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HomeMy WebLinkAbout1994/09/06 Item 12 COUNCIL AGENDA STATEMENT Item /.:t Meeting Date 09-06-94 ,,(,I/P ITEM TITLE: 8. Resolution Amending Council Policy 505-03 by adding an exception to item 6B allowing the waiver of an appraisal and submittal of a lotbook report in lieu of a title report for non-profit public service organizations. ,q. Resolution I /~1u~lOriZing the City Engineer to approve a Deferral and Lien Agreement for the Chula Vista Presbyterian Church at 940 Hilltop Drive (APN 619-040-11) and to execute said agreement on behalf of the City subject to a finding of sufficiency of equity based on a lotbook report. SUBMITTED BY: Director of pu~I~C work,! REVIEWED BY: City Manager~J)6 (4/5ths Vote: Yes_No X) The Chula Vista Presbyterian Church has requested a deferral and lien agreement for the installation of public improvements at 940 Hilltop Drive. Policy 505-03 allows staff to approve liens up to $32,200 as of August 15,1994. This lien is estimated at $35,600 and therefor requires Council approval. The church has also requested that they not be required to have the property appraised as required by Policy 505-03. RECOMMENDATION: That the Council approve the resolutions which: I. Amend Council Policy 505-03 by adding an exception allowing the waiver of an appraisal and use of a lotbook report in lieu of a title report for non-profit public service organizations, and; 2. Authorize the City Engineer to approve the deferral and lien agreement and to execute said agreement on behalf of the City, based on staff's evaluation of information in a lotbook report if that report indicates that the amount of debt indicated by trust deeds on the parcel is such that the parcel contains adequate value to obviously provide enough remaining equity to cover the lien amount. BOARDS/COMMISSIONS: N/A DISCUSSION: The City is currently processing Building and Grading permit applications for the construction of a 9951 square feet Assembly Hall/Offices building at 940 Hilltop Drive. During the Design Review, the Engineering Division required the installation of public improvements along the west side of Hilltop Drive, adjacent to the subject property, in accordance with Section 12.24.04 of the Municipal Code. The improvements consist of street widening, a new street light, removal and replacement of monolithic curb, gutter, and sidewalk, one curb inlet, and one driveway. J,).' I Page 2, Item J';' Meeting Date 09/06/94 The church has requested that the improvements be deferred and that they be allowed to place a lien on the property to secure the deferred improvements. The City Engineer has determined that the deferral of public improvements is warranted. The amount of widening is minimal, only two feet, the remainder of the section of Hilltop is not widened, and it makes more sense to do it as an overall project. The issue of accepting a lien in lieu of cash is required to be considered by Council in accordance with Policy 505-03 if the lien requested exceeds $30,000 plus an increase in accordance with the Construction Cost Index. The amount in which Council must consider the lien is $32,220 as of August 15, 1994. The estimated value of the improvements is $35,600. Consequently the approval of a lien agreement must be considered by Council. Attached is a copy of Council Policy 505-03. The Church also requested waiver from obtaining an official appraisal of the property stating that an appraisal might not be needed for the Church to obtain its construction loan, and it would not want to incur the cost to provide the appraisal if it were not needed for their loan. In addition, no title report was submitted. Instead, a copy of a Full Reconveyance of the Deed of Trust by Synod of Southern California recorded in 1976 and a $10,000 mortgage payoff dated June 1982 were submitted. This apparently was an indication by the church that all outstanding loans on the property had been paid off. Without a current title report or lotbook report, staff can not assure Council that there are no additional trust deeds on the property. Policy 505-03 specifically states that for the City to even consider accepting a lien, the total lien, plus all indebtedness against the property shall not exceed 75% (80% for single-family residential) of the value of the property. Policy 505-03 requires the applicant to provide a title report issued within 60 days of application submittal and an appraisal showing the current value of the property. Staff proposes that an exception to the requirement to provide an appraisal be included in Policy 505-03 