MANAGEMENT SERVICES
Services during nOlmal business hours, Monday through Friday 8:00 AM
to 5:00 PM, excluding holidays.
New deposits (receiving and entry) - The receipt of additional City
deposits resulting in an increase to the City storage balance.
Description
Carton
Price Per
$1.00 cubic foot
RetrievalslRefiles - The temporary retrieval of deposits from, or retum
to, storage (Rush applies to retrievals only).
Description Price Per
Standard Canon $2.66 cubic foot
Standard Fl]C from Carton $3.89 file
Rush Carton $4.32 cubic foot
Rush File from Canon $5.98 file
Destruction - The preparation, documentation, and physical destruction
of deposits that are stored at Iron Mountain.
Description
Destruction by Shredding
Destruction by Recycling
Price
Per
$3.11
$3.11
cubic foot plus retrieval
cubic foot plus retrieval
Permanent Withdrawal - The preparation, documentation, and
permanent withdrawal of deposits that are stored at Iron Mountain.
Description
Permanent Withdrawal
Price Per
$4.39 cubic foot plus retrieval
Page 22
2-26
Individual List - Data entry of file descriptions.
Description
Individual List
Price Per
$.JO file
Miscellaneous Services
Description
Labor
Service Minimum
Price Per
$45.00 hOllr
$5.00 hour
Ail other services, not speciticaily listed, wiil be charged at Iron
Mountain's tilen current rates.
TRANSPORT A TlON
Delivery
Next Day
$10.20 per transportation visit, $1.27 per [cubic foot].
Call by 3:00 PM for delivery next day by 5:00 PM
Half Day
$20AOper transportation visit, $1.27 per [cubic foot]
Can by 10:00 AM fOl" delivery same day by 5:00 PM. Cail by
3:00 PM fOl" delivery next day by 12:00 PM.
Emergency Visit (Rush)
$40.80 pertranspol"tation visit, $1.27per [cubic foot]
Delivery within 3 hours of request.
After HOllrslWeekendslHoUdays
$8 I .60per transportation visit, 1.27 per [cubic foot]
Delivery within 4 hours of request.
Picku p
Pickup/On Demand
$10.20 per transportation visit, $l.27per [cubic foot]
On Demand Pickup must be scheduled within 48 hours of
request.
COMPUTER AND REpORTING CHARGES
Included in the City's storage rate are the Monthly Supplemental Reports.
All other reports (including special sorting and special file listings) are
subject to the computer listing charge and/or initial setup, reporting, or
download fees, quoted by job scope.
Page 23
2-27
bllTlAL TRANSFER/RECEIVING AND ENTRY
(ONE TIME CHARGE)
Initial Transfer/Receiving and Entry--'The pickup, transport and
receipt ofCLlstomer deposits establishing the initial storage balance.
Initial transfer/receiving and entry costs apply to the estimated initial
volume indicated below, transferred within (3) months of program
implementation.
Description
Carton Transfer - No Charge
Initial
Volume
Price Per
1-8000 boxes
cubic foot
Individual List-Initial data entry of file descriptions:
Description
Individual List
Initial
Volume
Price Per
$.30 51e
Labor-Initial labor to prepare canons or tiles for transfer to storage.
Supplies/Cartons-Initial new supplies
Description
#2000 Letter/Legal
Initial
Volume
Price Per
$2.10 each
Page 24
2-28
ORDINA:'iCE :'iO.
"'OO?i\O~
EJ>.O\~G ,..~o
s~co~o ?\
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA INCREASING THE SPEED LIMIT O:.i
OL YMPIC PARKWAY BETWEEN I-805 NORTHBOl'ND
RAMPS AND BRA:'<TIYWJNE AVENUE FROM 35 iYrPH
TO 45 MPH '
V/HEREAS, based on the provisions of the California Vehicle Code and pursuant
to authority under the Chula Vista Municipal Code, the City Engineer has deternlined that
the speed limit OIl Olympic Parkway between I-80S northbound ramps and Brandywine
A venue should be increased from 35 mph to 45 mph; and
WHEREAS, the prevailing speeds, accident history, roadway deslgn
characteristics and land use justify a 45 mph posted speed limit; and
WHEREAS, the Engineering and Traffic Survey was prepared pursuant to all
provisions of the California Vehicle Code and the Manual on Uniform Traffic Control
Devices; and .
WHEREAS, due to the recent completion of the roadway improvements on
Olympic Parkway near I-805, the roadway configuration has changed from a two lane
divided roadway to a six lane divided roadway; and
WHEREAS, this recommendation and other information In the City Engineer's
report has been fully considered by the City Council; and
WHEREAS, the Environmemal Review Coordinator has reviewed the proposec
project for compliance with the California Envlronmental Quality Act (CEQA) and has
determined that the project (increasing the speed limit from 35 mph to 45 mph) qualifies
for a Class 1 categorical exemption pursuant to Section 15301(c) (Existing Facilities) of
the State CEQA Guidelines because it lllvolves the ongoing operation of an existing
facility; thus, no further en vironmental review is needed.
NOW, THEREFORE, the City Councd of the City of Chula Vista ordains as
follows:
SECTION l: The speed limit on Olympic Parkway between I-80S northbound ramps
and Brandywlne Avenue is increased to 45 mph.
SECTION II: Schedule X of a Register of Schedules maintained by the City Engineer as
provided In Section 10.48.020 of the Chula Vista Municipal Code, "Establlshed Speed
Limits in Certain Zones-Designaced," is amended to include the following inforn1ation:
3-1
Ordinance No.
Page :2
Chula Vista Municipal Code Section 10.48.020 - Schedule X I
Established Sneed Limits in Certain Zones
Name of Street I Beginning At I Ending At I Proposed Speed Limit
I 1-805 Northbound Brandywine ,
Olympic Parkway I 45 mph
Ramps Avenue I
SECTION Ill: This ordinance shall take effect and be in full force on the thirtieth day
from and after its adoption.
Presented by
Approved as to form by
,~ (1 ~~-a~~
Ann Moore
City Attorney
Scott Tulloch
Director of Engineering
H ;\ENG IN EER \Ordinances\Ord2006\ r 2-12.06iOrdi !lance_Olympic Pkwy _ S~ed ESLdac
3-2
CITY COUNCIL
AGENDA STATEMENT
~f:. CITY OF
--- CHULA VISTA
12/19/2006
Item-$--
ITEM TITLE:
RESOLUTION APPROVING THE GRANT OF
EASEMENTS, LICENSE AND MAINTENANCE
AGREEMENT FOR CHULA VISTA TRACT NO. 02-03,
MCMILLIN OTAY RANCH VILLAGE SIX,
NEIGHBORHOOD R-IO AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT.
DIRECTOR OF ENGINEERIN% ~,)
INTERIM CITY MANAGER ji
SUBMITTED BY:
REVIEWED BY:
4/5THS VOTE: YES
NO X
BACKGROUND
Tonight Council will consider allowing the Treviana at Lomas Verdes Homeowner
Association, a California nonprofit mutual benefit corporation (an "HOA") to perpetually
maintain the landscaping within the right-of-way for this neighborhood. McMillin Otay
Ranch Village Six, Neighborhood R-10 is a condominium project consisting of 212
residential units and is generally located west ofSR-125 and east of Magdalena Avenue.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed actIVIty for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the activity is not a "Project" as defined under Section 15378 of the State CEQA
Guidelines; therefore, pursuant to Section l5060( c )(2) of the State CEQA Guidelines the
activity is not subject to CEQA. Thus, no environmental review is necessary.
RECOMMENDATION
That City Council adopt the Resolution approving the Grant of Easements, License and
Maintenance Agreement for Chula Vista Tract No. 02-03, McMillin Otay Ranch Village
Six, Neighborhood R-l 0 and authorizing the Mayor to execute said Agreement.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
4-1
12/1912006, Item 4
Page 2 of2
DISCUSSION
Chula Vista Tract 02-03, McMillin Otay Ranch Village Six, Neighborhood R-I0 is an
11.73-acre project consisting of212 residential condominium units. On August 27, 2002,
by Resolution 2002-347, Council approved the Final Map and associated agreements.
Tonight Council will consider approving a Grant of Easements, License and Maintenance
Agreement that will add areas of Home Owner Association (HOA) maintained
landscaping within the public right-of-way for this neighborhood.
The Grant of Easements, License and Maintenance Agreement for the neighborhood
establishes specific obligations and responsibilities regarding the maintenance of certain
improvements located along the public parkways within the City's right-of-way. Exhibit
"A" contains the Grant of Easements, License and Maintenance Agreement for this
neighborhood.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property
holdings within 500 feet of the boundaries of the property which is the subject of this
action.
FISCAL IMPACT
There is no impact to the General Fund. The ROA has paid all fees and other costs
associated with the proposed agreement.
ATTACHMENTS
1. Plat ofChula Vista Tract No. 02-03, McMillin Otay Ranch Village Six, R-lO
2. Developer's Disclosure Statement
EXHIBITS
A. Grant of Easements, License and Maintenance Agreement
Prepared by: Boushra Salem, Senior Civil Engineer, Engineering Department
J:\EngineerIAGENDA \CAS2006\ 12-19-06\ Village 6 Grant of Easements.doc
4-2
ATTACHMENT
\
L
RESIDENnAl
Parcel I land Use '"""'" I du/ac DU I
R-1 Single Family 26.2 4.0 105
R-2a Single Family 19.7 4A 87
R-2b Sil'lgle Family 21.3 5.4 115
R-3 Single Family 35.6 4.5 159
R-4 Single Family 20.4 4.5 92
R-' SiT1gle Family 16.6 6.7 111
R-< Single Family 20.4 6.2 '26
R-7.a Single Family 12.9 6.8 88
Sub-tatal Single Fllmily 17J.1 ,., ..3
R~7:b. Multi-family 5.8 28.4 165
R-o Multi-family 11.7 26.5 33i
R'" Mulli-family 21.8 7.5 163
.R~ Multi--family 12,7 25.7 326
R..1Q" Multi-family 12.1 17.5 212
Sub-fota//duni-f.amily 54.' HI.! 1203
TOTAl. RESIDENTIAL 2:37.2 0.8 20a6
NON-RESIOENTl.AL
CPF~1 CPF SlIe 52
CPF-2 CPF Sile ".5
CPF..,J Privale High School 32.5
Sub-taral CPF "9.2
Elem. School Site 10.0
I Public Pan 7.6
.=
Commercial 3.0
Open Space 21.1
... Major Circulation sa.J
NON-RES1DENTIAL TOTAL 14!3.2
PROJECT TOTAL 3a6.4 ,.4 20BS
[!!D Resid..Alt. To CPF.3
Alternative Totat without Pri. High SchOQI
Note: aIt. R~11 refer.5 to an aJremiltive
residential use tor CPF-3. Refer tel SPA
lext foI' specific pmYisjans.
MCMILLIN OTA Y RANCH VILLAGE 6
CHULA VISTA TRACT 02-03
n
R,.9a
R,.9b
,
I
~
r.'
R-10
f Birch Road
~
4-3
Nov-14-2006 14:51
" rom-CORNERSTONE
8584523600
T-792 P 002/003 P-530
ATTACHMENT 2
City of Cbul, VISta Di.cIotUre StalOlllcnt
Pursuontto Council poli"Y 1 0 1-01, prior to any action upon matte'" tI:1.. wlll require discretionary action bylhc
Council. Planning Commission and all other oflieial bodi=:> oflhe City,' statement ofo1illcloSIII' of ow in
ownorship or fuuoncial iIlt"",;!;, paymenlli, or ."",paige conttibutiOll' for a City of Chul. VISta election mus' b.
filed. The followi~g i~ronnation must be di.elose<l:
l. List tCe name; of all petson; having a financial Inlerest in tile ptoperty that is 'be ;ubje<, of tI:1.
application or the coatrac~ e.g., OWDl::r~ a.pplicant, cO.Qtruaor, $ubaot3tr'a.Gtor, matctialsupplier.
7~E1V/AN,IJ /)T I/UUAS J/~I)S$ .h'O.<U~..vN€'.A)' A.s.J'AI.
2. If any per;on' identified pur.ro.m: '0 (1) above is . COlpOratio!l Ot partnrnbip, list the =e$ of all
iI1dlvidu.u....;th a $2000 in"03tmcllt in !be Wsi= (eorporatioolparlncrship) ...tity.
R/~
3. If any pelSon" Identified p~t to (1) above ilia lIOn-pfofi' orgacizmiOI:1 ounat, list tho oatil" of any
porson serving as dite= of lb. nOll-profit or~on or as UIl;tee orbenc:!ioiary Or trustor of lb. trUst
.;rOHAI fJUTjlAM
p. fj, iSP/i P "'J11
4. PlclIS. idcIrtify ovc.ty person. Lncluding anyagenta, employC<$, "O"sultan!>, or inclepeQdelll eontnetors
you have assigned to rep.resent you before die City in this matter.
Me iMIU.JN (,,;olM41t1A//T(.~c;
r:I'JRNF.PS'rONr:o C(}Jl,f1M tiN t.r/~r:;
5. Has any person" ..sociated with this oontra=' had any tinl1lleial dealings with llll officie!'. of lb.. CItY of
Chula Viola.. il....l.teS to this ooo\l'lletwilhin thel*t 12 ft1ontlls. y.._ No-X...
191-; 'OO/ZOO"d IIL-.
ommm
~Sij3NlOO"'J;
01'11 9001-iO-"N
4-4
Nov-14-2006 14:51
From-CORNERSTONE
8584523600
T-782 P.003/003 F-530
eil)' of Ch.ul~ lIislll Di>doJure S~Ate~.ot
IfYl:..'5j oridly ~cri::.;: ~~ ~t:U..L"e: of ChQ nc.z.n'C.'ia! inccocst ihe Qffi~i""'." Qi~ h.;a.Vl;: in thi$ cotJ,~,
6. Have ycumade a C~!111.ib"tioo of mer. thanS250 within 1ll.I'~Sl twelve (12) tllotll!ls to ..=tmembc:r
of ,he Chllla Vi,ta City Council? :-10]!. y"" _Ify.,. wbich Council mOO\b<:r7
7.
Haye yo. provieec moro t"an $340 (0: all item ocequhrolcn, value) to on oflicial." ofthr; City ofChulo
Vista mille past twelve (12) moll.ths7 (Tb.i.s in.:l.udos boi.11g a """"" of m<>eme, mcnel'to reO:<: & lo!l'd
cecr. gift, 10lll1, etc.) Yes ~ No...iS-
I!Yc~, viblch OffiC3il!..... a.c.d wha~was the na.~ l:lfi\euJ pJ:Qvidt:d?
Da'~; //...11 'fft
-
./
--? A.~
igc.a~~ of'COI1ttadorJApplicam
..-:t;t.... if,...wi' ~ 'T). 4 . r~ --'>. /...... h
Pliot or type ".me ofColltruc:tor/Applieant
.
J'e:;oo.is dm!lod 'S:wy i.:lctivid\lal. firm. <:o-ponncrsh..;"joillt ventutt, assaoiilioo, sooial el'Oll, frala:cal
crga.ni2.ati~ cOip(lrntic:Q., estate, trIlSt, ~ival syt1(te~l.myot,b,crcountyJ d.ty~ mtmic.'pality, distriC'tt or
otJ.e, political S\lbdiYi.iou. -or any other group or coEl!bi.tlatlOl1 a<lillS ... a Ullit.
Official i.11oludcs, bu~ is not limi\l:li '0: Mayor, Couucil member, P\.",urlll Co=i""iellet, M=b.,. of a
be:::rd. =o~""io~ or committee cftlle Ci~, amployCl;, or $wfmembers.
..
!~~:Ilo!:)'\f\l~lrd",_,r.at1:JtI~J.l)4)
~:;r_.. 1)'m'I,el'ln J HI_I
."".",...'1-.......
4-5
EXHIBIT ~
RECORDJNG REQUESTED BY
AND WHEN RECORDED RETURN TO:
City Clerk
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a conveyance to
a public agency for less than a fee interest for
which no cash consideration has been paid or
received.
(ABOVESPACEFORRECORDER'SUSE) oR 405 F
GRANT OF EASEMENTS, LICENSE AND MAINTENANCE
AGREEMENT
CHULA VISTA TRACT NO. 02-03
MCMILLIN OTAY RANCH VILLAGE 6
R-IO
(DEDICATED EASEMENTS)
This GRANT OF EASEMENTS, LICENSE AND MAll'lTENANCE AGREEMENT
("Agreement") is made as ofthislL, day of DC~'of V' ,200jp:, by and between the CITY OF
OlliLA VISTA, a municipal corporation ("City"), and TREVIANA AT LOMAS VERDES
HOMEOWNERS ASSOCIATION, a California nonprofit mutual benefit corporation ("ROA").
RECITALS
A. This Agreement concems and affects certain real property located in Chula Vista,
California, more patiicularly described in Exhibit A attached hereto and incorporated herein
("Property"). The Propeliy has been developed as a planned residential development project cOlmnonly
known as "Treviana at Lomas Verdes". The Propeliy is operated and managed by the BOA.
B. The Property is covered by that the certain final map(s) (the "Final Maps") described
on Exhibit" A" attached hereto and referenced ill the title to this Agre=ent.
C. The Parcels shown on Exhibit "B" attached hereto describe those particular areas
which were dedicated to the public on one or more of the Final Maps but which include landscaping
and drainage improvements required by the City to be maintained by the HOA. The public areas to
be maintained by the BOA are collectively refelTed to as the "ROA Maintained Public Areas."
Trel'iana at Lomas Verdes
Grant of Easements, Licen~e and Maintenauce A!;reement
GELMA.V6.R-J Q.8scp06.wpd
1
9/&/06
4-6
.~/~.--
D. The City desires to grant to HOA easements for landscape maintenance purposes upon,
over and across the HOA Maintained Public Areas as shown on ExhibIt "B".
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties
agree as set forth below.
1. Grant of Easements. The City hereby grants to HOA and its agents, successors and
assigns, non-exclusive easements andrigbts-of-way over and across the HOA Maintained Public Areas
for the pmpose of maintaining, repairing and replacing landscaping improvements located thereon.
These grants are made without anywan-anties of any kind, express or implied, other than the warranty
stated in Paragraph 14(f) below.
2. Maintenance Obligations
(a) HOA to Maintain. HOA hereby covenants and agrees, at its sole cost and
expense, to maintain, repair and replace, or cause to be maintained, repaired orreplaced, those
improvements within the HOA Maintained Public Areas which are described on Exhibit "C"
attached hereto, at a level equal to or better than the level of maintenance which is acceptable
to the Director of Public Wodes Operations, at hislher discretion and equivalent to City or
COlmunity Facilities District maintained rigbt-of-way facilities. For purposes of this
Agreement, the term "Maintenance" or "Maintain" shall mean the maintenance, repair, and
replacement obligations deseribed herein and on Exhibit" C" hereto and shall also include
repair and replacement at no cost to the City of anyCity owned property that is damaged dUIing
perfonnance of the maintenance responsibilities pursuant to this Agreement. Exhibit "C"
also refers to the maintenance responsibilities of the City.
(b) Authorization. This Agreemeuthas been approved bytbe appropriate governing
body of the HOA by resolution or similar procedural method and approved as to form by the
City Attorney.
( c) Release. The HOA shall not seek to be released by City from the maintenance
obligations of this Agreement, without the prior consent of City and one hundred percent (100%)
of the holders of first mortgages or owners of the Property.
3. BOA's Insurance. HOA agrees to procure and fonnally resolves to maintain at its
sole cost and expense, commencing no later than the date that the landscape architect of record has
submitted a letter of substantial confonnance pertaining to work being completed within the HOA
Maintained Public Areas to the General Services Department and the General Services Department
Director or his designee has deemed the work complete and satisfactory, a policy of public liability
insurance that would include, but is not liluited to the following:
(a) General Liability Insurance. HOAshall obtain a comprehensive general liability
and property damage insurance policy insuring HOA against liability incident to ownership or use
of the Property. The limits of such insurance shall not be less than $3 Million covering all claims
Trel'iana at Lama"" Verdes
Grant of Easements, Li~el1se and Maintenance Agreement
GELMA. V6.R-J O.8sep06.wpd
2
9/8/06
4-7
for death, personal injury and property damage 3lising out of a single occurrence. The insurer issuing
such insurance shall have rating by A.M. Best "A, Class V" or better with modified occurrences and
as admitted by Best's Insurance Guide_ Such insurance shall include the following additional provisions
provided they are available on a co=erciallY reasonable basis:
(i) The City ofChula Vista shall be named as an additionally insured party to such
insurance pursuant to the City's requirements HOA do so;
(ii) The policy shall not contain a cross-suit exclusion clause which would abrogate
coverage should litigation ensue between insureds and;
(ui) The policy shall contain the following severability clause (or language which
is substantially the s3ll1e): "The coverage shall apply separately to each insured
except with respect to the limits of liability."
(b) HOA shall provide the City with a Certificate of Insurance upon procurement
of the policy as set forth above.
4. Indemnity bv HOA. The HOA shall defend, indemnify, and hold harmless the City,
its officers, agents and employees, from any and all actions, suits, claims, damages to persons or
propeliy, costs including attorney's fees, penalties, obligations, errors, omissions, demands, liability,
or loss of any sort (herein "claims or liabilities"),which result from the HOA's failure to comply
with the requirements of the obligations of this Agreement. It is specifically intended that the City
shall have the right to enforce this Indemnity. This Indemnity may not be 3ll1ended without the written
consent of the City Director of Planning and Building or City Attorney.
5. Agreement Binding Upon Any Successive Parties. This Agreemeut shall inure to
the benefit of the successors, assigns and interests of the p311ies as to any or all of the Property.
6. Agreement Ruus With the Land. The burden of the covenants contained in this
Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns, and
any successor-in-interest thereto. The City is deemed the beneficiary of such covenants for and in
its owo right and for the purposes of protecting the interest of the co=unity and other parties, public
or private, in whose favor and for whose benefit such covenants rurming with the land have been
provided, without reg31-d to whether the City has been, remained or are owoers of any particular land
or interest therein. If such covenants are breached, the City shall have the right to exercise all rights
and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to
enforce the curing of such breach to which it or any other beneficiaries of this Agreernent and the
covenants may be entitled.
7. Governine: Law. 111is Agreement shall be governed and constrned in accordance with
the laws of the State of California.
Trf!vimw at Lomas VarJeI'
Grant of Easements, Li~ense and Maintemmce Agreement
GEL!\.1A.V6.R-J Q,Bsep06.wpd
3
9/8/06
4-8
8. Effective Date. The terms and conditions of this Agreement shall be effective as of
the date this Agreement is recorded in the Official Records of the San Diego County Recorder's Office.
9. Counterparts. TIlls Agreementmay be executed in any number of counterparts, each
ofwlllch shall be original and all ofwlllch shall constitute one and the same document.
10. Recording. The parties shall cause this Agreement to be recorded in the Official Records
of the San Diego County Recorder's Office within thirty (30) days after this Agreement has been
approved by the City Council.
11. MisceIlaneons Provisions.
(a) Notices. Unless otherwise provided in this Agreement or by law, any and all
notices required or permitted by this Agreement or by law to be served on or delivered to either
party shall be in writing and shall be deemed duly served, delivered and received when
personally delivered to the party to whom it is directed or, in lieu thereof, when three (3)
business days have elapsed following deposit in the United States mail, certified or registered
mail, return receipt requested, first-class postage prepaid, addressed to the address indicated
in this Agreement. A party may change such address for the purpose of this Paragraph by
giving written notice of such change to the other party.
liTo City:
City of Chula Vista
Department of Public W orks/Engineering Division
276 Fourth Avenue
Chula Vista, CA 91910
Attn: City Engineer
liTo HOA:
Treviana at Lomas Verdes Homeowners Association
c/o NNJaeschke
9610 Waples
San Diego, CA 92121-2992
Attn: Chris J aeschke
(b) Captions. Captions in this Agreement are inserted for convenience of reference
and do not defIne, describe or limit the scope or intent of this Agreement or any of its terms.
(c) Entire Agreement. This Agreement, together with any other written document
referred to herein, embody the entire agreement and understanding between the parties regarding
the subject matter hereof, and any and all prior or contemporaneous oral or written
representations, agreements, understandings and/or statements shall be of no force and effect.
Trl!l'iclIw 01 Loma~' Verdes
Grant ofEllSelneuts, License and Maintenance Agreement
GELMA.VG.R-IO.8sep06.wpd
4
9/8/06
4-9
This Agreement is not intended to supersede or amend any other agreement between the parties
unless expressly noted.
(d) Recitals; Exhibits. Anyrecitals set forth above and any attached exhibits are
incorporated by reference into tbis Agreement.
(e) Compliance With Laws. In the performance of its obligations under this
Agreement, HOA, its agents and employees, shall complywith any and all applicable federal,
state and locallllles, regulations, ordinances, policies, permits and approvals.
(f) Authority of Signatories. 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 and/or other actions have
been taken so as to enable said signatory to enter into this Agreement.
(g) Modification. Tbis Agreement may not be modified, terminated orrescinded,
in whole or in part, except by written instrument duly executed and acknowledged by the parties
hereto, their successors or assigns, and duly recorded in the Official Records ofthe San Diego
County Recorder's Office.
(h) Severability. If any term, covenant or condition of this Agreement or the
application thereof to any person or circumstance shall, to any extent, be invalid or
unenforceable, the remainder of this Agreement, or the application of such term, covenant
or condition to person or circumstance, shall not be affected thereby and each term, covenant
or condition shall be valid and be enforced to the fullest extent permitted by law.
(i) Preparation of Agreement. No inference, assumption or presumption shall
be drawn from the fact that a party or its attorney prepared and/or drafted this Agreement.
It shall be conclusively presumed that both parties participated equally in the preparation and/or
drafting of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year [l1"8t set forth above.
CITY OF CHULA VISTA, a municipal corporation
By:
Attest:
Cheryl Cox, Mayor
Susan Bigelow, City Clerk
Trel'iulll1 al Lomus Verdes
Grunt of Easements, License and Maintenance Agreement
GELMA.V6.R-J Q.8sep06.wpd
5
9/8/06
4-10
APPROVED AS TO FaRlY[:
By:
Ann Moore, City Attorney
TREVlANAATLOMAS VERDES HOMEOWNERS
ASSOCIATION,
a California nonprofit mutual benefit corporation
~itl~~
~.i_0<-..t ../0t.
Title S -'<- "- r e. J.-~ " Y
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On Oct-Oo, , 200 G , before me, \ lSe. 6-:lv-(..\
Notary Public in and 'for said State, personally appeared vc;
,
pgr~Qmlly k"gn"Il tg me (or proved to me on the basis of satisfactory evidence) to be the person~
whose name(s) is/_ subscribed to the within instrument and acknowledged to me that he;'-hc/rhey
executed the same in bis/1) p,-l1-h eir authorized capacity(ie5), and that by his!h~ signaturehDon
the instmment, the personCp1, or the entity upon behalf of which the person~) acted, executed the
instrument
WITNESS my hand and official seal.
Signature
"~"i ~~A' 6~Glv .
(Seal)
l@"ILSEGARCIAGUIDO j
, i...... COMM, #1458259 '
() . NOTAHY PJ311C CACI'cR\IA ()
~ " ' , SAN DI,GC CeNT':' ~
r .... .. -'1: -... ~< ....~"I
l' MY CQ'IM :X.i,," Ce.. Or oc. I
Tr~"i'lIw at LomaJ' Verde.!'
Gron! af Easements, License llnd Maintenance Agreement
GELMA. V6.R-1 O,Bsep06.wpd
6
9/8106
4-11
STATE OF CALIFORNIA 1
) ss.
COUNTY OF SAN DIEGO )
On ,)dobe-v /I ,200U.,beforeme, ilSE 6:"/r-c\n GwJo, rJ;kwJeblt~
Notary Public in and for said State, personally appeared D, A. (....rL~\'Y)
,
persauo,]..)' lffi6Wft te me (or proved to me on the basis of satisfactory evidence) to be the person~
whose name~) is/_ subscribed to the within instrument and acknowledged to me that he/oke/1:fiEJ
executed the same in his/her,'1;aeir authorized capacity~ and that by his/hs;:/j;fleilc signature(81' on
the instrument, the person(lf5, or the entity upon behalf of which the personC1l acted, executed the
instrument.
WITNESS my hand and official seal.
Signature ,AjpJ E'xt')(,~, &~:4,
i
(Seal)
1@.."..ILSEGARCIAGUIDO J
O.i . COMM. #1458259 --,
O ~IJTAHY PU3L1C. CAClfJRNIA 00
. . SAN DiEGC CCUNTY
r- . ''''"\ (;"'1 ~r-"'M'"('7'''
I M(,.o~IM..X,'.,b ..,... d~:':!J
TreviUlIU III Lamas Verde~'
Grant of Easements, License nnd Maintenance Agreement
GELMA.V6.R-IO.8sep06.wpd
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4-12
J#13715
EXHIBIT "A"
MASTER HOME OWNERS ASSOCIATION
MAINTA1NED PUBLIC AREAS'
Parcel "A~l
That portion of Well brook Street as dedicated to public use on Chula Vista Tract No. 02-03
McMillin Otay Ranch Village 6, R-6, Map No. 14495. Shown as Parcel "A" on Exhibit "B."
4-13
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CITY OF CHULA VISTA TRACT 02-03
McMIWN OTAY RANCH VILLAGE 6, 'A'MAP
MAP NO. 14432
LOT 7
SHEET 1 OF 1
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4-14
EXHIBIT "C"
Maintenance Responsibilities
City ofChula Vista
Area HOA Maintenance Maintenance
Parkways within those Landscaping in the Maintenance of curb, gutter,
portions of those public parkways including sidewalks and pavement.
road shown on Exhibit "B." irrigation, tlirmning and
pruning of trees, and
maintenance and irrigation
of turn areas.
4-15
RESOLUTION N0.2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE GRANT OF EASEMENTS,
LICENSE AND MAINTENANCE AGREEMENT FOR CHULA
VISTA TRACT NO. 02-03,MCMILLINOTAYRANCHVILLAGE
SIX, NEIGHBORHOOD R-l 0 AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT
WHEREAS, Chula Vista Tract 02-03, McMillin Otay Ranch Village Six,.
Neighborhood R-l 0 is an 11. 73-acre project consisting of 212 residential condominium units; and
WHEREAS, on August 27, 2002, by Resolution 2002-347, Council approved the
Final Map and associated agreements for Chula Vista Tract No. 02-03, McMillin Otay Ranch Village
Six; and
WHEREAS, the Grant of Easements, License and Maintenance Agreement for
McMillin Otay Ranch Village Six Neighborhood R-lO, sets forth the Treviana at Lomas Verdes
Homeowner's Association obligations to maintain certain improvements located in the public right
of way; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista
does hereby approve the Grant of Easements, License and Maintenance Agreement for the grant of
easements, license and maintenance for Chula Vista Tract No. 02-03 McMillin Otay Ranch Village
Six Neighborhood R-lO. Copies of which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the CityofChula Vista is hereby
authorized to execute said Agreement on behalf of the City of Chula Vista.
Presented by
Approved as to form by
Scott Tulloch
Director of Engineering
H: IENGINEERlRESOSIResos200611 2-1 9-06lGrants of easements forOtay Ranch Village 6. R-IO.doc
4-16
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
/
/"
)
Date{ .
Grant of Eas ments, License and Maintenance
Agreement
Chula Vista Tract No. 02-03
McMillin Otay Ranch Village 6
R-10
(Dedicated Easements)
4-17
RECORDING REQ1JESTED BY
AND W1IEN RECORDED RETIJRN TO:
City Clerk
City of Chllla Vista
276 Fourth Avenue
Chllla Vista, CA 91910
No transfer ta;r; is due as this is a conveyance to
a public agency for less than a fee interest for
which no cash consideration has been paid or
received.
(ABOVE SPACE FOR RECORDER'S USE) O?. 405 F
GRANT OF EASEMENTS, LICENSE AND MAINTENANCE
AGREEMENT
CHULA VISTA TRACT NO. 02-03
MCMILLIN OTAY RANCH VILLAGE 6
R-IO
(DEDICATED EASEMENTS)
This GRANT OF EASEMENTS, LJCENSE AND MAINTENANCE AGREEMENT
("Agreement") is made as oftbisl..L day of () c-\1,'ol' ( ,2001:, by and between the CITY OF
CHULA VISTA, a municipal corporation ("CitY"), and TREVIANA AT LOMAS VERDES
HOMEOWNERS ASSOCiATION, a California nonprofit mutual benefit corporation ("ROA").
RECITALS
A. This Agreement concerns and affects certain real property located in Chula Vista,
California, more pmucularly described in Exhibit A attached hereto and incorporated herein
("Property"). The Property has been developed as a planued residential development proj ect co=only
known as "Treviana at Lomas Verdes". The Property is operated and managed by the HOA.
B. The Property is covered by that the certain final map(s) (the "Final Maps") described
on Exhibit "A" attached hereto and referenced in the title to this Agreement.
C. The Parcels shown on Exhibit "B" attached hereto describe those patiicular areas
which were dedicated to the public on one or more of the Final Maps but which include landscaping
and drainage improvements required by the City to be maintained by the HOA. The public areas to
be maintained by the HOA are collectively refelTed to as the "BOA Maintained Public Areas."
Treviull{l alLam/IS Verdes
Grant of Easeme!ll~, Lic::mse and Maintenance Agreement
OELMf'.... V6.R- j O.8sep06.wpd
1
9/8/06
4-18
D. The City desires to grant to HOA easements for landscape maintenance purposes upon,
over and across the HOA Maintained Public Areas as shown on Exhibit "B".
NOW, THEREFORE, in consideration 0 f the mutual covenants herein contained, the parties
agree as set forth below.
1. Grant of Easements. The City hereby grants to HOA and its agents, successors and
assigns, non-exclusive easements and rights-of-way over and across the HOA Maintained Public Areas
ror the purpose or maintaining, repairing and replacing landscaping improvements located thereon.
These grants are made without anywarranties of any kind, express or implied, other than the warranty
stated in Paragraph 14(f) below.
2. Maintenance Obligations
(a) HOA to Maintain. HOA hereby covenants and agrees, at its sole cost and
expense, to maintain, repair and replace, or cause to be maintained, repaired orreplaced, those
improvements within the HOA Maintained Public Areas which are described on Exhibit "e"
attached hereto, at a level equal to or better than the level of maintenance which is acceptable
to the Director of Public Works Operations, at his/her discretion and equivalent to City or
Co=unity Facilities District maintained right-or-way facilities. For purposes of this
Agreelnent, the tenn "Maintenancell or "Maintain!! shall mean the maintenance, repair, and
replacement obligations described herein and on Exhibit "C" hereto and shall also include
repair and replacement at no costto the City of anyCity owned property that is damaged during
performance of the maintenance responsibilities pursuant to this Agreement. Exhibit" C"
also refers to the maintenance responsibilities of the City.
(b) Authorization. This Agreement has been approved by the appropriate governing
body of the HOA by resolution or similar procedural method and approved as to form by the
City Attomey.
( c) Release. The HOA shall not seek to be released by City from the maintenance
obligations oftbis Agreement, without theprior consent of City and one hundred percent (1 00%)
of the holders offust mOltgages or owners of the Property.
3. HONs Insurance. HOA agrees to procure and formally resolves to maintain at its
sole cost and expense, co=encing no later than the date that the landscape architect of record has
submitted a letter of substantial confonnance pertaining to work being completed within the HOA
Maintained Public Areas to the General Services Department and the General Services Department
Director or his designee has deemed the work complete and satisfactory, a policy of public liability
insurance that would include, but is not limited to the following:
(a) General Liability Insurance. HOA shall obtain a comprehensive general liability
and property damage insurance policy insuring HOA against liability incident to ownership or use
of the Property. The limits of such insurance shall not be less than $3 Million covering all claims
TI"!11'iana at Lomas r'erdes
GJ'lInt of Easements, License und Maintenance Agreement
GELMA. V6.R. J O.8sep06.wpd
2
9/8/06
4-19
for death, personal injury and property damage arising out of a single occurrence. The insurer issuing
such insurance shall have rating by A.M. Best "A, Class V" or better with modified occurrences and
as admitted by Best's insurance Guide. Such insurance shall include the following additional provisions
provided they are available on a co=ercially reasonable basis:
(i) The City ofChula Vista shall be named as an additionally insured party to such
insmance pursuant to !be City's requirements HOA do so;
(ii) The policy shall not contain a cross-suit exclusion clause which would abrogate
coverage should litigation ensue between insureds and;
(iii) The policy shall contain the following severability clause (or language which
is substantially the same): "The coverage shall apply separately to each insured
except with respect to the limits of liability."
(b) HOA shall provide the City with a Certificate of Insurance upon procurement
of the policy as set forth above.
4. lndemnitv bv BOA. The HOA shall defend, indemnify, and hold harmless the City,
its officers, agents and employees, from any and all actions, suits, claims, damages to persons or
property, costs including attorney's fees, penalties, obligations, errors, omissions, demands, liability,
or loss of any sort (herein "claims or liabiIities"),which result from the HOA's failure to comply
with the requirements of the obligations of this Agreement. It is specifically intended that the City
shall have the right to enforce this Indemnity. This Indemnitymaynot be amended without the written
consent of the City Director of Planning and Building or City Attorney.
5. Agreement Binding Upon Any Successive Parties. This Agreement shall inure to
the benefit of the successors, assigns and interests of the parties as to any or all ofthe Property.
6. Agreement Runs With the Land. The burden of the covenants contained in this
Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns, and
any successor-in-interest thereto. The City is deemed the beneficiary of such covenants for and in
its own right and for the purposes of protecting the interest of the co=unityand other parties, public
or private, in whose favor and for whose benefit such covenants running with the land have been
provided, without regard to whether the City has been, remained or are owners of any particular land
or interest therein. If such covenants are breached, the City shall have the right to exercise all rights
and remedies and to m~intain any actions or suits at law or in equity or other proper proceedings to
enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the
covenants may be entitled.
7. Governin!! Law. This Agreement shall be governed and consillled in accordance with
the laws of the State of California.
TrevinfJa at Lomas Verdes
Grunt Df Ensc:nents, License and Maintenance Agreement
GELMA.VG.R.[ O.a~ep06.w!Jcl
3
9J8J06
4-20
8. Effective Date. The terms and conditions of this Agreement shall be effective as of
the date tlus Agreement is recorded in the Official Records of the San Diego County Recorders Office.
9. Counterparts. This Agreement may be executed in any number of counterparts, each
of which shall be original and all of which shall constitute one and,fue same docmnent.
- ,
10. Recording. The parties shall cause this Agreement to be recorded in the Official Records
of the San Diego County Recorder's Office wifuin thirty (30) days after this Agreement has been
approved by the City Council.
II. Miscellaneous Provisions.
(a) Notices, Unless otherwise provided in this Agreement or by law, any and all
notices required or permitted by this Agreement or by law to be served on or delivered to either
party shall be in writing and shall be deemed duly served, delivered and received when
personally delivered to fue party to whom it is directed or, in lieu thereof, when three (3)
business days have elapsed following deposit in the United States mail, certified orregistered
mail, retmn receipt requested, first-class postage prepaid, addressed to fue address indicated
in this Agreement. A party may change such address for the purpose of this Paragraph by
giving written notice of such change to the ofuer party.
liTo City:
City of Chula Vista
Department of Public Works/Engineering Division
276 F ourth Avenue
Chula Vista, CA 91910
Attn: City Engineer
liTo HOA:
Treviana at Lomas Verdes Homeowners Association
c/o NNJaeschke
9610 Waples
San Diego, CA 92121-2992
Attn: Chris J aeschke
Co) Captions. Captions in this Agreement are inserted for convenience of refereoce
and do not defIne, describe or linlit the scope or intent of this Agreement or any of its terms.