for any organization that is non-profit and providing a community service and that a lotbook report be required in lieu of a full title report. Staff feels that a lotbook report is the absolute minimum information necessary to determine if there is enough equity in the property to provide security to assure the improvements can be installed. Lotbook reports cost considerably less than a title report. They provide ownership and trust deed information and nothing more. Such a report will indicate all major debt on the property. It will not list liens so not all possible encumbrances will be indicated, but staff feels that a lotbook will be sufficient in circumstances involving non-profit, community service organizations that have been in the community for a substantial period of time and will allow staff to make a better estimation of the equity in the property. Staff proposes that Council consider this exception on a case by case basis in the future. Staff recommends that item six of Council Policy 505-03 be amended to add a new subsection C which reads as follows: IJ.~~ Page 3, Item J)... Meeting Date 09/06/94 C. In case of non-profit public service organizations the Council can, on a case by case basis, waive the requirements contained in 6A and B, above and in lieu thereof accept a lotbook report which provides ownership and trust deed information. In making the decision to waive the requirement contained in 6A and B the Council shall consider the type of organization, the length of time they have been providing a service to the community and their stability of future continuance of that service. Staff feels that this is appropriate because those type of organizations are providing a community service, have usually been in the community for a period of time, and are, therefor, a stable group that can be considered a good risk. FISCAL IMPACT: Standard fees have been received by the City to process Staff-approved deferrals. ATTACHMENTS: Attachment A - Letter from the church Attachment B - Plat showing location of improvements Attachment C - Policy 505-03 NOT SCANNED WAU File: PD-185 M:\HOME\ENGINEER\PERMITS\A.113. W AU J;'~J Ii rTACHNEtJr A ."' ,_, '.. ~; ..-;;:' r- ..- 1 ~::-:..:. _. _ ;......'. Chula Vista Presbyterian Church ,CC!, ',"'( 20 pll 2, 47 '0i~"1 ,t". 'i May 17, 1994 City of Chula Vista Chula Vista, CA 91910 Re: request for deferral for Chula Vista Presbyterian Church Gentlemen: The Chula Vista Presbyterisn Church requests a lien in lieu of a cash bond. Our understanding is that Hilltop Drive is not scheduled to be widened for a very long time-perhaps decades. We are willing to accept this lien. We also request a waiver of the appraisal of the property due to its land and known value. Weare told we may not need an appraisal for our loans and hope, therefore, not to incur this unneeded cost. Our addition will not increase the flow of traffic on Hilltop Drive. Chula VISta Presbyterisn Church /;2-'/ l' ',' Fax (619)426-4373 ,Pt)- /8t; 940 Hilltop Dtlve Chula Vista, California 91911-2299 (619)426-2211 , \:; ~ LEGEND ~xislinJ CI- ;'5. 07 rorrecf !vca.-f"on 0"1 a((O/",-Il:rl'fCe w,-Ih. f)w.g. 67.3. o SuSJG'CT PROPfFR7Y 80UA/OARY - eJ<IS':-'"/NG J="ACE OF Cl../IU3 ~ S,....P€tT U/iDFiV/It/G ,?Z~ 472' n.' ~'-f .. -L 1$11' '0' R.C. "- lu lu ~ "Lf- "".~... n.. # ~ I~'. CL--=- ~.. "". U' . '" SO' ==---T "". .... er. ]--l '-J 4' SO' '" ,"x,snN(; D' ~ CLASS II COLLECTOR STREET ( DIlY /N 0ffE/.1PEIJ AREAS /EST OF /-805 ) If/DEN STTIEFT /NTERSECT/iN AS _ /tHEN /NTERSECrrNB A CLASS // COLLECTOR STREET OR H/6/fR. EJIH/6/T "6" 322' ;tIIU TOP '" ~ )2l ~ 3 \<:> :s -\- oj iJ/?IVE ~ jJiJ-/f3~ A TTRc..f-fM ENT (.., COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: POLICY NUMBER 505-03 16979 EFFECTIVE DATE 2/23/93 DATED: PAGE NUMBER Deferral and Lien Agreements ADOPTED BY: Resolution No. Page 1 of 2 2/23/93 BACKGROUND Whenever an owner develops his land in the City, he or she must install any missing public improvements in accordance with current standards as required by Section 12.24.040 of the Municipal Code. In certain cases, however, those improvements may be deferred due to the existing conditions surrounding the property. At the time the ordinance providing such deferrals was adopted, security for the future completion of the improvements by the owner/developer could be in the form of cash, surety bond, pass book, or a lien against the property in favor of the City. The Council previously delegated authority to the City Engineer to approve deferrals and to accept liens on the property to secure the deferral. The report recommended that security be