(c) Entire Agreement. This Agreement, together with any otherwritteo docmnent
refelTed to herein, embody the entire agreement and understanding between fue parties regarding
fue subject matter hereof, and any and all prior or contemporaneous oral or written
representations, agreements, understandings and/or statements shall be of no force and effect.
Trel'iaml al Lomas Vf!rdes
Or-ml ofEas~menrs, License and M:lintcnancc Agreement
GELMA. YG.R-I O.SsepQ6.wpd
4
9/8/06
4-21
This Agre=ent is not intended to supersede or amend any other agre=ent between the parties
unless expressly noted.
(d) Recitals; Exhibits. Anyrecitals set forch above and any attached exhibits are
incorporated by reference into this Agreement.
(e) Compliance With Laws. In the performance of its obligations under this
Agreement, HOA, its agents and=ployees, shall complywith any and all applicable federal,
state and localmles, regulations, ordinances, policies, permits and approvals.
(f) Authority of Signatories. 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 Agreemeut, and that all resolutions and/or other actions have
been taken so as to enable said signatory to enter into this Agreement.
(g) Modification. This Agreement may not be modified, terminated orrescinded,
in whole or in part, except by written instrument duly executed and acknowledged by the parties
hereto, their successors or assigns, and duly recorded in the Official Records ofthe SanDiego
County Recorder's Office.
(h) Severability. If any term, covenant or condition of this Agreement or the
application thereof to any person or circumstance shall, to any extent, be invalid or
unenforceable, the remainder of this Agreement, or the application of such term, covenant
or condition to person or circumstance, shall not be affected thereby and each term, covenant
or condition shall be valid and be enforced to the fullest extent permitted by law.
(i) Preparation of Agreement. No inference, assumption or presumption shall
be drawn from the fact that a paTty or its attorney prepared and/or drafted this Agreement.
It shall be conc1usivelypresumed that both parties participated equally in the preparation and! or
drafting of this AgTeement.
IN WITNESS 'VHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first set forth above.
CITY OF CHl.JLA VISTA, a municipal corporation
By:
Attest:
Cheryl Cox, Mayor
Susan Bigelow, City Clerk
[,'eviUIIU at LOIJw~' Verdes
GrJnt afEusements, :,icense lnd MaintcOllDce Agreement
GElJ.IrL.\. V6.R-l O.8sep06. wpd
<
"
918/06
4-22
TREVlA.t'lAA TLOMAS VERDES HOMEOWNERS
ASSOCIATION,
a California nonprofit mutual benefit corporation
Bya~
Titl~F~"-,,...r .
~..i_,--,-{
Title S"'-~r",-}..~,',V
1.
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STATE OF CALIFORNIA )
) ss,
COUNTY OF SAN DIEGO )
On O(~Oio, , 200 lo , before me, \ ~e C::ZI\'C\,^, hI-Irk, ~--b"A'RJoL c ,
Notal')' Public in and 'for said State, personally appeared 0(;\(\" VcJ'h"t)ll'Y) I I '
penQJ),lly i<nQ"'l:: t9 me (or proved to me on the basis of satisfactory evidence) to be the persont;gf
whose n3lneks) is/ars subscribed to the within instrument and acknowledged to me that he/,,-h~itll~y
executed the S3lne in hisl1,prlth.ir authorized capacity(i2s), and that by his/h~ signature(s) on
the instlllment, the personCy), or the entity upon behalf of which the person~) acted, executed the
instmment
WITNESS my hand and official seal,
Signature
,>-~"'2 hll';A' b~lc~
(Seal)
1 @ILSE GARCIA GUIDO I,
I .... '."j' COMM. #14582:8 ..,
()() , ' NQ7.\cY ''J 3 LlC- CA'.",,\I,A g
L. fo:: . .'.. SAN :'ltGC:C~I{i\t )
r ,.,,, . ~Y""'''''~. r." ~~ '"'''7'''
J '.' MY'A,I,I 0,'''''' .o~" ", I
Trl!lIi,mo alLomo.l' Verde:.'
Grant Jf Ea~elUc:nts, Lic::n.se rlnd Maimenance Agreement
GELMA. V6.R-1 a.8sep06.wpd
6
9/8/06
4-23
STATE OF CALIFORNIA )
) ss.
COUNTY OF SA,N DIEGO )
On I:::. tv bey II , 200 Lv , before me, i LS t:
."
Notary Public in and for said State, personally appeared l!,
tC1\"LW' 0tu.clc
., .
Pi. (4YCK--:C--Irrl
I-J-,-k,y E~i~~
I
,
personall;'lffiB ",1 ts me (or proved to me on the basis of satisfactory evidence) to be the personi)r)
whose name~) is/_ subsclibed to the within instrument and acknowledged to me that he/she,'moy
executed the same in his/h@r'thsIT authorized capacityC~ and that by his/h@ri~ei:r signature(~ on
the instmment, the person(,,:l, or the entity upon behalf of which the person(~) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature ,AJhi ~'>L~\ &:cle
(Seal)
1@.... ILSEGARCIAGU100 ~
8 ........j" "'IJTA~~~'~L~I.4~:3~5RNIA 8
I- '" SAN :JiEGC CC'~NIY
, \ \ "" ~ \.1 ,...v........, c:!"' - ~ ~" ""r. .,......
1 . .,\1 ('vv,,,M. ':^1"I;"\Ew ~;:'"'- '::J~~
TreviCl/lU at Lomas Verdes
Gmnt of Ease merits, License aud Maintenance Agreement
GELMA.V6.R.la.8sep06.wpd
7
'1/8/06
4-24
J#13715
EXF.lBIT "A"
.tv1ASTER HOME OWNERS ASSOClA.TWN
MAINTAINED PUBLIC AREAS'
Parcel "A"
That portion of Well brook Street as dedicated to public use on Chula Vista Tract No. 02-03
McMillin Otay Ranch Village 6, R-6, Map No. 14495. Shown as Parcel "A" on Exhibit "B."
4-25
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CIIY OF CHULA VISTA TRACT 02.03
McMIWN OTAY RANCH VILLAGE 6, 'A'MAP
MAP NO. 14432
LOT 7
SHEET 1 OF 1
4-26
EXHlBIT "c"
Maintenance ResPoIlBibilities
, City of Chula Vista
Area HOA Maintenance Maintenance
Parkways within those Landscaping in the Maintenance of curb, gutter,
portioIlB of those public -parkways including sidewalks and pavement.
road shown on Exhibit "B." irrigation, trimming and
pruning of trees, and
maintenance and irrigation
oftum areas.
4-27
COUNCIL AGENDA STATEMENT
Item >;
Meeting Date 12/19/06
ITEM TITLE: Ordinance Adopting a City Council Policy Regarding Reimbursement
of Expenses Incurred by Legislative Body Members.
SUBMITTED BY: City Attorney 0- tNi\
REVIEWED BY: City Attorney
(4/5ths Vote: Yes: _ No:...xJ
BACKGROUND:
Recent California state legislation (Assembly Bill No. 1234, Chapter 700, effective January I,
2006, and codified at Government Code 9953232 through 53232.4) requires cities to adopt a
written policy regarding expense reimbursements paid to legislative body members. That
legislation specifically provides that its provisions apply to charter cities. [Cal. Gov't. Code
93232(c).] In the event that the provisions of Assembly Bill No. 1234 could be constitutionally
applied to charter cities, this expense reimbursement policy satisfies the requirements of that
legislation.
RECOMMENDATION: That Council adopt the Ordinance and schedule its second reading at
the next regular meeting of the City Council.
BOARDS/COMMISSIONS RECOMMENDATIONS: None.
DISCUSSION:
Introduction
On January I, 2006, Assembly Bill 1234 ("AB 1234") became effective. AB 1234 requires
California local agencies to adopt policies relating to reimbursing members of local legislative
bodies for expenses incurred in performing their official duties. That legislation specifically
provides that its provisions apply to charter cities. [Cal. Gov't. Code 9 53232(c).]
As a charter city, the City of Chula Vista ("City") has been granted plenary "home rule"
authority over local "municipal affairs," pursuant to California Constitution article XI, section 5.
The City exercises this authority over issues related to the compensation of City officers and
employees. The Charter of the City of Chula Vista (the "City Charter") allows the City to
reimburse expenses incurred by the Mayor and City Council members [see, City Charter 99302
and 304(c)], and by board and commission members, when authorized by the City Council [see,
City Charter 960I(b)].
In the event that the provisions of AB 1234 could be constitutionally applied to charter cities,
this expense reimbursement policy adopted by this ordinance satisfies the requirements of that
J:lAttomey\JILLM\AB1234- Agenda Statement.doc
5-1
Page 2, Item
Meeting Date
5
12/19/06
legislation.
The Policv
The expense reimbursement policy to be adopted by this ordinance (the "Policy") applies to any
"member" of a "legislative body," as defined by the Brown Act, and to each appointed member
of a Board or Commission, to the extent that prior approval for the expense reimbursement has
been approved by the City Council (collectively, "Members"). The Policy, consistent with AB
1234, requires Council Members to complete expense reports, and submit receipts for all actual
and necessary expenses for which the Member seeks reimbursement from the City. For expenses
not authorized by the Policy, the Member must obtain authorization from the City Council, prior
to the expense being incurred.
The Policy also requires Members with City-issued credit cards to comply with the Policy with
respect to charges made on the credit card, including submission of receipts documenting the
charges. In addition, the Policy requires Members to complete and submit expense reports,
accompanied by receipts, for all expenses for which the Member requests reimbursement from
the City. Finally, the Policy incorporates the AB 1234 requirement that any Member who attends
a Brown Act meeting at the expense of the City must report on the meeting at the next City
Council meeting.
ENVIRONMENTAL DETERMINATION:
The Enviromnental Review Coordinator has reviewed the proposed activity for compliance with
the California Enviromnental Quality Act (CEQA) and has determined that the activity is not a
"Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to
Section 15060 (c)(3) ofthe State CEQA Guidelines the activity is not subject to CEQA.
Although enviromnental review is not necessary at this time, once a project has been defined,
enviromnental review will be required and a CEQA determination completed prior to
commencing any development activities on the subject property.
DECISION MAKER CONFLICTS:
Not Applicable
Staff has reviewed the decision contemplated by this action and has determined that it is not site
specific and consequently the 500 foot rule found in California Code of Regulations section
18704.2(a)(1) is not applicable to this decision.
FISCAL IMPACT:
No material financial impact IS expected as a result of the proposed. recommendation and
compliance with AB 1234.
ATTACHMENTS:
J:\AnomeyVlLLM\ABI234- Agenda Statemenldoc
5-2
Page 3, Item
Meeting Date
I. Council Policy for Reimbursement of Expenses for Legislative Body Members
J:\AttomeyIJILLM\AB1234- Agenda Statement.doc
5-3
5
12/19/06
UBJECT: EXPENSE REIMBURSEMENT FOR
LEGISLATIVE BODY MEMBERS
COUNCIL POLICY
CITY OF CHULA VISTA
POLICY
NUMBER
EFFECTIVE
DATE
PAGE
~DOPTED BY: (Ordinance No.)
I. I -NDED BY: Ordinance No. (date of ordinance)
IDATED:
RACKr.ROlTND
As a charter city, the City of Chula Vista ("City") has been granted plenary "home rule" authority over local
"municipal affairs," pursuant to California Constitution article XI, section 5. The City exercises this authority
over issues related to the compensation of City officers and employees. The Charter of the City of Chula Vista
(the "City Charter") allows the City to reimburse expenses incurred by the Mayor and City Council members
[see, City Charter ~~302 and 304(c)], and by board and commission members, when authorized by the City
Council [see, City Charter ~601(b)].
Recent California state legislation (Assembly Bill No. 1234, Chapter 700, effective January I, 2006, and
codified at Government Code ~~53232 through 53232.4) requires cities to adopt a written policy regarding
expense reimbursements paid to elected and appointed officials. That legislation specifically provides that its
provisions apply to charter cities. [Cal.Gov. Code ~53232(c).] In the event that the provisions of Assembly
Bill No. 1234 could be constitutionally applied to charter cities, this expense reimbursement policy satisfies
the requirements of that legislation.
PTTRPOSR AND SCOPR
The purpose of this policy is to adopt and implement procedures for reimbursing City Council members, and
certain other City officials, for actual and necessary expenses incurred by them in the performance of official
City duties.
This policy applies to any "member" of a "legislative body," as defined by the Brown Act. (See, California
Government Code ~~53232.1 and 54952.) Except that, with respect to expenditures incurred by an appointed
member of a Board or Commission, this policy applies, only to the extent that the expenditures have received
authorization by the City Council.
This policy will use the term "Member" to refer to the Mayor and each member of the City Council. In
addition, to the extent the City Council has approved reimbursement to any Board or Commission member,
such a member shall be entitled to reimbursement for expenses in the same manner as a "Member;" if the
expense has not been authorized by the City Council, the Member is not entitled to reimbursement, pursuant to
the Chula Vista City Charter.
5-4
UBJECT: EXPENSE REIMBURSEMENT FOR
LEGISLATIVE BODY MEMBERS
COUNCIL POLICY
CITY OF CHULA VISTA
POLICY
NUMBER
EFFECTIVE
DATE
PAGE
WOPTED BY: (Ordinance No.)
'~NDED BY: Ordinance No. (date of ordinance)
IDA TED:
POT .TrY
I. GENERAL RULE.
A Member is entitled to reimbursement for actual and necessary expenses incurred in the performance of
official City duties, provided that the amount of the expenses does not exceed: (i) the reimbursement rates set
forth in this policy; or (ii) the amount budgeted for such expenses. If a Member has a question regarding this
policy, or whether a particular expense is reimbursable, the Member is encouraged to contact the Finance
Director, or Assistant Finance Director, before the expense is incurred.
II. EXPENSE CLASSIFICATIONS.
A. Authorized Expenses
City funds, equipment, supplies (including letterhead), titles, and staff time must only be used for
authorized City business. Actual and necessary expenses incurred in connection with the following types of
activities generally constitute expenses authorized for reimbursement, as long as the other requirements of this
policy are met:
1. Communicating with representatives of regional, state and national government on policy matters
adopted by, or of concern to, the City; including, when appropriate and when the communication takes place
over the course of a meal, the purchase of the meal for the representative;
2. Attending educational seminars and conferences designed to 1lllprove Members' skill and
information levels;
3. Participating m regional, state and national organizations whose activities affect the City's
interests;
4. Attending City events;
5. Implementing a City-approved strategy for attracting or retaining businesses to the City, which will
typically involve at least one staff member;
6. Meetings such as those listed above for which a meeting stipend is expressly authorized under this
policy;
7. Organizational memberships and reading and educational materials related to City affairs;
5-5
UBJECT: EXPENSE REIMBURSEMENT FOR
LEGISLATIVE BODY MEMBERS
COUNCIL POLICY
CITY OF CHULA VISTA
POLICY
NUMBER
EFFECTIVE
DATE
PAGE
~OPTED BY: (Ordinance No.)
IA MlfNDED BY: Ordinance No. (date of ordinance)
IDATED:
8. Attending meetings or events at the direction or request of the City Council;
9. Expenses incurred by the Member for which there is a reasonable connection with a policy matter
adopted by, or of concern to the City;
10. Communicating with representatives of business or community interests at the local, regional, state
and national level on policy positions adopted by, or of concern to, the City, including, when appropriate and
when the communication takes place over the course of a meal, the purchase of the meal for the representative.
B. Expenses Requiring Prior Approval
Any expenditures not specified above for which a Member seeks reimbursement from the City, must have
been approved by the City Council prior to the expenses being incurred.
C. Expenses Not Eligible for Reimbursement
Examples of personal expenses that the City will not reimburse include, but are not limited to:
1. The personal portion of any trip;
2. Political or charitable contributions or events;
3. Family expenses, including partner's expenses when accompanymg official on City-related
business, as well as children- or pet-related expenses;
4. Entertainment expenses, including theater, movies (either in-room or at the theater), sporting events
(including gym, massage and/or golf related expenses), or other cultural events;
5. Non-mileage personal automobile expenses, including repairs, traffic citations, msurance or
gasoline; and
6. Personal losses incurred while on City business.
The approving authority should resolve any questions regarding the propriety of a particular type of
expense before the expense is incurred.
III. MEETING STIPENDS
Certain Members may receive a stipend, as authorized by the City or other applicable law, for attendance at
certain meetings. Such compensation is in addi~_% to any reimbursement for meals, lodging, travel and
UBJECT:EXPENSERE~URSEMENTFOR
LEGISLATIVE BODY MEMBERS
COUNCIL POLICY
CITY OF CHllLA VISTA
POLICY
NUMBER
EFFECTIVE
DATE
PAGE
ADOPTED BY: (Ordinance No.)
NDED BY: Ordinance No. (date of ordinance)
expenses consistent with this policy.
IDATED:
IV. COST CONTROL GUIDELINES
To conserve City resources and keep expenses within community standards for public officials, expenditures
should adhere to the following guidelines. In the event that expenses are incurred which exceed these
guidelines, the cost borne or reimbursed by the City will be limited to the costs that fall within the guidelines.
A. Transportation
The most economical mode and class of transportation reasonably consistent with safety, scheduling needs
and cargo space requirements must be used, using the most direct and time-efficient route. Charges for rental
vehicles may be reimbursed under this provision if it is determined that the use of a rental vehicle is more
economical or efficient than other forms of transportation. In making such determination, the cost of the rental
vehicle, parking and gasoline will be compared to the combined cost of such other forms of transportation.
Government and group rates must be used when available.
1. Airfare. Travelers must utilize governmental airfare rates, when available. If no government or
group rate is available, the Member shall make reasonable efforts to obtain the most economical airfares and
the most efficient route. The air travel shall be booked as far in advance as possible, so as to receive the lowest
fares possible. In any event, a Member shall not be entitled to reimbursement for any expenses to the extent
they exceed the cost generally available to the public. When traveling by air, reimbursement shall be
authorized for reasonable and actual costs and gratuities incurred for baggage handling.
2. Automobile.
Each City Council member shall be entitled to an automobile allowance in the amount budgeted
each fiscal year; the City Council has determined that the automobile allowances provided to its members are
beneficial to the public and reasonably reflect actual and necessary expenses incurred by the City Council
members. Each City Council member shall maximize the use of personal automobiles for travel to City
business within San Diego County.
To the extent a City Council member uses his or her personal automobile for travel on official City
duties, that City Council member's sole entitlement to reimbursement for transportation costs shall be limited
to the automobile allowance. However, if a City Council member will be traveling outside San Diego County
on City business, by auto, the member may: (i) elect to use a City pool car or rental car, pursuant to City
policy; or (ii) receive reimbursement at one-half the then-effective Internal Revenue Service rate for mileage
reimbursement, for those miles traveled outside San Diego County, pursuant to City Council policy governing
mileage reimbursement.
5-7
UBJECT: EXPENSE REIMBURSEMENT FOR
LEGISLATIVE BODY MEMBERS
COUNCIL POLICY
CITY OF CHULA VISTA
POLICY
NUMBER
EFFECTIVE
DATE
PAGE
~OPTED BY: (Ordinance No.)
IDATED:
. .~NDED BY: Ordinance No. (date of ordinance)
3. Car Rental. In the event that car rental is determined to be the most efficient or economical mode
of transportation for official duties, the Member shall make reasonable efforts to obtain the most economical
car rental rates. In addition to rental rates, when using a rental car, the following actual and reasonable costs
shall be reimbursable: gasoline, parking, tolls and insurance coverage purchased from the rental agency for
physical damage to the rental car.
4. Taxis/Shuttles. Taxi or shuttle fares may be reimbursed, including a 15 percent gratuity per fare,
when the cost of such fares is equal to, or less than, the cost of car rentals, gasoline and parking combined, or
when such transportation is necessary for time-efficiency or safety.
B. Lodging.
Lodging expenses will be reimbursed or paid for when travel on official City business reasonably requires
an overnight stay. When arranging for lodging, the Member shall make reasonable efforts to ensure that the
most economical mode and class of lodging is used.
1. Conferences/Meetings. If lodging is in connection with a conference, lodging expenses must not
exceed the group rate published by the conference sponsor for the meeting in question if such rates are
available at the time of booking. If the group rate is not available, see next section.
2. Other Lodging. Travelers must request government rates, when available. Lodging rates that are
equal to, or less than, government rates are presumed to be reasonable and hence reimbursable for purposes of
this policy.
If there are no facilities available at the government, or in reasonable and safe proximity to the location, the
Member shall be entitled to reimbursement for the actual costs of lodging that is comparable in location and
quality. In any event, the Member shall not be entitled to reimbursement for any expenses to the extent they
exceed the cost available to the general public.
C. Meals
Meals and associated expenses will be reimbursed based on actual costs, not to exceed the published IRS
per diem rate for the location where the meals are purchased. When the meal function is an organized event
(for example, conferences and other types of activities that fall within the list of "authorized expenditures"
above), the Member shall be reimbursed the amount being charged by the event organizer for the meal. The
City recognizes that the per person cost may exceed the above rates due to additional costs associated with
organizing the event, service charges, and the costs associated with any invited guests.
The City will not pay for alcohol expenses. 5 - 8
UBJECT: EXPENSE REIMBURSEMENT FOR
LEGISLATIVE BODY MEMBERS
COUNCIL POLICY
CITY OF CHULA VISTA
POLICY
NUMBER
EFFECTIVE
DATE
PAGE
ADOPTED BY: (Ordinance No.)
NDED BY: Ordinance No. (date of ordinance)
IDATED:
D. Telephone/Fax/Cellular
Members will be reimbursed for actual telephone and fax expenses incurred on City business.
E. Internet
Members will be reimbursed for actual and necessary costs for Internet access connection and/or usage fees
away from home, ifInternet access is necessary for City-related business.
F. Airport Parking
Actual airport parking expenses will be reimbursed by receipt.
G. Other
To the extent that actual costs incurred in the performance of official duties are actual and necessary but
are not otherwise defined above, the Member shall be entitled to reimbursement for expenses that meet the
guidelines of this policy. In any event, a Council member shall not be entitled to reimbursement for any
expenses to the extent they exceed the cost generally available to the public.
V. CREDIT CARD USE POLICY
Certain Members may be issued City credit cards. Members with City credit cards may only use those cards
for official City business consistent with this expense policy. Each credit card holder will, as a part of that
individual's expense report, document compliance with this expense policy for all charges made on the credit
card.
Receipts documenting expenses incurred on the City credit card and compliance with this policy must be
timely submitted.
VI. EXPENSE REpORTS
A. Content And Submission Deadline
All expenditures, credit card expenses and expense reimbursement requests must be submitted on an
expense report form provided by the City.
Expense reports must document that the expense in question met the requirements of this policy. For
example, if the meeting is with a legislator, the M!f!!Jger should explain whose meals were purchased, what
COUNCIL POLICY
CITY OF CHULA VISTA
UBJECT: EXPENSE REIMBURSEMENT FOR
LEGISLATIVE BODY MEMBERS
POLICY
NUMBER
EFFECTIVE
DATE
PAGE
~OPTED BY: (Ordinance No.)
IDATED:
IUKDNDED BY: Ordinance No. (date of ordinance)
issues were discussed and how those relate to the City's adopted legislative positions and priorities.
Members must submit their expense reports within a reasonable time of an expense being incurred, as
determined by the Finance Director, accompanied by receipts documenting each expense. Restaurant receipts,
in addition to any credit card receipts, are also part of the necessary documentation.
B. Audits of Expense Reports
All expenses are subject to verification that they comply with this policy.
VII. Reports to Governing Board
Any Member who attends a Brown Act meeting at the expense of the City, must briefly report on the meeting
attended at the next City Council meeting.
If multiple Members attended, a joint report may be made. The report may be made orally or in writing or in
writing under the written comments portion of the agenda.
VIII. Compliance with Laws
Members should keep in mind that some expenditures may be subject to reporting under the Political Reform
Act and other laws. All agency expenditures are public records subject to disclosure under the Public Records
Act.
J:\Attomey\JILLI\t1\COUNCIL POLICIES\AB1234 Council Policy--Final.doc
5-10
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA
ADOPTING A CITY COUNCIL POLICY REGARDING
REIMBURSEMENT OF EXPENSES FOR
LEGIS LA TIVE BODY MEMBERS
WHEREAS, the California legislature recently passed AB 1234 which, among
other things, requires cities to implement policies governing expense reimbursement to
legislative body members; and
WHEREAS, as a charter city, the City of Chula Vista ("City") has been granted
plenary "home rule" authority over local "municipal affairs," pursuant to California
Constitution article XI, section 5 and the City exercises this authority over issues related
to the compensation of City officers and employees; and
WHEREAS, the Charter of the City ofChula Vista (the "City Charter") allows the
City to reimburse expenses incurred by the Mayor and City Council members [see, City
Charter 99302 and 304(c)], and by board and commission members, when authorized by
the City Council [see, City Charter 9601(b)]; and
WHEREAS, on its face, AB 1234 applies to charter cities; and
WHEREAS, the City has determined that it would be in its best interests for
public and fiscal policy reasons to adopt a policy governing expense reimbursement of
legislative body members and has prepared such a policy (the "Policy"); and
WHEREAS, the City finds that the Policy complies with AB 1234, in the event
that AB 1234 could be constitutionally applied to charter cities; and
WHEREAS, the Mayor and City Council members currently receive auto
allowances and the City finds that those allowances reasonably reflect actual and
necessary expenses incurred by the Mayor and City Council members, respectively, in
their official City duties, and that those allowances are beneficial to the public; and
WHEREAS, the City Council has considered all information related to this
matter, including that presented by staff, and any information provided during the public
meeting at which this Policy was considered.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as
follows:
Section I:
1. The City adopts the City Council Policy on Expense Reimbursement to
Legislative Body Members, attached as Exhibit 1 to this Ordinance.
J:\AttorneyIJILLM\ORDINANCESIEx:pense reimbursement Policy for Council Members.doc
5-11
Ordinance No.
Page 2
Section II:
adoption.
Presented by
2.
3.
4.
This Policy is adopted pursuant to the City's constitutional home-rule
authority over its municipal affairs related to compensation of City officials
and employees.
The auto allowances paid to the Mayor and City Council members and
incorporated in the Policy reasonably reflect actual and necessary
expenses incurred by the Mayor and City Council members, respectively,
in their official City duties, and that those allowances are beneficial to the
public.
In certain instances, as specified in the Policy, the purchase of meals by
legislative body members for third parties is an actual and necessary expense
of a member's official City duties.
This ordinance shall take effect and be in full force thirty days from its
Approved as to form by
Ann Moore
City Attorney
J:\AttorneyIJILLM\ORDINANCES\Expense reimbursement Policy for Council Members doc
5-12
Item ~
Meeting Date 12/19/2006
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Report Regarding the Development Impact Fee (DIF), Park Acquisition
and Development (PAD) Fee, and Trunk Sewer Capital Reserve Funds for
the Fiscal Year Ended June 30, 2006
SUBMITTED BY:
Director of Finance/Treasure~
Director of Budget and Analysis W
Director of General Services )\ J4-
City Engineer,)i2 . V. .
/(
Interim City Manager if
(4/STHS Vote: Yes_NoX)
REVIEWED BY:
BACKGROUND:
State Government Code Section 66006 requires local agencies assessing Development Impact
Fees (DIF) and sewer capacity charges to make available specified financial data to the public
each fiscal year. These reports satisfy that requirement and have been available in the City
Clerk's office for public review since December 7, 2006. We have also included the report on
Parkland Acquisition and Development (PAD) fees in the same report for ease of reference and
convenience to the public.
Local agencies are also required to make findings every five years for any DIF funds remaining
unexpended that identify the purpose of the fee and demonstrate a reasonable relationship
between the fee and the purpose for which it was charged. This year, there are no unexpended
fees that were on deposit for five or more years.
RECOMMENDATION:
That Council accept the report.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable.
DISCUSSION:
The City of Chula Vista collects several types of Development Impact Fees (DIFs), Parkland
Acquisition and Development fees, and Trunk Sewer Capital Reserve fees, which were assessed
during the fiscal year ending June 30, 2006. The major categories of facilities financed via DIFs
include transportation, traffic signals, pedestrian bridges, drainage, sewer and public facilities.
Development Impact Fees are updated in two manners, either via a comprehensive DIF program
review, or via a Council enacted automatic annual adjustment, based upon an appropriate index.
6,/
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Item t.
Meeting Date 12/19/2006
Two DIF programs were comprehensively updated during the subject fiscal year. The first such
update relates to the Otay Ranch Village 11 Pedestrian Bridge DIF. This fee was increased in
August 2005 from $827 to $1,808.
The second comprehensive DIF program update relates to the City's Transportation Development
Impact Fee (TDIF), which was presented to Council in June 2005. The fees calculated and
presented to Council at that time were predicated upon the pending General Plan Update's
increased land use densities. As such, the fee update could not take effect until final approval of
the General Plan Update. This approval was secured in December of 2005, and the updated
TDIF fees were approved the same evening. This action increased the TDIF from $9,190 to
$10,050 per equivalent dwelling unit (EDU).
In October of 2005, the following automatic index based annual adjustments went into effect:
. Transportation DIF was increased from $8,825 to $9,190 per single-family equivalent
dwelling unit (EDU).
. Traffic Signal fee was increased from $25.59 to $26.65 per average daily vehicle trip to
account for inflation
. Public Facilities fee was increased from $5,480 to $5,489 per single family EDU
. Park and Acquisition fee was increased from $8,771 to $8,962 for Areas West of 1-805
and $8,771 to $16,644 for Areas East ofT-805
Other fees addressed in this report remain at the same rate as the previous fiscal year.
DEVELOPMENT IMPACT FEES
TRANSPORTATION DEVELOPMENT IMP ACT FEE
This fee was adopted on January 12, 1988 by Ordinance 2251 to finance and coordinate the
construction of new transportation facilities so that streets are built when needed. This fee is
applicable to all new development east of 1-805. Prior to the program, streets were built by
developers in a fragmented fashion with 6-lane facilities, necking down to 2-lanes and expanding
back to 6 lanes again. In addition, there was a fairness issue since some developers fronted on
large streets and others did not. Now all developers in the Eastern portion of Chula Vista pay the
same fee per dwelling unit and either the City constructs the street or a developer does. If the
developer constructs the street they will receive a TransDIF fee credit when they apply for a
building permit.
A comprehensive DIF program update was presented to Council in June 2005, recommending
increasing the fee from $8,825 to $10,050 per EDU. Application of the new fees was deferred,
pending approval of the City's General Plan Update. Given the uncertainty of the timing of the
General Plan Update, the fee was also updated using the previously approved automatic
(; - ,)..
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Item f.?
Meeting Date 12/19/2006
inflationary increase in October of 2005. The October 2005 update increased the fee from
$8,825 to $9,190 per EDU. This fee was then modified again, upon approval of the General Plan
Update in December 2005, increasing the fee per EDU from $9,190 to $10,050. The fees for
other land use types, as well as detailed FY06 financial information, are presented in Attachment
A - Schedule I.
TRAFFIC SIGNAL FEE
This fee was adopted to provide for the projected traffic signal needs of the City that result from
increases in traffic volume caused by development. As funds are accumulated they are expended
on traffic signal projects. This citywide fee is assessed per trip generated, and was increased
from $25.59 to $26.65 per trip in October 2005. Detailed FY06 financial information is
presented in Attachment A - Schedule 2.
TELEGRAPH CANYON DRAINAGE DIF
This fee is applicable to all new development within the Telegraph Canyon Drainage Basin and
has remained unchanged since 1998. Detailed FY06 financial information is presented in
Attachment A - Schedule 3.
TELEGRAPH CANYON GRAVITY SEWER DIF
This fee is for the expansion of the trunk sewer within the basin for tributary properties. The fee
has remained unchanged. at $216.50 per EDU since 1998. Detailed FY06 financial information is
presented in Attachment A - Schedule 4.
PUMPED SEWER DIF
This fee was adopted by the City to finance the facilities necessary to the Telegraph Canyon
sewer main due to out-of-basin flows from the Salt Creek Basin. The name was changed from
Telegraph Canyon Sewer Pumped Flows Development Impact Fee to Pumped Sewer
Development Impact Fee due to the addition of Poggi Canyon Basin Sewer Interceptor as one of
the facilities financed by this fee. The fee was repealed in November 2004 under Ordinance
2990-A due to the construction of Salt Creek Trunk Sewer and there is no longer any need to
pump flows out of the Salt Creek Basin. Detailed FY06 financial information is presented in
Attachment A - Schedule 4.
POGGI CANYON SEWER BASIN DEVELOPMENT IMPACT FEE
This fee was adopted to provide the necessary financing to construct a trunk sewer in the Poggi
Canyon Sewer Basin from a proposed regional trunk sewer west of 1-805 along Olympic
Parkway to the boundary of Eastlake. The fee was established at $400 per equivalent dwelling
b-3
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Item (:,
Meeting Date 12/19/2006
unit and has remained unchanged since 1997. Detailed FY06 financial information is presented
in Attachment A- Schedule 4.
SALT CREEK SEWER BASIN DEVELOPMENT IMPACT FEE
This fee was adopted to provide the necessary financing to construct the Salt Creek Interceptor.
This fee is applicable to the Salt Creek Sewer Basin, a portion of the Upper Otay Lake Basin
north of the Salt Creek Sewer Basin, Wolf Canyon Basin, and a portion of the Lower Otay Lake
Basin east of the Salt Creek Sewer Basin. The fee for FY06 was $1,330 per EDU under
Ordinance 2974-A dated August 17, 2004. Detailed FY06 financial information is presented in
Attachment A - Schedule 4.
OTAY RANCH VILLAGE 1,5, & 6 PEDESTRIAN BRIDGE DEVELOPMENT IMPACT
FEE
This fee was adopted to provide the necessary financing to construct the facilities. The fee
remained unchanged in FY06 at $783 per EDU. Detailed FY06 financial information is
presented in Attachment A - Schedule 5.
OTAY RANCH VILLAGE 11 PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE
This fee was adopted to provide the necessary financing to construct four pedestrian bridges in
Otay Ranch Village 11. This fee was increased from $827 to $1,808 per EDU in August of2005.
Detailed FY06 financial information is presented in Attachment A - Schedule 5.
PUBLIC FACILITIES DIF
The Public Facilities DIF is a citywide fee with several components levied to fund that portion of
public facilities projects attributable to new development. The total fee for all components was
increased in October 2005 from $5,480 to $5,489 per EDU. Detailed FY06 financial
information is presented in Attachment A - Schedule 6. The components of the Public Facilities
DIF with the current fees are as follows:
ADMINISTRATION ($149) - Administration of the Public Facilities DIF program,
overseeing of expenditures and revenues collected, preparation of updates, calculation of
costs, etc.
CIVIC CENTER EXPANSION ($1,223) - Expansion of the Civic Center per the Civic
Center Master Plan 1989 to provide sufficient building space and parking due to growth
and development. The Civic Center Master Plan was updated in July 2001 to include the
Otay Ranch impacts.
(,.//
Item
Meeting Date 12/19/2006
b
POLICE FACILITY ($809) - Accommodation of the building space needs per the Civic
Center Master Plan, which included the newly constructed police facility, upgrading of
the communications center and installation of new communication consoles. Also
included is the purchase and installation of a computer aided dispatch system (CAD),
Police Records Management System, and Mobile Data Terminals.
CORPORATION YARD RELOCATION ($717) - Relocation of the City's Public
Works Center from the bay front area to the more centrally located site on Maxwell Road.
LIBRARIES ($845) - Improvements include construction of the South Chula Vista
library and Eastern Territories libraries, and installation of a new automated library
system. This component is based on the updated Library Master Plan.
FIRE SUPPRESSION SYSTEM ($505) - Projects include the relocation of Fire
Stations #3 & #4, construction of a fire training tower and classroom, purchase of a brush
rig, installation of a radio communications tower and construction of various fire stations
in the Eastern section of the City. This fee also reflects the updated Fire Station Master
Plan, which includes needs associated with the Otay Ranch development.
GEOGRAPHIC INFORMATION SYSTEM ($10) - Purchase and installation of a GIS
system for mapping of various base maps and creation of geo-data files to aid in planning
and processing of land developments. This is a joint impetus project, with both a City
and new development share.
COMPUTER SYSTEM EXPANSION ($6) - Purchase and installation of a new
mainframe computer and various enhancements to meet existing and future needs
Citywide for additional memory, storage space, network upgrade and enhanced
processing speed.
TELEPHONE SYSTEM UPGRADE ($5) - Upgrade and expansion of the City's
existing telephone system to accommodate growth, including installation of new conduit,
wiring additional telephone lines, and a voice processing system.
RECORDS MANAGEMENT SYSTEM ($9) - Updating and modernization of the
existing Citywide records system to prepare for anticipated increases in transactions and
volumes of records.
MAJOR RECREATION FACILITIES ($1,211) - New component adopted in
November 2002 to build major recreation facilities created by new development such as
community centers, gymnasiums, swimming pools, and senior/teen centers.
Although the majority of project costs are to be borne by new development, it is important to
6:r-
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Item to
Meeting Date 12/19/2006
note that various components or specific projects within a component contain both a City and
new development cost share. The City share often reflects "joint impetus" projects, which are
necessitated by both growth and non-growth factors and/or the City's obligation to correct pre-
existing space/equipment deficiencies. The PFDIF fees only relate to new development's cost
share for each component.
PARKLAND AOUISITION AND DEVELOPMENT (PAD) FEES
This in-lieu fee was adopted by the City to acquire neighborhood and community parkland and to
construct parks and recreational facilities. The Parkland Acquisition and Development fee was
increased in October 2005 from $8,771 to $8,962 Areas West ofI-805 and $8,711 to $16,644 for
Areas East ofI-805. Detailed FY06 financial information is presented on Attachment B.
TRUNK SEWER CAPITAL RESERVE FEES
This fee was established to pay all or part of the cost and expense to enlarge sewer facilities of
the City so as to enhance efficiency of utilization and/or adequacy of sewer capacity. Detailed
FY06 financial information is presented on Attachment C.
FY06 FINANCIAL INFORMATION
Attachment A, Schedules 1 through 6 reports the required financial information for all DIFs,
other than the Public Facilities DIF. Attachment A, Schedule 6 reports the required financial
information for the Public Facilities DIF and its components. Attachment B reports the required
financial information for the PAD fees. Attachment C reports the required information for the
Trunk Sewer Capital Reserve fees. The schedules contain the following items:
. The beginning balances as of July 1,2005.
. The fees received during the fiscal year ended June 30, 2006.
. Other miscellaneous revenues received during the fiscal year ended June 30, 2006.
. The interest earned from investing the cash balances available in each fund during the
fiscal year ended June 30, 2006.
. The expenditures from each of the funds during the fiscal year ended June 30, 2006.
. A description of each capital project with expenditures funded entirely or in part by
DIF/PAD/Trunk Sewer in FY06 and the percentage of the project funded by this fee
through FY06. More detailed information on any project is available in the annual Capital
Improvement Project (CIP) Budget.
. Information on any loans from DIF /P AD/Trunk Sewer Capital Reserve funds during
FY06.
. The ending balances as of June 30, 2006 for each of the DIF/PAD/Trunk Sewer Capital
Reserve Funds.
. The amount, description and purpose of the fee.
b,~
Item &
Meeting Date 12/19/2006
· An identification of an approximate date by which the construction of the public
improvement will commence.