only in the form of cash bonds or, in the case of demonstrated hardship, the City accept a lien against the property being developed. After this authority was shifted, the department found that it was relatively easy to make a determination of demonstrated hardship for an owner wanting to build a single family home, remodel or add to his/her existing single family dwelling and, on his/her authority, accept a lien in the place of the cash bond. In the case of all other types of development (i.e., multi-family residences, industrial and commercial buildings), since these uses are all "for-profit" ventures, it was generally much more difficult to make the necessary determination of financial hardship. As a result of this, liens were, as a general rule, not allowed for these latter uses based solely on staff s authority. PURPOSE It is the purpose of this policy to provide a means of streamlining the deferral process and curbing the number of appeals appearing on the Council's docket. /,,1 , t SUBJECT: Deferral and Lien Agreements POLICY NUMBER EFFECTIVE DATE 505-03 2/23/93 PAGE NUMBER Page 2 of 2 ADOPTED BY: Resolution No. 16979 DATED: 2/23/93 POLICY The following Deferral and Lien Agreement Policy is hereby established: 1. Only after all other efforts have been made to acquire a cash bond and failed, will the City consider accepting a lien on the property. 2. Staff may approve deferral and lien agreements up to an amount of $30,000 for any deferral granted by staff, whether residential, multi-residential, industrial or commercial property. 3. That the above amount of authority is to be increased or decreased annually beginning on the first of January of the year following the date of adoption of this policy. The increase or decrease is to be determined by the Construction Cost Index factor as presented in McGraw - Hill's national publication Engineering News Record. (Construction Cost Index Value - 5059.07, Dec. 1992) 4. Council is to consider deferral and lien agreements which exceed those authorized to be approved by staff. 5. In order for the City to consider accepting a lien, the total of the lien, plus all indebtedness against the property shall not exceed: a) 75 % of the value of the property in the case of commercial, industrial or multi-family residential and; b) 80% of the value of single-family residential. 6. Before the City can agree to accept a lien, the applicant is to provide the following items: A. A title report issued within 60 days of submittal showing all indebtedness and encumbrances against the property. B. An appraisal showing current value of the property 7. Whenever a deferral and lien is approved, the standard deferral and lien agreement prepared by the City Attorney (copy attached) shall be utilized. 8. Staff shall forward a report to Council in the month of January of every odd- numbered year. Said report is to include the total number of deferrals and the comparison of the dollar amounts of liens versus cash bonds. I,), ~ 7 RESOLUTION NO. /'1(,:17 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A DEFERRAL AND LIEN AGREEMENT FOR THE CHULA VISTA PRESBYTERIAN CHURCH AT 940 HILLTOP DRIVE (APN 619-040-11) AND AUTHORIZING THE CITY ENGINEER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY WHEREAS, the Chula vista Presbyterian Church has requested a deferral and lien agreement for the installation of public improvements at 940 Hilltop Drive; and WHEREAS, Policy 505-03 allows staff to approve liens up to $32,200 as of August 15, 1994; and WHEREAS, this lien is estimated at $35,600 and therefor requires Council approval; and WHEREAS, the church has also requested that they not be required to have the property appraised as required by Policy 505- 03. NOW, THEREFORE, BE IT RESOLVED the city council of the City of Chula vista does hereby approve a Deferral and Lien Agreement for the Chula vista Presbyterian Church at 940 Hilltop Drive (APN 619-040-11), a copy of which is on file in the office of the city Clerk as Document No. (to be completed by the city Clerk in the final document). BE IT FURTHER RESOLVED that the City Engineer is hereby authorized to execute said Agreement for and on be if of the City of Chula vista. tj)y Presented by John P. Lippitt, Director of Public Works C:\rs\lien.agr I~A -I Recorder: Please index as, "Agreement N only Recording requested by and please return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 This instrurueut benefits Property Owner. Recording Pee required. 8 ] *: ~: :;:' ~ ~~ t $: ~! ~ ~~ ~~ t\ e: , .}:.'.m>>:<<,}:{<<",w.w;:;:>.'>>:;:;}:"'Wj:"'}:;:;:<v:*:;:'~>>~:"':"W":;:>...'