The ending balances as of June 30, 2006 are in the process of being audited as part of the audit of
citywide financial statements, and are therefore subject to adjustment.
FINDINGS REQUIRED FOR FUNDS IN POSSESSION OVER 5 YEARS
Govermnent Code Section 66001(d) requires the local agency to make findings every five years
with respect to any portion of the DIF fees remaining unexpended to identifY the purpose for
which it was charged. This year the City has no DIF or PAD funds containing monies that have
been on deposit for five or more years.
Copies of this report were sent to the the Building Industry Association of San Diego, the
Eastlake Development Company, the McMillin Companies, the Otay Ranch Company, the Otay
Land Company, Trimark Pacific Homes and Brookfield Homes.
DECISION MAKER CONFLICTS
Not Applicable. Staff has reviewed the decision contemplated by this action and has determined
that it is not site specific and consequently the 500 foot rule found in California Code of
Regulations section I 8704.2(a)(l) is not applicable to this decision.
FISCAL IMPACT:
This is an informational report and there will be no fiscal impact by accepting or rejecting this
report.
ATTACHMENTS
Attachment A - Schedules I through 6: FY06 Financial Information for all DIFs including Public
Facilities DIF
Attachment B - FY06 Financial Information for PAD fees
Attachment C - FY06 Financial Information for Trunk Sewer Capital Reserve fees
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T
COUNCIL AGENDA STATEMENT
Item
Meeting Date 12119/2006
f
Ordinance Amending Section 3.44.120 (Utility Users Tax -
Refunds) of the Chula Vista Municipal Code
SUBMITTED BY: Director of FinancE;ITreasure~
~
REVIEWED BY: City Manager 1/ (4/5ths Vote: Yes _No-X.....)
ITEM TITLE:
RECOMMENDATION: That Council adopt the Ordinance and schedule its second
reading at the next regular meeting of the City Council.
DISCUSSION: Chula Vista Municipal Section 3.44.120 pertains to the refunding of Utility
Users Taxes (UUT). In the case that UUT is overpaid, paid more than once, or collected
erroneously, the City may refund the tax. The current code section allows for such
refunds but does not provide specific procedures or time frames for processing refund
claims. The proposed amendment establishes a one-year claims period for refunds and a
procedure for filing refund claims.
DECISION MAKER CONFLICTS: Staff has reviewed the decision contemplated by this
action and has determined that it is not site specific and, consequently, the 500 foot rule
found in California Code of Regulations section 18704.2(a)(1) is not applicable to this
decision.
FISCAL IMPACT: This amendment has no fiscal impact at this time, but it does limit the
City's liability to one year in case refunds are requested.
7-1
ORDlNANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING SECTION 3.44.120 (UTILITY USERS' TAX
REFUNDS) OF THE CHULA VISTA MUNICIP AL CODE
WHEREAS, Section 3.44.120 of the Chula Vista Municipal Code allows for Utility Users
T a;'{ refunds in certain instances when the tax has been overpaid, paid more than once, or collected
erroneously; and
WHEREAS, City staff recommends that the current code be amended to clarify the
procedures for filing and processing refund claims and to establish a one-year claims period for
requesting refunds; and
WHEREAS, this amendment establishes a one-year claims period for refunds and
procedures for filing and processing refund claims.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
Section I:
That Chapter 3.44.120 of the Chula Vista Municipal Code is amended as follows:
3.44.120 Refunds.
A. Whenever the amount of any tax has been overpaid, paid more than once, or has been
erroneously or illegally collected or received by the ,,;ly f,Ua.J.l"" Vff,,,,,, Finenc~ Director
under this Chapter, it may be refunded as provided in this section.
B. A J:Jl;;1;:)V1l1C;y'U~H;J tv vvllcvL a.uJ l'Clil~t La^-,;;;:, ~!llpU;.':)I;;J WIJcl U~,:, .....llapt\..l luay vla.~lll a.
11;fwIJ Vi tall".. a.,:, \..1\~J~l a.oa.~ll;)L tQ.1\.v;:' I.,vllC;l",kJ a.uJ lC;Ul~lkJ till", a..LllVWll Th~ Fin~nr.p.
Director mey renIno eny tex thet he, heen overpaid, paid more than once or erroneously
or illegally collected or received hy the FinRnce Director "noer thi, f'herter wl'''l1;t ;,
c;;::,ldlA~.:">llvJ ~ll a. llla..UUl;"l }Jl\..':)"'l~~vJ ~J lL\.. ,-,~ty hUQ,ll\,.,\... Vf.G:'-'~l lLal tlll; ,)1;.;1 V~I",'C U;:''Cl [lULU
VvllVlll tILl", La.A l1a..::> ~,-,,,-,.u ....vll\......tI"..J J~J Hut vvvc; the laA, plvv~J\"'J, I1VVV.....V"-'1, tLal U~~tlll;;,l a.
H:JUuJ Hut a. ,..d.'CJ~l "llall L"" a:llvYVI;;.J uuk".:) LIt\,., a.ll1UWlL v[ till;; la-A .)v \""vllc;d\;J Ita.::> "Ui!;;1
Ll,,;;l;,;;ll n...[wlJc:J tv tll~ ~\"'l y~\"'G U~\"'l Vl \"'l\"'J~kJ tv l....La.q~I..-~ ;::,uL;::'l;,;,y'u~lJ.tly payaLl~ ~y tIn:;
~~l V~\"'I..- U~I..-l tv UH.. }J\"'l~VU ll..I..J.U.~I..-J tv I..vlll..I..t auJ ll..-lll~t. IITnvii!fli! th::lt no rp.nmi! ~h::lll hfl
p::tirl nnr1er the. provi~1on" of tnlo::.:: o::.::flrt1r)n lTnlfl~o::.:: the. d~1m::tnt or hls or hflr El1;::1rc1i::!n
COnSp.TV:::ltor, P.Xp.~l1tor or :::lnmlnl"tT:::ltnT 11::1<::: "llhmlttp.n :::l \VTittp.n c.1:::lim, nni!f':r pp.n:::llty of
pflrjnry to thfl Fin:::lnc.p. f)1n~c.tor withln onp. Yf'::::lT of the: Ovprp::tymflnt or p.ITnne:Ol1S or
111p.E:::ll collf>c.t1on of ,,;::Iii! t:::l"K Sl1ch d:::lim ml1st clf>:::lrly p.o::.::t:::lhlio::.::n r,l::!lm:::lnt'o::.:: nEht to thp.
rfdlmcl hy writtpn Tf':r.nTcls .;;:hnv.rine: pntitle:me:nt fhe:TPtO Nnthine- nPTPln --:n:::lll pf':t1111t the
filine of:::l Tf'flmrl r,l:::11m on hpn;::llf of::t dBSS or erc'l11p of t:::l"Kr::.yero::.:: Where the ::.mr'l11nt of
::t11Y incl1virlll::.l n~ftmr1 rl::tlm is in f'xceso::.:: of thE": :::ImClIlnt o::.::pt hy o::.::Pp:::lT:::ltp rflo;;:()llltlnn of the
f'ity f'ollnc;] r~htin:>: to the ,~ttl~ment of <;ener"1 liRh;l;ty deim' R8ein't the f'ity f'ity
('mInci] errrovRl ,hell he r~qllireo
c. l';v ~l;,.,fu.llJ ;:.Lal1 ~'-' y~J WlJ\..l Ul\.. }JJ.VY~':)~VU;:, vf tL~.:=:. ;::,~d~Vll UlJo;;...;:,~ tIl\;,.. I..l~ll1aut
c:;::,t:l~l~;::,lll;";::' l~~ l~e;Ll llll;"lctv 'uy YYl~ttc:U lC:\"UlJ~ "llvvv~.u::; GllCtkull..-ut lll\..ldu. It;o;;: tnp
;nte:nt of the: rity thM the: onp.yp:::lT wrltte:n rl:::llm rf':CJ.ll;ff~mpnt of thio::.:: sp.~t;()n np Elvp.n
7-2
Ordinance No.
Page 2
retr()~r.tive p.ffp.r.t; prnvlnp.t1 however tn::.t ::1ny r.l:l;ms wnlrn ::lTnSp prior to the f':n~r.tmf'nt
(If tnf': ()nf'-Yf':~r r;J;l;ms penon of this Sf'dlOT1, ~mc1 whir.}, ::trf': not nthf'rwlsP' h::tlTpci hy ::1
fhen-::trr1ir.::thlf': stMllte nf 11mlf::lt;nT1s or r.l::11ms prn('erlllTP' must hf> t11f':c1 with the" Fin::tnrp
Dir"ctor os pmvicl"cl i" this sllhs"cti(111 withi" nin"ty 19n) cloys following th" "ff"ctiv"
n::ltf': nfthis nrelin;:mr.f':
D Th" rity Menegf". or his or h"r cl"sign"" or th" rity rOl111cil wh"r" th" chim is in
"XC"" of ,!;'in nnn nn sh~1l ect lIpon th" r"nme! chim within 4'i (bys ofth" in;tie; r"c"ipt
nftnp. TPfnnn r.l::11m nr, ifthf': r:1::t;m is ::lmennf':n, 4~ rl::tys within 4(j (h~ys ;1ftf':T the Rmennf':n
cle;m is pr"s"nti>cl Se;e! cli>cision shell hi> fine! Tf thi> r;ty Meneg"r/e!i>s;gni>i>/rity
f'nlmdl [::Ills or n~nISf':S to ::lr.t nT1 ::J Tefimil r,l::t;m wifhin the 4'\_n::ty pennn the r.l::11rn "h::l11
hi> e!i>"mi>cl to hevi> hi>i>n r"ji>cti>cl hy thi> rity on thi> 4'ith cley Thi> Fine"ci> Dir"ctor shell
e;Vp. nntir.e of fne ::tctlnT1 in ::J form tn::it snhst::lnt;;111y (':nmpl1f':s wit}, tn::lt set forth in
(;nvprnmpnt ('nrip ,\prtinn 97 ?
F The fillne of ::I '\NTlttf':T1 r]::J;m pllnm::tnt to nnvprnmpnt rl1dp' Spr.til1n 9~5 i~ ~
prf':TPqlli"lte to ~ny "-lIlt thereon Any ~('tinn hrolleht ~e~ln"-t thp. rity pllr~l1~nt to thl<'::
<::::e:ctiOT1 "h~lI he: "-llhje:('t to the rr()vi~ion<.:: ofnmlPrnmpnt rl1dp. Spr.til1n~ 945 11 and 9411
F Notwith<.::t~niline the: noti('f': rrovi<'::lon<.:: of thi" ,,-p('tion in {he e:Vf':nt th~t ~ ~p:rvicf':
<'::l1pr1iPT remit" ~ t~x to flity in p:X(,f':SS ofthp: ~mol1nt nft::lx impo<.::e:t1 hy tnl<':: flh::lptf':r th::lt
<::::nrr1ipr m::lY ('him ('rpilit for Sllr.}, nverp::lymeT1t ::IE::llT1"-t tnp ::lmOllnt of t::lX which i~ chlt":
llpOT1 ::lny other monthly rp:t11m<.:: to tnp: FiT1::lnC':f': DirpctnT proviilf':rl "ll('h crpc1it i<.:: r.l~imf':cl
in writine: no lMf':r tn::ln nnf': ye::lT frnm tnf': t1::lte nfthf': r.l~imf':cl nverp::lyment Thf': Fin::ln('f':
Dirf':ctnr "n::ll1 first cletf':Tminf': the v::llit1ity of tne d~im ::mcl tnf': lmnf':rlyine h~<.::;<.:: for the
claim..
G Notwith"t~nilin~ the nntl(,f': rrovl<.::lnn<:::: of this Sf':r.t;OT1 ::I sPTVi('e <::::llrplif':T tn::lt n::l~
collf':r.tec1 ::lnil rpmlttf':cl to thf': flity ::lny ~m(mnt of t~x in f':"XC'e"" of the :::tmmmt of t::lX
impn<.::piI hy th;<:: flh::1ptf':r ::Inn ~r.tll~l1y cillP from ::I "f':l\1ir.f': l1"er (whf':thf':T cille to
nVf'rp~ymf'nt or prrnT1eOlN or il1eE::!l r.ollf':C'tion of <::::llci tfiX) m~y rf':fllnt1 slIC':h :::tmOllnt tn
thp <':::f':TVi('p llser or r.reclit to r.h::lree<.::: S11hsp.l}llently p::ly::lhle hy thp seTVir.p llSf':r to thp:
<.::erviC':p "llpr1if':r :::tnt1 ('him ('rpciit fnr <'::11('11 oVf':rp::lymeT1t ::Ig::!in"t thf': ::ImOlmt nft::lx which
i" cille llpOT1 :;!ny otner monthly retllms to thf': flit)' prnvit1f':n "l1C], r.rp:c1it is ('l::1imen in ::I
rf':tllm c1:::1tf'c1 nn l::=ttf':r th:::tn nnf': Yf':::Ir frnm thf': ciMe of overp::lymf':nt or f':rronP:011<':: nr illf':e::l1
('o11f':d;nT1 ofs:::lic1 t::lX Tnp Fin:::lT1cP: Oirf':C':tor r:::h:::tll fiT<\t nf':t?rminp tn? v:::llin1ty oftnp: sf':l\1ir.~
lI<;;;er's r.l::11m nf C'Tf'oit. ::Inn t},p: nnnf':Tlyine n:::l <;;;1 '=: for <;;;llc:h cl~lm.
7-3
Ordinance No.
Page 3
Section II: This ordinance shall take effect and be in full force thirty days from its adoption.
Presented by: Apprbved as to form by:
'1
/
Maria Kachadoorian
Director of Finance
J:\ArtomeyVTI..L\1\ORDlNANCES\UUT Ordinance Amendment (12-19-06),doc
7-4
COUNCIL AGENDA STATEMENT
Item:
g
Meeting Date: 12/19/Oti
SUBMITTED BY:
Resolution of the City Council of the City of Chula Vista, approving an
agreement between the City of Chula Vista; Burkett & Wong Engineers,
Consultant; and McMillin Otay Ranch, LLC., for the preparation of a Public
Facilities Financing Plan for the Otay Ranch Village Eastern Urban Center
(EVC), and authorizing the Mayor to execute said agreement.
Director OfPl~ and Buildin~
City Manager ~I (4/5ths Vote: Yes~o~)
ITEM TITLE:
REVIEWED BY:
McMillin Otay Ranch, LLC. has submitted the Sectional Planning Area (SPA) Plan for the
Eastern Vrban Center in Planning Area 12 of the Otay Ranch. The Otay Ranch General
Development Plan and the City Municipal Code require the preparation of a Public Facility
Finance Plan (PFFP) for all SPA Plans. The City does not presently have the "in-house" staff or
resources to prepare the PFFP within the time frame requested by the Applicant. Proposals for
services for the preparation of the document were requested from the City list of qualified
consultants. Burkett & Wong was selected out of the competitive process.
This request is for City Council approval of a three party agreement between the City, Burkett &
Wong and McMillin, who will pay for the entire cost of preparing the document.
RECOMMENDATION:
That the City Council adopt a Resolution approving the three-party agreement with Burkett &
Wong Engineers for consultant services related to the preparation of a Public Facilities Financing
Plan (PFFP) for the Sectional Planning Area (SPA) Plan for the Otay Ranch EVC, and authorizing
the Mayor to sign the agreement.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
R"ckgrnl1nrl
The Otay Ranch EVC PFFP will be processed in conjunction with potential amendments to the
Otay Ranch General Development Plan (GDP), and the formulation of a new Sectional Planning
Area (SPA) Plan for the EUC in the Otay Ranch Planned Community. The Planning
Commission and City Council are expected to consider the projects in late 2007.
8-1
Page 2, Item:L
Meeting Date: 12/19/06
The preparation of a PFFP for the EUC is required in conjunction with the preparation of a SPA
Plan and will be prepared under the requirements of the City of Chula Vista Growth Management
Ordinance and the Otay Ranch GDP. The PFFP is intended to address the timing and financing
mechanisms necessary to provide public facilities for the EUC prior to or concurrent with need.
The project's scope of work and approach are described in the Three Party Agreement
(Attachment #3)
rnmmlt:mt ~p.rv;c.p.~ Sp.lp.r.tinn Prnr.f':~~
On August 9, 2006, the Planning Division sent the five firms on the list of qualified consultants a
Request for Proposal to prepare the PFFP for Otay Ranch EUC SPA. Only two firms responded:
Burkett & Wong Engineers and Economics Research Associates (ERA). The City conducted a
formal selection process and found Burkett & Wong Engineers to be best qualified to prepare the
PFFP because of their prior work preparing PFFPs within the Otay Ranch, their proposed cost,
and their knowledge of the project.
The consultant represents that they are staffed in a manner necessary to prepare and deliver the
required services to the City within the necessary time frames. Planning Division staff has
negotiated the details of this agreement in accordance with procedures set forth in Section 2.56.110
of the Chula Vista Municipal Code. Burkett & Wong proposes to do this work for $39,780.
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that there is no possibility
that the activity may have a significant effect on the environment; therefore, pursuant to Section
15061(b)(3) of that State CEQA Guidelines, the activity is not subject to CEQA. Thus, no
environmental review is necessary
Scop,,-of- W nrj,
Under the agreement, which is based on the City's standard three-party agreement, Burkett & Wong
will perform tasks associated with the scope-of-work for the preparation of a PFFP Otay Ranch
EUC. The scope-of-work includes tasks such:
· R"S"OTcn onc1 Anolysis: The consultant will gather and review all data and available
documents. The consultant will meet with City staff to discuss any issues as well.
Confirmation of the project's statistics and criteria will be confirmed at this stage as well.
· Focil;!;"s Anolysis: The consultant will initiate and prepare an independent analysis of short-
and long-term impacts of the project on public facilities. In addition, the consultant will
evaluate the EVC's compliance with the City's Growth Management Threshold Standards.
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Page 3, Item:L
Meeting Date: 12/19/06
. Tr"ffi~ StlJ(ly: Kimley Horn is currently under contract to complete a traffic study for the
Project under the ElR contract. Part of the traffic study will be. utilized for analysis in the PFFP.
The consultant will coordinate with Kimley Horn in the preparation of the traffic study portion
of the PFFP.
. Prep"f"tinn nfPFFP "TIn Pllhlir H"m;TIE': The consultant will complete preparation of the
PFFP document and be in attendance at all public hearings.
DECISION-MAKER CONFLICTS:
No Property within 500 feet:
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundaries of the property that is subject to this action.
FISCAL IMPACT:
The preparation of this PFFP will not result in an impact to the City's General Fund. McMillin
Otay Ranch, LLC. will compensate the consultant at the applicants' sole cost and expense. The
total amount for the contract is $39,780.00.
A tt:H~hmf'nts
1. Locator Map
2. Resolution approving agreement between the City of Chula Vista, Burkett & Wong, McMillin Otay Ranch
LLC to Prepare Public Facilities Financing Plan for the Otay Ranch EUC SPA Plan
3. Three Party Agreement between the City of Chula Vista, Burkett & Wong, McMillin Otay Ranch LLC to
Prepare Public Facilities Financing Plan for the Otay Ranch EUC SPA Plan.
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RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING AN AGREEMENT
BETWEEN THE CITY OF CHULA VISTA; BURKETT
& WONG ENGINEERS, CONSULTANT; AND
MCMILLIN OTAY RANCH, LLC., 'FOR THE
PREPARATION OF A PUBLIC FACILITIES
FINANCING PLAN FOR THE OT A Y RANCH
VILLAGE EASTER.N URBAN CENTER (EUC), AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
WHEREAS, McMillin Otay Ranch LLC, the Applicant, has submitted a Sectional
Planning Area (SPA) Plan application and project description for the Eastern Urban
Center (EUC) property; and,
WHEREAS, pursuant to Title 19 of the Chula Vista Municipal Code, Section
19.09.050, a Public Facilities Financing Plan (PFFP) is required in connection with the
SP A Plan; and,
WHEREAS, on August 9, 2006, the Planning Division sent the five firms on the
list of qualified consultants a Request for Proposal to prepare the PFFP for Otay Ranch
EUe. City staffreviewed the proposals and is recommending the selection of Burkett &
Wong Engineers, is qualified to prepare the PFFP for the Otay Ranch EUC because of its
prior work preparing PFFPs within the Otay Ranch, the proposed cost, and their
knowledge of the project; and
WHEREAS, City staff is recommending that the City enter into a three-party
agreement with Burkett & Wong Engineers and the applicant, pursuant to which Burkett
& Wong Engineers will prepare the PFFP for the Otay Ranch EUC (the Agreement); and
WHEREAS, Burkett & Wong Engineers has performed satisfactorily under the
other similar agreements and it is staffs recommendation that it is in the City's best
interest to retain Burkett & Wong Engineers due to their intimate knowledge and
familiarity with the PFFP process and scope; and
WHEREAS, Burkett & Wong Engineers represents that it is staffed in a manner
that they can prepare and deliver the required services to the City within the necessary
time frames; and
WHEREAS, the Applicant will be responsible for all costs and expenses under
the Agreement; and,
R~-:r
Resolution No. 2006-
Page 2
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
activity for compliance with the California Environmental Quality Act (CEQA) and has
determined that there is no possibility that the activity may ha.ye a significant effect on the
environment; therefore, pursuant to Section l5061(b)(3) of the State CEQA Guidelines, the
activity is not subject to CEQA. Thus, no environmental review is necessary.
NOW, THERFORE, BE IT RESOLVED that the City Council of the City Chula
Vista hereby approve an agreement between the City of Chula Vista; Burkett & Wong
Engineers, Consultant; and McMillin Otay Ranch, LLC., for the preparation of a Public
Facilities Financing Plan for the Otay Ranch Village Eastern Urban Center.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said Agreement for and on behalf of the City of Chula
Vista.
Presented by
Approved as to fom1 by
c
James D. Sandoval
Director of Planning and Building
J: \Attorney\RESO\AGREEMENTS\EUC _ PFFP _ Contract_Resolution ([ 2-19-06).doc
p~
THE A TT ACHED AGREEJ\iIENT 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
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City Attorney
Dated: ) 1/ tf/D y
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Three-Party Agreement
Between
City of Chula Vista,
Burkett & Wong, Consultant, and
McMillin Otay Ranch, LLC, Applicant,
F or Consulting Work to prepare the Otay Ranch
Eastern Urban Center (EUC)
Public Facilities Financing Plan
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Three-Party Agreement
Between
City of Chula Vista,
Burkett and Wong, (Consultant), and
McMillin Otay Ranch, LLC, (Applicant)
For Consulting Work to prepare the Otay Ranch Eastern Urban Center (EDC)
Public Facilities Financing Plan:
1. Parties.
:'"
This Agreement is made as of the reference date set forth in Exhibit A, for the purposes of
reference only, and effective as of the date last executed by the parties hereto, between the City of
Chula Vista ("City") herein, a municipal corporation ofthe State of California, the consulting firm of
Burkett and Wong designated on the attached Exhibit A as "Consultant", whose business form and
address is indicated on the attached Exhibit A, and the person designated on the attached Exhibit A
as "Applicant," McMillin Otay Ranch, LLC, whose business form and address is indicated on the
attached Exhibit A, and is made with reference to the following facts:
".;"
2. Recitals, Warranties and Representations.
2.1. W arrantv of Ownership.
Applicant warrants that Applicant is the owner ofland ("Property") commonly known as, or
generally located as described in Exhibit A, Paragraph I, or has an option or other entitlement to
develop said Property.
2.2. Applicant desires to develop the Property with the Project described on Exhibit A,
Paragraph 2, and in that regard, has made application ("Application") with the City for approval of
the plan, map, zone, or other permits ("Entitlements") described in Exhibit A, Paragraph 3.
2.3. In order for the City to process the Application, work of the general nature and type
described in Exhibit A, Paragraph 4, ("Work") will need to be completed.
2.4. City does not presently have the "in-house" staff or resources to process the application
within the time frame requested for review by the Applicant.
2.5. This Agreement proposes an arrangement by which Applicant shall retain, and be liable
for the costs of retaining, Consultant, who shall perform the services required of Consultant by this
Agreement solely to, and under the direction of, the City.
2.6. Additional facts and circumstances regarding the background for this Agreement are set
forth on Exhibit B.
3. Agreement.
12/1/06
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NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY,
CONSULTANT AND APPLICANT AS FOLLOWS:
3.1. Employment of Consultant by Applicant.
Consultant is hereby engaged by the Applicant, not the City, and at Applicant's sole cost and
expense, to perform to, and for the primary benefit of, City, and solely at City's direction, all of the
services described in the attached Exhibit A, Paragraph 4, entitled "General Nature of Consulting
Services," ("General Services"), and in the process of performing and delivering said General
Services, Consultant shall also perform to and for the benefit of City all ofthe services described in
Exhibit A, Paragraph 5, entitled "Detailed Scope-of-Work," ("Detailed Services"), and all services
reasonably necessary to accomplish said General Services and Detailed Scope-of- Work, and shall
deliver such documents required ("Deliverables") herein, all within the time frames herein set forth,
and in particular as set forth in Exhibit A, Paragraph 6, and if none are set forth, within a reasonable
period oftime for the diligent execution of Consultant's duties hereunder. Time is of the essence of
this covenant.
The Consultant does hereby agree to perform said General and Detailed Services to and for
the primary benefit of the City for the compensation herein fixed to be paid by Applicant.
In delivering the General and Detailed Services hereunder, the Consultant shall do so in a
good, professional 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, at
its own cost and expense except for the compensation and/or reimbursement, if any, herein
promised, and shall furnish all of the labor, technical, administrative, professional and other
personnel, all supplies and materials, machinery, equipment, printing, vehicles, transportation, office
space and facilities, calculations, and all other means whatsoever, except as herein otherwise
expressly specified to be furnished by the City or Applicant, necessary or proper to perform and
complete the work and provide the Services required of the Consultant.
3.2. Compensation of Consultant.
App licant shall compensate Consultant for all services rendered by Consultant without regard
to the conclusions reached by the Consultant, and according to the terms and conditions set forth in
Exhibit C adjacent to the governing compensation relationship indicated by a "checkmark" next to
the appropriate arrangement, by paying said amount to the City, within fifteen (15) days of
Consultant's billing, or in accordance with the security deposit provisions of Paragraph 3.3 and
Exhibit C, if checked, and upon receipt of such payment by the City, City shall promptly, not later
than fifteen (15) days, or in accordance with the Bill Processing procedure in Exhibit C, if checked,
pay said amount to the Consultant. City is merely acting in the capacity as a conduit for payment,
and shall not be liable for the compensation unless it receives same from Applicant. Applicant shall
not make any payments of compensation or otherwise directly to the Consultant.
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3.2.1. Additional Work. Ifthe Applicant, with the concurrence of City, determines
that additional services ("Additional Services") are needed from Consultant of the type Consultant is
qualified to render or reasonably related to the Services Consultant is otherwise required to provide
by this Agreement, the Consultant agrees to provide such additional services on a time and materials
basis paid for by Applicant at the rates set forth in Exhibit C, unless a separate fixed fee is otherwise
agreed upon in writing for said Additional Work benveen the parties.
3.2.1.1. In the event that the City shall determine that additional work is
required to be performed above and beyond the scope of work herein provided, City will consult
with Applicant regarding the additional work, and if thereupon the Applicant fails or refuses to
arrange and pay for said Additional Services, the City may, at its option, suspend any further
processing of Applicant's Application until the Applicant shall deposit the City's estimate of the costs
of the additional work which the City determines is or may be required. Applicant shall pay any and
all additional costs for the additional work.
3.2.2. Reductions in Scope-of- Work. City may independently, or upon request from
Consultant, from time to time reduce the 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.
Upon failure to agree, the Fixed Fee may be unilaterally reduced by the City by the amount of time
and materials budgeted by Consultant for the Services deleted.
3.3. Security for Payment of Compensation by Applicant.
3.3.1. Deposit. As security for the payment of Consultant by Applicant, Applicant
shall, upon execution of this Agreement, deposit the amount indicated in Exhibit C as "Deposit
Amount" with the City, as trustee for Consultant, the conditions of such trust being as indicated in
Exhibit C and as herein below set forth:
3.3.1.1 Other Terms of Deposit Trust.
3.3.1.1.1. City shall also be entitled to retain from said Deposit all
costs incurred by City for which it is entitled to compensation by law or under the terms of this
Agreement.
3.3.1.1.2. All interest earned on the Deposit Amount, if any, shall
accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a separate
bank account, separately account for said deposit in one or more of its various bank accounts, and
upon doing so, shall proportionately distribute to the Deposit Trust, the average interest earned
during the period on its general fund.
3.3.1.1.3. Any unused balance of Deposit Amount, including any
unused interest earned, shall be returned to Applicant not later than thirty (30) days after the
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termination of this Agreement and any claims resulting there from.
3.3.1.1.4. Applicant shall be notified within thirty (30) days after the
use of the Deposit in any manner. Nothing herein shall invalidate use of the Deposit in the manner
herein authorized.
3.3.1.1.5. At such time as City shall reasonably determine that
inadequate funds remain on Deposit to secure future compensation likely due Consultant or City,
City may make demand of Applicant to supplement said Deposit Amount in such amount as City
shall reasonably specify, and upon doing so, Applicant shall, within thirty (30) days pays said
amount ("Supplemental Deposit Amount") to City. Said Supplement Deposit Amount or Amounts
shall be governed by the same terms of trust governing the original Deposit.
3.3.2. Withholding of Processing. In addition to use of the Deposit as security, in
order to secure the duty of Applicant to pay Consultant for Services rendered under this Agreement,
City shall be entitled to withhold processing of Applicant's application upon a breach of Applicant's
duty to compensate Consultant.
4. Non-Service Related Duties of Consultant.
4.1. Insurance.
Consultant represents that it and its agents, staff and sub consultants employed by it in
connection with the Services required to be rendered, are protected against the risk ofloss by the
following insurance coverages, in the following categories, and to the limits specified, policies of
which are issued by Insurance Companies that have a Best's Rating of AA, Class A V or better, or
shall meet with the approval of the City:
4.1.1. Statutory Worker's Compensation Insurance coverage in the amount set forth
in the attached Exhibit A, Paragraph 10.
4.1.2. Commercial General Liability Insurance including Business Automobile
Insurance coverage in the amount set forth in Exhibit A, Paragraph 10, combined single limit applied
separately to each project away from premises owned or rented by Consultant, which names City
and Applicant as an Additional Insured, and which is primary to any policy which the City may
otherwise carry ("Primary Coverage"), and which treats the employees ofthe City and Applicant in
the same manner as members of the general public ("Cross-liability Coverage").
4.1.3. Errors and Omissions insurance, in the amount set forth in Exhibit A,
Paragraph 10, unless Errors and Omissions coverage is included in the General Liability policy.
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4.2. Proof of Insurance Coverage.
4.2.1. 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 demonstrating same, and further indicating that the policies may not be
canceled without at least thirty (30) days written notice to the Additional Insured.
4.2.2. 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,
McMillin Otay Ranch, LLC, demonstrating same and naming McMillin Otay Ranch, LLC and the
City of Chula Vista as additional insured.
4.3. Public Statements.
All public statements and releases to the news media shall be the responsibility of the City
and the Applicant. The Consultant shall not publish or release news items, articles or present
lectures on the Project, either during the course ofthe study or after its completion, except on written
concurrence of the City and Applicant.
4.4. Communication to Applicant.
Consultant shall not communicate directly to the Applicant except in the presence of the City,
or by writing an exact copy of which is simultaneously provided to City, except with the express
consent of City. The Consultant may request such meetings with the Applicant to ensure the
adequacy of services performed by Consultant.
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5. Non-Compensation Duties of the Applicant.
5.1. Documents Access.
The Applicant shall provide to the Consultant, through the City, for the use by the Consultant
and City, such documents, or copies of such documents requested by Applicant, within the
possession of Applicant reasonably useful to the Consultant in performing the services herein
required of Consultant, including but not limited to those described in Exhibit A, Paragraph 10.
5.2. Property Access.
The Applicant hereby grants permission to the City and Consultant to enter and access the
Property, provided that the applicant is given forty-eight (48) hours notice prior to the City or
consultant entering the property, to take any borings, make any tests, conduct any surveys or
reconnaissance necessary to deliver the Services of Consultant, subject to the approval of the
Applicant. Consultant shall promptly repair any damage to the subject property occasioned by such
entry and shall indemnify, defend, and hold Applicant harmless from all loss, cost, damage,
expenses, claims, and liabilities in connection with or arising from any such entry and access.
5.3. Communication to Applicant. .
Consultant shall not communicate directly to the Applicant except in the presence of the City,
or by writing an exact copy of which is simultaneously provided to City, except with the express
consent of City. The Consultant may request such meetings with the Applicant to ensure the
adequacy of services performed by Consultant.
6. Administrative Representatives.
Each party designates the individuals ("Administrators") indicated in Exhibit A, Paragraph
11, as said party's contract administrator who is authorized by said party to represent them in the
routine administration of this Agreement.
7. Conflicts of Interest.
7.1. Consultant is Designated as an FPPC Filer.
If Consultant is designated in Exhibit A, Paragraph 12, 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 his economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph 9 of
Exhibit A, or if none are specified, then as determined by the City Attorney.
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7.2. 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:
7.3. 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.
7.4. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as a 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.
7.5. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will immediately advise the City Attorney of City if Consultant learns
of an economic interest of Consultant's, which may result in a conflict of interest for the purpose of
the Fair Political Practices Act, and regulations promulgated thereunder.
7.6. 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 the property which is the subject matter of the Project,
or in any property within lO radial miles from the exterior boundaries of the property which is the
subject matter of the Project, or ("Prohibited Interest").
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 by Applicant or by any other party as a result of 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 twelve (12) months thereafter.
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Consultant agrees that Consultant shall not acquire any such Prohibited Interest within the
Term of this Agreement, or for twelve (12) months after the expiration of this Agreement.
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.
8. Default of the Consultant for Breach.
This Agreement may be terminated by the City for default if the Consultant breaches this
Agreement or if the Consultant refuses or fails to pursue the work under this Agreement or any phase
of the work with such diligence which would assure its completion within a reasonable period of
time. Termination of this Agreement because of a default of the Consultant shall not relieve the
Consultant from liability of such default.
9. City's Right to Terminate Agreement for Convenience, Documents.
9.1. Notwithstanding any other section or provision of this Agreement, the City shall have
the absolute right at any time to terminate this Agreement or any work to be performed pursuant to
this Agreement.
9.2. In the event of termination of this Agreement by the City in the absence of default of
the Consultant, the City shall pay the Consultant for the reasonable value of the services actually
performed by the Consultant up to the date of such termination, less the aggregate of all sums
previously paid to the Consultant for services performed after execution of this Agreement and prior
to its termination.
9.3. The Consultant hereby expressly waives any and all claims for damage or
compensation arising under this Agreement, except as set forth herein, in the event of such
termination.
9.4. In the event of termination of this Agreement, and upon demand of the City, the
Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and all
other materials and documents prepared by the Consultant in performance of this Agreement, and all
such documents and materials shall be the property of the City; provided however, that the
Consultant may retain copies for their own use and the City shall provide a copy, at Applicant's cost,
of all such documents to the Applicant.
9.5. Applicant shall have no right to terminate Consultant, and shall not exercise any control
or direction over Consultant's work.
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10. Administrative Claims Requirement and Procedures.
No suit 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 ofChula Vista and acted upon by the City of
Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista
Municipal Code, the provisions of which are incorporated by this. 'reference as if set fully set forth
herein.
II. Hold Harmless and Indemnification.
11.1. Consultant to Indemnify City and Applicant re Injuries.
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees and Applicant from and against all claims for damages, liability,
cost and expense (including without limitation attorneys' fees) arising out of the conduct of the
Consultant, or any agent or employees, subcontractors, or others of City or Applicant in connection
with the execution of the work covered by this Agreement, except only for those claims arising from
the sole negligence or sole willful misconduct ofthe City, its officers, or employees, or Applicant,
Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability
incurred by the City, its officers, agents, or employees or Applicant in defending against such claims,
whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon
written request by the City or Applicant, defend any such suit or action brought against the City, its
officers, agents, or employees or Applicant. Consultants' indemnification of City and Applicant
shall not be limited by any prior or subsequent declaration by the Consultant.
11.2. Applicant to Indemnify City re Compensation of Consultant.
Applicant agrees to defend, indemnify and hold the City harmless against and from any and
all claims, losses, damages, expenses or expenditures of City, including its elected officials, officers,
employees, agents, or representatives of the City ("City Indemnitees"), in any way resulting from or
arising out of the refusal to pay compensation as demanded by Consultant for the performance of
services required by this Agreement.
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12. Business Licenses.
Applicant agrees to obtain a business license from the City and to otherwise comply with
Chula Vista Municipal Code, Title 5. Applicant further agrees to require Consultant to obtain such
business license and to comply with Chula Vista Municipal Code, Title 5.
13. Miscellaneous.
13.1. Consultant not authorized to Represent City.
Unless specifically authorized in writing by City, neither Consultant nor Applicant shall have
authority to act as City's agent to bind City to any contractual agreements whatsoever.
13.2. 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 ifpersonally 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 for the parties in Exhibit A.
13.3. Entitlement to Subsequent Notices.
No notice to or demand on the parties for notice of an event not herein legally required to be
given shall in itself create the right in the parties to any other or further notice or demand in the
same, similar or other circumstances.
13.4. 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 subj ect
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.
13.5. 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; that all
resolutions or other actions have been taken so as to enable it to enter into this Agreement.
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13.6. 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.
13.7. Modification.
No modification or waiver of any provision ofthis Agreement shall be effective unless the
same shall be in writing and signed by the parties hereto, and then shall be valid only in the specific
instance and for the purpose for which given.
13.8. Counterparts.
This Agreement may be executed in more than one counterpart, each of which shall be
deemed to be an original but all of which, when taken together shall constitute but one instrument.
13.9. Severability.
In the event that any provision of this Agreement shall for any reason, be determined to be
invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith and
agree to such amendments, modifications, or supplements to this Agreement or such other
appropriate action as shall, to the maximum extent practicable in light of such determination,
implement and give effect to the intentions of the parties as reflected herein.
13.10. Headings.
The captions and headings in this Agreement are for convenience only and shall not define or
limit the provisions hereof.
13.11. Waiver.
No course of dealing or failure or delay, nor the single failure or delay, or the partial exercise
of any right, power or privilege, on the part of the parties shall operate as a waiver of any rights
herein contained. The making or the acceptance of a payment by either party with knowledge of the
existence of a breach shall not operate or be construed to operate as a waiver of any such breach.
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13.12. Remedies.
The rights ofthe parties under this Agreement are cumulative and not exclusive of any rights
or remedies which the parties might otherwise have unless this Agreement provides to the contrary.
13.13. No Additional Beneficiaries.
Despite the fact that the required performance under this Agreement may have an affect upon
persons not parties hereto, the parties specifically intend no benefit therefrom, and agree that no
performance hereunder may be enforced by any person not a party to this Agreement.
Notwithstanding the foregoing, this is a three party agreement and the City is an express third party
beneficiary of the promises of Consultant to provide services paid for by Applicant.
(End of Page. Next Page is Signature Page.)
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Signature Page
NOW THEREFORE, the parties hereto, having read and understood the terms and conditions
of this Agreement, do hereby express their consent to the terms hereof by setting their hand hereto
on the date set forth adjacent thereto.