?.:{;:.:':;:'>>:.:;}:.:,:;:;:;}:.}};;:;}:{.}}:.}}:;:;}:;:;}:{.:<<.}}:.,.}:",}:~.}}:.}:{.~}:{;}:"'}:{;:;}:;:'~,"'}:.,..jW;:{;:'}:.~}:;:;}:"''''':;}WM}WjR;}:{>}:{.}:{.}:;:.}:;:;:{;:;}:@:<<o:;:;:.:;:.:<<,-.:>...W~:"':;:",=*:;:':<<,:;:'~:"':*:''':;:>'':;:< . This space for Recorder's use, only . Assessors Parcel No. 619-040-11-00 PD-I8S AGREEMENT FOR THE DEFERRAL OF THE INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS IN THE CITY OF CHULA VISTA AND LIEN SECURING THE FUTURE INSTALLATION OF SAID IMPROVEMENTS ON THE PROPERTY OWNED BY CHULA VISTA PRESBYTERIAN CHURCH AND LOCATED AT 940 HILLTOP DRIVE THIS AGREEMENT, made and entered into this day of ,19_, by and between the CITY OF CHULA VISTA, a municipal corporation (hereinafter "City"), and CHULA VISTA PRESBYTERIAN CHURCH (hereinafter "Property Owner"); WIH!gH!HH WHEREAS, the property which is the subject matter of this agreement is commouly known as 940 HILLTOP DRIVE, CHULA VISTA, CALIFORNIA, is identified in the Couuty Assessor records as Parcel No. 619-040-11-00 and is legally described as: In the City of Chula Vista, County of San Diego, State of California, being certain portions of Quarter Section 121 of Chula Vista, according to Map thereof No. 505, recorded in the office of the Recorder of said San Diego, March 13, 1888, consisting of the following two parcels: Parcel I: The southerly 140.00 feet of the easterly 352.61 feet of Lot 20 of said Quarter Section 121. Parcel 2: The easterly 352.61 feet of Lot 21 of said Qnarter Section 121. (hereinafter "Property"); and, WHEREAS, Property is owned by Property Owner; and, Page I /M~~ WHEREAS, Property Owner is desirous of constructing a warehouse, hereinafter referred to as "Building", on the Property; and, WHEREAS, Section 12.24.040 of the Chula Vista Municipal Code provides, generally, for the installation of certain public improvements upon any dedicated alley, street or streets adjacent to a lot or parcel upon which a structure or building is to be installed, erected, or moved upon; and, WHEREAS, Property Owuer is obligated ("Improvement Duty"), by the above described authority to install certain public street improvements ("Improvements"), on the street right of way abutting the Property to the specifications set by, and designed, surveyed, staked and installed to the satisfaction of, the City Engineer, described as follows; Curb, gutter & sidewalk, consisting of approximately 402 linear feet to be built along the Property frontage, two driveways cousisting of approximately 700 square feet to be built within the street right of way, and approximately 820 square feet of A.C. paving, one street light and a curb inlet. WHEREAS, Property Owner has applied to the City Engineer of the City for a deferral of the Improvement Duty; and, WHEREAS, Section 12.24.070 provides that if the City Engineer, in his discretion, feels that said installation of Improvements would cause a defective condition to the property or it would be extremely impractical to install or construct the same, then the City Engineer, upon finding that grounds for said deferral of the requirements of Section 12.24.040, may grant said deferral, which may be limited to a specified period of time; and, WHEREAS, the City Engineer does hereby find that the grounds for said request for a deferral of the Improvement Duty exist on the conditions set forth in this Agreement, and the granting of said deferral is in conformance with the requirements of Section 12.24.070; NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows; A. Grant of Deferral: City Engineer hereby grants a deferral of the Improvement Duty until 30 days after such time in the future that the City Engineer may submit a written demand upon the Property Owner or successors in interest to perform the Improvement Duty, but in no event for a period of time later than three (3) years from the date of execution of this agreement. B. Agreement to Perform Imorovement Dutv: Property Owner, or successors in interest, in lieu of installing the Improvements specified herein prior to final inspection or the giving of a Certificate of Occupancy by the City, agrees, covenants and promises that Property Owner will perform the Improvement Duty within thirty (30) days of written notice from the City Engineer to install said improvements, or within three (3) years from the date of execution of this agreement, whichever occurs first. C. Agreement Runs with the Land: The burden of this covenant is for the benefit of the land owned by the City adjacent to the Property. The burden of this covenant touches and concerns the Property. lt is the intent of