City of Chula Vista
Dated:
by
Suzanne Brooks, Purchasing Agent
Approved as to Form:
by:
Ann Moore, City Attorney
Dated:
by:
An
Dated:
Applicant:
McMillin Otay Ranch, LLC
McMillin Otay Ranch, LLC
a Delaware limited liability company
By: McMillin Companies, LLC,
a Delaware limited liabili y company
Its: Manager
B~I
Its: \f. r
t
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F2D
}
STATE OF CALIFORNIA }ss.
COUNTY OF SAN DIEGO }
On December 1, 2006, before me, Ann M. Futo, Notary Public personally appeared
Todd Galarneau and Denny Cuccarese , personally known to me (or provod to mo on tho
basis of s::ltisf3ctory ovidonco) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that ho/eho/they executed the same in hie/hor/their
authorized capacity(ies), and that by his/hor/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.
Signature ~Lm.
~-L\
JlJJ.v
This area for official notarial seal
Notary Form-2
f-,,)j
McMillin Companies
Exhibit A
Reference Date of Agreement:
EiJective Date of Agreement:
:
City ofChula Vista, 276 Fourth Avenue, Chula Vista, CA 91910
Consultant: Burkett and Wong Engineers, Inc.
Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
( X) Corporation
Address: 3434 Fourth Avenue, San Diego California 92103
Applicant: McMillin Otay Ranch, LLC
Business Form of Applicant:
( ) Sole Proprietorship
( ) Partnership
( ) Corporation
( X) Other: LLC, A Delaware Limited Liability Company
Address: 2750 Womble Road, San Diego, CA 92106
1. Property (Commonly known address or General Description):
This proposed project includes approximately 210 acres of the EVC that is owned by
McMillin Otay Ranch, LLC. The application will only evaluate the remaining acreage of the EVC at
a level sufficient to ensure that it can be developed in accordance with the Otay Ranch General
Development Plan and the City's Growth Management Ordinance. The property is located south of
Birch Road, north of Hunte Parkway, east of and adjacent to State Route 125, and west of Eastlake
Parkway
2. Project Description ("Project"):
Preparation of a new Public Facilities Financing Plan (PFFP) for the property known as the
Eastern Urban Center (EVC) and owned by McMillin Otay Ranch, LLC as required by the City's
Growth Management Ordinance in conjunction with the concurrent processing of any potential
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amendments to the City's General Plan and the Otay Ranch General Development Plan, and the
formulation of a new Sectional Planning Area (SPA) Plan for the EUC Property.
3. Entitlements applied for:
a) New Sectional Planning Area (SPA) Plan and associated regulatory documents,
including, but not limited to the following: 1) Design Plan; 2) Planned Community
District Regulations (1 and 2 combined in this SPA Plan); 3) Air Quality Improvement
Plan; 4) Water Conservation Plan; 5) Affordable Housing Program; 6) Public Facilities
Financing Plan;
b) Second Tier Environmental Impact Report
c) Tentative Subdivision Map for the EUC.
4. General Nature of Consulting Services ("Services--General"):
Prepare the Public Facilities Financing Plan (PFFP) for the EUC SPA Plan to identify the
amount, location, timing and financing mechanisms necessary to build and deliver required public
facilities and services to the project and to work with the City's Office of Budget and Management
to identify the overall, net fiscal impact that the project will have on the City in terms ofrevenues
and expenditures.
The PFFP shall consist of an independent evaluation of the project's compliance with the
City's adopted Growth Management Threshold Standards at build-out of the project, as well as
during its phasing, and provide an assessment ofthe probable short- and long-term impacts on those
standards, along with recommendations to mitigate the identified impacts, and the timing for
installation/delivery of necessary facilities and services.
The Fiscal Impact Analysis, to be prepared by the City, shall consist of an independent
evaluation of the project's fiscal impacts on the operation and maintenance budgets of the City
(General Fund). The FIA will address the costs and revenues to the City as a result of providing
infrastructure and services to the EUe. The consultant shall coordinate with the city to ensure
consistency with the PFFP.
In the course of preparing and finalizing the PFFP, the Consultant (and any of their sub-
contractors) shall attend one public forum, and up to two Planning Commission hearings and two
City Council hearings, in addition to meetings with City staff, the EIR consultant, or others as the
Planning Department deems necessary to complete the work.
5. Detailed Scope of Work ("Detailed Services"):
The following tasks are intended to represent the scope of services required in the preparation
of the subject PFFP as presented in the Request for Proposals dated August 9, 2006, in sections
19.09.060, .070 and .080 of the City's Municipal Code, and as described by Consultant's proposal
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dated September 12, 2006. Consultant shall perform the following tasks to the satisfaction of the
Director of Planning and Building.
Task 5.A Research and Analysis:
Task 5.Al Gather and review all available documents and data relating to the Otay Ranch EVC
Project. Documents and data shall include, but are not limited to, the City's General Plan
and Otay Ranch General Development Plan (GDP) Amendment applications, draft Otay
Ranch SP NEIR documents and maps together with supporting technical reports, the
approved Otay Ranch GDP, existing SPA plans and related PFFP's and ErR's. Other
documents will include Otay Ranch Master Facility Plans, Facility Technical Reports
(i.e. Traffic, Water, Sewer, Storm Drain and Water Quality Analyses), Tentative Maps,
associated conditions of approval, City resolutions of approval and development
agreements. The City of Chula Vista will make the aforementioned documents available
for our review and analysis, as necessary.
Task 5.A2 Meet with city planning and public works staff to discuss their project concerns
(including but not limited to matters related to the flexible nature of the EVC's
development to meet market demands, unique characteristics of development, mitigation
of interim impacts, phasing of improvements and potential impacts of market
conditions), project history and the current status of the Otay Ranch EVC project.
Task 5.A3 Contact the Developers Consultant Planner/Engineer to verify the proposed project
statistics (i.e., number of dwelling units, acreage, phasing, etc.).
Task 5.A4 Conduct a field trip to become farniliarwith the existing site and surrounding land uses.
Task 5.B Facilities Analysis:
Task 5.B.l Prepare an independent analysis, which will include an evaluation of the project's
compliance with the city's adopted threshold standards. The analysis will include an
evaluation of the short-term and long-term impacts, as well as impacts that may require
monitoring through long-term buildout of the EVC. In addition, the analysis will
recommend measures to mitigate potential impacts and maintain compliance with the
City's Growth Management Threshold Standards.
The analysis for the new PFFP shall include all the issues and elements identified in
Chapter 19-09 of the City's Municipal Code and shall be formatted as shown as
Attachment 2 of the RFP (dated August 14, 2006).
Task 5.B.2 Meetings & Coordination: Coordinate with City Staff to discuss the results of our
review. Meet with City Staff, other City Consultants and the project applicant, as
necessary.
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Task 5.C-Fiscal Impact:
The City of Chula Vista's Office of Budget and Analysis will prepare the fiscal impact
analysis for Otay Ranch EUC SPA Plan. The fiscal impact analysis will address the costs
and revenues (General Fund) to the City ofChula Vista related to the development of the
EUC. The fiscal impact analysis will be based upon a city-wide fiscal model currently being
prepared by ERA. The model will include the most current available budget, any changes to
City's demographic or land use characteristics and any unique features of this project.
Task 5.D- Traffic Study (Kimley-Horn):
Kimley- Horn, as a subconsultant to the ElR Consultant, will prepare the traffic study for the
Otay Ranch EUC project. Part of this contract is to conduct analysis, which can be utilized
for the PFFP analysis. The traffic study is a critical element in the PFFP. Kimley-Horn and
Burkett & Wong will meet, as necessary, and make changes to the traffic analysis as
appropriate for the PFFP.
Task 5.E-Prepare Public Facilities Financing Plan
The PFFP will provide an independent evaluation of the project compliance with the adopted
threshold standards and an assessment of both probable short and long-term impacts of the
EUC project as stated in the city's RFP dated August 9, 2006. Recommendations will be
included to mitigate impacts and maintain compliance with the City ofChula Vista's Growth
Management Standards.
Task 5.E.] Prepare and submit a preliminary draft PFFP including text and supporting graphics for
staffreview and comment (25 copies).
Task 5.E.2 Revise the draft PFFP pursuant to City Staff comments, and submit a second draft (25
copies) for staff review.
Task 5.E.3 Subsequent to the second staff review, finalize the PFFP document (includes 25 copies of
the final document + appendices, ] photo ready hard copy and CD-ROM formatted for
Microsoft Word).
6: Attendance at meetings and other coordination
The Consultant (and any oftheir subcontractors) shall attend one public forum, and up to two
Planning Commission hearings and two City Council hearings. These are in addition to meetings
with City staff, coordination with ElR consultant, or others as the Planning Department deems
necessary to complete the work. Attendance at said meetings or other methods of coordination is
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required of the Consultant on an as needed basis as determined by the City, given sufficient lead-
time (minimum 5 days) for the Consultant to schedule such coordination. It is further anticipated that
informal coordination will take place between the Consultant and the EIR consultant at various times
throughout the process.
7: Revise Drafts as City Determines Necessary
The consultant shall prepare revisions to the satisfaction of City Staff to PFFP document
based upon comments received from City Staff, Planning Commission and City Council and any
other comments from outside agencies or individuals. Said revisions shall be incorporated into the
appropriate draft or final document as outlined in the following section under "Dates or Time Limits
for Delivery of Deliverables".
8: Drafts Tentative Map Conditions of Approval
The Consultant shall prepare draft conditions of approval for the tentative map for the EUC
based on the threshold analysis of the PFFP.
9. Schedule, Milestone, Time-Limitations within which to Perform Services:
Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
Dates or Time Limits for Delivery of Deliver abIes:
Deliverable NO.1:
Delivery of the Preliminary Draft PFFP for staff review and
distribution in the form of one (1) master copy set up to print double
sided copies.
Due date: Twelve weeks after City's notice to proceed.
Deliverable No.2
Delivery of the revised Draft PFFP containing all staff comments in
the form of one (1) master copy set up to print double sided copies.
Due date: Two weeks after the consultant receives comments back
from the City's review of first draft.
Deliverable No.3
Delivery of revised Draft PFFP containing all staff comments in the
form of one (1) master copy set up to print double sided copies.
Due date: 'One week after the consultant receives comments back
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from City's review of second draft.
Deliverable No.4:
Delivery of pre-press copy of PFFP incorporating all of staff s
comments in the form of one (I) master copy set up to print double
sided copy.
Due date: 1 week after staff/consultant discuss final comments.
Deliverable NO.5:
Delivery of the Final PFFP (and incorporating the FIA) for public
hearings in the form of one (1) master copy (photo ready) set up to
print double side copies and a computer diskette file formatted for
Microsoft Word.
Due date: Five days after City delivers final (screencheck) comments
to the Consultant.
Deliverable No.6:
Delivery of Final Document to City Staff in the form of one (1)
master copy set up to print double-sided copies to be incorporated
into binders plus draft conditions of approval for the tentative map.
Due date: Within one week following City Council hearing.
Deliverable No.7:
Delivery of draft conditions of approval for the tentative map.
Due date: Two week after the consultant delivers final draft.
Dates for completion of all Consultant services: Twelve months from the effective date of
agreement or as extended by the Director of Planning in the Director's sole discretion.
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P -.), 7
10. Documents to be provided by Applicant to Consultant:
(X) site plans/draft SPA document (X) grading plans ( ) architectural elevations (X) project
description (X) technical studies including water, wastewater, drainage, traffic (X) phasing plan.
11. Contract Administrators:
City: Richard M. Rosaler, AICP
Principal Planner
City of Chula Vista Planning and Building Department
276 Fourth Avenue
Chula Vista, CA 91910
Applicant: Todd Galarneau
McMillin Otay Ranch, LLC
2750 Womble Road
San Diego, CA 92106
Consultant: Anthony G. Ambrose, AICP
Burkett and Wong Engineers, Inc.
3434 Fourth Avenue
San Diego, CA 92103
12. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest
Code:
(X)
Not Applicable.
( )
Category No.1.
( )
Category No. 2.
( )
Category No. 3.
( )
Category No.4.
( )
Category No. 5.
Not an FPPC Filer.
Investments and sources of income.
Interests in real property.
Investments, interest in real property and sources of income
subject to the regulatory, permit or licensing authority of the
department.
Investments in business entities and sources of income , which
engage in land development, construction or the acquisition
or sale of real property.
Investments in business entities and sources of income of the
type which, within the past two years, have contracted with
the City ofChula Vista (Redevelopment Agency) to provide
12/1/06
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services, supplies, materials, machinery or equipment.
( )
Category No.6.
Investments in business entities and sources of income of the
type which, within the past two years, have contracted with
the designated employee's department to provide services,
supplies, materials, machinery or equipment.
( )
Category No.7.
Business positions.
13. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
( ) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
() Errors and Omissions insurance: None Required (included in Commercial General
Liability coverage).
(X) Errors and Omissions insurance: $250,000 (not included in Commercial General
Liability coverage).
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y.....);;
Exhibit B
Additional Recitals
WHEREAS, the Applicant has deposited or will deposit an initial sum for the processing of
requests for proposals, draft and final Public Facilities Financing Plans (PFFP), and all other
necessary documents as outlined in Exhibit A, and
WHEREAS, public notice of the required consulting services was given to the consultants
included on the City's list of prospective consultants for preparation of Public Facilities Financing
Plans (PFFP), inviting prospective consultants to submit proposals for preparation ofthe EUC SPA
PFFP, and
WHEREAS, the selection committee has, in accordance with Section 2.56.110 of the Chula
Vista Municipal Code, recommended the Consultant noted in Exhibit A to perform the required
services for the City, and
WHEREAS, the Contract Administrator has negotiated the details of this Agreement in
accordance with procedures set forth in Sections 2.56.11 0 of the Chula Vista Municipal Code.
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Exhibit C
Compensation Schedule and Deposit: Terms and Conditions
( X ) Single Fixed Fee Arrangement
F or performance of all general and detailed services of Consultant prescribed in Exhibit A,
paragraphs 4 and 5, Applicant shall pay a single fixed fee, all of which is to be deposited upon
execution of this agreement. The other one-half shall be due as described under the Deposit section
of this exhibit. The City shall pay Consultant in increments and at the times or milestones set forth
below:
(X) Single Fixed Fee Amount: $39,780.00
Milestone
Amount/Percentage of
Fixed Fee to be Paid
I.
Signing of this agreement by all parties and
upon request by the Consultant
$9,945/25%
2.
Deliverable #1 (Preliminary Draft PFFP)
$13,923/35%
"
.J.
Deliverable #2 (Revised Draft PFFP)
$5,967/15%
4.
Deliverable #5 (Final PFFP)
$5,967/15%
5.
10% retention amount
$3,978/10%
(X) Security for Performance
( ) Performance Bond $
( ) Letter of Credit, $
( ) Other Security:
( ) Type
( ) Amount: $
(X) Retention. Ifthis space is checked, then notwithstanding other provisions to the
contrary requiring the payment of compensation to the Consultant sooner, the City
shall be entitled to retain, at their option, either the following "Retention Percentage"
or "Retention Amount" until the City determines that the Retention Release Even,
listed below, has occurred:
(X) Retention Percentage: 10%
() Retention Amount
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Retention Release Event:
(X) Completion of All Consultant Services to the satisfaction of the
Director of Planning and Building.
( ) Other:
( ) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of the General
and Detailed Services herein required of Consultant for $39,780.00 including all Materials, and other
"reimburseables" ("Maximum Compensation").
Rate Schedule
Category of Employee
of Consultant
Hourly Rate
Burkett and Wong:
Principal
Engineer/Planner
Technician
Asst. Engineer/Planner
Clerical
$140
$110
$ 75
$ 70
$ 45
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I'
1.3.1-.
**************
Deposit
(X) Deposit Amount: At execution of agreement - $39,780.00
(X) Use of Deposit to Pay Consultant.
Notwithstanding the sole duty and liability of Applicant to pay Consultant, if this
paragraph is "checked", upon City's receipt of billing by Consultant, and determination by
City in good faith that Consultant's billing is proper, a judgment for which Applicant agrees
to hold City harmless and waive any claim against City, City shall pay Consultant's billing
from the amount of the Deposit. If Applicant shall protest the propriety of a billing to City in
advance of payment, City shall consider Applicant's protest and any evidence submitted prior
to the due date for the payment of said bill by Applicant in making its good faith
determination of propriety.
( X) Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
( ) Monthly
( ) Quarterly
(X) Other: Upon completion of each milestone
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
( ) End of the Month
(X) Other: On the 10th day of each month following completion of each
milestone
C. City's Account Number:
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COUNCIL AGEl'<'DA STATEMENT
t1
Item No.: ~f
Meeting Date: 12/19/2006
ITEM TITLE:
Consideration of request for designation: of 220 Elder A venue as Historic
Site #70- the Ann C. Rutledge House.
SUBMITTED BY:
Resolution of the City Council of the City of Chula Vista designating
220 Elder Avenue as a Historic site and placing 220 Elder Avenue, the
Ann C. Rutledge House, on the City of Chula Vista List of Historic
Sites in accordance with the Municipal Code Section 2.32.070(A).
Director of Planning and BUildin~
~
Interim City Manager JI (4/Sths Vote: Yes No--K.)
REVIEWED BY:
The property owner, Madelene Ross, has requested that her property at 220 Elder Avenue, the
Ann C. Rutledge House, be considered for inclusion on the Chula Vista List of Historic Sites
as a home of distinctive architecture. (Attachment 1)
RECOMMENDATION:
Staff recommends that the City Council adopt the resolution finding that 220 Elder A venue
meets the local criteria for designation of a site and therefore should designate 220 Elder
Avenue, the Ann C. Rutledge House, as Historic site #70 on the City of Chula Vista List of
Historic Sites.
BOARDS/COMlWSSIONS RECOMMENDATION:
The Resource Conservation Commission, at their regular meeting on November 6, 2006,
voted 6-0-0-1 (with Chairman Reid absent) to recommend that the City Council place 220
Elder Avenue, the Ann C. Rutledge House, on the City of Chula Vista List of Historic Sites as
it is a home of distinctive architecture. (Attachment 2)
ENVIRONMENTAL REVIEW: 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.
1. DISCUSSION:
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. The criteria is summarized below and further explained in
Attachment 3.
9-1
Page 2, Item No.: q
Meeting Date: 12/19/2006
Historic Designation Criteria
1.) Associated with important past events.
2.) Associated with significant person(s).
3.) Distinctive architecture.
4.) Yields important historical or pre-historical information.
Architectural Style
This house is best identified as a stucco wall cladding Tudor. According to "A Field Guide to
American Houses" (McAllister, 1984), a relatively small percentage of Tudor houses have this
type of wall structure. This modest example is representative of Tudor's built before the
widespread adoption of brick and stone veneering techniques.
Common Features of Tudors include:
. Steeply pitched roofs (usually side gabled)
· Facades dominated by one or more prominent cross gables, usually steeply pitched
. Decorative half-timbering
. Tall, narrow windows
· Massive Chimneys (commonly crowned by decorative chimney pots)
Historical Context
This home is located in one of the first developed neighborhoods in Chula Vista where several
other historic homes are located. Several surrounding homes, including three Tudor style
homes, have been designated as historic within the last few years.
Features of the site
This home was not included in the 1985 Historic Resources Inventory. However, it is very
similar to 224 Fig A venue, The George Steese House (Historic Site #48), that was designated
in 2001. Staff assumes that the same architect of the George Steese home built this home in
1929. It is a one-story multi-gabled Tudor style house, with a cross gable roof. The gabled
front has exposed rafter ends and consists of a stone trimmed entry porch and a small aperture
that mimicks the form of the entryway. The original wood casement windows are retained and
are generally in single or triple pattern. Other features include a partial brick chimney
crowned by four chimney pots and iron ornamentation. (Attachment 4)
Significance
This house, though constructed of more of a plaster material, is best described as a stucco wall
cladding tudor house. This is a unique subtype of Tudor architecture that is most common on
9-2
Page 3, Item No.: Cj
Meeting Date: 12/19/2006
modest examples of tudor homes. This structure retains the integrity of the original design
and materials and is significant for the distinctive type of architecture.
2. 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. This charming Tudor home is located within an enclave of
other historically significant properties. This home retains the integrity of material and design
and embodies the distinctive characteristics of stucco wall cladding Tudor. Staff recommends
that the City Council designate 220 Elder A venue as Site #70 on the Chula Vista Historic Sites
List for being a home of distinctive architectural style, meeting Criteria #3, having
distinguishing architectural characteristics.
3. DECISION MAKER CONFLICTS:
Staff has reviewed the property holdings of the City Council and has found no such holdings
within 500 feet of the property which is the subject of this action.
4. FISCAL IMPACT:
There is no fiscal impact associated with the inclusion of 220 Elder Avenue, the Ann C.
Rutledge House, on the Chula Vista's List of Historic Sites. However, designation would
qualify this property to participate in the Mills Act Program, which would result in a reduction
of the tax assessed on this property. This reduction in property taxes results in a negligible
annual fiscal impact to the City and other agencies which rely on property tax revenues.
Attachments:
1.) Application for Designation
2.) Resource Conservation Commission minutes/November 6, 2006
3.) Local Historic Criteria
4.) Photos of the property
5.) Resolution
J:\Planning\Lynnette\historic designation\Council Reports\220 Elder Agenda Statement.doc
9-3
CITY OF CHULA VISTA
PLANNING & BmLDING DEPARTNlENT
OlY OF 276 Fourth Avenue
CHUlA. VISTA Chula Vista, CA 91910
[I APPLICANT/OWNERINFORi~TION
Applicant/Owner Name: M Clddc,!\G \<.OSS
Applicant/Owner Address: 2'21:) Bde'( A.ve
Phone 01C,- Y34-1154
Secondary Owner Name: Ch1 &(Dp\1<< Ross
Owner Address: IJ.2o ruG" kve.
Phone iJ i q - Cf ~4 - '2-lS2\-
I N~~~~RA~~~ALISREQ{jIRED
I SIGNATURE: " 'Oi,Llllme:. p" Ross SIGNAT1JRE:
I OA rE: '0/ '];0 ! ~ OA TE:
II PROPERTY INFORMATION II
Property Address: '120 8dCY Ave...
^
Common name: k06S Historic name:
Year Built: i CJl. q Approximate Property size (in feet) or approximate acreage A\7PI'Dx. \3Sb sF HvU':6
Ownership is: Private v' or Public sJ(ll3le -&unltv AP?'(t)!. IJCOO sF l,..6\
. . . _: J. { ~1l\1\1t \ p' ,-- L',,?
Present Use: vnv<LTt (D~l(CL</VlC0 ~"';:,'lu;originaIUse: r1viLie. ',e-S\Glau:e.. -;ivv
Architectural Style: 2,1Df'-l WO k. - v
,
Assessor's Parcel Number (Required): 50'0 0 i! 07 00 Zone: K i
Historic Designation
APPLICATION FORLvl
II
Case#: 110- ~l ~"6<<
Date Submitted: 8.3l),;;2oot;.,
II
II mSTORIC/LANDMARK INFORMATION
Use the reverse side of this fonm or a separate piece of paper may be attached for questions 1-3.
(1.
'it \
~'rI,')<
all""',,"'" \ 2.
S\'1Ckt I
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"
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. speciai aesthetics; cultural.
architectural, or engineering factors; and any dates, events, or persons associated with the site or
structure). See attached established criteria for designation.
Has the site or structure been altered in any way from its original design?
Yes No (If yes, explain)
Briefly describe the present physical condition of the property include a rating of poor, fair, good, or
excellent.
9-4
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NRECORDING REQUESTED BY:
New Century Title Company - San Diego Title
OROER NO.: 3047401
ESCROW NO.: 27044540-DLH
AND WHEN RECORDED MAIL TO:
Madelene B. Ross
220 Elder Avenue
Chula Vista, CA 91910
A.P.N. 568-011-07
(SPACE ABOVE THIS LINE IS FOR RECORDER'S USE)
GRANT DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S) that documentary transfer tax is $.00 (County) $.00 (City)
( ) computed on full value of property conveyed, or
( ) computed on full value less liens or encumbrances remaining at time of sale
( X ) City of Chula Vista
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Christopher J. Ross and
Madelene B. Ross, husband and wife
hereby GRANT(S) to Madelene B. Ross, a married woman as her sole and separate property
the following described real property In the City of Chula Vista, County of San Diego, State of California:
Lot 7 of Block 'A' of Smailes Park, in the City of Chula Vista, County of San Diego, State of California, according to Map
thereof No. 2109, filed in the Office of the County Recorder of San Diego County, May 25,1928.
DATED: January 21, 2005
STATE OF CAUFORNIA
COUNTY OF
On
Christopher J. Ross
before me
Personally appeared
Personally known to me (or praved to me on the ba$is 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 offidaJ seaL
Signature
(This area for official notary seal)
(.;r"nl' n",,,,rl ()l:iR'l11-04
MAll TAX STATEM~iAS DIRiECTJ;:D A80VIE
HISTORIC/LANDMARK INFORMATION
We are applying for historic designation of our home at 220 Elder Avenue
based on the architectural characteristics. The architectural style of our
property is known as "Storybook" style. This style .first appeared in the
early 1920's and was inspired by The Great War, the American soldiers
first exposure to the European continent and the architecture of France
and England. I have enclosed a copy of "A Storybook Primer" as a
reference that defines features and characteristics of the Storybook Style.
Attached are a few photos of our property that illustrate these defining
characteristics.
The property hasn't been altered in any way from its original design that
we are aware of.
The current physical condition of the property is fair. The double-hung
windows need repair and restoration, the electrical wiring and plumbing
are still original and need updating, the wood floors have been refinished
in approximately 75% of the house. The post and pier foundation is sagging
in some high traffic areas of the house and need repair. The fireplace has
been inspected and deemed unsafe for use due to deterioration of the
chimney lining. We are currently in the process of painting the exterior.
There is a house of the same style in our neighborhood that has been
designated historic, 224 Fig Ave. However, I do not know on what criteria
that property qualified as historic.
9-6
DRAFT
MINUTES OF A REGULAR MEETING OF THE
RESOURCE CONSERVATION COMMISSION
November 6, 2006
Ken Lee Building Conference Room
430 'F' Street
MEETING CALLED TO ORDER by Vice-Chair Jasek at 4:30 p.m.
ROLL CALL/MOTION TO EXCUSE
MEMBERS PRESENT:
Vice-Chair Stanley Jasek, Commissioners Eric Mosolgo, Georgie
Stillman, Lynda Gilgun, Richie Macias, Jr. and Brett Davis (4:33
p.m.)
MSC (Jasek/Mosolgo) to excuse Chair Doug Reid. Vote: (5-0-0-1) with Davis absent.
STAFF PRESENT:
Marisa Lundstedt, Environmental Projects Manager
Brendan Reed, Environmental Resource Manager
Lynnette Tessitore-Lopez, Associate Planner
Linda Bond, Recording Secretary
OTHERS PRESENT:
Pamela Bensoussan, 616 Second Avenue
Patrick & Judith Pidgeon, 20 Pepper Tree Road
Rufino & Soledad Roque, 446 Third Avenue
Christopher & Madeline Ross, 220 Elder Avenue
Steven Ritter, 654 Del Mar Avenue
David &Martina Doyer, 44 N. Second Avenue
APPROVAL OF MINUTES: August 21 and September 18, 2006
AUGust 21. 2006
MSC (Mosolgo/Gilgun) to approve the August 21, 2006 minutes as written. Vote: (4-0-1-
2) with Macias abstaining and Reid and Davis absent.
September 18. 2006
MSC (Stillman/Gilgun) to approve the minutes of September 18, 2006 as presented.
Vote: (4-0-1-2) with Jasek abstaining and Reid and Davis absent.
ORAL COMMUNICATIONS: None.
DRAFT
9-7
fJ/,L .J:7
HIj..!CJ) m OJ / f'.-
DRAFT
Ree Minutes
- 2 -
November 6, 2006
NEW BUSINESS
1. Shade Tree Planting Program Grant Proposal
Mr. Brendan Reed (Environmental Resource Manager) presented an overview of the
proposal. The grant amount being requested is $212,875 for the planting of 1,275 15-gallon
container shade trees in City right-of-ways and within park areas. The program will involve
over 400 residents contributing approximately 1,400 volunteer hours. The grant proposal will
go before the City Council on November 7, 2006.
Commission Comments
Commissioner Stillman requested that whoever plants the trees be sensitive of the City's
view corridors.
Commissioner Macias questioned how the volunteer labor cost was derived.
Commissioner Mosolgo stated that shade trees along Olympic Parkway are needed.
Commissioner Gilgun stated that anything that can be done to improve walkability is
wonderful.
Staff satisfactorily provided information and clarification to the Commissioners concerns.
No action was required on this item, but the Commissioners wanted their comments
included in the minutes. Therefore, the following motion was made.
MSC (Stillman/Davis) to make all of the RCC comments a part of the minutes. Vote:
(6-0-0-1) with Reid absent.
2. Historic Designations: 20 Pepper Tree Road (Dr. Laurl W. Moffitt House)
416 Third Avenue (EI Primero Hotel)
220 Elder Avenue (Ann C. Rutledge House)
654 Del Mar Avenue (Hollaway Sumner House)
Ms. Lynnette Tessitore-Lopez (Associate Planner) mentioned the qualifying criteria for
historic designation before presenting each property requesting historic designation.
MSC (Stillman/Jasek) to recommend historic designation of all four properties. Vote:
(6-0-0-1) with Reid absent.
3. Mills Act Contracts:
20 Pepper Tree Road (Dr. Laurl W. Moffitt House)
416 Third Avenue (EI Primero Hotel)
220 Elder Avenue (Ann C. Rutledge House)
654 Del Mar Avenue (Hollaway Sumner House)
DRAFT
9-8
DRAFT
RCC Minutes
- 3 -
November 6, 2006
44 North Second Avenue (Edward Gillette House) Historic
Site #30
611 Second Avenue (Bronson .Carriage House) Historic Site
#10a .
Ms. Tessitore-Lopez described what the Mills Act Contract entails. She then presented 44
North Second Avenue and 611 Second Avenue, which had been designated historic sites
years earlier.
20 Pepper Tree Road (Dr. Laur! W Moffitt House)
Commissioner Stillman requested that the following be written into the contract for this
particular house:
. That, in time, the painted security screen doors be replaced with security doors that
match the architecture of the house.
. That, in time. the vinyl garage door be replaced with something more appropriate to the
era (e.g., wood or Plexiglas).
. That the Pepper trees be maintained.
Ms. Pamela Bensoussan (616 Second Avenue, Chula Vista, CA 91910) offered her
assistance to the homeowners regarding names of companies they could contact.
Commissioner Gilgun inquired as to who monitors the homes to make sure they are
maintained.
MSC (Jasek/Davis) that the comments of Commissioner Stillman be added in the
contract for 20 Pepper Tree Road. That the RCC recommend acceptance of staffs'
recommendation for the Mills Act. Vote: (6-0-0-1) with Reid absent.
416 Third Avenue (EI Primero Hotel!
MSC (Jasek/Davis) that the RCC accept the recommendation of staff for 416 Third
Avenue for a Mills Act application. Vote: (6-0-0-1) with Reid absent.
220 Elder Avenue (Ann C. RutledGe House)
MSC (Jasek/Gilgun) to concur with staffs' recommendation to accept 220 Elder
Avenue into the Mills Act program. Vote: (6-0-0-1) with Reid absent.
654 Del Mar Avenue (Hollawav Sumner House)
Commissioner Stillman noted that the owners have already included replacement of the
metal awnings in their contract. Commissioner Stillman felt that the awnings were distracting
from the beauty of the home. The original awnings were probably not metal.
MSC (Stillman/Mosolgo) that the RCC recommend that the house be accepted for
the Mills Act. Vote: (6-0-0-1) with Reid absent.
DRAFT
9-9
DRAFT
Ree Minutes
- 4 -
November 6, 2006
44 North Second Avenue (Edward Gillette House)
MSC (Stillman/Macias) that the RCC recommend that t~e Edward Gillette House be
accepted for the Mills Act. Vote: (6-0-0-1) with Reid absent.
611 Second Avenue (Bronson Carriace House)
MSC (Stillman/Davis) that the RCC recommend that the Bronson Carriage House be
awarded the Mills Act. Vote: (6-0-0-1) with Reid absent.
ENVIRONMENTAL PROJECTS MANAGER COMMENTS: Ms, Marisa Lundstedt (Environ-
menta/ Projects Manager) reminded those Commissioners who had not yet attended the Ethics
Training for certification that the next training session would be held on Wednesday, November
8,2006, from 1:30-3:30 p.m. in the Council Chambers.
CHAIR COMMENTS: None,
COMMISSIONER COMMENTS: Commissioner Mosolgo requested a presentation before the
RCC regarding water quality sampling for the Bay.
ADJOURNMENT: Vice-Chair Jasek adjourned the meeting at 5:35 p.m. to a regular meeting
on Monday, November 20, 2006, at 4:30 p.m. in the Ken Lee Building Conference Room, 430
"F" Street, Chula Vista, CA 91910.
Prepared by:
Linda Bond
Recording Secretary
(J:\Planning\RCC\2006\RCC11 0606Mins)
DRAFT
9-10
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CIlY OF
CHULA VISTA
In order to qualify for designation a site must be found
to meet at least one of the following criteria:
1.) Associated with events that have made a significant contribution to the broad
patterns of history at the local, state or national level; or
2.) That are associated with the lives of significant persons in the past; or
3.) That embody the distinctive characteristics of a type, period, or method of
construction, or that represent the work of a master, or that possess high artistic
values, or that represent a significant and distinguishable entity whose
components may lack individual distinction; or
4.) That have yielded or may be likely to yield, information important in history or
prehistory.
9-11
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7
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA DESIGNATING 220 ELDER
AVENUE AS A HISTORIC SITE AND PLACING 220
ELDER A VENUE, THE ANN C RUTLEDGE HOUSE,
ON THE CITY OF CHULA VISTA LIST OF HISTORIC
SITES IN ACCORDANCE WITH THE MUNICIPAL
CODE SECTION 2.32.070(A).
WHEREAS, 220 Elder Avenue (APN 568-011-07-00) is a Tudor constnrcted
around 1929; and,
WHEREAS, staff received communication from the property owner, Madelene
Ross, requesting that her home, 220 Elder A venue, be designated as a historic site on the
City ofChula Vista List of Historic Sites; and,
WHEREAS, the Resource Conservation Commission at their regular meeting on
November 6, 2006 determined that 220 Elder Avenue meets one of the local criterion for
designation because it is shown that it has distinguishing architectural characteristics as a
unique Tudor style home; and
WHEREAS, the Resource Conservation Commission at their regular meeting on
November 6,2006 voted 6-0-0-1 (with Chairman Reid absent) to recommend that the
City Council place 220 Elder Avenue, the Ann C. Rutledge 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 31, Historical Resources Restoration and Rehabilitation.
NOW, THEREFORE, BE IT RESOL VED, this 19th day of December 2006, that
the City Council does hereby approve the designation of 220 Elder A venue, the Ann C.
Rutledge 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 # 70.
Presented by:
Approved as to form by:
James D. Sandoval
Director of Planning & Building
l:\Atlomey\RESO\COMM DEV\120 Elder Avenue _12.i9-06
9-18
COUNCIL AGENDA STATEMENT
Item No.: rO
Meeting Date: 12/19/2006
ITEM TITLE:
Consideration of request for designation of 20 Pepper Tree Road as
Historic Site #71- the Dr. Laud W. Moffitt House.
SUBMITTED BY:
Resolution of the City Council of the City of Chula Vista designating 20
Pepper Tree Road as a Historic site and placing 20 Pepper Tree Road,
the Dr. Laud W. Moffitt House, on the City of Chula Vista List of
Historic Sites in accordance with the Municipal Code Section
2.32.070(A).
Director of Planning an~ildin~
Interim City Manager JI (4/5ths Vote: Yes _ No~)
REVIEWED BY:
The property owners, Patrick and Judith Pidgeon, have requested that their property at 20
Pepper Tree Road, the Dr. Laud W. Moffitt House, be considered for inclusion on the Chula
Vista List of Historic Sites as a home of distinctive architecture. (Attachment 1)
RECOMMENDATION:
Staff recommends that the City Council adopt the resolution finding that 20 Pepper Tree Road
meets the local criteria for designation of a site and therefore should designate 20 Pepper Tree
Road, the Dr. Laud W. Moffitt House, as Historic site #71 on the City of Chula Vista List of
Historic Sites.
BOARDS/COMMISSIONS RECOMMENDATION:
The Resource Conservation Commission at their regular meeting on November 6, 2006 voted
6-0-0-1 (with Chairman Reid absent) to recommend that the City Council place 20 Pepper
Tree Road, the Dr. Laud W. Moffitt House, for inclusion on the Chula Vista List of Historic
Sites as it is a home of distinctive architecture. The RCC also recommended that the Mills
Act Agreement for this property list that the existing garage door and security doors be
replaced with doors that are more historically appropriate with Cliff May ranch style home and
that the existing pepper trees be maintained and not be removed. The property owners agreed
and have included both on their Mills Act Agreement. (Attachment 2)
ENVIRONMENTAL REVIEW:
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.
10-1
Page 2, Item No.: I b
Meeting Date: 12/19/2006
1. DISCUSSION:
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. The criteria is summarized below and further explained in
Attachment 3.
Historic Designation Criteria
1.) Associated with important past events.
2.) Associated with significant persons.
3.) Distinctive architecture.
4.) Yields important historical or pre-historical information.
Architectural Style
The Ranch style is a common type of architecture found throughout the United States. The
Ranch architecture evolved from other twentieth century styles and reflect a relaxed Western
lifestyle. The architecture is typically uncomplicated and typically are constructed using
natural materials.
Ranch style homes are inspired by the architecture of Cliff May. In the early 1930's Cliff
May was designing homes that were built for comfort, enjoyment and relaxation with wide
open spaces with the goal of bringing the outdoors in.
Common Features of Ranch Style Architecture include:
. Long,Horizontal Asymmetrical Facades
. Hipped or gabled roof
. Logical, open floor plan
. Minimal Ornamentation
. Attached garages
Historical Context
This home is located within Pepper Tree Estates, which was once a part of the Hazel Goes
Cook Estate. Hazel Goes Cook was a prominent landowner and rancher that owned many
acres of lemon orchards from Pepper Tree Estates to what is now First Avenue. These
orchards contributed to the agricultural success of Chula Vista and provided employment for a
large number of Chula Vistans.
10-2
Page 3, Item No.: 10
Meeting Date: 12/19/2006
Features of the site
This custom designed ranch home though unassuming from the outside, is a classic example of
a ranch style home that blends the outdoors into the interior ambiance and captures the
"garden in every room" principle of architecture inspired by Cliff May. It has a low pitch,
cross hipped, roof with original wood shake shingles. A cupola roof vent sits on the east wing
of the house and two chimney-pot like features cap the chimney. The u-shaped floor plan
creates specific living spaces with interior rooms that open up to the outdoors. Each of the
interior rooms has either large view windows or doors that open out to outdoor patios. The
outdoors are further integrated into the design of this home through the floor to ceiling
cedarwood walls that are found in three of the bedrooms, the family room, kitchen and dinette
area. The home also has original wood crown molding and built-in cabinetry throughout the
house.
The exterior walls are constructed of redwood and plaster. The majority of the front exterior
is faced with board on board redwood combined with accent trim of rough concrete brick.
The entryway is recessed and is trimmed with rough concrete brick and a flagstone floor that
extends throughout the interior entry and front hallway. The numerous windows throughout
the home are all original crank style.
The front landscaping incorporates pepper trees that Hazel Goes Cook planted which
complements and accentuates the ranch style architecture of this home. (Attachment 3)
Significance
This home is most significant for it's architecture. It is a good example of a Post WWII
1950's Ranch Style home. Though the Ranch style is very common throughout North
America, this home is a model that embodies the essence and character of the hallmark Ranch
home.
2. 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. This classic ranch style home embraces the spirit of a true Cliff
May California Ranch home. It is unique for it's design and layout and for the interior
elements that erase the lines between the indoors and outdoors. Therefore, staff recommends
that this home be considered for inclusion on the Chula Vista List of Historic Sites (Historic
Site #71) for it's distinctive architectural style with special consideration for preservation of
the distinctive features of the interior of the home.
3. DECISION MAKER CONFLICTS:
Staff has reviewed the property holdings of the City Council and has found no such holdings
within 500 feet of the property which is the1~Qj3ct of this action.
Page 4, Item No.: 10
Meeting Date: 12/19/2006
4. FISCAL IMPACT:
There is no fiscal impact associated with the inclusion of 20 Pepper Tree Road, the Dr. Laurl
W. Moffitt House, on the Chula Vista's List of Historic Sites. However, designation would
qualify this property to participate in the Mills Act Program, which would result in a reduction
of the tax assessed on this property. This reduction in property taxes results in a negligible
annual fiscal impact to the City and other agencies which rely on property tax revenues.
Attachments: 1.) Application for Designation
2.) Resource Conservation Commission minutes/November 6, 2006
3.) Local Historic Criteria
4.) Photos of the property
5.) Resolution
J:\PlaIUling\Lynnette\historic designation\Collncil Reports\20 Pepper Tree Road Agenda Statement. doc
10-4
~!~
-f!-
-...:=-
CITY OF CHULA VISTA
PLANNING & BUILDING DEPARTMENT
276 Fourth Avenue
ChuIa Vista, CA 91910
Historic Designation
APPLICATION FORM
ellY Of
CHUlA VISfA
II
Staff Use
II APPLICANT/OWNER INFORMATION
Applicant/Owner Name: ?ATRI~J< 'F. -?/Or;.Eo^J
Applicant/Owner Address: :r tJD"r~ A, 1>/D(;E. 0 /'oJ
Phone: ,,/q -Jf~~-b:J.;J'
Secondary Owner Name:
Owner Address: 010 'PE..fPL/2 TR.~ rCD
Phone: 1../9 -/f:;J:J-?t.27.. h
Case#: ~~61
D"I.. SlIhmittoo' i..1. ;J/)O
---,
OWNER APPROVAL IS REQUIRED
NAME:
SIGNATURE:
DATE:
, NAME:
! SIGNATURE:
, DATE:
II
II PROPERTY INFORMATION
Property Address: aD 'PE pPL/C. rPG&. J?OA n
CI-I Vi-A vi s1""A ~A q / '1/ tJ
Common name:
Historic name:
Year Built: j 951 Approximate Property size (in feet) or approximate acreage
Ownership is: Private)( or Public
Present Use: "Rt; 5 I DE. JJC 13.- Original Use:
Architectural Style: C'ALlt=='oR^l'~ /(ANu1_
Assessor's Parcel Number (Required): 51'1 C) 10 II 00
.J:':f I1l! rl"
lo,l~ A ttJ'l: 0100/
Zone: ~5i..D Zone: q I ~ /0
II
II mSTORIC/LANDMARK INFORMATION
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, historical aspects of the site or structure as well as any other significant
factors which may determine the property as a historic site/landmark (Le. special aesthetics; cultural,
architectural, or engineering factors; 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 altered in any way from its original design?
Yes No X (If yes, explain)
3.
10-5
fI--!/Qc;)l1)et7f /
I. This property was originally part of the C9Qk:g~tat~in the Peppe! Ire.l;a!l:)a east of G Street off
Hilltop Drive. The house is a custom designed home and is an excellent example of California Ranch
architecture. It was constructed for Dr. Laurl Moffitt and his wife Bernice; Dr. Moffitt was a physician
in the South Bay for over twenty years. He and his family lived in the house until 1983 when the
present owners purchased it.
The house has distinguishing architectural characteristics and integrity. The house - with an
attached double car garage - has the long, low look characteristic of California Ranch architecture with
deep eaves and a pitched wood shake roof. The floor plan is u-shaped with the wings set at 600 to the
face. It features an atmosphere of informality utilizing specific living zones with interior rooms open to
light and views.
The exterior walls utilize redwood, plaster, and rough concrete block trim. The majority of the
front exterior is faced with board on board redwood combined with accent trim of rough concrete brick.
The entry is recessed in a covered porch that is trimmed in rough concrete brick with a flagstone floor
that extends into the entry hall. Behind a transverse passageway, the living and formal dining rooms
open to one another and stretch across the in the center as a buffer; the floor plan follows the Ranch style
by having the bedrooms on one side of the house and the kitchen and active living areas on the other.
Each of the interior rooms has either large view windows or doors opening out to patios. The
master bedroom, living room, formal dining room, and family room each have French doors opening out
to the large rear patio. The formal dining and family rooms open on to a covered porch overlooking the
large rear patio.
The interior walls are original lath and plaster or solid wood. The original crown molding
remains throughout the house. In the family room, kitchen, and dinette area the walls and cabinets are
the original knotty cedar. This same wood is found in three of the bedrooms. Ceramic tile is in all of
the bathrooms. There is extensive original built-in cabinetry throughout the house. (The original
blueprints for the house are available.)
In landscaping the front of the property, special attention was given to incorporate the pepper
trees Mrs. Cook had planted along the street together with a design and materials to accentuate the
Ranch style architecture.
I have included an article, which describes the characteristics of the Ranch style architecture.
10-6
----
rR-RJ\ TIT! F COrmNY
10- ..
42
"':..3" :2\3-). c1 I
~' E~~~
OFFICIAL RECORDS
OF SAN OIEGO COUNTY, CA.
RECORDING REOUESTED BY
J
TE,~P.A TmE COj~PAltY.
1983 j UN 24- AM 8:00
AND WHEN RECORDED, MAIL THIS DEED AND, UNLESS
OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS TO:
~AME r--- I
I Mr. and Mrs. P. F. Pidgeon I
I,ODRESS
20 Pepper Tree Road
Chula Vista, Calif.
;ITY &
iTATE
:IP
L
92010
--.J
I VERA L LYLE
~OUNTY RECORDER
RF
MG
UF
I TXPD
SPACE ABOVE THIS LINE FOR REC USE
~
III BANKOF AMERICA
Escrow No.
p
Tille Order No.
232-12441
832145-V
Grant Deed
Code Area and
A.P.N. 1001-574-010-11
The undersigned declares that the documentary transfer tax is $ 253.00
lCl. computed on the full value of property conveyed.
[] computed on the full value less the value of liens or encumbrances remaining at the time of sale.
o unincorporated area: l:iJ City of Chula Vista
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, LAURL W. MOFFITT, a widower
and LAURL W. MOFFITT, Trusteed the Estate of Bernice C. Moffitt, Deceased
hereby GRANT!s) to
PATRICK F. PIDGEON and JUDITH A. PIDGEON
husband and wire as Joint Tenants
the following described real property in the
County of San Diego
City of Chula Vista,
, State of California:
All that portion of the Northwest Quarter of Quarter Section 112 of Rancho de la Nacion,
in the City of Chula Vista, County of San Diego, State of California, according to Map
thereof No. 166 by MORRILL, filed in the office of the County Recorder of San Diego
County, described as follows:
Beginning at a point on the Northwesterly line of Quarter Section 112, distant
thereon 230.00 feet from the Northwesterly corner thereof, said point being
the Northeast corner or land conveyed to Marvin L. Warner and Wife, by Deed
recorded in Book 2639, Page 94 of Official Records; thence South 19008'16"
East along the Easterly line of said Warner's land 170 feet to the South-
easterly corner thereof; thence North 70014'40T! East 130 feet; thence North
19008'10" West, 170 feet to the Northerly line of said Quarter Section 112;
thence along said Northerly line South 70014'40" West, 130 feet to the POINT
OF BEGINNING.
Dated
JUDe 8, 1983
4~ v~"' w 1Jz~jltJ
La \J r 1 ....;. ~lo f fit t /./
S i.;:- E C)~ C ';l..IF'JHr,ji~\
ss
COVN Tl' Of
:';'''4~ ~,,~u
On (...-~ "l
v
tho "nrio::orc::i,-,norl .., "I,..",..,..... 0
/ <J 8 .:f
10-7
before me.
~~//h-~~
Laud II. Moffit, Trulltee rn. ?
/. /J. ~ A- -A/Jj", ,~~.
,I_.I;~;~ ~_... .__ __:-' r"_ __
------,,;..
COUNTY OF
San Diego
.. r---'
On ~ ;T, /<7 S 3 before me
v '
the undersigned, a Notary Public in and for said County and
State, personally appeared Laurl W. Moffitt as
an individual and Laurl W. Moffitt as Trustee
known to me to be the person_whose name is
subscribed to the within instrument and
acknowledged that he
executed the same.'
WITNESS my hand and official seal.
~z-} ~o. 42_~
signature of notary .
~~~J:~R:~~~::;~2~~~'"
II \:<,'~~-.i.~^r "AN r'.IL~'l f'.....':r.:"y
~I '~' My co"'mm.~,;:;~~':~..::-',,:'~;~' 18, ::1::'.:
J:=::: ~~--..;;~,,--"~--
MAil TAX STATEMENTS TO PARTY SHOWN ON FOllOWING liNE; iF NO PARTY SHOWN, MAil AS DIRECTED ABOVE
Name
Address
City
State
Zip
lL26>-:.,g1
10-8
,
I
ALL THAT PORTION OF THE NORTHWEST QUARTER OF QUARTER SECTION 112 OF RANCHO DE
LA NACION, IN THE CITY OF CHlJLA VISTA, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166 BY MORRILL, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS,
BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF QU)l:"TER SECTION Il2,
DISTANT THEREON 230.00 FEET FROM THE NORTHWESTERLY CORNER THEREOF, SAID POINT
BEING THE NORTHEAST CORNER OF LAND CONVEYED TO MARVIN L. WARNER AND WIFE, BY
DEED RECORDED IN BOOK 2639, PAGE 94 OF OFFICIAL RECORDS; THENCE SOUTH 19' OB'
16" EAST ALONG THE EASTERLY LINE OF SAID WARNER'S LAND 170 FEET TO THE
SOUTHEASTERLY CORNER THEREOF; THENCE NORTH 70' 14' 40" K",ST 130 FEET; THENCE
NORTH 19' 08' 10" WEST, 170 FEET TO THE NORTHERLY LINE OF SAID QUARTER
SECTION Il2, THENCE ALONG SAID NORTHERLY LINE SOUTH 70' 14' 40" WEST, 130
FEET TO THE POINT OF BEGINNING.
.",SSESSOR'S PARCEL NO. 574-0ICI-Il
10-9
DRAFT
MINUTES OF A REGULAR MEETING OF THE
RESOURCE CONSERVATION COMMISSION
November 6, 2006
Ken Lee Building Conference Room
430 'F' Street
MEETING CALLED TO ORDER by Vice-Chair Jasek at 4:30 p.m.
ROLL CALUMOTION TO EXCUSE
MEMBERS PRESENT:
Vice-Chair Stanley Jasek, Commissioners Eric Mosolgo, Georgie
Stillman, Lynda Gilgun, Richie Macias, Jr. and Brett Davis (4:33
p.m.)
MSC (JaseklMosolgo) to excuse Chair Doug Reid. Vote: (5-0-0-1) with Davis absent.
STAFF PRESENT:
Marisa Lundstedt, Environmental Projects Manager
Brendan Reed, Environmental Resource Manager
Lynnette Tessitore-Lopez, Associate Planner
Linda Bond, Recording Secretary
OTHERS PRESENT:
Pamela Bensoussan, 616 Second Avenue
Patrick & Judith Pidgeon, 20 Pepper Tree Road
Rufino & Soledad Roque, 446 Third Avenue
Christopher & Madeline Ross, 220 Elder Avenue
Steven Ritter, 654 Del Mar Avenue
David & Martina Doyer, 44 N. Second Avenue
APPROVAL OF MINUTES: August 21 and September 18, 2006
Auqust21.2006
MSC (Mosolgo/Gilgun) to approve the August 21,2006 minutes as written. Vote: (4-0-1-
2) with Macias abstaining and Reid and Davis absent.
September 18. 2006
MSC (Stillman/Gilgun) to approve the minutes of September 18, 2006 as presented.
Vote: (4-0-1-2) with Jasek abstaining and Reid and Davis absent.
ORAL COMMUNICATIONS: None.
DRAFT
10-10
f/t!achrfl.frd- 2
DRAFT
Ree Minutes
- 2-
November 6, 2006
NEW BUSINESS
1, Shade Tree Planting Program Grant Proposal
Mr. Brendan Reed (Environmental Resource Manager) presented an overview of the
proposal. The grant amount being requested is $212.875 for the planting of 1,275 15-gallon
container shade trees in City right-of-ways and within park areas. The program will involve
over 400 residents contributing approximately 1,400 volunteer hours. The grant proposal will
go before the City Council on November 7, 2006.
Commission Comments
Commissioner Stillman requested that whoever plants the trees be sensitive of the City's
view corridors.
Commissioner Macias questioned how the volunteer labor cost was derived.
Commissioner Mosolgo stated that shade trees along Olympic Parkway are needed.
Commissioner Gilgun stated that anything that can be done to improve walkability is
wonderful.
Staff satisfactorily provided information and clarification to the Commissioners concerns.
No action was required on this item. but the Commissioners wanted their comments
included in the minutes. Therefore, the following motion was made.
MSC (Stillman/Davis) to make all of the RCC comments a part of the minutes. Vote:
(6-0-0-1) with Reid absent.
2. Historic Designations: 20 Pepper Tree Road (Dr. Laurl W. Moffitt House)
416 Third Avenue (EI Primero Hotel)
220 Elder Avenue (Ann C. Rutledge House)
654 Del Mar Avenue (Hollaway Sumner House)
Ms. Lynnette Tessitore-Lopez (Associate Planner) mentioned the qualifying criteria for
historic designation before presenting each properly requesting historic designation.
MSC (Stillman/Jasek) to recommend historic designation of all four properties. Vote:
(6-0-0-1) with Reid absent.
3. Mills Act Contracts:
20 Pepper Tree Road (Dr. Laurl W. Moffitt House)
416 Third Avenue (EI Primero Hotel)
220 Elder Avenue (Ann C. Rutledge House)
654 Del Mar Avenue (Hollaway Sumner House)
DRAFT
10-11
DRAFT
RCC Minutes
- 3 -
November 6. 2006
44 North Second Avenue (Edward Gillette House) Historic
Site #30
611 Second Avenue (Bronson Carriage House) Historic Site
#10a '
Ms. Tessitore-Lopez described what the Mills Act Contract entails. She then presented 44
North Second Avenue and 611 Second Avenue, which had been designated historic sites
years earlier.
20 Pepper Tree Road (Or. Laurl W. Moffitt House)
Commissioner Stillman requested that the following be written into the contract for this
particular house:
. That, in time, the painted security screen doors be replaced with security doors that
match the architecture of the house.
. That, in time, the vinyl garage door be replaced with something more appropriate to the
era (e.g., wood or Plexiglas).
. That the Pepper trees be maintained.
Ms. Pamela Bensoussan (616 Second Avenue, Chula Vista, CA 91910) offered her
assistance to the homeowners regarding names of companies they could contact.
Commissioner Gilgun inquired as to who monitors the homes to make sure they are
maintained.
MSC (Jasek/Davis) that the comments of Commissioner Stillman be added in the
contract for 20 Pepper Tree Road. That the RCC recommend acceptance of staffs'
recommendation for the Mills Act. Vote: (6-0-0-1) with Reid absent.
416 Third Avenue (EI Primero Hotel)
MSC (Jasek/Davis) that the Ree accept the recommendation of staff for 416 Third
Avenue for a Mills Act application. Vote: (6-0-0-1) with Reid absent.
220 Elder Avenue (Ann C. Rutledae House)
MSC (Jasek/Gilgun) to concur with staffs' recommendation to accept 220 Elder
Avenue into the Mills Act program. Vote: (6-0-0-1) with Reid absent.
654 Del Mar Avenue (Hollawav Sumner House)
Commissioner Stillman noted that the owners have already included replacement of the
metal awnings in their contract. Commissioner Stillman felt that the awnings were distracting
from the beauty of the home. The original awnings were probably not metal.
MSC (Stillman/Mosolgo) that the RCC recommend that the house be accepted for
the Mills Act. Vote: (6-0-0-1) with Reid absent.
DRAFT
10-12
DRAFT
Ree Minutes
- 4-
November 6, 2006
44 North Second Avenue (Edward Gillette House)
MSC (Stillman/Macias) that the RCC recommend that the Edward Gillette House be
accepted for the Mills Act. Vote: (6-0-0-1) with Reid absent.
611 Second Avenue (Bronson Carriaae House)
MSC (Stillman/Davis) that the RCC recommend that the Bronson Carriage House be
awarded the Mills Act. Vote: (6-0-0-1) with Reid absent.
ENVIRONMENTAL PROJECTS MANAGER COMMENTS: Ms. Marisa Lundstedt (Environ-
mental Projects Manager) reminded those Commissioners who had not yet attended the Ethics
Training for certification that the next training session would be held on Wednesday, November
8, 2006, from 1 :30-3:30 p.m. in the Council Chambers.
CHAIR COMMENTS: None.
COMMISSIONER COMMENTS: Commissioner Mosolgo requested a presentation before the
RCC regarding water quality sampling for the Bay.
ADJOURNMENT: Vice-Chair Jasek adjourned the meeting at 5:35 p.m. to a regular meeting
on Monday, November 20, 2006, at 4:30 p.m. in the Ken Lee Building Conference Room, 430
"F" Street, Chula Vista, CA 91910.
Prepared by:
Linda Bond
Recording Secretary
(J:\Planning\RCC\2006\RCC11 0606Mins)
DRAFT
10-13
~V?-
~
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- - - -
CllY Of
CHULA VISTA
In order to qualify for designation a site must be found
to meet at least one of the following criteria:
1.) Associated with events that have made a significant contribution to the broad
patterns of history at the local, state or national level; or
2.) That are associated with the lives of significant persons in the past; or
3.) That embody the distinctive characteristics of a type, period, or method of
construction, or that represent the work of a master, or that possess high artistic
values, or that represent a significant and distinguishable entity whose
components may lack individual distinction; or
4.) That have yielded or may be likely to yield, information important in history or
prehistory.
10-14
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA DESIGNATING 20 PEPPER TREE
ROAD AS A HISTORIC SITE AND PLACING
20 PEPPER TREE ROAD, THE DR. LAURL W.
MOFFITT HOUSE, ON THE CITY OF CHULA VISTA
LIST OF HISTORIC SITES IN ACCORDANCE WITH
THE MUNICIPAL CODE SECTION 2.32.070(A).
WHEREAS, 20 Pepper Tree Road (APN 574-010- 11-00) is a Ranch Style home
constructed around 1954; and,
WHEREAS, staff received communication from the property owners, Patrick and
Judith Pidgeon, requesting that their home, 20 Pepper Tree Road, be designated as a
historic site on the City of Chula Vista List of Historic Sites; and,
WHEREAS, the Resource Conservation Commission at their regular meeting on
November 6, 2006 determined that 20 Pepper Tree Road meets one of the local criterion
for designation because it is shown that it has distinguishing architectural characteristics
as a Ranch style home; and
WHEREAS, the Resource Conservation Commission at their regular meeting on
November 6, 2006 voted 6-0-0-1 (with Chairman Reid absent) to recommend that the
City Council place 20 Pepper Tree Road, the Dr. Laurl W. Moffitt 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; and
NOW, THEREFORE, BE IT RESOLVED, this 19th day of December 2006, that
the City Council does hereby approve the designation of 20 Pepper Tree Road, the
Dr. Laurl W. Moffitt House, as a Historic Site and determines that it is hereby placed on
the City ofChula Vista List of Historic Sites as Historic Site # 71.
Presented by:
Approved as to form by:
James D. Sandoval
Director of Planning & Building
J:\Allorllcy\RESOICOMM DEV\20 Pepper Trc!: Rouu_12-i 'J-()(,
10-21
COUNCIL AGENDA STATEMENT
Item No.: \ \
Meeting Date: 12/19/2006
ITEM TITLE: Consideration of request for designatiqn of 654 Del Mar Avenue as
Historic Site #72- the Hollaway Sumner House.
Resolution of the City Council of the City of Chula Vista designating
654 Del Mar A venue as a Historic site and placing 654 Del Mar
Avenue, the Hollaway Sumner 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 an/ilding ~
REVIEWED BY: Interim City Manager (JI (4/5ths Vote: Yes No __~J
The property owners, Steven Ritter and Salvador Dominquez, have requested that their
property at 654 Del Mar Avenue, the Hollaway Sumner House, be considered for inclusion on
the Chula Vista List of Historic Sites as a home of distinctive architecture. (Attachment 1)
RECOMMENDATION:
Staff recommends that the City Council adopt the resolution finding that 654 Del Mar A venue
meets the local criteria for designation of a site and therefore should designate 654 Del Mar
Avenue, the Hollaway Sumner House, as Historic site #72 on the City of Chula Vista List of
Historic Sites.
BOARDS/COMMISSIONS RECOMMENDATION:
The Resource Conservation Commission at their regular meeting on November 6, 2006 voted
6-0-0-1 (with Chairman Reid absent) to recommend that the City Council place 654 Del Mar
Avenue, the Hollaway Sumner House, for inclusion on the Chula Vista List of Historic Sites
as it is a home of distinctive architecture. (Attachment 2)
ENVIRONMENTAL REVIEW:
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.
1. DISCUSSION:
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 dls~!lnrion of any site, which it has found to meet
Page 2, Item No.: i \
Meeting Date: 12/19/2006
the local criteria as a historical site. The criteria is summarized below and further explained in
Attachment 3.
Historic Designation Criteria
1.) Associated with important past events.
2.) Associated with significant persons.
3.) Distinctive architecture.
4.) Yields important historical or pre-historical information.
Architectural Style
Craftsman style of architecture originated in California and was inspired by the work of two,
Charles Sumner Greene and Henry Mather Greene. The Greene Brothers were led to design
and build these intricately detailed buildings by their interest in the English Arts and Crafts
movement, their interest in oriental wooden architecture, and their training in the manual arts.
Craftsman style homes were the dominant style for "smaller" houses built throughout the
country during the early 1900's.
Features include:
. Low-pitched roof, gabled (occasionally hipped)
. Wide eaves with exposed roof rafters
. Decorative braces or beams
. Porch with square columns
. Built in cabinets, shelves, and seating
Historical Context
This home is located in the 600 block of Del Mar A venue where an enclave of prominent
people in Chula Vista history such as bankers, lawyers, doctors, Chula Vista mayors, and
prominent businessmen eventually built homes. It was one of the first developed and most
prominent neighborhoods in Chula Vista. Several homes along this street are listed on the
Chula Vista List of Historic Sites.
Features of the site
The 1985 Historic Resources Inventory describes this home as a large, almost symmetrical
two-story craftsman. (Attachment 4) It features a low, front facing gable roof with exposed
rafter ends and visible support beam-ends. The entrance is centered and has a gabled hood
with a vent and large braces. The entrance is flanked on each side by a set of three windows.
On the second floor, a set of three windows appears above each set on the ground floor and
there is a pair of double hung windows placed above the entrance. Other details include wide
clapboard siding, an unusually large triangular vent in the front gable, and a circular drive
leading to a brick walk and front stoop. A one-story extension of the house projects out to the
11-2
Page 3, Item No.: j I
Meeting Date: 12/19/2006
right of this charming home. All of the street facing windows are sheltered by awnings.
(Attachment 5)
Significance
This home is most significant for it's architecture. It is a good example of a 1920's craftsman
style home. It is a bit unique in that it is a bit more formal in design than most craftsman style
homes.
2. CONCLUSION:
To qualify for designation based upon distinctive architecture, it must be determined that a
home is a true representation of its architectural sty Ie and that the property is significant within
its determined historic context. This unique two-story craftsman is located on a historically
prominent street in Chula Vista. The home retains the integrity of material and design and
embodies the distinctive characteristics of craftsman architecture and therefore staff
recommends that this home be considered for inclusion on the Chula Vista List of Historic
Sites ( Historic Site #72) for distinctive architecture.
3. DECISION MAKER CONFLICTS:
Staff has reviewed the property holdings of the City Council and has found no such holdings
within 500 feet of the property which is the subject of this action.
4. FISCAL IMPACT:
There is no fiscal impact associated with the inclusion of 654 Del Mar Avenue, the Hollaway
Sumner House, on the Chula Vista's List of Historic Sites. However, designation would
qualify this property to participate in the Mills Act Program, which would result in a reduction
of the tax assessed on this property. This reduction in property taxes results in a negligible
annual fiscal impact to the City and other agencies which rely on property tax revenues.
Attachments:
1.) Application for Designation
2.) Resource Conservation Corrunission minutes/November 6, 2006
3.) Local Historic Criteria
4.) Historic Resources Inventory
5.) Photos of the property
J:\Planning\Lynnette\historic designation\Council Reports\654 Del Mar Avenue Agenda Statement. doc
11-3
CITY OF CHULA VISTA
PLANNING & BUILDING DEPARTMENT
em OF 276 Fourth Avenue
CHUlA VISTA Chula Vista, CA 91910
II APPLICANT/OWNER INFORMATION
Applicant/Owner Name: 5' T1:'IA2...,v f. I TIt I?
Applicant/Owner Address: 6 ~- '-f D€ i ~0,l-V f\:t,'€-
Phone: t 14 7--'1-{-1-"j b:, (it) i i 'j J-'t"i- 3 8'1 ~ Ce l(
Secondary Owner N,ar:e:, -<,',d \/"Au-r '1) Ow1IVl J ",1" "-
Owner Address: "') Y Od ~q<l.-v' ~
Phone: L ''1 'I?D ,- '1 7 7- 0
Historic Designation
APPLICATION FORM
I[
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S/hlpRy-r.3IC"v qO(. CD/)")
OWNER APPROVAL IS REQUlRER
NAME: ~'l:c"tr-! IL 1TTcYz-- NAME: ~{o.)v",,-:&y Do-.->1 ';t,-<e 1-
SIGNATURE ~ SIGNATURE~I;\iAI'':~1'- ~ .~~ l~
DATE: J"/S-/~G DATE: I,' /":;'/c(,->
! 'f
I[
[I PROPERTY INFORMATION
bSLf De (
Property Address:
Common name: f Historic name: /10// c<-w"-Z 0"<,,,,,,..,,,.- /-Io'-tse
Year Built: / <12-') Approximate Property size (in feet) or approximate acr age 0, J-O lie.
Ownership is: Private / or Public
Present Use: KeJicR6v.J-.iJ
Architectural Style: C v",ffs CVta-v-
Assessor's Parcel Number (Required): Ij-t '3 - z. SO - 2 ?-
J~1 tA-v
~
Original Use:
Rr J i cf 'ev' c"-.
Zone:
II
II HISTORICILANDMARK INFORMATION
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, 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). See attached established criteria for designation.
2. Has the site or structure been altered in any way from its original design? ~ 1'"--",,- v, tNV'-
Yes No (If yes, explain) ./Jot ,,^-..e... ~ v'^"'1 '-'''G; /
oM ,\--L"~-k.fh- Sc~ [,& 'f /1j"I""- "",~sQ..
3. Briefly describe the present physical condition of the property include a rating of poor, fair, good, or
excellent
t. X ceJle-wt
11-4
!JPP//CC;;4NI /
DRAFT
MINUTES OF A REGULAR MEETING OF THE
RESOURCE CONSERVATION COMMISSION
November 6, 2006
Ken Lee Building Conference Room
430 'F' Street
MEETING CALLED TO ORDER by Vice-Chair Jasek at 4:30 p.m.
ROLL CALUMOTION TO EXCUSE
MEMBERS PRESENT:
Vice-Chair Stanley Jasek, Commissioners Eric Mosolgo, Georgie
Stillman, Lynda Gilgun, Richie Macias, Jr. and Brett Davis (4:33
p.m.)
MSC (Jasek/Mosolgo) to excuse Chair Doug Reid. Vote: (5-0-0-1) with Davis absent.
STAFF PRESENT:
Marisa Lundstedt, Environmental Projects Manager
Brendan Reed, Environmental Resource Manager
Lynnette Tessitore-Lopez, Associate Planner
Linda Bond, Recording Secretary
OTHERS PRESENT:
Pamela Bensoussan, 616 Second Avenue
Patrick & Judith Pidgeon, 20 Pepper Tree Road
Rufino & Soledad Roque, 446 Third Avenue
Christopher & Madeline Ross, 220 Elder Avenue
Steven Ritter, 654 Del Mar Avenue
David & Martina Doyer, 44 N. Second Avenue
APPROVAL OF MINUTES: August 21 and September 18, 2006
Auqust 21. 2006
MSC (Mosolgo/Gilgun) to approve the August 21, 2006 minutes as written. Vote: (4-0-1-
2) with Macias abstaining and Reid and Davis absent.
September 18. 2006
MSC (Stillman/Gilgun) to approve the minutes of September 18, 2006 as presented.
Vote: (4-0-1-2) with Jasek abstaining and Reid and Davis absent.
ORAL COMMUNICATIONS: None.
DRAFT
11-5
HppllC'01'c)-n Z
DRAFT
RCC Minutes
- 2 -
November 6. 2006
NEW BUSINESS
1. Shade Tree Planting Program Grant Proposal
Mr. Brendan Reed (Environmental Resource Manager) presented an overview of the
proposal. The grant amount being requested is $212,875 for the planting of 1,275 15-gallon
container shade trees in City right-of-ways and within park areas. The program will involve
over 400 residents contributing approximately 1,400 volunteer hours. The grant proposal will
go before the City Council on November 7, 2006.
Commission Comments
Commissioner Stillman requested that whoever plants the trees be sensitive of the City's
view corridors.
Commissioner Macias questioned how the volunteer labor cost was derived.
Commissioner Mosolgo stated that shade trees along Olympic Parkway are needed.
Commissioner Gilgun stated that anything that can be done to improve walkability is
wonderful.
Staff satisfactorily provided information and clarification to the Commissioners concems.
No action was required on this item, but the Commissioners wanted their comments
included in the minutes. Therefore, the following motion was made.
MSC (Stillman/Davis) to make all of the RCC comments a part of the minutes. Vote:
(6-0-0-1) with Reid absent.
2. Historic Designations: 20 Pepper Tree Road (Dr. Laurl W. Moffitt House)
416 Third Avenue (EI Primero Hotel)
220 Elder Avenue (Ann C. Rutledge House)
654 Del Mar Avenue (Hollaway Sumner House)
Ms. Lynnette Tessitore-Lopez (Associate Planner) mentioned the qualifying criteria for
historic designation before presenting each property requesting historic designation.
MSC (Stillman/Jasek) to recommend historic designation of all four properties. Vote:
(6-0-0-1) with Reid absent.
3. Mills Act Contracts:
20 Pepper Tree Road (Dr. Laurl W. Moffitt House)
416 Third Avenue (EI Primero Hotel)
220 Elder Avenue (Ann C. Rutledge House)
654 Del Mar Avenue (Hollaway Sumner House)
DRAFT
11-6
DRAFT
RCC Minutes
- 3 -
November 6, 2006
44 North Second Avenue (Edward Gillette House) Historic
Site #30
611 Second Avenue (Bronson Carriage House) Historic Site
#10a '
Ms. Tessitore-Lopez described what the Mills Act Contract entails, She then presented 44
North Second Avenue and 611 Second Avenue, which had been designated historic sites
years earlier.
20 Pepper Tree Road (Dr. Laurl W. Moffitt House)
Commissioner Stillman requested that the following be written into the contract for this
particular house:
. That, in time, the painted security screen doors be replaced with security doors that
match the architecture of the house.
. That, in time, the vinyl garage door be replaced with something more appropriate to the
era (e.g., wood or Plexiglas).
. That the Pepper trees be maintained.
Ms. Pamela Bensoussan (616 Second Avenue, Ghula Vista, GA 91910) offered her
assistance to the homeowners regarding names of companies they could contact.
Commissioner Giigun inquired as to who monitors the homes to make sure they are
maintained.
MSC (Jasek/Davis) that the comments of Commissioner Stillman be added in the
contract for 20 Pepper Tree Road. That the RCC recommend acceptance of staffs'
recommendation for the Mills Act. Vote: (6-0-0-1) with Reid absent.
416 Third Avenue (EI Primero Hotel)
MSC (Jasek/Davis) that the RCC accept the recommendation of staff for 416 Third
Avenue for a Mills Act application. Vote: (6-0-0-1) with Reid absent.
220 Elder Avenue (Ann G. Rutledqe House)
MSC (Jasek/Gilgun) to concur with staffs' recommendation to accept 220 Elder
Avenue into the Mills Act program. Vote: (6-0-0-1) with Reid absent.
654 Del Mar Avenue (Hollawav Sumner House)
Commissioner Stillman noted that the owners have already included replacement of the
metal awnings in their contract. Commissioner Stillman felt that the awnings were distracting
from the beauty of the home. The original awnings were probably not metal.
MSC (Stillman/Mosolgo) that the RCG recommend that the house be accepted for
the Mills Act. Vote: (6-0-0-1) with Reid absent.
DRAFT
11-7
DRAFT
RCC Minutes
- 4-
November 6. 2006
44 North Second Avenue (Edward Gillette House)
MSC (Stillman/Macias) that the RCC recommend that the Edward Gillette House be
accepted for the Mills Act. Vote: (6-0-0-1) with Reid absent.
611 Second Avenue (Bronson Carriaae House)
MSC (Stillman/Davis) that the RCC recommend that the Bronson Carriage House be
awarded the Mills Act. Vote: (6-0-0-1) with Reid absent.
ENVIRONMENTAL PROJECTS MANAGER COMMENTS: Ms. Marisa Lundstedt (Environ-
menta/ Projects Manager) reminded those Commissioners who had not yet attended the Ethics
Training for certification that the next training session would be held on Wednesday, November
8,2006, from 1:30-3:30 p.m. in the Council Chambers.
CHAIR COMMENTS: None.
COMMISSIONER COMMENTS: Commissioner Mosolgo requested a presentation before the
RCC regarding water quality sampling for the Bay.
ADJOURNMENT: Vice-Chair Jasek adjourned the meeting at 5:35 p.m. to a regular meeting
on Monday, November 20, 2006, at 4:30 p.m. in the Ken Lee Building Conference Room, 430
"F" Street, Chula Vista, CA 91910.
Prepared by:
Linda Bond
Recording Secretary
(J:\Planning\RCC\2006\RCC11 0606Mins)
DRAFT
11-8
~V~
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:~~==
CllY OF
CHULA VISTA
In order to qualify for designation a site must be found
to meet at least one of the following criteria:
1.) Associated with events that have made a significant contribution to the broad
patterns of history at the local, state or national level; or
2.) That are associated with the lives of significant persons in the past; or
3.) That embody the distinctive characteristics of a type, period, or method of
construction, or that represent the work of a master, or that possess high artistic
values, or that represent a significant and distinguishable entity whose
components may lack individual distinction; or
4.) That have yielded or may be likely to yield, information important in history or
prehistory.
11-9
A!hdrfJe/)!- 3
lU/UZ/ZUUti MUN 14:07 FAX
I4J 004
State of California _ Thl! A8S0UrC$~,
OEPARTMENT OF PARKS 'AND RECAEATlON
Ser. No.
HABS HAER NR SHL L
UTM: -;- 4932.ro--- B 3610030 oc_
C 0
HISTORIC RESOURCES INVENTORY
IDENTIFICATION
1. Common name:
Rose Damelio House
Hollaway Sumner House
2. Historic name:
654 Del Mar Avenue
3. Street or rural address;
City
Chula Vista
Zip
92010
County
San Diego
4. Parcel number:
573-250-27
5.
Present Owner:
Rose T. Damelio
Address:
654 Del Mar Avenue
City Chula Vista
Z 920100 --.. Pu .
ip wne':>>IIP IS: bile
Private
x
6. P,esent Use: res identia 1
Original use: residential
DESCRIPTION
7a. Architectural style: Craftsman
7b. Briefly describe the present physical descriprion of the site or structure and d~cribe any major alterations from its
original condition:
Legal: CV Sub,QS 139, Lot 11, N 75' of E 330'
This large, almost symmetrical, two story house features a low,
front facing gable roof with exposed rafter ends and visible support
beam ends. The entrance is centered and has a gabled hood with
a vent and large braces. The entrance is flanked on each side by
a set of three windows. On the second floor, a set of three windows
appears above each set on the ground floor and a pair of double
hung windows is placed above the entrance. Other details include
wide clapboard siding, an unusually large triangular vent in the
front gable, and a circular drive leading to a brick walk and
front stoop. A porte cochere extends out to the right of this
charming home. Street-facing windows are sheltered by metal awnings.
8.
Construction date:
Estimated 1923 Factual
9. Architect
unknown
10. Builder
unknown
11. Approx. property sizl! (in f~t}
Frontage Depth
or approx. acreage 0 . SOAr:
12. Date(s) of enclosed phorograoh{s)
1985
/Jpl'/' c<:j::-'f) i
1U/U2/2UU6 MON 14:08 FAX
I4J 005
'< "
13. Condition: Excellent ~Good _ Fair _ Deteriorated _ No longer in existence
14. Alterations: metal awnings, gutters and downspouts
15_ Surroundin<p: (Check more than one if necessary) Open land _Scattered buildings _ Densely buiit-up ~
Residential ~Industriaj _Commercial_Other:
16. Threan to site: None known ~Private de'lelop~ent_ Zoning _ VandaJism
PubJ ic Work.s project _ Other:
17. Is; the structUre: On its original site?
x
Moved?
Unknown (
18. Related features: circular drive, garage
SIGNIFICANCE
, 9. Briefly sta'te historical and/or an::hitectur<11 importance lindude dates. events. and persons associated with the site.)
Hollaway Sumner and his wife, Alice, purchased this property around
1922 and by 1923, this home had been constructed. JUlia, the
widow of C.W. Sumner also lived at this address. "Holly" Sumner,
who apparently was an automobile dealer, and his wife lived here
until at least 1935. This large house is a good example of the
Craftsman style of the 1920s and a bit more formal in design than
most. Despite minor alterations, the home appears to retain integrity
of design and materials.
Locationa' sketch map (draw and labej site and
surrounding streets:, road$. and prominent landmarks):
ANORTH
U
20. Main theme of the histOric resource: (If more than onl! is
checked. number in order of importanca.)
Arch itecture)( Arts & Leisure
Eo::onomic/lndustriaJ _Explor.nion/S4tttlement
Government Military
Rp.lig.on Social/Education
21. Source:s {Lin book..s. documents. surveys, penonaf interviews
and me;r d.atesl.
Water records
City directories
CV Tax Assessment Rolls
22 Date form prepared 9-9-1985
By (Nme) K Wpbster
Organization Citv of Chula Vista
Addr..., P.o. Box 1087
CitY rhlllr:< Vic.;ri1 Zip 92012
Phone: h q 1 - S 1 0 1
11-11
() ~/. /
IiPr71 Cc;f7tl1}
f
.5
11-13
.4r
~
-7j
,..;;
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA DESIGNATING 654 DEL MAR
AVENUE AS A HISTORIC SITE AND PLACING 654
DEL MAR A VENUE, THE HOLLA WAY SUMNER
HOUSE, ON THE CITY OF CHULA VISTA LIST OF
HISTORIC SITES IN ACCORDANCE WITH THE
MUNICIPAL CODE SECTION 2.32.070(A).