the parties, and the parties agree, that this covenant shall be biuding upon both the current Property Owner, and upon the successors, heir, transferees and assigns of the Property Owner, and run with, the ownership of the land which it burdens. D. Grant of Lien: For the purpose of securing the faithful performance of the promises and covenants herein contained, Property Owner hereby grants to the City of Chnla Vista a lien Page 2 l.il9-;J ("Lien") upon the Property in an amount equal to Thirty Five Thousand Six Hundred and 00/100 Dollars ($.00) based upon the current Construction Cost Index Value of 5433 as published weekly by the McGraw-Hill weekly periodical, Engineering News Record ("Index") and which amount shaH be increased or decreased monthly in direct proportion to the increase or decrease in the Index between the month in which the City forecloses upon said lien, and the month in which this agreement was entered ("Lien Amount"). 1. At any time during the period herein provided, Property Owner, may make a cash deposit with the City in the then current Lien Amount to cover the total cost of the improvements. If said cash deposit is made, the City shall rescind the Lieu granted by this Agreement, and shall record a notice of rescission of same. The rescission of the Lien shaH not constitute a rescission of other covenants and property interests herein granted, and shall not constitute a basis for not recording this Agreement. 2. In the event that said Index is no longer published, the City shall have the right, upon notice to Property Owner, to calculate the Lien Amount on the basis of any index which it reasonably determines reflects the cost of living increases or decreases in the San Diego County area between the date of this agreement and the date of foreclosure on the lien. 3. The Lien Amount shall operate as a maximum amount of the principal of this Lien, exclusive of Attorney's Fees and Costs, and interest from the date of filing of the foreclosure action on the Lien, which interest Property Owner agrees to pay at the rate of ten (10%) percent per annum, compounded annually. E. Grant of Conditional Easement: Property Owner hereby grants to City a conditional easement over the Property to permit entry upon, design, survey, staking and construction upon, and maintenance of, the Improvements which easement shall be conditional upon the refusal or failure of the Property Owner, including Property Owner's successors, to perform the Improvement Duty as herein required. F. Remedies: Nothing in this agreement shall constitute a limitation on the remedies provided at law or equity. It is understood, agreed and acknowledged by Property Owner that, upon failure of the Property Owner to perform the Improvement Duty at the time and in the manner specified by this Agreement, the City may, but is not required to, do any of the foHowing: I. Install or construct said improvements by contract or otherwise, and permission is hereby granted to the City or its contractors and contractor's employees to enter upon any portion or portions of said property reasonably necessary for said construction, and the entire cost and expense of said improvements shall be charged against said property and said cost and expense shall be payable by Property Owner, his/her successors, heirs, assigns or transferees, immediately upon completion of said improvements, and in the event the same is not paid within thirty (30) days, the City may foreclose on said lien, as provided by law for the foreclosure of mortgages, and Property Owner agrees that the amount of said lien includes attorneys' fees which shaH be taxed as a cost in any suit or foreclosure. G. Direct the City Engineer to estimate the cost of the work required to complete said improvements, and foreclose said lien in said amount. 1. Foreclose said lien as a mortgage. Page 3 /;/'/I ,r 2. Pursue any other remedy, legal or equitable by law, for the foreclosure of a lien, and Property Owner, his/her successors, heirs and assigns, shall pay reasonable attorneys' fees and costs to be taxed as a cost in said proceedings. Covenant to Coonerate in Imnrovement Petition: It is further understood and agreed that Property Owner and/or hislher heirs, assignees or successors in interest shall not protest any proceeding authorized under that chapter of Streets and Highways Code, commencing at ~ 5000, et al. (" 1911 Act Proceeding"), or that chapter of said Code, commencing at ~ 7000, et al. ("1913 Act Proceeding") to provide improvements that include any of the works of improvements for which Property Owner is obligated as an Improvement Duty under this Agreement. H. Miscellaneous Provisions: 1. Authoritv of Citv: Property Owner further agrees that, and agrees not to protest the fact, that the City is vested with the authority to require the Property Owner to perform the Improvement Duty forthwith. 