WHEREAS, 654 Del Mar Avenue (APN 573-250-27-00) is a Craftsman style
home constructed around 1923; and,
WHEREAS, staff received communication from the property owners, Steven
Ritter and Salvador Dominguez, requesting that their home, 654 Del Mar Avenue, be
designated as a historic site on the City of Chula Vista List of Historic Sites; and,
WHEREAS, the Resource Conservation Commission at their regular meeting on
November 6,2006 determined that 654 Del Mar Avenue meets one of the local criterion
for designation because it is shown that it has distinguishing architectural characteristics
as a Ranch style home; and
WHEREAS, the Resource Conservation Commission at their regular meeting on
November 6, 2006 voted 6-0-0-1 (with Chairman Reid absent) to recommend that the
City Council place 654 Del Mar Avenue, the Hollaway Sumner 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, THEREFORE, BE IT RESOL VED, this 19th day of December 2006, that
the City Council does hereby approve the designation of 654 Del Mar Avenue, the
Hollaway Sumner House, as a Historic Site and determines that it is hereby placed on the
City ofChula Vista List of Historic Sites as Historic Site # 72.
Presented by:
Approved as to form by:
James D. Sandoval
Director of Planning & Building
J:\AltomeyIRESOICOM.vl DEV\(,54 Dd Mur Avcnuc_12.I(J-O(,
11-15
COUNCIL AGENDA STATEMENT
Item No.: j?
Meeting Date: 12/19/2006
ITEM TITLE:
Consideration of request for designation of 416 Third Avenue as
Historic Site #73- E1 Primero Hotel.
SUBMITTED BY:
Resolution of the City Council of the City of Chu1a Vista designating
416 Third Avenue, E1 Primero Hotel as a Historic site and placing EI
Primero Hotel on the City of Chula Vista List of Historic Sites in
accordance with the Municipal Code Section 2.32.070(A).
Director of Planning and Building ~
Interim City Manager { (4/Sths Vote: Yes _ No~)
REVIEWED BY:
The property owners, Rufmo (Pie) and Soledad Roque, have requested that their property at
416 Third Avenue, EI Primero Hotel, be considered for inclusion on the Chula Vista List of
Historic Sites as a building of distinctive architecture. (Attachment 1)
RECOMMENDATION:
Staff reconunends that the City Council adopt the resolution finding that 416 Third Avenue
meets the local criteria for designation of a site and therefore should designate 416 Third
Avenue, EI Primero Hotel, as Historic site #73 on the City of Chula Vista List of Historic
Sites.
BOARDS/COMMISSIONS RECOMMENDATION:
The Resource Conservation Conunission at their regular meeting on November 6, 2006 voted
6-0-0-1 (with Chairman Reid absent) to recommend that the City Council place 416 Third
A venue, EI Primero Hotel, for inclusion on the Chula Vista List of Historic Sites. (Attachment
2)
ENVIRONMENTAL REVIEW:
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.
1. DISCUSSION:
Municipal Code Authority
In accordance with Section 2.32.070 of the City Of Chula Vista Municipal Code, the RCC
shall reconunend to the City Council the designation of any site, which it has found to meet
/
12-1
Page 2, Item No.: \ 2.-
Meeting Date: 12/19/2006
the local criteria as a historical site. The criteria is summarized below and further explained in
Attachment 3.
Historic Designation Criteria
1.) Associated with important past events.
2.) Associated with significant persons.
3.) Distinctive architecture.
4.) Yields important historical or pre-historical information.
Architectural Style
This building is an Art Deco, zig zag moderne style building. Art Deco is in essence a
modernization of may artistic styles and themes from the past including ancient Greece, Rome,
Africa, India, Mayan and Aztec cultures and Egyptian influences. During the twenties and
thirties jazzy Art Deco architecture was the trend. Art deco architecture utilized cubic forms,
zig zag designs and was strongly influenced by mechanization and modern technology.
Distinctive Art Deco buildings include: the Empire State Building and the Chrysler building.
Historical Context
The EI Primero Hotel was built in 1930, a significant time of commercial development along
Third A venue. For many years, Third A venue was the commercial hub of Chula Vista and
the construction of a hotel in the downtown area represented the growth and increasing
importance of the city.
Features of the site
According to the 1985 Historic Resources Inventory, it is a two story large concrete structure
with vertical design elements at each front corner and side elevations without ornamentation.
(Attachment 4) The exterior is flat stucco, with a central entrance and a flat roof with parapets
stepped up to a vertical feature at the center. Other vertical elements are placed between and
on each side of the street facing windows. A zig-zag element runs horizontally beneath the
sills. The double door entrance is flanked on each side by a set of three windows. Identical
sets of windows appear on the second floor just above those on the first level. A smaller
window can be seen above the entrance. Prior to restoration of this building, the windows
were a hodgepodge of aluminum and wooden windows. The windows are now all double
hung, double paned, energy efficient, noise attenuated windows that mimick the original
windows. No window openings or dimensions were altered through the window replacement
project of this building.
(Attachment 5)
12-2
Page 3, Item No.: 12
Meeting Date: 12/19/2006
Significance
EI Primero is significant as it was the first hotel in Chula Vista and is one of two Art Deco,
zigzag moderne sty Ie buildings constructed along Third A venue.
2. CONCLUSION
To qualify for designation based upon distinctive architecture, it must be determined that a
structure is a true representation of its architectural style and that the property is significant
within its determined historic context. The EI Primero Hotel is significant for it's Art Deco
influenced, zig zag moderne architecture and for it's importance as the first hotel in Chula
Vista. The current owners, Pie and Soledad Roque have worked diligently to rehabilitate this
property from the blighted half-way house that was recognized as an Onion by the American
Planning Association Orchids and Onions Award Program in 2001 to the local treasure,
boutique hotel, that won the Roque Family, the Preservationist of the Year award in 2005.
Therefore, staff recommends that the EI Primero Hotel be considered for inclusion on the
Chula Vista List of Historic Sites (Historic Site #73) for it's distinctive architectural style.
3. DECISION MAKER CONFLICTS:
Staff has reviewed the property holdings of the City Council and has found no such holdings
within 500 feet of the property which is the subject of this action.
4. FISCAL IMPACT:
There is no fiscal impact associated with the inclusion of 416 Third Avenue, EI Primero
Hotel, on the Chula Vista's List of Historic Sites. However, designation would qualify this
property to participate in the Mills Act Program, which would result in a reduction of the tax
assessed on this property. This reduction in property taxes results in a negligible annual fiscal
impact to the City and other agencies which rely on property tax revenues.
Attachments:
1.) Application for Designation
2.) Resource Conservation Commission minutes/November 6. 2006
3.) Local Historic Criteria
4.) Historic Resources Inventory
5.) Photos of the property
J:\Planning\Lynnette\historic designation\Council Reports\El Primero Hotel Agenda Statement.doc
12-3
~\fc-
:-r
CITY OF CHULA VISTA
PLANNING & BUILDING DEPARTMENT
276 Fourth A venue
Chula Vista, CA 919] 0
Historic Designation
APPLlCAT10N FORM
CITY OF
CHUIA YISfA
I APPLICANT/OWNERINFORMATION
Applicant/Owner Name: F (' f'J 0 5d (ej). ~e;:::-
Applicant/Owner Address t;Lib 1lfr(2iiJ At),{J. G..t!. 919(0
,
Phone ? If - Cf,;2J yC?U / iF; - 9r;;f sr?S"'2-
l
Secondary Owner Name: !U!2-((l
Owner Address: tv 4'L<-lL
Phone ;tJ /4-
7? OWNER APPROY AL IS
NAME t-dR~6 ~PU~ NAME S;o
SlGNATURE;: fJt~~ i , SlGNATURE;
DATE R!:?4 () " DATE:'" i:l
I PROPERTY INFORMATION
Property Address . b 11/-( r2a 14-
l>Wl'i' ' IA t;
Common name: EL ~'Mt=/l<:J /f01 L Historic name:
Q A
Year Built: I /30 Approximate Property size (in feet) or approximate acreage
Ownership is: Private V or Public
Present Use: ~7E'L Original Use f/o7'EL
Architectural Style .4 r {)6et'J (;;Z('t5-2A6 tf;0j)Gl'-fJG'
Assessor's Parcel Number (Required) 5 {, Fl- WO - .~7 Zone: Oc /L( k QC@f1f{
I
II HISTORIC/LANDMARK L1'!FORMA TION
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, 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 a,s'}-"jcij3ted with the site or
structure). See attached established criteria for designation, ,-ti':f'~..U. TIre: ('1;/[" tflJ6~f&f&:r.
f fI4~w. €. ftRJU\.1 ~ __. ~
2, Has the site or structure been altered in any way from its original design? rf () .5Ncf11 1
Yes V No (If yes, explain) WiNVUIU'; ,'A~ l:v'i!f/~fr'Jqz6r
t:rFt €-iJ).({b1 bi( 5'AtV ~ ~h) "
3, Briefly describe the present physical condition of the property include ~ rating of poor, fair, gocTd, 0
excellent. .
~UoJlD. /-t(
et.'vL-1!:1 1..-1 t,(J
LLtM, h-eu( ;fJL.i /-c1L.~ f, :13
GX,~jj?<u:r &n,,-!2~,
12-4
crz;6 (/tJA-{
G~<t~{4
/fI/qch/fJetV /
DRAFT
MINUTES OF A REGULAR MEETING OF THE
RESOURCE CONSERVATION COMMISSION
November 6, 2006
Ken Lee Building Conference Room
430 'F' Street
MEETING CALLED TO ORDER by Vice-Chair Jasek at 4:30 p.m.
ROLL CALUMOTION TO EXCUSE
MEMBERS PRESENT:
Vice-Chair Stanley Jasek, Commissioners Eric Mosolgo, Georgie
Stillman, Lynda Gilgun, Richie Macias, Jr. and Brett Davis (4:33
p.m.)
MSC (Jasek/Mosolgo) to excuse Chair Doug Reid. Vote: (5-0-0-1) with Davis absent.
STAFF PRESENT:
Marisa Lundstedt, Environmental Projects Manager
Brendan Reed, Environmental Resource Manager
Lynnette Tessitore-Lopez, Associate Planner
Linda Bond, Recording Secretary
OTHERS PRESENT:
Pamela Bensoussan, 616 Second Avenue
Patrick & Judith Pidgeon, 20 Pepper Tree Road
Rufino & Soledad Roque, 446 Third Avenue
Christopher & Madeline Ross, 220 Elder Avenue
Steven Ritter, 654 Del Mar Avenue
David & Martina Doyer, 44 N. Second Avenue
APPROVAL OF MINUTES: August 21 and September 18, 2006
AUQust 21, 2006
MSC (Mosolgo/Gilgun) to approve the August 21,2006 minutes as written. Vote: (4-0-1-
2) with Macias abstaining and Reid and Davis absent.
September 18. 2006
MSC (Stillman/Gilgun) to approve the minutes of September 18, 2006 as presented.
Vote: (4-0-1-2) with Jasek abstaining and Reid and Davis absent.
ORAL COMMUNICATIONS: None.
DRAFT
12-5
liI!9c);me/1! .:?
DRAFT
RCC Minutes
- 2 -
November 6, 2006
NEW BUSINESS
1. Shade Tree Planting Program Grant Proposal
Mr. Brendan Reed (Environmental Resource Manager) presented an overview of the
proposal. The grant amount being requested is $212,875 for the planting of 1,275 15-gallon
container shade trees in City right-of-ways and within park areas. The program will involve
over 400 residents contributing approximately 1,400 volunteer hours. The grant proposal wiil
go before the City Council on November 7,2006,
Commission Comments
Commissioner Stillman requested that whoever plants the trees be sensitive of the City's
view corridors.
Commissioner Macias questioned how the volunteer labor cost was derived.
Commissioner Mosolgo stated that shade trees along Olympic Parkway are needed.
Commissioner Gilgun stated that anything that can be done to improve walkability is
wonderful.
Staff satisfactorily provided information and clarification to the Commissioners concerns.
No action was required on this item, but the Commissioners wanted their comments
included in the minutes, Therefore, the following motion was made.
MSC (Stillman/Davis) to make all of the RCC comments a part of the minutes. Vote:
(6-0-0-1) with Reid absent.
2. Historic Designations: 20 Pepper Tree Road (Dr. Laurl W. Moffitt House)
416 Third Avenue lEI Primero Hotel)
220 Elder Avenue (Ann C. Rutledge House)
654 Del Mar Avenue (Hollaway Sumner House)
Ms. Lynnette Tessitore-Lopez (Associate Planner) mentioned the qualifying criteria for
historic designation before presenting each property requesting historic designation,
MSC (Stillman/Jasek) to recommend historic designation of all four properties. Vote:
(6-0-0-1) with Reid absent.
3. Mills Act Contracts:
20 Pepper Tree Road (Dr. Laurl W. Moffitt House)
416 Third Avenue (EI Primero Hotel)
220 Elder Avenue (Ann C. Rutledge House)
654 Del Mar Avenue (Hollaway Sumner House)
DRAFT
12-6
DRAFT
RGG Minutes
- 3 -
November 6, 2006
44 North Second Avenue (Edward Gillette House) Historic
Site #30
611 Second Avenue (Bronson Carriage House) Historic Site
#10a '
Ms, Tessitore-Lopez described what the Mills Act Contract entails, She then presented 44
North Second Avenue and 611 Second Avenue, which had been designated historic sites
years earlier.
20 Pepper Tree Road (Dr. Laurl W. Moffitt House)
Commissioner Stillman requested that the following be written into the contract for this
particular house:
. That, in time, the painted security screen doors be replaced with security doors that
match the architecture of the house.
. That, in time, the vinyl garage door be replaced with something more appropriate to the
era (e.g., wood or Plexiglas).
. That the Pepper trees be maintained.
Ms. Pamela Bensoussan (616 Second Avenue, Chula Vista, CA 91910) offered her
assistance to the homeowners regarding names of companies they could contact.
Commissioner Gilgun inquired as to who monitors the homes to make sure they are
maintained.
MSC (Jasek/Davis) that the comments of Commissioner Stillman be added in the
contract for 20 Pepper Tree Road. That the RCC recommend acceptance of staffs'
recommendation for the Mills Act. Vote: (6-0-0-1) with Reid absent.
416 Third Avenue (EI Primero Hotel)
MSC (Jasek/Davis) that the RCC accept the recommendation of staff for 416 Third
Avenue for a Mills Act application. Vote: (6-0-0-1) with Reid absent.
220 Elder Avenue (Ann C, Rutledae House)
MSC (Jasek/Gilgun) to concur with staffs' recommendation to accept 220 Elder
Avenue into the Mills Act program. Vote: (6-0-0-1) with Reid absent.
654 Del Mar Avenue (Hollawav Sumner House)
Commissioner Stillman noted that the owners have already included replacement of the
metal awnings in their contract. Commissioner Stillman felt that the awnings were distracting
from the beauty of the home. The original awnings were probably not metal.
MSC (Stillman/Mosolgo) that the RCC recommend that the house be accepted for
the Mills Act. Vote: (6-0-0-1) with Reid absent.
DRAFT
12-7
DRAFT
RGG Minutes
-4-
November 6, 2006
44 North Second Avenue (Edward Gillette House)
MSC (Stillman/Macias) that the RCC recommend that the Edward Gillette House be
accepted for the Mills Act. Vote: (6-0-0-1) with Reid absent.
611 Second Avenue (Bronson Carriaae House)
MSC (Stillman/Davis) that the RCC recommend that the Bronson Carriage House be
awarded the Mills Act. Vote: (6-0-0-1) with Reid absent.
ENVIRONMENTAL PROJECTS MANAGER COMMENTS: Ms. Marisa Lundstedt (Environ-
mental Projects Manager) reminded those Commissioners who had not yet attended the Ethics
Training for certification that the next training session would be held on Wednesday, November
8,2006, from 1:30-3:30 p.m. in the Council Chambers.
CHAIR COMMENTS: None.
COMMISSIONER COMMENTS: Commissioner Mosolgo requested a presentation before the
RCC regarding water quality sampling for the Bay.
ADJOURNMENT: Vice-Chair Jasek adjourned the meeting at 5:35 p.m. to a regular meeting
on Monday, November 20, 2006, at 4:30 p.m. in the Ken Lee Building Conference Room, 430
"F" Street, Chula Vista, CA 91910.
Prepared by:
Linda Bond
Recording Secretary
(J:IPlanningIRCC\2006\RCC110606Mins)
DRAFT
12-8
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--- ~ --=~
- - """-
em OF
CHULA VISTA
In order to qualify for designation a site must be found
to meet at least one of the following criteria:
1.) Associated with events that have made a significant contribution to the broad
patterns of history at the local, state or national level; or
2.) That are associated with the lives of significant persons in the past; or
3.) That embody the distinctive characteristics of a type, period, or method of
construction, or that represent the work of a master, or that possess high artistic
values, or that represent a significant and distinguishable entity whose
components may lack individual distinction; or
4.) That have yielded or may be likely to yield, information important in history or
prehistory.
12-9
AfhdrfJC'/)t3
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
S.r. No.
HABS_ HAER_ NR _ SHL L
_ 00
UTM: A 4Q?hRO B 3610930 -
C 0
HISTORIC RESOURCES INVENTORY
I OENTI FICA TION
1. Common name: El Primero Hotel
2. Historic name:
El Prirnero Hotel
3. Street or rural address:
416 Third Avenue
City Chula vista
Zip
92010
County
San Diego
4. Parcsl number:
568-410-29
5. Present Owner:
Robert E & Barbara A Schubert
Address:
457 Park Way
Zip 92010 Ownership is: Public
Private
x
CitY Chula vista
6. Present Use: hote 1
Original use:
hotel
DESCRIPTION
7a. Architectural stYle: zig-zag Moderne
lb. Briefly describe the presentphyskal description of the site or structure and describe any major alterations from its
original condition:
Legal: Baird Sub, N 125' of S 225' of E 99' of Lot 2
One of the few Zig-zag Moderne buildings in Chula Vista, the two
story El prirnero Hotel features large concrete vertical design
elements at each front corner. The stucco building has an almost
symmetrical appearance with a central entrance and a flat roof with
parapets stepped up to a vertical feature at the center. Other
vertical elements are placed between and on each side of the
street-facing windows. A zig-zag element runs horizontally beneath
the sills. The double door entrance is flanked on each side by a
set of three windows. Identical sets of windows appear on the
second floor just above those on the first level. A smaller
window can be seen above the entrance. This window is a replacement
and smaller than the original. Most of the windows in the hotel
are double hung. The sides of this building are devoid of
ornamentation.
8. Construction date:
Estimated Factual 1930
9.
Arcnitect
unknown
10. Builder Dennstedt Const.
Company
11. Approx. propertY size (in feet!
Frontage l? S Depth Q Q
or approx. acreage
12. Datelsl of enclosed photogr<ltlh Isl
1985
;if/qcl,lJl..J of 1-
13. Condition: Excellent -X...Good _ Fair _ Deteriorated _ No longer in existence _
14. Alterations: nMP wi -nn()w on facnnp reolaced
15. Surroundings: (Check more than one if necessary) Open land _Scattered buildings _ Densely built-up ~
Residential_Industrial _Commercial ~Other:
16. Threats to site: None known-.1LPTivate development_ Zoning _ Vandalism
Public Works project _ Other:
17. Is the structure: On its original site? X
Moved?
Unknown?
18. Related features: 1 r!-ndsc3Dina
SIGNIFICANCE
19. Briefly state historiClI and/or architectural importance (include dates. events. and persons associated with the site.)
In 1930, the Dennstedt Construction Company erected the El Primero
Hotel for John and Lilly Ratcliffe. The building, the first modern
hotel in Chula Vista, cost $30,000 and had 22 rooms. Built with
white cement tile, the El primero was fireproof and carpeted
throughout. The hotel advertized such amenities as steam heat and
hot and cold water. The Ratcliffes were well known in the community
and had lived in Chula Vista for 26 years. They are said to have
pioneered the first apartment house. The El primero Hotel is
significant as an important example of the Zig-zag Moderne style
in Chula Vista. The structure appears to retain integrity of
design and materials.
Locationa' sketch map (draw and label site and
surrounding streets. roads, and prominent landmarks):
^ NORTH
U
20. Main theme of the historic resource: (If more than one is
checked. number in order of importance.)'
Architecture V' Arts & Leisure
E~nom icll ndustriaJ _ ExplorationlSettl ernent
Government Military
Rp.ligcon Soc;jal/Eduation
21. Sources (List bookS, documents. surveys. personal interviews
and meir datesl.
CV Star Dec 5, 1930 A:4&5
City directories
CV Tax Assessment Rolls
22. Dat. form prepared R - 1 7 - 1 9 R ~
By (name) K Wphc:::t-pr
Organization ("it-y nr ("r,,,1~ vic:::t-ri
Address: p.O R(")x 1087
City Chula Vista Zip 92012
Phone: 691-5101
1 2-11
[CIRCA 1930]
-
-,~ -_._.~ ---- -- --- - -
--
---
-~. --
"
~
f -.-1'"
1111 II i Hi; ; tl
$,111 iR Gil.
I _ r~. _
. .'- '.fl.. '
. mil II, '-11
... . _J ~IE
--
- -
[CIRCA 1950]
12-12
l!f/qc~mel1f c~
[THEN]
lNOW]
12-13
(THEN]
[NOWI
12-14
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA DESIGNATING 416 THIRD
AVENUE, EL PRIMERO HOTEL AS A HISTORIC SITE
AND PLACING EL PRIMERO HOTEL ON THE CITY
OF CHULA VISTA LIST OF HISTORIG SITES IN
ACCORDANCE WITH THE MllNICIPAL CODE
SECTION 2.32.070(A).
WHEREAS, 416 Third Avenue, El Primero Hotel (APN 568-410-29-00) is a Zig
Zag Moderne building constructed around 1930; and,
WHEREAS, staff received communication from the property owners, Rufino and
Soledad Roque, requesting that their property, 416 Third A venue, be designated as a
historic site on the City of Chula Vista List of Historic Sites; and,
WHEREAS, at their regular meeting on November 6, 2006 the Resource
Conservation Commission determined that 416 Third Avenue, El Primero Hotel, meets
one of the local criterion for designation because it is shown that it has distinguishing
architectural characteristics as a Zig Zag Moderne building; and
WHEREAS, the Resource Conservation Commission at their regular meeting on
November 6,2006 voted 6-0-0-1 (with Chairman Reid absent) to recommend that the
City Council place 416 Third Avenue, EI Primero Hotel, 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 31, Historical Resources Restoration and Rehabilitation.
NOW, THEREFORE, BE IT RESOLVED, this 19th day of December 2006, that
the City Council does hereby approve the designation of 416 Third A venue, El Primero
Hotel, as a Historic Site and determines that it is hereby placed on the City ofChula Vista
List of Historic Sites as Historic Site # 73.
Presented by:
Approved as to form by:
James D. Sandoval
Director of Planning & Building
ftJ\'t~~ Arney
J:\AltorncyIRESO\COMM OEV\EI Primcro HOlcl416 Third AVClIlIC_12.1'l-06
12-15
COUNCIL AGENDA STATEMENT
Item No.: 13
Meeting Date: 12/19/2006
SUBMITTED BY:
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 220 Elder Avenue, 20 Pepper Tree
Road, 654 Del Mar Avenue, 4l6'Third Avenue, 44 North Second, and
611 Second Avenue and authorizing the Mayor to sign said contracts.
Director of Planning an?ilding ~
Interim City Manager i P-- (4/5ths Vote: Yes--.NoX)
ITEM TITLE:
REVIEWED BY:
Staff, in accordance with Policy #454-01, has prepared contracts for the owners of historic
homes who have requested to participate in the Mills Act program this year, 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 adopt the resolution approving 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
(RCC) reviewed the attached contracts for the referenced properties on November 6, 2006 and
recommends that the City Council approve each of the contracts that are being considered at this
time.
ENVIRONMENTAL REVIEW:
The Environmental Review Coordinator has determined that this program is exempt per the
California Environmental Quality Act (CEQA), Section 1533, Class 31, Historical Resources
Restoration and Rehabilitation.
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 has
prepared contracts that have been entered into by the owners of historic sites who have requested
to participate in the Mills Act Program.
13-1
Page 2, Item No.: 1'3
Meeting Date: 12/19/2006
The owners of the following six properties have applied to participate in the Mills Act Program
this year:
1. 220 Elder Avenue, The Ann C. Rutledge, 20 Pepper Tree Road, designation is being
considered concurrently with this application, (Historic Site #70).
2. 20 Pepper Tree Road, The Dr. Laud W. Moffitt House, designation is being considered
concurrently with this application, (Historic Site #71).
3. 654 Del Mar Avenue; The Hollaway Sumner House, designation is being considered
concurrently with this application, (Historic Site #72).
4. 416 Third Avenue; El Primero Hotel, designation is being considered concurrently with
this application, (Historic Site #73).
5. 44 North Second Avenue, The Edward Gillette House, (previously designated on the
Chula Vista List of Historic Sites), Historic Site #30
6. 611 Second Avenue, The Bronson Carriage House, (previously designated on the Chula
Vista List of Historic Sites), Historic Site #1Oa.
Staff has met with those property owners that have applied to participate in the Mills Act
Program and together with each individual 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. Each property owner has signed the
contract thus showing their agreement to the provisions of the contract. Each contract was
considered by the RCC who recommended that Council approve said contracts.
The City Council must approve the executed Mills Act agreements for the City to enter into each
of the Mills Act Agreements. Upon approval by the City Council and signature by the Mayor,
the contracts will be forwarded to the County Assessor's office for recordation.
DECISION MAKER CONFLICTS:
Staff has reviewed the property holdings of the City Council and has found no such holdings
within 500 feet of the property which is the subject of this action.
FISCAL IMPACT:
Implementation of the Mills Act contracts will have a nominal fiscal impact on the City. The
City receives $0.147 of each property tax dollar and therefore the reduction in property taxes per
the Agreement results in a negligible annual fiscal impact to the City and other agencies that rely
on property tax revenues. However, over time if the City enters into Mills Act agreements with
significant numbers of property owners, the revenue impacts will become incrementally
significant.
13-2
Page 3, Item No.: 13
Meeting Date: 12/19/2006
A tt:lr.hmf'nt~
1. 611 Second Avenue (historic site #10a) application and contract
2. 220 Elder" Avenue (concurrent historic designation with this application) application and contract
3. 654 Del mar Avenue (concurrent historic designation with this application) application and contract
4. 20 Pepper Tree Road (concurrent historic designation with this application) application and contract
5. 416 Third Avenue (concurrent historic designation with this application) application and contract
6. 44 North Second Avenue (Historic site #30) application and contract-
J :\Planning\Lynnette\counciJ\mills act contracts agenda statement 2006.doc
13-3
RESOLUTION NO.
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 220 ELDER AVENUE., 20 PEPPER
TREE ROAD, 654 DEL MAR AVENUE, 416 THIRD
AVENUE, 44 NORTH SECOND, AND 611 SECOND
A VENUE 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 Owners, for their mutual benefit, now desire to enter into
these Agreements both to protect and preserve the characteristics of historical
significance of the Historical Sites and to qualify the Historical Sites 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; and,
WHEREAS, the Owners are determined to be the owners of: 220 Elder Avenue,
20 Pepper Tree Road, 654 Del Mar Avenue, 416 Third Avenue, 44 North Second, and 611
Second A venue; 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 November 6, 2006 reviewed each contract in its entirety and made the
recommendation to City Council to approve said contracts; and,
WHEREAS, the Environmental Review Coordinator has determined that this
action is exempt per the California Environmental Quality Act (CEQA), Section 15331,
Class 3 1, Historical Resources Restoration and Rehabilitation.
13-4
Resolution No.
Page 2
NOW, THEREFORE, BE IT RESOLVED that, on this 19th day of December
2006, the City Council does hereby approve the executed Mills Act contracts between the
City ofChula Vista and the owners of the following historic properties: 220 Elder
Avenue, 20 Pepper Tree Road, 654 Del Mar Avenue, 416 Third Avenue, 44 North Second,
and 611 Second Avenue, all located in the City ofChula Vista'.
Presented by:
Approved as to form by:
James D. Sandoval
Director of Planning & Building
l:lAllorncy\RESO\COMM DEVIMills Act contracts REV1SED_12-19-06
13-5
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Dated:
fZI\L{ 1/&
Mills Act Agreement between
City of Chula Vista and
Madelene Ross, Owner
of property located at 220 Elder Avenue
Chula Vista, California, 91910
(Historic Site #70)
13-6
1,}7;//, { Ilt/~/t/ T L
CITY OF CHULA VISTA
PLANNING & BUILDING DEPARTMENT
OTY Of 276 Fourth Avenue
CHUIA VISTA Chula Vista, CA 91910
II APPLICANT/OWNER INFORMATION II
Applicant/Owner Name: [V\!ldcl~ ~,~oSS
Applicant/Owner Address: no 8c\a Pwe-~
Phone: LAC{ -434 - '2-1S4-
Secondary Owner Name: tV'lYl6-tq:,'vtor Ross
Owner Address: 1f2,o 8dev p<vU\.u.e...
Phone: fol q A;~L\ - 2.lS4 Cell. .s.j.g. ':;SS t..,
Mills Act
APPLICATION FORM
Case #:
M .1 OWNER APPROVAL IS REQUIRED
NAME: a.~e.. r6, ?-oSS NAME: I
SIGNATURE:~IlII~I..iyr.-... SIGNATURE: n 0 ~
DATE: ~Sl '2.f?/r;.." DATE: .
II PROPERTY INFORMATION
Property Address: ?1D 0clorAv t '
Assessor's Parcel Number (Required): ~ 50'0 Ot \ 07 (f) / Zone: Rf
II
HISTORlC/LANDMARK INFORl\-:A TION
Qppl/c..,
Is the site on the Local Register Listing? Yes
Date of Designation
Is the site designated as Historic on the l) c
Date of Designation:
No X
;J"nc!; 'i) Cj
State andRlr /)0
O/CL
National Register?
II PROPOSED STRUCTURE/IMPROVEMENT
II
The goal of the Mills Act Program is to encourage the use, maintenance, and restoration of historical properties and retain thelr
characteristics as properties of historical significance. Please list restoration improvements, either specific or general, that you/the
owner intend to carry out to achieve/maintain the goal of the Mills Act Program. (Attach a separate sheet if necessary)
1'Vle.. Im~t'iY\.e1l{sWe- WDlLld lilu- 1v c,omple.-iz- Llxe, re.wra.....f16Y1. ~ ~
VVI'nctowS, 'otkth~.s: pli.LVY\lolY1g.. if1Av')V) ~; (traLv- C~ iVl -the.-
C\YlvDlvecy ; qct~:- ~{'t-pItU'e- lVl \/Vbvt::1 Vlcj (')r~ {,iX1c\ )\-LS1- tje/1e.va..l
.'flI CUX1.+lj1 cm.ce- ~{'vtg..- yrop~ .
13-7
Recording Requested by and
Please Retum 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) 568-011-07-00
MILLS ACT AGREEMENT
. For property located at 220 Elder Avenue, Chula Vista, CA 91910
THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a
municipal corporation ("City") and Madelene Ross ("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. 568-011-07-00, and
generally located at the street address 220 Elder Avenue, Chula Vista, California, 91910,
(Historic Site #70).
WHEREAS, the Chula Vista City Council declared and designated the above property as
Historical Site Number 70, 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 THEREFORE, in consideration of the mutual benefits and covenants, City and Owner
agree as follows:
I. Compliance with Council Policv. Owner shall comply with Council Policy Number 454-
01 incorporated herein by this reference.
13-8
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 shall 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 shall be done in accordance with the attached schedule of potential
home improvements, drafted by the Owner (Attachment B).
b. Owner shall 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:
i. 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, 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 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.
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 and the
City Council prior to the issuance of such permit.
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, following a duly noticed public hearing as set forth in California
Government Code Sections 50280, et seq., may cancel this Agreement ifit 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
13-9
Page 30[6
Mills Act Contract
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 shall be subject to
payment of those cancellation fees set forth in California Govermnent Code Section
50286.
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 ofthis 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.
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 December 19, 2006 (but no earlier than approval of the agreement by the
City Council), and shall remain in effect for a term of ten (10) years thereafter. Each year
13-10
Page 4 of6
Mills Act Contract
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 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 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 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): Madelene Ross
220 Elder Avenue
Chula Vista, CA 91910
13-11
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. Approval of this request shall not waive compliance 'fiith all sections of Title 19
(Zoning) of the Municipal Code, and all other applicable City Ordinances
c. 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 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 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.
d. 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 oflaw or
in any manner whatsoever.
e. 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.
f. 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.
g. This Agreement shall be construed and governed in accordance with the laws of
the State of California.
l.L. 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
13-12
Page 60f6
Mills Act Contract
13. Attornev Fees. In the event legal proceedings are brought by any party or parties to
enforce or restrain a violation of any of the covenants, reservations or restrictions
contained in this agreement, the prevailing party in such proceeding may recover all
reasonable attorneys' fees to be fixed by the court, in addition to court costs and other
relief ordered by the court.
14. Bargaining Power. This agreement has been agreed to by the parties only after
negotiations between City and Owner(s), both of which were represented by counsel.
Accordingly, this agreement shall not be construed as if it had been prepared only by City
or Owner(s), but rather as ifboth City and Owner(s) had prepared the same.
15. Counterparts. This agreement may be signed in one or more counterparts, each such
counterpart shall be considered as part of and the same document as all other related
counterparts.
13-13
Page 7 of6
MiUs Act Contract
SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR
220 Elder Avenue, Chu1a Vista, CA 91910
CITY OF CHULA VISTA
OWNER(S) OF RECORD
Date:
Date:
Approved:
By:
Cheryl Cox, Mayor
(Notarized Signature)
Date:
Date:
Attest:
By:
Susan Bigelow, City Clerk
(Notarized Signature)
Date:
Approved as to fonn:
Ann Moore, City Attorney
OWNERS PLEASE HAVE NOTARY PUBLIC A IT ACH A SEPARATE PROOF" OF
NOTARY PAGE WITH SIGNATURE AND SEAL.
13-14
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 ofthe building and its site and
environment.
2. The historic character of a properly 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 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 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 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 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.
13-15
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 10 years to maintain or rehabilitate this property.
YEAR
200\
1.001
'LOO("
IMPROVEMENT
Or101\,\(i.\ INVC<:\ .fIoo~ re~a.(V'ed I. rl&~V'e.J
1,vI.h.vi 01'" plti mc.d L. p\OS-rev- YlplLlr
h+o1W pi\V\t~c\
Please list the improvements and restorations that you intend to make over the next 10
years. List them in order of your priority based upon anticipated need for proper
maintenance.
PRIORITY IMPROVEMENTIRESTORATIONS
fi'l"tp\a.ct lihi.o'"0 0(: ehi\'Y\l1t\f r(ptl\~(J I. Y"utwul --\n usAhle. eoV1JH-l611
IYy wr/turnite do..ma..qe- +0 v.i.'(\d.OW5,/~ Yep~lYld
\2.epcU~ / B \ \ old stpTI'c- sY~+!VVI -l-V1/1.-t- VtilS c.vw-ttd si '(\ l:.kok iVl V{LLyy ~...-r:{
tepCtw (,vtt(b i'(\ il\1-tv\oY" pltl>tw / A) , ~
' t... j ~ · C/eNnt 1/ ("fin f)q/l '-
e-lfOvW ,,-W\U(l,l i QY\ postoS U J. lJ
UQ0~' ovl~il1.lN\ eAu-tn'u,,\ sys+-UYl 'P/U.t...p
Ufd~t- ~"tV1011 ~ IotiKl1\'QoW\s Lr~~ru)
~l(L(l.. d.rlVlM/lUf LlX\cI WM\l.w1U1 ().~ i.fs cu.wrn~ Cv1-dt4;\
\nSW\ t~C4fl-n5 ~ ~qa;n 1M 5'ff,iuvl
OWNER CERTIFICATION:
I certify that I am presently the legal owner of the subject property, Further, I
acknowledge the supplemental information on this form will be used as an exhibit
attached to the Mills Act Agreement.
Si2nature: Q~.
~
Date: I fl.! 4/ ()p
13-16
~ - - .-j I
/l" ,/'l}J ./1
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORt\1 BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~oct A'
City
\ t \ V-\ \ tlb
l I.
Mills Act Agreement between
City of Chula Vista and
Patrick Pidgeon and Judith Pidgeon, Owners
of property located at 20 Pepper Tree Road
Chula Vista, California, 91910
(Historic Site #71)
Dated:
13-18
/7 TTAL/-M1E,UT "7-
CITY OF CHULA VISTA ""c,
PLANNJNG & BUILDING DEPARTMENT) :: r'
276 Fourth Avenue
2 7
Mills Act
APPLICATION FORM
~l~
-11-
--
01Y OF
CHUlA VISTA
Chula Vista, CA 9191 0 " ,,,. j
__n.__ ~,.- .- ---...-
I APPLICANT/OWNER INFORMATION I Staff Use
Applicant/Owner Name: -PATI~ I e,k T ~\ \J \) I T I-L}' I D(;-F"6AJ' Case #: 7J7Q ~ q.'l:>bl
D"tp.SuhmittP.f!: q';'7.f(~(P
~ ..
Applicant/Owner Address: F D re r r-' v j ve '" /2.JJ.
Phone: G rq - 4- z-z- -b 221",
Secondary Owner Name:
Owner Address: So... 'roe-
Phone:
:;, 0.. VY"\ €-
i
i ..:f, ~WNER APPROVAL IS REQUIRED ..
I NAME:Q"~.d ,(?,,; ,~ AME: -j) i A vi 6'2.,;:0
! SIGNATURE: H'Ti2Ic-J<:- 7~.;lIGNAt~ ::-ti, ~ ~p" ~ t:>, A..~
I DATE: '1-.:l 7- c>,c; DATE: q /7" '" D
!
T
/
PROPERTY INFORMATION
Property Address: !;)() f>ePPFI2 ~~F: 2r,0-.-ci
Assessor's Parcel Number (Required): 57 <i 010 / /0"
rhllliA \J1~k CA C(IC/I'\)
7 Zone: 'i/q I b
II
II mSTORIC/LANDMARKINFORMATION
Is the site on the Local Register Listing? Yes No
Date of Designation
Is the site designated as Historic on the State andlor
Date of Designation:
National Register?
II
II PROPOSEDSTRUCTUREroMPROVEMENT
The goal of the Mills Act Program is to encourage the use, maintenance, and restoration of historical properties and retain their
characteristics as properties of historical significance. Please list restoration improvements, either specific or general, that you/the
hWDer intend to carry out t~ achieve/maintain the goal of~e Mills Act Program. (Attach a separate sheet if necessary)
\.!..(K9f;/aA:- hr"b.?<,IJ il)..{~'r:f4AA~ @ PUfV70J-J{I&'f}-fVlJ fAA, 'f!D-2j.;,.jydruorT1
(:3) X?e~~ SUY~(C>J 'CU)(i~m (j)R-p,c::d-rf'"(V y.yJ<:,..f--v;-,;Z. I((h+
j,
13-19
Recording Requested by and
Please Retum to:
City Clerk
City of ChuIa Vista
P.O. Box 1087
ChuJa Vista, CA 91912
D
This Space for Recorder's Use Only
D
APN(s) 574-010-11-00
M~LSACTAGREEMENT
For property located at 20 Pepper Tree Road, Chula Vista, CA 91910
THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a
municipal corporation ("City") and Patrick Pidgeon and Judith Pidgeon ("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. 574-010-11-00,
and generally located at the street address 20 Pepper Tree Road, Chula Vista, California,
91910, (Historic Site # 71).
WHEREAS, the Chula Vista City Council declared and designated the above property
as Historical Site Number 71, 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 THEREFORE, in consideration ofthe mutual benefits and covenants, City and
Owner agree as follows:
I. Compliance with Council Policv. Owner shall comply with Council Policy Number
454-01 incorporated herein by this reference.
13-20
Page 20[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 shall 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 shall be done in accordance with the attached schedule of potential
home improvements, drafted by the Owner (Attachment B).
b. Owner shall 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:
i. 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.
f, 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.
e. Should owner apply to the City for a permit for demolition, substantial exterior
alteration orremoval ofthe 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 and the
City Council prior to the issuance of such permit.
[, 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, 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
13-21
Page 3 of6
Mills Act Contract
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 specified in subparagraph 2(a) of this Agreement, or has
demolished, substantially altered or removed the historic site. In the event of
cancellation, Owner shall be subj ect to payment of those cancellation fees set forth in
California Government Code Section 50286.
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 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.
13-22
Page 4 of6
Mills Act Contract
7. Effective Date and Term of Agreement. This Agreement shall be effective and
commence on December 19, 2006 (but no earlier than approval of the agreement by
the 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 Agre=ent (the
"renewal date"), a year shall automatically be added to the initial term of this
Agre=ent 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 Agre=ent as provided herein. Upon receipt by Owner ofa 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
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 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): Patrick and Judith Pidgeon
20 Pepper Tree Road
Chula Vista, CA 91910
13-23
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. Approval of this request shall not waive compliance with all sections of Title
19 (Zoning) of the Municipal Code, and all other applicable City Ordinances
c. 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 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.
d. 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.
e. 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.
f. 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.
g. This Agreement shall be construed and governed in accordance with the laws
ofthe 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
13-24
Page 6 of6
Mills Act Contract
13. Attornev Fees. In the event legal proceedings are brought by any party or parties to
enforce or restrain a violation of any of the covenants, reservations or restrictions
contained in this agreement, the prevailing party in such proceeding may recover all
reasonable attorneys' fees to be fixed by the court, in addition to court costs and other
relief ordered by the court.
14. Bargaining Power. This agreement has been agreed to by the parties only after
negotiations between City and Owner(s), both of which were represented by counsel.
Accordingly, this agreement shall not be construed as if it had been prepared only by
City or Owner(s), but rather as if both City and Owner(s) had prepared the same.
15. Counterparts. This agreement may be signed in one or more counterparts, each such
counterpart shall be considered as part of and the same document as all other related
counterparts.
13-25
Page 7 of6
Mills Act Contract
SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR
20 Pepper Tree Road, Chula Vista, CA 91910
CITY OF CHULA VISTA
OWNER(S) OF RECORD
Date:
Date:
Approved:
By:
Cheryl Cox, Mayor
(Notarized Signature)
Date:
Date:
Attest:
By:
Susan Bigelow, City Clerk
(Notarized Signature)
Approved as to form:
Ann Moore, City Attorney
OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF
NOTARY PAGE WITH SIGNATURE AND SEAL
13-26
Page 8 of6
Mills Act Contract
ATTACHMENT "A"
SECRETARY OF THE INTERIOR STAJ."IDARDS 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 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 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 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 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.
13-27
GTTACHMENT Bl)
Year
Improvement
2005
2005
New Furnace - east win'"
o
Resurfaced patio slab and pool area
Retil ed 2 guest bath fl oors .
Restored and maintained roof
Resealed flagstone on porch and entry hall
R~laced exterior doors on storage area on east side
PaInted the house exterior
Upgraded landscape including new brick walkways and fencing in
front and back
New garage door
Resurfaced driveway
with pavers
Repainted interior stucco walls and ceilings
Cleaned and oiled interior wood walls
Updated electrical system
Updated plumbing system
Installed solar energy system
Retiled kitchen floor
Replaced broken windows
It epl q Clrt2I nf crf :;;r1)q C/'
1999
2002
2002 & 2006
2003
2004
2004
2004 & 2005
2004 & 2005
2005
2005
2005
2005
2006
2006
2006
.),00&
Priority
Improvementlrestorati ons
1. Restore extra bedroom
2. Resurface pool
3. Have periodic roof maintenance
4. Update storage area on back porch
5. New flooring in hall and bedroom
6. New flooring in family room
1) l.~p/qO ex,.sh1y c!rr;:; <' c/o-z,;e ('q/)d ~C'~.//? )YoJ;O/'A
4.)'7'75 ftj,N ~ -f/,c,'-;I- q/'e //)0/'1'" re-r/-f'c j; u..fl OT c'/dl: Il/~
/(qncA 0,1; /JJ :\cHi-P,J' , 4// cJq~Je v C'/rz>r /y)q~/)q/-.r
if).,dtJd Iv lihoc// 6nck U EJ-IM.e+e<'ts/i/r /f)y.Jr;9/
-il>q~ a.!ll/ cll"u-jLt liYJjJfl.t<.JS/b/J /,!;q/-lluy CJ~<Z(<'7?~/lC/9j#)
01- jIv fJl!)S1. (Nb tI..-,mdtf1.i.,iS)
f) ~?per (ruts Qre -;: .6." /))9/'/)~//'~dl Cl/)d /)",-!- /YY/JN~c(
13-28
,,;.., .o..~~~r"-;:_~ 7__/
i
//",///'
//
//
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
Dated: \ z l-W.-l () {,
Mills Act Agreement between
City of Chula Vista and
Steven Ritter and Salvador Dominquez, Owners
of property located at 654 Del Mar Avenue
Chula Vista, California, 91910
(Historic Site #72)
13-30
;47lAtHAI(;JU T 3
CITY OF CHULA VISTA
PLANNING & BUILDING DEPARTMENT
OTY OF 276 Fourth Avenue
CHUIA VISTA Chula Vista, CA 91910
Mills Act
AFPLICATlON FORM
II APPLICANT/OWNER INFORMATION II
Applicant/Owner Name: .sTt:-VQ'l 'R 1fTl;.::;/Z--
Applicant/Owner Address: (,5:'-1 lJe-l Mv.-v 4ve---
Phone: "I S '?-7-1 - 2-%3(#) 0['1 Z-'f4 -38'fS-~\)
Secondary Owner Name: 5'", I vc.. J. o-v-'DoVVl.l"7 "'-e L.-
Owner Address: b P'l De.-! Ivtc.r ~
Phone: b [0 <J 2..0 - "1 "77-0
'-;i~~i&h5iiim\'$&;;~~
.Case#: (J)/}-oq -CJO
D.te Submitted: / f) . f)(p.a
OWNER APPROVAL IS REQUIRED
NAME: ::"R::-"'lA::.FJ .R IT1l:.vL.- NAME: .j>/-'LVA-DOlZ., DO.V1oJ(Y'-<.E"L
SIGNATURE: ,<(L I'Z<-t:C SIGNATURE: ,;nJll' .11", ~.1""..,..;'~~ ~
DATE: Itc/S' "'(, DATE: IV?F/,-~ 'j -...J
II PROPERTY INFORMATION
Property Address: {; ,r- '-( l:;)e I tVJa..V A-v-e--.
Assessor's Parcel Number (Required): 51-" ~ - 2$"'0 - 21- /Zone:
II
HISTORlC/LANDMARK INFORMATION
'OI7CUrTL/
m'" / c& r-o.
'-
Is the site on the Local Register Listing? Yes
Date of Designation
Is the site designated as Historic on the
Date of Designation:
No ....--
State and/or
National Register?
II PROPOSED STRUCTUREJIMPROVEMENT
II
The goal of the Mills Act Program is to encourage the use, maintenance, and restoration of historical properties and retain their
characteristics as properties ofhistoncal significance. Please list restoration improvements, either specific or general, that you/the
owner intend to carry out to achieve/maintain the goal of the Mills Act Program. (Attach a separate sheet if necessary)
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I
13-31
Recording Requested by and
Please Return to,'
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
1J
This Space for Recorder's Use Only
1J
APN(s) 573-250-27-00
MILLS ACT AGREEMENT
For property located at 654 Del Mar Avenue, Chula Vista, CA 91910
THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a
municipal corporation ("City") and Steven Ritter and Salvador Dominquez ("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. 573-250-27-00, and
generally located at the street address 654 Del Mar Avenue, Chula Vista, California, 91910,
(Historic Site #72).
WHEREAS, the Chula Vista City Council declared and designated the above property as
Historical Site Number 72, 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-
01 incorporated herein by this reference.
13-32
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 shall 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 shall be done in accordance with the attached schedule of potential
home improvements, drafted by the Owner (Attachment B).
b. Owner shall 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:
c.
1. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs,
doors, walls and windows;
11. Scrap lumber, junk, trash or debris.
111. 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.
d. 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.
e. The owner shall allow visibility of the exterior of the structure from the public
right-of-way.
f. 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 and the
City Council prior to the issuance of such permit.
&. 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 ofthe
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, following a duly noticed public hearing as set forth in California
Government Code Sections 50280, et seq., may cancel this Agreement ifit 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
13-33
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 shall be subject to
payment of those cancellation fees set forth in California Government Code Section
50286.
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 ofthis 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.
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 December 19, 2006 (but no earlier than approval ofthe agreement by the
13-34
Page 40[6
Mills Act Contract
City Council), and shall remain in effect for a term of ten (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 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 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
ChuIa Vista, CA 91910
To Owner(s): Steven Ritter and Salvador Dominguez
654 Del Mar Avenue
Chula Vista, CA 91910
13-35
Page 5 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. Approval of this request shall not waive compliance with all sections of Title 19
(Zoning) of the Municipal Code, and all other appllcable City Ordinances
c. 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 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.
d. 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 ofthe Historical Site, whether by operation of law or
in any manner whatsoever.
e. 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.
f. 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.
g. 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 ofthe County of San Diego.
If., Amendments. This Agreement may be amended only by a written and recorded
instrument executed by the parties hereto
13-36
Page 6 of6
Mills Act Contract
13. Attornev Fees. In the event legal proceedings are brought by any party or parties to
enforce or restrain a violation of any ofthe covenants, reservations or restrictions
contained in this agreement, the prevailing party in such proceeding may recover all
reasonable attorneys' fees to be fixed by the court, in addition to court costs and other
relief ordered by the court.
14. Bargaining Power. This agreement has been agreed to by the parties only after
negotiations between City and Owner( s), both of which were represented by counsel.
Accordingly, this agreement shall not be construed as if it had been prepared only by City
or Owner(s), but rather as ifboth City and Owner(s) had prepared the same.
15. Counterparts. This agreement may be signed in one or more counterparts, each such
counterpart shall be considered as part of and the same document as all other related
counterparts.
13-37
Page 7 of6
Mills Act Contract
SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR
654 Del Mar Avenue, Chula Vista, CA 91910
CITY OF CHULA VISTA
OWNER(S) OF RECORD
Date:
Date:
Approved:
By:
Cheryl Cox, Mayor
(Notarized Signature)
Date:
Date:
Attest:
By:
Susan Bigelow, City Clerk
(Notarized Signature)
Date:
Approved as to form:
Ann Moore, City Attorney
OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF
NOTARY PAGE WITH SIGNATURE AND SEAL.
13-38
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 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, 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 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 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 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.
13-39
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 10 years to maintain or rehabilitate this property,
YEAR
IMPROVEMENT
~f~"f/Qrr 114 ~~11- ~
'ZA'60
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.
I
:L
IMPROVEMENTIRESTORA TIONS
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PRIORITY
3
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.
c:r-qA)
Date: L2} i1 010
Sil!nature:
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~~
13-40
0J 5 f ()J If? qf;
01)../1) u.p
13-41
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
Dated:
\"2-\ \ t1 t t1P
Mills Act Agreement between
City of Chula Vista and
Rufino Roque and Soledad Roque, Owners
of property located at 416 Third A venue
Chula Vista, California, 91910
(Historic Site #73)
13-42
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--~ 7f!7fci-l- A-/ l>uT -
MILLS ACT
APPLlCATJON FORM
- ------
"j
OIY Of'
CHULA VISfA
CITY OF CHULA VlST A
PLANNJNG & BUlLDJNG DEPARTMENT
276 Fourth Avenue
Chula Vista, CA 9 I 9 ] 0
Phone:
II
I PROPERTY INFORMATION
Property Address:, '1ft, TH(~
Assessor's Parcel Number (Required):
M{;' " (!//u/~ tlts1?l I CiA- '117'(0
t . vi' I
5G;9- t,t/O ~ CJ--? Zone: CONMt:fl--e.t/J-L,
PeIJdJ/l'j
........../
;JNf1/)~~ II
I mSTORIC/LANDMARK INFORMATION
Is the site designated as Historic? No
If yes, where? Local State
Is the site on the Local Register Listing? lj GS;
If yes, Date of Listing:
II PROPOSED STRUCTUREIIMPROVEMENT II
The goal of the Mills Act Program is to encourage the use, maintenance, and restoration of historical
properties and retain their characteristics as properties of historical significance. Please list
restoration improvements, either specific or general. that you/the owner intend to carry out to
achieve/maintain the 001 of the Mills Act Program. (Attach a separate sheet if nes;essary)
~ - . . ,- TibJ- .' } 6. ; L ~c- _ l' .
National
Date of Designation:
13-43
Recording Requested by and
Please Return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
1]'
This Space for Recorder's Use Only
1]'
APN(s) 568-410-29-00
MITLLSACTAGREEMENT
For property located at 416 Third Avenue (EI Primero Hotel), Chula Vista, CA 91910
TillS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a
municipal corporation ("City") and Rufino Roque and Soledad Roque ("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. 568-410-29-00, and
generally located at the street address 416 Third Avenue, Chula Vista, California, 91910,
(Historic Site # 73).
WHEREAS, the Chu1a Vista City Council declared and designated the above property as
Historical Site Number 73, 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 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.
13-44
Page 2 of 6
Mills Act Contract
2. Standards for Historical Site. During the term ofthis Agreement, the Historic Site shall
be subject to the following conditions, requirements, and restrictions:
a. Owner shall 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 shall be done in accordance with the attached schedule of potential
home improvements, drafted by the Owner (Attachment B).
b. Owner shall 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:
i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs,
doors, walls and windows;
11. Scrap lumber, junk, trash or debris.
111. 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 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.
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 and the
City Council prior to the issuance of such permit.
[, 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
deternrine compliance with the terms and provisions of this Agreement.
4. Cancellation. City, following a duly noticed public hearing as set forth in California
Govemment Code Sections 50280, et seq., may cancel this Agreement ifit 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
13-45
Page 3 of6
Mills Act Contract
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 shall be subject to
payment of those cancellation fees set forth in California Government Code Section
50286.
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 ofthis 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 oflhis 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 oflhis 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 December 19, 2006 (but no earlier than approval of the agreement by the
City Council), and shall remain in effect for a term often (10) years thereafter. Each year
13-46
Page 4 of6
Mills Act Contract
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
armual 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
armual renewal date ofthe 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 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 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 ofChula Vista
Attention: Director of Planning & Building
276 Fourth Avenue
Chula Vista, CA 91910
To Owner(s): Rufino and Soledad Roque
c/o El Primero Hotel
416 Third Avenue
ChuIa Vista, CA 91910
13-47
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. Approval ofthis request shall not waive compliance with all sections of Title 19
(Zoning) of the Municipal Code, and all other appli'cable City Ordinances
c. 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 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.
d. 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.
e. 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.
f. 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.
g. 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.
.lb Amendments. This Agreement may be amended only by a written and recorded
instrument executed by the parties hereto
13-48
Page 6 of 6
Mills Act Contract
13. Attornev Fees. In the event legal proceedings are brought by any party or parties to
enforce or restrain a violation of any of the covenants, reservations or restrictions
contained in this agreement, the prevailing party in such proceeding may recover all
reasonable attorneys' fees to be fixed by the court, in addition to court costs and other
relief ordered by the court.
14. Bargaining Power. This agreement has been agreed to by the parties only after
negotiations between City and Owner(s), both of which were represented by counsel.
Accordingly, this agreement shall not be construed as if it had been prepared only by City
or Owner(s), but rather as ifboth City and Owner(s) had prepared the same.
15. Counterparts. This agreement may be signed in one or more counterparts, each such
counterpart shall be considered as part of and the same document as all other related
counterparts.
13-49
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 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 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 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 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 construction shall be undertaken in such a
manner that ifremoved in the future, the essential form and integrity ofthe historic
property and its environment would be unimpaired.
13-50
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
SEE MTMt/i.j.m(J..y-0) 0u,PpINVf)!-
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
IMPROVEMENTffiESTORATIONS
1_ f:t2.[&rfC 'jZ..~)r:~6 3/2.. (2e-f.-oDt:
If'Jc'Mk1fZ.Er<JQ[cJ ~ ~ GUEi'Z0y SOC{(Lr9... (6f.s;!JtA.. f3rJE'rCGc/
)..,
.3. (L€: 'C76M1f! c..... !fb [t: ( Ifr5(J (11 ,1-r<J tJ /<rt- [(<!iI-(r 6,?-f6t;<JA-<. ~I t rx<0
FEtl-i'2.f(I.<:?S, '
i. 7(2..<?5:e'1.u( (f<<i-rfJfir,J ;J-.(j #r5(af1,'fttJ-L H!=r!-7lfIi:.Y. 1/ ~dlvG_
7. U) "l-r-(F. 4 fforR.. 5~(~ - k-ok.. :
f... ~..('JfirJ"--R ~ t1<(l(r1TM~ (jiLef'-(9.,L fo, ,4- (.cud! alii-fA (lrslt,os
l.{) ,;(f 6--<? /l(~ t~!2. d r If r t5ffG 2- ;; "'-- ,,) .."')
OWNER CERTIFIC\\TION: (j ';:1 -( /1'f'-'vlf/4./
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~
Date:
n
/ / /'
;H~I.-~:rr1J
Hotel improvements over tbe past ten (10) years.
2004- Removed unsightly art (psychedelic) decorations in front of building and changed
multi-colored paint schemes to a much subtle tone.
2004- Removed fal;'ade mixed chain link and wrought iron fence ~d replaced with
architecturally harmonious stucco fence with build-in lights for mcreased security and
safety.
2004- Removed aluminum awnings from each window to expose original building
structure.
2004- Removed dangerously hanging hotel sign. Preserved and relocated in the
courtyard. Replaced with environmentally friendly signage.
2005- Removed mixed aluminum framed and wood framed windows. Replaced with
energy efficient windows with similar looks and mode of operation as original wood
frames.
2005- Upgraded electrical system from 200 to 400 ampere rating.
2005- Remove old gas fIred heaters from each room and installed packaged air
conditioning and heating for increased guest comfort and safety.
2005- Installed ramp and access door to comply with ADA requirement.
2005- Build Kiosk and improved Courtyard.
2005- Added four additional parking spaces and a dedicated handicap parking.
13-52
E/ ~/f)efQ
'-II u ;-;;-rd Ovv 1J<<f
13-53
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
\~)li~Oh
Dated:
Mills Act Agreement between
City of Chula Vista and
David E. Doyer and Martina Doyer, Owners
of property located at 44 North Second Avenue
Chula Vista, California, 91910
(Historic Site #73)
13-54
CITY OF CHULA VISTA
PLANNING & BUILDfNG DEPARTMENT
276 Fourth Avenue
Chula Vista, CA 91910
A TT:,.:t ( 1-0--1 e_L"rf 6
MILLS ACT
APPLICATION FORM
~Wt-
-~-
~~~
01Y OF
CHULA VISTA
II APPLICANT/OWNERINFORMATlON II Staff Use
~ ~ _ ~ Case#: q Dq.tJO
Applicant/Owner Name: DOJ..) \; 1= n 'i ~ . Date Submitted: L'2. 3D dOV4>
Applicant/Owner Address: ~ ~_O -S ~~( -D-- ~_~ IJe.__ .
Phone: /,; \ Cj 5::1 f- ::J J-2 7
Secondary Owner Name: ----l'-\ ('\..J~ I v\ ('J 0c1'J 'i ~n-
Owner Address: Y Y }0. C;... /' CJ V\ cl t\ J<Z....
Phone: lo \ C\ l J. In - g I 0 1.
NAME: 00 u , ~
SIGNATURE:
DATE:
OWNER APPROVAL IS REQUIRED
E OO'-{l""--Y NAME: Y-lCA.v-h~t1. iJ<o'i~
SIGNATURE: ~Lv...L).....;.1:JAl~
Of:, DATE: \
II
\J ~ ,c, h eit '1 I 9'J()
Zone: R :2
II PROPE~TY INFORMATION
propertyAcJdress: ~ A S,- t!' C') 11\1. A. J(>. (~v \a
Assessor's Parcel Number (Required): 5"103 -30 ;:L - \ 1- 00
Is the site designated as Historic? '-\ €' ~
,-
if yes, where? X Local State
Is the site on the Local Register Listing?
If yes, Date of Listing:
II PROPOSEDSTRUCTUREmMPROVEMENT
i.s/-n'C ..s,'
National Date of Designation:
I
;(~
fk~
I HISTORIC/LANDMARK INFORMATION
0.P.,?-,
\
1\
The goal of the Mills Act Program is to encourage the use. maintenance. and restoration of historical
properties and retain their characteristics as properties of historical significance. Piease list
restoration improvements, either SpBcific or general, that you/the owner intend to carry out to
achieve/mai[ltain the goal of the }Aills Act Program. (Att ch a separate sh5let if necessary)
,"/;0' _ -JpnJ')/(/<,r ('/)(.7-/ i'r:-P9/i' / ~f!C/' Cq/~-j-
/
/
I.ij" jC;J P .
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y"::/)C;-::';'
Recording Requested by and
Please 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) 563-302-17-00
MILLS ACT AGREEMENT
For property located at 44 North Second Avenue, Chula Vista, CA 91910
THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a
municipal corporation ("City") and David E. Doyer and Martina Doyer ("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. 563-302-17-00, and
generally located at the street address 44 North Second Avenue, Chula Vista, California, 91910,
(Historic Site 30).
WHEREAS, the Chula Vista City Council declared and designated the above property as
Historical Site Number 30, 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 Policv. Owner shall comply with Council Policy Number 454-
o I incorporated herein by this reference.
13-56
Page 20[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 shall 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 shall be done in accordance with the attached schedule of potential
home improvements, drafted by the Owner (Attachment B).
b. Owner shall 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:
i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs,
doors, walls and windows;
11. Scrap lumber, junk, trash or debris.
11l. 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 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.
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 and the
City Council prior to the issuance of such permit.
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, 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
for a qualified historic property. In addition, City may cancel this Agreement if it
13-57
Page 3 of 6
Mills Act Contract
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 shall be subject to
payment of those cancellation fees set forth in California Government Code Section
50286.
5. Enforcement of AlITeement. 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 AlITeement. 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 cone em the land by enhancing and
maintaining the historical characteristics and significance of the Historic Site for the
benefit of City, the public, and Owner.
J
7. Effective Date and Term of AlITeement. This Agreement shall be effective and
commence on December 19,2006 (but no earlier than approval of the agreement by the
City Council), and shall remain in effect for a term often (10) years thereafter. Each year
13-58
Page 4 of6
Mills Act Contract
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 from its original
execution or from the last renewal ofthe 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 and Martina Doyer
44 North Second Avenue
Chula Vista, CA 91910
13-59
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. Approval of this request shall not waive compliance with all sections of Title 19
(Zoning) of the Municipal Code, and all other appli'cable City Ordinances
c. 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 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.
d. 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.
e. 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.
f. 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.
g. 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.
11., Amendments. This Agreement may be amended only by a written and recorded
instrument executed by the parties hereto
13-60
Page 6 0[6
Mills Act Contract
13. Attorney Fees. In the event legal proceedings are brought by any party or parties to
enforce or restrain a violation of any of the covenants, reservations or restrictions
contained in this agreement, the prevailing party in such proceeding may recover all
reasonable attorneys' fees to be fixed by the court, in addition to court costs and other
relief ordered by the court.
14. Bargaining Power. This agreement has been agreed to by the parties only after
negotiations between City and Owner(s), both of which were represented by counsel.
Accordingly, this agreement shall not be construed as if it had been prepared only by City
or Owner(s), but rather as ifboth City and Owner(s) had prepared the same.
15. Counterparts. This agreement may be signed in one or more counterparts, each such
counterpart shall be considered as part of and the same document as all other related
counterparts.
13-61
Page 7 of6
Mills Act Contract
SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR
44 North Second Avenue, Chula Vista, CA 91910
CITY OF CHULA VISTA
OWNER(S) OF RECORD
Date:
Date:
Approved:
By:
Cheryl Cox, Mayor
(Notarized Signature)
Date:
Date:
Attest:
By:
Susan Bigelow, City Clerk
(Notarized Signature)
Date:
Approved as to form:
Ann Moore, City Attorney
OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF
NOTARY PAGE WITH SIGNATURE AND SEAL.
13-62
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 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 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 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 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.
13-63
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
100(,
IMPROVEMENT
S 9 Y \ "'- '?- k v- ..s '{.5 i-~d---'
y 0 ()~ [eft] II?.. D /)
~v'fl e...-T
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 IMPROVEMENT/RESTORATIONS
VJ'V\.6..0w5 '--'-'''~~Dv...J..5
c... ' _ ""'. ~ -\- ............... , "T d.u...,^,,- 0. '\ c..
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( f1ren 0 r- (\.P~f en !/ [; '( 00 f {rn Cf/o-/n qj) U 0/ N pc; JR.. .,----; /
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OWNER CERTIFICATION:
1 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. . /
-./ /
/~ '-
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Si2:nature:G'JD...,.....A .J
(Z-!i/4Iv6
Date: (\
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I'M. LUISA BISHOP
fa', Commls.sion#1599375
i -. . Nolory Public. Colifomio ~
. Son Diego County
1 3 My Comm. Expires Aug 5. 2009
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13-6$2:
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--
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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
Dated:
~f~\l{ ~Ob
Mills Act Agreement between
City of Chula Vista and
Patrick Neill and Vicki Neill, Owners
of property located at 611 Second Avenue
Chula Vista, California, 91910
(Historic Site # lOa)
13-66
CITY OF CHULA VISTA
PLANNING & BUILDING DEPARTMENT
01Y OF 276 Fourth Avenue
CHUlA VISTA Chula Vista, CA 91910
AlTlt(J.! ;if!:;: i) r 7
--
Mills Act
APPLICATION FORM
II APPLlCANT/OWNERINFORMATION II
. c # mf! - (){!- r.J7) ,
Applicant/OwnerName:yu..,-t-ric...'<. /v,c\:..:.. 'f\v \\ . D:::s~bmittAd: /,5 cuw
Applicant/Owner Address: If) \ \ 7-f'.~ ~. Ck\Q V\6 -\z.-.:.. Q11/0
Phone: ~I~ l.f d. 6- ~ 50 Cc,
Secondary Owner Name:
Owner Address:
Staff Use
Phone:
.r:;;;,. " *WNERAPPRO~fL IS Q
NAME~. ~~~ .~.~..~L.L&) NAME. . Ie C
SIGNA. I I .J SIGNATURE: x
DATE:;< 1 ; S. c:i5 DATE: /, /
II PROPERTY INFORMATION
Property Address: Lo \ \ 2.. 'f'..~, A'0 e.., L h o..J \ 0.... ")\ i:, \6-
S. '2. a ; K.;J:.~.
Assessor'sParceINumber(Required):' .1 ~-I IO-Id.--OO'Zone: I
::\::l \:)
II
I mSTORICILANDMARK INFORMATION
Is the site on the Local Register Listing? Yes No
Date of Designation 'f \ (<S'\ ~
Is the site designated as Historic on the State and/or
Date of Designation:
I
B fan.SlSY\ CC4"r " ~1~ :tr \ 0 ~~
l"1tlo .-
National Register? J) ~ .~~~.
II PROPOSEDSTRUCTVREroMPROVEMENT
II
The goal of the Mills Act Program is to encourage the use, maintenance, and restoration of historical properties and retain their
characteristics as properties of historical significance. Please list restoration improvements, either specific or general, that you/the
owner intend to carry out to achieve/maintain the goal ofthe Mills Act Program. (Attach a separate sheet if necessary)
~ '. L. - . _ \ __ . I .\
I..\J...Vq~ \,~"f\c.. i 0-D LD, l}.J...Q "' O-.--J-..
''l.-",-~ --\c., , c..~ 0. ocJL:o 0..0 0... JLo(, Jl. 1~: G:&-,
'_i.:).,'--~ G-v-.....~ ~.D (}'V\... ~~ ~\J. \-\; \ ::, \-or ,~T ~........
l"><- \~()O '-1 .
13-67
Recording Requested by and
Please Return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
1J
This Space for Recorder's Use Only
1J
APN(s) 573-190-12-00
MILLS ACT AGREEMENT
For property located at 611 Second Avenue, Chula Vista, CA 91910
THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a
municipal corporation ("City") and Patrick Neill and Vicki Neill ("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. 573-190-12-00, and
generally located at the street address 611 Second Avenue, Chu1a Vista, California, 91910,
(Historic Site #10a).
WHEREAS, the Chula Vista City Council declared and designated the above property as
Historical Site Number lOa, 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-
01 incorporated herein by this reference.
13-68
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 shall 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 rqles and regulations published
by the Secretary of the Interior and as amended from time to time (Attachment
A). Work shall be done in accordance with the attached schedule of potential
home improvements, drafted by the Owner (Attachment B).
b. Owner shall 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:
i. Dilapidated, deteriorating, or unrepaired 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, 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.
f." 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 and the
City Council prior to the issuance of such permit.
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 ofthe
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, following a duly noticed public hearing as set forth in California
Government Code Sections 50280, et seq., may cancel this Agreement ifit 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
13-69
Page 3 of6
Mills Act Contract
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 r=oved the historic site. In the event of cancellation, Owner shall be subject to
payment of those cancellation fees set forth in California Government Code Section
50286.
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 ofthis 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.
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 ofthe
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 December 19,2006 (but no earlier than approval of the agreement by the
City Council), and shall remain in effect for a term often (10) years thereafter. Each year
13-70
Page 4 of6
Mills Act Contract
upon the anniversary of the effective date, such initial t= 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 hereiI).. 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 (l) 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 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 terms ofthis 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 of Planning & Building
276 Fourth Avenue
Chula Vista, CA 91910
To Owner(s): Patrick and Vicki Neill
611 Second Avenue
Chula Vista, CA 91910
13-71
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. Approval of this request shall not waive complianpe with all sections of Title 19
(Zoning) of the Municipal Code, and all other applicable City Ordinances
c. 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 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.
d. 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.
e. 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.
f. 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.
g. 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 ofthe County of San Diego.
g Amendments. This Agreement may be amended only by a written and recorded
instrument executed by the parties hereto
13-72
Page 6of6
Mills Act Contract
13. Attorney Fees. In the event legal proceedings are brought by any party or parties to
enforce or restrain a violation of any of the covenants, reservations or restrictions
contained in this agreement, the prevailing party in such proceeding may recover all
reasonable attorneys' fees to be fixed by the court, in addition to court costs and other
relief ordered by the court.
14. Bargaining Power. This agreement has been agreed to by the parties only after
negotiations between City and Owner(s), both of which were represented by counsel.
Accordingly, this agreement shall not be construed as if it had been prepared only by City
or Owner(s), but rather as if both City and Owner(s) had prepared the same.
15. Counterparts. This agreement may be signed in one or more counterparts, each such
counterpart shall be considered as part of and the same document as all other related
counterparts.
13-73
Page 7 of6
Mills Act Contract
SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR
611 Second Avenue, Chula Vista, CA 91910
CITY OF CHULA VISTA
OWNER(S) OF RECORD
Date:
Date:
Approved:
By:
Cheryl Cox, Mayor
(Notarized Signature)
Date:
Date:
Attest:
By:
(Notarized Signature)
Susan Bigelow, City Clerk
Date:
Approved as to form:
Ann Moore, City Attorney
OWNERS PLEASE HA VB NOTARY PUBLIC ATTACH A SEPARATE PROOF OF
NOTARY PAGE WITH SIGNATURE AND SEAL.
13-74
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 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 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 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 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.
13-75
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 10 years to maintain or rehabilitate this property.
YEAR LDff\.O""(i ~ IMPROVEMENT. , . .
t9'i1o -U"<d.1).ic'k ~-\~ ~ (~~k~ +. k)
2.-00(> u ~Q..L~ Vf't':a...L. - Yac.k p\~~-r Wd.U, ~~b-\- bo.--t\J-v\uo
D..;;? b-;.. -kr,; .
"€..fk:c--r ~\. wZ-\+..- ?Cr'~6 o:,\""'s
o \Y'*--" cr,,- ~'^-~~ W \~ ch.oyn..C-~-'6:~ \.-.o.rd.,-"",--.o.~
--1=1""'"5, c..,...'o, ~ . ~:m.rl'd. ~"--\\ +~Yn~+:' ,GJMJ.-b'J ,,,;.~:,~
Please list the improvements and restorations that you intend to make over the next 1 0 <C ~ .
years. List them in order of your priority based upon anticipated need for proper .
maintenance.
2.="
26'-'>L..
PRIORITY
I)
.l..)
3)
~)
IMPROVEMENTffiESTORATIONS
~+;",,- ~ bo.ch0~ .
" o{'A-\-4iO-cNJ-.Y"""daJ.. ( 'eacL~)
{;1--t0f\~ S~uc. \-v.,"'-. ~o..~h -\ ~. f'~=-r'-.JC~-O,^-
e ().-",,~a...;:t clr. v <c. W4 m~\-o--r-~ ~
-..-'\Q...D -\uy- 0- -hvvI.
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
:::'00 '" ili, '"I" Ad A~~:'~~:bb& 1/~ 1/
13-76
I' i (J . ~ .,.., "J /!
COUNCIL AGENDA STATEMENT
Item:L
Meeting Date: 12/19/06
Item Title:
Quarterly Financial Status Report for the Quarter Ended
September 30, 2006
Director of FinanCelT~reL/n\L
Interim City Manager d I (4/5ths Vote: Yes _ No--1L)
Submitted By:
Reviewed By:
Section 504 (f) of the City Charter requires quarterly fiscal status reports to be
filed by the Director of Finance through the City Manager.
Recommendation: That Council accept the report as submitted.
Boards and Commissions: N/A
Discussion:
Attached for your consideration is the financial status report for the first quarter of
fiscal year 2007. The detailed Fiscal Status Report for the quarter ending
September 30, 2006, assumes that the City will continue to maintain a reserve
level above the 8.0% Council general fund reserve policy.
All revenue variances discussed in this report will be reflected in the updated
Five Year Financial Forecast, which will be presented to the City Council as part
of the fiscal year 2008 budgetary workshop.
Decision Maker Conflicts:
Staff has reviewed the decision contemplated by accepting this report and has
determined that it is not site specific and consequently the 500 foot rule found in
the California Code of Regulations section 18704.2(a)(1) is not applicable.
Fiscal Impact:
Since this report is for informational purposes only, there is no fiscal impact
relative to accepting this report.
14-1
The City General Fund ended the fiscal year 2006 with an available balance of
$14.9 million or 8.8% of the operating budget. Based on updated revenue
projections and the implementation of the citywide contingency plan, the general
fund reserves are projected at 8.4% or $14.3 million, a slight decrease of 0.4%,
or $600,000, from the prior fiscal year. The reserves are anticipated to drop due
to a shortfall in development revenues. Based on preliminary estimates,
reserves may reach 8.8% or $14.9 million once the deyelopment processing fee
study is completed and approved. The actual amount will depend upon the
implementation schedule of the fee study. The 8.8% reserve level assumes a
March 1, 2007 implementation date.
Currently under review by the Fire Department and the Office of Budget &
Analysis is overtime usage. Based on year to date overtime usage, the Fire
Department is anticipating budgetary overages. The analysis will be discussed
as part of the second quarter fiscal status report. It is important to note that the
Fire Department overtime overage has not been quantified and is therefore not
reflected in the qeneral fund reserve proiections.
The projections also assume that no further mid-year appropriations from the
general fund reserves will be approved, which may be difficult to achieve
considering the various significant projects currently in progress.
Proiected General Fund Available Fund Balance
General Fund Reserves July 1, 2006 14,927,405
Projected Revenues & Transfers In 165,377,394
Projected Expenditures & Transfers Out 165,980,143
Revenues over (under) Expenditures (602,749)
Projected Available Fund Balance as of June 30, 2007 $ 14,324,656
Reserves as Percentage of General Fund Operating Budget 8.4%
Projected Reserves (Assuming Updated Fees) $ 14,927,405
Reserves as % of General Fund Operating Budget (Assuming Fee Update) 8.8%
14-2
FINANCIAL STATUS REPORT
First Quarter Fiscal Year 2007
Prepared by the Finance Department
~\f?-
---
O1\'Of
CHUlA VISfA
INTRODUCTION
The purpose of this report is to provide the City Council, management and the citizens
of Chula Vista an update on the City's fiscal status based on the most recent financial
information available. The projections presented in this report were prepared through
the hard work and efforts of the various Department Heads, departmental analyst,
Finance Department staff and the Office of Budget and Analysis.
The City began the fiscal year with a balanced general fund budget, which included
appropriations for expenditures and transfers out of $170.1 million, supported by
estimated revenues and transfers in of $170.1 million. During the first quarter, Council
approved $518,575 in additional appropriations supported by additional revenues of
$341,575 resulting in a net impact to reserves of approximately $177,000 as described
in Schedule D.
Overall, general fund discretionary revenues such as property taxes and sales taxes
continue to be strong as projected. However, the utility users tax (UUT), franchise fees
and real property transfer taxes are projected to be $1.7 million less than initially
projected. This amount represents about 1.6% of general fund discretionary revenues.
In addition, the development services departments are projecting a shortfall in
development revenues of approximately $2.4 million in the current fiscal year. Other
departmental revenues are also projected lower by $942,093, primarily within the
Recreation Department ($575,930) due to lower than anticipated recreation class
registration fees. These shortfalls in the Recreation Department will be fully offset by
identified expenditure savings.
SUMMARY OF PROJECTED REVENUE SHORTFALLS
% of Budgeted Revenues
$ (1,651,608)
$ (2,445,196)
$ (942,093)
$ (5,038,897)
-3%
Net Tax Revenue Shortfalls
Development Revenue Shortfalls
Other Departmental Revenue Shortfalls
Total
To address the anticipated shortfalls in revenues, a citywide contingency plan has been
implemented. The City went through an extensive contingency planning process,
working with departments to identify expenditure savings within existing budgets to
assist in mitigating impacts to the general fund reserves. The remaining impacts will be
mitigated by actively managing vacant positions. It is anticipated that these changes
can be implemented in the short-term with little to no impact on existing service levels.
In addition, a development processing fee study is currently taking place which, if
approved, is projected to generate approximately $600,000 in revenues during the
current fiscal year. A summary of the revenue shortfalls and the anticipated savings are
summarized as follows.
14-3
FINANCIAL STATUS REPORT
First Quarter Fiscal Year 2007
Page 2
SUMMARY OF FISCAL ISSUES AND SOLUTIONS
Issues
Amount
Solutions
. Amount.
Projected Revenue Shortfall:
Tax Revenues (net)
Development Revenues
Other Departmental Revenues
Mid-Year Appropriations
$1,651,608
$2,445,196
$ 942,093
$ 177,000
$5,215,897
Contingency Plan Savings $
Mgmt Vacant Positions (est). $
'Development, Fee Study (est) $
$
3,968,700
644,448
602,749
5,215,897
'Represents net impact of Mid. Year Council Approved Appropriations.