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 U.S. 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. Facsimile transmission shall constitute personal delivery. Citv: City of Chnla Vista 276 4th Ave. Chula Vista, CA 92010 Attn: Public Works, Engineering Division Pronertv Owner: Chula Vista Presbyterian Church 940 Hilltop Drive Chula Vista, Ca. 91911 (A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. Facsimile transmission shall constitute personal delivery.) 2. Cantions: 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. Page 4 ,-- /.2--9 -...;1 3. Entire Al!reement: This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representations, agreements. understandings, and/or statements shall be of no force and effect. 4. PreDaration of Aereement: No inference, assumption or presumption shal1 be drawn from the fact that a party or his attorney prepared andlor drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. 5. Recitals: Exhibits: Any recitals set forth above are incorporated by reference into this Agreement. 6. Attornevs' Fees: In the event of any dispute arising as to the enforcement of an obligation created by this Agreement, but not as to any dispute arising as to a claim or defense of the validity of this Agreement, the prevailing party in any action shall be entitled to reasonable attorneys' fees in addition to any other costs, damages, or remedies. (End of Page. Next Page is Signature Page.) Page 5 /;JfJ .,~ SIGNATURE PAGE FOR DEFERRAL AND LIEN AGREEMENT IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. CITY OF CHULA VISTA DATED: BY: CLIFFORD L. SWANSON, DEPUTY PUBLIC WORKS DIRECTOR/CITY ENGINEER (City Clerk to attach acknowledgment.) PROPERTY OWNER DATED: DATED: (Property Owner(s) to attach notary acknowledgment.) NOTES: a. Each owner as reflected on the preliminary title report must sign. b. Permittee is to submit a check or money order payable to County of San Diego in the amount of $28.00 for recordation of this agreement. BRUCE M. BOOGAARD CITY ATTORNEY Page /I J.2.,e}'/ PAGE FOR ACKNOWLEDGMENTS . (Notary to attach acknowledgment.) . . (City Clerk to attach acknowledgment.) . [M:IHOMEIENGlNEERIPERMITSIDEF&L1EN. FRM] Page 7 J:J../I ' r RESOLUTION NO. /7t.J/~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING COUNCIL POLICY 505-03 BY ADDING AN EXCEPTION TO ITEM 6B ALLOWING THE WAIVER OF AN APPRAISAL AND SUBMITTAL OF A LOT BOOK REPORT IN LIEU OF A TITLE REPORT FOR NON-PROFIT PUBLIC SERVICE ORGANIZATIONS WHEREAS, the Chula vista Presbyterian Church has requested a deferral and lien agreement for the installation of public improvements at 940 Hilltop Drive; and WHEREAS, Policy 505-03 allows staff to approve liens up to $32,200 as of August 15,1994, however, this lien is estimated at $35,600 and therefore requires Council approval; and WHEREAS, the church has also requested that they not be required to have the property appraised as required by Policy 505- 03; and WHEREAS, Policy 505-03 specifically states that for the city to even consider accepting a lien, the total lien, plus all indebtedness against the property shall not exceed 75% (80% for single-family residential) of the value of the property; and WHEREAS, Policy 505-03 requires the applicant to provide a title report issued within 60 days of application submittal and an appraisal showing the current value of the property; and WHEREAS, staff proposes that an exception to the requirement to provide an appraisal be included in Policy 505-03 for any organization that is non-profit and providing a community service and that Council consider this exception on a case by case basis. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby amend item six of Council Policy 505-03 to add a new subsection C which reads as follows: C. In case of non-profit public service organizations the Council can, on a case by case basis, waive the requirements contained in 6A and B, above and in lieu thereof accept a lotbook report which provides ownership and trust deed information. In making the decision to waive the requirement contained in 6A and B the Council shall consider the type of organization, the length of time they have been providing a service to the community and their stability of future continuance of that service. I,).e ' I Presented by John P. Lippitt, Director of Public Works I.J.{) "';J...