"Fee study currently taking place. To be brought forward for Council consideration
early next calendar year.
GENERAL FUND RESERVES
The City General Fund ended the fiscal year 2006 with an available balance of $14.9
million or 8.8% of the operating budget. Based on updated revenue projections and the
implementation of the citywide contingency plan, available reserves are projected at
8.4% or $14.3 million at the end of the current fiscal year. Based on preliminary
estimates, reserves may end the year at 8.8% or $14.9 million once the development
fee study is completed and approved.
General Fund Reserves July 1, 2006
Projected Revenues & Transfers In
Projected Expenditures & Transfers Out
Revenues over (under) Expenditures
'Projected Available Fund Balance as of June 30, 2007
Reserves as Percentage of General Fund Operating Budget
14,927,405
165,377,394
165,980,143
$
(602,749)
14,324,656
8.4%
Projected Reserves (Assuming Updated Fees)
Reserves as % of General Fund Operating Budget (Assuming Fee Update)
$
14,927,405
8.8%
GENERAL FUND EXPENDITURES
Total General Fund expenditures and encumbrances through September 30,2006 were
$37.7 million. Actual expenditures year to date are comparable on a quarter by quarter
basis as reflected under the attached schedule A.
14-4
FINANCIAL STATUS REPORT
First Quarter Fiscal Year 2007
Page 3
Overall, through identified departmental savings and management of vacant positions,
expenditure savings of $4.6 million are projected to largely mitigate the impacts of the
projected revenue shortfalls of $5.0 million. The expenditure savings have been
identified as salary savings based on managing vacancies citywide ($3.6 million or 2.6%
of the total general fund personnel budget), supplies and services savings ($936,853)
and savings in other expenses ($34,105). The continqencv plan has been implemented
bv manaQement and is beinq monitored departmentallv: Schedule A also lists the
expenditures to date and projected savings by department.
Currently under review by the Fire Department and the Office of Budget & Analysis is
Fire overtime usage. Based on year to date overtime usage, the Fire Department is
anticipating budgetary overages. The review is anticipated to be completed early in
calendar year 2007. In addition, health insurance costs are anticipated to increase by
approximately $470,000 for the remainder of the fiscal year. At this time, any general
fund impacts from the health insurance cost increases will be mitigated by reallocating
existing budgets between departments as part of the year-end budget clean up.
MAJOR DISCRETIONARY REVENUES
Overall, the major discretionary revenues, such as sales taxes and property taxes
continue to be strong. However, franchise fees, utility users tax and real property
transfer tax are projected to be under budget by approximately $1.7 million or -1.6%.
At this time, due to a citywide contingency plan, which has been implemented by
management, no general fund impacts are anticipated due to these shortfalls.
GENERAL FUND MAJOR DISCRETIONARY REVENUES
Fiscal Year 2006 Fiscal Year 2007
Maior Discretionarv Revenues Actual Budnet Proiected Variance % Variance
Property Taxes $ 22,192,789 $ 26,999,041 $ 27,649,041 650,000 2.4%
Sales Taxes $ 26,715,515 $ 30,997,040 $ 30,997,040 0 0.0%
Franchise Fees $ 9,492,759 $ 11,368,337 $ 10,528,835 (839,502) ~7.4%
f.rransient Occupancy $ 2,336,204 $ 2,581,975 $ 2,581,975 0 0.0%
Utility Users $ 6,363,446 $ 8,030,681 $ 6,617,984 (1,412,697) -17.6%
Business License $ 1,234,912 $ 1,238,340 $ 1,238,340 0 0.0%
Real Property Transfer $ 2,122,860 $ 2,648,554 $ 2,035,145 (613,409) -23,2%
"State Motor Vehicle License Fees $ 18,354,839 $ 17,864,139 $ 17,864,139 0 0.0%
,Aiscellaneous Revenues $ 1,602,222 $ 1,082,930 $ 1,646,930 564,000 52.1%
otal $ 90,415,546 $102,811,037 $101,159,429 (1,651,608\ -1.6%
*Property Taxes in Fiscal Year 2006 are net of the $1.8 million state takeaway related to ERAF III.
""'In Fiscal Year 2006, VLF total reflects reimbursement from State due to previous takeaways.
14-5
FINANCIAL STATUS REPORT
First Quarter Fiscal Year 2007
Page 4
SAL~S-'!.~E~{~l!l!~~T $31.0 MILLlO'!!.!:.F/OJJ~ET-~eJ31. O_MILL/()_~L_
Sales and use tax revenue is the
City's single largest discretionary
revenue source, accounting for
30.6% of the total projected
discretionary revenue for the
General Fund in fiscal year 2007.
During fiscal years 2005 and 2006
sales tax revenues increased by
10.2% and 13.2% respectively
primarily due to increased
population and the opening of
several new commercial centers in
the eastern section of the City.
During fiscal year 2007, sales tax
revenues are projected to increase
by 16.0% from the prior year due to the expansion of the auto park and the highly
anticipated and publicized opening of the Otay Ranch Town Center Mall. Growth in sales
tax reveoue has averaged 7% per year over the past five years.
Sales Tax Revenue
$35,000,000
$30,000,000
$25.000,000
$20,000,000
$15,000,000
$10,000.000
$5,000,000
$0
1997
1999
2007
2001
2003
2005
P~OPE'!T'!J_;Y<~~.J~UDf!~!' $27.0 MILLION, PROJECTE~ $27.6 ~/LLlo'!L.___._._.____..
Property taxes continue to grow
Countywide, although at a slower
rate than in previous years. The
pace of new and existing home
sales slowed dramatically and is
anticipated to continue the trend of
slow growth into fiscal years 2008
and 2009 and will be reflected in
the next two-year proposed budget.
Property Taxes
$28,000,000
$24,000.000
$20,000,000
$16,000,000
$12,000,000
$8,000,000
$4,000,000
$0
19971998199920002001 200220032004200520062007
For comparison purposes, the property tax revenue does not
reflect $1.8 million in State takeaways in fiscal year 2005 and
2006.
14-6
FINANCIAL STATUS REPORT
First Quarter Fiscal Year 2007
Page 5
According to the most recent County
of San Diego Assessor's Office
Report, assessed values in Chula
Vista have increased by 15.43% for
fiscal year 2007 compared to 20% in
the 2006 fiscal year. Based on the
updated report from the County
Assessor, property tax revenues are
projected to come in higher than
budgeted by approximately
$650,000.
Growth in Assessed Value
25.00%
20.00%
5.00%
~.
"W""''''''''''m~",,",,'
15.00%
10.00%
0.00%
1995 1997 1999 2001 2003 2005 2007
L -Chula Vista '~""';'County Overall
"'As represented in the chart, this is the 8th straight year that the City
has seen double-digit growth in assessed values.
13EA~~I!OPERTY TRANSFER TAX (BUDGET $2.6 MILLION, PROJECTED $2.0 MILLION)
When real property is sold, the County assesses a transfer tax. The tax rate is $1.10
per thousand multiplied by the selling price of the property. The City receives 50% of
the transfer tax for sales within Chula Vista.
Property transfer taxes are reflective of the housing market. Due to the significant slow
down in real estate construction and the cooling of resale homes during the current
fiscal year, the revenue projections are being adjusted downward by $600,000.
S~A_!~",!OTOR VEHICLE LICENSE FEES (BUDGET $17.9 MIL,-:!ON~R_OJE~!ED !17.9 MILLION) .
The VLF revenue has gone through many changes in the past two years. The fee was
initially established back in 1948 and directed to local government. The State had
previously assessed a 2% of value Motor Vehicle License Fee on car registrants on
behalf of local governments. During fiscal year 2004, the State dropped the fee from
2% to 0.67%. Except for the first three months of that year, the State back-filled this fee
reduction with other State funds, keeping local government revenue whole. Beginning
in fiscal year 2005, the local government share of VLF has narrowed. Cities continue to
receive the 0.67% portion of the fee directly from the State, but this amount is now net
of County realignment and administrative reductions. The State backfills the gap
created by the fee reduction from 2% to 0.67% with an additional allocation of local
property tax from County ERAF funds, referred to as the VLF swap. After 2006, the
VLF swap will be valued at the original 2005 amount, and increased by the jurisdiction's
annual growth in assessed valuation. These changes in valuation are reflected in the
fiscal year 2007 budget and are projected to come in at budgeted levels.
14-7
FINANCIAL STATUS REPORT
First Quarter Fiscal Year 2007
Page 6
fRJ!<~~f1~SIl_~'!~~J~UD~~T~[).J!!_:~~/LL~~N,f!.'!_9JEE!~~$11!:~~/L~~ONL_____.
Franchise fee revenues are generated from public utility sources such as San Diego Gas
& Electric (2% on gas and 1.25% on electricity), trash collection franchises (9.05% fee),
and cable franchises (5% fee) conducting business within City limits. SDG&E is the single
largest generator of Franchise Fees and accounts for approximately 50% of the total
franchise revenues, which are received semi-annually, in' March and August. SDG&E
collects the franchise fee from Chula Vista customers and through a municipal surcharge
imposed on the South Bay Power Plant based on their usage of natural gas. Due to the
volatility of the price of natural gas and fluctuation in usage this component is difficult to
project. Trash franchise fees and cable fees are more predictable due to the fixed rates
charged and the monthly and quarterly receipt of the revenues respectively.
Total franchise fees received in
fiscal year 2006 were $9.5 million,
which was $457,000 less than
projected in the prior year third
quarter fiscal status report. At this
time, we are projecting franchise
fee revenues to come in at
approximately $10.5 million. This
is $840,000 less than budgeted in
the current year due to the prior
year shortfall. Staff will continue to
monitor this revenue source and
provide updated projections in the
second quarter report.
Franchise Fees
In $9.0
~ $80
$7.0
i
$6.0
$5.0
$4.0
$3.0
$2.0
$1.0
$-
/~
/ ..
/ ~. ....
~. / ~
/.
.. /
,
.
2001
2002 2003 2004 2005 2006 2007
-~+-- Energy
_____ Trash/Cable
UTl~/T~lI.~Il.RS_!.~X.{~l!EGET!~.~ MILLION, PROJEC~~[)J6.6 MILLION)
The City adopted its Utility Users Tax (UUT) in 1978. The City of Chula Vista imposes a
UUT on the use of telecom at the rate of 5% of gross receipts, which represents 66% of
the total UUT revenues received. The UUT on natural gas services is $0.00919 per therm
and $0.00250 per kilowatt on electricity services, which equates to approximately a 1%
tax.
UUT revenues are projected to grow using population factors and are adjusted downward
to account for market saturation in the wireless telecom sector due to the shift in usage of
land line telephones to cellular telephones and to internet and other private-network
communications. SDG&E is the predominant energy provider with dozens of
telecommunications providers. UUT is received on a monthly basis from the various
providers.
Total UUT revenues received in fiscal year 2006 were $6.4 million, of which $2.2 million
was from energy and $4.2 million was from telecommunications. The total was
$872,000 less than projected in the fiscal year 2006 third quarter fiscal status report.
14-8
FINANCIAL STATUS REPORT
First Quarter Rscal Year 2007
Page 7
The shortfall in UUT was due to one-time credits for billing errors by SDG&E of
approximately $84,000 and the relatively mild winter and summers which resulted in
lower energy usage.
Some large telecommunications
providers and taxpayers have taken
the position that the UUT does not
apply to long distance, VolP (voice
over internet), and cellular phone
charges. Although pending litigation
and potential legislation could
adversely affect the
telecommunications revenues, they
are unlikely to do so during the next
twelve months. We are therefore
projecting revenues to come in I -+-Energy ".--Telecom __Total
relatively flat at $6.6 million resulting in an overall budgetary shortfall of $1.4 million.
Utility Users Tax
~ $7.0
c
Jl $6.0
:IE $5.0
$4.0
$3.0
$2.0
$1.0
$0.0
....
~
-- ..-. '.' --.
..-
/
-. -...------..
2001
2002 2003 2004 2005
2006 2007
DEVELOPMENT RELATED REVENUES
Current projections of development related revenues citywide indicate unanticipated
revenue shortfalls of approximately $2.4 million in the development services
departments, including the Planning & Building, and Engineering Departments, and the
Construction Inspection section of Public Works Operations. These shortfalls are
projected in both the fee based and deposit based revenue budgets, at $1.5 million and
$900,000 respectively. These revenue shortfalls are discussed in detail in the following
sections. Budgetary adjustments to mitigate this impact totaling $1.2 million have been
identified in the Planning & Building and Engineering Departments and are also
discussed below. Additional revenues generated by the pending Building & Planning
fee updates further reduce this impact by $602,749, to $654,448.
DEVELOPMENT SERVICES GENERAL FUND IMPACT SUMMARY
TotllI
Budgeted Revenues $ 9,790,564 $ 6,922,290 $ 16,712,854
Projected Revenues $ 7,851,078 $ 6,416,580 $ 14,267,658
Revenue Shortfall $ 1,939,486 $ 505,710 $ 2,445,196
Budget Adjustments $ (682,289) $ (505,710)) $ (1,187,999)
'Development Fee Study (est.) $ (602,749) $ $ (602,749)
General Fund Impact $ 654,448 $ $ 654,448
*Fee study currently taking place. To be brought forward for Council consideration early next calendar year.
14-9
FINANCIAL STATUS REPORT
First Quarter Rscal Year 2007
Page 8
D~,!~~()!",,!~!.~RO~~~StN~Et.:.E.~ (BUDGET ~6. 7 MtLLtON~~'!.()JEC!.~D $5.2 MtL!:~()_NL_.__
Development related revenues
consist of two categories:
development processing fee
revenues and deposit based
revenues. In all, a $2.4 million
shortfall is projected in
development related revenues. Of
that amount, $1.5 million is
attributable to development
processing fee revenues and is
discussed in this section. The
remaining $900,000 shortfall is
attributable to deposit based
revenues, and is discussed in the
following section of this report.
Development processing fee
revenues, which include building
permits, planning fees, other building department fees, and engineering fees, reflect a
significant decrease year-to-date. One of the major sources of development revenues
are building permits, which are down 15% compared to last fiscal year. The decrease in
building permit revenue is derived from the combination of a decrease in the valuation
of new construction and a decrease in the number of residential building permits issued.
Residential Building Permits
Units Issued by Fiscal Year
4,000
3,500
3,000
2,500
2.000
1,500
1,000
500
o
1998 1999 2000 2001 2002 2003 2004 2005 2006 2007
DSingle Family
.Multi-Family
New residential building permits pulled year to date (as of November 30) totaled 291.
This represents a 50% decrease from the 589 residential units pulled as of November
30, 2005. This same measure was as high as 1,180 units in November of 2004. In
total, 2,216 units were permitted in fiscal year 2005 and 1,406 residential units were
permitted in fiscal year 2006. The highest fiscal year residential construction activity
occurred in fiscal year 2004, with the permitting of 3,694 units. These historic trends
are illustrated in the 'Residential Building Permits' chart above.
Current projections for fiscal year 2007 reflect the permitting of 1,200 residential units, a
reduction of 68% since fiscal year 2004 and the lowest level since 1998. The decline in
building permits issued will translate into a significant shortfall in development related
fee revenues of approximately $1.5 million in the current fiscal year. An additional
shortfall of $900,000 in deposit-based revenues is projected as well, bringing the total
development revenue shortfall to $2.4 million. This deposit based revenue shortfall is
discussed in the next section of this report.
In response to declining development activity, the operating budgets for the
development services groups were reviewed, and projected general fund impacts were
quantified. The Office of Budget & Analysis prepared this analysis using information
provided in the pending Maximus development processing fee studies, along with
detailed development phasing projections provided by the development community and
14-10
FINANCIAL STATUS REPORT
First Quarter Fiscal Year 2007
Page 9
the Planning & Building Department. In addition to providing requested data, the
Planning & Building Department was directly involved in analysis of their budget and
concurs with the assumptions used in this report.
Incorporating the fee study and development phasing information, development related
revenues for the current fiscal year are projected to total $5.2 million. This projection
assumes the issuance of approximately 1,200 new residential construction permits this
fiscal year, under the City's existing fee structure. This projection represents a revenue
shortfall of $1.5 million (or 22%), as compared with the approved revenue budget of
$6.7 million. The validity of this projection is critically tied to the accuracy of information
contained in the pending Maximus fee studies and the aforementioned development
forecast.
DEPOSIT BASED REVENUES
Of the projected $2.4 million revenue shortfall in the development services departments,
$1.5 million is attributable to the development related fee revenues detailed above. The
remaining $900,000 revenue shortfall projected is associated with staff time
reimbursement revenues. These reimbursement revenues are generated from deposit-
based accounts (chiefly development related), as well as a small amount for
Development Impact Fee program administration, and redevelopment project areas.
DEVELOPMENT SERVICES BUDGETARY ADJUSTMENTS
In response to projected shortfalls of $2.4 million in the Planning & Building and
Engineering Departments, a number of actions have been identified to mitigate impacts
to the general fund. These actions include updates to the Planning & Building
development processing fee schedules to generate additional permit revenues, along
with expenditure budget adjustments to generate budgetary savings.
In the Planning & Building Department, budgetary savings of $682,289 have been
identified for the current fiscal year. These savings reduce their projected general fund
impact from $1.9 million to $1.25 million. Additional revenues to be generated by the
pending Building & Planning fee updates further reduce this impact. These updates are
anticipated to generate additional fee revenues of $602,749, assuminq council adoption
of the fees and an effective date for the new fees of March 1. 2007. As previously
described, this projection assumes the permitting of approximately 1,200 new
residential units. Assuming the generation of these additional revenues, the remaining
unmitigated general fund impact for the Planning & Building Department is projected to
total $654,448.
14-11
FINANCIAL STATUS REPORT
First Quarter Fiscal Year 2007
Page 10
PLANNING & BUILDING DEPARTMENT
GENERAL.FuND IMPACT
. FISCAL YEAR 2007 .
Budgeted Revenues $
Projected Revenues $
Revenue Shortfall $
9,790,564
7,851,078
1,939,486
Budget Adjustments $
'Development Fee Study (est.) $
General Fund Impact $
(682,289)
(602,749)
654,448
'Fee study currently taking place. To be brought forward for
Council consideration early next calendar year
Annualized over a full fiscal year, expenditure budget adjustments in the Planning &
Building Department will generate savings of at least $1.3 million in fiscal year 2008.
When combined with increased fee revenues anticipated from the updated development
processing fees ($1.3 million), these adjustments bring the Planning & Building
Department's budget in line with historic general fund net impact levels.
In the Engineering Department, budgetary savings of $505,710 have been identified for
the current fiscal year. These savings completely offset the department's anticipated
revenue shortfall. As in the Planning & Building Department, these budgetary
adjustments will be reflected in the fiscal year 2008 budget in order to keep
expenditures inline with development activity and revenues.
The final group impacted by the slowdown in development activity is the Construction
Inspection section of Public Works. The impacts of a development slowdown are
delayed for this group, as compared with the Planning & Building and Engineering
Departments. This delay is a result of this group's role in the development process,
which is primarily limited to project construction. For the current fiscal year, a minor
revenue shortfall is projected, which will be completely offset by personnel vacancies.
BUDGET ADJUSTMENTS
Per Council direction, a list of budget adjustments between summary accounts
approved by the City Manager during the quarter are to be provided. There were no
budgetary transfer requests during the first quarter of fiscal year 2007.
Attachments:
Schedule A - Expenditure Status by Department
Schedule B - Revenue Status by Department
Schedule C - Revenue Status at Fund Level
Schedule D - Mid-Year Appropriations
14-12
Schedule A
Financial Status Report
GENERAL FUND
Expenditure Status by Department
as of September 30, 2006
*Amended Available Projected Projected % Available (1st qtr.)
Department Budget Balance Expenditures Exp. Savings FY07 FY 06
Legislative and Administrative
City Council 1,638,747 1,256,167 1,638,747 0 76.7% 77.4%
Boards and Commissions 14,252 2,732 14,252 0 19.2% 62.2%
City Clerk 1,155,549 896,002 1,147,949 7,600 77.5% 77.6%
City Attorney 2,723,608 1,955,115 2,713,608 10,000 71.8% 75.1%
Administration 3,980,019 3,018,849 3,766,376 213,643 75.9% 76.1%
Information Technology Services 4,461,887 3,050,198 4,381,521 80,366 68.4% 75.8%
Human Resources 5,382,264 3,325,759 5,275,503 106,761 61.8% 66.9%
Finance 3,205,939 2,476,826 3,145,939 60,000 77.3% 78.1%
Total Legislative and Administrative $22,562,265 $15,981,648 $22,083,895 $478,370 70.8% 74.2%
Non-Departmental $3,605,844 $668,632 $2,961,396 $644,448 18.5% 44.9%
Development and Maintenance Services
General Services 10,984,041 8,394,873 10,735,233 248,808 76.4% 76.3%
Community Development 3,954,618 2,842,102 3,879,350 75,268 71.9% 72.2%
Planning and Building Services 10,616,759 7,825,425 9,934,470 682,289 73.7% 74.8%
Engineering 7,908,040 6,283,952 7,011,551 896,489 79.5% 79,5%
Public Works 21,372,349 16,194,375 21,207,495 164,854 75.8% 74.1%
Total Development and Maintenance Services $54,835,807 $41,540,727 $52,768,099 $2,067,708 75.8% 75.3%
Public Safety
Police 50,335,289 39,751,780 49,954,364 380,925 79.0% 78.0%
Fire 22,644,407 17,542,226 22,557,343 87,064 77.5% 77.5%
Total Public Safety $72,979,696 $57,294,006 $72,511,707 $467,989 78.5% 77.8%
Culture and leisure
Recreation 7,008,706 5,376,297 6,341,683 667,023 76,7% 80.1%
Library 10,232,049 7,920,743 9,971,921 260,128 77.4% 76.6%
Nature Center 1,194,857 841,462 1,167,375 27,482 70.4% 73,3%
Total Culture and leisure $18,435,612 $14,138,502 $17,480,979 $954,633 76.7% 77.6%
Total General Fund $172,419,224 $129,623,515 $167,806,076 $4,613,148 75.2% 75.1%
*Includes $1.8 million in budget carrryovers for encumbrances and CIP projects.
*'* Anticipated Citywide Salary Savings due to management of vacant positions
14-13
Financial Status Report
Schedule B
GENERAL FUND
Revenues Status By Department
as of September 30, 2006
Amended Actual Projected Var. Proj. Percent
Department Budget To Date Revenue To Budget Variance
Legislative and Administrative
City Council 0 0 $0 $0 0.0%
Boards and Commissions 0 0 0 0 0.0%
City Clerk 88,499 2,900 88,499 0 0.0%
City Attorney 860,050 99,588 860,050 0 0.0%
Administration 435,853 39,964 435,853 0 0.0%
Information Technology Services 797,682 15,221 797,682 0 0.0%
Human Resources 454,794 66,342 454,794 0 0.0%
Finance 1,299,705 240,456 1,299,705 0 0.0%
Total Legislative and Administrative $3,936,583 $464,471 $3,936,583 $0 0.0%
Non-Departmental $109,730,236 $8,312,539 $108,078,628 ($1,651,608) -1.5%
Development and Maintenance Services
General Services 5,696,999 538,972 5,519,206 (177,793) -3.1%
Community Development 3,432,743 631,637 3,368,475 (64,268) -1.9%
*Planning and Building Services 9,790,564 1,751,303 7,851,078 (1,939,486) -19.8%
Engineering 6,922,290 926,315 6,416,580 (505,710) -7.3%
Public Works 15,627,901 3,342,615 15,627,901 0 0.0%
Total Development and Maintenance Services $41,470,497 $7,190,842 $38,783,240 ($2,687,257) -6.5%
Public Safety
Police 8,662,959 685,747 8,563,034 (99,925) -1.2%
Fire 975,018 137,792 975,018 0 0.0%
Total Public Safety $9,637,977 $823,539 $9,538,052 ($99,925) -1.0%
Culture and leisure
Recreation 3,023,890 659,397 2,447,960 (575,930) -19.0%
Library 2,340,216 136,390 2,316,039 (24,177) -1.0%
Nature Center 276,892 97,861 276,892 0 0.0%
Total Culture and leisure $5,640,998 $893,648 5,040,891 ($600,107) -10.6%
Total General Fund $170,416,291 $17,685,039 $165,377,394 ($5,038,897) -3.0%
Revenue Summary:
Net Discretionary Revenue Shortfalls
Development Revenue Shortfalls
Other Departmental Revenue Shortfalls
Total
($1,651,608)
($2,445,196)
($942,093)
($5,038,897)
The revenue shortfalls projected in Planning & Building do not reflect the proposed fee update which is
currently under review and will be brought forward for Council consideration early in calendar year 2007.
14-14
Financial Status Report Schedule C
General Fund Revenues
Summary by Revenue Category
Fiscal Year 2006-2007 as of September 30, 2006
Amended Actual Projeccted Var. Proj. Percent
Budget To Date Revenue To Budget Variance
Property Taxes $26,999,041 $781,949 $27,649,041 $650,000 2.4%
Other Local Taxes
Sales 30,997,040 1,948,962 30,997,040 0 0.0%
Franchise 11,368,337 1,632,968 10,528,835 -839,502 -7.4%
Transient Occupancy 2,581,975 523,160 2,581,975 0 0.0%
Utility Users 8,030,681 1,017,773 6,617,984 -1.412,697 -17.6%
Business License 1,175.429 93.470 1,175,429 0 0,0%
Other 2,711.465 172,031 2,098,056 -613.409 -22.6%
Total Other Local Taxes $56,864,927 $5,388,364 $53,999,319 -$2,865,608 -5.0%
Licenses & Permits
Building, Plumbing, Electrical 3,678,859 608,373 3,130,204 -548,655 -14.9%
Other 602,876 112,598 639,746 36,870 6.1%
Total Licenses & Permits $4,281,735 $720,971 $3,769,950 -$511,785 -12.0%1
Fines, Forfeitures & Penalties $1,462,125 $356,790 $1,422,594 -$39,531 -2.7%
Revenue from Use of Money & Property $2,430,673 $273,036 $2,265,852 -$164,821 -6.8%
Revenue from Other Agencies
State Motor Vehicle license Fees 17,864,139 320,601 17,864,139 0 0.0%
Police Grants 3,449,822 34,760 3,391,374 -58.448 -1.7%
Other 3.423,826 221,101 3.447,019 23,193 0.7%
Total Revenue from Other Agencies $24,737,787 $576,462 $24,702,532 -$35,255 -0.1%
Charges for Current Services
Development-related Services 11,446,550 2,198,310 9,513,496 -1,933,054 -16.9%
Other Charges 6,026,996 886,413 5,624,942 -402,054 ~6.7%
Total Charges for Current Services $17,473,546 $3,084,723 $15,138,438 -$2,335,108 ~13.4%
Other Revenues
Reimbursements from Other Funds 15,496,796 1,186,062 15,196,007 -300,789 -1.9%
Other 1,876,719 771,005 2,440,719 564,000 30.1%
Total Other Revenues $17,373,515 $1,957,067 $17,636,726 $263,211 1.5%
Transfers-In $18,792,942 $4,545,677 $18,792,942 0 0.0%
TOTAL REVENUES & TRANSFERS-IN $170,416,291 $17,685,039 $165,377,394 -$5,038,897 -3.0%
14-15
Schedule D
Fiscal Year 2006-07 as of September 30, 2006
General Fund Budget Amendments
Per Council Resolutions
Est. Add'l Add'l General Fund
Description Revenues Approp Net 1m pact
One-time grant from the Dept. of Alcoholic Beverage Control (ABC Grant) $88,048 $88,048 $0
Park ranger station and facilities for the Ctay Valley Regional Park $0 $100,000 ($100,000)
Costs for inclusion on the ballot of two proposed charter amendments $0 $50,000 ($50,000)
Reimbursement for special event services for the seventh Annual Otay Ranch Day $1,381 $1,381 $0
Contribution towards the cost of defibrillators for Chula Vista schools $0 $27,000 ($27,000)
Grand funding (UASI 03 Part II) for first responder decontamination Equip. & Truck $46,303 $46,303 $0
Community donations in support of Fire Dept. ceremony and recognition event $6,540 $6,540 $0
Office of Traffic Safety Grant to fund staff, equip. & materials for STEP prog. $199,303 $199,303 $0
Total of 1st Quarter Budget Amendments $341,575 $518,575 ($177,000)
14-16
CHULA VISTA CITY COUNCIL REGIONAL AND COMMITTEE ASSIGNMENTS
The information below regarding assignments currently held and possible vacancies is in draft form.
Discussion during MAYOR'S REPORTS at the City Council meeting of December 19,2006, will permit
corrections to the information and opportunities for requests for assignment to committees listed as
"vacancies,"
Mayor Cheryl Cox
Automated Regional Justice Information System (ARJIS)
Chula Vista City/Schools Task Force
ChuIa Vista Veterans Home Support Foundation
City ofChula Vista Legislative Committee
Council Budget Subcommittee
League of California Cities (LCC) Executive Committee, San Diego - Imperial County Division
Metropolitan Wastewater Commission (Metro Commission)
San Diego Association of Governments (SANDAG) Board of Directors
US Conference of Mayors
University Blue Ribbon Committee
Deputy Mayor Jerry Rindone
City ofChula Vista Legislative Committee
League of California Cities (LCC) Executive Committee, San Diego - Imperial County Division-
Alternate
Metropolitan Transit System (MTS), Vice-Chairman
San Diego Association of Governments (SANDAG) 1" Alternate
San Diego Association of Governments (SANDAG) Transportation Subcommittee, South Bay
Representative
University Blue Ribbon Committee
Councilmember John McCann
Chula Vista Veterans Home Support Foundation Alternate
Council Budget Subcommittee
International Council for Local Environmental Initiatives (ICLEI) I st Alternate
Metropolitan Transit System Board of Directors (MTS) Alternate
Otay Valley Regional Park (OVRP) Policy Committee
San Diego Association of Governments (SANDAG) Board of Directors - 2"" Alternate
South County Economic Development Council (EDC)
Councilmember Steve Castaneda
Council Public Safety Subcommittee
Inter-Agency Water Task Force
International Council for Local Environmental Initiatives (ICLEI)
Metro Wastewater Commission (Metro Commission), Alternate
Port/City South Bay Power Plant (SBPP) Ad Hoc Committee
San Diego Association of Governments (SANDAG) Energy Working Group
H:IMA YORICV City Council Regional Committee Assignments Dec06 (3).doc
-1-
/(PA -I
Councilmember Rudv Ramirez
Vacancies
Chula Vista City Schools Task Force (formerly McCann)
Council Public Safety Subcommittee
International Council for Local Environmental Initiatives (ICLEI) 2nd Alternate. (formerly Rindone)
Inter-Agency Water Task Force Alternate (formerly McCann)
San Diego Association of Governments (SANDAG) Bayshore Bikeway Committee (formerly McCann)
South County Economic Development Council (EDC) Alternate
University Blue Ribbon Committee Alternate (formerly Castaneda)
Mavor/Council Subcommittees /new)
CVRC - Jerry Rindone
Chargers Relocation - John McCann
Independent Financial Review - Steve Castaneda
TBD - Rudy Ramirez
H:\MA YOR\CV City Council Regional Committee Assignments Dec06 (3).doc
/hA-Z
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From:
Chula Vista City Council \{)J
Council Budget Subcommittee Members Cox and McCann
To:
Date:
December 14, 2006
Subject:
Support staff in the Office of Mayor and Council
In an effort to respond to comments offered by Council members in the City Council
meeting of December 5, regarding support staff in the Office of Mayor and Council, we
offer these topics that Cheryl plans to bring to the Council for discussion under Mayor's
Comments in our December 19 meeting. The Subcommittee anticipates that the
Mayor/Council budget will be part of a comprehensive budget that will be reviewed by
the Council in May/June 2007.
BackQround
Support staff in the Office of Mayor and Council under discussion includes the following
positions:
Position
Inter overnmental Affairs Coordinator
Coastal/Environmental Polic Consultant
Senior Council Aide
Resolution 2004-284 (approved 08/24/04) authorized the transfer of the
Intergovernmental Affairs Coordinator position from the City Manager's Office to the
Office of Mayor and Council. Ordinance 3042, approved 09/26/06, shifted the appointing
authority for this position from the Mayor to the Mayor and Council.
Resolution 2005-326, approved 9/20/05, authorized the addition of a Coastal and
Environmental Policy Coordinator position to the Office of Mayor and Council. This
position was intended to improve the City's ability to monitor and analyze the growing
number and complexity of land use and environmental issues citywide including the
Bayfront Master Plan, the Urban Core Specific Plan, and the University Project.
Suggested Discussion Points
1. Coastal/Environmental Policy Consultant
The Mayor is prepared to fill the position of Coastal/Environmental Policy Consultant as
a half-time position or less. The position is currently authorized as a full-time position
and funded at $114,400 annually (salary and benefits). Reducing it to a half-time
position or less for the balance of fiscal year 2007 would save at least $41,000. The
Mayor will re-examine this position during budget deliberations in June 2007.
The $41,000 in savings would be returned to the General Fund to pay for or help offset
the cost of an Independent Financial Review, scope and cost to be determined.
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2. Intergovernmental Affairs Coordinator
The Mayor is prepared to recommend the elimination of the position of
Intergovernmental Affairs Coordinator from the Mayor and Council budget and the shift
of these duties to existing staff in the City Manager's Office, where the government
relations function had existed prior to August 2004. If the City Council agrees to
eliminate this position from the Mayor and Council budget, staff will bring back a
resolution at a subsequent Council meeting to eliminate the position from the budget.
Adoption of this recommendation would result in a savings of $63,600 in fiscal year 2007
and $124,700 per year ongoing.
3. Council Aides
Regarding Council interest in supplementing City Council staff funding, the City Council
might consider increasing each Council member's budget for Council staff by a specified
amount. With the savings of $63,600 described above by eliminating the
Intergovernmental Affairs Coordinator position in the Mayor and Council budget and
shifting the duties to existing staff in the City Manager's Office, there could be an
allocation to Council staff and a net savings to the general fund for fiscal year 2007.
Any additional funding for Council staff could be addressed as part of the comprehensive
budget review at the May/June budget hearings.
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The Southwest Chala Vista Civic Association was organized to protect the uniaue
character of southwestern Chula Vista. The design and location of the Home Depot building is
an insult to the community. A sea of parking with the store nestled in back by hundreds of
residents. An unwillingness to consider an alternative location for their building that would
keep the trucks off Moss and away from the residents is totally unacceptable and not the way
things would be done in eastern Cbula Vista. It is the job of the city to protect the quality of life
of its residents. The city already let the developer of Moss Villas build these condominiwns
with only 5 feet of setback in the rear instead of code required 15 for multifamily. Now they
are willing to allow these people to suffer continuous nuisance noise? We understand that it is
important to increase the city's income. We believe it is possible to protect the residents and
have a Home Depot, but only with a relocation of the building to the Third Ave. part of the lot
away :&om the residences. We are trying to be reasonable. We are just asking the city to put the
residents of the Southwest first.
Summa" of information-Home Depot planned for Moss and Third
Home Depot is proposing to demolish the existing K-Mart building and
the existing restaurant building and grade the entire 11.1 acre site (34 weeks of
construction noise and dust). They then want to build a 129,000 square foot
Home Depot with garden center just about exactly where K-Mart building was.
They and the city are saying that the new HD will have less traffic and therefore
create less air pollution, noise and traffic congestion than the old K-Mart and
CV Buffet Restaurant. This is absurd.
A few fads:
1. K-Mart has no more than 1 large semi delivery truck per day (except tor
XMAS time when they may have two) and all deliveries are during the day. The
restaurant was not in business at all in 2006 and most of2005.
2. Home Depot admits it has 30 trucks a day during the week and 4 or 5 on
Saturdays and Sundays. This does not include vendors' trucks and contractors'
trucks.
3. The HD on H Street in CV had 126 calls for service to the police in 2005. The
K-Mart down the street had 45. (It can be expected a HD in this location would
have 300 calls, based on difference between the two K-Mart's calls)
4. Every Home Depot has a huge amount of outdoor storage and day laborers
hanging around store. (See photos.)
5. Environmental Impact reports for other Home Depots put the traffic at near 8
thousand for a building of this size. The traffic report is claiming there will only
be 6,020 daily trips to this store. They based this upon Tuesday-Thursday Nov.
15, 16, 17, 2005 traffic count at smaller H Street store, which does most of its
business weekends. (An interesting note is that the count showed traffic 24 hours
a day with the exception of three hours on Tuesday Nov. 15.)
6. They plan on building a 15- foot tall wall 15 feet from the existing wall to
lower noise from lumber off loading. The condominiums will be a mere 20 feet
from this new wall. The noise report claims the wall will reduce the noise to 59
decibels at 50 feet from its source. This is still too loud at I decibel below
daytime standard and some of the condos will be only 30 feet from noise source,
unless the trucks and lumber hug the wall of the HD building.
7. Tmcks will drive along Moss past hospital and Megan Arms condos, turn into
lot and pass behind Moss Villas condos and two apartment complexes. Trash,
recycling, and a generator will be behind the residences and the loading dock and
trash compactor will be at the southwest comer.
They want to build 2 12- foot walls, a 15- foot wall, and a nine foot tall box
around the generator as well as parapets to block noise from coolerslheaters on
roof, but with all these trucks and forklifts and dropping lumber etc. there will be
a lot of noise. The city's noise ordinance allows this from 7 AM to 10 PM
weekdays and 8Am to lOPM Saturdays and Sundays.
We are collecting signatures of residents who want Home Depot to
be required to design their new store in a way that will keep trucks off of Moss
and away from the backs of people's homes. The city has refused to insist that an
Environmental Impact Report be done on this project or to consider relocating the
building. The Mitigated Negative Declaration does not even mention all the
environmental impacts (Air Quality, Noise, Traffic, Health and Safety, Public
Services, Aesthetics and Community Character) nor give alternatives, much less
adequately mitigate any of the impacts. Large trucks do not belong on residential
streets ~r behind residences. Trucks are incredibly noisy on a small residential
street. Frank M. lives on Naples near Cosco's loading dock. (8 or 9 trucks per day)
He has gotten a lawyer and gotten street closed to trucks. He is suing Cosco and
the city because noise wall is only 9 feet instead of 12 promised and trucks come
in the middle of the night.
The simplest alternative would be to use the plans for the H Street store, slightly enlarging
interior areas. Provide a 4-foot deep depression along Third screened with extensive landscaping
and a security fence. Truck entrance/exit driveways could be driveways I and 2. Customer traffic
could enter along driveway three and existing Moss driveways. At Rancho Del Rey store all
trucks and customers enter on Plaza Drive, apparently without a problem. The decorative
treatments DRC has asked HD to make on the back of the building would make an attractive
building for Third. All their mess, lumber drop off and loading docks would be in the depression
and behind the building, but not visible from Third due to difference in elevation. Employee
parking could be put there too ifHD so chose. The building itself would block virtually all noise
from the residences.
~
I Garden "
Main Store
Lumber oft t"'
0 t""' ."
..
loading ~ I !!
Trucks only, maybe CJQ Ii RaIley's
employee parldng .g .P>>
S-
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Driveway] r .Ancl.~~ing Driveway 2 Driveway 3
Third Ave.
utheast side of Rancho Del Rey Store Northeast side Loading Docks
umber off-loading (The ground would not be visible from Third due to elevation difference and
landscaping)
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View from
north side
of Plaza
Blvd.
(Rally's)